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CC 1984-05-24 Minutes
i'ra k �1 CITY OF m''IAMl MAY 24, 1984 OF MEETING HELD ON (REGULAR * PLANNING & ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK i t? "aw 12, i f i+DA' , NA'I 24 /84 1 2 ORE SENTATIONSt PLAQUES AND SPECIAL ITEMS DISCUSSION 1. BRIEF DISCUSSION ITEM: DISCUSSION 2 3 PRESENTATION TO MS. MARIA MEYER, PRESIDENT OF THE ABUSED CHILDREN SOCIETY -DECLARING DISCUSSION 2 "ABUSED CHILDREN AWARENESS MONTH. 4 DIRECT ADMINISTRATION TO INVESTIGATE COMPLAINTS RECEIVED FROM NEIGHBORS OF PROPERTY LOCATED AT APPROXIMARTELY 3940 DOUGLAS ROAD ALLEGING THE 3-4 KEEPING OF EXOTIC ANIMALS ON THE PREMISES. M-84-572 5 OFFICIAL RECOGNITION OF "FLORIDA IMPORTERS 7 EXPORTERS ASSOCIATION OF FLORIDA" FOR THEIR CONTRIBUTION TO INCREASE OF U.S. TRADE ABROAD AND ON HAVING BEEN AWARDED THE "PRESIDENT'S DISCUSSION 5-6 'E' AWARD" 6 DIRECT CITY MANAGER TO ALLOCATE $40,000 IN CONNECTION WITH PROPOSED INTERNATIONAL HEALTH COUNCIL EVENT TO BE HELD IN MIAMI IN SEPTEMBER 21-23, 1984; SUBJECT TO EQUAL SHARING IN THE M-84-573 6-9 FUNDING BY OTHER GOVERNMENTAL AGENCIES- 7 GRANT REQUEST BY THE MIAMI OPERA ASSOCIATION AND AUTHORIZE CONTRIBUTION BY THE CITY IN THE AMOUNT OF $25,000 IN CONNECTION WITH THE STAGING OF THEIR MAIN EVENT. SUBJECT TO THE HOLDING OF SAID EVENT WITHIN CORPORATE M-84-574 9-10 LIMITS OF THE CITY. 8 GRANT REQUEST MADE ON BEHALF OF THE GOMBAY FESTIVAL AND AUTHORIZE THE CITY MANAGER TO i ALLOCATE AN ADDITIONAL $10,000 TO THE $46,000 PREVIOUSLY GRANTED FOR SAID EVENT. M_g4-575 11-12 9 RESOLUTION APPROVING INSTALLATION OF DRIVE-IN FACILITIES AT TRADE NATIONAL BANK BUILDING R-84-576 12 I 468 N.W. 27TH AVENUE, MIAMI. 10 AUTHORIZE CITY MANAGER TO ALLOCATE $75,000 IN CONNECTION WITH THE PROPOSED "INTER- M-84-577 13 - AMERICAN CONGRESS OF MUNICIPALITIES. 11 DISCUSSION AND TEMPORARY DEFERRAL OF APPROVAL I OF PROPOSED AGREEMENT BETWEEN THE CITY OF MIAMI AND BAYSIDE LIMITED PARTNERSHIP ON I BEHALF OF THE ROUSE MIAMI, INC. AFFILIATE OF THE ROUSE COMPANY, OF MARYLAND IN CONNECTION WITH THE BAYSIDE SPECIALTY CENTER PROJECT; DISCUSSION 14-30 ETC. (see label 16) 12 GRANT REQUEST MADE BY REPRESENTATIVES OF POPS BY THE BAY CONCERTS AND AUTHORIZE CITY MANAGER TO ALLOCATE $15*000 IN CONNECTION M-84-578 31 THEREWITH, 'ism-„lifir 4 art do"AS omNdAmtr i }�7r7YiliYiW�r1ic11Vai14Ni.Yii�itfwfYWi.tiii.alii►ilr.Y�.WrUaYW firWY�+iiaGrwa.saw.Ar+nrww`..tact...srli}iww.iii.i.W+r-W�iiY.aY�r7irfiiai.ririltri7liirriNYaY11Yi'IYifi[iViW9iiai�lifrll MAY 24/84lu W"INMI OR R dt� 8MkMCT RL Lt IO1� No � 'iic11Yi—ilYiif acii iiYi��riiYillc—inY.YWiiaYtYYWr Wirirf iWWi1YY�iiiiWiiaiul6iYiYllYifl_ii7.l0iW..`i.111rWilYlaY1Y�1#i r. N F 13 BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED SECOND READING ORDINANCE FOR ATLAS CHANGE AT APPROXIMATELY 740-742 N.W. 25TH AVENUE AND APPROXIMATELY 741-43 N.W. 26TH ! AVENUE, FROM RG-1/3 TO CR-2/7.SEE LABEL DISCUSSION 31-32 NO. 35. 14 FIRST READING ORDINANCE. AMEND CHAPTER 22 "GARBAGE & TRASH" OF THE CODE, AS AMENDED PROVIDING ADDITIONAL REQUIREMENT FOR PLACEMENT LOCATION OF DUMPSTERS IN NEW FIRST COMMERCIAL OR MULTI -FAMILY RESIDENTIAL READING 33-42 15 SECOND READING ORDINANCE. AMEND SEC. 14-17 OF THE CODE TO ALTER THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT TO EXCLUDE AREA COMMONLY REFERRED TO AS • POINT VIEW AREA. ORD. 9835 43-44 16 CONTINUED DISCUSSION FROM LABEL 11 AND TEMPORARY DEFERRAL OF PROPOSED APPROVAL OF AGREEMENT WITH BAYSIDE LIMITED PARTNER- SHIP ON BEHALF OF THE ROUSE MIAMI, INC. RE. BAYSIDE SPECIALTY CENTER PROJECT SEE LABEL NO.23. DISCUSSION 44-50 17 EXPRESS DEEPEST SYMPATHY AND SINCEREST CONDOLENCES TO THE FAMILY AND FRIEND OF FRANK COSGROVE, FATHER OF STATE LEGISLATOR JOHN COSGROVE, UPON HIS DEATH. R-84-579 50-51 18 REFER TO THE ADMINISTRATION FEE WAIVER REQUEST BY COCONUT GROVE ELEMENTARY SCHOOL FOR $212 IN ORDER THAT THEY MAY PARADE ON THE STREETS IN CELEBRATION OF THE JOELLA GOODE DAY. DISCUSSION 51-52 19 GRANT REQUEST FROM REPRESENTATIVERS OF MIAMI STICKBALL CHAMPIONSHIP TOURNAMENT U.S.A. FOR USE OF CITY'S INTERIM PARKING FACILITY NO. 24 EAST OF BISCAYNE BLVD. ON THE F.E.C. PROPERTY, AUTHORIZE ISSUANCE OF NECESSARY PERMITS. M-84-580 52-54 20 AUTHORIZE CITY MANAGER TO ALLOCATE $5,000 FOR PURCHASE OF TICKETS TO THE 'MISS. AFRO-AMERICAN BEAUTY PAGEANT. M-84-581 54 21 APPROVED PROPOSED AMENDMENTS TO THE MIAMI WORLD TRADE CENTER DEVELOPMENT ORDER A.D.R.I. IN DOWNTOWN MIAMI. STIPULATION FOR AN EXTENSION OF ONE YEAR. R-84-582 55-56 22 APPROVE PROPOSED MODIFICATION IN THE MIAMI CITIY GENERAL EMPLOYEES RETIREMENT PLAN. AUTHORIZE MANAGER TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT WITH SANITATION EMPLOYEES AND MIAMI GENERAL EMPLOYEES -84-583 56-57 INCORPORATING THE PROVISIONS OF SAID DOCUMENT. R i i t! *°x`£' k sp. h1 A r t tG bi i bl l'T.,1n' j Ty, �ii�iliii�iY.WfiW�i�iiiiiiai7 ilLidlkllWiiNiiYyliWY'r�►7Y IR�iiliif4 ... ...... .. u . _... �IAY 24/$4 OSIt R�.AR UST 1tifi8tlt.UB,� it�'WYIHYiIilYiiiilib�iHria iiil/iYiHi/iiilri�li6at�iiiiYiii ii �.iNUiHi—Y.i�iirtYiiiY. aY ifirlJY rIbiWi`YYifJDi(Wi.iiaY.frili►�WIi iiiLY�"il 23 CONTINUED DISCUSSION FROM LABEL 16. APPROVE AGREEMENT WITHSAYSIDE LIMITED PARTNERSHIP ON BEHALF OF THE ROUSE MTAMI, INC. RE. SAYSIDE .CENTER PROJECT WITH SPECIAL STIPULATION TO INCORPORATE ALL DISCUSSED AMENDMENTS AS PROFERRED AND DISCUSSED THIS DATE, M-84-584 R-84-585 57-88 24 DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED RESOLUTION SEEKING AUTHORIZATION FOR THE ISSUANCE OF A DEVELOPMENT ORDER FOR THE 1221 BRICKELL PROJECT. A DRI. DISCUSSION 88-93 SEE LABEL NO. 27. ! 25 GOING ON RECORD REQUESTING STATE OF FLORIDA i THAT FLAGLER STREET NO LONGER BE DESIGNATED 1 AS PART OF THE STATE HIGHWAY SYSTEM. FURTHER j REQUESTING SAID DESIGNATION BE ANONULED OR M-84-586 93-96 REMOVED. 26-A GOING ON RECORD IN FAVOR OF THE CONCEPT OF ARCADES THROUGHOUT THE STREETS IN THE DOWNTOWN AREA AND MORE SPECIFICALLY, FLAGLER STREET M-84-587 96-97 26-B INSTRUCT CITY ATTORNEY TO DRAFT NECESSARY DOCUMENTS TO AMEND CODE AND PROVIDE FOR USE AND IMPLEMENTATION OF ARCADES IN CERTAIN AREAS M-84-588 97-98 27 APPROVE ISSUANCE OF DEVELOPMENT ORDER FOR THE 1221 BRICKELL PROJECT, A DRI. FURTHER ACCEPTING VOLUNTARILY PROFERRED OFFER FROM APPLICANT TO GIVE THE CITY $25,000 CASH OR TOTALLY COVER THE COST OF BUILDING TENNIS COURT AT MOORE PARK, WHICHEVER IS GREATER. R-84-589 101 28 INSTRUCT CITY MANAGER TO MAKE A STUDY OF GLASS OR MIRRORED HIGH RISE BUILDINGS IN THE BRICKELL AREA WHICH MAY CAUSE AN ADVERSE ENVIROMENTAL EFFECT DUE TO THE REFLECTION OF HEAT FROM THEIR SURFACES. REPORT BACK TO THE COMMISSION WITHIN THIRTY DAYS. M-84-590 101-102 29 LONG DISCUSSION IN CONNECTION WITH THE ADMINISTRATION'S ANNUAL REPORT ON CABLE TELEVISION. DISCUSSION 102-119 30 FIRST READING ORDINANCE. AUTHORIZE ISSUANCE OF $30,000,000 HOUSING AND REDEVELOPMENT BONDS - FOR COMOMUNITY REVITALIZATION PROJECTS IN THE CITY OF MIAMI, ETC. FIRST READING 119-125 31 PUBLIC HEARING. POSSIBLE CHARTER AMENDMENT TO CORRECT GRAMMATICAL, SYNTACTICAL AND LINGUISTIC ERRORS IN THE CITY CHARTER, TO ELIMINATE OBSOLETE OR REDUNDANT LANGUAGE DISCUSSION 125 32 FIRST READING ORDINANCE, PROVIDE FOR THE HOLDING Vli1d��ra Vil M&Y 24/84 . BSI 1�6XAM iY►iYK6&*Yft i - OF A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 6, 1984 WITH RESPECT TO THE ISSUANCE OF $300000,00o FOR HOUSING AND REDEVELOPMENT BONDS 1ST READING 126 33 SECOND READING ORDINANCE. AUTHORIZE ISSUANCE OF $35,000,000 PARK AND RECREATION FACILITIES BONDS. ORD.9836 127-130 34 SECOND READING ORDINANCE. PROVIDE FOR THE HOLDING -� A SPECIAL MUNICIPAL ELECTION ON SEPTEMBER 4, 1984 i WITH RESPECT TO THE ISSUANCE OF $35,000,000 FOR PARK AND RECREATION FACILITIES BONDS. ORD.g837 130 1 35 APPROVE IN PRINCIPLE PLANS SUBMITTED FOR M-84-591 130-131 IMPROVEMENTS TO J.P.'S RESTAURANT. 36 SECOND READING ORDINANCE. ATLAS CHANGE FROM RG-1 TO CR-2/7 AST APPROXIMATELY 740-742 N.W. 25 AVENUE AND APPROXIMATELY 741-743 N.W. 26 AVENUE. SPANISH INTERNATIONAL COMMUNICATIONS ORD.9838 131-132 OWNER. 37 SECOND READING ORDINANCE. AMEND ART. 15 OF 9500 SPECIAL PUBLIC INTEREST DISTRICTS. SEC. 1570.SPI 7.1 AND SPI-7.2 BY DELETING SPI-7-1 AND SPI 7-2, ETC. ORD.9839 132-145 38 SECOND READING ORDINANCE. ORDINANCE 9500 ATLAS CHANGE FROM SPI-7.1 TO SPI 7.7.BRICKELL. MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT. ORD.9840 145-146 39 SECOND READING ORDINANCE. ATLAS CHANGE FROM SPI-7.2 TO SPI-7-7.BRICKELL MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICTS. ORD.9841 148 40 DISCUSSION IN CONNECTION WITH PROPOSED SECOND READING ORDINANCE. AMENDING ART. 20 NEW SUBSECTION 2038. FLEA MARKETS. LIMITATIONS ON FLEA MARKETS, ETC. TEMPORARILY DEFERRED SEE LABEL N0.•43. DISCUSSION 148-154 41 FIRST READING ORDINANCE. ORDINANCE 9500 TEXT CHANGE. ADD NEW SUBSECTION 2003.9. TEMPORARY SPECIAL EVENTS. SPECIAL PERMITS. TO SECTION 2003 OF ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS. REGULATION OF CARNIVALS, FESTIVALS, FAIRS AND SIMILAR ACTIVITIES 42 STIPULATION BY CITY COPMMISSION THAT IN CONNECTION WITH THE HOLDING OF SPECIAL EVENT CARNIVALS ETC. NO MORE THAN TWO SUCH EVENTS SHALL BE HELD AT ANY ONE CITY FACILITY. 1ST READING 155-158 M-84-592 43 SECOND READING ORDINANCE. CONTINUED DISCUSSION FROM LABEL NO.40 ORDINANCE 9500 TEXT CHANGE; AMEND ARRT. 20 PROVIDE NEW SUBSECTION 2038 FLEA MARKETS. PROVIDE FOR THEIR OPERATION UNDER A CLASS C PERMIT. ETC. ORD.9842 162 sst3tmo µ is t ra� �f tai`,�. r NO yRp r�4 �Fyh�� t $ , Ii1��i�Yi�SW�.i.�.i1�1iI�7Yii�ii�....�fri►/Y�7�.�iY..�ifiGiifi�Yiiili....iiiiiiti���i1r11Yi.iiluT Y.i.li/.lir SST MAY24/84 ,'a►in..ais�.arr..���.a�cf�a�wr.s�wwr.srr�wryrw�.r+�w+�i.+t�.�a..r.�rv.�r�ry.i...rr.y. �r.�.�'.u.aa�r.wr. a�.w.�:ra 1 44 FIRST READING ORDINANCE. ORDINANCE 9500 TEXT i AMENDMENT TO ART. 20 SEC. 2031. DRIVE INT ESTABLISHMENTS. CAR WASHES. ETC. 45 AUTHORIZE ASSIGNMENT OF BUS BENCH CONTRACT TO SE,IN THE NAME OF EUGENE A. HANCOCK AND EUYGENE A. HANCOCK, JR. AS PROVIDED UNDER TERMS OF THE NOVEMBER 2, 1983 BUS BENCH CONTRACT. R-84-593 163 46 SELECT THE LAW FIRM OF BROAD AND CASSELL, ONE BISCAYNE TOWER, TWO SOUTH BISCAYNE BLVD. MIAMI, FLORIDA 33131, AS CO -BOND COUNSEL WITH BROWN, WOOD, IVEY, MITCHELL AND PETTY IN CONNECTION WITH CITY OF R-84-594 164 MIAMI GENERAL OBLIGATION BOND ISSUES. • 47 BRIEF DISCUSSION SEEKING CLARIFICATION ON RECENTLY PASSED FIRST READING ORDINANCE RE. DRIVE IN ESTABLISHMENTS. CAR WASHES, DISCUSSION 166 ETC. SEE LABEL NO.44. 48 EMERGENCY ORDINANCE. ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED. INTERNATIONAL FESTIVAL, 1984, APPROPRIATE $125,000 INI CONNECTION WITH THE INTERNATIONAL ORD-9844 167 FESTIVAL ETC. 49 AUTHORIZE CITY MANAGER TO SIGN WHATEVER CONTRACTS MAY BE NECESSARY IN CONNECTION WITH THE ANHEUSER BUSCH UNLIMITTED M-84-595 168 REGATTA EVENT. 50 AUTHORIZE CHANGE OF COMPLETION DATE IN CONSTRUCTION CONTRACT WITH BETTER CONSTRUC TION INC. FOR THE CONSTRUCTION OF JOSE MARTI RIVERFRONT PARK, PHASE II, TO R-84-596 168-169 SEPTEMBER 30, 1984. 51 ALLOCATE $25,000 TO COCONUT GROVE MARKETING REPRESENTING IN KIND SERVICES TO BE PROVIDED IN CONNECTION WITH TASTE OF THE GROVE FOOD R-84-597 170 FESTIVAL TO BE HELD AT PEACOCK PARK- 52 AUTHORIZE COCONUT GROVE MARKETING, MUSCULAR DYSTROPHY ASSOCIATION LOVE 94 RADIO AND PRODUCERS OF COCONUT GROVE BED RACE TO STATE TASTE OF THE GROVE FOOD FESTIVAL IN PEACOCK R-84-598 170 PARK ON JULY 14, AND 15, 1984 53 AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH GEORGE ACTON, JR. FOR PREPARATION OF THE SPECIAL PUBLIC INTEREST SPI- ZONING ORDINANCE FOR THE SOUTH EAST OVERTOWN PARK WEST R-84-599 171 COMMUNITY AREA. 54 APPROVE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO THE $30,000.000 TO THE CITY OF MIAMI, FLORIDA, GENERAL OBLIGATION BONDS R-84-600 172 F+ L4� ry 1 - ms 4� s r ftnuk Al 24/84 {1Jipy� �r�J��..�.�+riinww�K►+rtirw,r�w..rw.w . w�oc+YNoiieYW�i.YY�ti+YW9hfYtvyt��rriYana.r'.a...�r:Yw�r.. S5 FIXING CERTAIN DETAILS CONCERNING $2,000.000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, $18,100.000 HOUSING BONDS; $3,000,000 STORM SEWER IMPROVEMENT BONDS AND $7,1000*000 STREET AND HIGHWAY IMPROVEMENT R-84-601 173 BONDS OF THE CITY OF MIAMI, FLORIDA 56 AUTHORIZE INCREASE IN CONTRACT BETWEEN CITY AND RUSSELL, INC. FOR COMPLETION OF CITY WIDE PAVINGG PROJECT. S.W. 27TH AVENUE AND R-84-602 174 N.W. NORTH RIVER DRIVE. 1 57 ALLOCATEE $10.000 IN SUPPORT OF PHASE II , ' OF THE STUDY OF DOUBLE TAXATION IN DADE COUNTY PRESENTLY BEING CONDUCTED BY THE CITY OF CORAL GABLES, AS CITY'S PROPOR- R-84-603 174 TIONATE SHARE OF THE COST OF THE STUDY. 58 EXTEND PROFESSIONAL SERVICES AGREEMENT WITH _ WARREN L. BRAUN, CONSULTING ENGINEERS, IN AN AMOUNT NOT TO EXCEED $15,000 FOR SERVICES REGARDING CABLE COMMUNICATIONS AGENCY'S TECHNICAL REVIEW OF THE CITY'S CABLE R-84-604 175 TELEVISIOMN SYSTEM. 59 AUTHORIZE CITY MANAGER TO EXTEND PROFESSIONAL SERVICES AGREEMENT WITH LAW FIRM OF ARNOLD AND PORTER, IN AMOUNT NOT TO EXCEED $125,000 FOR REPRESENTATION RELATING TO THE CABLE TELEVISION LICENSE FEE WAIVER PETITION PENDING BEFORE THE FEDERAL COMMUNICATIONS COMMISSION. ETC. R-84-605 176 60 SECOND READING ORDINANCE. ORDINANCE 9500 ATLAS CHANGE. APPLY SEC. 1610 HC-1. GENERAL QUSE HERITAGE CONSERVATION OVERLAY ORD.9844 178 DISTRICT TO COLA NIP BOTTLING CO. 61 SECOND READING ORDINANCE. ORDINANCE 9500 ATLAS CHANGE. APPLY SEC. 1610 HC-1 GENERAL USE HERITAGE CONSERVATION OVER LAY DISTRICT T e 6—NIP--80TTLING--CO • ORD.. 9845 179 62 CLAIM SETTLEMENT. STEVEN EUGENE $20,000, AND TO DONNA MICHAELSON* ESQ. HIS ATTORNEY $50000. R-84-606 180 63 SECOND READING ORDINANCE. AMEND SECS. 62-15, 62-24, 62-26,62-32, 62-34, 62-M47, 62-48, 6249, 62-52 AND 62-53 OF CHAPTER 62- ZONING AND PLANNING OF THE CODE, PROVIDE FOR INCREASE IN MEMBERSHIP OF THE PLANNING ADVISORY BOARD AND THE ZONING BOARD. ORD.9846 181 64 WAIVE COMPETITIVE BID REQUIREMENTS AND AUTHORIZE EMERGENCY PURCHASE OF PRINTING AND GRAPHIC ARTIST SERVICES AT A COST OF $15,000 IN CONNECTION WITH DISTRIBIUTION OF VOTER R-84-607 182 INFORMATION FOR MARCH 13, 1984,ESPECIAL ELECTION �_`: l��' .i"t f' } 'k`' T � c � �e � � �]-pki "°e i ,iw ^k,� £PJy � � .(< i� e• �v` � _ y. a Rtmu Ott non" mwtNa IT al�iWfiil�`ITwlf'{rp��i.N�ll��:����,�rg� (�G���ip Olt l� 17A L /y DU 1 iVNMob nCT`� N0 - �' iii�YY�L+.sirvli.rririfocYra�is�iilaf...hi.Ywt�.wa.rcri�ayY.r.�:.�Y+ri.cr:.iwrurn.r+rw.ri�w�a`Y.rrirrr..�rri.iar..r.sra'ray-�rrrr.wrrwr.ilLw�crolvaYtilYi�iii7Yia�t.Mr j { j 65 APPOINT ANGELA M. CULMER AND MARGARET M. DAYLE TO THE HERITAGE CONSERVATION BOARD. R-84-608 183 66 REFER TO THE MIAMI MEMORIAL COMMITTEE A RECOMENDATION TO CO -DESIGNATE N.E. 15TH STREET FROM N,.E. 2ND AVENUE TO THE BAY AS ALVAH CHAPMAN WAY. M-84-609 183 67 SECOND READING ORDINANCE. AMEND SECTION 1 AND 6 OF ORDINANCE 9684. PROVIDING FOR ALLOCATION OF $1,433 TO THE BURN UNIT AT JACKSON MEMORIAL HOSPITAL. ORD.9847 185 YY!�' is ��rna` �, .ur"'" 3- ' rr` iNa"°� 5�+ .Z. air , 3 �'�• ,gam 6p' nout Aik MITi1�ii� C� CITY COMMISSION OF M1AMi, PLORIDA E_ On the 24th day of May, 1984, the City CoMarissioh'6f qq Miami, Florida, met at its regular meeting place in the City A Halle 3500 Pan American Drive, Miami, Florida in regular _a session.16 h The meeting was called to order at 910 o'Clook A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be presents Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, City Manager Jose R. Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City ClerX An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. -------------------------------------------------- 1. PRESENTATIONS, PLAQUES AND SPECIAL ITEMS- 1. Certificate of Appreciation presented to Jack Eads, Big Brothers/Big Sisters volunteer. 2. Commendation presented to Alicia Baro, Member of Plan- ning Advisory Board & Member of Zoning Board. 3. Commendation presented to Henry Estrada for performance as a cadet and scholar, Florida Air Academy at Mel- bourne, Florida. 4. Commendation presented to Victor Azria for tireless ef- forts on behalf of Miami -Nice Sister City Committee. 5. Commendation presented to Bobbie Berkman for her work during the recent Nice Sister City delegation to Miami. 6. Certificates of Appreciation were presented in grateful acknowledgment of efforts and dedication during recent Nice Sister City delegation to Miami to Miguel & Jean- ette, Sherwood Weiser, Don Lefton, Muriel Azria, Julie Schulte, Chantal Bourgoignie, Pedro Arrel ano, Ingrid Steelman, Charles Aron. 7. Proclamation presented to Desiderio Perdomo, President, Semana de los Municipios de Cuba en el Exilio- S. Commendation presented to Alejita Padro Flores for her many years of dedicated service to our community. ld 1 5/24/84 Mr, Plummer: As most of you walked in today, you saw the Miss Budweiser. Miss Budweiser will be one of eleven boats which will be running the 14th annual Budweiser Unlimited Regatta. We hope that all of you will avail yourselves on June at 9 & l0. These boats will be running in the Miami Marine Stadium for the 14th consecutive year. This partieu- lar boat was five times gold cup winner. We have a very ex- citing portion of the race this year for the first time - for the first time there will the three turbine powered boats capable of 250 miles an hour, plus! The motors were taken directly out of helicopters and placed into these boats and already has started a controversy in which there is now a clamor to reduce horse power. We hope that all of you will be there on Sunday, June 10th, which is the big day, and I now officially, Mr. Mayor, send you a challenge for the Mayors against the Press race on Saturday. We are going to have six jet skis... Mayor Ferre: That's all I need is one more challenge to the Press. Mr. Plummer: Well, I am not going to be - we are picking six mayors, and you happen to be one of the lucky ones. Mayor Ferre: Oh, nol Mr. Plummer: And there will be appropriate prizes for the losers and there will be a small prize for the winner. Mayor Ferre: Wait a minute. The last time this occurred and when I got down there - the races at the Grand Prix, it does not take a great deal of imagination to immediately re- alize that some of those cars were souped up, and they want- ed to put me in one of those little slow cars, and I recog- nized that and of course I knew exactly what was going to happen, so I got sick right away, because I wasn't about to be embarrassed to come in last. Now, I want your assurance that none of these boats are going to be rigged! Mr. Plummer: They are not rigged, Mr. Mayor, but I want to be honest and truthful with you. We are not really con- cerned about your participation on the jet skis, as the peo- ple of this Miami are waiting to see you in a bathing suit, so... 3. PRESENTATION TO MS. MARIA MEYER, PRESIDENT OF THE ABUSED CHILDREN SOCIETY - DECLARING "ABUSED CHILDREN AWARENESS MONTH. Proclamation presented to Maria Meyer, President of the Abused Children Society, declaring Abused Children A- wareness month." id 2 5/24/84 i4 ;itR A t��'I' 0 1" �Iptamil R=IVY46 t� nom WOM OPS 01P PROPSM LOMMO AT APPROXIMA"Ut " 39" DOUGI f ,t, # piles or MRortc U" asTU F. s PR2MI liiiiifl.YY iy.yiif..6iii ifYi�.Mil.—.Iti iYiYiiiii.lY.lii�Y.i.iliirli►YI.IY�Yiiiiiiiiill.iiiiYi.ifiYlii.iY� ,. Mayor Ferret At this time also we have Mr. Bruce Berckman. Mr. Berckman, I know that you are here on a very important mission. We have your letter and I know you have talked to J. L., and other members of the Commission - Mr. Hancock has. We have a problem with time, so what I would like to do is for you in a very brief moment describe your problem. All right, Mr. Berckman. Mr. Bruce Berckman: My name is Bruce Berekman, Jr. I live at 3941 Midway Street in Coconut Grove. For the past six or eight months, we have had a problem in our neighborhood be- cause a new property owner has purchased land at 3940 Douglas Road and has been keeping exotic wild animals there, and also has constructed walls and other things that are not in conformity with the zoning laws. Now, the zoning viola- tions can be handled in a more or less routine manner, but the problem is that Chapter 6 of the City r-ode addresses dogs and chickens and rabbits, but makes no provisions for the control or not having what amounts to a zoo in a resi- dential area. Now, this zoo has large cats like tigers or lions and monkeys and lemurs and exotic birds, snakes and things like that and these things create an unpleasant odor and create noise and I think they are dangerous, because if any of them escape, of course, or if children would wander in there, it could form a potential hazard. I think it is just inappropriate that our City has private zoos with dan- gerous exotic animals in residential areas, so we ask the Commission to consider this matter, and undertake to pass an appropriate ordinance to control this. Thank you very much. Mr. Plummer: Let me ask the City Attorney - Mr. Pedrosa, they have been trying to go through the regular process of the zoning, which seems to be apparently some problem. They have been trying to go through the Police Department, and that seems to be a problem. Mr. Pedrosa, my question to you, I know there exists on our books that which is referred to as a general nuisance. I recall that has been used in the past where if five people petition the Courts, a situa- tion can be declared a general nuisance. Am I correct in that, sir? What I am really asking - is that an area in which it should be pursued to try to give these people some relief? - Mr. Garcia -Pedrosa: Yes, Commissioner, the Code does have a nuisance, or an anti -nuisance ordinance. The problem is that there is no provision in the Code specifically dealing with wild animals, and 1 think it might be appropriate to go either via zoning or via a nuisance theory in order to get some relief, if that is the will of the Commission. Mr. Plummer: Mr. Mayor, I would make a motion at this time that we direct the City Manager to investigate this matter and report back to this Commission on June 14th with his findings and what he is going to do to correct the problem, if it needs attention. I would so offer that in the form of a motion. Mayor Ferret Is their a second? Mr. Dawkins: Second. ld 3 5/24/84 Mo or t rather discuetsion an the M6 �,y...war:zeta..Sri.rr+rair�r+,rc��r.r+�.r..r:�.si,c..gar.�r.�.r••r+r+w+�+a►war.�wracasa�. M PJMIW:'COM4 asioner peel e t re , 0139 ,.wYi�+cawyrarvi.asaWYW►irrriYca�i�W►arr�riw�wci.wriiwwar+uiY.riif.tii�.aYi�iiaw�awa�i�� ; The following motion was introduced by Cbmiasion" ' er plummet, who moved its adoption: MOTION N0. 84-572 A MOTION DIRECTING THE CITY MANAGER TO INVESTIGATE COMPLAINTS RECEIVED FROM NEIGHBORS OF PROPERTY LOCATED AT APPROX- IMATELY 3940 DOUGLAS ROAD IN CONNECTION WITH POSSIBLE VIOLATION OF LOCAL NUI- SANCE ORDINANCES DUE TO THE KEEPING OF EXOTIC ANIMALS ON THE PREMISES. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES= Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ; Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Mr. Dawkins: I'd like to ask this gentlemen - did I under- stand you to say that this has been reported to our Code en- forcement people? Mr. Berckman: We have done the following - we have called the Police on probably a total of about 40 occasions. There is a case number . I wrote the Mayor on I think the 7th of April and again several times, and I have discussed the mat- ter personally with the Mayor and with Commissioner Plummer. The Chief of the City Inspection Division, Mr. Perez re- sponded very rapidly and efficiently, and his people are do- ing what they can, but it basically comes down to the fact that there is no law on the books in layman's terms that specifically would enforce the removal of this nuisance and this danger. Mr. Dawkins: When the City's enforcement officers come out, there are no violations and there is nothing they can en- force, is that what we are saying? Mr. Berckman: They said "Well, there is a misdemeanor, but we never can find the owner." We have never been able to find the owner, either. His telephone is unlisted and he is never .. . Mr. Dawkins: Well, if you can't find the owner, than you just vacate everything off the property and if nobody owns it, I mean if... Mr. Berckman: Well, there are always employees there - there are a lot of employees there, and sometimes arms, yes. Mr. Dawkins: And they shoot too, huh? Mr. Berckman: They have threatened neighbors. Id 4 5/24/84 Mr . plummer t I designate ge , d and, remove all snakes. Perre and I will commissioner Dawkins to personal" - of the lions, the tigers, am the take care of the wild birds,:,,. Mayor Farrel Speak for yourselfl Well thank you very much to the neighborhood, and I am sorry you have gone through this troubling.,. hope we can find some solutions. t per- sonally want to say on the record, totally agree and sympa- thize with your position. I don't think that residential communities are places to have zoological specimens of ani- mals that would make noise and create health hazards and smells and all kinds of things. It is just not the right thing, so we will be talking to you again. _ N-------N---N-�-N-NM-r-i--N-----N--N-N--N.�-r-.� S. OFFICIAL RECOGNITION OF "FLORIDA IMPORTERS S EXPOMWM ASSOCIATION OF FLORIDA" FOR THEIR CONTRIBUTION TO IN- CREASE OF U.S. TRADE ABROAD AND ON HAVING BEEN AWARDED THE "PRESIDENT'S 'E' AWARD"- -------- --- - ---- - ---- Mayor Ferre: We do have twenty people, I just got a note, and I am not going to be able to recognize you, I apologize. Would you all stand? These are members of Ole Florida Ex- port and Importers who are here with Lou Nixon, the Deputy Director of the U.S. Department of Commerce. Is Mr. Nixon here? Mr. Nixon, would you and Mr. Nicolas Aguirre and we are just going to very quickly recognize you. Ladies and Gentlemen, the Secretary of Commerce has sent the group in Miami, headed by Sergio de Armas. Is Mr. de Armas here? " Congratulations, for your organization has been se- lected to receive the President's "E" award for export serv- ice and recognition of outstanding contribution to the in- crease in U. S. trade abroad. Our Miami district office staff will work with you to arrange an official announcement and press release, and a presentation ceremony." Ladies and Gentlemen, as you know, the "E" award is something that goes back to World War I and it was given to the Navy for excellence. "E" stands for excellence. During World War II the award was given again to distinguished members of the Navy for excellence. World War II companies that produced for the war effort were recognized. Under the Kennedy Admin- istration beginning in 1961, it has been for excelling and developing overseas markets and conquering difficult foreign markets. Over 2,000 people and organizations have been a- warded the "E" award since 1961. Sixty-one of them have been from the State of Florida and I think it is appropriate and certainly important that we recognize today the distin- guished group of Miamians who were the Florida Export and Im- porters who worked so diligently to make the mark on behalf of this community, and won't you join me in congratulating them for the receipt of this important award. Thank you, Mr. Nixon for being here with us, and our respects to the Secre- tary of Commerce, and our gratitude. I would like Mr. Bill Cullum, who is the Executive Director of our Great Chamber of Commerce to perhaps join them, if he would in this picture, and we thank you for being here. Ladies and Gentlemen, won't you help the City recognize these people who have done such a good job. (APPLAUSE) Mr. Sergio de Armas: It is a pleasure to have the opportuni- ty of being here with you today, like it was a distinctive pleasure to receive this award from President Reagan in the Rose Garden yesterday. This only reflects the good of this id 5 5/24/84 `, '* ctstunity MV ffilidh you # Mr. Mayor have done fof this d . nity in Promoting international trace and Wet the Fior��a ,�i porters aind rporterS reispect you for your efforts `°and! ;rim thank you for everythingyou have done for the K6*6 i_Ai and for the well-boing of the City. Thank you so MUCh Mayor Ferro, Weil, I went to thank you again# Mr. de Armid for the wonderful work you do for this community jibe ►rid your organisation, and please know that we are very proud of the hard work and the accomplishments and that anything We' can do to support you, we are going to do. Thank you again, sir. .i------------ h.----------r----r r- ------------- ------- 6. DIRECT CITY MANAGER TO ALLOCATE $40,000 IN CONNECTION WITH PROPOSED INTERNATIONAL HEALTH COUNCIL EVENT TO BE HELD IN MIAMI IN SEPTEMBER 21-23, 1984; SUBJECT TO EQUAL SHARING IN THE FUNDING BY OTHER GOVERNMENTAL AGENCIES. 1 - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - -- Mayor Ferret Dr. Villamonte, this is the last item and I know that you have got to get to the hospital. Ladies and Gentlemen, Dr. Manny Villamonte is the Chief of Radiology at the University of Miami and at Mt. Sinai Hospital. The State of Florida is very fortunate that it has in it some super doctors - there are about three or four. You know, we hear of Den Cooley from Houston and we hear of Michael De Bakey and they are super doctors, but we have got our own super doctors here and Dr. Villamonte is now recognized throughout the world as probably one of the most outstanding radiologists. People come from all over this country and all over the world to listen to him and to seek his advice and to consult him. He probably has one of the most impres- sive departments in the United States and most of it really has been due to his brilliance and his tenacity. Dr. Villa- monte, we are always honored to have you here. Dr. Manny Villamontet it is my honor to be here and we will take only a couple of minutes of your time. For the first time in Miami, all the groups that are interested in health care have united under one flag and it is a newly created organization called tentatively the International Health Council. Last year, the suggestions made by Congressman Dante Fascell and with the outstanding Miamian who is his intellectual friend and worker, Mrs. Maria Elena Torano De Pantin, the Heath Minister who meets every year in Washing- ton came to Miami and this year, by the end of September, a three-day meeting is a program that should attract probably over 100 people from Central America, the area of the Carib- bean and South America. Several of us have been to Washing- ton this week, and we have news about the support that this group will get for this conference, and the objective of this international health council is extend what has been done very effectively in trying to sell Miami abroad. We want to sell health care facilities abroad and primarily be of help to those people that are in need. I must tell you that none of us who are members of this council, other than the person that is designated as a chairperson, neither re- ceive any compensation and we have no titles and we expect no recognition. We are just citizens of Miami interested in what is best for Miami and what is best for patients that are suffering abroad. I would like Dr. Cesar Fosnick, who is our financial manager to make a very quick request. Dr. Cesar Fosnickt Mr. Mayor and Commissioners, we are try- ing with a great deal of help from hopefully the City, the County, the State and the Federal government and many of our ld 6 5/24/84 d q kid private sector organizations to put together ono of a .fifta, t; get., perhaps the finest event of this kind that has ever be to bring been held outside of Washington6 we will able hundred dignitaries, the Ministers of together over one Health of most of the countries in the hemispheres as well as the Ministers of Social Security that will be responsible medical for health care in many countries and deans of What we would like to Flo schools, administrators and so on. is to make a request from the City of Miami for part of the funding for these activities, which would include primarily both f a set of events from September 21st to 23rd, academic as well as social activities, and we are asking activities the City of Miami to contribute $40,000 towards this effort. The bare boned budget for the minimum funding that we would be required obtain would be $89,000 to put on all the as- we pects of this event. Now, as Dr. villamonte mentioned, we have a commitment traveled to Washington this week and from the Agency for International Development at this point for $10,000 towards this activity. We will be seeking funds from the County, the State, the Department of Health and Hu- man Services. I think it is important to see the perspec- is the for the Miami area and what tive of what potential funding is available to package programs that we can sell abroad in the next year. Mayor Ferre: Doctor, in the interest of time, because some people have to catch airplanes here ... so I can understand, you want to bring all of the health ministers of the Ameri- cas here. You want to also expand it by bringing, as I un- derstand it, deans'of distinguished medical schools and dis- tinguished super -doctors, what I call them.... Dr. Fosnick: Exactly, the eminent physicians of the hemi- sphere. Mayor Ferre: .... the eminent...and the idea is to focus upon Miami as a medical center and the hospitals and educational facilities that we have, and so on. Dr. Fosnick: Well, to picture Miami as the international health hub that it is and... Mr. Plummer: It is more than that. Mayor Ferre: Well, why is it more? Mr. Plummer: Well, it is more than that, Maurice. I think we have to understand that last year was the first time that we were ever honored in this South Florida area by having this group meet out of Washington, D. C. It is true the ef- forts of the local facilities here that they got those peo- ple to come here for two days. Let me tell you a very im- portant aspect that they haven't brought out as far as I am concerned. South Florida generates a tremendous amount of dollar sales through medical equipment of companies based in Miami and South Florida, and through the efforts of bringing that group here last year, they were possibly millions of dollars of revenue generated in this community of sales to these countries that came here represented. Now, what they are trying to do this year is not only have the ambassadors of those countries, but also to expand it and to have more than just a social gathering by having a professional semi- nar as well, and also inviting the medical people. Mayor Ferre: All right so what is the will of the Commis- sion on this? Mr. Plummer: Mr. Mayor, I have to tell you that I think it is an outstanding event for this community. It is national recognition. I think it is just as important for promotion Id 7 5/24/84 t S V, h +His 4 •< l�3:`:a , t ra � i b i�ilg#� oK� .: ; : trhde b ;Mtn 4MY, Wit" the-ratnb6to s Mhyt� ;Parses thare a 6+600nd7 are Mr. pares: Second. Mayor Ferret I would imagine that you are putting a condi tion that Metropolitan trade County, or other governments would participate at least equally. Mr. Plummer& That is standard. Mayor Ferret okay, in other words, the $40,000 that you re- quested is granted conditioned upon your matching it from other government entities, other than the Federal governs went, obviously. You are talking about State or Local gov- ernment. Mr. Plummer: Also with.... Dr. Fosnick: or Federal government, or private sources. Mayor Ferre: Now, we see the purpose of doing it on a gov- ernment basis doctor is, our brothers and sisters over in Metropolitan Dade County have a tendency to dump on us all the time and then we end up carrying the burden of it and we want to kind of keep their feet to the fire; so the purpose has got to be really that you have to get some from other local sources. We will match everybody else put together. You get the State, the County, Miami Beach, everybody else to match us, and we will match you dollar for dollar. I think that is only fair. Dr. Fosnick: The Commission will be happy to know that the County Manager sent a memo, I believe it was last week re- questing all of the County Departments to fully cooperate with this venture. Mr. Plummer: But, that doesn't cost any money. Mayor Ferre: If you want, we can withdraw our $40, 000 and also pass a resolutionl (LAUGHTER) Dr. Fosnick: No. absolutely notl No, we are very happy to receive that. Mr. Plummer: There is a second proviso that that must be held within the corporate limits of the City of Miami. Mayor Ferre: In other words, you can't take it to Fort Lau- derdale, or if Miami Beach doesn't cooperate, and you can't have a function at the... Mr. Plummer: What I am saying is, they had a very success- ful at the Hyatt Convention Center, and I think that that is where it should be again. Dr. Fosnick: That is where we are planning to have it. Thank you. Mr. Perez: Are you going to limit the convention to the Latin American ministers or to the hemisphere? Dr. Fosnick: No, it is the entire hemisphere - Caribbean also. Mr. Perez: How many ministers do you expect? ld 8 5/24/84 .e,- r rasnicki Well, 1 believe that there are about 34 M nit ttre '..-O Vealtht There wild.- also be Ministers of ' ntri®s hospital cage is under 96 + uiri ty because in some cau : s' �i;l ::security atd it will - have deans of medical shcrol and hospital administrators. - Mayor Ferre: Thank you very much. Did we take a vote do this? Ms. Hirais No, sir. Mayor Ferret All right, call the roll, please. The following motion was introduced by Commission- er Plummer, who moved its adoption: MOTION NO. 84-573 A MOTION INSTRUCTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $40,000 IN CONNECTION WITH A PROPOSED INTERNA- TIONAL HEALTH COUNCIL EVENT WHICH WILL BE HELD SEPTEMBER 21-23, 1984 IN MIAMI; SUBJECT TO METROPOLITAN DADE COUNTY AND OTHER GOVERNMENTAL AGENCIES EQUALLY SHARING IN THIS FUNDING AND, SUBJECT TO SAID EVENT BEING HELD WITHIN THE CORPO- RATE LIMITS OF THE CITY OF MIAMI- 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. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo -- 7. GRANT REQUEST BY THE MIAMI OPERA ASSOCIATION AND AUTHOR- IZE CONTR.I13UTION BY THE CITY IN THE AMOUNT OF $ 25 , 000 IH CONNECTION WITH THE STAGING OF THEIR MAIN EVENTt SUBJECT TO THE HOLDING OF SAID EVENT WITHIN CORPORATE LIMITS OF THE CITY- --------------- ------- Mayor Ferre: I think we have one last thing, and I apolo- gize that ... but, Bob Herman and I think the people from the Miami Opera are all here. How many people are here from the Miami Opera? Mr. Plummer: Bob Herman and Bob Herman! Mayor Ferret No, he has got several people. Bob, quickly, because I promised we would be on the Bayside by 9:00 o'clock. Mr. Robert Herman: Mr. Mayor and Commissioner, last year you gave assistance to the Greater Miami Opera Cultural and Educational Community Service program, which helped us to make possible a number of services that we provide to the community. We have requested that this year you do that a- gain with a grant of $25#000. Last year... ld 9 5/24/84 R O r #r (19A�D1'tU`,§xC"j0UNb COME" s �y Mr. 7�li na : Bob what did we rho inst � yeart ' Mr. Herman: You did $15,000 last year and you told us at k# that time to go to trade County and see if could get-'m0nbY, We got them to increase from $lS, 000 to $50, 0Rf0 from the i School Board. We got $450000 from the tourist room tar fund for the same - Mayor Ferre: What did you want to do? I don't know. Mr. Plummer: He wants $25,000. He got $15400 last year. ( Want to split the difference? Mr. Herman: We need the $25,000 awfully badly. Mr. Traurig is our president-elect. He is also here representing the opera. Mr. Plummer: Will you take $20,000?... $21,500? P Mayor Ferre: Plummer moves that $25,000 be granted to the Greater Miami Opera Guild Association. Who seconds it? Perez seconds it. Further discussion? Mr. Plummer: I want to note for the record - one of the main reasons I am doing that is Mr. Herman's conversation with me yesterday that these are going to be held in Miami and some of them at the Marine Stadium. I think that is very healthy. Mr. Herman: We are doing Pops By the Bay series this sum- mer. mayor Ferre: Further discussion? Call the roll. The following motion was introduced by commission- er Plummer, who moved its adoption: MOTION NO. 84-574 A MOTION GRANTING A REQUEST SUBMITTED BY ROBERT HERMAN, OF THE GREATER MIAMI OP- ERA ASSOCIATION, ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 IN CONNECTION WITH THE STAGING OF THE GREATER MIAMI OPERA EVENT; SUBJECT TO SAID EVENT BEING HELD WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI. 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. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ld 10 5/24/84 x `Y . r ors Ott, x £ a k i '+1.fili�i(�'�Iitii�il7iUia1✓lYiY�f�IY�i1�I.faiPli�(iiiSl®i1iYi�i.liYfl�I�YVYY.�.fY'Ifi.��Yi�..Y1��1.�+�iYYi 1 ._ • i $ I j ► Aim idal To CITY N"Aam Ti A11AWA'IN AN !► IVIO"t ' 41 Nu f YBai ' Mr. bawkinss Mr. Mayor, may we hear Mr. Rolle, please? Mayor Ferre: Mr. Rolle. Mr. Bill Rolle: Mayor Ferre and Commissioners, I am from the Miami Bahamas Goombay Festival Committee, and you have I granted us a fee and... Mr. Dawkins: Ask them what you want, because we have got to i get out of here. i Mr. Rolle: Okay, you have granted us a sum of $46,000 for the Bahamas festival... s Mayor Ferre: $46,000 has already been approved. t - Mr. Rolle: Right. i ' Mayor Ferre: Last year you had $56,000 and... Mr. Rolle: $56,000, and we need that other $10,000 if pos- sible, because we have are pretty short. Mayor Ferre: Miller Dawkins makes the motion. Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commission- er Dawkins, who moved its adoption: MOTION NO. 84-575 A MOTION GRANTING A REQUEST MADE BY Mr. BILLY ROLLE ON BEHALF OF THE GOOMBAY FESTIVAL AND ALLOCATING AN ADDITIONAL $10,000 TO THE $46,000 PREVIOUSLY GRANT- ED, FOR A TOTAL $56,000 FUNDING. 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 Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Mayor Ferre: On the record I want to say that we spend much more than that in the Calle Ocho and some other festivals that you have in Little Havana. $56,000 is a reasonable a- mount of money to be expended for the Goombay Festival, which is the largest, most successful Black celebration in Florida. It draws literally over 100,000 people into the Coconut Grove area - 300,0001 - id 11 5/24/84 f("roxr•�bYi+,e +:- - �`ra r f 1 s - .t �T �. Y' �a�r �r� �'� xe<✓, e�Ri..� yj n s y 3 Mr r i�aark3.ita ' Mrs _i synr, I think- we alsb reed to Put in the re66rd that they did turn bank $3 000 lest year that they didn't U80 h .:;,..... Mayor Ferret That is, because they didn t know abort t iC►- til the last moment All right r go spend that ` at, egg? year,s Mr. Plummer: I think we need to give them $53,000 this j year l (LAOOHTER) g. RESOLUTION APPROVING INSTALLATION OF DRIVE-IN FACILITIES AT TRADE NATIONAL BANK BUILDING, 468 N-W- 27TH AVZNUE, MIAMI. NNNN----N--N----N--------- NN----- N--------N---N- Mayor Ferre: Anybody got any pocket items? Mr. Plummer: Mr. Mayor, I've got a quick one. We've been handed a resolution this morning. As you know, it has been my concern about drive-in facilities - the Trade National Bank has brought a plan. It has met all of the specifica- tions. It is in order, Mr. Mayor. They are on a time bind, and I would like to move a resolution approving the instal- lation of the drive-in facilities at Trade National Bank Building, 468 N. W. 27th Avenue, Miami, Florida, and I so move. Mayor Ferre: is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion on this item? Counselor, do you want to give us a lecture on how it works and all of that? Unidentified Speaker: Not at all if you are ready to vote, Mr. Mayor. Mayor Ferre: Okay, let me see the maps as I vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-576 A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN FACILITIES AT TRADE NATIONAL BANK BUILDING, 468 NORTHWEST 27TH AVE- NUE, MIAMI, FLORIDA. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ld 12 5/24/84 Joe Carollo Atimm p CMS or -rwry.rr�+r�rrrrr�r•rrrar,�rrr.rr•i Mr. Perez: Mr. Mayor, there is something that I want to em- ve phasize. As you know, We ha unicicalitiesilaston £monthsthe ewith the ter -American Congress of M P participation of 360 aunt cimovetthatfthisZCommission tratify tries and I would like made last year, increase i the same contribution that they 000, but in the first to $75,000• Last year it was $60' ear they have 350 del - to year, we have 158 delegates and this y egatea. There is a motion on the floor, is there a Mayor Ferree second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Mr. Plummer: There is a mot 0 n from $60, 000 to increase the World Congress up to $75,00 Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commission- er Perez, who moved its adoption: MOTION NO. 84-577 A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $75,000 COERICANNNECTION WITH CONGRESS THE OF MUNICIPALITIES". • Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo NOTE FOR THE REC ORD AGENDA ITEM NO.-26 WAS CONTINUED TO THE JUNE 14TH COMMISSION MEETING. --------------- ld 13 5/24/84 y ^t�? 1� DY ct iO�i AgD Y D1 t OF APPROVAL OF NO* pO1 D A09SEMMt DIM= IM CITY OF 14a1I AM ah" LIKI"M FA�E'i'1t MMIp ON 8211Al2 OF TIM ' 6N HIMI ► I b �` AFh`ILIA'l OF T= ikoUss C014FAliYe OF HA ADD, IN COMM- TION WITH TUB "DAYSID1 SPECIALTY Cam" PFXMIXVI 8" 0 (Bee label 16) anr.� ribr.i..�+.•wrY.ir��r..Y.rr�.r�►wr�r��rarr��r��rrr�ti.err.��ri+.wrarr�i+rwr+W+++i.iulti Mayor Ferre: All right, we are on Bayside. Mr. Manager; the Chair recognizes you. Mr. Gary: Mr. Mayor, before you is Item 47, which is the lease agrasruent with the Rouse Company for the operation of Bayside. I would like to explain to the Commission that the unified devlopment process which this City Commission adopt- ed and was overwhelmingly approved by the voters of Miami provided for very, very progressive open and thorough selec- tion process, which required the involvlement of the private sector. It was my desire to continue that process by util- izing the expertise of the private sector, also in the nego- tiation process, and to that end we continue the volunteer services of Mr. David Weaver who is the Chairperson of the Selection Committee, as Co -chairperson of the Negotiation Committee and David Weaver is here today. We also utilized the expertise of Mr. John Pearson who is a local attorney in the City of Miami 'with sage et al. I don't remember all the names. We also utilized City staff and John Gilchrist as well as Bob Sechen and Miriam Maer of the Law Department. Mr. Mayor, the Rouse Company agreement that you have before you was negotiated in a record time of five months, as op- posed to the minimum of one year, which it normally takes. As a matter of fact, in New York, the last one they did, it took three years. This agreement includes the basic agree- ment, with the exception of the parking garage management and construciton agreement, which is well under way and will be presented to you once that final negotiation takes place between off-street parking and the Rouse Company. The pro- ject entails, Mr. Mayor, and members of the Commission, ap- proximately 200,000 square feet of new retail space as well as the mimimal of 1,200 parking spaces. We envision that once the project is complete, it will create 1,000 permanent jobs in addition to the construction jobs which will occur during the eighteen month construciton period. Cost of the project is $93,000,000 and we expect that the completion date will be October 31, 1986. The terms of the agreement, which is in your summary, and we have a chart here before you, is that the lease period will be 45 years with two 15 year options. The return to the City will be explained in detail by Mr. David Weaver, but we feel that the return that is proposed is better than the returns that were proposed in the Rouse Company, which is a credit to not only to the ne- gotiating team, but also to Rouse themselve. We have pro- vided in the lease terms, Mr. Mayor, a provision where Rouse will take over the leaseable space at Noguchi Park right un- der the Light Tower. Mayor Ferre: There is no such thing as Noguchi Park. It is Bayfront Park. I mean, I am sorry, Howard, but it is becom- ing, you know... Mr. Gary: That's fine. Bayfront Park. I have been brain- washed by D.B.A., Mr. Mayor, forgive mel Mayor Ferre: Yes, well, I haven't and it is not Noguchi Park. It is called Bayfront Park. s 1d 14 5/24/84 Mr. teary:: i will remind theta the next time .they tell mes Okay. An annual payment to the city through, a Iain0tity foundation Of $100,000, or ig8 of net cash available; a 1%Y- Mont to the City of 3.65 million dollars, of Which 2.0 will be for the purchase of the rights to the Restaurant Assoei- ates, as well as $10000,000 cash contribution to Bayfront Park. As 1 stated earlier, completion date, October 31, 1986. The agreement also provides for a non -complete clause for the first seven and one --half years, whereby Bayside will only exist in Miami, and will not exist in any other place in Dade County or Broward County. There is provision to provide for the continuation of the Grand Prix; there is also a provision to provide for one-half of one percent of the construction funds for art in public places which will be palced in Bayside, or adjacent to the park. We also, Mr. Mayor, are providing for the city's $4,000,000 infra- structure and if you recall, when we submitted the R.F.P., we agreed to put in $8,000,000 in the infrastructure. How- ever, one of the things that made us select Rouse is that they decided to pick up $4, 000, 000 of that $8, 000, 000. The other provision is the revision of a parking structure which is now being worked out between the off -Street Parking and the Rouse Company. We envision that that agreement will be done within a very short period of time. There is also a provision, Mr. Mayor, that will allow us to allow us to ap- ply for a UDAG grant and we are looking for that grant to assist us in honoring our commitment with regard the im- provements to Bayfront Park pursuant to the' Noguchi Plan. At this particular point in time, I would like for Mr. David Weaver, who has, and I am going to personally say, devoted at least eight months, matter of fact, probably a year of his time, many of which has been on a full time basis, util- izing resources of his staff, going up to New York, going up to Washington, assisting the City without any compensation, to insure that we negotiate the best deal possible, and I would like to recognize Dave, not only to explain this, but also to thank him for his services. Mr. Dawkins: Mr. Gary, before Mr. Weaver starts, where is the Exhibit "I"? Mr. Gary: The Exhibit "I", Commissioner, is not here. We are in the process of preparing that. Before we begin... Mr. Dawkins: Why isn't it here, and how do you give me a package, and you don't have nothing written to say it is not here, and now you tell me it is not prepared, but you are going to get it prepared. When will I get it, or tell me what you are saying, please, sir. Mr. Gary: First of all, Commissioner Dawkins, the minority plan is a provision within this document which they have committed themselves to and it is in their proposal. The details of that plan has to be worked out, and if you will recall, that plan also requires that a board be set up to identify what is to be done. That board will be made up of appointees by the City Commission. So basically, Commis- sioner Dawkins, the program, the minority program will be decided by that board in conjunction with the Rouse Company and that board will consist of members appointed by the Com- mission. Before Mr. Weaver begins, I would like to just i- dentify what you have in your packet. The first is a summa- ry of the lease agreement along with the resolution dated May 18th from me to you. that was part of the agenda pack- et. The second is a letter from Mike Spear, and I think it is important, first of all, to let you know that Mike Spear's father just died yesterday and that even compounded his problem, but in this letter he states that he is not able to be here -he would love to be here and in his place he has sent Vice -President Jim Dausch, who is very able in { ld 15 5/24/84 t to reeebht hilt, sYli �eeiu�ly .�y. : YOU' ire ng your �r}� =AJ Uri iF�Cr yr�ovi+��w yy aW p��la`rcn Wlpo�$1 t: til �� u ''ai. -`�i. k Mr. pluftega -Question. Mr. Gary: Yee. Mr• plttner3 Is the representive, Jim Dau60h..... Mr, Gary: Yes, he is here. Would you please stand? Mr. Plummer: Are you in a capacity to speak and bind upon the company? Okay. Mr, Garys Second, Mr. Mayor, is the revised lease agreement for Bayside; which we submitted to you. The second letter is addressed to the Mayor and Commission with regards to their commitment to continue the Grand Prix and it also has the design on the route of the Grand Prix. The second is a memo where we ask people to - we have asked companies to bid on the appraisal of the agreement that we have before you. The third letter is a letter from Coopers and Lybrand in your package, which Mr. Weaver will explain to you Mayor Ferre: It was passed out separately. Mr. Plummer: Today? Mr. Gary: It was passed out separately, this morning. There is also included in your packet a projection of the revenues that will come to the City as a result of this lease over a 35 year period for your deliberation which Mr. Weaver will also discuss with you. Now I would like Mr. Weaver to make a few comments. Mr. David Weaver: Mr. Mayor and Commissioners, Ladies and Gentlemen, good morning. For the record, my name is David Weaver. I maintain an office at 800 Brickell Avenue, Miami. I am here as a member of the City Manager's committee to ne- gotiate a lease agreement with the Rouse Company of Columbi- a, Maryland. Mr. Manager, is it correct that the City em- ployees have the right of appeal to the City Commission? This is the first that I have heard that I am not being com- pensated. Mr. Gary: No appeal. Mr. Weaver: I was told that I was on a dollar a year fee. Mr. Gary: You have earned 10£. Mr. Weaver: I've been accused of being over -paid. Mr. Plummer: So true. Mr. Weaver: Thank you, Mr. Plummer. The Manager's commit- tee was comprised of a blue ribbon group comprised of Attor- ney Jim Beasley, Developer David Blumberg, Special Miami As- sistant John Gilchrist, Accountant Ike Ioconis, Retail Consultant Herbert Leeds, City Attorney Miriam Maer, Attor- ney John Pearson, City Attorney Robert Sechen, as well as Manager Gary and myself. The committee organized itself in two principal groups. The first focused on negotiating the terms of the lease with the Rouse Company, while the second played devil's advocate and acted as evaluators of the work product, as it is produced. In this manner, it became pos- sible to minimize the risk of missing the forest for the trees. The Rouse Company for its part organized two teams i ld 16 5/24/84 of negotiators. The financial deal was negotiated.by SxeCU—. tive Vice-president Michael Spear. All ojthet terms of the agreement were negotiated by house Vice-president Jim ,Dauac- he. who is here today# and he was very ably assisted by a phalanx of very experienced attorneys. I would like to bay that the watch word of these negotiations was commitment. Commitment to succeed in producing a product that would be professionally crafted, adequately representive of the invest of both parties, and which would allow this most important project to move rapidly from the talking stage into creative planning and then the actual pouring of con- crete. Before I proceed, I would like to just say one thing about the kind of support which has existed at the City Ad- ministration level, the City Attorney's level - we have had what I think is a unique experience here of a totally com- mitted City management, City Attorney's office and the pri- vate sector working together to try to come with something that is going to benefit this community and I certainly ap- plaud the City Manager. I applaud the City Attorney, I ap- plaud the Mayor and the Commissioners for this unified ef- fort to try to get something on the books and working so that we can do something for downtown. Manager Gary sets the tone and Vice -President Spear and Dausch backed him up. No one was free to go home until this agreement had been settled, until language was drafted and redrafted, until a certain number of issues had been addressed. This was the most intensive, time consuming and productive forced to march meeting of the mind in which I have ever been privi- leged to participate. Personalities something grated, right, Jim? But, the Manager wouldn't even allow us to stay mad. The product you have before us is the best job we know how to do. It has been evaluated by attorneys, by Big Eight accountants, by retail consultants, and by active hands re- tail developers. We think that it is a product that you will be proud of and one which will bear the burden of pub- lic scrutiny over time. You have before you a detailed sum- mary of this agreement, as well as the agreement itself. You have all studied the document and you know its contents, so I am not going to bore you with another litany of de- tails. Let me instead home in on the philosophy of this comtract. What we have here is an institutional agreement, not with one institution, but between three institutions. Institution one is the City. The City provides the land, and it provides some of the infrastructure. Institution two, the Rouse Company, provides the development, the man- agement expertise, and some of the money. Institution three, that nobody has been talking about yet, is the lend- er. The lender provides the capital to build this product, and exercises the financial control to make certain that its investment, and by extension, that of the City, are ade- quately protected. Let me expand on this concept. The ac- counting principals of this lease are classic. All revenues from all sources are set against all reasonable and normal expenditures for a waterfront center of this kind. That is in quotes. After netting these revenues and expenses, the new remaining institutional partners, you, the City, and the lender, stand with their arms linked and their hands open - the lender and the City to get their respective minimum pay- ments; the lender to get his debt service and the City to get its minimum rent. our interest, and those of the lender are identical. There is no seasonal lender in the world who would not attempt to carefully protect his interests by scrutinizing in minute detail the types or expenses that could effect its profits and the recouping of its invest- ments. I know that some of you have been concerned that un- der this agreement the City does not get paid a percentage of gross income and that we would have inadquate means of controlling Rouse's expenses. This lease to the net lease. In this context, this means that the City doesn't get its share of profits until expenses have been paid. That means id 17 5/24/84 0 obviously that we are going to have to -PAY Attontiott 'tO seg, ljowavet# we submit that theta are mot6,-thaft these oxpoh that AoUsd,s g1peftses will be real" enough controls to insure sonable and normal and again I quote# because tbObb &to 60- erative terms in this doeumtht, Those Controls are - Numbot one# the londoro the City, and the accountants Of all three parties. including Rouse's accountants are watching And watching very carefully. Two* and this is a critic" Point that we tried to raise at the level of the review committee- q5% of all the permitted expenses are passed on to the ten- ants in the specialty center. Can you imagine anybody more interested in controlling Rouse's expenses than he gsthat are going to have to Pay for t#* and inactsince almost all of the expenses of the specialty centers as passed to the tenants, the only difference between gross in- come is that there are a few expenses, &P- come and net inc absorbed by the project* The Re- view committee is positive proximately 5%# that are that the difference between gross income and net income was almost negligible. We can contend that a net lease under these circumstances is almost as safe as having a percentage of the gross, and that that almost, or the risk component is handsomely compensated for by the City getting a much higher percentage of the final profit. That is the reward component. if you are going to risk, you can expect higher returns. Third, we have the right, under this lease to audit the developer's books on ten day's no- tice if we see something we don't like, and finally, we have the right to enter into binding arbitration to determine whether these expenses are in fact, (again, I quote) reason- able and normal, or not, but the biggest control doesn't have anything to do with these built in provisions. The biggest control is the fact that we are not dealing with just any fly by night company here. We are dealing with the Rouse Company, a public company, a reputable company, a com- pany that is nationally in the public eye. The Rouse Compa- ny has been successful Precisely because it is an institu- tion, and because it is trusted by institutions nationwide. The Rouse Company is just as sensitive about its image as the City of Miami is about its image. Rouse cannot afford bad publicity anymore than we can. The Rouse Company banks on its credibility and that credibility has been built in the public sector during just the kinds of deals that you itself are evaluating today. Let me move on to the deal We think the City has gotten an excellent deal here from financial point of view. Not only do we get an attractive minimum rent, far greater, by the way than was offered by either of the proposers in their original proposal, but we have got a very significant share of the profits. For every dollar of profit, we get 35L. Every dollar of profit, we get 35L, after the City is paid its rent, after all the tax- es are paid to the city, after the lender gets his joint venture share, and after the developer gets a nominal return of 10% on its cash equity investment in the deal. This com- bination of fixed rent, plus the overage, equates to an average of about 12% return on gross income; 12% return on gross income over the course of the lease. it implies a cash return averaging over 30% on the developed acreage in the park and a total sum in the many millions of dollars. That is not the whole story. Unlike some other cities, where the rent takes the place of taxes, Rouse has agreed to pay all public charges, and specifically, ad valorem taxes; all license fees, and all utility fees and taxes, both for power and telephone. These taxes are worth alone the same amount as the rent deal, and on top of this, the Rouse Com- pany doesn't come to the table just bearing promises. These people bring 2.65 million dollars worth of cash to buy out Restaurant Associates, in Reflections, they bring a million dollars in cash payment to build the Nogucbi design, the Bayfront Park (That was a change at the last minutes Mr. Mayor). They agreed to start paying their fixed rent on a id is 5/24/84 fired date. They pay one-half of 1t of constiruction:fuhde to provide art in public places and they pay an additional $100#000 a year► or 10% of profits to fund a Minority d+wei- sp ent foundationr which will provide assistance to th"i- nority community of Miami and bade County. That# Mr. We�art and Commissioners is ,the real crux of this issue dealing here with people who have negotiated in good faith to bring real money to the table and who are willing to be real partners with us and to share a significant piece note Of the pie with. Perhaps most important, they p they covenanted not to go away, not to sell► or otherwise transfer this project until it has had a fair chance to be successful. We have given you financial projections to ogshow the real economic potential of this project. We iven you the evaluation of Coopers and Lybrand, which I apologize you haven't had a chance to read it, since you didn't get until last night, but it says it should be "noted" that the returns from the new proposal would become increasingly fa- vorable after the first 15 years as the percent of net cash flow becomes increasing more important. The new proposal presents the City with an option that appear ignificanboth tin better than either of the two original proposals,, terms of maximizing overall returns, and in minimizing risks. That is," maximizing the guarantee return compo- nent". We are getting the best of both worlds here. We are getting a guaranteed return, and we are getting a big share of the profits. This is a project, and I am not going to try to kid anybody. These are numbers and we can project numbers all day long. This is a project that may not live up to its fantastic and impressive numbers, but this is also (here is my key point) this is also a deal in which the de- veloper doesn't get rich unless the City does too, and that is the kind of partner I like. Finally, we have attempted to evaluate just how good this deal is, compared to oEach Rouse cities, such as Boston, New York and Baltimore. city has its own formula. The four factors come out loud and clear. First, Miami is putting less money into this deal than any other of those cities. second, the City has assumed about the same maintenance responsibility as in New York, less than in Baltimore, and more than in Boston where the deal is a complete to the Rouse Company. Third, both Miami and Baltimore get full tax payments, while New York gets no taxes and Boston gets only taxes in lieu fofett 1. Fourth, the Miami rent deal combined with payment is significantly better than in Baltimore and at least com- parable with New York's rental formula. In summary, while we may not be inventing any new games here, Miami is holding its own against the competition. We don't need to be embar- rassed by this contract, because we are doing just here. Miami needs Bayside, Gentlemen. We have the right developer and operator. We have the right deal and the pas- sage of time doesn't make this deal any more viable or any less expensive. Interest rates are going up. We urge you to evaluate and approve this agreement today, and we are at your disposal in an attempt to explain this agreement to you in any degree of detail you wish. The Rouse Company Board of Directors is meeting right now. They are evaluating this � project• think lease. Pleasee Spear has assured us that they the same are approve Thank you. Mayor Ferre: Mr. Weaver, let me, on the record, on behalf of the Commission, thank you personally, and your committee, but I think a very special thanks must go to you for the tremendous amount of effort, time, involvement, concern, sometime despair, but you could always calm down and come back to the reality of the situation. I wish to tell you that I have never seen a public private process work as efficiently as this ones d 'of nd a ourseeat deal of this to your committee recog- nition must go to you ld 19 5/24/84 also with to corm ohd the Manager I have been in public life since the late 601a and I have had the pleasure Of serving with Mel iteese, Paul Andrews, Vosmoens you aria the fifth. I would say, 6.1 thought after doe Grassie,.that it would bevery difficult to ever have another manager who had the grasp of the business world as well as Joe Grassie dick, but I was wrong, and I want to just tell you publicly that this City is indeed fortunate to have someone that has the understanding of the business world and of contract of the complicated process. I don't think we would have arrived at this without your involvement. I understand that in the final process of negotiation, that got you away from your phone and they had to lock you up and you really performed like a pro, and I just want to tell you that _all of us are proud of your involvement. I want to... Mr. plummers Mr. Mayor, I move a motion we approve the e- valuation of Mr. Gary at this time! (LAUGHTER) Mayor Ferrel I think it is important also to commend staff, Mr. Manager. You know, there was a time when you had some misgivings, for example, on John Gilchrist. You know, I want to tell you, John Gilchrist has been a quiet, but a very persistent and a very loyal individual. I am talking loyal to the City, which is where his loyalty has to be and I think he has been a man whose participation in his quiet way has been been very consistent. it isn't just in this project, but in many other projects where he as shown a pattern of sensitivity, understanding of the design element, understanding of the developer's needs, but always protect- ing the interest of the people of Miami and I just want to say how proud I am not only of you, but of staff, all of the staff. I have read this contract and I am ready to vote for it. I think it is a magnificent achievement. I am very proud of what has been accomplished here. I do think that this is important for Mike Spear and the people of Rouse and Mr. Debido and others. To understand what kind of city we live in...I am not in any way belittling Boston or Balti- more, or New York, or other of the cities that Rouse has and is involved or will be involved in, but I think it is impor- tant that we have achieved something where the Rouse Company is going to be very pleased, and I think they will be, and where at the same time, Miami is going to be very pleased. The best kind of deals are always the deals where both sides feel that they really have got one hell of a good contract and that is not an easy thing to achieve. I think you have achieved it this time, and I think it is a major achieve- ment. I would like to lastly say, and then I think we are going to get into some questions, that, as I am sure that some of you, or maybe most of you know, this all began when I had the good fortune of being invited by Kevin White to the inauguration of the Fenneuil Hall project in Boston. It must be six or seven years ago. I had been mayor oh, maybe two or three years and frankly, I was in the New York area anyway, so I figured I would go up and see what this is all about, and when I saw it, I was really shocked. I did not understand. When I saw the tremendous implications of this and after inauguration of Governor Decacas and Kevin White, Mr. Rouse and I and our wives were sitting having a drink and discussing all of this and I said to Mr. Rouse, I tell you, I don't know whether it will be you or somebody else, but I promise you that within ten years, the City of Miami will inaugurate an accomplishment just like this. Now, we sat down, and I want to recognize at this point, even though he is not here, Roy Kenzie and I sat down and we discussed... Mr. Manager, you were not Manager at that time. I think Joe Grassie was the Manager, but I sat down with Roy and I said Roy, we have got to get this Fenneuil Hall into Miami and it was Roy and I sitting down going over this who came up with the idea that the best place was around Miama- ld 20 5/24/84 2 rina and I think it is important to recognize the origins of these things, because you know, people who forget about thOm as they go along, but this is how that location was chosen t My only concern was Noguchi, because he was subsequently de signing the park,. and I when I first talked to Noguchi about it, he was totally against it. He said "Absolutely not, it will ruin the park and it is a terrible thing to do and it shouldn't be there." When Noguchi first started working a- bout four, five years ago on the design, he came down here and he gave no reception to Miamarina and right there on a napkin he started drawing out, and finally he said "Well, maybe it is not a bad idea to keeit low silhouette and it goes in this direction and not infp o the park itself" and we stepped out on the terrace and I said "Mr. Noguchi, this is the best thing that could happen to the amphitheatre that we want to do because it ties in and it will draw people be- cause you see, parks are fine, but you need to have commer- cial activity because that is what really revitalizes down- town." That is the last thing that I wanted to say about Mr. Jim Rouse. When we met again about it and he recently he came down here on a totally different matter, Mr. Rouse told me, which I remember his words very, very clearly from the Boston days. He said ... and I hate to say this, but I think the more I think of it Howard, the more truth there is in it. "Downtowns really don't come alive because of hous- ing." That is a misapprehension that I have had a long time. It is important; housing is important, but downtowns come alive because of people and it is the activities of hu- man beings in contact with each other, on the street, walk- ing, busy, involved and participating. That is what makes America's downtowns come alive, and there is nothing better than to make a downtown come alive than commercial ctivi ties, and so therefore, I think this is a happy Miller and Dawkins and Demetrio Perez and you and I, three, almost four years ago flew up to Baltimore along with Roy Kenzie, and I think John, you were there - no you were not there. Roy went, I forget who all went. Jim Reid, Howard Gary, David Weaver from the private sector; Roy Kenzie from the D.D.A.; Miller, Demetrio and myself spent, I remember - we must have spent three or four days in Baltimore and Bos- ton, and I think it was really there that this all came into fairly good focus. In hindsight, looking back over this from the very first day that this began, I cannot think of one single thing that has gone wrong or one single thing that didn't work out. It took a long time and there are a lot of heros in this story, but I just want to say to all of the participants, those from the beginning and those later on and those in the final stages, that this has really been one of the best ... oh, I am sorry, there is one thing I for- got! Mr. Garcia -Pedrosa and George Knox and I think it is important that we say this into the record. As you remem- ber, because of the lawsuit that we had on Watson Island, we lost one of the 17 accusations. We one 16, we lost one. The one that we lost dealt with a unified development proc- ess. in other words, in the old charter, the city of Miami could only bid on projects on a separate basis. Engineering has to be separate, construction had to be separate. De- sign, management were all separate contracts and each one had to be bid separately. It was a good system because of the competitive process to open competitive bidding, but it is an archaic system. other governments had the ability not to do that. Boston has so much power. the Mayor of Boston and the development authority there have so much power that they can do anything. They don't have to report to anybody. They can just do things, but we don't operate that way in Florida because of our Sunshine Laws and because of our oth- er laws, so it was a very difficult thing for us to overcome .that limitation. George Knox began the process, but it re- ally in fairness, was Jose Garcia -Pedrosa who with a tremen- dous of skill, I think, and with the help of Dan Paul - we ld 21 5/24/84 All n have got to recognize ban Paul's participation. MB wall not this but Garcia-PadrOsar the ae est guy to deal with on deal of patient Oute and it was with a great 1ehaid�ctidimetit, but 3t was onereally not only an exemplary g with all duo that was convincing# and I am going to tell you of those people in the ti _ respects to the Miami. Herald - some first class cynics and to overcome editorial department are it an actual resistance of two or three the resistance, was of those perfected cynics in the He was in itself an a we the i _ chievement. I frankly could not believe that got I talking about.. -these Herald's editorial endorsement. am days. Today it would be easier to be- were John McMullen in those days to get something a John McMullen 4_ lieve, but dominated Miami Herald editorial board was an achievement be here today all by itself, and I now I think we wouldn't for thatand !astly* on Ii of if it hadn't been want I think the vote of Miamiwho passed.tl• and - thanks, to tell you and I know, I am an expert - it is not easy too the Charter. convince the voters of Miami to change they did accept us and did not an easy thing, and yet, change it. There were some tough moments in the negotiation Paul insisted on back there and I say Dan Paul because Dan to waiver on and yet, and I know some things that we began is that they may plague us yet, but I think there potential we served the community well on that so it has really been a wrote, in happy experience. The Miami Herald this morning unfair and a very undeserved editorial. my opinion, a very it really stinks! I can't put it any other way and I think I they wrote an editorial. ..,people who wrote the editorial cynical machine of the Miami am sure are part of the old Herald and these people are still there, but you know, those that there is cynics just simply do not want to understand fiduciary responsibility with government, because we are a acting for and on behalf of the people of Miami, and I know democratic — that those people do not like the Jeffersonian have everything done by commit- _ process. They would rather by citizens and make it an adjunct to the both tees appointed — Chamber of Commerce, but you know, you can't have it democratic society and the democratic ways and we live in a society elect governments and we are the elected body of have a right, whether this City and these politicians here J. L. Plummer or it be Miller Dawkins, Demetrio Perez, or have a fiduciary right to ask ques- myself or Joe Carollo, have a fiduciary responsibility to become in- tions. We volved because it does not matter how brilliant the negotia- I told Mr. tions were or sincere my intentions were when to have a Rouse Rouse seven years ago that were were going in Bayfront Park. What is important is that in the project long run, the buck stops right here, and so, I think it is a to in any way i very unfair categorization of the process this board are political in imply that any questions by that this is political meandering or pandering to nature and ! political interests to ask questions that may inspect delays intention that it to theprocess beyond today. It is not my you cannot deny this governmental _I be delayed, but certainly body its rightful the tovquesd With that Ioopenbecome it finalrole in making h decision. tions and Art do you want to... Mr. Plummer: Mr. Mayor, let me back track for one minute. the record. When I said that I want to make a correction on overpaid, I stand by that announcement. I David Weaver was It is think where it has been offset is in fringe benefits. a i not often that a man gets to eat hamburgers four times his fringe benefits day, sleepless nights and ulcers, so have been great! Mr. Gary: Mr. Mayor and members of the Commission, at this people to make brief time I would like to ask three other comments regarding the proposed lease agreement. Mr. Mc. 5/24/84 ld 22 �j Wolfe; Southeast Sank president► and tybrand and then finally# Mr. of the Rouse Company• Me. Sharon Brown of Coopers diva nauseh► 'Vice-pre.sidnnt, Mr. Alexander 'Wolfe: Mr. Mayor, Commissionera, Good Morn ing• i would like to speak as Chairman he Greater MiamifChataberthe e of Cosa World Center Action Committee of t merce in behalf of the GreaterMnamif Chamberfiht readCommerce,, merce- Some of .our members are of Commerce. lution adopted by "Whereas the ofeMiamiihasion beenf thethe mostntown area important of the City its international repu- tation in establishing as the new world center; and whereas this growth is largely attributed to private al from private firms demonstrating their faith in the growing economic future of Miami; and whereas the single most important missing component of the downtown area is its ability to attract residents, visitors and tourists to day and night time lei- sure, cultural and recreational activities; and whereas within the City of Miami is one of the most outstanding waterfront areas in the world, which could be soundly developed for these goals while providing thousands of temporary and perma- nent jobs and producing substantial revenues for the City, therefore be it resolved that the great- er Miami Chamber of Commerce supports the City of Miami's immediate approval of the long term agree- ment for the development of Baysid withthe sfulna- tionally known Rouse Company expe- rience with on waterfront projects in Baltimore, Boston and New York." Thank you, Mr. Mayor and Commissioners. Mayor Ferre: Thank you, Mr. Wolfe, for the Chamber's very, hat very important participation. record, I thatdtheke t sayMiamiso thas we remember this on the always depended upon the Chamber on important development Commerce of Greater Miami for its stamp of approval projects that impact on the economic well-being of this com- munity and we are great grateful for the Chamber's continued interest and participation. Sharon? Ms. Sharon Browns Sharon Brown, partner with Coopers and Lybrand, 2900 Amerifirst Building. s hired under know, As you contract for and Lybrand was involved initially, the City to review the financial proposal of the initial two proposers involved in the Bayside Project and our repporrts were issued in essence in favor of the Rouse Company p P os- al and this city subsequent to the negotiation and through- out the negotiation of the contract you have anotherdetailedyouwen through the process of coming up anal- ysis with of this particular proposal and I am sure that will be discussed with you. David Weaver requests that we independ- ently take this new language and run through the com- puter model, which we have developed originally and to see how this negotiated contract compared with the initial pro- posal and I think as Mr. Weaver read right from the letter, I would only address it again and say in the first paragraph of the letter we say it appears that the new formula pro- vides the City with returns greater than those offered in the original Rouse Plan al ,itousewhile Plan "A" retaining which twerehe low the isk features of the original Pointed out with respect to the items that we had originally p original proposal and then again► our conclusion, in running through this new proposal. The new proposal presents the City with an option that appears significantly better than ld 23 5/24/84 r. it t either € f the two original praposals, both in terms of lftayt sizing th*7 overall returns, and minimising the rL*ksr that is # by maximising the guaranteed returns. I will ,1st ava.e�► Yale for any questions that you might have. thank yous Mayor Ferret All right. Mr. Gary: Mr. Dausch, Mice -president of the Rouse, Company# tough negotiator. Mayor Ferret He is a touch negotiator? Mr. Jim Dausch: Only physical modesty prevents me from showing you the scars from dealing with Mr. Gary, Mr. May- or, Mr. Vice -mayor and members of the Commission• Good Morn- ing* my name is Jim Dausch, I am a Vice -President of the Rouse Company. Our headquarters are in Columbia, Maryland, and we look forward to the time when we can say that we have an office in Bayside in downtown Miami. I would like to thank the Chamber and Mr. Wolfe for their support this morn- ing and I would also like to point out to you, Mr. Mayor, that your visit to Fenneuil Hall Market Place was in the year 1978 and if we can all work very hard and keep to the schedule that is in the lease agreement, we ought to be able to beat that 10 year schedule by two years. One often hears the phrase, talk is cheap", but not so here. In the process of negotiating the retail center lease that is before you this morning, and which is also being presented to the Board of Directors of the Rouse Company this morning, both sides realize that their best interests would be ad- vanced by short serious discussions leading to prompt agree- ment rather than by extended bargaining for mainly marginal or technical advantages which were uncertain of achievement. Why the lease first? Well, the lease incorporates the main economic terms of the retail center arrangements between the City and the developer and getting it finished and approved first allows us the comfort that we need to immediately go forward with intensive design work so that we can keep to the schedule. it gives us a document which we can take right away to financial institutions to tie down the financ- ing commitment while at the same time, the parking agree- ments, the minority program to incorporate the commitments that we made in writing in our proposal will go forward as well. There is a hard realism to underpin this approach. For our company, every month in which we can gain on our schedule, or every month of delay which we avoid means a month of earnings which we achieve and an additional month of construction interests and related costs that we don't have to carry to the City and to its people whose early year returns from Bayside will far exceed our own, the benefit of moving swiftly are even more dramatic. You have been pre- sented by Mr. Weaver and by Mr. Gary analyses of the first year and later returns to the City for rent, real estate taxes and fees, off-street parking profits. If you add them up and divide by 12, you will get a general idea of the financial benefits of the City for each month of the opening of Bayside can expedited and on the other side, the loss for each month in which it is delayed. The benefits to the working people of this City who will get most of the perma- nent jobs at the project are equally dramatic. One month's advance in Bayside's opening is worth easily $1,000,000 in wages to these people and again these wages would be lost by a one month delay. Then there are the spin off benefits in terms of orders for supplies, materials, inventory, advertising, etc., most of which will be placed with local companies by Bayside's developer and merchants and again, which can be expedited if its development is expedited, and finally, expedition benefits other downtown businesses, especially the hotels and retailers who would also expect to capture business and trade from those people who will come ld 24 5/24/84 downtown to visit Myside; and some of whom dart be 62otad to atop elsewhere downtown to shop, eat, or spend the night. Let me say on the record, after some discussion this morning with our fellow merchants in downtown that we intend to start working right away to work with them in the City, to plan for, and find ways to fund a downtown transportation system, a tram of some kind that would link the various areas of downtown, the central business district retailers, Bayside, Omni, the port, the hotels, in an integrated way that would be ready at least by the time that Bayside opens, so that everyone will have a chance to benefit from the increased traffic that is coming downtown as a result of the project. Thus, for all of us, our company for the City, prompt agreement, promptly ratified, followed by an expedi- tious design and construction process and leading toward an early opening of Bayside is critical, both to the City and to us. Your negotiators and ours had recognized this real- ity and the document before you also recognizes it. It places great importance and emphasis on milestone dates, schedules, and the meeting of those dates, once the deal is done. It now falls to you and to our board to ratify the agreement if in the exercise of the judgment, which the people of Miami had confided to you and the judgment which our shareholders had reposed in our directors, you can do so. Having been closely involved in the document's creation and representing the developer, it should clearly be diffi- cult for me to render an unbiased opinion concerning the question whether or not the documents represents a good deal for the City of Miami. I shall do so anyway. I think that the document is a fair and workable one. It was achieved on the City's 3ide through several months of research into the Rouse's company's business arrangement to other cities and attempt to understand how those arrangements work well or ill in practice and the selection of the better element of those several deals for incorporation into this document covering Bayside. It was achieved on both sides through a concentrated period of tough and business -like bargaining in which both sides gave and got equally. The arrangements reflected in the documents before you have a number of aspects which, as Mr. Weaver has explained are better for the City than the deal reflected in our proposal, especially in the area of rent. It has some aspects which are unprece- dented for us, such as the restrictions on our right to transfer our interest in the project, develop similar projects elsewhere in Dade or Broward County. We have agreed to these aspects in the deal, even though they are unprecedented, only because the deal is structured in a way in which each side, the City and the developer ultimate- ly does well, only if the other side succeeds too. This Commission, the City of Miami, these people owe their thanks to Mr. Gary, the Manager, Mr. Weaver and the City's entire negotiating team of keeping the City's best interest always before them and preserving those interests throughout the negotiation. They have represented you with professional- ism, with vigor, with fairness, with scrupulous honesty and Mr. Gary will pardon me for saying so, with style and tenace which is in my experience, unique. it also bears saying that Mr. Weaver brews the foulest tasting coffee on the face of God's earth and that also contributed to expediting this process. Their performance, and our joint approach have produced a sound agreement in really record time. It is an approach, however, which must continue in the parking negotiations to come, in the plan review throughout the construction process, if Bayside is to open on the ambitious schedule, which we, that is the City and the developer have set for ourselves. I can assure you that all of us at the Rouse Company will do our dead level best to give this City the best possible Bayside in the shortest possible time. We stand, or fall, together. Thanks very much. ld J2' 5/24/84 Mayor ` Porte i Mr. Manager, are there any otherpeel entations before We open it up for ' questions? Mr . Chary s Not Mr- Mayor . Mayor Forres All right, now we open it to questions from members of the Commission. Mr. Plummer: Mr. Dausch, sir, I have one main problem from the vary beginning. Your ambitious schedule that you con- tinuously talk about, I think most people recdgdiZe that Halloween is a night of terror. May I ask how ou came a- bout your opening day on as night of terror, ctober terror and1986? Is there any significance between a night of tor and the opening of Rouse? Mr. Gary% if we can open October 31st, we will be ..•••••• you know. Mr. Plummer: Mr. Mayor, I've got quite a few questions that I would... first of all, of course, I am concerned in the area that this Commission today does not have the total and full package. Many of the exhibits, for example, are not here and I think it is kind of unfair to us to ask us to ap- prove a document as encompassing as this for a period of 45 years predicated on the fact that we don't have all of the documents before us, because, as we read phis document, there are a number of areas of default, which could come a- bout, if in fact, other pieces of these do not fall into place, it e., the parking structure. The other great fault that I am concerned about, is if the City does, in fact, ap- ply for a UDAG grant and does not receive such, where is the City? That is the kind of basic questions that I have. First, let me state for the record, I want it to be under- stood that I am grateful to all parties concerned. I am and will continue to be a backer of a Bayside project in Bayfront Park, and any questions that I might raise here to- day are not opposed to the project, but to a contract which I feel is my responsibility to do for this City the best that I was elected to do, so let's don't have any misun- derstandings, I am totally in favor of the project, I want the project to proceed, but I also want to do it with the comfort that this City is well protected, okay? Mr. Gary, I indicated to you and to Mr. Weaver and in a number of con- versations. At least we have a disagreement, but I am going to put on the record I am very concerned that this document is before us today where it is demanded by City Charter that two appraisals must be made prior to, to assure the City that they are getting a fair return on their value. It up- sets me that those appraisals have not been done. I find it difficult to negotiate numbers as been negotiated here without knowing the base from which you worked. We are talking about the possibility of 16 acres, as I am seeing here in this document. Mr. Weaver indicated that there were possibly 12. I don't know exactly - we don't have those ex- hibits, so I don't know how we can be expected to under- stand. Mr. Gary: Can we respond to that as we go along? Mr. Plummer: if you wish, sir. Sure. Mr. Gary: In your package, the memo from Donald Stewart to Johnny Gilchrist dated May 22, 1984, which has attached to that memo a letter. Basically, it requests proposals from a number of appraisal companies to appraise the deal that we have struck to determine whether or not the City of Miami is getting a fair return. If you will recall, we are required to have an appraisal before we sign the lease, and that ap- praisal must determine whether or not the deal that we have Id 26 5/24/84 »a Negotiated is a fair return for the City. , our: posture this, we will ai1� tt if .this city com�aission approve to appraise it and before it is signed, end it i appraisers is not a fair return, obviously we have to Cie back to, You is signed. You o�hive If it is a fair return, the agreement appraisal, Commissioner plummere unless you have41 have an something for somebody to appraise and that is why the apW deal is before the Conic- praisal comes after the proposed ; a lion. Mr. Plummer: Mr. Cary, I understand and accept what you say that that appraisal must • provisions - Number one, with two p approval. I think it is Commission for come back to this or not this Commission's determination as whether is epos fair. Second of all, I think that when language I think it is the value of the ken to as to a fair return fact,this what, greatly predicated upon factor, because that is a great determining land. I think the land is worth "X" number of dollars, and as you see here of the dif- in the letters which you have sent out to some they are in fact, basically real ferent appraisal companies, I think the appraisal as to the deal ne- estate appraisers. the numbers are conore in the area of a cernedLy- gotiated back and forth is mas brand or in auditors as far to of the concerns that I have. but that is one Mr. Gary: If I may, Commissioner Plummer,, especially on that section of the that issue. I would like to cite to you E,F,3.i. Charter, Section 3, Subsection _ "The City shall lease to or contract with private or disposing of property firms which are acquiring The City shall lease to or contract - or services. with private firms or persons for the Commercial City's waterfront use or Management of any of the only on condition that (a) the terms properties, said contract allows reasonable public access of to the water, reasonable public use of such prop- Charter waterfront erty, and comply with other view corridor requirements and (b) setbacks and the terms of said contract result in a fair return appraisals to the City, based on two independent that under then existing master and the uses of plan of the City of Miami." Mr. Gary: So it is based on a review of the contract. Mr. Plummer: Mr. Gary, I don't disagree with thatt What I disagree with is how you can you put those numbers together without in knowing the value of the real estate that the is in- volved, okay? That is all part and parcel re view. Now, to me, I don't know how else you come about it. I can be comfortable with the fact, if that appraisal comes back to this City Commission for approval, okay? I think that is very key that this Commission has the final word, that's the way it always is. Mr. Weaver: Commissioner, can I make a comment here? Mr. Plummer: Sure. Mr. Weaver: There are two issues here that I think should be raised. one is the fact that this document is being presented to you for your approval, subject to being able to approve all ancillary documents which are necessary to overall complete the lease and our reason for doing that is simply that we have to, before proceeding to negotiate all the ancillary aspects, we have to have your approval to know that this is a deal which you are going to be able to live with. That is point number one. The second point is that ld 27 5/24/84 M , the c&iftvs iitatte Of appraisal of park lafid is fl veryt V' gryi ampl6k oft 0ia &F: is you and l bave discussed, Aid' % iea'dir into► the � queatiofi; of +t' eradtly is being leased, and ift' are 44 ,easing that aftunt of land. The feet of the utter i' that in this prOJ60t, this Rouse . Company pursuant' `to th ' request for proposals, is limited to building on 2.06 at, area The decision of the negotiating committee and the City Manager... INAUDIBLE aACKGROUND COMMENT Mr. Weaver: in the park area, Correct, and the parking �� rage will take up approximately another two acres* decision that was made by the negotiating committee, lead by the Manager, was to incorporate a substantial amount of park area in the leased premises, precisely because of the fact that we wanted to define very specifically who is responsible for what, and where and it is extremely impor- tant in this document that the Rouse Company be responsible for the maintenance of all the areas over which they effec- tively have direct control because of where their buildings are located. Mr. Plummer: Mr. Weaver, I have no problems with that, sir. The problem I have is knowing the numbers as to the value of the land. I think it is very key, very much important. Mayor Ferre: Let me address that issue a little bit, J. L. Under our Charter we have this unitary process. We have two competitors that made a proposal. The proposal that is here before us today is a substantially better proposal than the winning selected... Now, I know we have to go into apples and apples type of a thing and I know that the value of the land determines the return on investment, but I think the point is this. One, this is a better proposal than is before us now then when it was bid. Two, the crux of this document, is not as to whether or not we get $600,000 or a $1,000,000 guaranteed, because that isn't where it is at. The crux of this document is that Rouse, other than the three and one- half percent in managing, which is really not a very bid figure - I mean, that is a very low figure for operating this business, and other than the 10% return on their inve- stment ... not that you have a total on what they put into equity capital doesn't make any money until they are beyond our 35%, so for Rouse to make any money, the City has got to make money, and so therefore I think the important aspect of this is that the firm that will receive the successful award is putting out their reputation, their lender's money, some of their money, and a lot of time and effort into a project where they are not going to really make any kind of money until the City is going to make money. I would be very disappointed if we end up only making $1,000,000 a year ... w- hat is it seven years - it is six years, right? Mr. Weaver: Seven years. Mayor Ferre: Seven years from the opening? Mr. Gary: Yes, seven years would make a minimum guarantee Mayor Ferre: Minimum. Mr. Plummer: That is rent. Mayor Ferre: I would be very disappointed it that is all that we have made. I've got to raise some questions about taxes and apples to apples comparisons too, but I think your point on appraisals is well taken, but I don't think that it is going to really answer a hell of a lot, because, what is an appraisal? You know, how are we going to appraise it? ld 28 5/24/84 s � t use Theta is no . r .rye dan 6 t do that � do it hit; to be erna t stogy iitaitatibn on a piece of property Oft a V&t6k* ft6tits and l think therefore then appraisal ie not goifig be any $100 a square foot► you know, and l don't need to be a genius to figure that one out, unless you put a 40 or SO story' Building on it.# unless you get a very high P.A6R. density on a commercial type of a thing, so when you look at what igale that althougare h it gis nimportant # it iot in ts nre lly think appitai, 9 Sig- nificant its the long run. Mr. Plummer; Mr. Mayor, yes and no. The appraisal, as far as I am concerned; I think there is an easy way to equate. We just recently purchased the F.E.C. property. We paid in excess of $1,000,000 an acre for that particular parcel. We got $23,000,000 worth of value. Mr. Mayor, the only thing that you are guaranteed in this lease is base rent. That is your guarantee. Now, if everything else doesn't do what they are supposed to do, that is the only thing...well, taxes yes, but I am saying direct to the City Now, what you are looking at in base rent over the first option of this lease is approximately $40,000,000, that is roughly. I don't have my calculator out. If you take the value of the property, the value of the property would bring in interest at 10% roughly $2,000,000 a year, at 45 years is $90,000,000. It is just that simple - now just from a standpoint of real estate. Mr. Gary: Say that again. Mr. Plummer: All right, if you take the minimum city's base rent, which is all we are guaranteed, all right? It equates itself to approximately $40,000#000 or $41,000,000. INAUDIBLE BACKGROUND COMMENT. Mr. Plummer: On whatever this proposed lease is. All right, am I correct? Mr. Weaver: May I just clarify one thing for you, Mr. Com- missioner? I think that the Rouse Company would be happy to lease the smallest amount of land that you would wish to designate. In other words, if they are going to build on two acres, they will lease two acres. Mr. Plummer: I understand that, but still they have posses- sion and control up to 16 acres, that is correct, predicated on the fact that the property is worth in excess of $1,000,000. You are talking about the actual guarantee, dollar in hand to the City of roughly $41,000,000. Am I correct? Mr. Gary: Yes, but... Mr. Plummer: You have no other guarantees beyond the base rent. Mr. Weaver: Well, that is correct. Mr. Plummer: Okay, now, what I am saying and where I think the appraisals of the real estate are key, that if that property is worth, let's say $1,500,000, at 16 acres which they have possession and control, simple 10% interest would equate to approximately $90,000,000. Mr. Weaver: Mr. Commissioner, if I may respond - using ex- actly that same logic , they only reason that the City is giving possession of 16 acres rather than 2 acres, and I am happy to use your mathematical equation because we have done the same thing over here on this board - the only Id 5/24/84 F h N5 `ealiar, for going from 2 to 16 acres is simply to identify. the i�+sap�nssility areas and in faot, _ to- 4nter040AA11y,. axpkftd the rellponsibility areas of the kou#e piny �� that : ,tiia it do+�W t have try pay, for that,, Mrs dary:.'. Mote importantly: f l may.... Mr. plurtamers i understand what you are saying# but there a rain, all I am trying to say is that I feel that the value of the real estate is very important, okay? Mr. Gary: if I might, Commissioner Plummer. Mr. Plummer: Sure. Mr. Gary: In all fairness, and I kind of hate to say this — on the record, because Rouse may want to again renegotiate the contract - that is, this City Commission by Charter has stated that: "Terms of said contract shall allow reasonable public access to the water, reasonable public use of such property to comply with other Charter wa- terfront setbacks and view corridor requirements" Mr. Plummer: That is in this contract. Mr. Gary: Exactly, and Rouse could argue that you are leasing these 16 acres, but effectively limiting me to 4 acres, because of your law for view corridor an access. I think the City gets the deal because we not only simultane- ously (INAUDIBLE) in the park and downtown, we are also limiting them to the amount of land they construct, the view corridors that they have got to maintain and we are saying — to them "You have got pay for that land we won't allow you to use. You have got to maintain it also." Mr. Plummer: Except no one can use if they have possession. Mr. Gary: No. Nobody else can use it, because we are saying we are saying we want open greenery, view corridors, _ we want to maintain a park environment and we want you to pay for that for us. Mr. Plummer: Mr. Gary, at the time the Rouse Company was chosen at the time... Mayor Ferre: J. Le. excuse me for a moment. Mr. Manager and members of the negotiating team and the Rouse Company, from the looks of the notes you have on that paper and the notes that Demetrio has and some of the questions that I am going to eventually have on this, this is going to be a long ... we are talking about an hour and one-half - a couple of hours of discussion. It is now 11:20 A.M. AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. NOTE FOR THE RECORDS AGENDA ITEMS NO. 4 and NO. 5 WERE BOTH CONTINUED TO THE NEXT PLANNING & ZONING MEETING. ------------------------------------------------------------ ld 30 5/24/84 v DAY B- AND AUTUUKLB35 VoJLWi !Yl�IfVBR anaaw.asasa _. I�awa6�.a+s+bilYiirW1—YY�..'irii�fYiYW3���...rarwwY.�iii.aifiYtifYario►r�.wbr�..��.+i.r+ira.af.�r+_ :. Mayor Ferret item 19.A, Pops by the Bay. Sir, are you for or against it? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO PUBLIC RE- CORD. Mr. Plummer: Whoa now. We just granted an amount of money today and I thought that was ... where is Bob Herman? Mayor Ferret No, no, this has nothing to do with Bob Herman. This is the thing that the Miami Herald and Eastern and whatever it is are sponsoring, right? All right, Mr. Manager, does 19.A have your recommendations? Mr. Gary: I think it does, Mr. Mayor. Mr. Plummer: What is the difference between that and...? Mayor Ferre: This is a letter that we all got from Dick Chapon that they want to revive this Pops By The Bay thing and what they want ... well, what is it they specifically want, Mr. Manager? Mr. Plummer: A waiver of the fee. Mr. Gary: They want $15,000, Mr. Mayor and you can pull that item out. Mayor Ferre: And that is a waiver of the fee, is that right? Mr. Gary: Yes, sir. Mr. Plummer: Does that make us a co-sponsor? Unidentified Speaker: Yes, it does. Mayor Ferre: The name is already there and we are co-spon- sor. Mr. Gary: And we support it, Mr. Mayor. Mayor Ferre: Plummer moves. Is there a second on 19-A? This is Pops By The Bay, 19-A. Mr. Dawkins: Second it. Mayor Ferre: Seconded by Dawkins. Further discussion? Call the roll on 19-A. The following motion was introduced by Commission- er Plummer, who moved its adoption: MOTION NO. 83-578 A MOTION GRANTING A REQUEST MADE BY REPRESENTATIVES OF "POPS BY THE BAY CONCERTS" AND AUTHORIZING THE CITY MANAGER TO ALLOCATE $15,000 IN CONNEC- TION WITH THE HOLDING OF SUCH EVENTS. E-] 31 5/24/84 { i a' Upon ,,, beitig ,,,,.ys�econded byy, �yi,y�yay{ioner- Dtwk�.�a�, C� ���1 pp .�a Bfil ,f a��t OW� 1 tba '_ fonowing. voice ,C BI tomnlissioner Miller J. Dawkins_ Ooti issioner J. L. glummer, Jr. dice -Mayor Demet,rio Peres# Jr. Mayor Maurice A. Ferre NOES: bone ABSENT: Commissioner Joe Caroilo 13. BRIEF. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED SECOND READING ORDINANCE FOR ATLAS CHANGE AT "PROXI- MATELY 740-742 N. W. 25TH AVE., AND APPROXIMATELY 741- 43 N. W. 26TH AVE., FROM RG-1/3 TO CR-2/7. (See Label No. 35). Mayor Ferre: Anything else over here? Yes, sir, Counselor. Mr. Robert Traurig: Item Number 3, Spanish International Communications, Channel 23 on zoning items. No, we would like it to be approved as expeditiously as possible. Mayor Ferre: This is on second reading and there is a whole series of covenants that have been proffered, voluntarily, as I remember. Mr. Traurig: Yes, and we have the re -executed covenants adding those things that were the subject matter of the prior discussion. Mr. Plummer: How many black olive trees? Mr. Traurig: None in this particular case. Mr. Plummer: How many mahogany trees? Mr. Gary: Those are palm trees. Mayor Ferre: I like those better anyway. Mr. Gary: How about a park? Mayor Ferre: This is Bob Traurig Park, right? Now, where is thing going to be? Mr. Gary: Adopt a park. Mr. Traurig: That is later. Mr. Perez: About the fence, they fill all the recommenda- tions about the fence that you ..........7 Mayor Ferre: Bob, I hate to do this to you, but there are obviously questions. Mr. Traurig: if there are questions, we will come back. I didn't hear what Commissioner Perez... Mr. Perezi About the fence - about the "block" fence that the Mayor proposed at that meeting. Id 32 5/24/84 � l ✓ , M � x e in , ''Tret rigs We ba`va the �covbftant 'Aidh `hau +, a it `fit st�riefcam* and 1 +will- deliver` it ItAB the; a i tovenaht 86 V6 provious ly gave 61c6pt we MV6 Vdt .b.v + s eifteally A dut the wall and about the trees .• r Mayor parrs: And the setbacks, instead of five► there is going t+a be tan feet, as I recall, of green araa. Mr. Traurigt And the setbacks. Yes, it is all in there. Mayor Ferret Okay. Access, Egress. Mr. Plummer: During this brief deferral you can contemplate the mahogany trees. Mr. Traurig: You want us back after 3:00 P.M., is that what you are saying? Mayor Ferret Yes, with the mahogany trees. 14. FIRST READING ORDINANCEt AMEND CHAPTER 22 (GARBAGE 7 TRASH) OF THE CODE, AS AMENDED, PROVIDING ADDITIONAL REQUIREMENT FOR PLACEMENT LOCATION OF DUMPSTERS IN NEW COMMERCIAL OR MULTI -FAMILY RESIDENTIAL BUILDINGS; ETC.; APPOINT CITIZENS GROUP TO WORK ON THIS ISSUE. Mayor Ferret Item 33.A, all right, is Mr. Smith here? Any member of the Sanitation Union? Anybody here from the Sanitation Union? We will wait until they get in here. Mr. Manager, why don't you briefly give us a rundown on 33.A, so that all these people can get back to work. Mr. Gary: Mr. Mayor, we have for you an ordinance which would give enforcement authority to our sanitation inspec- tors to enforce the laws of this City with regards to im- proper dumping of trash and garbage in the City of Miami. Currently there are no laws that give incentives to the homeowner to abide by our laws, and as you recall, you and I participated in a meeting with a group of citizens and governmental officials to address this issue and this ordi- nance addresses that issue in terms of fines and penalties for folks that violate sanitation laws. Mayor Ferret All right. Mr. Plummer: Are the unions opposed to it, or what? Mr. Gary: No, we have resolved the problems with the unions and ... Mayor Ferret I just wanted to give them the courtesy since the last time around Smitty jumped up and came over and Miller put it off and I just want to make sure that nobody here has any ... Mr. Plummer: Is there anybody here in opposition to 33.A? Mayor Ferret Does anybody oppose 33.A in the audience that wishes to a heard? Now, this is on first reading, so you will have a ... is that right? M.r Plummer: They have a second crack. r Id 33 5/24/84 ire a l i Mayor Ferre: go,you have an opportunity to,address the issue an second reading if you have any problems.to 0. let's be very clear. This puts some teeth into the city of Miami,# ordinances regarding citizens that are very carelead about cleanliness in their residences and this is going to give penalties and we -are going to be like Hialeah and Miami Beach. This tracks their ordinance. Mr. Manager. I would like very much for second reading to have a discussion On other municipalities that may have even more stringent rules. What Mr. Patterson has done he has checked out Hialeah and Miami Beach, but how about Cincinnati and Buffa- lo and Dallas and Houston and San Antonio and Austin and New Orleans. I am not saying that we ought to go to 500 cities#' but certainly I think we ought to find out where the best in the nation are so that we can compare with them, rather than ... and I don't mean that Hialeah and Miami Beach are not the best in the nation, but I think we ought to take a good look at it. Does anybody have anything else they want to add to this thing? Yes, Ma'am? Speak on the microphone, Ma'am. This is 33.A, and I will recognize you. Give us your name and address and we will ... Ms. Jean Murguia: I am Jean Murguia, 608 N. W. llth Street. I would like to know if we are going to address this morning problems relative to this. Mayor Ferret Are you opposed to it? Ms. Murguia: No, no. I am not opposed to it. I just wanted to find out if we could hike the fees a little more. Mr. Gary: I love itl Mayor Ferret Well, I will take it ... Ms. Murguia: You know sir, fees are only $25 and we are having so many problems. A lot of people wouldn't mind paying $25 to dump. Mayor Ferret I will take a statement from you. Go ahead, make your statement. Ms. Murguia: All right, I live at 608 N. W. 11 Street, which is a townhouse devlopment of private homes. We fall between the Dade Federal Bank which holds the mortgages on our property and HUD, which are the second mortgage holders. All right, in this area we have a lot of dumping of trash and garbage and a lot of the people that live there are violators. Now, I have talked with Solid Waste Department before. They have sent inspectors out, but so far, very little is being done to verify that situation. Now, what I would like to find out is if there is anything that we can do as far as the property itself - in other words, the common grounds that are being dumped on. Other than fines, could the City level liens or whatever ... Mayor Ferret Let me tell you what the problem is. See, the people that do this dirty work and dump garbage out in common property do it under the cloak of night and they are not seen, and unless you can apprehend the culprit, there is no way that you can fine. Who are you going to fine? If they put it on your property, they will fine you, which is part of the problem. Ms. Murguia: Right. Mayor Ferret people are saying "Well, suppose somebody comes and dumps on my property?" But the problem is if they dump out in the middle of the street, or in a park, there is just no way. Who are we going to fine? See what the prob- ld 34 5/24/84 V T 74 k ' ' + went . ' ;say is? All tight; ie there bnYthinO else x. Vat Ma.. Mvrgui& 1 i4o ° not 'right 110W- I hev to think ab ut i for ttta next hearing. Mayor perrei All right, we will be hearing 'th16 again an this now# on, first eeCtind reading• At& we ready to move on All right, anybody want to address the C0t=is6i0n reading? on this issue? Mr. Angel Martin: yes, air. Good morning, Mr. Mayor, Vice - name is Angel Mayor and commissioners, city Manager.Street. have been 26t Martin. I live at 1390 N. W• of Allapattah for 21 years and I have living in that area being decayed all the time, basically because of this it seen problem. See, some people ignore - they don't know that dirty diapers in front of their is illegal to dump - even it. It has become a very bad problem. door. I have seen Due to the hard work of Mr. Patterson and Mr.Jimenez things that they have improved, but still, there are some people for the neighbors; they don't care! They just don't care for health; they keep on dumping and dumping just don't care and dumping and it is not a problem of being picked up, is being picked up because I know for a fact that trash but if you clean the streets of Miami every every two weeks, day, every day will be dirty because people, right after the it is riot a matter of truck leaves, they dump more trash and broadcasters, I know for a fact, not education because as a but in many stations in this area in only in our station, Spanish, for example know of this problem and have been of dedicated to stopping that. It is not a matter people informed; people that they just want to live in not being dirt; they just want to live in trash and trash brings in know, the decent, undesirables and undesirables, you get this neighborhood ...... We are getting a nice people of lot of negative people moving in in the Allapattah area, is circle basically because of this problem. It a vicious to be tough - to be very tough with and it is very important these people, including those owners that don't care for of 13rd Avenue their property. For example, at the corner is this empty lot that is really a and 28th Street, there It is really a disgrace for that neighborhood. nuisance. Drunks sleep there. There are pounds and pounds of empty is a living room liquor bottles and trash and sofas. There is a disgrace! It is really a disgrace. over there. It People, drifters, sleep there and there are some nice people that just don't know what that live right across the street they don't know the language in Spanish - to do, because they don't know the language. They think it is a fact of think that we life, they have to put up with it, and I should be tougher, really. Our city deserves - really a tough ordinance like this, and even tougherl Mayor Ferre: All right, Mr. Martin, let me ask you a ques- tion. I know that I am sure that you are a busy man in your business and all of that, but obviously you have taken an interest in this and I think it is important, Mr. Patterson that you have a citizen's group. Now, I am not talking abouot 50 people. I am talking about 4 or 5, 6 people in this town that would help you go over this process that you are going to come back with in other cities. This is a small ad hoc group of citizens and I would like for you, Mr. Martin, in conjunction with both the Sanitation Department and the Union to come back with recommendations of people that we can appoint to a small ad hoc group to deal with this before second reading very quick, so that we can look o= and see what is reasonable. I would like for you, example, to take a couple of hours off and go to Hialeah, you, yourself, and go there and talk and see whether or not r rx 4r ,N 57 YOU :convince yourself as to whether or, not these new_ toughet. laws of �#iaieah are really being applied, talkI NOW* 1 . heard on one of your Colapetitors ra:aio staff tions the Mayor of Hialeah say how tough they have gotten► and how -they are hauling people into court and fining they in Hialeah and how the City of Miami doesn't do that Tomas Garcia Fuste would say well, you know, Miami should take an example of how touch Hialeah is. You know, I want to know if that is true? Is Hialeah really being that touch# and 1 would like your opinion on it. I accept Clarence's opinion,: but I would like to have a citizen's. I don't know why you are here, whether you are here because e6eso or Clarence asked.you to be here, or whether you... Mr. Martin: I am here because I love this City. I was raised in this area and it is really a disgrace that our neighborhoods are being destroyed because that is the root of the problem, really. Mayor Ferret Okay, that is what Demetrio just told me. He just said this man is a very decent man, and he is a very dedicated individual. I would like to get a group of people like yourselves to form a group, not a vigilante group, now, but just a small little group to recommend to us and make sure that we are doing the right thing, and I would like the Union involved in this too. Mr. Perez: Mr. Mayor, I would like to emphasize about Mr. Angel Martin that is a great citizen of this community, but ' I would like to recognize his contribution to the betterment of this community. We have dedicated two or three programs of one hour radio programs on WCMQ, calling all of the citizens to have opinions on the talk shows and giving opportunity to the City government in order to express their concerns about this great problem. I would like to recog- nize Angel Martin's record. Mayor Ferret All right, you were first. Mr. T. L. Johnakin: My name is Johnakin. I live at 1345 N. W. 51st Street and I am the Chairperson of the Model City's Concerned Citizens Crime Prevention Subcouncil that works along with the City of Miami Police Department and I am here because I am really concerned about the trash prob- lem. I know that some here on the Commission and our City Manager recognizes the name, because I think I am one of the more complaintive fellows out there in the Model City area. I receive the most calls out in that area and then I then in turn call Mr. Patterson, which I have met with him several times. I am in charge of the area from I-95, 36th Street West to 19th Avenue North, to 79th Street East, to I-95, I- 95 back to 36th Street. This is a large area, and what I see in the complaints and the calls that I see, which I can't do anything about, and which, when I call the Inspec- tor, which they come out to see what the problem - they know the name when they hear Johnakin. They know the name, they know something is wrong, but when they arrive, they cannot do anything about it. When I see a trash truck come along in the morning and then in that afternoon I receive a call or see a bed or stove dumped immediately after the truck has passed, I feel like all this is wrong, and I feel like the man mentioned a while ago in the area down in the City. This City does not make itself. The people make the City. Now, we can make this a clean city, or we can let it go down and make it a dirty city, and now, it is going to take the people to do this, and I feel that this Commission can really do something about the problem that we have about this trash. These inspectors, they should have the authori- ty to give citations to these violators which always com- plain and they come in to me, which I can nothing. the Id 36 5/24/84 - v a iftSp6ct6r comes out# which they can do nothing. HOW# just like-r I ; ays I= too have ft large area lot 69 .. complaints about these areas # and t am pretty sure,., Ma ter P rrei air, would you be willing to serve on thin y committee? q Mri Johnakint I would he more then glad to. _ Mayor Ferret All right, fine, would you make sure you give your -name to Mr Patterson? Mr. Johnson: I sure will. Mr. Patterson and the City Manager know that name very well, because I really write - them letters and give them a lot of calls. He knows it very well, and thanks a lot. Mayor Ferret All right, sir, thank you. Mr. Gort? Mr, Willy Gort: Mr. Mayor, my name is Willy Gort, I reside at 2650 N. W. 14th Avenue. When Mr. Martin said about the nice people that live across the street, I hope it was me. I live right across the street from Mr. Martin and I have been there... Mayor Ferret Mr. Gort, would you be willing to serve on this committee? , Mr. Gort: I would help on this committee, but I am already involved with quite a few committees; as a matter of fact... Mayor Ferret Well, I figure that when people have enough interest to get up and talk... Mr. Gort: Mr. Mayor, I will be more than glad to work on this committee. Mayor Ferre: All right, thank you. Mr. Plummer: What he is telling you is, he doesn't want anymore speakers! Mr. Gort: I am going to be very brief, Mr. Mayor. I think an educational program we are going through up in ... and his program there quite a few times which spoke about this. Now, the neighborhood where we live in, it used to be a beautiful neighborhood. I have been there 22 years. A lot of deterioration has taken place and one of the reasons is that we don't have any control of the dumping that is taking place in the public right-of-way. Thank you. Mr. Dawkins: Okay, I need two questions to ask, Mr. Mayor, please. On Page 3, at the top of the page, line 4, where it says "and one-half of the alley, street, or easement, ad- joining such dwellings, are free from garbage, trash, lit- ter, or any foreign matter." Is grass considered a foreign matter? Mr. Gary: No. M.r Dawkins: So then this means that the City of Miami will continue to cut the grass, and to maintain the weeds in alleys and easements behind people's houses, is that right? Mr. Gary: To the extent that this City Commission appropri- ates money to fund those kind of activities, yes. Mr. Dawkins: Well, I will tell you what. If this Commis- sion and the Manager cannot get it done, then the City of Miami needs to move the Manager and the Commission. id 37 5/24/84 pldwer: No, We need to give then a lavl�o�er t ry Hr� Gary,Now, in all seriousness, C�Sinn►issi+ net egard tO this deals strictly with d garbage an wayssh I haute I : rmind thaintentnce of City owns gd1t On that this Commission you knowwew To the extent thathave been cdt�we can d 'it because we emphasise,o with existing resources, we will continue to do so, Mr. Dawkins% 'Well, that was my next anu c dinanoer. that Gary* We says are talking here about enacting citations. How are we going to enforce this, and then once the citation is made and the guy doesn't move it, what are you going to do? I mean, if I call you and gay this guy is here and you go out and cite him and then for three days it is not moved, you still haven't accomplished anything• ould Mr. Gary: No, we hav of a needt more,n butt right now, nitaion Ispecors now anl we wwant not say that we do n them to be moreffectivesue al citation is will allow us to be more e effective and Y Mr. Dawkins: Mr. Gary••• Mr. Gary: If I may... Mr. Dawkins: No, sir, let me cut you off, sir, please. I am not interested in your inspectors being more efficient. I am interested in the garbage and trash being removed, and if not removed by your Sanitation Inspectors, it is moved by your Sanitation and Some sanitationr , so. if we are talking in terms of getting (NOTE: AT THIS POI,OTHERE IS SMALL GAP IN FFICIAL TRANSCRIPTION TAPESS)RIPT DUE TO LACK OF OVERLAP IN Mr. Gary: So we plan to do it ourselves if they don't do it. Mr. Dawkins: Where are you? Page 4? Mr. Gary: Page 4, small "c", in the middle of the page. Mayor Ferre: Before I recognize you, we have a citizen to speak. You are a citizen too, but you are involved with the Union and she is not. Ms. Miriam Alonso: My name is Miriam Alonso. First of all I'd like to say that for the last three years we have been working with Solid Waste Department, especially Mr. Patter- son. He has been very helpful. I am the president of the Association of Neighbors and Property Owners of Shenandoah and the Roads area. The Solid Waste Department has Still extremely helpful to us in resolving many problems. we are all aware of the situation that we have in the City of Miami. We are all aware that we have a serious problem in our hands and we want an ordinance We a allcould want reclean solve the problem that we have in the City. City, and a City that we can be proud of. I support an ordinance that could resolve the problem and I am behind it 100%. Mr. Patterson and the Administration know quite well that we are very concerned about the problems that we have. There are some points in this ordinance, as such, that I have some concerns and I want to express them today so that perhaps you could look at that and make changes and perhaps it could be more effective because we all want a clean City 1d 38 5/24/84 r of Miami and the department is doing the best they aan undar the _ present t circumstances.. The fir -at concern i have .. is oa page 3, the, first paragraph, specifically about the first three iines,_whee it says that it refers to an absentee owner or. an owner . do not reside on the property, that they shall be responsible .to have a person designated to take care of the problem. I am concerned about that, because most of the buildings -and i am talking now specifically about areas like Overtownt Liberty City, and Little Havana, in which we are talking about small buildings, buildings on which if we put an added burden to the small ownermort ages that in some instances have problems to pay gg and we ask them to have a person in the building, couldbe a manager or otherwise, it might be an added burden to this person and on top of that to the tenant, because all the months amount of money is going to end in the hands of the tenant. We don't want that to be the case, so we have to be very careful in how we word this ordinance, so we don't put the burden of the circumstance like this.... Mayor Ferret Mr. Patterson, Mr. Manager, will the reading, Admini- stration be ready to respond to that by please? Mr. Gary: Yes. Ms. Alonso: Also I have two other things in which I am a little bit concerned. Number two, it seems to me that 24 hours, even though it sounds very tough and all, and it's fine, and in my work, it seems to me that if we put a more realistic length of time, something like 48 hours, it seems to me more realistic than 24. If we put 24 and then we don't enforce the regulations, then we are not doing any- thing. As soon as the people find out that they have 24 hours and they get away with it.... Mayor Ferret I think that is a very valid.... Ms. Alonso: ....it's no value to anyone. Mayor Ferret I think what she is saying is that if it is 48 and you really enforce it, it's better than having 24 and not enforcing it. Ms. Alonso: Exactly. Mayor Ferret People begin to realize that ... would you respond to that on second hearing? Ms. Alonso: The third point, basically touches on number one, my concern with the small owner, owner of three units, six units. Let's face it, that's the case in Little Havana, most of the buildings are small buildings and they might be responsible for anyone that goes by the property and throws things and like that. We have to be very careful where we put the burden. We don't want to penalize the law abiding citizens who might be the owner or the tenant who happens live in that building and they are not the ones responsible, so we have to identify very carefully who is the one guilty and make that person pay from his own pocket, not from the pocket of the owner of the building, because that will not resolve the situation and we want a clean City of Miami. Thank you very much. Mayor Ferret Thank you very much. Ms. Alonso, will also serve on the committee? Ms. Alonso: I would love to. ld 39 5/24/84 a( t t Mayor. , Porre 3 All right now you .have four mombers of the, aamittae I think you need, Clarence, somebody from,doconu�' ;'. arova someone from the northeast part # and somebody ,from ovartown We have somebody from Liberty City. I I think we need to got someone from overtown and perhaps the Allapattah/Wynwood aroa-& I think that ought to be +enough. Mr. Prater Jeoffres peter Jeoffre, 319 S.W. 11 Avenue, MY main concern is when you trim the trees down, you can't put them out until the day before the trash comes by or you can't put this on the curb as when you cut them? Say I cut a tree down today and I have palm leaves and others, can I put them out? Mr. Garys No. Mr. Jeoffre: It's got to be kept? In other words, you have to hold trash and everything for two weeks inside your yard or anything like that. Mr. Gary: Sometimes I wonder who you represent. First of all, there is a schedule. People should cut around that schedule. The whole purpose of this is to keep a clean City. To the extent that you allow people to maintain trash in the front of their yard at the time they cut it down, which may not coincide with the pick up requirements here, you are defeating the purpose of the ordinance and the intent of what we are trying to do, to keep a'clean City. Mr. Jeoffre: The 'reason I brought it up, Mr. Manager, is that you have to get a R.A. of the Grove. You come down on a Friday, everybody would have to cut on a Thursday and put it out Thursday. This is what I was trying to avoid, maybe one or two days apart. Mr. Gary: Well, if they want to cut it Friday or Saturday, all they have to do is cut it, put it in their back yard, and when it is time for it to be picked up, put it in the front yard. Mr. Plummer: Mr. Gary, I want to put two things on the record. You know that this has been my continuous problem. You have inspectors out there who are writing violations for people who put their stuff out more than the night before, yet we're guilty of not maintaining a schedule as put out by the department. You can use all the excuses you want, it rained and breakdown of equipment, lack of personnel, and lack of money, but it seems blatantly unfair to me that you put out a schedule of when these trucks are going to pick up, and the people somewhat comply, and then you go out and cite them for violations when our department is not living up to its own schedule. That's number one. Mr. Gary: Do you want me to respond to that? Mr. Plummer: No, you can do it at second hearing. The Mayor can do that; so can I. The rule of government, never do today what you can put off until next meeting. The second area of concern is in the area of dumpsters, whether they be from the City or from private. I have driven a- round, as you have, and I have seen dumpsters where there was more on the ground than there was in the dumpster. That addresses in this thing here, that they must have an ade- quate size. Thank you. Mayor Ferret Further discussion? Mr. Dawkins one more thing, since we have things coming back for the next meeting. Mr. Patterson, please bring back and explain for me the possibility of having a truck that 14 40 5/24/04 _ n ry. oaf! driven f it ar and ba�k��►rd�i r yiai e , /;yam}( xT•' - : Ot t here iftetead of blob g . trtokr►it l ` lik+a t+b fee'+ where both are 'Bige b' aide., s that could be driv►an backwards or forward"' +� dttnp a�ok eantiot come its front o it :Btnt ehaon why and this thing come up to.the pile of trash, pi it`upr truok, instead of being alongside. it can the dump el�ae• l wove at the next meeting# I'm being like everybody 43.; Mr. plummets No, it's 33-a• x Mr. Dawkins: I move 33-a• Mr. Plummer: I want to add another stipulation. Mayor Ferret You are out of order, unless you.... Mr. Plummer: Second the motion for discussion. Mayor Ferret The Chair recognizes Mr. Plummer. Mr. Plummer: Mr. Patterson, I would also life Co u to come Gables back with a comparison of why in the City the grass and yet we get hot tubs on they don't even damage our curbs in the size of c ande I �complainkabout lthebcrater, ly ridiculous. I call up which is four foot deep. --- mayor Ferret Mr. Plummer, would you like to serve on the committee? Mr. Plummer: ••••and Mr. Patterson comes back and brings Bu eight yard dump and now I have a hood . f ur I want footghto lknow why they whittled away at it pretty g Gables doesn't have that problem and we do. Mayor Ferret Further discussion on the he motion? Read the ordinance on first reading - AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 22, ENTI- TLED "GARBAGE AND TRASH", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS 22-2, 22-3, 22-12, 22-17, 22-1B, AND 22-43 OF SAID CHAPTER ING BY SAID AMENDMENTS THE OW NG:D FOLLAN ADDITIONAL REQUIREMENT FOR FOLLOWING: PLACEMENT LOCATION OF DUMPSTERS IN NEW COMMERCIAL OR MULTI -FAMILY RESIDENTIAL BUILDINGS; A CLARIFICATION OF FEES DUE AND PAYABLE DURING PERIODS EVEN WHEN STRUCTURES ARE TEMPORARILY VACANT; THAT CERTAIN INDIVIDUALS OTHER THAN OWNERS SHALL ASSUME INCREASED RESPONSIBILITY FOR THE CONDITION OF PROPERTY AND VIOLA- TIONS WHICH OCCUR ON SAID PROPERTY; THAT CITATIONS BE WRITTEN BY SANITATION INSPECTORS RESULTING IN PENALTIES IF SAID VIOLATIONS ARE NOT CORRECTED WITHIN A SPECIFIED PERIOD OF TIME; THAT ALL RECEPTACLES OWNED BY PRIVATE SANITATION COMPANIES ARE MARKED AND IDENTIFIED WITH THE COMPANY MANY AREPEALER N REPAND T PROVISION AND RA CONTAINING SEVERABILITY CLAUSE. 41 May 24, 1984 } i Vt Uftd b `Cft%iA11i*hb* :bA Lna i iMdd ` p�py� ay �C its Bag y # i gyp. title :; thb f61lri AY881 Co issioner Miller J. D&wikins _. _ Comissioner• J. L& plumer Jr vice -Mayor bemetrio J. Peres, Jr. Mayor,Maurice At parrs N08St none. ABSENT$ Commissioner Joe Carollo The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. ON ROLL CALLS Mr. Perez: When I vote yes in the first reading, I would like to emphasize that it is very important that we grant authority to all the inspectors for our department. I think that I am very concerned about the low income neighborhood, especially our Little Havana area, Model City, and Liberty City and in Overtown who a lot of times would call for a complain, the Sanitation Department would come on the same day or the following day, they pick up the whole trash, but in the next two hours, we have the trash again. I have experienced that in our own neighborhood in Little Havana. I think we have to take a strong action to correct that one. That is why i vote yes. Mr. Gary: Mr. Mayor, you may want to ask Bill Smith to be in that committee. Mayor Ferre: I said that I wanted you and your representa- tion. Mr. Patterson: yes, that was for in the ordinance prepara- tion, but the question that Commissioner Dawkins asked and Commissioner Plummer, I wanted Mr. Smith to serve on that committee with me with reference to digging the holes and with reference to the trucks' work backing up. Mayor Ferre: Mr. Smith, would you serve on that committee? Mr. Plummer: That's Bill Scapegoat Smith. Mr. Perez: Mr. Mayor, I think it is important to have an Allapattah representative in that committee, Carlos Luis Brito. Mayor Ferre: Is Mr. Brito still here? Mr. Brito, would you serve on the committee? COMMENTS IN SPANISH. Mr. Perez: Mr. Urra proposed him. Mr. Carlos Luis Brito: Con mucho gusto. Mr. Plummer: What about Miriam Alonso? Mayor Ferre: She has already accepted. Mr. Plummer: How about Dan Jimenez? Mayor Ferre: No, because he's an employee. al 42 May 24, 1984 SWIM MGM =a iammb "AIM, Wi :. or, �y �/� .: y � � � �r.�crrsar��'orcruo'a�wir+ri+aw.�.r �� Ms. dan4t Coopert 1 was wondering, item 32 is a Pion trontro� ovin or%4 nt `giew from the D.D.A. I versial item about rem g was wondering. it we could either do it now or wait until at least 300 30if you would not take it up before 3 t 30, if you i cannot do t now. Mayor Ferret I have no problems in voting on it now. Does anybody have any problems with it? Do you want to delay it? Is there a motion on 32? Mr. Plummer: So move, on second reading. Mr. Dawkins: Is there a second? Mayor Ferret Further discussion? Read the ordinance, 32. Mr. Plummer: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 14-17 OF THE CODE'OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALTER THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT TO EXCLUDE THE AREA (COMMONLY REFERRED TO AS POINT VIEW) BOUNDED GENERALLY BY S.E. BAYSHORE DRIVE, S.E. 15TH ROAD, S.E. 14TH STREET, S.E. 14TH TERRACE AND S.E. 14TH LANE; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. al 43 May 24, 1984 �� fp Ervl k " k X35 J j f gassed: on it first rsadiftg ;by tide at the meeting it g "�A i., igg4 r was .. -taken ; 26 up .for .its ; second endisail aid.' j. title and adoption. --notion of Comissiorier . Pi t y seconded by, Co issioner Dawkins, the Drdinanoe &6 t'h§r6U on givon its second and final reading by title and-:pass6d and adopted by the fallowing vote AYES3 Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9835 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. --N---N---------N---NM-.. 16. CONTINUED DISCUSSION FROM LABEL 11 IiND TEMPORARY DEFERRAL OF PROPOSED APPROVAL OF AGREEMENT WITH BAYSIDE LIMITED PARTNERSHIP ON BEHALF OF THE "ROUSE MIAMI6 INC." re "BAYSIDE SPECIALTY CENTER" PROJECT. (See label No. 23) ------------------------------ --------------- Mayor Ferre: Now we are back to the Bayside Project. Here is what we are going to do, Mr. Plummer. Since it is noon, and we do break at noon, I think out of courtesy to the Rouse people and to the committee people and those that are involved, we ought to put on the record right now all of our questions so that they will have at least an opportunity to think them over and discuss them and come up with answers, if they are anything complicated, rather than spring them at 2:00 o'clock. Mr. Plummer: That's fine. Mayor Ferret Obviously the Chair will rule that you have the opportunity to ask any other questions in addition at any time, so it won't limit you to these, but I would like to get as many out on top of the table as possible. Mr. Gary: Mr. Mayor, if I may, I would like to introduce and recognize Mr. Herbert Leeds, who is also part of the committee, who is noted for his expertise in shopping center development and real estate development. Mr. Plummer: Mr. Weaver„ I give you a copy, sir, of the concerns expressed by Miami Grand Prix. You can address those at 2:00 o'clock when you come back, sir. Mayor Ferret May I interrupt on that, because it's on the subject? I noticed that the drawing, has that drawing been worked out in coordination with the proposed plan for the amphitheater and the development of the park so it doesn't do irreparable damage? Mr. Gilchrist, did you hear the question? The Grand Prix, is the park development that the Corp of Engineers is about to embark on, hopefully at last, -Pepper is climbing up and down the walls on that and getting us more and more money every time he climbs up the wall- but I assume they are going to start soon. I just sl 44 May 24, 1984 �v Ant ' iil ' i� o> a �' =the reodi`d, that tie eren � ►� � s�. di a ,.any Or6bi s with eitt► r "thy a i hitNea i� ' . Wilk .: �� �at�ve1 it IN With this tlian , Priit A664r" examplet t noticed that it comes in front of the Torch "6f <' 1riendshiP. , That 'ditwing goes right through the Torth of Friendship. low., how are you going to have a race....? Mr. Pluitmier $ No, it ghee through the surface. Y Mr. Mary: No, it's going on the surface, Mr. Mayor, Mr. Plummer: it's on 4th Street extension. Mayor Ferret I don't see it that way. Mr. Gary: Yes, look on the map. Mayor Ferret I have a map right in front of me here. I've been looking at this this morning and it looks to me like it goes right through the Torch of Friendship. I just want to make sure that on the record somebody address that issue. Mr. John Gilchrist: To answer your question, Mayor, the Corp of Engineer Baywalk was designed to accommodate the Grand Prix. Mayor Ferret As I said, we don't want to get into answers. We are just getting into questions. Go ahead, J. L. Mr. Plummer: I also need to know from Roger Carlton what provisions are being made in the new parking structure, because that will have to be used in lieu of the auditorium. Are they going to grant a waiver for the five days of use during the Grand Prix event? The other area I am concerned about with Grand Prix is basically what arrangements will be made with Bayside as to their access during the Grand Prix. Mr. Gary, at the time that we chose the Rouse Compa- ny, I asked you to produce to this Commission copies of contracts that exist in New York, Baltimore, and Boston. I have not seen copies of those contracts. I don't find in this document any provision that they cannot use at any time this Bayside in Miami as collateral for another project. There is no designation which we have in other projects for a specified amount for open promotional. As you will recall in the Knight Center, it was $1,000,000. You and I talked about this document does not specify that they shall be responsible for ad valorem taxes. Mr. Gary: It's in there. Mr. Plummer: It's been changed? Mr. Gary: Yes. Mr. Plummer: O.K., I have not been able to go through it. Mr. Gilchrist: So has the collateral issue, also, Mr. Plummer. Mr. Gary: Both of them. Mayor Ferre: I would like, when you get to the ad valorem question, and obviously this will not be binding, because we don't set that, but I would like the estimate as to what the estimated taxes will be. Mr. Plummer: I touched on the UDAG. I would like to know what the Administration.... Mr. Gilchrist: What was your question on the UDAG, sir? al 45 May 24, 1984 br Mr.._l�iu trier: goo i touchad on the UDA01if it, is:C:Mtiforth* .` comings t emalso concerned -thi* Will ba.: fry .the�AAmin � stration side-► where the money would come from to cover Mr. nary: Cover what? Mr. Plummer The monies of $4,0001000 or the $12rOgg,0g0� The City 'a responsibility, that. is my area of,concern. - t also would like to know in reference to the > Project, Out - in front, if it is not done by the Corp of Engineers* since that is a default, where in fact money would be coming from. Hold on just a minute, let me go back to my notes. I have a concern on th very last page of the document, the wording, I think, is wrong, because in other documents I have seen it what I thought was correct. You speak on the last document, which is on mine is page 3, and you say a specialty center to be known as Bayside Specialty Center, located on City -owned land parcel containing approximately 16 acres, adjacent to Biscayne Boulevard, and including Miamarina. I don't think that is what you meant. Mr. Gilchrist: We changed that on the resolution, sir. Mr. Plummer: The document that you gave me to work from says including Miamarina. The other areas of the Grand Prix, about the time table of the construction is very important. Who will pay for the new road. kil of that is incorporated in that document. It is fine, Mr. Gary, and this is really sure going to be brought out by Mr. Dawkins, but just to make sure, it's great to speak that you are going to help minorities, and you do address that. My concern is about local minorities, that we have local minor- ities involved. You know, the people who reside in this community. I think that is very much a concern. Mr. Gary: You can't limit them to that. Mr. Plummer: You can't limit them, but we can suggest, as we have always suggested whenever possible to do business with local people. Mr. Gary: They have done that, up to now. Mr. Plummer: I'm just putting that in the record. I also want to know what is the time table for the appraisals to come back before this Commission. I want to know when this Commission is going to receive the rest of the exhibits that are not contained in this document. I want to know does this Commission retain control over the parking structure? It is my understanding you did change the wording in refer- ence over the City having control over the bonds as far as what is being paid for the bonds. There was no provision in there for that in the document from which I'm working. Mr. Gary: You automatically get that with the Charter. They have to come to you. Mr. Plummer: I want it in the document. God rest his soul, Father Gibson said that black and white don't lie. Mr. Gary: The Charter doesn't lie either. Mr. Plummer: Those are the questions that I have right up front. Mayor Ferre: Commissioner Perez. Mr. Perez: All my questions, Mr. Mayor, have been clari- fied. Anyhow, the only thing about the local minorities sl 46 May 24, 1984 2r{ y A+ i } participation# I would like to have 81560itiC iftf6 tnati6h. z jL' o It "w1hatwod .d ba,the-r6l@ in the diffariht Vt e loy6ego bueinabomen, what would be the. role of minority participation in the future plan. 1 Mayor Ferret Commissioner bawkine. Mr+ Dawkinst I'm interested in exhibit "I". This aftorhooh I wait you to tell me, although you don't have ' it i What ;F your minority participation program will look like, how you will implement it, your time table for implementation, and as Commissioner Perez said, the procedure for total local participation involvement. Mr. Gary says that we cannot demand that you hire local people, but he didn't say that when we went out and demanded that local people vote for this and pass it so that we can do it. Mr. Gary: I said, not demand, I said that we should not limit them, Commissioner. The reason I'm saying that, the first part should be for local people, but if you cannot get local minorities here, then they should have the right to get local minorities elsewhere. o Mr. Dawkins: You see, Mr. Gary, the only problem I have with that is, every time we pass out a big contract, I get that local participation cannot be found here. Mr. Gary: I didn't say that. Mr. Dawkins: Never does anybody come in here and say ... or even the City of Miami say, that on the last project we didn't have individuals to participate in this local part right here, so therefore, before we have another project, let's have this person in place. But every d--- time I've _ come here, you guys give this gimmick about the local par- ticipation may not be found. It's here. Mr. Gary: It ain't my job. Mr. Dawkins: Don't tell me we can't find it. They could find the way here to get a contract. Mr. Plummer: Well, I think Ferre puts it better, that it is the difference between Georgetown.... Mayor Ferre: No, Harvard and Howard, that was Father Gib- son's line. Do you have anything else, Commissioner? Mr. Dawkins: No, that's it. Mayor Ferret My questions are the following. Mr. Garcia - Pedrosa, you may recall about a year and a half ago, I called you and asked you to send out to Tallahassee reserva- tion of the name Bayside and to register it properly. I understand from Andy Hancock that they also did the same thing. I think it is important that the name Bayside be attached, because that's how we identified it, and that's the name I started using five years ago to describe this project, but I want to make sure that even though it doesn't affect this, we need to make sure that we have that. You did reserve the name, didn't you? Mr. Garcia -Pedrosa: Yes, sir, that's been reserved. Mayor Ferret Do you have a copy of that? Mr. Garcia -Pedrosa: I believe so. We don't have it here, but I'll go back to the office at lunch time and get it. sl 47 May 24, 1984 777 cv # h Tf ------ , nn p�u 'tO f�J Mayori y^. e j ��f�jn vet ` , you got around to it i l 4 d kit. i-f�I� �C��� i.. T..,e�� r &kG that part and parcel of this prooeedif►gS �, { g+��ond TY withregard to the grand ,Prix, I want to make : sure .on o, record# Mr Manager, r as I asked before that there. �4`5, violence to the torch of Friendship or riy of the` .cth�r: agreed .upon designs for improvements in the park+: Thirdly,` I wanted the astiteated taxes that this project is, oin be* ..because it isn't just us it's Metro and the School Soard that will be recipients also, Mr. Plummer: Mr. Mayor, I'm assuming you are asking for an estimate of not only ad valorem, but personal property. Mayor Ferret Sure. I also want to go over this competi- tion of non competitive agreement this afternoon. Has that been withdrawn? Mr. Gary: No, that's in there. Mayor Ferret That's still in there. Well, I think we need to understand that, because I understand they are asking for a counterpart agreements on our part. We need to go over that. I think the question of air rights over the parking garage. In effect, the parking garage really belongs to the Off -Street Parking Authority. Is that correct? It'll be their property. Mr. Gary: Yes. Mayor Ferret It's on our land, their property and it is for Rouse's use. But we need to discuss that to make sure we have a very clear understanding that we don't have a legal disagreement, in case we want to eventually put a theatre or something on top of that. I need to understand that a little bit better, and the whole question of this Miami vs. New York City vs. Boston vs. Baltimore that Plummer alluded to. I don't necessarily have to see the contracts, but I do want to understand on the record what the basic differences are between us and the main Rouse agreements. I'm not too overly interested in the Boston contract, because even in Boston, that was criticized as being pretty much of a give- away, even though frankly, it was the first big one that Rouse did, and without that...when Rouse did that, it was a major step and it set the pattern for all these others. Boston may not be critical, but I think Baltimore and New York are something that we need to look at. Mr. David Weaver: May I say for the record that the agree- ments with each of those cities have been delivered as of four or five months ago to the City Attorney. The City Attorneys office has evaluated those as has the negotiating committee. Mayor Ferret The question of revenues and all revenues, I want to make sure I review that because, for example, sup- pose there is a joint venture between Rouse and Disney, just to pick somebody out of the air, on Watson Island in the future, I want to make sure that if it.... Mr. Weavers We didn't negotiate that in this agreement, sir. Mayor Ferret I realize that. But that is exactly.. you know, the point is that if Rouse is involved in Virginia Key for the 500 celebration of Columbus. Suppose we do a major thing and Rouse is involved in that somehow, if it ties in, and then we get the hydrofoil operation and these projects are tied together, you know, I want to make sure that on the record that we have some kind of continuity in the al 48 May 24, 1984 A l^ process, oven though I realize that we hava. snot nevatiat d that I want- to, ' on the record. go, Over that s, t V&ftt have:a clear understanding of this minority foundation and how exactly that is proposed to work. Then the last thing that I want to ask about, nave, is as long as the present team is involved in the mouse operation, I'm not really too concerned. You know, this is a very long-term contract# and 15, 20, 30 years from now, suppose somebody# at that point, Rouse has merged with so and so and it's become a company and all of a sudden it's rated by some of these famous gall Street Raiders that take companies and strip them down, and then they.... Mr. Weavert That's the merger with Disney. Mayor Ferre: No, no, not Disney, but suppose somebody raids them and it ends up being a very different kind of opera- tion. Then, the guy who ends up being the chief executive officer says, "Hey, cut= we want to make a little bit more i profit our of this. We don't want this to be maintained the same way. We don't want the typical Rouse operation." What are the minimum guarantees on maintenance, greenery; because one of the things that makes Rouse so successful is an inordinate amount of money that is expended by Rouse in keeping everything painted and making sure that the flowers i are all fresh. There is an awful lot of expenditures that � go. You spend a lot of money trying to get minority vendors with their push carts in. That is a tremendous amount of expenditure, where you are taking ... you are risking, you are subsidizing these guys; some of them fail. Suppose the new manager, 20 years from now, says, "Hey, no more cut flowers. We don't want any more flowers. The paint schedule is going to be doubled. The maintenance is going to be substantially cut. We don't want any assistance to minority vendors. We are not going to put up any money. We are not going to have - the typical Rouse operation. You see, there is no guaran- tee. This is all very nice as long as you're there, but what makes us...I think we need to worry about it when you sell out to somebody or twenty years from now you get raided and you don't end up being the same company and we have to have some kind of an insurance that the high quality is going to be maintained by your successors. Those are my questions. Mr. Dawkins: What was that you said that was given to the City Attorney, Mr. Weaver? Mr. Weaver: The contracts between the Rouse Company and the various cities that were mentioned by Commissioner Plummer have been delivered to thee City Attorney, and have been evaluated both by the City Attorney and by myself. Mr. Dawkins: On January 5th, I sent a memo to Mr. Gary, and I said that there was no doubt that what was to be negotiat- ed be that which is for the best for the City of Miami. I must ask you, however, that you review this matter thor- oughly. This review should include, but not be limited to an examination analysis of the Boston and the New York tenants' complaints and court action, as well as scheduled personal interviews with some of these tenants, and I would appreciate a complete report on your findings before you begin serious negotiations. I have not seen that yet go to the City Attorney. Mr. Weaver: Those conversations did take place. We will report on them. Mr. Dawkins: Also, I told the City Attorney, by copy of this memo, I have requested the City Attorney provide me with recommendations that should be negotiated into the al 49 May 24, 1984 1s k l R contract 'between Rouse and the City of _Miami. � h�►va ,f received that frost the City Attarnay# but yet everything �s Mal:' heady to go Mayor Ferro: Two other things, guarantied aot� lation j I 'What need to understand what that means spooificaily� is a guaranteed ci�ipietion? I meats is theta a bond on `that? Are there penalties? Is there just the best tried affort? Is it.... Mr. Weaver: No, we have specifics, we'll explain that. Mayor Ferret I need to, on'the record. I need to go over that, so we have a clear understanding. Dave, when 11*m talking about the quality of the Rouse project, and I don't mean this to be in any way disparaging remarks against Diplomat World, but as you may recall, those of you that were around when we first negotiated that, that's why I insisted that there be a 5% clause on cultural activities. There was a clause in the Watson Island Development that 5% of the gross be expended by Diplomat World in cultural; and we defined what cultural activities were. We also stipulat- ed that no less than -was it three or five million dollars?- $5,000,000 be expended in landscaping. That one we did because we weren't sure what Diplomat World would do; so we locked that in. Here, everybody assumes that Rouse is Rouse, and Rouse will do well. Rouse is Rouse today, but may not be Rouse in three years or five yearn or ten years, and we need to insure that somehow we have a clear under- standing in the contract, as to how that's going to be. Anything else? AT THIS POINT THE CITY COMMISSION RECESSED FOR THEIR LUNCH BREAK AT 12.25 P.M., RECONVENING AT 3:12 P.M., AT CITY HALL, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER JOE CAROLLO. 17. EXPRESS DEEPEST SYMPATHY AND SINCEREST CONDOLENCES TO THE FAMILY AND FRIENDS OF FRANK COSGROVE, FATHER OF STATE LEGISLATOR JOHN COSGROVE# UPON HIS DEATH. Mayor Ferret Cosgrove's father, unfortunately passed away, and at this point, Commissioner Plummer wants to offer a resolution. Commissioner Perez seconds the resolution of condolences to the family of John Cosgrove. Mr. Plummer: Mr. Frank Cosgrove. Mayor Ferret Mr. Frank Cosgrove...the reason for Plummer being late is of course, that death. Call the roll on the resolution of condolence. The following resolution was introduced by Commissioner Plummer, who moved its adoption: sl 50 May 24, 1904 Kr e} , 3� THE DIMIST SYMPAT14Y AND SINCEREST CoNbotty s OP, T C t COMM 5l " OP THE CITY 0,9 M1AMI Aim ITS CITIZENS TO T t_ FAMILY Aft Pstl=g Of r9ANK COMM" . . 1. UPON HIS DEATH (Here follows body of resolution, omitted here and on file in the Office of the City tletka') Upon being seconded by commissioner Perez# the rdd0ld tion was passed and adopted by the following vote-.,- AYESs Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo N-------- - -----rN--N--N N 19. REFER To THE ADMINISTRATION FEE WAIVER REQUEST BY COCO- NUT GROVE ELEMENTARY SCHOOL FOR $212 IN ORDER THAT THEY HAY PARADE ON THE STREETS IN CELEBRATION OF THE "JOELLA GOODE DAY". ----------------------------------------------- Mayor Ferre: We have a request by the Coconut Grove Elemen- tary School for a June 12th Joella Goode Day. Mrs. Goode, as many of you may know, is has been the principal of the school for 30 or 40 years and they have requested... they'll have a parade of all the students and teachers from the school at Peacock Park in the morning. They want a fee waiver of the $212 to parade in the street, which includes $30 for the parade permit, $126 for the three officers, and $16 for the sergeant, and $40 for administrative surcharge. Is there a motion? Mr. Plummer: I make a motion they hire security guards. Of course, you can't deny that right, Mr. Mayor, I move it. Mayor Ferre: Is there a second? Mr. Perez: I second. Mayor Ferre: Further discussion? To my knowledge, this is the first time we have ever done this. Carol Anne, you understand you are now setting a precedent which has never been set in the City. Mr. Plummer: Carol Anne doesn't have the first hesitation of being first. Mayor Ferre: I certainly think that it's important that we put on the record that we are not going to be doing this. From now on I can just see the barrage of these things com- ing. Mr. Jack Eads: Sir, perhaps we can be of some assistance. The Police Department might talk to the school and find exactly what it is they are trying to do and maybe we can facilitate that without the need for any additional funds. sl 51 May 24, 1904 t C Mayor Verret Without setting the procedbAt► Y �. Rt i ° Udo t Yes a sir. ill surel &000t that # Mr, Plt�f�ier: � � � � • � � . Mayor Ferret Carol Anne, please deal with the Adrainistralft tion REQUEST FROM MPRESENTATIVES OF "MIAMI STIC M 19. GRANT CHAMPIONSHIP TOUR U.S.A.' FOR USE. Or. CITY�S INTERIM PARKING FACILITY MO. 24 EAST OF BISCAY= BLVD6 & 18SARY Co THE F.E.C. PI%OP$RTYe AUTHORIZE ISSUANCE OF ON PERMITS- ------------------------------ Mayor Ferre: There is also a request by the Miami Stickball U.S.A. Those of you that have been up in Brookline Miller, or wherever it is that they play stickball, in New York City, you know how important a stickball is to minority communities. A stickball street ball championship is going to be played in Miami. We have here a letter from Frank D. Roy, of Miami Stickball, U.S.A., requesting that they want to use J. L. Plummer's parking lot out there on Biscayne Boulevard, -it's not the Grand Prix parking lot. Is it? It's the Off -Street Parking Lot. Unidentified Speaker: It's the City of Miami interim park- ing lot #24. Mayor Ferre: I thought that you could play stickball on grass or a baseball field. Unidentified Speaker: No. Mayor Ferre: It's got to be asphalt. Unidentified Speaker: No, that's harmless. Playing on grass is harmless. We are looking for something harmful. Mayor Ferre: So I said yes, I would be happy to sponsor the played Stickball then asphalt surface . When Stickball going to be play played? Unidentified Speaker: This year, this coming September, for Labor Day weekend, we're going up, representing in our own way, the City of Miami, in the World Series of Stickball that Mayor Koch has invited us to attend. In '85, we are the host city. San Juan will be here, Orlando, Miami and ourselves participated. Mr. Plummer: What time of the year? Unidentified Speaker: Basically, in September. What we are looking for, Mr. Mayor, is a field to call our home. Right now we're playing in the parking lot of Levitz Furniture. It's no fun because one of these days they are going to as us to leave. It's a Sunday activity that is played usually between the hours of 9:00 and 3:00 in the afternoon. Mayor Ferre: The only problem that we have, I want to make sure is that we are covered by insurance and all that. Unidentified Speaker: If we need to sign some release forms, we take care of our own advantages and what not. sl 52 May 24e 1984 p ummer.. lt':e .fair a Sunday sO you . don' t nded i + . . parking, Unidentified -Spe�►kr� tf lsyr during work days tote field is like.one quarter full, beuaube a lot of the offieds w are located further south. I've been there daily sysalf. on week -ends, on Sunday there are anywhere from ten to 5 fifteen care in this immense parking lot. Mr plumper: Wait a minute. Can we grant a waiver of an Off Street parking domain? Mayor Ferre: It's our land. It's very simple. --All they want is they want to use it on Sundays to play stickball. They want us. to be their sponsors. That doesn't require any money, as I understand it. Unidentified Speaker: We provide our own transportation to New York. Mayor Ferret They do their own thing. They just want to be sponsored. The City of New York sponsors a stickball cham- pionship in New York. Whomever is the champion there, wants to come play with the stickball champion of Miami. Unidentified Speaker: We'll be bringing the trophy back, if you will, to Miami in the fall. Mayor Ferre: I believe that. Mr. Dawkins: If you don't, you don't get the street. Unidentified Speaker: O.K., I got you. Mayor Ferre: Miller Dawkins moves. J. L. Plummer seconds that the City of Miami be an official sponsor of the Miami Stickball.... Unidentified Speaker: It's the Miami Stickball, U.S.A. The team representing the City of Miami. Mayor Ferre: And that they can use the asphalt parking lot off Biscayne Boulevard that was made by the Off -Street Parking Authority in the F.E.C. property; provided, however, that it be during a non -parking time, which is a week -end. Secondly, that it meet with the approval of the Administra- tion on the details. Thirdly, that it be properly covered by insurance and other expenses of that sort. Call the roll. Unidentified Speaker: Thank you very much. The following motion was introduced by commission- er Dawkins, who moved its adoption: MOTION NO. 84-580 A MOTION GRANTING A REQUEST RECEIVED FROM REPRESENTATIVES OF THE "MIAMI STICKBALL CHAMPIONSHIP TOURNAMENT U.S.A." FOR USE OF THE CITY OF MIAMI'S INTERIM PARKING FACILITY #24 EAST OF BISCAYNE BOULEVARD BETWEEN N.E. 6TH STREET AND N.E. 8TH STREET ON THE F.E.C. PROPERTY; AND FURTHER AUTHORIZING ISSU- ANCE OF THE NECESSARY PERMITS. al 53 May 24, 1984 i �.f Y�Y ,�� � C - _ �.'.� t3 k ti• � 1 f t� A is P *�. £ '�� •S z.fLL F - x�Y being ecoaded "comfit,the W lflWYUpon . .: n. :c § wagaaseCl ' +� ,adopted try , t'he €ollowing vote" .. A i s iei + er M filer . Dawkins commissioner J. `�ine�Mayor Gemetrio J. Peres, Jr. Mayor Maurine A. Ferre 1 NbE5s None. ARSENTs Commissioner Joe Carollo r.rl.i.rr.1.ilili.iir.i►..iY..1.f1..nw.Wi.Yiti..—r.Gril..r— .. _ 20. AUTHORIZE CITY HAMG2R TO ATA OCA'i'8 056000 FOR P~CTRC ►SS OIL TICKETS TO THE "MISS AFRO-AKRICAN BEAUTY PAGE • r rNr--Nr-��-NrNNr�rr��NN�Mayor Ferre: Now we have a pocket item by Mr. Dawkins on Miss Afro- American Pageant. Mr. Andres Greyson: To the Honorable Mayor Maurice Ferre, City Manager Howard Gary, and the Miami City Commission, it is an honor and a privilege. My name is Andres P. Grey - son, President of Miss Afro-American, Inc. Xt is a privi- lege to appear.... Mr. Dawkins: Ask* for what you want. We have a lot of business. Mayor Ferre: You have been to T e e have read recommendation. have analyzed your request.Y Just tell us exactly where you are so that we can move along. Mr. Greyson: We would like for the City of Miami to pur- chase 1,000 tickets for disadvantaged youth to the 1984 Miss Afro-American Beauty Pageant. Mr. Dawkins: What will the 1,000 tickets cost? Mr. Greyson: $10,000. Mr. Dawkins: I have a recommendation from staff, who you visited with. They recommended that we purchase $5,000 worth of tickets from you instead of $10,000. Therefore, I move the staff recommendation. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by commission- er Dawkins, who moved its adoption: MOTION NO. 84-581 A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 FOR THE PURCHASE OF TICKETS TO THE MISS AFRO-AMERICAN BEAUTY PAGEANT. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - al 54 May 24, 1984 FFF� ✓ fy t ra fr Sw { j''S �'c' � 5 k re - A : C t3+e�i suer Miller J. i��ey►Wk n* �y{q�y7 y y+ } ViIM'l��ii��6i W. ice. I Yh 'Via: ja;-mad of Perot# Jr. fifi�ybr Meuri�e A. �'e�re �. Monti e. I ARBRNT% CommissionerJoe Caroll+b ; X - ���Ii11lYiii(..i►��NiliNfl.ir�WibWY.�.���i�� � �' 21. APPROVED PROPOSED A�1 8 •M1AMI WORM TRADE, CS31DRVEhOPMRB'r ORDBR, A D. R. I . IS DOWN MIAMI 1'SR YSAR� (STIPULATION FOR AN$XTRNSIO�t OF ONE • -------N--M�rr�.i�r� Mayor Ferret Take up item number 8, Mr. Martin Fine. This I understand it, on is the item which is a continuation, as extension of one the Miami World Trade Center. There is an development order to build the first year to comply with the ten stories of office towers. J. L., are you all right on this, or do you still have problems with it? Mr. Plummer: Mr. Mayor, I'll go for the one year extension the record, Mr. with no problem. I want to put on requested, I have received a since our last meeting, as you inviting me to sit down with Mr. David call from Joe Ware and discuss the matter. I will be doing, as requested, ;! Paul and I'm thankful to Mr. Fine for arranging that meeting. Mayor Ferre: Mr. Perez, do you have any problems with this? °I Mr. Perez: No. Mayor Ferret Does anyone wish to speak on 8? This has the Administration's approval, right? Is there a motion? Mr. Plummer: It says approval with modifications, whatever that is. Mr. Sergio Rodriguez: That was the extension of one year. Mayor Ferre: Is there somebody who wants to move this? Perez moves. Is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer. Call the roll on B. Further discussion? I al 55 May 24, 1984 Y The oli+ it�g ' eBDi t . t� fee t dducad try , parer., who moved its edoptiobt 1404, y g nBt�LUTIOt4 140 4 1� A RESOLUTION AMENato 'THE Wonf) �TPIDE ENT a CER PROJECT DEVMpt4S ORDER ( RED b- LOTION 82W463, MAY 27 r 1982) 8y A�tEND� ING CONDITION 17 OF SAID ORDER TO EXTEND THE TIME WITHIN WHICH SU$STAN' TIAL DEVELOPM,14T IS TO BEGIN FROM TWO YEARS TO THREE YEARS OF THE RECORDED DATE OF THE DEVELOPMENT ORDER► AND FINDING THAT SUCH AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES• ed here (andeonofilesinotheoOfficeloflthe CittyClerk.) an Upon being seconded by Commissioner Plummer, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENTS Commissioner Joe Carollo _ •� �-NNN-N-�----N------- N _1----N---------------- - -- 22. APPROVE PROPOSED MODIFICATION IN THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN; AUTHORIZE MANAGER TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT WITH EMPLOYERS INCORPORATINGTION THE EMPLOYEES AND MIAN GENERAL PROVISIONS OF SAID DOCUMENT- ----------------------- - ------ - ------- N N---------N Mayor Ferret Item 46, this is a very quick item. Mr. Manager, does item 46 have your recommendation, Randy? This is the Miami City General Employees Retirement Plan. Mr. Gary: Yes, it does, Mr. Mayor. Mayor Ferret This is the collective bargaining o have ment any with each of the organizations. J. L., do y problems with any of this? Mr. Plummer: I have to ask a question. Mr. City Attorney, since I sit on the other Pension Board, do I vote on this or I don't? Mr. Garcia -Pedrosa: You vote on it. Mayor Ferret Does anyone have any problems on item 46? It's been moved by Dawkins. Who seconds? Mr. Perez: Second. Mayor Ferret Perez seconds. Further discussion? Call the roll on 46. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: 56 May 24, 1984 y w i - 4: RESOLUTION Nth.. i ter•.. x . r 6 A H$SOLUTION APPROVING AN ATTAC D DOCUMENT RELATING TO A PROPOSED MODIFI� THE CITY GENSEAIr CATION IN T, PLOYEES REITIREMPNT PLAN AND At1ttiolkl too THE CITY MANAGER TO EXECUTE A COLLEC- TIVE BARGAINING AGREEMENT WITH EACH OF THE FOLLOWING ORGANIZATIONS: 6ANITATION EMPLOYEES ASSOCIATION AND THE MIAMI GENERAL EMPLOYEES/AVSCME LOCAL I9070 AFL-CIO, INCORPORATING THEREIN THE PROVISIONS OF SAID DOCUMENT. (Here follows body °lofithe �itytClerkhere ) and on file in the office Upon being seconded by Commissioner Perez, the resolu- tion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo .I ---------------- -- -------------- ------ 23• COdTZ�IUED DISCUSSION FROM LABEL+ 16- APPROVE AGREEMENT WITH BAYSIDE LIMITED PARTNERSHIP ON BEHALF ECIALTY CENTER OF WITH MIAMI, INC." re BAYS SPECIAL STISTIPULATIONIgCORPORATE DISCUSSED AMEND- _ MENTS AS PROFFERED AND DISCUSSED THIS DATE' ----------- N---------------- Mr. David Weaver: For the record, David Weaver, with offic- es at 800 Brickell Avenue. I'm representing the City Manag- er's negotiating team for the Baysi e agreement w th the the Rouse Company. First of all,i appreciateyour giving u with answers opportunity to spend the lunch hour coming art of the job, to all of your questions. Indigestion is p I've been told by Mr. Gary. Do you have any extra ones, J. L.? We will try to go down the list of issues raised by ly. There are some issues where there each of you individual is duplication, particularly in the area of minority par- ticipation. The way we are going to handle the minority issue is that we will be handing out a copy of Section 4, entitled Evaluation Criteria, Minority Participation in the se Proposal. That is the outline from which that adden- Rou Rou to the...Mr. Doushe will speak specifically to the dumcnt of this entire issue of the minority program 1 shoeoa:ex Regarding section 4, so he will speak specifically J. L. Plummer's concerns, first the Grand Prix issues. I am looking at the letter dated May 24, 1984, signed by R.A. We'll ad - Sanchez and addressed to Commissioner Plummer. WeSanchez dress that first. With respect to demolition, Mr. questions when the demolition will take place of the audito- rium. The intention of the City, and we will agree with the Rouse Company and with the Miami Motorsports that demoli- tion will be completed before February 23rd and 24th of the year in question, which I believe is 1966, or if such demo- lition has not taken place, wloso after that. will not be any conflict beteen the demolitionprocess and the Grand Prix that year. 91 57 May 24, 1984 +i+�r Thh , walkasy r ta ut' a J Mr i WGAV*r I -_ Mr:. Plu�rti►er: 'The walkway above# is that part Of .gip. }� ti6ft? - .. sorry. Above which? 'yes, that's correct, Mr. Weavert I'm tt's my understanding that does not belong' to Mr= Plumert the restaurant. Is that correct? Mr. weaver The restaurant only has the lease premisadr- which is the restaurant itself. They have exclusive use of the area. Mr. Plummer: Isn't that part of Miamarina? The elevated walkway is part of the.... Mr. Gary: No, the elevated walkway is not part of marina. They have utilization of the parking area and there is prohibition against using the other parking area without their approval. They have also.••excuse me, I was talking about Restaurant's Associates, excuse me. They have only the waterway, the Miamarina. Mr. Plummer: Mr. Gary, I beg you to look into that, sir, because Mr. Post has paid $10,000 by the Grand Prix for the use of that walkway. Mr. Gary: That is correct. Mr. Plummer: And that will be demolished. Have you a contract with Mr. Post to demolish that? Mr. Weaver: We do not, at this time, have any contract with Mr. Post, and that is of course.... Mr. Plummer: Excuse me, the question has to be... Mr. Weaver: It will still be there through the 1985, which is the year in question by Miami Motorsports. Mr. Plummer: What about after that? Mr. Weaver: After 1985, the objective, Commissioner Plummer between now and the end of June, when all these agreements are presented to you is to have an agreement which is complete between not only Miamarina, but Restaurant Associates and any other parties which are in this agree- ment. Mr. Plummer: Part of your agreement speaks to a disclaimer in reference to Miamarina. Part of your contracts, this contract that we are working from speaks to a disclaimer as it relates to Miamarina. How do you expect to negotiate with someone you have disclaimed in this contract? In this contract you speak to the fact that the City use, Bayside will not get involved with a court loss of revenue nor the demolition and construction of Bayside. That's already in your contract. How are you going to go back and negotiate with Bayside something that you don't have possession or control over at this time. In other words, my question is are you promising something to Bayside that at the present time you don't have control and for the foreseeable future you won't have control? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. sl 58 May 24, 1984 S " yy i.�a� M"., 3. ne :�r1E3aile r Hook. these pe�ple:.i ee�e�►, to the e. Le pr+ em.; a `� telling :you I�. the theme ��e V tr 06tentia� or a p obiet . think you have tee go - i�►to Batt etty well it it is a default on the pat o� thy! City .that. it they cannot give p esession to. that walkway, Akt think you have a problem, I think you think you have Problem. ; a, aconis: I think what we got is the need to.negr�t3 Mr• I parties who are party to this ate an agreement with all the p entire project. That has to be done prior to June 30th. Mr, Piuer: I am saying to you that l am so noting for the. a record, I see it as a problem. Mr. Iaconis: Thank your the second point you raised during the letter, it was raised in the letter.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Iaconis: Mr. Sanchez refers to two-way traffic on Port Boulevard. The Rouse engineers have no intention of widen- ing Port Boulevard, and they don't have any rights to it anyway. Thirdly, the question of removal of construction equipment in 1986- Mr. Sanchez is concerned that it might be unsightly to have construction equipment showing will on television during the Grand Prix. The Rouse Company clearly be unable 'to stop construction and to move large construction equipment. It's their intention, however, as they have stated in their letter and as in discussions with Mr. Douch. It is their intention to cooperate to the fullest extent possible to clean up the site to make sure However, I the construction equipment is not in the way' hoHo be to the should raise the point that it will clearly benefit of the City of Miami to show on national television exactly what is going on in Bayside. The fact that a major Rouse Project is being built at this time is something rather a positive for the that will not be a negative, but City. Mr. Plummer: But it will not in any way hinder the race. Mr. Iaconis: It will not. Next point was the question of various roads. The Corp of Engineers will build a road along the bay, I think was on the letter which you re- ceived, the Rouse Company agrees to build the access road, the yellow road, which is referred to. Mr. Plummer: That's the one from the present road over to the baywalk road. The question there, and I think this is s Ferre's question as well, that road will not interfere with the amphitheater. Mr. Iaconis: That is correct. Mr. Plummer: And that it will be done prior to the race. Mr. Iaconis: That is correct. Regarding the access during the Grand Prix, the City has the right to close off the park during the Grand Prix and for the exclusive use of the Grand Prix. It cannot, according to this agreement, deny access to Bayside. However, Rouse understands the concept of having to get into the project via the bridges; they have agreed to cooperate and they will work with the Miami Motorsports. Regarding access to the parking structure, after completion, this is more complex because we will effectively be denying access to the parking garage to Bayside tenants or Bayside users during the Grand Prix. sl 59 May 24, 1984 WwCY@i ,. a PauC {irW.N n�[ ande v� ndtr, ih i'� Y ttRtt.11.` be hepslw►y t©A� uzYtB� na eto pen } Mr. Plum I Md they understand that a fay a nd +� five days Mr, Iaconis: They understand that is for .a period of five days. It is olear that they understand that it i4 neaassar for a period of five days. One thing that is going to have to be negotiated .••• INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO TNT PUBLIC RECORD. RE Plummer: The question is what about the, since the present contract with Grand Prix does not call fotion addi- tional offerrefacility availability e, is the forf f -Street afive9in days a offer that Mr. Iaconis: It is willing to negotiate that for a period of five days. It did it last year. Mr. Plummer: Mr. Iaconis: What they negotiated was the meters. That is correct. Mr. Plummer: That is not the problem which islem is the considered actual facility itself, the building l be the pits, that is no charge to the that Roger Carlton Grandkn .wing Prix present- ly. Roger, y. They are he's going to stick meters all over everywhere. Mr. Gary: No, no, that's not part of the agreement. Mr. Plummer: Bayfront Park Auditorium is part of the agree- ment, present. There is no charge. What I want to get on as in the record right now is the f at for th it theywillpitseduring years past the use of that fac litY the Grand Prix race at no charge. Mr. Weaver: I'm not sure that the parking authority can agree n that, and believe negotiated separate rig thene which parking is going to have agreement. Mr. Plummer: David, I have a real tough time when you put me outside looking in. I like to negotiate when I'm inside looking out. Mr. Weaver: I think the issue, sir, is that if you re going to be raising or issuing bonds based upon p g revenues and you are going to be asking the Rouse Company to guarantee those bonds, you can't give away two days of parking, or five days of parking. Mr. Plummer: Excuse me, Mr. Weaver,, I think this City has a binding contract with the Grand oAt this point, and this is just as much from the opposite side as it is from the left, if ou rY that contract, and you cannot ve a contract with the rago promise nd Prixt You have to hono ert second time the same piece of property. Mr. Gary: Commissioner Plummer, if I might, first of all, Mr. Weaver has stated that this lease is granted to Rouse and that Rouse is willing to make the concessions that in terms of having access to thee land that they are going to be phe aying for, which we b endeld think also Grand Prix will lhas ze tto other parking facility, then I sl 60 May 24, 1984 J` t t L1ilderstat�d too thhV they have to comprOSLA6 a Sd 4f : could u read portion of the 1eaee -V n & tiur►ent ►ti e, because t, think these _types of ►rcibl� to . g�Yked out*tt says basically that Page, qbe of tih+ ,�►qf`e meat with the brand Prix "Parties hereto recognise that a portion ;gip of Uayfront Park may be under construc- tion during the first year and possibly future years of the races. Should such , construction interfere with the staging ball held in of any race circuit event shown it drawingbe attached the hereto." So they recognize that. Page 3: "It is understood that the licensee agrees to make separate arrangements with, any entity having a legal inter- est in the areas located within the racing circles contemplated by t his agreement including but not limited to off -Street Parking Authority for the use of the property which they control as necessary as well as the manager of Bayfront Park Auditorium for its use and appropriate State and Federal and local authorities regarding the.... What we're saying to you is.... Mr. Plummer: You have a problem. Mr. Gary: No, I don't. What we're saying to you is if the City, prior to February 23, 24, 1985 demolishes Bayfront Park Auditorium, we would not begin construction until after February 23rd or 24th. Mr. Plummer: I understand that. Mr. Gary: There you have bare land. Negotiations for that are very simple for the mere fact that there is no property and there is no interest that has to be paid on thee struc- ture. The problem becomes not that year, but the following years. Mr. Plummer: When the thing is built. Mr. Gary: When the garage is built, we have debt that has to be paid off for that expensive parking garage. The parking authority and/or Rouse cannot close down that facility on a Wednesday, Thursday, Friday, and Saturday without having an effect. They can close it down Friday, Saturday and Sunday toward the end of Friday, Saturday and Sunday, because obviously you can't cross the path of the race track. But it appears that in order to amortize the debt that the agreement has to be worked out wherein the Grand Prix people would utilize a portion of the garage Ifsit staging area with a nominal fee to be paid for that. is not a nominal fee, they can use a portion of it, J. L. Mr. Plummer: Mr. Gary, does the Grand Prix today have the right to use Bayfront Park Auditorium as their staging area? Mr. Gary: As long as Bayfront Park Auditorium exists. Mr. Plummer: Because it states that. Doesn't state that. That is part of their agreement with the City. Mr. Garyt That is not what the agreement says, Commissioner Plummer. sl 61 Max 24, 1984 ^t � al Mr.- hl+eavr r May ► think maybe What . er.�r�. n; hero is discussing . a►� internal �+�� ��►�tertis �we � an �X� �a� t with.n the �ity�tse fact th tb , ar mission has the right to true �rothe n �the� s� t +.- waivs retntai or to simply rental. _ Mayor Ferret We ear► pay from other sourcee .. We . c�aftfi t instruct them to waive it, because they have bona +6bla� tions and you know what they're like. Mr. weavers The point I'm trying to make is that we have bond obligations. There are certain things that you =nit do to affect the payment of those bonds= but the Cityr wishes to give free rental to Sanchez an ement of d some Miam kind Motor - arrangement sports can do so by simply ar g artment. This is an inter - negotiation with the parking depus an d not between uan nal matter between City departments and Rouse. Mr. Plummer: Isit understood casey then I have no problem.this Comission that e have to pay? If that Mr. Gary: We have no problem, J. L. Mayor Ferre: Number one, e'the this rte=.8e Numberttwomous thebOffa created and protected y Street Parking Authority is under law instriicted to put a can to parking meter anywhere and everywhere it can .ustifylect it. maximum amounts of money, as long as they Number three, we can't stop them legally, unless we change the Charter. Number three, they owe money on bonds. Those bonds are covered by the income that comes from the meters amongst other things. Therefore, we cannot ask them not to have meters, but what or c give them either substi- tute souerce of money just pay it - Mr. Plummer: O.K., Mr. Mayor, but where this differs we isr a talking about a parking structure, not meters. Therebig difference. If you so have that written in into the bond indenture, knowing owigitf and so advise. in advance, vnce, then the bond market will understand Mayor Ferre: You can do it that way. In other words, when you sell the bonds.... Mr. Plummer: That's right, as long as it's up front. Mayor Ferre: Yes, you can. Mr. Gary: Don't put that in there, Maurice. You don't want to put that in there. You don't want to do that. Mayor Ferre: What it does is it warps the bonds. Mr. Gary: You don't want to do that. We'll pay for it. Mr. Plummer: Mr. Gary has put on the record he will pay for it, if it becomes a problem. I have no problem. Mr. Weaver: The next issue with alot respect o Miami interfaces Motor - sports is that there are going to be between Miami Motorsports and the Rouse Company. hit'savetclear that the officials of both entities are going to it down with each other and negotiate that interface. I would draw to your attention the letter, which is in your packet dated May 22, which states that the Rouse Company recogthe anizes the benefits to the Miami community generated d y running of the .udedaai Grand requirement Prix. The City's request for that the 8 yside proposals included Specialty sl 62 May 24, 1984 iC M�1 tenter 1��to ject �,cconodate the tAL�o course end! the +��t�.` thn A6iA►nd 604x event. We would like to Iassure YW t% ft of we e►t'husi>icaily support the Miami Grand Prix and "vanIsis- bt tent Stith the provisions of our lease With the MY � �.l"` �i interfere with the event- our proposal includes the design and d6notruction of a.service road systems which epeoifical ly was configured to accommodate the portion of the trace course line within the lease site. in order to insure 'the continuing success of the Miami Grand Prix, the proposed lease agreement for the Bayside Specialty Center includes the following language: "The developer shall abide by any and all license agreements -between the City and the Miami Grand Prix and shall cooperate with the operator, Miami Motorsports Inc., its successor and assigns. Nothing in this agreement shall be construed to modify exhibit "L" and developer shall or cause the City to violate any part of exhibit 11L11. Such events, greatly assigned, enhance the excitement and visitor participation in Bayside, Bayfront Park, and downtown Miami, and are in our mutual best interest. Sincerely, Michael D. Spear, Executive Vice President." Mr. Plummer: That's fine. I just hope they know the prob- lems that are going to exist in especially those three days, the Friday, the Saturday, and the Sunday. I.don't know how people will be able to get to Bayside without buying a ticket. Mr. Iaconis: Commissioner, I think these people look at it as an opportunity and not as a problem. -° Mr. Plummer: Great. Mr. Weaver: The next issue was the copies of the con- tracts. We are in the process of getting; we have the contracts which we will use l deliver to the City Company and theirs of the various contracts between th projects, Commissioner Dawkins, in New York, Boston, and Baltimore. Mr. Plummer: Let me ask you a question, very quickly. Is there a favor of the nation clause in these contracts? Mr. Gary: What favor of the nation do you want? Mr. Plummer: Favor the nation, if one of these other three get a better deal than Miami, we get equal treatment. Mr. Gary: No, no, no. Mr. Weaver: The answer is no. Mr. Gary: We have a better deal than anybody else. Mr. Weaver: Do you want us to go down to their level? Mr. Plummer: No, no. Mr. Weaver: Which side are you negotiating on, commission- er? Mr. Plummer: You know which side I'm on. Mr. Weaver: The next item was your question about using this project as collateral for other Rouse projects. Mr. Plummer: For any other project. i I sl 63 May 24, 1984 r iiaa br any other project# that is s i�ifigal�y the iaasa, . rohibitad ohm ages Go and 61 of allowed, to encumber -the. leasehold: estate .fdr : ►a s01.+� a, of -firiarioing the constructi6ft of any impt0VG 49kt& � pe ce p ,y. {,, y o a y .:.'1hat ` s it r pursuant to the ri��'�� Vf' t�Y lease. the pro motional rasttictit titmm�f _ Next issues regarding there your eohcerh was perhaps twofold. Cris, that assume they don't promote enough. Two, that they promote too much? Mr. Mummers No, sir, in other contracts this City has Island, the Convention Center., there signed, such as Watson X number of dollars which were stipulated icon - was tract for opening festivities and opening promotions. $100,000 set aside for believe in Watson Island there was advertising. How much? Unidentified Speaker: $1,500,000 was set aside. Mr. Plummer: A million and a half for Watson Island. How much for the Convention Center? Mr. Garys Yes, but see, you are confusing the two issues. ing The million atsmall amount waswas for p expenses, but that does for the gala k nds f activi8 not..* only ties. them to 'start off al st what I'm n other words, I going to consider as nation-wide publicity - Mr. almost 9 Mr. Gary: I think they are going to do that, Commissioner Plummer. As we said before, this is a reputable firm, and they are going to want to make money also. I think for us to sit in a management position for a reputable firm, I think would do harm to them in one of two ways. We can ask them to put in too much or too little. Mr. Weaver: Can I comment on that also, , and Gary? thee have lease even more control than that. on page15 we state that operating expenses means all reasonable and normal expenditures for a waterfront specialty center. We believe that we have the right, under this clause, to insure re that all reasonable and normal expenditures are made. know that the Rouse Company has made expenditures of a certain magnitude in Boston, in Baltimore, and in New York. They are going to make the same level of expenditures here. The next issue, regarding ad valorem taxes, you will note in your lease, specifically on page 38, item 2.6, that is not specifically included. Mayor Ferre: You were going to give us the estimated figures., Mr. Weaver: Coming up. Mr. Gary: 1 have them here. Do you want to do them now? The estimated figures for ad valorem taxes, including the school, I could do it separately by showing you what the City of Miami makes. In 1986, estimated $250,000; in 1987, $1,357,000• Mayor Ferre: This is strictly ad valorem. Mr. Weaver: This is the total of all the taxes. Mr. Plummer: All three? Mr. Gary: This is all the taxes. I can give you ad valorem, if you want them separately. s1 64 May 24, 1984 iv { S,. Sjini ATY� y� * the act VAlarem. ar host year 4-841 � 00 t it goes lip all theAd first ye fioa� to 1�t of 1994 V6 malty �{ y y� �C3► �f this'E►art alsoi lip t�`a7it/i00. Y#�� doVn `thin chart right quick* Mr. pluamtrs This is ad valorem only. n Mr. Gary: Yes. Mr. Iaconis: In the last year; 2031, the ad valorem tay. - would be $6,854,000• Mr. Plummer: The second year of ad valorem at $801,000, what number did you predicate that ad valorem tax on? Mr. Iaconis: Checking with the city 's property manager, we used a $90,000,000 construction development cost, at 80% of assessed valuation. Mr. Plummer: What about property? Mr. Iaconis: According to Mr. Don Stuart, he indicated that property is not considered part of the tax base. Mr. Plummer: That is ad valorem. Mr. Iaconis: Ad valorem, as Mr. Stuart has indicated to me, is property with improvements. There are restrictions on how taxes are calculated on unimproved property. Mr. Plummer: I took the second year because obviously that's the year in which it would be improved. Mr. Iaconis: Actually, 1986 is the first full year. Mayor Ferre: This is no different than what Earl Worsham got. Mr. Plummer: What year are you showing them that they are paying taxes on improved property? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Iaconis: One of the items that Mr. Stuart indicated was that the Dade County tax appraiser to set a value, some value that they were buying. Mr. Plummer: We know that their improvements are $90,000,000•t would bea$90ady in 000 000the plus.ecord. So, in my i estimation, Mr. Iaconis: So% of that is correct. Mr. Plummer: ....plus the profit. Mr. Iaconis: They have agreed to pay all public charges, regardless of what they are on the property. You are going to have to determine what the value of that land is, or it's going to be determined by an appraiser, and you are going to be paying taxes. Mr. Plummer: Excuse me, that is what the Dade County tax appraiser will be setting. So, I'm looking at this ad valorem that's going to be higher. Mr. Iaconis: component. This is a number which is missing one major al 65 May 24, 1984 t i c T f T04 ` -i�r��rna�i. �rorty�. intaftgWt' .aax%8aT1I[ iuttter:' triat7 How such it that ted tho Mr taconis t Checking : with Mr. Stu o tat is only on State Department of $avenue, the intangible ownership will be a partnership corporate stock. The fOtM of stock is what is taxed by the Mate. and corporate F Mr. Plummert There is no intangible tax? Mr. Iaconiss Once again, discussing with Mr. Stuartu who called the State, if It is a partnership.... Mr. Weavers ...Mr. Stuart, who called the State if it is a partnership would not be included and we can certainly check on thatr but we did not include any intangible tax in the State in this projection. Corporate stock does have a tax on it. Mr. Weaver: These gentlemen, these people are prepared to pay all taxes that are levied by law on this property. The next issue was regarding the four million dollar contribution. We believe that this project will meet all the requirements for a UDAG Grant in the amount up to twelve million dollars. Mr. Gary: Mr. Mayor and members of the Commission, this is a abut four arrangement and the whole deal with Rouse Company is contingent upon us doing the Park and we need the UDAG Grant for the park and we will apply for the Thank you, sir. Mayor Ferre: (COMMENT INAUDIBLE DUE TO TECHNICAL DIFFICULTY) - Mr. Weavers Regarding the bay walk you asked a question Commissioner Plummer, if the Corp of Engineers were to fail to fund which we do not believe is the case, in fact we have reason to believe that that is definitely not the case, we would utilize the FP&L Franchise Fund to cover this commitment. Regarding the last page in the lease document where Miamarina was included in the lease premises, that was included in the documents. We agree with your notes there, that is not the case. Regarding the minorities and minorities programs as I mentioned we are going to handout copies of exhibit four and Mr.Dausch will be speaking to that specifically. I'm sorry exhibit I is... (BACKGROUND COMMENT INAUDIBLE) Mr. Weavers That's correct. Regarding the timetable for appraisal and exhibits, we are now in a situation where the clock is ticking on the timetable for the entire Bayside Project and we are required to have all documents, all agreements signed and executed by June 30,1984. We have one month for all appraisals and exhibits and requests have gone out to appraisers. Regarding control of the parking structure, you asked who controls the parking structure and how does the bonds work. That is clearly and area where negotiation is going to be taking place between the Parking Department and the Rouse Company. The concept that was proposed in the Rouse proposal was that the Department of Off -Street Parking would build to Rouse's design with certain limitations which will be in the contract. They will, the Department of Off -Street Parking arking.Will will build and will manage the structure in a exchange split for i profits made from the parking sl 66 May 24. 1984 G'�. :f i(?, 41, Rt�use assuming all risk and all negativeart flit t� ent of the bond � the Rouse C00P&ny--- this is �► final �..��. the Rouse Companytake capital lease arrangement possession of the 9era96 until the end of the lease at Which tine the garage reverts to the City. t9ACKGROUND COMMENT INAUDIBW . Mr. Weaver: They can't default because the Rouse Ca., is guaranteeing it. Regarding control over the the bonds will be sold under the parking bonds themselves, Department Of off -Street parking auspices- It must be approved by the City Commission. However the debt service payment will be the liability to Rouse Company. So we have total control over what those read. Regarding the question asked by Mr. Perez and Mr. Dawkins, the two questions that I got done, there were number one, the whole minority program and again that will be addressed by Mr.Dausch. And the second question that I believe was asked was t g New n Yorke due diligence which we performed in going Boston and Baltimore to discuss with tenants the problems which had received some publicity. Mr. Dausch will be responding to that and I will be discussing that also. If we may pass those and then come back to Commissioner Dawkins. With regard to your Mayor Ferre, the Bayside name was not protected the contract, it now is. That is an negotiation which took place at lunch time. As far as estimated taxes, you have those numbers in fiont of you and we will clearly sophisticate those numbers as we get in. didn't have too much time to work them up as you could imagine. Regarding the competition agreement which is on page 94(A), Section 11.7, we think it's very important to the City to have the ability to be protected against the Rouse Company competing with us in or with Bayside in Dade and Broward Counties. I don't think we want necessarily to have another two hundred thousand square foot Bayside in Fort Lauderdale drawing people to the North. We have, of course, on the other side of that coin been forced to accept the Rouse Company_ at the Rouse Company's insistence that the City will not then turn around and compete with Bayside. However, because of the fact that there are certain programs on the drawing boards for Dinner Key and Watson Island we have specifically agreed with the Rouse Company to a one hundred thousand square foot retail exclusion which means that we can go ahead with the retail specialty center at any of the locations that we have been contemplating, but that cannot exceed one hundred thousand square feet. So, in this particular case what we are looking at is a lopsided deal. They can't do anything in Dade or Broward County. We can't do anything more than a hundred thousand square feet. Mr. Plummer: Question. what is you obligation Mr. Gary, in the Monty Trainer Development? That exceeds a hundred thousand square feet. Mr. Gary: No, it doesn't. Mr. Plummer: The old shed? Mr. Gary: No. If I recall the... that you are going to get this in the Dinner Key Master Plan that the Monty Trainer, both Monty Trainers, that the current facility as well as the one next to it would be something less than hundred thousand. And at any event they have agreed to... and they have recognized the fact that this was on the board before they started... Mr. Plummer: Oh, anything on the board prior to the contract is grandfathered. GL 67 5/24/84 'w• k -\ y f y d21tactlyb wiatiyty h 3 ., Oht i'e1 AOM4 Mot�tY . firait:er r Wgteon island r the .14erril ice' b Gary t x 3 . property Mr. Plummer,, The Coast Guard's property. Well, wasn'tdr, the Coast Guard property Mr. Gary: It's not a specialty cet'iter. specialty center anyway. Mr. Plummer: oh, well, just in case it wants to be. Mr. Weaver: No, no, they are not saying that anything that exist will be grandfathered. Mr. Plummer: all right, just those that contracts are signed on are grandfathered. Mr. Weaver: Correct. Mr. Gary: Well, not even those that the contract aren't signed on. Watson Island, the contract is not signed, but they have agreed to that because that was on the table before they came. Mr. Weaver: Up to a maximum of a hundred thousand feet. Mr. Plummer: Is that spelled out in here what projects are? 1_ Mr. Gary: Yes, it is. i Mr. Weaver: That is spelled out. Mr. Plummer: The projects by name are named? Mr. Weaver: No, we didn't mention them. Mr. Plummer: Might I suggest... Mr. Weaver: It says here not withstanding... It says the City may sponsor a project... the City agrees that it will not sponsor any waterfront specialty center within the City boundaries which shall contain more than one hundred thousand square feet of gross leasable area that shall be utilized for retain purposes where the merchandise mix similar to the merchandise mix being offered to the public at the project for a period of seven and one half year after the completion date. Not withstanding, but forgoing. The City may sponsor a project on Watson Island which may provide for more than one hundred thousand square feet of retail area where the merchandise mix similar to the merchandise mix being offered to the public at the project Development isth for rlrecreati purpose of the cultural Watson and marina Developm purposes. Mr. Plummer: You got a contract signed with Monty Trainer. Mayor Ferret J. L., is L., look. I am totally against any restrictive covenants that is restriction of trade. Ok. Now, it is one thing, wait, wait a minute. Mr. Plummer: That works oth ways which his good for use they are also restrictingYems GL 68 5/24/84 17, { {k ps k Mayor Ferret precisely. i don't want tit e► to restrict that if the pity �� A� - thet�seives. i went you to understand to have a co npdtitiv�e project the fact PortLauderdale Wan Rouse is not available, I mean. it's and, with ail due that but you 'h+�f� re hOt the respect# to Roush and you .guys reoodtge r fi�tt�t and beginning end the enc1. I meant are can just as easily compTherefi tail there is business that aye a competitive project. °. = a similar type of kinds of firms in California that have specialty center type it of operations. I don't care if Rouse puts one or ten. to me, because the economy doesn't make a bit of difference to decide that. And whether Rouse bids them and is going are going to be there, does them or doesn't do them; they the other side of it is this. I the economy dictates. Now, it is that the City of Miami is going to don't know what want to do in the next five or six years over here from don't know what Monty Trainer down to Grove Key Marina. I Latin Quarters Specialty Center along e we are goingto do on along the river. I don't know what's going to become o careful Watson Island. I think we have got to be very very lot better off not have and in my opinion I think we are a kind any where about restricting Rouse any discussion of any restricting the City of Miami. I understand that it's or got to be give and take, but I think this is a very foretell the fu dangerous area none of us here can get involved in trying torestrict do not think we should to where they can compete and therefore, I don't Rouse as think that we should be restricted either. Mr. Weaver: I might add for the record that the Rouse Company Boards of Directors approves this lease in this morning's directors meeting with this clause in it. If that's what you wish. Mayor Ferre: Well, I just do not think that we should be restricting the City. Now, I don't mind restricting Rouse, but if Rouse doesn't want to restricted then I think it's fair that they should be restricted. Mr. Weaver: Mr. Mayor, it's of course, up to the Commission, my only point would be that if the City doesn't intend to ininpracticality project, uild than a then we have ahundred thousand square feet very favorable deal from the City. Mayor Ferre: Mr. Weaver, you are an intelligent, wise man, but I don't think you are that wise thoat beu can building edicwhat future and I don't know who is going to where and I am certainly not going to... I mean, the majority rules around here and the three of you want to do it that's fine, you go ahead and make your motions, but I am going to tell you that I am totally opposed to restricting the City of Miami, who owners thirteen miles of waterfront property of saying that we are not in the next seven ... How many years is it? Seven and a half years not going to... I don't know what going to happen to Virginia Key. We may end up I cannot assure you that in thhe next seven and a half years we are not going to want to do something else and I don't... What? I will move that the City of Miami strike... that we strike that clause on competition and let it remain silent. Mr. Weaver: Ok. Let's pass on to the next issue. Mr. Plummer: No, no, no you got a motion on the floor, sir. Excuse me. Mayor Ferre: I made the motion and I pass the gavel to you. TheMotion Sectionst we strike 11W 7 and that the the ncontractt be moot ive se Is page • that the proper word? GL 69 5/24/84 -; rT its T t Y a Y to ppWyanl yvz 40 Zi gu t►�►�p�rt t Yea+; oft. k McY►c�eYettte . _i lent'ttet We bpi s i.+t�t Chet not address it for against Mr. 1unt►art 1 second the motion. Mr Perez is there any comments or any queeions Mr. Plutmnert Excuse me; time out for the legal bugle. 1�fir, Weaver; looking at that do you see any Other While he is l problem financially or any other problems created other than i the restraint of trade by the removal of that clause? Mr. Weaver: If the Rouse Company makes a decision next year _ to respond an RFP from Fort Lauderdale they can do it. Mayor Ferre: Terrific. The more the better. Mr. Weaver: By the way not surprisingly Mr. Doutch and representation of the Rouse Company would like to say something right now. Mr. Doutch: As Billy Martin once said, I feel very strongly both ways and that t a alemp notesred sure oI take should , thank you it with it 1 for in or with it all o that. Mr. Plummer: Call the roll. Mayor Ferre: Go ahead, call the roll. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 84-584 A MOTION INSTRUCTING THE CITY MANAGER TO STRIKE OUT THE NON-COMPETITIVE CLAUSE IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND THE ROUSE COMPANY REGARDING THE BAYSIDE PROJECT, AS MORE FULLY DISCUSSED BEFORE THE CITY COMMISSION ON THIS DATE 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 Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo FURTHER DISCUSSION: Mr. Weaver: The question the next issue was the Mayor's question about the air right over the garage. That was an issue which was raised quite recently and we have language in the last page of the lease document which probably should be in the parking agreement, which says "The developer agrees to sublet the parking garage air rights parcel to the City for the term of this lease and any extension thereof GL 70 5/24/84 f 4 for; ► �u�1 ret tsI of ten dollars upon► fhitty� s � ; z ten mote fo.ty o .theu�tpse �N?. ooftattuatioft ; . of a performing. arks � " ► ` spei.ioaay `set forth in . th+s parking ` garagereent f Mr.. piumtr►eri is that in something that yo- ��►�+�' ��� Y written? Mr. Weavers No, it's in your. Iim sore there a 6fb missing. Mayor Ferret The one I have is "Developer agrees to negotiate in good faith with the City — Mr. Weavers I read the wrong one Mayor. Mr. Plummer: David, let me tell you where I got a problem there. Mayor Ferre: Well, wait a minute, let's get the right one then we can see what the problem is. Mr. Weaver: Sorry. "Developer agrees to negotiate in good faith with the City mutually acceptable terms and conditions for the transfer of the parking garage air right parcel to the City for the purpose of the possible construction of a performing arts center, such terms and conditions may be more specifically set forth'in the parking garage agreement". Mayor Ferre: Well, why did you go from specific which you had before to a vague one, which you have now? Mr. Weaver: Basically, because there is a lot of thinking that has to be done in terms of how this is going to work. What they have said is in good faith, they will negotiate to do something if you decide that we want to do it. Mr. Plummer: Well, that I have no problem with. When you specify a cultural, one of the areas that I thought that might want to be given consideration was this thing that been around this Maritime Museum. Would you consider this cultural? j Mayor Ferre: (COMMENT INAUDIBLE). Performing arts center, Maritime Museum, Aquarium, or any other cultural facility. Is that acceptable to you? Mr. Plummer: That's fine. Mayor Ferre: Is that acceptable to you? i Mr. Weaver: The next issue... Mayor Ferre: Demetrio? All right, let the record reflect that the Commission unanimously stated approval of that change. Go ahead. Mr. Weaver: The next issue I'm not entirely sure how to address and I trust that you will allow me to summarize this rather about what kind doofudealch ewelhaved got that Miamiquestion, your versus Mayor, New York versus Boston versus... Mayor Ferre: Not Boston, Baltimore. Mr. Weaver: I think the bottom line and we can ask Mr Dausch also to address it is that we are in a better overall position than Baltimore. We are probably in about the same position visa vis New York in terms of the overall deal. 71 GL 5/24/84 77 f"ate_ ' + a t r 14ow as .far -as specifics sire sncern : in si f r+�y +l �, mental; s �► hundred ten . thbus&ftd dollars- a yearA9 rent ; , lb twenty-wfive percent Of ftet cash flowSf r , d rit service and>after a ten percent return on developers equity but that number is equal to ten percent of gross revenues in other words# if we want to compare one versus the other r Miami Bete after year six one million dollars of base rent and thirty-five percent of net cash flog after debt.-aerviae< and after ten percent return on developers 'equity,t but developers equity in this case is three million dollars, So. therefore# it's after a three hundred thousand dollars payment. This is clearly a better situation. As far as real estate taxes are concerned in both cities full taxes are paid. In terms... Mayor Ferret By both cities you mean Baltimore not New York? Mr. Weaver: Baltimore and Miami. I'm comparing Baltimore and Miami right now. In terms of what the public sector contributed, the City of Baltimore built all the inner harbor areas out side of the pavilions. The City built a four hundred fifty space parking structure and is required to maintain three hundred of those spaces. I'm sorry Cehree hundred additional spaces on an adjacent site. O t of that is uncertain, but that's far in excess of the four million dollars that the City of Miami is putting up. Yes, sir. (BACKGROUND COMMENT INAUDIBLE) Mr. Weaver: A total of four hundred fifty space parking deck plus three hundred spaces they must maintain. In terms of public maintenance participation, the City of Baltimore secures and maintains all exterior areas. So, we have clearly got a superior deal to that of Baltimore. In case of New York City, it a very very complex deal because there are no taxes and the New York City taxes as you can imagine is a very significant debit. What they do have is a combination, Commissioner Plummer, of both a gross rental and a net rental deal in lieu of taxes. In respect to the public sector construction contribution there is at least thirty- six million dollars in state and city contribution t o public improvements and building renovations. As far as the public maintenance participation the museum... Mayor Ferret Would you cover the net and gross combination? Mr. Weaver: In terms of the rental the base minimum is a three dollar fifty cent per square foot minimum versus fifteen percent of gross income. Versus fifteen percent. Mayor Ferret Which ever is greater, is that it? Mr. Weaver: Which ever is greater. Mayor Ferret Three fifty per square foot, which in our case would be seven hundred thousand. Mr. Weaver: Seven hundred thousand dollars. Right. Mayor Ferret And fifteen percent of gross..• Mr. Weaver: Or fifteen percent of gross. Which ever is greater. Mayor Ferret Your projections for the year ten in gross is how much? Your projections of gross sales ten years out? � GL 72 5/24/84 f IFM Ili . i4 �► + iC It i s trot apples and 001169 i War o ` ur -: � +�dti��a` ate have inGi��ded 'ail a��� g� t o `► 9; thk6ughb A in the 960 York dial t�tere �ir� t� � All rightr so the difference between.•• ohs Mayor perre: All operating what Mr. Weaver: There are no f... in the sfifteenOf ppercent expenses included in the number o � ets in that the house Company. •. or that the Rouse Company 9it"lCOtlie New York City. our numbers here are taking go, which includes all pass through of operating expenses. it not apples and apples. In other wordsthe better comparison would be to gay that in New York City they get three dollars fifty cents or fifteen percent of gross which is the equalivalent of a hundred five percent of net in our lease. Mayor Ferre: That sounds very complicated to me. Now, tell me what our estimated gross are ten years down - Mr. Weaver: Twenty-nine million one hundred fifty-one thousand dollars. But again, I caution you that that is s and not the number. What you would have to do to g et apples comparison would ulto the tenants. subtract from that all operating pass thro g hs Mayor Ferre: All operating pass throughs•.. would Mr. Weaver: That was all expenses. All expenses be... Mayor Ferre: operating expenses? Mr. Weaver: Yes. Mayor Ferre: So, that gross is not gross the way gross is normally defined, but rather a... and it's not net because I think that's where we are getting confused anet fs whether it's net. So, in effect gross is really 9the Well, we you are talking about a net figure. Mr. Weaver: Let me try to explain this one more time. Remember what we said this morning and what the review said which is that there is practically no difference between gross and net in the way that we are defining these terms. The reason is because gross income is defined as income from all sources including income received from tenants which result from the passing through of operating expenses. So, if you were to deduct from the income tenants l and p r tthe expenses which are paid for by an b the expense side deduct all expenses which are pa' Y company on behalf of the tenants you would her have a gross income which was approximately five percent9 net income. there is only a five percent different there and that is chargesc lvely the amount of its tenants to m nageofit thosehich the a expenses. tJ. Company L., understood that one. Mr. Plummer: Sir, I understand. You understand the answer, you don't understand the question. Mr. Weaver: Would you care to elaborate on that, sir? Mr. plummer: I have three times. I still say to y ou, sir that gross... a percentage of gross is clean. No one can question a percent of gross. When you come in your document and you outline all f those leavir�g things an area that �sdopenbto from the net I say youare GL 73 5/24/84 ,.. td r a s.� d. '.tleafliPiL a�t.�l t� sc Uesi+�n. You• ,keep referting . '.to �►. ;+ We �►re. gning to %ays . to ,eat eoause Yors.: ►rn , f er ,+ it..# 6aliid * i aSO a�i e r '��r9"hat s Eeasonable" + M R Mir . heaver: And normal. Reasonable and . nn��►�. � g l p n i Mr . plufmar s That ` s the area that i say is �e�iiing t p 3i door, a problem area for both sides. Mr. Weavers I guess we are going to have to agree to disagree on that one. We have had several conversations.+• Plwrtuners We don't disagree a principle we Mr disagree what's best for the City. Should I proceed Mayor, with the next question? Mr. Weavers (BACKGROUND COMMENTS INAUDIBLE)- Mayor Ferre: In effect what you are saying is ten years down when your gross is twenty-nine million dollars, it's not really twenty-nine million dollars...(COMMENT INAUDIBLE DUE TO TECHNICAL DIFFICULTY)••• to almost five million and what you are saying is five percent more than that is really what the New York... what they call gross. Mr. Weaver: Or it's five percent plus all the income from other sources. In other words, what you hal4e is you have income from all sources, from all operating sourcaes and then you also have income which is a result Of pss ough if you deduct t e operating operating expenses. I'm saying expenses which are a wash both sides... Mr. Plummer: See, Mr. Mayor, here is where I have the problem, if you go to page fifteen here are all of the things that are considered part of expenses before net. have such things, Operation/Owner, Managementship of the lease property, improvements on part or either including without limitation to payroll expenses, business taxes, public charges, suppl ies, license, permit fees, repair, maintenance expenses, cost and expenses of cleaning, maintenance and repairing of the common area in lease utility charges, insurance, premiums, audits, property, publicity cost expensive professional fees, expenses, p y remotion including without limitations, contribution to any p fund, advertising fund, merchant association administered by the developer, on site management cost, three and one half percent of operating income for management ncome. st- The You different areas. Then you go into operating youeahingake out that take out of that fringe benefits, salaries, you take out of that advertising. These are all areas which basically the only control that Mr. Weaver expounds continuously on that wehave is that they must determination what be reasonable and normal. Now, by who's is reasonable and who is normal and his answer to that is if in fact an impact you go to arbitration. Mr. Weaver: I'm sorry, you are missing a couple of the points there J. L. and everything else up to here is.. - Mr. Plummer: Please correct me if I'm wrong. Mr. Weaver: You have very clearly expounded on what our position is and the only thing that's missing is the fact that there are several steps in between and the several steps goes back to my argument this morning about the three institutions that are dealing with each other, you have the lender who is there to protect against unreasonable and abnormal expendiu�tants and afer u the hava Rousethe accountantCompany sand the for the City, the acco GL 74 5/24/84 � t ' �rt4 a�.�+t:'lJlltltl�tlta Sri �boov*red otdfdti� i tot 1 ��ary vary cle � abnormal and w rdaswable dXP6hsa� , question ° Mr. Mayor,-ima►ediatel'y 'What is to say that they this ysat Mr r i�lutCsner ! � _ so..ca led dissertation• 1We�tt Year .. spend a hundred thousand dollars for advertising* approval they take upon their own unilaterally without our to go to a million dollars advertising. That's expens6ft it greatly determines our revenue. Ma or FerretYes, but it also greatly determines their Y revenue. Mr. Plummer: May be. Mayor Ferre: Well, what's the may be? Mr. Plummer: May be it doesn't depend on their revenue. Mr. Weaver: The may be sir, is that you have Y9e tto cit Lhan and assume that they are systematical) looting Y that does happen. Mayor Ferre: Oh, yes. They would have to be*** In other words they would have to own the adverisit g• o properly to who we are let me... look, look, Plummer is putting because...but I think it all depends as dealing with, you know, yeah, but the problem... and that's the last question 'that I brought up to you when I was up is Rouse, butwhen there is, you know, as long as Rouse else Rouse... if Rouse does not become Rouse a ho s alsoodhas an raid Rouse and we dealing with somebody and insurance company and also has an advertising company also owns... they may figure out ways to expend an awfullot of money, but you know, I think at that point we may h some legal recourse as to abnormal expenditure. Mr. Weaver: May I refer you to page 52 to answer that On page 52 we talked about your question by the way? concern about who is going to own if there were a merge, if the company were sold if there was some change in ownership of the Rouse Company... Mayor Ferre: Well, we are coveredwith some of these, but are you covered by somebody buying them? Mr. Weaver: Let me explain specifically what coverage we have. The developer agrees that at all times... Mayor Ferre: You are on page 52, line uses? Mr. Weaver: Agrees that at all times during the term of this lease the developer will use its diligent efforts to operate the lease property as a first class waterfront specialty Center and to maintain a level of quality of character and operation of the improvements which is comparable and here are level the of underlined of o characterds h is and comparable to th operation at the time of execution and deliver of this lease to Harbor Place in Baltimore and to add to that we will be receiving from the Rouse Company vrcv°deaaestandarand dctures of the Rouse company as of today to p Mayor Ferre: That's pretty good. I don't think you can ask for anything more than that. I thin thatquestion which with thing that is not covered is Psones who is not an ethical with exaggerating expense by operator, but idon't enses haveOU can deal to be reasonable.that don't than to say thatP GL 75 5/24/84 a i could��; d���� ; that know hoer you even defir►e � t'h key iesut t'h�►t d finer �s r i e n, bodause; 1 thick that s e bringing UP and 1 think it's a major i�t�tue. Mr Wehv�er:eliy 1 think.. fie are te�.�siti ` aue reasdnhbletness of expenses? Mayor Ferre: Yes, the reasonableness. Mr. Weavers 1 9 o back to exactly the point that ter . Plumn►er made so eloquently for me a eouple of minutes fs o that bii situation here is that the Rouse company ► second to the company. We went... let me go back for j We have whole selectiona process cess the that we have inception utilized hethe unified gone throng development process we have tried to establish an R�'p, a request for proposals which would attract major. reputable We got two companies who are nationally known concerns* major, nationally known reputable concerns to bid. These companies were exactly what we wanted. Now, we have here a The degree of lease which does contain a degree of risk. And if he risk is that the developer couite of be the unscrupulous- fact that we get a were unscrupulous, then in spite possible that million dollar guaranteed minimum rent its Po the expense would be exaggerated to a level which would impact on our percentage of profits. Mayor Ferre: Mr. Weaver, I think the question that Mr. Plummer is asking, let's be very specific, would a simple clause that expenditures by the developer would be within the realms of reason that are current in the standards of the industry? Mr. Weaver: it says. Mayor Ferre: Mr. Weaver: Mayor Ferre: Mr. Weaver: That's what they said. where does it say that? Page 15. Page what? Page 15. That's precisely what Mayor Ferre: 15 or 50? Mr. Weaver: No it's on page 15. It says "All reasonable center and normal expenditures for a waterfront specialty ialthe developer accounted for by the accrual method made for which �� the developer is obligated too make in the operation Precisely what you just said. e it Mayor Ferre: Well, no it isn't. I think you... to in some precisely what I just said you would have to p where the words with the standards of the industry. Mr. Weaver: He has no problem with that. Mayor Ferre: If you add that then I think J. L., you are covered as much as you can in these kind of... In other words,... and I think Plummer is totally correct. I think that's a very important observation and I think it's a very mal important modification. rwaterfront specialty spec altyecenterlaccounted rfor e and n expenditures for a w the developer, accounted for by the accrual method made by to or with the deveoperaoper of which tion accordingthe develoer Is to standards of the lindustry make in the opera or in compliance __Mrs City Attorney--- in compliance with standards of the industry or ... GL 76 5/24/84 it 12.9 ���d� ��r�re! its trtiY►�r ���Bi v�er� too you put et&rjd&rds fear the industry 7 Yogi, girl err . Weavers Mr. Dausch is an attorney • member of the coconut Mayor Ferret Mr. Dausch, are you a Grove Bar Association? Mr. Garcia -Pedrosa: No, no, Dinner Key - Mr. Plummer: Dinner Key - Mayor Ferret oh, Dinner Key. ;s Mr. Plummer: Dinner Key Bar Association- would put it, all reasonable and normal Mr. Dausch: I specialty center within expenditure for a waterfront ot the shopping center standards of the retail industry specialty industry• I think it comes after a waterfront sp Y center if you are really talking about*** have to put at the Mayor Ferre: All right, but I think you be different particular time, because ink Bestandards ou have to put standards of ten years from now. I think Y the industry at the time. Mr. Dausch: of then current standards. , if You p Mayor Ferre: Then current standards, because ay they may be standards and means the standards of Ito any I don't mean different in ten years. And I think••• our protection, not to be doing you... I mean, this is for y for ours, standards of the time. Mr. Weaver: That's the second one you have given him, Mayor. ay be that today you know, you Mayor Ferre: Wercent ofell, it mgross and ten years from now you advertise five p toss. you know, I may need to advertise ten percent of the g don't know. Mr. Weaver: Mayor, there was one final question I believe that... There were two questions on... you asked about what ens if there were an ancillary business which resulted Kapp side Project in which the Rouse Company would from the Bay participate. For example a ferry service across to Watson Island. on page 6.•• Mayor Ferret Are Virginia Key Development which, you know, may end up doing for the centennial celebration federated and may end up with a participation in the world's fair of 1992• operating Income, Page 16, means the Mr. Weaver: Correct �' revenues arising out of -or developer's gross operating resultin from the rental and/or ownershi and o eration of a ease propert • Mayor Ferre: of the leased property* Mr. Weavers That covers it. Yes• of the leased property) but a show boat going Mayor Ferre: eyear is 1990 casino over••• Look, let me ... by the people of Florida. gambling has now been approved 77 5/24/84 GL CSC. �fio�t► there �► casino aboard a- moat called L1et'0 that +ro,reee from �+iats+�tl Island by this tuna the lall rp ra is a Qag ar' " :ypalace has ;bought C4ftVahy#- oko, and $hey hava goti i i s Mr, plumar s Whoah, Whoah, %dbat? Mayor Ferro I'm Just telling you this is a scenario r Of 1990- Mr. Heavers out they have got those video tapes, Mayor Mayor Ferree All right; now; Ceasar'e palace is now operating the Rouse Company and they have a gambling casino on the Show Queen, that's not the lease property. Mr. Weaver: No, but that is arising... those are gross operating revenues which are a result from the rental and/or, ownership and operation of the lease property. They wouldn't be able to do that if they didn't have the premises that we are leasing to them. Mayor Ferre: In other words, they could do it, but they couldn't stops** I mean, if they went off and did it on their own and they stopped at the Dupont Plaza Hotel... Mr. Weaver: That's a different situation. Mayor Ferre: That's a different situation. But if they have anything to 'do with this project...if they people emanating from this project... Mr. Weavers Or if they use the dock which is there at Baysrelate to or would ris rising out oforbecome resulting revenue from the rental. or related Mayor Ferre: Ok. Mr. Weaver: The final issue that I believe you asked, sir was the question guaranteed completion. We do not have bond guaranteeing completion. That was a decision made by the negot Rouse Corporation team is simply acceptthe avo d the additionalcredit cost to the Rouse Corp City of the bond... Mayor Ferre: So, it the best plan. In other words, they are saying they will be open halloween day 19..• Mr. Weaver: No, they are guaranteeing completion and they are guaranteeing to commence rental payments on October 31, 1986 so long as we don't delay them , we the City, and so long as force majeure doesn't come into account. Mayor Ferre: Ok. I understand. That's reasonable, but in mean with or without completion, if they have slippage the in the contract come six months later they open up the operation, they start paying rent as of October... In other words, the meter starts running October 31st and... Mr. Weavers That's their penalty. Mayor Ferre: It's not a penalty. It's not a penalty. (BACKGROUND COMMENT INAUDIBLE). Mr. Plummer: They are going to pay rent whether they are there or not. Mayor Ferre: But in other words there is no guarantee you see, you keep talking about a guarantee. OL 78 5/24/84 2 R rCr4 4y r+ avers im&t'not correct# eir• Where LB e $ guarantee o� c�i���tie� • �Y � �. There it . parent c�apat�y tea r perres gut I mean# look* ... gAC CG1'tOUND GOMMVN`r INA0113LE) Mr. Weavers Wit bout penalty. That's where You... Mayor Ferree I mean there is a guarantee which other than the reputation doesn't mean very much because i they ton, i mean it... I know, your reputation i Y don't question that# but i want to know what company including... Mr. Weaver: What it means, air, is that they pay a million bucks a year until they finish it. Mr. Pluttmter% They start paying the big rent that day whether they are in and open or not. Mayor Ferro: What do you mean the big rent? It's three hundred twenty, Mr. Plummer: The mill. Mayor Ferret Three hundred twenty-five thousand dollars. Mr. Weaver: That's right and then the next year it goes up... two years later it goes up to six hundred fifty and then six... Mayor Ferret Well, I would assume thatthey are they not agyenr to take... Look, the point is this, suppose later what it's costing them is three hundred twenty-five and in a hundred million dollar project the three hundred twenty-five thousand dollar expenditure which has kept... Mr. Weaver: No, sir, that's not what it's costing at all. Mayor Ferret Well, what is it costing. Mr. Weaver: What it's costing them is the fact that they are carrying interest on a project of ninety-five million dollars.... Mayor Ferret I don't have any problems that they are obviously going to have an inducement to start as quickly as possible, but i I also think that we should not misguide anybody in saying there is a guarantee. There is no guarantee. A guarantee of completion the building of a ship or the building factory by a contractor means a performance bond. It means that if they do not finish a building by a date certain they pay certain amounts of money and that's a ga•wou This is call aot a bestgeffortse assurancesthink that itwill whhatt you you open on time. Mr. Plummer: Can I get into some other questions? Mayor Ferret Any further... Mr. Plummer: Can I get in some other questions? Mayor Ferret Yes, sir go ahead. Mr. Plummer: What control over dockage, dockage to the outside? is there dockage left out there? GL 79 5/24/84 r1 r Mgt Weaver 3 There is no dockage' �.e�� ' beogu .. �1tat i. i� � # a - hold ; ender the . . r Mr. -t aryt Miamarina_ lease. Mr, plummert got they will control the outside dockage,Ar _ well as the marina still? Mr. Gary: That's the part of the lease that exist. I mean the management agreement. Mr, Plummer: There is nothing contained in this document will sound strange to YOU about hours of operation. This is in minimum hours of operation. Let me tell My concern I'm talking about the Reflections Restaurant has a you what contract with the City, that, of course, is based on day notices that the percentage of revenue. The City one is greatly down. We v closea ibecause nd out that revenue of economy reasons the luncheon shop down sta t closing three days a Then we find out that their they are that affects the City's week and laying off employees, does not affect our base rent. I understand revenue.' It that, but what is if anything built into this thing for think, minimum operation? is it a five day, a seven,day? I it would be a seven day you know, the utopia is that I am concerned for example that for reasons venture. whatever they were'to cut down to a two day operation. l am would drop tremendously. concerned that the city's revenue Mr. Weaver: As have a continuous operation agreement, Mr. Gary: Continuous operation. Mr. Weaver: Page 33 of the lease has a section entitled "Continuous operation". Developer convenants and agrees to continously operate the project consistent ,with prudent business practices and the standards of operation set forth in Section 4.2 hereof considering twelve months use in order to achieve a reasonable level of profitability. 4.2 is using as the example of Harbor Place. Mr. Plummer: But my concern is how many days a week is Harbor Place open? Mr. Weaver: Seven days. Mr. Plummer: I would like to see written into this documents that a minimum of days of operation shall be--- if you put it five, I have no problem with five. But my problem with which we have found that where it does not speak to in the contract, they can unilaterally reduce down to one day of operation and then weare eINAUD stuck because our revenues are greatly affected. Mayor Ferre: You may want to do it on a yearly basis rather than a weekly basis. Mr. Plummer: I have no problem with that. Mayor Ferre: You know, that there shall be no... Mr. Weaver: Mr. Dausch has indicated that he is going to take that into consideration, but he needs to discuss that with the board. They have approved a document without that in it. Mr. Plummer: Mr. Weaver, what you are asking me to do is to delay this project, delay this approvement. GL 80 5/24/84 4 Mayor pars: 'Wait a inihute; j L'r , i ' ' Hs� �, ImAd ttrat i a all � can we talk about this for a Mittute I t mind Out dbi119 -this right... if you don alright Mr. Manager. obviously, common sense would diotat6' have a hundred millibft` ddil that you are not going to may decide ide not tO - 60rtt+� �- Jh estment and hilt operate• it# but you handers are obviously, doing to make sure t 9t reasoniibi i s— - Plummer has a you operate it. I think Mr. et is saying is that We should ' operate i ."i request. What he this park should be operated say five Jaya out o the that week. now, i dbn't see any reason why for example we this park to operate a minimum r couldn't say that we expect hundred days out the year* now, that would I think of two satisfy Mr. Plummer and I think it's something that you in trouble with you , could easily conceive without getting right - Board of Directors. Ok. Thank you.All Mr. Plummer: The next question. The City is responsible four million dollars. for the infrastructure to the tune of ththrouCity and the control as to that? How does Does it go 9hregular biddingprocedures? Mr. Dausch: We thought we had all your questions, J. L. Mr. Gary: First of all, we had RFP eight Million. They had an obligation in agreed to accept only four. We TRFP spend eight million for infrastructure. that we will said that they only requirer the City to come up with four Commission that we million. It is my recommendation to the for the infrastructure and they give them the four million infrastructure and have all of the liabilities and do the responsibilities for timeliness and adequacy of work. So, we won't have that burden. Mayor Ferre: When are we going to get the four million? At through the contract, at the the beginning, in the middle, end of the contract. Mr. Plummer: As soon as we get the UDAG. Mr. Gary: It's a condition precedent and it's soon as we get the UDAG. Mayor Ferre: Ok. I ain't got no problem with that. Now, let me understand this. Land filled bay walk, water taxi pier adjacent to lease area infrastructure improvement is valued at four million. Now, is this what you are talking about? Mr. Gary: yes. Mayor Ferre: In other words, you are talking about the bay walk being part of that four million? Mr. Gary: No, no. Mr. Weaver: No, that's separate. That's paid by Corps of Engineers. Mr. Gary: That's not Corps of Engineers, that's part of the condition of Corps of Engineers. Mayor Ferre: Land filled bay walk, water taxi pier adjacent to lease area infrastructure improvement valued at four million. That's what we are including. But in the resume you are talking about four... I think we are confusing the four million dollars what w is a four guarantee. Well, hate are doing withlthe nCorpslar f Engineers right? GL 81 5/24/84 NA Thilb Mr. Caryl, this is in excess of the Cons of angineord ; Mayor herre: beyond .this we go into another four million# but we guerehte+ ing this four million. Itja 'Days '"�yi�� improvements to include land fill# bay walk,.•. �iii.iO �� item e 47 in yourresume on page 4 of your r66UMe. City improvement —Bee the thing that turned on the light wait the four million dollars, but we are getting confused of two four million dollar figures here, right? Mr. Gary: Mr. Mayor, the four million is over and above what the Corps of Engineers is going to do. Mr. Weaver: This is what is necessary to complete infrastructures aspects of the project over ache above Cor s of we are anticipating to be contributed by P Engineers Mayor Ferre: so, therefore page 4 is really not accurate. Mr. Weaver: Page 4 of the summary? Mayor Ferre: Of the summary. It's not an accurate... I know you have nothing to do with that, but I'm justsaying g that for... I don't want confusion to... Mr. Weaver: I think it's subject to interpretation. When there are certain infrastructure elements which are going to be paid for by the Corps of Engineers. Mayor Ferre: And four million. Mr. Weaver: And four million dollars. Mr. Plummer: The four million is the City's obligation. Mr. Weaver: Over and above Corps of Engineers. Mayor Ferre: Wnat else you got Mr. Plummer? It's only a quarter to four. Mr. Plummer: Well, excuse me. Let's have it clear on the record. You have got the four million guaranteed by the City, but if these others default then the City has got to kick in. Mr. Weaver: That's correct. Mr. Gary: Yes, but we have got that money. Mayor Ferre: What else have you got? Mr. Weaver: I have answered all your questions. Mr. Plummer: What about parking exclusivity for Bayside in the structure? (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Other questions? _ Mr. Plummer: While they are still looking let me ask one thing and reiterate on the record. Everyone of these appendixes that are not in this to make it a total document has to coarse back before this Commission. Mr. Gary: That's correct. GL 82 5/24/84 r rg,�' es i '': w 7 f �..,� .;v s• i4 And',if any �sf' , tt�� a` s i� � h' a 0isrnissi6n 1t is r t It is a what? �" er r� ��. �lu�►er: M�`. Weaver: Mr. Oaryt No, A default. Not a default, they 3ust don't hl►we..`• i it's not a default....CCOMMBNT Ii�AVbL�• Mr.Weaver: You just don't have a lease There it fib lease. Mayor Ferre: 's That doesnatlt# but I mean default the agreement. t t part of the agreement. Mr. Plummer: Yes it does. (COMMENT INAUDIBLE). Mayor Ferret Let me set the record straight now Mr. City Attorney as a bona fide member of the Dinner Key Bar Association let me put this on the record. There is something called vested rights. The moment this legislative body representing this governmental entity votes on this and they start spending money and doing things to make this come true they have vested rights. There is no default provision if there is an appendix that is not included in this. I mean, let's not leave that on top of the table unanswered. (COMMENT INAUDIBLE). Mr. Garcia -Pedrosa: The answer is yes. Mayor Ferre: Anything else? Well, I did ask you something which I noticed in my notes now that I did not ask you this morning, but you have not answered. You remember I asked you over the phone David, what was going to happen with the little proposed restaurant next to the rock garden and then you said well it was similar to... or was it you that I was talking to. I talked to somebody or to you Mr. Manager. And then I asked you about... you said well the same thing is going to happen with the air... I mean, the light sculpture and I said yes, but you know, I will tell you my guess is that Rouse is not going to be to overly anxious to do either one of those and I think unless the whole thing... . I know, I know that. But I think that they ought to... 'v amount oftime,then I think wepought sreasonable within a theyto have the freedom to go develop... Mr. Weaver: That is contained in the lease. Mayor Ferre: Well, show me where it is. Show me how it reads. Mr. Weaver: One year. Mayor Ferre: What page is that please? Mr. Gary: Page 19. Mr. Weaver: Page 19, paragraph starting "The City shall have the right, but not the obligation to construct the proposed light tower on area 85 within one year from the completion date developers shall notify the City Manager whether or not the developer intends to construct the proposed improvement on area 84 and or to occupy the proposed light tower to be constructed by the city on area 85. if within such one year period the developer elects not to construct on area 84 or to not occupy the proposed light GL 83 5/24/84 concern, air. Mayor perres In other words on the record now and � would ". . to have the Rouse represen liketative answer this ors the like record. Mr. r Dausch, as I understand that wbat this signifies is that if within that period f time develop this 9 pany does not exercise the right to opera that the City of Miami will be free to have an independent itself to operate a restaurant or operator or the City whatever we want and it will be part of the park site rather than part your lease. Mrr Dausch: That's correct. Mayor Ferret Thank you, sir. Anything else? Are you ready? e million dollars paid to the park Mr. Plummer: When is th improvements? Mr. Weaver: That's paid at the same time. Mr. Plummer: At the same time of what? Mayor Ferret Any further questions? Mr. Plummer: I have had one. The second question I have is when is the minority fund established? Mr. Gary: After they start operating, ten percent. usand Mr. Weaver: Minority fund is a hund erce t o of net cash greater of a hundred dollars or tea P on starts. - flow. so, that going to be after ope I Mr. Plummer: You better delineate for me who will operate that fund. i Mr. Gary: No, it Bays it. Mr. Plummer: What? Mr. Weavers You determine that. Mr. Plummer: No, it's not. Greater Miami Chamber of Commerce, the Miami Dade Chamber of Commerce..• Mr. Gary: Yes, it's three... the board is here in your package. Mr. Weaver: One million dollars is at possession, Commissioner. Mr. Plummer: Time of possession. All right. Mayor Ferret Excuse the interruption here, but I think we public hearing on the parks bond issue and do have a 3:30 p in the Is there anybody the Park West/Overtown bond issue. ublicly audience that has come here for the 3:30 p advertised... that wants to speak into the record? Are you the only one? justowa t t osay on the record we do we have o havethree j issue - All right, I � speakers. All right. Mr. Plummer: What is the reference in this document to the Miami Dade Chamber of Commerce and the Latin Chamber of Commerce? B4 5/24/64 OIL 3E F a Y } easier t 'fh&t' s in the proposed sinoriti.. � t�uia=` wa 1At reeent►tion on the nor ty tiny . Mr, Doutdh make the here we get into this? Mr pittt�uner: �teli but wait a minute I : ruid lik�t t+c: yeti that clarified. Where is that in here (BACKGROUND COMMENT INAUDIBLE)• Mr. plummerr Not it's in mine. (BACK GROUND COMMENT INAUDIBLE)• Mr. Plummer: Z don't rememberthat's to why mino itiesasking and the to clarify. There was a direct reference monies and the Miami Dade andatherof commerce Latin Chamber of Commercech is • Black Chamber of Commerc Not sir it was only i go r doc Yes, it is. TheI have had to works istthe he llease thin up until today, then you flooded me with these other papers. (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: Yes, sir. No, because I'm bound by the document I'm working with. (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: Ok,'are we speaking about for clarification the Miami Dade Chamber is the Black Chamber of Commerce and the Latin is CAMACOL? Mr. Gary: Right. Mr. Plummer: I would like that spelled into that language. Mr. Gary: Miami Dade has been named. So, you want CAMACOL. Mr. Plummer: I want CAMACOL written in there. Mr. Gary: Fine. We got no problem. Mr. Plummer: Ok. CAMACOL. Mayor Ferre: All right, make your next question, Mr. Plummer. Let's move along now. What are we waiting for now? Mr. Gary: Roll call. Mr. Dawkins: Roll call on what? Mr. Garcia -Pedrosa: On the resolution you got in front of you. i i Mayor Ferree Would you Mr. Manager, I want the record to reflect when you define minority development foundation you put Liberty City, Overtown, Little Havana, Black Grove. Little Havanalive. you theYou only have place got Wynwood,sp you Hispanicshave are got minoritieses Allapattah. Mr. Gary: This is just their proposal Mr. Mayor, that they -I got to come back... (COMMENT INAUDIBLE)••• just want the record to reflect Mayor Ferre: I know, but I that when we talk about the minority communities that we talk about all minority, poor minority communities. Ok. GL 85 5/24/04 4 py t it �' , ,a a1 ladies • e�up too, ay rfe: ',i l right i are we ready "4o ►+r', tuear questions?" kii aright, ara we ready t� +����< ����� h Chair i iii' accept. motions • Come on let s go i we got a; lot of people waiting on public hearing and things one way r< or t1ia ` other. Mr, PIUMere I move it. Mr, Dawkins: Second. Mayor Verret It's been moved and seconded, is there further discussion on the Rouse Co? Mr. Dawkins: Under discussion. Mayor Ferret yes, sir. Mr. Dawkins: Mr. Gary, I'm constantly tell you and nobody seems to hear it until it's over. Under "I" where it says "Minority Participation", I want to know the board. I'm going to meet with the board and if I do not know what you have accepted and put together when you bring it to this Commission I'm going to turn it down and send it back until I am fully aware of what's in it. Mr. Plummer: Mr. Gary, I'm also going to take you up on your offer and that of Mr. Roy Keizie do wishrtottravelatovthe on this document and signatures three entities or at least two out of the three and see for myself in personal observation. Mr. Gary: I got your one way tickets already. Mr. Plummer: I know you have got one way tickets. It doesn't make any difference. When you need that vote I will still be in Boston. Mr. Dawkins: Call the question. Mr. Plummer: Wait a minute, they got a problem here. Mayor Ferret Commissioner Perez. Mr. Perez: Mr. Manager, what kind of... the minority development recommendation, what kind of Latin participation do we expect? Mr. Gary: First of all,... Mayor Ferret What he is talking about is a' loan guarantee and venture capital funds for loans to Blacks and is there a similar provision for Hispanics is what he is asking. Mr. Plummer: Isn't what you are reading from that which they have done in other cities and yet to be negotiated as a document for Miami? Mr. Gary: That will be included in Exhibit "I" when we bring it back to you. Mayor Ferret I just think that Commissioner Perez, is just pointing out there are also poor people in the Hispanic community that are also con�BACKGROUND COMMENT INAUDIBLE)ider disadvantaged $ and you know, even though ... He wants to put it on the record. Anything else? i�.. iw ;atd.:.r., tit tit' ` idoli t 't;;Ma fir: w y% L to raise an et�►n c issue and I am usually tjuit fit ' area, r t yot�. k»owr there seems ; t� ; . �► �rq��t�t�� � ht, do , ,here ; ft the glo 001muriiiy di�iadv�►nt i�d �1a �, . ���r dope you are not in anyway exclud ng the disadva�itegeo �� all communities. MY. Dawkins t And by all means we got some out there in the Everglades who are very dioadvantagede the first American of the united States. Mr. plummert Billy Buffalo and his council will worry about his people. Mr. Dawkins: No, no, he is a about his welfareiand he s my brother and I'm going to be concerned Mr. Plummer: Mr. Dawkins, I will remind you, sir, that I am the only true minority left in this city - Mr. Dawkins: Well# the flag will still be here when you coarse back. Mayor Ferre: Is there anything else in fun and games? Are we ready? Anything else? Are we ready to vote? Mr. Dawkins: Mayor Ferre: Yes. Call the roll. The following resolution was introduced by Commissioner Plummer moved its adoption: RESOLUTION NO. 84-585 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, TOGETHER WITH THE AMENDMENTS HEREIN, BETWEEN THE CITY OF MIAMI AND BAYSIDE LIMITED PARTNERSHIP ON BEHALF OF ROUSE MIAMI, INC., AN AFFILIATE OF THE ROUSE COMPANY OF COLUMBIA, MARYLAND FOR THE PLANNING AND DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A WATERFRONT SPECIALTY CENTER TO BE KNOWN AS "BAYSIDE SPECIALTY CENTER" LOCATED ON A CITY -OWNED LAND PARCEL CONTAINING APPROXIMATELY SIXTEEN ACRES ADJACENT TO BISCAYNE BOULEVARD AND MIAMARINA AND A PORTION OF BAYFRONT PARKUPON THE CONDITION THAT A PARKING GARAGE MANAGEMENT AND CONSTRUCTION AGREEMENT WITH THE DEPARTMENT OF OFF-STREET PARKING AND ADDITIONAL EXHIBITS TO THIS AGREEMENT WILL BE BROUGHT BEFORE THE COMMISSION FOR APPROVAL, AND FURTHER SUBJECT TO THE CONDITION THAT THE TERMS OF THE CONTRACT RESULT IN A FAIR RETURN TO THE CITY BASED ON TWO INDEPENDENT APPRAISALS AND THAT SAID CONTRACT COMPLY WITH REQUIREMENTS FOR COMMERCIAL USE AND MANAGEMENT OF THE CITY'S WATERFRONT PROPERTY AS SET FORTH IN THE CITY CHARTER= FURTHER, DIRECTING THE CITY MANAGER TO OBTAIN TWO INDEPENDENT APPRAISALS OF SAID CONTRACT. (Here follows body of resolution, omitted here 87 5/24/84 AYES S NOES s " 4. �Y and Oft i t t 1e of rice Of the UtY 014ktk" isis One �ti►n die Ra way p►�ei �►dr�t� 'fit . ��ilio�ti�� T C issioner Miller Jo Dawkins Y o nias orter j. L, Plummer, Jr • Vice -Mayor Demetrid J• Peres, Jr• Mayor Maurice A. Ferre Done., AIMSENTt Commissioner Joe carollo ON ROLLS . so Mayor Ferre: s no Let the record irefecthatthere i that confusion because this sserious ive vote on Commissioner Dawkins voted a 1 the the i improvements, changes the affirmative based o this morning and and conditions that have been agreed upon this afternoon in discussion. And I. — Mr. Plummer: And I would request of back ha completed inistratdocument that within five days you bring us showing all of the amendments, the additions and the corrections. Mayor Ferre: I wish to once again, commend the negotiating team and all of the people that have been involved in this important task. I think this is a major accomplishment on your part and on the City's part and I think we are all to tonight and be given permission is have To RM=a martini f the Rouse celebrate the accomplishmen tience and I hope that this Company my gratitude for your pa to does public process that you have ibeen subj for whatectewe think n�i la anyway persuade your enthusiasm you, sir. quality community and a quality city. Thank Mr. Dawkins: Mr. Gary, I would also like to wish that we provide Mr. Weaver with a plaque instead of a certificate of appreciation... Mayor Ferre: And dollar... Mr. Dawkins: with a dollar on the bottom of the plaque showing that he is a dollar a year man. Mr. Plummer: Mr. Mayor, I would hope that the record would be left open if in fact Mr. Carollo wishes to cast his vote that he will have that opportunity to cast his vote when he returns. Mayor Ferre: Mr. Carollo, asked me that he would like to vote on anything was controversial. I think this snota controversial item. Obviously, he has had the opportunity to read this document since are that what obviouslys had in it in this possession since Friday and so I'm sn the record will reflect dosreflect, it certainly his comments has thane that he wishes to add welcome and encouraged. Mr. Plummer: plus returns. hefact that he can place his vote on the record when h Mayor Ferrea Absolutely. Anything else on this item? —------------------ ------------- 88 5/24/84 GL 446 DIBUUOULLM A=&# "Pra "— -- - t ` Ati skirl �poft To ' IMAMAl OkbitA ' rot Ti �� fei�'+ 'A .. fib.27) • • Mayor Ferree We are on Item 7. ' Mayor and members of the �onani�sidn, Mr. doe McManus: Mr. roving with this item is approval of a development order, app • modifications development of regional impact located at 1221 grickeli Avenue. So that there is no confusion this project is under construction by virtue of the fact thof at the developers wish to add under he °criterias of develoon the p ent the building and it fall regional impact and it s and your throuh staff has SouthFlorida rthe Regional Planning Counciland I recommendations of the Regional Planning anni g Con icl Alan Goldis we have the agreement from here representing the developer. Mayor Ferree Are you telling mthat ofthe theaeinistration modificationss Item 7, is recommending the approvalBoard is You are also telling me that the Planning Advisory also recommending it- Is throu telling h ctheect? And you development of eregional me that this has gone9 impact and that the South Florida Regional Planning has approved it.this ro Are there any objectors to this publicly? Is there anybody here that wish to speak againstit short? sect that is advertised? Counselor would you keep Mr. Alan Gold: We accept all the recommendations of staff, Mr. Mayor. is there anybody on the Commission Mayor Ferret All right, that has any questions on this? All right, is there a motion? Moved by Commissioner Perez, is there a second? Mr. Plummer: You are not going to have a presentation? Mayor Ferre: You want a presentation? Mr. Plummer: Yes, I would like to see some more of it. All I have here is just a couple of pictures. Mayor Ferret Make your presentation. Mr. McManus: I think Commissioner Plummer' sreq than is d directemore to description of the project description of conditions. Mr. Alan Gold: Mr. Mayor and members of the Commission, for the record, I'm Alan Gold with the Greenburg Traurig Law Firm, law offices at 1401 Brickell Avenue representing the applicant on this project. I would like to introduce Mr. Michael Adler, Mr. Earl Brown representatives of the applicant who are here today. Also, with us is Mr. David Plummer, our traffic engineer. This project is presented to you in a series of renderings What you see is a which we have provided for your review. project that is planned for twenty-six stories. It's divided into several components. The office component is four hundred nine thousand six hundred ninety-four square feet of office space. This office area and the accompanying garage is shown on the first rendering in the packet before GL 89 5/24/84 ,n r� taT your The addition what is a very Prominent feature of project is a substantial plate area on the first �ioor.wh oh �a you Will sae in the second �g e of the packet This plaza area is twenty-three thousand five hundred square.f+set anal of course, is there not only as amenity. tot. -Only landscaper but will encourage pedestrian access to and frOM the site. The third part of the packet is our attempt to building show you what this would look like in con u gtion with the other development on Brickell Avenue. aerial of the area el with the building t areexcellent- is project lent. WAlleOf that the aesthetics of th the impacts v and the addre review through the WRegional n Planning Council complete accord with all of the recommendations of sf and we respectfully request your approval of the project- We are here to answer any specific questions that you may have either on the traffic aspects or on the development plan itself. Mr. Plummer: The City is trying to encourage housing. Where do you stand with this building philosophy as it relates to the new 95007 this area is office usage. Mr. Gold: Commissioner Plummer, I believe designated at this particular location for It's now our intention too** Mr. Plummer: Well, that's to be understood, but also we are trying to encourage residential in that area also, it you can be a mixed use. Gold: It development that, i that, although we have ncorporat d ofcourse certain retail in conjunction with it. Mr. Plummer footagere you aware fee for housing a City is about to impose a square Mr. Gold: Yes, sir. We are general aware of the ordinance. residential or on that Mr. Plummer: Are you trying to get in under that ordinance? Mr. Gold: No, sir this project already as explained is subject to a building permit for the first seventeen stories. It's under construction under that permit as an approved office footage r request is simply to add additional square9eto the project itself. Mr. Plummer: And if you don't get approval at this Commission then you are stuck with seventeen floors. Mr. Robert H. Traurig: Mr. Plummer, for the record, Robert H. Traurig, 1401 Brickell Avenue. The ordinance to which you make reference relates to SPI-771 and 72. This is in the SPI-5 District andicathbleat to this ordinance district is not currently contemplated to be app l. Mr. Rodriguez: Mr. Plummer? — Mr. Plununer: Mr. Traurig, I accept your verbiage, but also am looking to how does the City gain and don't use the word "taxes". What benefits the City to grant you this of the additional eleven floor? Mr. Traurig: Mr. Plummer, when the SPI-5 District was amended ---district regulations were amended last July there was a provision for the payment of a housing fee This if one sort a bonus above the permitted floor area ratioo project does not go above the permitted floor area ratio and therefore, the housing fee is not applicable to this GL 90 5/24/84 a building pe I►�.t i��t . � project# This is a project on AiCh to ent r�hich had been plannAt �►��.�� issued prior. for. .a dv� What is be ir to the amendment 0f the ordinanc6 •tto contemplated now is the increase ul sa s gpermituare .. And Wiotage th�u ordinance as amended in y asking for any o the surplus and bonus square for footage which that rental housing fee would be payables a Mr. plutmnert Mr. Traurig, is it not your request here today y to increase the size of the structure by eleven floors? Mr. Traurigs To increase the size. of the structure for which the permit has been issued, Ye st Mr. Plumnert Well; you have no other permit. So, it's... Mr. Traurig: I think the answer to your question is "Ye8"- Mr. Plummert All right. What does it benefit the City to grant you this request? are he Mr. Traurigs I think that they derivesits to the from all developmenttin same benefits that the City de this Brickell corridor. If you are sking whether o rrn t there any special payment to any special none has been provided. ed we The ordinance didn't require with ex tang ordinances nancesen templat without asking have erany, variances and existing without asking for any bonuses. Mr. Rodriguez: If I may clarify for the record. Commissioner Plummer, in a matter that will come later on before you in relation to SPI-7, we are also recommending a that the housing trust fund be applied to any project floor area ratio over 1.72 citywide, in addition to SPI-7. So, that will be something that you will be discussing nlater ater on as a policy position that at this point you don't before you. did Mr. Plummer: Who are principles of don't this find who Sergio, are the not have in my document principles of this corporation. Mr. Rodriguez: (COMMENT INAUDIBLE)• Mr. Plummer: That was supposed to be included at all times in our back up material. Mr. Perez-Lugones: It's the third page after the one numbered seven. Mr. Plummer: Is that page 3? Mr. Perez-Lugones: Well, there is no number, it's the third page. Mr. Plummer: The only thing I show here is Amerswiss. Mr. Traurigs Mr. Plummer, Mr. Michael Adler, one of the principles is here to my left. The Swiss connection is a group of businessmen in Switzerland who are joint venture partners in this ldevelopment. herinciple But i this development. who is here to my left P Mr. Plummer: That's fine. Mr. Traurig, we have instruction to the Building Department under the new les disclosure who tare our packet is to be in all of the p P involved. You will recall a great debate at this Commission about who the principles are. I did not find in this document that I have who are the principles. GL 91 5/24/84 x 5 cowers `1yet. F Carolyn 'Heise. I you find it h .. S. N May 1 'enter into the record that the gwie� k r you have to sign a document • Thant' Oak WkA Mr. plummets Not You file Your Accor i g to MY I want to know where the document at i wt►en` knowledge in my understanding le a full disclosure who are application you have to fithe principles. Am I right Mr. Gary? Hr . yt� lumer t - �31ea�e i. i ♦ . Mr, Traurigi Partner— Mr. Gary: You are correct. Mr. Plummer: Then may I see that document? is that we have rules Mayor Per What Plummeryought to be lived up to. And the and regulations and they gprinciples rules and regulations require a disclosure of the whaWe and who they are holding trust for and so on. called the Jack Jacaranda principle. And Plummer is just trying to be consistent, that's all. Mr. Plummets No, Mr. Mayor, this document is�not complete. as Mayor Ferre: That's correcto.be sauce for t e ganderherwise known .hat's sauce for the goose has got to Mr. Plummer: All right, let me ask on the record. There hat another corporation his ere "Namora Corporation "• correct? Would one of you come to the microphone on the record? Mr. Michael Adlers Yes, sir. My name is Michael Adler and my address is 8181 Northwest 14th Street. Mr. Plummers Ok• Namora N.V. owns eighty-five percent of this project. Is that correct? Mr. Adler: Correct. Mr. Plummer: And of that eighty-five percent it is split between an Erick Lusowski and David Zandier. Mr. Adler: Yes. Mr. Plummer: Thank you. owski and David Zandier is the Mr. Adler: Erick Lus pronunciation. Mayor Ferre: Anything else? Are you ready? Mr. Plummers (COMMENT INAUDIBLE) Mayor Ferre: You are going to get a motion to deny pretty soon. Is there anything else you wanted to add? Mr. Traurig: Well, could you give me the reason for that, Mr. Plummer. Bob, very simple, you buy a piece of Mr. Plummer: Hey' "X�� number of dollars for it and by property and you pay do so much with it. You did that zoning application you can by taking out a permit to put up seventeen floors. What you are asking of this Commissionif we is ayouwt o do that u to go beyond. dngo What I'm saying to you 92 5/24/84 GL r sS beyond What You are able to do# because if YOU oobld would havedone ; -it without us # then what are you doing ' the. City Mr. Traurigs All right, 1 ° think that ;we failed to Althin toyou that wee are not going beyond what the . ordi� as permits us -to haveWe under developed 1, the site based on what we were entitled to have and then we filed an application for development approval with the South Florida Regional Planning Council. It's been recommended for approval by them, by your staff, by the planning Advisory Board and now we are saying.- - Mayor Ferret Counselor, don't complicate things that are very simple. You know how the olive tree syndrome operates in Miami. Would you go talk to your client for a few minutes and come back with your recommendation freely proffered. Mr. Traurig: I will be very happy to do that, sir. Mayor Ferret Thank you, sir. Mr. Dawkins: (COMMENT INAUDIBLE). Can I ask one of you gentleman over there. What the price of an olive tree? Black olive tree? (BACKGROUND COMMENT INAUDIBLE). Mr. Dawkins: No, no, I was switching to something. What's the price of a black olive tree? Huh? Twenty dollars? What the price of an oak tree? I mean, we ought to have enough black olive trees in Miami by now. Every time we come out here we got a black olive tree. Mayor Ferret I want you to notice this, Dawkins and I are together on this. Now, this... Mr. Plummer: Whoah, whoah, Dawkins, you fight your battles and I'm fighting mine. Mayor Ferret No, I'm with Dawkins. I like mahoganies and oak trees. That's it, you bet ya. And I'm surprised at you, a good conch like you fighting for olive trees. Now, you know... (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: All right, are we ready to go on to another momentous decision here? Yes, we are going to get to that right now. -- - - -- -- - - - -- - - - - -- - -- -- N - - - -- --- - --- ------ ------��1� 25. GOING ON RECORD REQUESTING STATE OF FLORIDA THAT FLAGLER STREET NO LONGER BE DESIGNATED AS PART OF THE STATE HIGHWAY SYSTEM: FURTHER REQUESTING SAID DESIGNATION BE ANNULIZD OR REMOVED. Mayor Ferret All right, Mr. Manager, we are on Item 19, then we will do twenty. Mr. Plummer: We are about ready to do seven. Mayor Ferret Mr. Plummer: (COMMENT INAUDIBLE) - No, but I'm almost ready. GL 93 5/24/84 s ia 4 ti R I iY / Y Mayor Torres What he is getting is oak tFoes� fig you# p uM►er. All right# gir# we are oft ig. _. Mr. Pierces Mr. Mayor and members Of the Ow tissi'ti ft January of 195S at the request of the Downtown Development Authority the Commission passed a motion of intent ::,to approve in principle, Arcades on Flagler Street ih the Downtown area. Sine that time we have been trying to figutS out how to implement that and we have run into Done road blocks and included in your agenda kit for today in -a memorandum from the City Attorne 's office which kind of set forth the legal impediments Yo achieving Commissioners direction. Also, we have identified what we think are three key policy questions that the Commission must address or should before we go further with this in addition to the legal problems which the City Attorney will elaborate upon more fully. Three problems that we need the Commission to address is, one, Flagler Street is a State road right now and as such we don't have the authority to do anything in the public right-of-way. Mayor Ferre: Yes, we can request the State to release Flagler Street de -designation. Mr. Pierce: Yes, sir, that was my next statement. We can request the designation. However, the City Commission must be cognizant of the added responsibilities when we take the road back. Mayor Ferre: Well, I tell you, in my opinion that's long overdue. The most important street in Downtown sometimes it isn't kept up the way it should be and we get a lot of taxes for a lot of the buildings that go up there. Mr. Pierce: The probability is that Flagler will be given back anyhow in three years or so. Mayor Ferre: That's right. So, in other words, it doesn't mean anything because we are going get it back whether we want it or don't want it. Mr. Pierce: Right. The second question is one that's raised legally by the City Attorney and I guess the City Attorney has to address that and that's whether or not expressed legislative or delegated authority exist for the City to allow private use of public right-of-way. And the third issue that the City Commission must be aware of is that there are presently three provisions in the South Florida Building Code which would prohibit the erection of the arcade structures using the public right-of-ways, which that would have to be amended before we can move. Mayor Ferre: All right, I will tell you how we quickly correct Item 1 and then we will get into Item 2 and 3. Item 1 requires a motion by the City to ask the State to dedesignate Flagler as a State road and when we get a quorum here I think we can do that. Now, Item #2 is more complicated. What does that require Miriam? Ms. Miriam Maer: I believe that we need specific, in that I mean more specific than we presently have provision in our City Code for the type revocable, temporary permit that would be required to permit the City to allow the construction in the street of the columns that required to support the arcade out over the right-of-way. Mayor Ferre: Look, I can only right. Here we have a Downtown area and unfortunately old ma n speak as one person here, all in a hot, humid, simi-tropic Flagler, since he only was GL 94 5/24/84 able to ckisel a hundred acres out poor Mrs. Tuttle#' was a cheap ,skate see and instead of doing-- -I imeant God rest his soul# but he was a cheap skate nevertholesssm-and instead of doing iniftety... 'ina'tioad ` of dieing A 'hundred and I'm sore for those. of you. that are friends of Mr. Flagler or, were frionds or your fatherswere ` frionde or... well; tieverthiless' a Ot' here to defend theta. i#e wes a rice ' old fellow ninety ; year old,. but he was cheap skate. He built a ninety ftt stre+�t•" li Ok. instead of building a decent mein street for`Miami. 'He could have done a hundred fifty feet. Mere we have this narrow little street. It get hot as a dickens froth ` this month on until October. We are trying to do what, other societies do around the world which is build arcades. Right. And the problem is that we are not able to build arcades because we have a complication in the law. So, an far as I'm concerned... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferret Yes, that's right. Is this in Havana or is this... Where is this? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferret No, it says ten cents. It's supposed to be Palm Beach. Where is this? Yes, Downtown Miami. This is Downtown Miami. Is that it? Mr. Pierce: From about 1930, sir. Mayor Ferret Well, let me ask you. How could they do this in 1930 and we can't do it now? Mr. Pierce: You got new laws on the books, you have got County ordinances on the books, a lots of things that didn't exist then. Mayor Ferret Well, there is one other thing I want to say on the record. Here is this poor fellow, Mr. Nathan Rock and here he goes around believing all the stories that we are weaving about the future of Miami and there he goes and spends, of course, I don't feel too sorry for him because he has made a lot of millions of dollars buying land, but on the other hand I think we got to have respect for his good intention of...He buys our line about the future of Downtown Miami and he goes out and commits himself to build this beautiful facility called "Flagler Station" and the poor man has been sitting around waiting for a year and a half for the resolution of this and we can't get the thing resolved. So, I for one am willing now to solve the problem, if we can solve it legally by making a corrected motion that would legally clarify all of this. Now, Miriam, you got any legal problems with that? Mr. Maer: From a legal standpoint I think what needs to be done is specific amendments have to be made to the City of Miami Code and the South Florida Building Code to allow for this and the design... Mayor Ferret Mr. Manager, if it's the will of this Commission, does the administration have any problems. I mean, 0 Does the administration have any technical or philosophical problems in permitting arcades in Downtown Miami Flagler and other street? Mr. Gary: No, sir. Mayor Ferret So, if it is the will of this Commission to do it then we can proceed. Is that right? I mean, there is no technical reasons why we can't? GL 95 5/24/84 0 .. l -djjy 3 , other thah ` ghat r stated, no "Ms. _t4 jr j' What I just want to make clear lit that the first step is either the State Statute has to be amendedAo ' t krbvide' foti this or the, City hast6 reassul" es sio3 foie that maintenance of Flagieir Street. if it's no longer -, Mayor Ferret No, no, you are mixing apples and oranges. Ms. Maer: Once it's dedesignated, then the next step is... Mayor Ferret I mean` I'm only talking for one. We may not have three votes here. I would move that the City of Miami officially go on record with the State of Florida requesting dedesignating Flagler --- as what? As a local street? Mr. Pierce: Mayor Ferre: Ms. Maer: system. Mayor Ferre: Mr. Plummer: City of Miami. City of Miami street. As to no longer be part of the State Highway So, move. Second. Call the roll. The following motion was introduced Commissioner Ferre, who moved its adoption: MOTION NO. 84-586 A MOTION OF THE CITY OF MIAMI COMMISSION OFFICIALLY GOING ON RECORD AND REQUESTING OF THE STATE OF FLORIDA THAT FLAGLER STREET NO LONGER BE DESIGNATED AS PART OF THE STATE HIGHWAY SYSTEM; FURTHER REQUESTING THAT SUCH DESIGNATION BE ANNULLED OR REMOVED. by 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo ------------ ------------------------------------------------------------ 26(a). GOING ON RECORD IN FAVOR OF THE CONCEPT OF ARCADES THROUGHOUT THE T1iE_pOWNTOWN AREAL AND MO RE_SPECIFICALLYj_€EAGLER_ST__ Mayor Ferre: All right, now the second motion is...help me with this Pepe. The second motion is that the City of Miami go on record in favor of the concept of arcades along the streets of the Downtown Miami area and specifically along Flagler St. (COMMENTS INAUDIBLE) Mayor Ferre: What? Well, tell me. Ms. Maer: I think the next step here is to begin the process to amend the South Florida Building Code. That's at Dade County. We have to go to the Board of Rules and Appeals make a presentation and obtain the necessary amendment. GL 96 5/24/84 t { Mayor Ferres you said it perfect. Thank ybus Mr Chairman, YOU got a motion and a second. INAUDIBLE SPEJUMRs Call the roll. The following motion was introduced Commissioner Ferre, who moved its adoption: MOTION NO. 84-587 A MOTION OF THE CITY COMMISSION GOING ON RECORD AS BEING IN FAVOR OF THE CONCEPT OF ARCADES THROUGHOUT THE STREETS IN THE DOWNTOWN AREA, AND MORE SPECIFICALLY FLAGLER STREET; FURTHER AUTHORIZING THE CITY MANAGER TO PROCEED WITH TAKING THE NECESSARY STEPS TO AMEND THE SOUTH FLORIDA BUILDING CODE, ETC., TO PERMIT ARCADES. by 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. _Commissioner Joe Carol jQ______________ -5- TO AMEND CODE 2 S7 INSTRUCT CITY ATTORNEY TO DRAFT NECESSARY DOCUMENT AND PROVIDE FOR USE AND IMPLEMENTATION OF AR-ADES_IN CERTAIN AREAS_ -------- ------------------- EMT Ferre: All right, now what's the next thing we have to got do? Ms. Maer: Is to instruct the City Attorney to draft the necessary legislation amending the Code to specifically provide for these arcades along the right-of-way. Mayor Ferret So, move. Mr. Chairman, you got a motion on the floor. It does matter. Mr. Dawkins: Second. Mr. Perez: Do we have a second? Mr. Dawkins: Second. Mr. Perez: Do we have any discussion? if not call the roll The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION N0. 84-588 A MOTION INSTRUCTING THE CITY ATTORNEY TO IMMEDIATELY DRAFT WHATEVER LEGAL INSTRUMENTS MAY BE NECESSARY TO AMEND THE CITY CODE IN ORDER TO PROVIDE FOR THE IMPLEMENTATION AND USE OF ARCADES THROUGHOUT THE STREETS IN THE DOWNTOWN GL 97 5/24/84 71 1 VVi'W-F 'by ►#Loner:.Im� e�, ' '."�tecended: and adopted by theai�.or�ii� vote� ^ . was'passed O; isaioner Miller J. rie ►3k3.ne ti _ Ayna l Commissioner J* Li Plunraeri Jr. ^, Vice -Mayor Oemetrio J. Perstr Jr. Mayor Maurice Ai Ferre NOS92 None. ABSENT& Commissioner Joe Carollo Mayor Ferret Is there anything else we need to do? Ms. Maer: I think that does it. Mayor Ferret Mr. Rock, do you have anything you want to say to the Commission other than thank you? Listen we arelbbei g very light hearted in the meantime you are losing a Of money and we don't mean to make jokes about all this. Mr. Plummer: He is not losing any money, he hopes to gain more. There is a difference. Mayor Ferret Yes, ok. Well, that fine, but I mean, we have been holding this problem and there has been a hold up in the process for a year and a half and the poor man has been sitting there waiting and I understand.•• Is it Downtown Merchants Association? Who is the president this year? Is Mike here? No. You want to add anything to this Willie? Mr. Willie Gort: My name is Willie Gort. I'm the Executive Director of the Downtown Miami Business Association. The two years that I have been in Downtown all the studies that we have had to tell us that in order to attract people into the Downtown area from the adjacent neighborhood and bring people down... the ninety-five thousand workers that we have in Downtown into the street is just this type of building in specific. I-----------------N----------- SSUANCE OF DEVELOPMENT ORDER FOR THE CKEL 27. APPROVE 1221 BItIROVE PROJECT. A DRI; FURTHER ACCEPTING VOLUNTARILY PROFFERED OFFER F� R� COST OF BUILDING TO GIVE THECTENNIS2COURT CASH OR TOTALLY C AT MOORE PARK, WHICHEVER IS GREATER- ------------------------------ ----- ------------------------ Mayor Ferret We're back to Item #7. Counselor. Mr .Robert Traurir • the Mayor, factfothathe weeCalreadyord a1 have an want to acknowledge to obligation and we'll meet he city housing obligation fund• contribute approximately $12 ,000 to that Mr. Plummer: I move Item #7. Mr. Traurig; That is the housing fund that is being established by the administration which will utilize this money for construction, probably in the Overtown area. GL 98 5/24/84 i"VC, u to t r fia $tll # ' What hOus ins fund � Mrr � dary� r T = Mr. d�►ry: Theusi�lg Y ponddu Just estabii�h.: Mr. Traurigs 0y ordinarycer Mr t)awkins, on July got 1003t this +�bmiesion asended the SPI-S zoning tagula i�►n�. " �n� thi nge you provided is that if there is a cams" .he sire of a thi development those developers have to contribute $4 ' a level into a housing fund to be square foot above a certain the City to be administered by the city., to. - be paid to utilised in connection with low income housing projects in depressed areas. Mr. Gary: commissionerDawkins, I think what he is saying is, and correct me if I'm wrong. He is going to contribute $120,000 to the City for purposes of housing. I think that is what he said. Mr. Traurigs Correct. Mr. Gary: Thank you. Mr. Dawkins: But what he said and what you said and what I'm fixing to say is what I mean, that there are other areas in the City of Miami where we can use thisl hm alike money other than the Overtown/Park West area. Ferre, I want it in the records. There is Wynwood, there is Liberty City, there's Little Haiti and all these areas so let's don't get overtown Park West all and these forgetn about issues these and everything in / other areas. Mr. Gary: If you hear my comments that try to clarify what I thought he said he agrees that he is contributing $120,000 to the City for the purposes of housing. Mr. Dawkins: And I'm saying that the period and the comma and the exclamation mark are other areas other than Park West/ Overtown. see And the other thing I would like to say to everybody, all the developers. You know there are enough olive trees in Miami but if somebody decided that they wanted to do something grateful for the City of Miami there is Moore Park that we are struggling, trying to put a tennis program on and if someone wanted to donate a grass court of clay court for the Moore Park area I would gladly accept it - Those little black boys and girls and other minorities that the Mayor mentioned cannot play at Moore Park and become tennis stars and go away and compete on clay and grass when they have not practiced on clay and grass The only ld thing we have at Moore Park is asphalt. So I just to see that whensome some olive theseother people come down here t at they would give me and a want to done little something for Moore Park. Mayor Ferre: Okay. Now, k y, Mr. Manager, awhat related re non - related matter.... clarifying? Mr. Gary: According to what he said, if I recall, you said you are obligated already to come up with the $120,000 for housing as the result of your increased bonus. Mr. Traurigs That's correct. Mr. Gary: I thought that is what you said. second. Thank you, Mayor. Mayor Ferre: In other words you're giving obligated to do anyway? Hold on one us what you're GL 99 5/24/d4 Fir I3 t'7 ka A � f Ticauric r We.i rMrbpiuer bid 8lh gtsi ,g t118 initially &4 to w4hethor or riot_ w6 were ; dreric►'% contribution' to the pity, and st l'aeitg yea : we contribution of $120, Ogg to the City►. Mayor Ferret Of which you're obligated already? Thii' 01"a contribution? Mr. Traurig: Only as a condition of this approval would we be obligated. We were not obligated prior to this minute, but makeithe con�rib approve of $iwill q� hen have the obligation to Mayor Ferret in other words, under normal circumstances you would not have to do that and you're saying this is something that you're doing totally beyond what you would normally have to do, in addition to whatever you have to do. Mr. Traurig: I wouldn't want to deceive this Commission, at this point the building which has been permitted does not require that we make a contribution to the City. if you approve this modification of this development order then you will then be approving an increase in size in the building, the result of which will be that under the City ordinances we have to pay $120,000 which we're agreeing to pay. Mayor Ferre: Bob, that's not a contribution, that's say ing Good that you're going to do what to you have to do anyway. that kind of a game. God, you don't really want play Mr. Traurig: Mr. Mayor, we are making a contribution consistent with the ordinances. If you're asking us to offer something in addition to that we had previously indicated that we would contribute $25,000 or build the tennis court for Mr. Dawkins at Moore Park, whichever is greatest. We'll either contribute $25,000 or build the tennis court in Moore Park, whichever is greater. INAUDIBLE CONVERSATION Mr. Plummer: Well, they have left an open check is what they have done. No, whichever is greater. if it runs to $50,000 they have agreed to whichever is greater. Mr. Traurig: Mr. Plummer, I assume that the development order is amended to include this as an additional condition. Mr. Plummer: Fine. INAUDIBLE CONVERSATION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-589 A RESOLUTION CONCERNING THE 1221 BRICKELL AVENUE PROJECT (MORE PARTICULARLY DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY AMERISWISS ASSOCIATES; AUTHORIZING A DEVELOPMENT ORDER; APPROVING SAID PROJECT WITH MODIFICATIONS AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT "A% THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL rt/g1 100 5/24/84 iTTA ' ► NCL J iVE o AND INCORPOUTED MAIKINO: FINDING I t pit.0VIDIN 3 Tuhl, TH2 Aitfit"141mv A . I jat BINDING WDI THE f NTRtNET :AND 1�1�OVi�l1��! TEAT " CRD tr AS , APPROVEDr is CONTINGENT 1 ISSUANCE Or A MAJOR USE MC IAL I DIRECTING THE CITY CtJMK TO; SEND HEREIN ED RESOLUTION ENCI A�`�'ECT 8 AND THE DE ELO Ek• body Onf (Here follows toOfficelOfithe citytClerk,) here and on file in the 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 Demetrio J. Peres, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo w - - - - - - - - - _-- 28. INSTRUCT CITY K"AGER TO RAKE A STUDY OF GLASS OR MIRROREDE AN ADVERSE ENVIRONMENTAL HIGH RISE BUILDINGS IN THE BEFFECT DRICKELL UE WHICH MAYYCAUSE To THE CAD REFLECTION OF HEAT FROM THEIR SURFACES - REPORT BACK TO COMMISSION WITHIN THIRTY DAYS. Mayor Ferre: I would like to make a motion, Mr. Manager. I think we are in for a major major and serious problem with glass buildings in downtown Miami and Brickell Avenue. I would like to make a motion that beyond the construction of this building the City of Miami consider putting a moratorium on the construction of any more glass or mirror surfaced buildings, high rise buildings until the administration comes back with a study and a recommendation as to exactly what factors are involved. It is my understanding that when you get two mirrored or glass buildings on the opposite, somewhere in o the middle of Brickell the average heat projected is 140 during mid -day and that we're headed for a major environmental disaster if we keep on. These buildings are fine for New York and Boston, but with all due respects to the developer, to the many developers to linking properties and others, there are about four or five of these glass or mirrored buildings that are either up or going up, I think we are headed for a major environmental disaster along Brickell Avenue and I would like to move that the administration come back with a full study on this major issue. Mr. Plummer: mr. Mayor, I would have to vote against the motion only for this reason: Putting a moratorium is very harsh, I believe the administration can come back in 30 days and we can decide it at that time. Mayor Ferre: I didn't say put a moratorium, I said consider putting a moratorium. Mr. Plummer: After the study. Mayor Ferre: Of course. rt/gl 101 5/24/84 0 Mr`' piu�f -dhr ftid af+srhii� buil4, ferret After this ,. buildifig • We owit�u�aiykhyar gpadt this b»ilding, thei ve got their itt fr nave you anA the t1 at', I m saying I WAnt t+D' 1016W `� Pb ee�eious intent Of this a if you' come 'hack - with a study , �,�t Willing to go, to the }point of putting � a Moratoria _ on , �� building of anymore gisss surfaced buildings &hYi nd" ro ` W'hOra theta is more than one glass surfaced building. The following motion was introduced by Mayor Ferret who moved its adoption: MOTION NO. 84-590 A MOTION INSTRUCTING THE CITY MANAGER TO MAKE A STUDY OF GLASS OR MIRRORED HIGH RISE BUILDINGS IN THE BRICKELL AREA WHICH MAY PRODUCE ADVERSE ENVIRONMENTAL EFFECTS DUE TO THE REFLECTION OF HEAT FROM THEIR SURFACES, AND REPORT BACK TO THE CITY COMMISSION WITHIN 30 DAYS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ---- ------------------------- ----------------- 29. LONG DISCUSSION IN CONNECTION WITH THE ADMINISTRATION'S ANNUAL REPORT ON CABLE TELEVISION. -------------------- ---------------------------------- Mayor Ferre: We're now on Item 20. Mr. Manager? Cable Television. Mr. Gary: Mr. Mayor, we have before you the annual report which was required by ordinance under the Cable TV License. I would like to give you a summary of the report that you have before you. The first deals with the performance review and under performance review there is an issue with regard to the difficulty of monitoring compliance. Basically, the company habitually fails to supply necessary information and documentation. The failure to supply requested information in a timely or accurate fashion, misleading or inaccurate responses, responses only when threatened with penalty. Second, staff investigations have raised serious questions regarding ability to comply with the ordinance. Major concerns are the company may not meet the November timetable, outstanding problems are cross connections, downtown construction, pockets of unserviced areas as demonstrated in the memo of 10% of the system. Technical performance, the system may not reach its required performance standards. Proofs of performance given the City are now in question. Third, construction and installation practices. Staff investigations have revealed numerous unsafe, unworkman-like, unsightly and unreliable practices. Fourth, institutional cable. As is currently being constructed, institutional cable will only serve half of the institutions proposed. Fifth, programming - the company's commitment for black local origination is unfulfilled. The rt/gl 102 5/24/84 i cityis staff is instructed to worx wZLn VCv..yia ni••___ -_ to develop Company's i plan for CdMP anda t it :646mNaT to training, there are some questions about the company's comitment to its training program- Affir"tivs Action, the plain has been deemed to be unacceptabl66 Moit significantly is under representation of minorities and women in management technical and sales categories. With regard to minority purchasing, the company has stated that almost 1.8 million dollars have not been spent with local minority vendors. Staff investigation revealed instead only $24,000 had been spent as opposed to 1.8 million dollars - Minority ownership, there is a request from TCI buy all outstanding stock and MTCI was relieved, nrit5rity ownership. Complaints: Serious problems resolved, resolving around subscriber complaints, mishandling i handl ng 40$ O subscribers has cost the company considerable of complaints are unable to be contacted by the company and failure of company to show up for repairs and installation. The company is not complying with the provisions of the ordinance regarding complaints and it is becoming of a large magnitude that we question whether or not the company will be able to meet its commitments under the ordinance. terms of our recommendations, Mr. Mayor, we are saying at this time that there are a number of improvements that need to be made by the company and at this time, I'd like for Ms. Sue Smoller to go into specifics. Ms. Sue Smoller: Mr. Mayor and members of the Commission, as City Staff, we feel that a close investigation is necessary to determine the reasons for the performance that this review has discovered. We feel that it is important that the roots and the depth of the problems and how best to resolve them should be determined. We feel it is important that a financial analysis based on verifiable financial information and documentation needs to be done to determine not only the company's present financial status but their projections and their possibilities for the future. This, as you may have noted in your report, we alluded to a set of questions that we have addressed to the company to try to resolve some of the lack of information and some of the conflicting information we had in regard to the financial status. That information was to be due to the City last Monday by 5:00 o'clock. We have not at this point received it. When and if that information is received what we would like to recommend to you is that Touche Ross, who I'm sure you all recognize as a very qualified accounting firm, also is very well recognized in the cable television industry as an outstanding analyst working with the industry in determining financial status and profitability as well as management. And I think that Touche Ross again is a very acceptable firm because of its reputation within these industry and it has also worked with cities as well. Touche Ross would help us do with that financial information is to construct a computer model that we could use not only now but in years coming. Into the model, then you can plug things in like rate changes, what would be the effect of a rate change, what would be the effects of not having to provide the local origination equipment, would that improve the profitability, would it not improve it, that kind of analysis, that kind of what if analysis could be very beneficial to the City and we would recommend that the Commission not make decisions until we have, the City has an opportunity to have that kind of information to make those kind of projections. We also would recommend, because of the problems that we have uncovered, and it has not just been the work of our inspectors, it has been the public that have brought these concerns to our attention. We believe that there is a need for a management audit. Again, Touche Ross is perfectly qualified because they have done this with the industry and with the appliance in the industry rt/gl 103 5/24/84 N a� 2 ry � 4rvc#� bb ter_tryto c�ste�t�itre i�dhat tfie�e p�`d'bletne +� i }l�1t� ��'te� �� togowed die is VP�h�►t we would reu end to you .i i.. �Iay�ar . �'ef'�e t All tight i Senator, do you �tish to be hea�'d �'� thila time? Senator Ron Meyer i Mayori members of the �istiOni it that this was not the type ra of -fo W&6 my understanding today that would he turned into a debating contest regarding the specifics of the report. not asking you to debate, I asked you if Mayor Ferree I'm you wanted to comment. Senator Meyers% Yes• our comment is simply to advise the Commission that the Com to ythe report in all f its is in the cess of paspects very detailed response and we will have that ready within 10 days With submittal bmit al to the City Manager and the City Commission. estion as Ms. Smoller's suggestion or the City Manager's sugg to the appointment of an outside independent objection to that look at the system. We have absolutely to sit down and but we certainly would like the opportunity consult with the City Manager and have some kinWe finput as to who this independent consultant should be. don't think it to turn out to be a unilateral one-aint ded thing that the Company and the Commission should jointly, the Company and the Manager should jointly agree on who this outside consultant. is. We have not had an opportunity to examine the qualifications of Touche Ross in the cable television industry, certainly there are 7, 8, or 9 other cable TV consultants in the country that are available for this type of work, the Company would like to have an input as to its approval, a joint approval on who this outside independent consultant is going to be. I think that is very important. Mr. Gary: If I might, Mr. Mayor and members of the Commission, I think it is important to understand the roles and I think we confuse them a lot of times and even though I would not mind them reviewing the qualifications of the company I think the decision should be the City Commission's at the recommendation of the Manager. I would also like to think it would be appropriate, Mr. Mayor and members o just Commission, that the study should encompass more than management audit because I'm of the professional opinion that a lot of the problems that are caused and that are alluded to as economic problems associated with the problems of the cable, I think a lot of it has to do with how the cable company is being managed. I would suggest that the study management audit include also a determination or analysis to determine whether o that he accusations or current ordinance allegations of the cable company the is too strict to make the local cable TV economically feasible be also reviewed and that addresses the concerns of sed the request for the o din nce But nie think that to they make it pall which we will discuss encompassing we need to look at the management first and then look at the economic feasibility of the current ordinance in terms of u ction on wan teconomically her or not hcompanyis cable feasible basis based work, can f upon the agreement that they signed. Mr. plummers Mr. Gary, I would hope, since it is obvious that that is what we are going to do, that all questions of dispute be looked at by the outside expert and consultant. We sit up here, we are not experts In cable TV. We would hope that a these one side, we hear the other side. consultants, whoever they are that are chosen, could speak to the issue of the cross wiring and the interactive system, rt/gl 104 5/24/84 I that all the elatters that at are u in the air by s in., areas is it► .� got" would be looked _whatever ak �1 . toomhis . +Gc� liti- ft t�sink the one thing r i t can that we would like t+o get this matter reeolved and .+het to d us, 1 have heard that edeb the of ► y.and behind I have heard it express y member of this as far as I'm concerned et this matterthink every tc� gat. it Gotartiission would Soikifto here are any areas that need behind us. , to go to an outside consultant clarification and we're going is et it all aired out. Let's get all matters resolved• le 9 If I might; Mr. Mayor and members of .the Mr. Gary: been difficult for us to manage has Commission, this company will help' But I think an and I'm hoping that this approachhas to 1p taken now during attitude on behalf of the company it is concluded that this the study and after the study - let me company should continue to be the cable company give you an example- you know, we talk about whether or not staff is being too hard, but we are requi�ea a nda r ordinance to provide you information and you always tell me, you responsibility respo that and,tosthe citizens., We have a have fiduciary nsibility letter here, and this is symptomatic of the problems we have with this cable company. We have a letter here dated May Smoller's request for additional 21, 1984 in response to Ms• ally provide to this City information that we have to leg ed by you as our Commission in order to continue to be Action in terms employer, and thisis regarding . business with minority vendors, and this is of them doing insults our intelligence and symptomatic of how this company what they're is really not about the business of doing ive us a list supposed to do in the ordinance. Here they g of minoriR-V- Martin ty vendors. It startseAmericas, MiamihTimes, Jackson Hardware, includes Diario Las Am They Detective Agency among 8 firms. The total is $23,988Then it say total amount from the above list is $23.98,898.12 - this says other minority concerns: Activ Miam $63, have taken is minority participation? City of Miami, they credit is for 1. 7 million dollars eor�nd What I m their, isl they included in their minority P as credit for their have included their payment to the City business with minority contribution in terms of doing minorities. This is in black and white. Mr. Plummer: What is the 1.7 they gave to the City for? Gar: other minority concerns - the Franchise Fee. Mr. y as to what the 1.7 Mr. Plummer: But was it designated would be used for? Mr. Gary: No, sir. the annual report. In the Ms. Smoller: This came from d t at 1.8 million dollars had annual report the company s gone to minority vendors and wpleasethought just justify thatebecauseli n and so we posed the question, p looking at the look of minority vendors which at that time had no amounts •::�� or, I've got to say this on the record Mr. Gary: Mr• y roving and us because if we're talking about re at about s the business of improving services and getting 've got to delivering the services to the citizens of M Bamanl honorable say this. Mr. Meyers, the attorney, oing to do gentleman, he comes to us, he says, "We're g Meyers is the attorney and when we sit down right." But Mr. problems to bring and negotiate with Mr. Meyers to resolve them into compliance with the ordinance, when it goes out to rt/gl 105 5/24/84 e o le whare he is not arorunde 06ubd thinn in the operatio poop et done tOV's eer�ti"Go hin i�►w offoe ► things d�►n � � mr • in order fors► to to dhang , Mayon you right ftbwv, o - this is symi t�tgtin of w2tat I m telling 11 i b t.he ord:Lft&nd4t are going to COMP y ronr�et Mr• Meyers said they e us accurate informatit�nr they are going to et information that is inacaurater not information and we g if you want us to really and is misleading, So thorough his firm it is very difficult for us to do tat evaluate t information is changed Mr et erroneous information, difficult, • when we g give us It is very information is not corrc the company when tbey customers tvmers Mayor, for us to manage're servicing so many want to information and tell us they et again they and we send our inspectors out but a on inspectors it is ending so much money know why we're spending And when we go out we find 10 ze s the hooked up. t ey because had hooked up to citi said that they more examples, many more. Until they I could give you many in partner takes that take that posture and until that managing P o le who work in partner and until it gets down into the P roblems• These that office we're going to constantly have p these are not problems of staff are not economic problems, we can demonstrate wanting to persecute the cable cOf omer of their violation of to you with reams and They operating in bad faith and we're this cable lice correct that, Mr• Mayor, in is until they going to correct we're saY� g problems - that No study is g going always to have p that problem. Mayor Ferre: Senator Meyers? : Mayor and members of the Commission, we Senator Meyers ort of an independent consultant hope that the outside report I'd like to talk in a minute that is fairly selected, process of that selection, about the process, the mechanical p full make some kind of ancoverall should be donis as e will hopefully what the picture is here and whatextent we also for the company to athe nd I thin I dto,I can as We, in speaking a lawyer speaking for the company, ive tree that You're speaking want to create the i°_tlzelcompanY and the City are partners of today• certainly a to be problems during this cable venture which is a new venture in the coup r • in there are going And certainly this is happening all over the ctontrbe construction phase, there are going in the urban areas, certainly to there first to admit that company is going have been some problems• The phase there onse of during this construction P you receive the res able to problems. As you will note t Wee thin things will be an to the rep objective the company going to stand at even out a little bit in what But I amvnot sga more 6report look at the entire picture. piece through that repo _ this microphone and argue piece by P s they say in that with Mr. Gary, some of the thing true today problems the cite are absolutthe Way - There and some of the p t to correct them along and the company will attempt We say are not accurate and we to point out where they are not There are other thing that I think the want the opportunity pervading thing = accurate. But the overall P hich has been suggested by the Commission should do today ointment or setting City Manager and staff is the outside ntment of a consultant up the process for the outside aPP look at this entire picture to look at what can be done. to Manager and to you that a lot of things I suit to the City caused by economic that he has mentioned have bbeen, dire rectof some very onerous problems in this company Y, in this country can live with• We would like an provisions in that license which no company including this company at We are saying — outside consultant to look at that. is I'm not going to go Ilm sorry, what I'm simply saying report today. into the substantive nature of the 106 rt/91 5/24/84 4 ta,� give just, Senator let 0 mayor parrot I understand, doubt; let me, - go Over everybody ;the proper benefit Of the # I properly• Who we under -stand each other , this so &I report to the comidsion had administration in their annual 8, , .1 think I -have made some very serious substantive charge etting you with due diligence,answer thOSO no problems with I answer those charges and where you are your company ans misbutsketo correct thsmb charges# ere YOU have committed there is a %Or,&wrong, Wh important issueis the underlying Now# that is an issue6 The More important issue important the cable TV operator that that evidently Compel cations reasons# to request for a series of mod agreement has the license tally changed the which in my opinion obviously to which a Commission for a public bid process that we put out selected the recipients Of that of the city of Miami through a great deal Of expense# 6 NOW# we went legal advice. The license to get the best technical and contract as trouble thorough a job negotiating that negotiating Manager did as committee in be has done with the help Of this Comm the what isState considerd the Rouse contract and we came out with d So it is the toughest best agreement in Unitele over the industry as the Miami Cab referred to all uses it as a of the art. Everybody u your Franchise as the state to get- NOW, and what cities Ought with their eyes open, comparison of ined it knew they signed it sic they clients when t tly what they -were signing ,and they knew exactly W, it turns out that y what they were getting into. No exactly States of America in contrants througilOut the United eovernme# that are less strict and not as favo are Popping out all over the there are serious problems that are in Dallas and others are place. Some Of those problems and what have YOU - It turns in Cincinnati and Pittsburgh a this Miami franchise or Miami license of your clients who owns 50% Of out that one is out buying some of these So you know, on the one hand ed cable TV operations. tions. cable TV our uthat is in trouble you say that it is the one of ycompanies that owns 50% yet on the other hands these Cable TV operations that of this is going out buying have these terrible conditions and so the problem that I is the understanding of such a complex have with all oon his the one hand you have problems along wit' industry where industry and on the other hand one of your the rest Of the indust and big ones, as I is out buying troubled - tract with owners TCI recently concluded a con don't understand all of that , I Pittsburgh. NOW# I don't understand 're not ism understand where the merits are and where they What I do not understand, I think not for or against. of this is to understand what this is before we conclude any asking for is substantive What your clients b a substantive issue when we have such a neg all about- Wh are cannot move on such ding from the changes. This Commission ative report pen of these clouds that are administration and when we 'have all move ahead to Once again not clear. Therefore, we must now understand what exactly is get to the process Of trying to go through the g p and gettineople to 'help us field. happening knowledgeable and expert in this process that are kno you to understand that it may (2) And I want That is (1) , to an agreement with your firm, be that if we cannot come to alter any Of the if this Commission decides not and then we may have to get into conditions that you agreed to, Now, of rebidding this whole thing over again the process if we get into a rebid process the value Of that obviously, ended would have to be taken into account* which has been expen Ms. Smoller, that we would not have to Now, I would hope,re by the cancellation of the contract get into such a postulegal issues and which then opens up a Pandora's box Of thousands of dollars of legal expenditures hundreds of the hundreds of thousands of dollars we have don't mind firm of Arnold and Porter in Washington spent with the law rt/91 107 5/24/84 sild that, we could 'Haws the best co of a )lar,� to defend and? e ands have to spend hubdx-Odd of thousno to et into protracted and complicated of cj aid ' what t'he �er& Wherewe don't know vhbre we r g result is and nobody benefits, with all due'rheot► `bait` la .erg. so 1 would hope that wherever'we're headed thewSP that it is done - with this that we do it in such a way dili ence and under due process but d$ to understandb that g thismatter to a head Quickly • question and if this is such uchaasc the aonewin Pitis tsburgh. 1. Out urchasing failed contracts s is now - and secondly# we need to know where thebindustry nager was. Maybe we did sign too good a contract, maY just too efficient and it is too good a contract and nobody. an live with such e case then a contract. But if that its thity and a sense of I think for us to main re the son Y way out of this integrity in this whole process, would be for us to set for haa rebid and see seiftthere are appropriate and put it out takers on that. And if there a1eManager then we would have to re-evaluate our position. Mr. Gary: Mr. Mayor, I would like to make a few comments. First of all, just for the public's sake we can't cancel the ding that at this particular contract and we are not recommen You would point and time even though wI are think ites important that we have to do that. Secondly, because we ,don't get straight do a financial analysis, and thirdly, I think figures before we begin to do for them to respond to this it's appropriate Mr. Mayor, annual report. They need to respond in terms of... Mayor Ferre; I think we need to do that before we do get anything else, Mr. Manage have ir. n handere ss no use a response from them. Touche-Ross, until we that the response So, but you have beard. thinstor Meyers say ten days and I assume, you know, will be forth coming period of time. that that will be within reason within that p going to Now, comes the question of who it is that we are g 9 retain. You are recommending that we retain Touche Ross. Mr. Gary: No, we are not. Mayor Ferret How did the name Touche Ross come up? e in Mr. Gary: That was in terms obusinessmanagement determinec what terms how they managed the with the affect it's having on their ability think pit would be Mr. Mayor, signed. license they g give the response. I think it would appropriate for them to be appropriate for us to come back with rec management eaudi dwith do the final analyasswellwell someone alsowhowould do the the understanding to have to be state of the s experienced inncablet�s going somebody who i Mr. Meyers: Yes, it is,,* Mayor, it is... Mr. Gary t Let me just finish, if I may. Mr. Mayor, I think it, s appropriate if we may,allow lothen we can cont� finuenls up and then if we may Mr. Mayor and Mayor Ferret I apologize. I thought you had finished your presentation. Mr. Meyers; If you will allow me just for a minute, because my remarks have no direct bearing on what Sue is going to say. rt/gl 108 5/24/84 t�a►yor Porto t ahead- Senator and then I will, t6609ALAe You Suet to ahead. in i cl'arifying for the record ona ;-69 ter, Mayere : mayor, s p y g TC1 Cut thed. the ancillary points you brought up regarding purchasing • i believe if we investigate that You 'will fit�c� that TCI s major purchases out there including pittabu�rgh are conditioned on major changes being made to those franchise. Very similar to what we are talking about in our request of changes and that is one of the conditions to their purchases around the County in these— This is not any usual thing that happening in Miami. These franchises that have been made in these large urban areas are being renegotiated everywhere. Cities as you have indicated may have been a little over overkill on their side and the cable companies with greed on both sides and I'm not blaming the City for it in the interest of trying to get revenue and the cable companies on the other side in the interest of trying to get franchise may be both have been a little bit at fault in putting together these packages. And cities are relooking at it all over the Country to try to back off and come up with something reasonable. Mayor Ferret Let me... Mr. Meyers: One more comment Mayor. And that is that there may be a company ---and I would like a chance to talk to Howard about that and we will over the next ten days when this wax thatbwenare submitted talking about today, do the looking whole ball off at the entire company. Mayor Ferret I would recommend Senator that that's something that you should discuss with the Manager and that we shouldn't get into that, into proffering of any names at this point. Mr. Meyers: No, no, I wasn't saying that in thinking of any particular name. I'm sure there might companies out there that can do... I'm not thinking about any company now. I don't have any company in mind. And my client hasn't... Mayor Ferret That's something that you on behalf of your client should discuss with the Manager and then we will come to some kind of a conclusion after the Manager recommends. Mr. Meyers: My client hasn't suggest to me any names of any particular companies. I was simply saying that it might be better if we had one company do all of these things you are talking about. Mayor Ferret Well, that's something that the Manager will have to recommend and we will decide after these recommendations forthcoming. I might point out to you Senator, this is not an area of my expertise even though since Miami is deep in the middle of this I have talked to a lot of technicians on this. The other day I had a visit here from a gentleman who is the president of Cellular Radio Corporation which up in the Washington area. The electronic technology is changing so rapidly and the deployment of satellites and the use of laser beams and microwaves and all these different things and micro optics and these cellular... I mean there are so many things that are going on that it really may... I'm beginning to sense that this may all be obsolete in the next five or ten years anyway from the way things are going. Now,... Mr. Meyers: I don't know about that. rt/gl 109 -�i 5/24/84 g r ? �p f h._ g'Ia � just telling . yogi . tab'st �;;► wrh t:.#'a► worri+ about t is not -.the problem,-Of al ready. �ortr �i���� but ,the . o'ble1 .o the ,viability,,: . bltidus 4 competition as, you , .hell ; know=: , . a' ►� v ALJrsady. has beaming down on ariokell Aveinue Apnrtibi ie than are with nineteen stations and that's just the beginning. Mr. Meyers' Very serious competition. 3 Mayor Ferre: And their going to--- I will tell you they may hundred stations, but nineteen is not be able to give you a plenty to be very competitive. Mr. Meyers: And that's notthe only entertainment am t modality There , today that is competing with cable. s not the compete with trainbow that everybody entities out there thatend of the golden pot at the originally thought it was. Mayor Ferre: And furthermore I want to tell you that I had I'm building in Coconut a salesman stop at the house that couple of thousand of dollars I can get a Grove and for a will give me just about anything and everything dish that that's being beamed down from the skis that this to have likind of ry alternatives. So, what I'm saying in in television complicated world that we are We need to get on withthe communication system. Ms. Smoller: Yes. and I would like to say Mr. City asMayor na hired by theprofessional members of the Commission that I was I have worked within the industry for over and I have worked both for cities and I have twelve years now. and I was involved for the last five worked with companies in the franchising that Ken Meyers just years very much referred to on the side of the companies sometimes and li ve j sometimes working for the cities. And I would eto. and experience here. Ok. you a little benefit of my I think is is two things . Whit sort of outline to you what is the status of the industry and how does this company alluding to. And in which is just what Senator Meyers was I will do it in thirty secondly, the roll of Touche Ross and first thing is that to say that the City seconds. Ok. The Miami and the system of the City of Miami is the same as The of what is happening Pittsburgh and Dallas is fallacy. fold. First of all in those reason it's a fallacy is two the cost to construct those systems ran double cable systems triple what was originally projected and that and even caused a heck of a lot of trouble. In Miami what was to being spent and besides projected hasn't come near ide be forhaving millions are going to interactive servicesSo,aved there is one difference.rovThe second difference is rates... Mayor Ferre: That's not their decision. That's our decision. So, let's not mix apples and oranges. Mr. Gary: (COMMENT INAUDIBLE) Ms. Smoller: No, no, no, but construct costs are. then When we are talking about forty-five million project that was projected to the lender of which at the end of last Ok And there is no way year seventeen million was spent. • The it's going to come near after the way things are going• other part is rates. Ok. In franchising competition low ball rates were bid. That didn't happen here in Miami.. The rates that are in existence here in Miami and of which the pay rates were all ready raised once one and two dollars per service are high ball rates. Those are the rates of the kets companies that are out a�hsere in su alboutn uLetnusaraise want to go to now. That's what rt/gl 110 5/24/84 m _ 1 � k- W r , rates find my, gosh ► you knove W s east 60 much fore thin we ever pro3oated to 00ftstruct. That's not, Vh&t s 900 2 hire stow, this As : why t fEir ertc ►i an�aiyi� .� .e Wk4A ire why the request for ghat` ififEi�ir�f�r�i�r► � JIMport$nt. so ift rttht to the eity# that Vo be able' to hit th , e uche�tog can construct a model, so that W6 can plug it ' ouche loss Can the City that we be able to lu � . in nth se different construct a model, so that we P 9 variables and see what will happen. We can't Make t'ha And that's I think#'& determination at this time of onsult nt to thei of preliminary step to the kinds p negotiations that wig the a avail ility might t that not t f nanci&l once the City information which is so critical. Mr. Plummer: All right, so where are we? (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: Oh, I'm sorry, you are not finished? Ms. Smoller: I'm finished, sir. (BACKGROUND COMMENTS INAUDIBLE). Mayor Ferre: All right, questions? Mr. Plummer: Well, Mr. Mayor, I asked the question, where are we? Do I assume... let me run through a scenario. Mr. Meyers has said that within ten days they will proffer the information that you were looking for. At the conclusion of that ten days the Manager, I assume will come back and recommend one or more companies to this Commission to do the analysis and this and tolsdooan will analysi select someone to i$ that whereewe nd that material are? Mr. Gary: No, no. Mr. Plummer: All right, where are we, that's what I'm asking? Mr. Gary: Well, we are not going to send material to the company to analysis for the mere fact that what goes in reflects what comes out. If bad information goes in, bad information is going to come out. What we want them to do is to come here and do a complete and thorough analysis with open and honest information from the company so that you can get an open, honest and thorough report. Mr. Plummer: All right, so then the correction is that within ten days they will furnish the information that you have requested. Senator Meyers is that correct? Mr. Meyers: Within ten days we will file a responsive report to the city's annual report. Mr. Plummer: All right, then at the next meeting you will come back and recommend a or a number of companies to Now, 00wa report covering all areas of dispute. I would assume. Mr. Gary, I would hope that you in behalf of the City would outline all of the areas and I assume you would just merely send your book because that's your contention and they would in fact establish their areas of dispute so that once these reports are finishedfrom a and re reportd we don't have thanwe have today. mo re question arising Am P I communicating? Mr, Gary: Yes. rt/gl ill 5/24/84 .k - I Mdyor Perrot 'What -aloe do we flood to do's Mrr Peres: Mr, Manager, I would like to i clarify dollars s try the pity spent a hundred forty outside consultant tent service? I think that about a hundred twenty-five in legal service and fifteen on engineer service? Mr. Gary: Well, first of all there are requirements and I will let her get into the specific details. 'here are requirements under the ordinance that thhas is city fulfill commission in citizens as tell adopted and they sighed that this City terms of honoring it s commitments to the as to the law. With regard to the attorney fees, when we signed this agreement we recognized and the firm recognized that there were going to be certain legal fees that would be born in terms of preparatory work to sign the document and secondly, to appeal to the FCC in terms of getting a ver of the three and five percent franchise fee. The third with this issue is is that because we have so many problems firm that we need legal advice. Secondly, with regard to the technical services because we are having y problems with this firm we need to get a technical expertise as well as an expert to evaluate what they o, those people dare us in terms of the state to of the art. Commission being hired to protect the interest of the City and the citizens of Miami. And I may just add one other thing. To hire someone with that kind of professional expertise and keep them on board on a full-time basis ew would ' be a waste of the taxpayers dollars, if you could g person and secondly, we don't need these services all the time. Mr. Perez: In your own opinion, you think our legal depart- ment was not qualified to handle that one? Mr. Gary: Well, let me just say, and I think Mr. Meyers has said and Commissioner Plummer as well as Mayor Ferre, Cable T.V. is a specialized area. I don't think there is anybody in the Law Department's iswith regardstaff who has to cable law ed extensively on a technical b Mr. Perez: Could I get a lease of all the companies, all the law firms who handle this amount? Mr. Gary: Yes, I'll get some for you. Mr. Meyers: I would hope that the mechanics of selecting these consultants is not going to be resolved today, then we have an opportunity to discuss that with the Manager and the Commission. We want to make sure that the company in some way has an input into the suggestion as to who the consultant will be. Mr. Gary: I have a problem with that, Mr. Mayor, a serious problem. Mr . Dawkins., I have a great problem myouth that. determine Iwho j I$m asking you, Mr. Meyers, why going to pay to make a study for me? Mr. Meyers: Mr. Dawkins, I don't believe the company should made that determination, but it would seem to me that if you want to make sure there is a completely outside, objec- tive audit, I would hope that.... Mayor Ferret Senator Meyers, Mr. Manager I think w the e are getting into a semantical trap. The point company or companies or firm or individuals that are going rt/gl 112 5/24/84 zty f remmended : .thO Mmitil 'Mr. M tnBg rr, r ;j don_! t „by, ,think;; you have any Objections to lintaning tt ne by . anyiody 5. Mr . .Gary t i sure don't, Mr . Mayor a. Mayor ierres Let's not misunderstand what is being 0A here. What is being said here is that they would like the courtesy of.discussing with you the firms that you are going to recommend, then they want the courtesy before this ►r mission of discussing the firm before this Commission. Mr. Dawkins: Mr. Mayor, that's not what I heard. I did not hear the courtesy. I heard the desire to. Mayor Ferre: I was just being polite. Mr. Dawkins: I heard a demand to. Mr. Meyers: Commissioner Dawkins, Mr. Mayor, I was talking about the possibility -this is not a final suggestion, but a structure whereby perhaps the City Manager would pick a consultant, the company would pick a consultant, and those two consultants together would select a third. That is only one method. There must be some kind of ground that we could reach as to a satisfactory outside consultant. Mr. Dawkins: What I would suggest to you, 'you hire your consultants and we hire ours, then if the consultants have to consult and have to come back, then we'll get a third. Mr. Meyers: We hope that we don't have to do that. Mayor Ferre: Senator, I would recommend, at this point, since I think we were almost out of this in a reasonable way, that become a bone of contention until ... there is no use crossing bridges until we get ... I will recommend that rather than approach it the way you stated now, that you try to work with the Manager and with the Administration in discussing with him and perhaps you can, on a one-to-one basis, come to a reasonable agreement and have them recom- mend someone who will be acceptable to you and to your client. If that doesn't work, then we will discuss it. discuss it now when that hasn't occured yet? I don't think, even though there are hard feelings here, I do not think that anybody should assume that there is an inability for reasonable people to differ and come perhaps to an agreement. Let's hope that can be done. if it doesn't work, then we'll deal with it at that time. Mr. Meyers: That's the only thing that I wanted to estab- lish, that issue was over. Mayor Ferre: Yes, sir. Are you part of the Americable group now? Mr. Ernie Fannatto: Mayor, I'm not qualified. I don't think the Manager is. I don't think you are, and the gener- al public.... Mayor Ferre: Wait a moment. Mr. Fannatto: Ernie Fannatto is my name. I'm President of the Taxpayer's league in Miami and Dade County. This is a serious matter for the public. I don't think your City Manager should select the consultant. I don't think the other firm should select the consultant. They should be a neutral party selection. Do you know who I'm going to recommend? The president of the television industry in the State of Florida; let him select somebody. Because if your rt/gl 113 5/24/84 r Y � u, $t, o Sri kn 'r h tt they aFe ., h '= �r y y going to says efe1., it's tiaiF t�bet,ti. deftator Meese -firm or. `the a6epany does # �.t uld b+s �► .voisa. I think it is ; fair to the public : hd f ►if ►" >k firm* and fair .to I the city, you, Commissioners 9-at ifs t�t�h with the president of the industry in th6 - state of r1d $ r1a and let him select the Company. Mgt, Gary: That's like putting the wolf in the chi6ken c6upt. Mr. Fannatto: I don't know one thing about this industry, but I don't think you have a right to eelOCt.... Mayor Ferret Thank you for your honesty in that. Mr. Fannatto: I just want to conclude by saying I don't know anything about the business, but mechanical businesses and instruments go on the bomb and I don't know just who's at fault in this here. I hope you resolve it in a diplomat- ic and businesslike manner. I do like, if perceived from what I said, don't make it a political way, and if the City Manager.... Mayor Ferret What are you? The Miami Herald? Mr. Fannatto: No, I'm not with the Miami Herald. I stand for what is right, Mayor. If the City Manager's selection is political, if they select and it is political, and it's not fair to the public. I think the only one that should select it is that national television company, whatever you want to do, let the industry who knows the business select it and let the public get a fair shake. Mayor Ferret Thank you very much. Can we conclude now? Ms. Janet Cooper: Janet Cooper, attorney, with law offices at 169 Flagler Street, residence at 1901 Brickell Avenue. I'd like to tell you about a personal experience with per- sonal knowledge that I have in this cable company. It came to my attention some months ago that the cable company had run wires through the air conditioning system of all four high rise buildings in Brickell Place which were coated with a poisonous substance that if a fire had occurred, and this substance had burned, which would have happened if a fire had occurred, not one person in that building would have had to worry about being burned to death because they would have been poisoned first, because this was run through the air conditioner system and the toxic fumes would have been sent out through the air conditioning system. I called this to the attention of the electrical inspector of the City of Miami. He immediately personally inspected it, issued a.notice of violation stating that this was a grave danger to life. There are a thousand dwelling units in those four buildings. He gave Americable ten days to remove this violation of the national electrical code. After approximately four weeks, when almost nothing had been done to remove this violation, instead of removing the entire cable, which was coated with it, there was an initial attempt to strip the outside covering portion from the cable. However, this cable had been run from floor to floor through the four inch slabs. I personally inspected this, and I saw that not only were there approximately six inches left at each floor and ceiling of this poisonous coating, but a large portion of what had been stripped from the cable was merely dropped on the ground in the same air condition- ing closets. I should also apprise you of the fact that all of this wiring was done without the benefit of any building permits having been taken out in advance of doing this work, as was required. After about four weeks, when we found that this work was not progressing very well, we tried to find sl 114 May 24, 1984 F 4Y M 'i +�vtt what d d�.d b ddftd t+� expedite the work. t obtained aft t was at the tiNd X ' inspection by Mri u intenes i present `fir inspecting some of the building and we that 4i�enes etas found the cable company there, or their subcontractors who "C�h we knew you were � Mere diY1g this Mork s and they said, s all of the wiring out of this one coming today. Now we.have of the fair build This is five or six weeks after this life - given ten days to remove en they had been g were just from Brickell Place. They threatening situation about finished removing it from one buildings and what were spending their they spending their time doing? They were in that one buildings while the time installing new cable life -threatening cable remained in the other dangerous, three buildings. There are a lot of other details I could think I have given you go into, but it's not important. I This was done in a life -threat- the crux of the matter. ening way, without complying with the City codes to obtain of the the building permits. This was in clear violation life -threatening, nger li national electric code. It was who dwelling units, a couple thousand people to a thousand buildings thanerested in live there, if not more, they were stringing new cable i ne of the in removing the poisonous, toxic, cable out of the other that, three buildings. If you have any questions about I'll be glad to answer them. Mayor Ferre: Any questions? If not, thank ,you very much, Ms. Cooper. + Mr. Dawkins: is there anyone here from the cable i company i personnel department? At the present, sir, how many people are in your management staff? Mr. Bill McCarthy: Eleven. Mr. Dawkins: Of those eleven, name their positions, please. Mr. McCarthy: General Manager, Director of Engineering, Director of Marketing, Sales Manager, Director of Finance, Office Manager.... Mr. Dawkins: She is considered management? Mr. McCarthy: Yes, sir. Mr. Dawkins: Not clerical? Mr. McCarthy: No, not she the Office Manager. There ar two, Fie d Managers.is Salescal; Mr. Dawkins: The General Manager is what ethnic? Mr. McCarthy: I'm the General Manager. Mr. Dawkins: Evidently you are White. Mr. McCarthy: Yes, sir. Mr. Dawkins: The Director of Engineering? Mr. McCarthy: White. Mr. Dawkins: The Director of Marketing? Mr. McCarthys White. Mr. Dawkins: Mr. McCarthys Sales Manager? Latin. al 1 115 May 24, 1984 4 L� r M'8�'ftafi��t MBna+�e7,. t u u hy VhitG 5 M na�;kins , Office Manage? s, Mr, McCarthyt Black • M bawkins: _ .: :.. Naturally, and the two Field Sales, Manageto Mr. McCarthyt One Black. one Latin. Mr. It may be personal. what are the salaries of .Dawkins: the two Field Sales Managers, salary range? Mr.'McCarthy: Sir, they are on commission. That range is from $25,000 to $35,000 a year on a commission. Mr. Dawkins: You have some page slips showing that they I earn $25,0008 sir? j Mr. McCarthy: I would have to go through the payroll re- cords: that is the approximate range. k 1 Mr. Dawkins: Would that be asking too much if I asked you to provide me with that information? i Mr. McCarthy: I will give you the range, sir, no problem. ' ' Mr. Dawkins: I have here in my hand a minority report of requested information on the 17th 1 the 30th of June. When we back all the money spent on minorities and of May, you you put down sent the Miami Times. What did you purchase for $10.60 from the Miami Times? Mr. McCarthy: I believe it was an ad. Mr. Dawkins: Godfrey let you have an ad for $10.60? Mr. McCarthy: I don't know, sir. Mr. Dawkins: I don't either, sir. Thank you, sir. Mr. Gary, one of the weakest areas of this company's compliance with the franchise is the minority involvement, and when I say minority, I mean the Black part of the minority. When you get whomever you get to look into this, I want that area studies heavily. I also have from time to time, referred people to the cable T.V. who have called me about com- plaints, and this is just one of the letters. I would also like for those letters to be compiled and put into three categories. Those individuals who call my office about service, ,those individuals who call my office about employ- ment, those individuals who call my office about minority, or whatever that excess station or what, I have referred them to you. I do have a problem. Mr. Gary: Commissioner Dawkins, again, we highlighted the poor performance on the part of the cable with regard to their affirmative action plan. We also asked them to give us an update. The last one we got was February 1984. We have not gotten a report from them, and that goes back to not getting accurate, timely, and in some cases, any infor- mation at all. But as of February 1984, just to give you an example, according to our format, which we established for them, because they had nobody who knew how to do it, offi- cial administrators, they had a total of six people; that is the top category you can have. Mr. Dawkins: He said eleven. al 116 May 24, 1984 5: Si t 11 L1 *A%& t 4-l'1ey gave �jrt Marys we have all, Let me to yo That it, -one thing about them. They gave° you ' di-ffererrt inforzation We have no confidence in the , information thft ViVe s. Official administrators # they had ,Siyti ,. die pebruary. 1984. This is only as reliable as we cart get from them. of the six, four were White, one was Hispanic, one was a White, non -Hispanic origin. So,you are talking about, for official administrative categories, approximataly, 84% being White, 16% being minority, with no Blacks and one Hispanic. professionals they only had one; that one person was White. Now when you get down to technicians, they do a little better. Of 30 technicians, 8 White, 17 Black, 4 Hispanic, and 1 White female; protective service, 25, which includes sales 25; 2 White, 6 Black, 16 Hispanic, 1 Black female; office clerical 23, 1 White male, 2 Black males, 1 Hispanic male, 1 White female, 5 Black females, 13 Hispanic females. What this chart shows you is that in the upper echelon their minority performance is terrible. As you get down to the lower level positions.... Mr. Dawkins: Lower paying positions. Mr. Gary: .... and lower paying positions, their performance is better. Mr. Dawkins: Not good, just better. Mr. Gary: Overall, their affirmative action program, do a terrific job, and they the license, they are not demonstrates that this firm censee performance, in terms of the which they promised they would were begging us to give them doing well at all. This just is not complying with the li- Mr. Dawkins: As to purchases from minority suppliers, vendors, what have you, what do they show there? Mr. Gary: Well, as I said, other than the City of Miami being the biggest minority, in terms of $1.7 million of cable license fee, they have only done $24,000 approximately of minorities of which $10.60 for Miami Times, $332.50 for Diario, Jackson Detective Service got the largest with 7,872, I'm sorry the second largest, Ad A Girl got $11,380. This is in this letter right here. Their performance with regard to doing business with minorities, according to their own records, which I have some problems in believing.... Mr. Dawkins: Isn't it a part of the franchise that they are supposed to meet certain goals in that area? Mr. Gary: Yes, sir. Mr. Dawkins: In the license? Mr. Gary: Yes, sir. Mr. Dawkins: Didn't you cite them for that? Then we sit up here and let them get off the hook with a fine? Mr. Gary: No, we didn't... see that's the thing too, Commis- sioner Dawkins. If you look at this report, if we had cited them in all cases where we would have, they literally would be bankrupt, because there are so many violations. We did not cite them for those, as well as a number of others things, because we've been taking the posture that it's best to try to sit down and try to work out these differences out. But it appears, the less you allow them to work things out, the more they flagrantly violate the terms and conditions. sl 117 May 24, 1984 '.,a�11 � '•e ,F_ ,.art ✓ � u_ 8. .Gv �",�' � � N�� 5 1 �y ti PN i .: parkins: May are Vail tell your yam, dust lost rival mints off your evaluation next Tuesday with i , 1pe s all pe►opie i Kot cite n >.i Of mifioritypa►rticipatilon, when you're one of theta? MY' . +nary 11het a are two reasons for that . The first is rt that we just died it, because we have a difficult tithe getting,information from theta. The only thing we coup! oiay then for it not giving us the information. Because it may be perceived in this community...• Mr. Dawkinst As racists. Mr. Gary: No, not as racists, but that we are picking on the firm.... Mr. Dawkins: That's what you were when you fired the Chief. Mr. Gary: ....we try to work with them to show them what kind of format they they should put it in, and encourage them to give us the information. We try to take the posture only on serious types of violations, in terms of cross wirings, and other types of violations, we cite them. But we just found out about this information. Ms. Sue smollert We just got it. Indeed, we had just asked the company for a response. We received this just a few days ago. This is how it came to our attention. Mayor Ferret Let me say this for the record, that so nobody misunderstands, this is a serious violation. I think that is what Commissioner Dawkins is stressing, that minority compliance is a very important part of this. I frankly have to tell you that I'm very surprised that $1,700,000 is counted as a minority procurement because of the payment paid to the City of Miami. I don't know how in the world anybody could.... Mr. Meyers I will check that and see what they've done there. I have not seen that. Obviously, as I have not seen any of their reports because they don't normally run them by lawyers, but I will look at that myself. Let me just add one little caveat.... Mayor Ferret; I would hope that was just a clerical error on the part of someone, and that is not a serious attempt to say that's what the minority.... Mr. Meyers: Let me add one little caveat to this, for whatever. it's worth. The turnkey construction contractor who is building the entire cable T.V. system for the company is Urban Communications Inc., a well-known, Black, stock- holder controlled. Over 51% of their stock is minority controlled. The President and Chairman of the Board of their company is a Black. I think he is one of the City Commissioners of the City of Atlanta. I don't know whether he's still there or not, but is a well -respected, nationally recognized minority company: and they are the construction contractors for the systems. Mr. Gary: Well, let's correct that. Mr. Dawkinst Hold it right there, hold it. Mr. Meyerst For wherever that fits, whether it is techni- cally right to mention it at the moment, as part of the affirmative action report that the City Manager is mention- ing, I don't know. I have not been involved in the day to sl 118 May 24, 1984 f i�T action',' T b.yt0 NL �fa affirmativ 4ht'jiis oiWiYL k16wth6t,.- i�ir. i�►wfkno r : Ht�W many inatai�.+��rs hao ;this �nyr r :it atarte inst&1ling' oable? - K' : Mr Meyers t I don't know. ., r._ Dawkins: Can YOU says then, _that this en had?one that you Just M spoke of with the sit is all they ev Mr. Meyers: He's not an installer. ldin+stheeentire stems tor; the turnkey.contractor for building Mr. Dawkins: When was he hired? Mr. Gary s Well, that's not true. Mr. Meyers: initially* ? Go back and check your records* Mr. Dawkins: Initially That's not true. I ;1 Ms. Smollers Urban Communications is one of sarac- tors. Buyers Communications is the turnkey contractor Mr. Gary: He doesn't have the whole system* , Ms. Smoller: No, he does not. rs Mr. Meyers: Urban is one of theirprime contractorsto on the and buyers, O.K•, but it is one of theprime chart. Mr. Gary: He's a subcontractor. Mr. Mayor. Mr. Dawkins: Mr. Counselor, can you have more than one (inaudible). He's one of the prime subcontractors on the Mr. Meyers: job. Mr. Gary: Mr. Mayor, I would like, since the cable company has come to the Commission with numerous requesreclude othe ing, like, since I have not been successful, tand dpjust demon - kinds of problems that we've been hav strated by Commissioner and some other Commissioners are just having, in terms of Commission Meyers encourage atio managing of the facts that this City to day operations to be the partner who controls the day Meyers to make representa- person in conjunction with Mr. tions to this City, either to the City Commission or the City Manager, whichever the case may ibe at ste pa ti ular point in time, because we keep getting tion. Mayor Ferre: Anything else? you have the directions, then? �----�- -------------N----------------------- -N-N---N 30. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE or COWMI- $38,008,088 HOUSING AND REDEVELOPMENT BONDS TY REVITALIZATION PROJECTS IN THE CITY OF MItiMI, ETC• -------------- ------------ Mayorthe Ferre: We're now on item number 22• Janet, ChaiI recognizes you, as Co -Chairperson. Ladies and gentlemen* know that there are some members of the public that wish to sl 119 May 24, 1984 Fr be Maid tin ite a Y know this gentletlan is one a �s there anybody hire who wishes to speak on the bond is�tue Mr. Victor de Yurre 3 My bath is Victor de �tdt~re s t' a member o� the East Little Havana Task Force. The �hairpdh y sort, Maria klena prio -Durant Wad;unable to remain bare*h, was here until about 6100 o'clock. She had to leaves+ I basically# e have looked at the proposal for the $100000, 00 bond issue. We are in favor of the bond tun tydto t At this point in time, we have not had the opp sit down and analyze the proposals ad to dividing the reas a10, 000, 000 into the four different n. are feel ba we need ddressed here on this document _beieve time and as we have more t► athweellubelableatoncon►ei upiwith there are two more left should a recommendation as to how areas800su h0 as the riverfront divided into the different proposedI'm just here to revitalization, housing, etc. Basically, say that we're in favor of the bond issue6 able to give our vpositioner# we eas ed some time. In time, we'll to how it should be divided. Mayor Ferre: Mr. de Yurre, through you to the East Little Havana Committee, let me ewill°havethat threethis otherthe opportunif four public hearings- YOUpublic hearings. ties to address this Commission at future p Mr. de Yurre: That's what we were hoping to do. Mr. Plummer: Let me ask a question, Mr. Mayor, as it Weads hich on the agenda, it says that this is second reading, means final reading of an ordinance. Mr. Gary: Yes, but it still does not have an effect, Com- at missioner Plummer, on how this City Comm st lsa $ ethatideswe''re it's going to spend the money. This j y going to spend $10,000,000 for Park West/Overtown. Mr. Plummer: No, it says $30,000,000. That's one of the problems. Mr. Gary: $20,000,000 I'm sorry, $30,000,000, of which is for Park West/Overtown; $10,000,000 for East Little Havana. Mayor Ferre: That's been revised and it is first reading, not second reading. Mr. Gary: You are correct. Mr. Plummer: Just to make it clear, Mr. Mayor, I'm going to vote for it on first rindlon.thistforwant second readings Iike Admin- istration prior to voting about others, want to know where and how and everything these monies. Mr. Dawkins: Mr. Plummer, let me take up on that. Mr. Gary.... Mr. Garcia -Pedrosa: Excuse me, Commissioner Dawkins, I think there is a question as to whether this is first or second reading. My copy shows that this was passed on first reading on March 29th. Mr. Dawkins: But it was passed and Little Havana was not included in the first reading. Mr. Plummer: Just for all of your edification, what's on this agenda now does not delineate any area. It is a flat $30, 000, OOO - sl 120 May 241 1984 k b .t 4 � f { A L S. Mr a Dawkins t And the second part about it �.� . . r Mr. flu erg t don't care what was pravioua. What's in front of me and what I'm voting on is what is the law. Mr. Hawkinst Mr. Gary, the second pant that; Jim concerned 'about, is in Little Havana you Come out 'here and y6u say revitalization $5,000,000; housing and land acquisition# $2,000,000t modernization Little Havana Community Center $1, 800, 0001 acquisition of land for parking# $l, 200# 000# which comes to $10,000,000. Then you go over here to Overtown/park West and you just say $20,000,000. ,t want it spelled out. Take it back. Bring it back to me, and have it broken down and spelled out, just -like you have it on this other sheet. Mayor Ferret Let me tell you what the problem is, Howard. See, yesterday, staff -and by that I mean most of the staff involved in this made- made a presentation to this commit- tee. Would you believe the City Commission hasn't seen that presentation? I saw, for example, the first time a presen- tation about East Little Havana. The Commission hasn't seen that. Mr. Gary: There is a reason for that too, because you remember we met with Alvah, and we said we wanted to kick this thing off very quickly. We had these people we wanted to work simultaneously on the community while'we were doing this, and that was the only reason that was done. Mayor Ferret But you see what is happening is you get questions at the Commission level, I don't have those ques- tions, because I was there last night and saw what was presented and I've seen this because I've been involved in it, but the point is that I think this Commission needs to be brought up to date as to how exactly...I know today it can't be done, but certainly at the next public hearing we ought to get a presentation. Mr. Plummer: Also I want to know what is East Little Havana. I want to know what the boundaries are. Mr. Gary: We've expanded that, at the meeting you did it. Mr. Plummer: I want to make sure that it is understood. Mayor Ferret I'd say those are all valid points. Mr. Perez: But it's important to clarify what will be for Little Havana, because you part of Overtown, part of Little Havana. Mr. Gary: That is already in there. I'll show it to you. Mr. Perez: Yes, but in details and it's important to have the concerns of this neighbor and especially this Little Havana Committee. They have a different concern of what we have and I think it is important. Mr. Gary: Let me just explain something, because I have no problem with what you are saying, but there are two process- es going. Nobody is trying to exclude anybody or pulling anything over anybody's ears. We recognize, and the Mayor and I met with Alvah, the Chairperson, along with some other members of the Committee, and we said that we were going to follow a process where we have input from East Little Havana and from every segment of the community, and that the com- mittee would assist us in not only getting this information, but coming out with a final recommendation to the City Commission. We will do that. 81 121 May 24, 1984 dat+ Vrdb didn i t 3. you a � i _Mrs within . two or thr+�e we soh i for th Coopers a Janet Cooper t 1411, - Janet p id V60 ie Vhidh fo Responsible fonds for parks an robls mt . , and"..Z Committed is a Icing thing setto say i understand the p co,�►is to time i� o tits Wert meetit�t�xt would like to ask this a �i $t the Conmaission, which i Y A�' set fof' today- before if you would either certain. rather than the h��rdt at 3 ss 30, �s i t we could please have finish the item that you are on atlthat mom ktal1 the ostaff so that we can hear it at 3:30. a to n for the benefit members to make theomembersoof mission and the Publicblic. We a could have could• the committee here who possibly happened Hopefully a shorter version of what Mayor Ferret i to last n g Ms. Cooper: Well, we wouldn't have any of the questions. ief and The presentations themselves were believe ethatrthe taffvhas informative, very interesting• questions that you have. almost all the answers aimo8 he bcause I don't want to...• Maybe all, I like to say Mayor Ferret I tell you, I've known Luis Sabines for many, Years* Last night was the first time I almost saw him many ,you made me angry• sit through three hours of He said, d talk. What is going on? this, all this talk an Ms. Cooper: Well, it wasn't three hours, but it may have felt like Mayor Ferret Three hours, it was 7:00 to 10:00• we didn't It was before 10:00, but anyway• and Ms. Cooper: two people start at 7:00 either. I understand ick i an. In Wasn't there* were there; do r g was D If we could right at3 30 or what ver time.... Mayor Ferre: When is next time, by the way, June 14th? Ms. Cooper: Whatever the Commission meetiinng is, June it later yes. Either at 3:30, or perhaps we may , but if in the day, whatever time you think is appropriate we could do it at that time or within a few minutes of- ic have or Ferret We have sever methe other membersers of the lof Y who wish to be heard. I willll recognize g the public who wish to be heard* or, may I ask a question? Can we maor Mr. Plummer: Mr. May on this for first reading a determination? Are voting I'm voting against second? Because if it is second reading, it. Mr. Garcia -Pedrosa: No, it's first reading. Mayor Ferret We're voting on first reading. Mayor, let me ask a question• Unidentified Speaker: Mr. Do we have a breakdown as to the cost per household of these bond issues? Mayor Ferree That will all be provided* 122 sl May 24, 1984 PtM4 -4 4 t Arthur ng! Mr Mayot H ►norable �i+sti it �l Mr ;t • � , , g� W, 83rd Sttd*t6 = Lis Arthur King My address . is 1105 96 the Miami Historic Prestervati�t� a i the Vice dhairman of the Chairman of the board of the black . Archives JR6464rdh a p6undat on c backgrounds the black Archives in a coasv"s or the histories b� with.the City.of Miami for the development of Village Project, the economic development project' t bvertowh The City of Miami Resolution No. 83r-978, passed. October 2&0< l9g3, purpose, we simply want to say that we support the Park West $30,000,000 bond issue for Southeast overtown housing, redevelopment, which will in part• support the Development Projects` historic bvertown Village Economic Thank you very much. Mr. Plummer: Does anyone else wish to speak? Mr. Dawkins: I have something I want to put on the record for Mr. Gary. Mr. Plummer: Mr. Gary is not here. Mr. Dawkins: Mr. Gary, I want to put this on the record and your project to be funded with 184 bond sales is $18,100*000 for affordable housing. In the Park West/Overtown, a part of the $20,000,000 is for affordable housing. Item 38, you are passing $95,000,000 revenue bonds for the construction of affordable rental housing. Mr. Gary: Item 38•I am continuing. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: I just want him to understand. If I don't say these things now, when I say them later on, nobody seems to understand what I'm saying. Twenty and ninety-five is $115,000,000. When you add $5,000,000 from here, you're talking about $120,000,000 on top of whatever else we want to have in Park West/Overtown. When I start complaining about what you're doing in Park West/Overtown, I want you to know that I know that we have all these bond issues. That's all I'm saying. Mr. Gary: That's improved my evaluation because of afforda- ble housing. Mr. Dawkins: No, you still lost five points. Mayor Ferre: Anybody else to speak on this pubic issue? If not, are there any other questions from the Commission? What is the will of the Commission on item 22 on first reading?_ Mr. Plummer: I move it. Mayor Ferre: Who seconds? Mr. Dawkins: Second. Mayor Ferre: Further discussion? Read the ordinance. Further discussion? Mr. Dawkins: Yes, Mr. Gary, again, would you bring this back and tell me how much of the $20,000,000 goes for the acquisition of land for the construction of low and moderate income housing, how much for the demolition of blighted structures, how much of the $20,000,000 will go for the relocation of the residents and businesses displaced by public acquisition. Tell me how much of the $20,000,000 sl 123 May 24, 1984 (a a 1 F S will Ise spent for the construction of site and infr t� tprovisi►neof structure improvsments, including the c of the ' $20, 000, 000 will g r the Me how Muth financial assistance for the construction of low is►ndsecond# financing ate income housing including mortgage will be spent for the preservation, ' tell me how sruch of this of historic and architectural $ignificancer Village of structures including a developmentof the Overtown Historical in conjunction with the Black Economic Development Project me how much of the $20,000,000 tell en" Archives, and lastly, for residenw for the construction f hwithin Overtown will be spent ar the tial displacees from the project if suitable toutiined relocation cotminunity development target area; intthe the City, resources are not available, plan, is commited to construct 208 units of will be displaced by redevelopment last resort housing for residents who takes place within the area of N.W. 8th o redevelopment that llth Street west of lot Avenue. Tell me how much and that you will do with the $20,000,000• if he doesn't do it all, he can write his Mr. P lummer: personal check. Mr. Dawkins: Call the question. How come Dawkins keeps referring to Gary next Mr. Plummer: Tuesday. sl 124 May 24, 1984 AN ORDINANCE ENTITLEV" AN ORDINANCE AUTHORIZING THE ISSUANCE.. SUBJECT T THE ELECTION 14EM114 PROVIi t f� FOR $ 30 t M r 000 MOUSING AND MENT BONDS FOR COMMUL41TY RRVITA,ILATION PROJECTS IN THE CITY OF MIAMI, FOR THE PURPOSE OF PAYING THE COST OF LAND ACQUISITION, RESIDENTIAL AND BUSINESS RELOCATION; DEMOLITIONS SITE AND INFRA- STRUCTURE IMPROVEMENTS• CONSTRUCTION AND MODERNIZATION OF PUBLIC FACILITIES, FINANCIAL ASSISTANCE FOR THE CONSTRUC- TION OF LOW AND MODERATE INCOME HOUSING• ECONOMIC DEVELOPMENT, HISTORIC PRESERVA- TION, AND THE CONSTRUCTION OF REPLACE- MENT HOUSING FOR THE RESIDENTIALLY DISPLACED, N OF PROVIDING AD VALOREM TAXES TO AND COLLECTIOIO PAY SUCH BONDS. Was introdu kby and passed Commissioner onP its Plummer reading by Commissioner Dawkins title by the following vote - Commissioner Miller J. Dawkins AYES: Commissioner J. L. Plummer, Jr. • Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. - - - - - -- ---N------------ ORRECT 31. PUBLIC HEARING: POSSIBLE CHARTER AMENDMENT TO CTHE GRAMMATICAL, SYNTACTICAL CITYCHARTER: ELIMINATE OB 1J= OR REDUNDANT LAN_ CITY GUAGE. ---------N-------NN- Mayor Ferre: We have to do 22-a, possible Charter change to correct grammatical, syntactical, and linguistic errors, item 22-4. This is what, the second public hearing or the third? Does anyone here want to speak on the possible Charter amendments to correct grammatical, syntactical, and linguistic errors. Seeing none, do we need any motions? Mr. Garcia -Pedrosa: No, sir, this is just to give the public an opportunity. Mayor Ferre: Does anybody want to talk about this? Lazaro, do you want to talk about that? 125 May 241 1984 sl f � ss l .f $ T6 I tfiA Dp 030 0 00a i "s Pon � 26DIMM boymei .. _ .... �iiY..mar.rN+6r�wrVIb111M�.w.YI.YYI�II��YY+b�i1.�1. 111D�wrYi161`Y.�MYr�� Mayor Ferre: item 23, ordinance on first reading# special municipal election. Does anybody wish to speak on that? This is a companion to item 226 Who moves it? Mr. Dawkins: Move it. Mr. Plummer: Second. Mr. Dawkins: First reading. Mayor Ferre: Read the ordinance. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: How did this end up being in, November? We agreed to have it.... Mr. Garcia -Pedrosa: I thought you said October, one in September and one in October. Mayor Ferre: The Park one in September. Mr. Plummer: I thought you said the housing in November. Items 22 and 23 are November, 24 and 25 are September. Mayor Ferre: I got you. Go ahead. Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON NOVEMBER 6, 1984, WITH RESPECT TO THE ISSUANCE OF $30,000,000 FOR HOUSING AND REDEVELOP- MENT BONDS. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. sl 126 May 24, 1984 ' Spa In -J, 0, Abawmg-6 Ilii---- ii iilfid&#"d&dbd&dW&UD •iYiiyi ii _ _. _ _ .. - :. - :. t35i Mayor lei; re: Take tip stein 24. des anybody Wish to $Peak -i on item 24, $35, 000, 000 for lurks and Rtereation7 s Mr. , Plummer s Y move that it be deferred* Continued to the next meeting when the Manager supplies ue With a full dam tail. This Mr. Gary: No, the detail on this One oni is the ballot before e has been there. You guys put this ame park This was on the ballot la`st time*thich has alll the sdetail the s by pa k, bond issue put on before, going to build, what how much money, how many pools we are g 9 size. Mr. Plummer: I'm sorry, I stand corrected. Mayor Ferre: Plummer moves. Mr. Plummer: Wait a minute. victor wants to speak. nder- Mr. victor de Yurre: Yes. sir, Mr. Mayor, itosedour foruthose standing that of the $35,000,000 has tbes proposed for the bond issues, that not one penny that there Jose Marti Park* fIt is or Joseurher our Marti Parkunderstanding is no money le Mr. Plummer: victor, how much money has been spent on Jose Marti? Mayor Ferre: $6,000,000• Mr. Plummer: No, more. Mr. Gary: More than $6,000,000- nt more Mr. Plummer: Are you serark ous that after $6,000,1000a or $7 000m000? allocated to Jose Martoney i Park Mr. Gary: We are in Phase II now. We are still spending money. Mr. Carl Kern: There $3,500,000 going on right now. There has been over $5,500,000 to $6,000,000 total ld say he and to acquisition and would have to elook it Yes up I w $6,0 Mr. Plummer: Just for some people's edification, in 1972, when this issue surfaced before this Commiee ssion, woulI adohed at them when they told me this reolyou ready for this? - acquisition and development, $500,000. And we now have spent $8,000,000 and it's not finished. Mr. de Yurre: Our concern is that it does get finished. Mr. Gary: It's being finished now. final phase. Mr. de Yurre: O.K•, fine. Mr. Dawkins: it didn't hurt to try. We are on Phase II, the Did it, victor? sl 127 May 24, 1984 't iP F eF.A. Mayor Parrot Plummer tRoves. � r tiat,�ki�ts t I `n going tt� second it for dishtssion�.. s Mayor Ferret Dawkins secondst go ahead, r Gary. you have here $35, 000, 000 to do,w1hit Mr.- Dawkins, Mr is really needed to make darks serviceable to the people. But across the streets from me, I happen to be luoky enough to line in front of a park. You have one guy where is Mrs ley Park? What is the area " in mile-► Kerns? How large is Had age, the acreage? Mr. Kernt That's one of our largest parks. It's almost 30 acres. Mr. Dawkins: You have one man running around trying to clean 30 acres of park. Mr. Gary: You're lucky. Mr. Dawkins: I defer 35, since some folks say I'm so d--- lucky. Go ahead, move to the next one. Mr. Gary: He deferred 35, so let's go to 25, please. Mayor Ferre: How did you get to 25 without 24? f he gets Dawkins:Gary H doesn't hinks eknowI have a diploma, smart. Il2noth won won't need 24. certificate of attendance. Mr. Plummer: All right, 24 is a motion to defer. Mr. Dawkins: All joking aside, Mr. Gary, we know you and all of us here know the parks are greatly under -staffed. do not mind voting...I mean I'm going to vote for the $35,000, 000 for the parks because we need it; but also, when' you bring your budget up for the budget hearings I expect to see some personnel to man these parks. Because there is no sense in my voting for a park across the street or any park for that matter, and you don't have personnel in it. You have one person running around. if the kids in Hadley Park are playing baseball and the person out there is watching, there is nobody watching them play ping pong. Mayor Ferre: There goes the safety cushion of the budget. Mr. Dawkins: I'm voting for it, but I wish you would stop... when you bring your budget, I'm going to be looking for park personnel. Mr. Gary: Yes, sir. Mr. Dawkins: Move it. Mayor Ferre: It's been moved and seconded by Plummer. This is 24. Have we read 247 Mr. Garcia -Pedrosa: No, sir. Mayor Ferre: Would you read 24? Mr. Garcia -Pedrosa: Let the record reflect that no one seeks to be recognized. sl 128 May 24, 1984 Mayor Verret Does anyone wish record reflect that nobody pannatto. to speak on item 247 Let the stood up. All right, Mr,, mt . Ernie Fannatto t I' m going to speak on the band i s ue Ernie pannatto i, s my. name, president of the Taxpayers Miami and bade County. I'm not against bands• I hit against parks, but there is a time to do it and tion s a' so not the right time. People are out of work, forth. You know the people voted it down if yo last f for They are going to vote them down again, $35,000,000. As far as I'm concerned, if you nd waitba $5,000,000, You will get it to keep the parka tunitp� and things few years, and then as you get the Pare eating. It's are better, people are working, people People are a more important that people eat than have paarks. Pey place. not frequenting parks these days. They as you and I do want to say something, Mayor, so long Commissioner Plummer there, do you remember during he last election? Mr. Manager, I want you to hear this. During he last election I said that people in this City should get a tax reduction because there was a billion dollar plus new construction downtown. That was the reason, and I saidet that we probably would get it. I was hoping we ome second. I say people to reduce think it's your first order of business to are not., taxes. The parks can c working. A lot of them don't have jobs. They are not eating properly, and I think they should have a reduction in taxes. I'm just going to recommend, for aup record, keep the $5,000,000 park issue to clean the parks them going until the proper ing to win, comes I' m sure .ou That' swhen can l all the I election. You are 9 have to say. Mayor Ferre: Thank you, Ernie. Now call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED, OF $35,000,000 PARK AND RECREATION FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, DEVEL- OPING, EXTENDING, ENLARGING AND IMPROV- ING PUBLIC PARK AND RECREATION FACILI- TIES IN THE CITY OF MIAMI, INCLUDING FACILITIES PROPERLY APPURTENANT THERETO, THE ACQUISITION AND THE IMPROVEMENT AND FILLING OF LAND FOR SUCH PURPOSES AND THE ACQUISITION OF EQUIPMENT THEREFOR; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS. passed on its first reading by title at the meeting of March 29, 1984, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and following final reading by title and passed and adopted by the AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: ABSENT: None. Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo sl 129 May 24, 1984 P THE ORDINANC.Z_ WA dP,$tjgNATEb_,ORDINAHCB.V A , 90 6 The City Attorney read the ordinance into the public record and announced that Copies were available th..tM members d the City Comission and to the Public rw�ra�arw..i�rw�wr�r�+rr.r..�.�r.r+rr.rrrrair+.r�.r�..�i�r .. 34. SECOND READ=Q ORDINANCE: PROVIDE FOR THE 13OLDIM OF A SPECIAL MUNICIPAL ELECTION ON SEPTEMBER 4, 1984 WITH RESPECT TO THE ISSUANCE OF $35.880,880 FOR PARK AM RECREATION FACILITIES BONDS. N-Nor------N----.Y-�------NN----Nam.----N N ��- NNE.. Mayor Ferret Item 25, does anyone here wish to speak on that? Mr. Gary: That's a companion. Mr. Garcia -Pedrosa: That's the election. Mayor Ferret Moved by Dawkins. Seconded by, Dawkins. Let the record reflect that nobody stood up to speak on this issue. Read the ordinance. Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON SEPTEMBER 4, 1984, WITH RESPECT TO THE ISSUANCE OF $35,000,000 FOR PARK AND RECREATION FACILITIES BONDS. passed on its first reading by title at the meeting of March 29, 1984, 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 thereup- on 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9837 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. - - - --N------------------------------------------------- N 35. APPROVE IN PRINCIPLE PLANS SUBMITTED FOR IMPROVEMENTS TO "J . P . ' S RESTAURANT". sl 130 May 24, 1984 t� 49 _ �f Awn._ rx r t � _ .. a4'S � •��: a� �.r� � Ki w ri Mr. W nae : What it to floes in the b&ICOny upstairs at pAstaurant, so we can air-condition it th atiii the outside appearance t and alto to make a n6W. entfand4 f am the .auditorium into the restaurant. INAUDIBLE BACCdROtJI4D COMMENTS NOT EAffiEREU lM THE Pt)ELi RECORD. Mr . Gary i I like it, and I agree with what YOU Say, Mr, Mayor, so can we approve it with the understanding that we don't give authorization subject to the architectural review? Mayor Ferre: Is there anybody else who wishes to speak up? Are all questions answered on 18? Mr. Plummer: I move it. Mayor Ferre: Further discussion? is there a second? Plummer moves; Dawkins seconds. Further discussion? Mr. Plummer: You don't need an ordinance. It's a motion. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 84-591 A MOTION APPROVING IN PRINCIPLE PLANS SUBMITTED TO THE CITY COMMISSION ON THIS DATE FOR IMPROVEMENTS TO "J.P.'s RESTAURANT" SUBJECT TO ARCHITECTURAL REVIEW AND SUBJECT TO FINALIZATION OF CONTRACT TERMS BY THE CITY MANAGER. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo Mayor Ferre: This is approval in principle, subject to architectural review and final working out of the details by the Manager. ------------------------------------- ---------------------- 36. SECOND READING ORDINANCE: ATLAS CHANGE FROM RG-1 TO CR- 2/7 AT APPROXIMATELY 740-742 N.W. 25 AVE. AND APPROXI- MATELY 741-743 N.W. 26 AVE. (SPANISH INTERNAT10NAL COMMUNICATIONS - %1=)• ----------- ----------------- ,.-- al 131 May 24, 1984 Mayor Perrei 900 we will taste Take up item 316 Mr. Plummer: We did three. Mr. Gary: No, you didn't. things � Y { in or ite�tt Mr* Robert H. Traurig: por the record, Mr. Mayor. Amy pathe is Robert H. Traurig. We have a covenant that was re-eae= cuted by the Spanish International Communications Corpora- tion. It is identical to the covenant that wassubmitted for first reading; however, some issues emerged at the first reading and we have added to the covenant paragraph 6, 7, 8, and 9. Paragraph 6 being that we will build this eight foot high wall on both the north and the east to the antennas. Paragraph 7 that approximately 20 foot high trees will be planted every ten feet along this northerly border. Paragraph 8 was that the landscape buffer would be no less than ten feet wide on the north. Paragraph 9 is that we have insurance protecting the owners of the property within 375 feet of our site against any damage that may result from any accident with the antenna. Those are the only issues. Mayor Ferre: Are there any questions? Any questions from the Administration or from the Law Department? Are we ready, Mr. City Attorney? Mr. Traurig: The only changes, Mr. City Attorney, were 6, 7, 8, and 9. Let the record reflect that rather than hold- ing, rather indemnifying all property owners within 375 feet of the property against loss, we will indemnify all property owners within the City of Miami against loss resulting from this. Mayor Ferre: Are you ready to go? Mr. Plummer: Do we get any trees? Mr. Traurig: Yes, sir, we're planting trees on the north boundary. Mr. Plummer: I know we're getting an antenna. Are we getting trees? I move it. Mayor Ferre: Further discussion? Moved by Plummer. Second by Dawkins. Is that right, Dawkins? Mr. Dawkins: Yes. Mayor Ferre: Further discussion? Call the roll. Mr. Garcia -Pedrosa: Let me read the ordinance, Mr. Mayor. Is this on second reading? Let the record reflect that no one else seeks to be recognized. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 740-742 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA, (MORE PARTICU- LARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) BY MAKING FIND- INGS; AND BY MAKING ALL THE NECESSARY sl 132 May 24, 1984 1 l nT ,. Of MID 20MING iJ �yygy1jLyL'4�fAL1RTyf�:ElyyYV#iypL1�ylyliL�\4:Zpa�y1�14✓yii`lgp�Yp/� D Nil` iy lY�s -DUCK lov IN .. 3, B eT 8 t C0NTA'V'Na` ' A y pgALtit ` PROVIGlcN AND A 89V9 C"LAUB. Massed on its first reading by title at the meeting Of A�si-3:fi 26, 19846 was taken tip for its second and final reading title and ad tion, on motion of commissioner PlUmAdki seconded by commissioner Dawkins # the Ordinance was th+ari&UP on 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9838 - 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. —----------------------N-------------------------------- 37. SECOND READING ORDINANCE; AMEND ART- 15 OF 9500 (SPECIAL PUBLIC INTEREST DISTRICTS) SEC. 1570 (SPI-7; SPI-7.1 AND SPI-7.2) BY DELETING SPI-7.1 AND SPI-7.2; ETC- ---------------------N------------------NN—N--N-------- Mayor Ferre: Take up item 10. Mr. Sergio Rodriguez: Mr. Mayor, this is a continuation of the second reading that was presented to you on May 10, 1984. It relates to SPI-7. This will give you a summary of our recommendation. The Planning Department recommends that the SP1-7 zoning district in Brickell be amended to elimi- nate the floor area ratio bonus provision for housing and that a requirement be included by which all development over a fixed base floor area ratio contribute to a housing trust fund to be used to assist in developing affordable housing. The proposed base floor area ratio is 1.72. Above this level, all office development will contribute 6.67 per square foot of office development, square foot of gross floor area to an affordable housing trust fund. The housing is to be used to subsidize housing in the area adjacent to where the contribution is coming from. We also recommend that this trust fund program be extended to be applied City- wide to essentially all high density office development districts with floor area ratios of a 1.72. Mr. Jack Luft from the Planning Department will make a presentation on why we are recommending this. Mr. Jack Luft: The City Planning Department has reviewed the housing needs in an impact study. We have gone through a detailed analysis of the relationship between housing and the impact upon that by an office sector. Key measures which we have incorporated into this issue are the fact that in Miami one third of our population is now living in over- crowded units. Only 3% of the total rental housing units are actually for rent. We have a crisis in the fact that the median family income in Miami is lower that in the top sl 133 May 24, 1984 ' f s C 20 mast . popular cities in th�a United 0tae� ftr `Y pO��0fit for housL ►�ri �4 r ?� b . e�tr househ ds that rent overpay : Miami houbtahoide qualityunder pederal criteria Moir _.ui�►+ F assistance, but the Federal programs are all but goner.. We ' are irking at office impact in the downtown area, which -As that are adding lh t%e our fastest grow#�ng employment sector the next'. 15 �e�►fa. neighborhood of 20, 000 employees over This is a doubling of the increase that occurred in the ielir 15 years, Essentially# we are going to be looking,:f demand this another 20#000 .'s City to satisfy thisngemploymentn terms growth. This r y This program based upon a fee that will provide $23,000 per unii.needed demand; a fee that translates into $6.67 per to satisfy that square foot.... Mayor Ferret Versus five. Mr. Luft: " $6.67per basquaret, based Everything above upon a floor arearsus ratiohoff1.72 asa7se. the 1.72 up to the five or the 6.5 with bonuses will pay the $6.67 per square foot over all the square feet above the 1.72 F.A.R. up to the maximum of 6.5. Mayor Ferret Rather that 50,000 square feet.... Mr. Luft: Rather than 50,000 square feet. Mr. Plummer: It would apply from square foot'one. ' Mr. Luft: No, from all square foot over the 1.72 F.A.R. Mr. Plummer: I don't know whether I like that or not. I'd have to see some numbers. Go ahead. Mr. Luft: The net result of this will be to provide just in the SPI-7, around 20 to 25 units housing subsidies per year. If applied to the downtown area, the central business dis- trict, at this rate, we could expect in the neighborhood of 150 to 200 units subsidized affordable housing per year. If the growth rates exceed the conservative estimates that we've used, it could amount to between 200 and 250 units per year, which is the maximum amount of affordable housing that we've ever been able to provide in any one given year through all of this past decade. So this would be in addi- tion to everything else we have been doing. Mr. Plummer: Let me ask you a question. I'm all in favor of housing, but my colleague just brought out we are doing this for housing, we are doing $120,000,000 in bonds for housing, is it possible that say ten or twenty percent of that money could go to maintain mini -parks? Now, I'm not trying to take away, the need of housing is great, but all I'm seeing that you are accomplishing, and I'm for bringing people into the area, but I see you establishing.... Mayor Ferret Wait a minute, Plummer. Don't fool around with that. Mr. Plummer: I'm just asking the question what are these people going to do, and where are they going to go, for example, and I hate to bring this up, to walk their dog? I'm just saying to you that I'm seeing Brickell Avenue developing.... Mayor Ferret Plummer, let's hear from the public. Mr. Plummer: Fine, go ahead. Mr. Luft: Just in closing, I would say that the only impor- tant point here is that the SPI-7 review is only the begin- sl 134 May 24, 1984 of units, we really have to look c y- Mr Ttobert 96 Traurig s Robert H. Traurig, 1401 trickeli Avenue. I'm joined here by a lot of people► all o Whom would like to expreas their concern over one aepect=of the presentation. This Commission paused on first reading on April 26th an ordinance which provided for a base P.A.R. of 2.25 and in addition to that a charge for a bonus at the rate of $5.00 per square foot. We think that is fair. Subsequent to that, the Planning Department came back to you with two new proposals. First it was, of course, at the suggestion that this Commission and particularly you, Mr. Mayor, that they do a study to determine whether the $4.00 or $5.00 a square foot was a fair amount. They have done that study and they have concluded that they should recom- mend a much more drastic measure for your consideration. First of all, I don't know whether or not this Commission can entertain the current proposal at this time, as if it is second reading. I have been told that the City Attorney is probably going to opine that you have to go back on first reading with this new proposal so that can be reviewed before it comes back to you. I'd like to have some deter- mination as to that. Mayor Ferre: I think that makes a lot of sense. The ques- tion is is this a substantive change. Is that right? Mr. Garcia -Pedrosa: Yes, Mr. Mayor, a substantial change. I've discussed this today with the Planning Department, Mr. Mayor. I think that the changes that are being proposed, and particularly the more than doubling of the base F.R.R. from two and a quarter to five, and the elimination of the bonus system, which is another one of those changes, consti- tutes a substantial change. If that were the desire of the Commission, I think you would have to go back. Mayor Ferre: Prudence would dictate, if nothing else, that we do it as first reading. Mr. Plummer: So then what do we do, put a moratorium until it gets done? My concern, Mr. Mayor, has to be, how many buildings are going to sneak under before we can get the other door locked and get away without having to pay? I don't think that's fair. Mr. Traurig: May I make a suggestion? If the City Attorney would find that the ordinance that was passed on first reading April 26, 1984, could now be considered by you on second reading, perhaps you could consider that and pass that. Because the general subject matter of the housing payments is really one that the Planning indicates ought to have city-wide application, and it is a very serious thing. I think that, for example, I'd like to give you a dramatic example of what it would mean to some developers. If applied city-wide and if it had applied to the Southeast Bank Building, its payment to you for that housing fund, in addition to the building fees and everything else, would be $6,500,000. There may very well be some reasons that you don't want to raise the issues of.... Mayor Ferre: Let me tell you, Bob, fair is fair. The Southeast Bank Building on Brickell Avenue,if it were approved there, ought to pay 6.5 millions dollars. we would be crazy to approve it there. So that's not a fair comparison. Mr. Traurig: Mr. Mayor, but the Planning Department is saying to you that they want your $6.67 to be applied city- sl 135 1 May 24, 1984 T3 �{ A l �x f�. lam swing maybe so• but it we V wide in ali.srorerty. Y64 c o gig s+ this on cite -wide btA � • W 6110t n* it o one smaii diatrit right now. fiat : We og . to , city -vide is etdy to find out how this affcte aid t r vaiou distrCta throughout the City. Mayor petrel l think you may have a very valid point. , , by the way • while you re tip for i don't have any problem. that an hour or tab the record and on the record, let me Bay ago I got a little upset at y°Since w want don't have eunehir league J. L. Plummer for it. -that61 at all• or since we me hat he h d gone ov r and talked slip- he didn't tell me w I you about,, and I didn't understand that's whatyou $12H 0 g !� had talked about, so when you came up a I thought that for Mr. Adler on that Ameri-Swiss prof was kind of a sneaky thing to do, because I had misunder- stood. So I apologize to you, because you're the guy I got seems to think I got angry at him. angry at, and Mike Adler i et angry at Mike. I got angry at you. Evidently, 1 didat n't a mistake on my part. So, I'm sorry, counselor. Mr. Traurigs I'm glad to have that subject over. ; I Mr. Plummer: Now, I'm mad at you. Mr. Garcia -Pedrosa: I'm not angry at anybody, Mr. Mayor, just wanted to make Commissioner Plummer understand and I j that is being made for that the proposal that the proposal The Planning the city-wide application is not before you. Department is not being asking you to consider that now. Mr. Plummer: You are talking about total City? Mr. Garcia -Pedrosa: Right. Mr. Plummer: They are asking right now in the SPI-7. Mr. Garcia -Pedrosa: That's right. Mr. Plummer: I understand that. Mr. Traurig: If the Planning Department could support us in asking you to pass on second reading what you passed on first reading, then we would be supportive of joining a think tank to talk about how we will accomplish what the City's objectives are. INAUDIBLE COMMENTS - Mayor Ferre: I think Mr. Traurig's statement is a reasona- ble request. What he's saying is look, apply this city- wide* and don't come to SPI-7. We have a legal dilemma. INAUDIBLE COMMENTS. Mr. Garcia -Pedrosa: You can't do it on first reading, Mr. Mayor, because the prop had ithasn't been before the Board of P.A.B. and you have n art Mayor thmovethon ao motion that the rds, we have to tP.A.B.a process - en begin the I wouldd process* Mr. Plummer: Why can't we send this back for first reading, Make the substantive changes, and bring it back to us? Mr. Garcia -Pedrosa: Because when you make the substantive changes, you have to go back to the P.A.B. sl 136 May 24, 1984 •cuf.:T _ _.--- m ;-...r•t r4#�tNi"., a w• r -_ _ _ _ """.....« i A - - t i r W. C' kx^` '• ... pis ayprr h Point s that' the only � we��t� �g�►��. really ass thin +fin sed�lnd reading titan nothing .It thin we ought to pass . thgt �tti` over to d ► this city -aide. �i `M not so Sure, i tbid you the othi say to tell YOU at my nc�noe�cn is • oonoern is that there `it�i - ydu came to bee We about this. My _t alternatives to Mia�►i• i don`t want to make it so �i��that� We1i, I m not going to pay Just o build f' ` where somebody will says �, in coral cables • or, l s' not 40ng to' I'll g to The other side of the , pay that. I ` ll go to trey Biscayne • coin is . Coral Gables or North Miami or N1 Portal yyoba►tis ever is not Brickell Avenge an nadis not vantage to coral buildingan coma not..•so you know, there i mercial projects in the City, or there wouldn't be so many under construction. I don't think it's that.... li recommended to go i Mr. Sergio Rodriguez: That's right. We J 72, which is only in those areas which you only over 1.and which are mentioned before, which are SPIa lot of pressure for development. areas in which we have Mayor Ferre: See, what Bob is saying is that if we're going to do this, we should do it in the proper way and it . I have to agree shouldn't be just imposed on onewith that. Mr. Traurig: I do think that the chart that Jack gave us of 6 to impose shows the Los Angeles starts at Lai F.A.R.nd maybe we have to this. Maybe we have to have U• planning field have some other people who have dealt in the p 9 join us as consultants, an s we can do an equitable forlthee developerstudy saas cane with something that i q well as for the community from as social benefit standpoint r it' a abso- e new lutely I think that This is a necessary to proviBut the whole this new question is, what is good source for funding spelled out in the fair? The basic premise, I think, as sp ou look at the ordinance is an invalid premise, because if y $Ito ordinance that they asked you to consider, it says: ffordle housing in — accommodate the increased de loma yeeso ofa off ce development." the City of Miami by new P to reach that I don't know that they have ever done a study a of the conclusion.. i think they put that in the languag ordinance n order to help you in the litigation that you probably anticipate in the event you pass this. I'm saying to you that probably is not a valid premise, because you have not done a study to get these conclusions. then Io for f oneu would pass what was passed on first reading, would be happy to volunteer to serve on this committee to come up with something that is equitable that will result in affordable housing. Mayor Ferre: That seems very reasonable to me. Mr. Gary: We will hold off until he sits on this committee? Mayor Ferre: No, no, we're going to move ahead on second reading, as we passed it last time, and then we are going to do this city -side. I think what he is saying is Mr. Garyz Which will apply to SPI-7 too - And And all the SPI districts. That way we are Mayor Ferre: rm basis and the proper way- Anybody doing in a unifo else want to speak on this? All right, sir. Mr. Douglas Bachelor: Mr. Mayor, Douglas Ba Fheel suport attorney representing the Allen Morris WCompany. oth ny.that the Commission the proposal made by Mr. Traur 1 gal bounds to try to adopt the would be far overstepping sl 137 May 24, 1984 jt y - 5Z - k i rocedure s , � z oew, Proposal without to! o�ir�q the necessary ahead fit the thilik, that it would be Wit*. to Oft second ea li tg l.h aior► is disposal to do so and adopt _- to da er origihal- : ordiftat�oe '"'snama�iet�tss'nit wet have had an oo ra* the additional 'housing V� rtunity to put aid input tunny and 'everyone has had an o r ,y; into 'ahis . r Ferre: We will. It looks like we may not have the Mayo Pivat►er r what are your Objections to', girt votes here anyway• on the record and then we can get on because we can't was +s anymore time - my objections were they are getting away with Mr. Plummer: MY murder. r� ` Mayor Ferree You think it's too little? act, the other is fair, as I think that in fI j`. i, Mr. Plummer: said before, the 6.67• Mayor Ferret I agree with that. .00 Mr. Plummer: if you want to go and you want to d= o $that SPI-7 with the P tonight and apply it to the that's the SPI's city-wide at 6.67, - it's going to be to all fine, I will go along. ' . Mayor Ferre: That's what I said. Mr. Plummer: I'm sorry• exactly my point. In other Mayor Ferre: in, J• L . , I agree rewor words, look, here is the situation we re want and want, you, but we can't do what you ha . That's do that. our City Attorney says we can't So there- a substantial change, a deviation back to what tive change, fore, the only thing that we can do now is g Get isbetter an no hdoing we agreed on last time, which the then start p oces6 f that established and to do this - with that. There is no other way at. I agree We have two options• One option is Mr. Sergio Rodriguez: ratio of 2.25 base approve on second reading a floor area to pP option is to send Or, the other and $4.000 per square foot. the floor area ratio of 1.72 and $6.67. this to P.A.B. with Mayor Ferree What Plummer is saying is that he would accept if we start the process on going on second reading with one in agreement with that. Does anybody the other one. I'm ready now to vote. Are we? Who moves disagree now? We are ahead. item 10?. Peter, go Wenzel: Peter Wenzel, with Brickell Station I'd Mr. Peter 1st Avenue. corner of S.W• 8th SI explanation alosnd t'in Towers, got your I'd like, if you like to ask the Commission,planning in what you are to approve. could, to restate it because. --- Mayor Ferre: Last time around we passed on first reading is are here oin ethat what is now called item 10, which , you see t down theretan chart, approvedf is an s What we isblue na $4.00e is d contributioner, on the second line wheewhere there Brickall designationtonight? So what we are on torsi voting g the base... What are we seta on office is $4.00 at 2.25 F.A.R. imp approving now rents 30£ per square foot. A $1.00 dollar increase is not a substantial Mr. Plummer: We can go to a $5.00 tonight. increase. sl 138 May 24, 1984 i Marc* ire Can -we go to` a. go tonight , 4 Mr.. plumert Ye s► that's ftot a substantial inorease. � Mayon Ferret Mr, oarcia-►Pedrosa, on the record# plehbti with a a $�.0bade bade Are .you telling are that if we go to beginning at 50,000 square feet.... Mr. Garcia-Pedrosat No, at 2.251, which is the saute base. F.A.It, that is in the first ordinance. Mayor Ferret But we do it at $5.00. Mr. Garcia-Pedrosat Commissioner Plummer is saying that he wants to make an amendment on the floor to the ordinance, as presently resentl drafted and the amendment consists, in its totali- ty, to change $4.00 to $5.00. I don't think that is prob- lematic. Mayor Ferre: O.K., so in other words, that would not be a.... Mr. Garcia -Pedrosa: But don't read second line, because the rest of the second line, because the rest of the second line would be a substantial change. Mayor Ferre: How about if we went to six? ' INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Mr. Garcia -Pedrosa, would six be a substantial change? Mr. Garcia -Pedrosa: No, sir. Mayor Ferre: As long as we don't change the 2.25 F.A.R. Mr. Plummer: is 6.67 a substantial change? I think we need a clarification. I think the clarification is that we are doing everything on the first line, with the exception of the dollars, and that is going to be changed to 6.67, be- cause the City Attorney said that is not a substantial change. Mayor Ferre: What we cannot do is go from 2.25 to a 1.72. Mr. Plummer: Right. Mr. Garcia -Pedrosa: No, no, it's really to a five and to the elimination of the bonus system. Mr. Wenzel: I think a better than 50$ increase is a sub- stantial change per square foot, from six to 6.67 a foot. That's rather substantial, which is serious. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. i Mayor Ferre: We can move the whole thing on first reading. What can we do that is legal? Mr. Plummer: Everything on the first line with the excep- tion of the dollars which changed to $6.67. Mayor Ferre: What is the impact on office rent per square foot, Sergio? Would you answer that? If we go from 4 to 6.67, what is the change for square foot cost without chang- ing anything else? al 139 May 24, 1984 € + 7� More thatt i Mayor , Ferret The its act on office rents per square foot iguez: Oh, M �todrI.see what you are Saying, it will go to about 50£ or 55£ in the rent . You mean the figure that we shrew there as steady? Sergio, that if you increase it the projected rents 50 cents Mr. Wenzel: to 6.671 it square foot. I understand, will increase Mr. Rodriguez: Instead of being an impact of square foot, as you have before with a four, between 50 cents and 55 cents per square foot. 30 cents per it will be Mayor Ferret And you are saying, Mr. City Attorney, not a matter of substantial deviation. Mr. Garcia -Pedrosa: Yes, sir. that is Mr. Wenzelt My question is, now that we understand this, be approved tonight on second the intent is that this will is it going to go back to the P.A.B. or • reading? And then' for third reading? is it going to wait Mayor Ferret No, there is no third reading. That becomes doing here is we are going to the law for now. What we are it, so that we, as Mr. T ur gtcaid, de l it go back and revise with all SPI issues. Then we are going again reading back and that will require a first r odimnend d n ottom is being to increase it to what line. Mr. Wenzel: We support the Commission's actions on this. I actions on this. believe we support the Commission's (LAUGHTER) Mayor Ferret I believe we do too, Pete. Mr. Bill McCaughan: My name is Bill McCaughan; I'm an attorney. Maybe I'm missing something here. Just so we are this is a second reading. We're all on the same basis, Now we're going to go back. Mr. talking about SPI-7. Traurig and the Zoning Department and whomever else to discuss doing a city-wide change. Mayor Ferret Mr. Plummer: Yes. In all SPI. Mr. McCaughan: So we're going to have an ordinance just like all the other districts have an ordinance tonight. Mayor Ferret Yes. Mr. McCaughan: Then they are going to go back and change the whole City, try it on a separate ordinance, as a sepa- rate matter, separate agenda. Mayor Ferret You got it. Mr. Rodriguez: We will be back in Septmen ember th t. before the Planning Advisory Board with our rec s1 140 May 241 1984 Pµ �dayCtr ' �rre: you have 11ntil. September t0 get your build 3.rig+sits in and get your Oroete gofr�g. x 3:. ��.ut ►er c . Wait a Minute . note.. I have a right to o fifer �� tha 3. � tnc�ato�`�.vlm on all Other districts tonight until approved. Mayor Ferret You do indeed. ' Mr. McCaughan: When you say all other districts. — That which is being considered; all of the Mr. Plummer: the SPIs city-wide that will be considered by the rest of ir that P.A.B. In my estimation, iis only s aadjudicated theyonevway has be moratorium placed until th been or the other. Mayor Ferret Is that right? Mr. McCaughan: When you say all the others, do you mean other than SPI-7, which You.... Mr. Plummer: That we are passing. Mayor Ferret What other, how many SPIs are there? - Mr. Plummer: SPI-5. Mr. Rodriguez: We talking in the recommendation of any development over a sector 7, which is 1.72• Mayor Ferre: That is what I'm asking. How many SPI-7, over sector 7 are there? Mr. Rodriguez: We have basically some of the SPIs like SPI-5, SPI-6, SPI-2, and if we pass Latin Quarter, SPI-14. Mayor Ferre: And you say that you are in favor of placing a moratorium on all that? Mr. Rodriguez: I'm not saying that. You were asking me what SPIs would this apply to? Mayor Ferre: Why would we place a moratorium? You lost me. Mr. Plummer: For the simple reason of the comment, for e, as "You'd better rush in before example, that you mad September to get your permit." Mr. McCaughan: Well, Mr. Plummer, with all due respects, it's not a question of rushing in and getting a permit. It's a question of continuing to develop the City of Miami. We have an area here that hasn't been developed for one heck of a long time. Nobody argues with that. Here we get a chance. This has been going on, as you well know, since July 1983. Mayor Ferre: That's why I want to bring it to a head. Mr. McCaughan: Exactly, and we are supporting that. Bring it to get this second reading approved. Mayor Ferre: So you can move along and develop your proper- ties. � Mr. McCaughan: We move on at the same the zoning people, the planning people can get together and strive for what I take is your goal, Mr. Plummer, and increase it all the way around, this housing authority plan. sl 141 May 24, 1984 TR 99CF f. Mayor Parrot Any other gtatetr►ents? Mr. #todri+ ues t l would like to make clear that we are not this to 9ple only, but any development over �► applying sector 7• Mr, Michael Andersont My name is Michael Anderson, attorney with offices at 9595 Xendall Drive. I just don't understand why you are increasing the dollar amount tonight, when Brickell Avenue has a $4.00 limit, and they have a regular F.A.R. of 3,25 and bonuses that bring it up, and there is no shortage of projects there and nothing has been built in this area fortea .tIt seems han Brickelllike to give this area a 2.25, which is one s Mayor Ferre: Frankly, if we had thought I thi kut i weewilarly enough, we should have done Brickell too. be doing Brickell as soon as we get on with this. Mr. Plummer: Well, I think another thingMik but I don't know which particular clients you representing, know of anyone who is a property owner on Brickell Avenue who's had so called undeveloped property for ten years letthe by the recent changes in the ordinance, didn't q p value of their property by what they are now allowed to do, as opposed to last year. So I think, you know, one has to got to balance with the other. Mr. Anderson: What I'm saying is that Brickell has gotten tremendous changes and increases, and this area hasn't gotten any. Mr. Plummer: We're going to speak to that. We would like to do it tonight, but as you probably well know, we can't. We'll speak to the other SPI districts in this other motion. Mayor Ferre: Further discussion? Mr. Traurig: I would just ask you to consider going to back to the $4.00 or $5.00, probably the $5.00 rather than the $6.67 for this reason. Because if you pass this with a $6.67, you are prejudging what that amount should be as it applies city-wide to all those other districts. I think when we come in with statistics, you'll be able to judge whether or not $6.67 should be applied city-wide, in which event, it would apply to this district, but at the present time, it would appear to me that the $6.67 on this district will be setting the stage for you just to rubber stamp $6.67 without hearing the testimony when we come back to you. Mr. Gary: What about the reverse, though? Suppose it's too low? Mr. Douglas Bachelor: Mr. Mayor, Douglas Bachelor again, representing the Allen Morris Company. While we indicated earlier that we were in favor, or would not object to going ahead and passing the ordinance in the same form that it was presented on first reading, we certainly object to any changes in that, increasing it to $5.0 0 or $6.00 or whatev- er* In the first place, we think it is a substantial change. We respectfully disagree with the City Attorney's opinion. Secondly, this constitutes a discriminatory tax on a small area of the City that is not applied elsewhere, and we think it is unconstitutional. Mayor Ferre: I think to avoid any danger... Mr. Garcia - but I think Pedrosa, I'm not challenging your legal opinion, what we ought to do is pass it on first reading at $6.67 and pass it on second reading on June 14th. Wouldn't that be sl 142 May 24, 1984 th Lth the aafoat thing to dol "en t�Mera jig neat right aide c► the iaa�. I' 'h�: what� Mr a +s i dir i�i b yow knout wha 6 ►�. ► pan* They are goingto :Challenge this ifi ` e:60rt. Mop` iillt that' a 0. Kb Mr, Garcia-Padroaa do it't�r second reading, we can alao do it on drat. dintoday•••► Mayor Ferret If we Pass it onist reag Mr. Garcia-Pedrosat The only thing is it delays another two weeks. Mayor Ferret We can do that. Is that right? Mr. Garcia -Pedrosa: Yes, you can do it, sure. Mayor Ferre: Isn't that the athe most conservative, the more judicious, prudent thing Mr. Garcia -Pedrosa: It is and it isn't, Mr. Mayor. Mayor Ferre: Either it is or it isn't. Mr. Garcia -Pedrosa: Let me say it this way. I would parte for that to be an indication of any hesitancy on your is constitutes a substantial change. as to whether or not th Mayor Ferret No, it isn't. But rather than have to go and provide Mr. Bachelor an opportunity to contest in court, the safest thing to do, and then there is no on first reading,, ifs, buts about it, legally is to pass Mr. Garcia -Pedrosa: Yes, there is, because lding iB notakes that position, he can sal that back to the first e P.A.B. good either. That you have to go Well, I want to say on the record, that cer- Mayor Ferre: tainly this is not an indication, as I ... anyway, I concur with the legal opinion proffered by a private sector attor- ney over the well thought out legal opinion of our very capable City Attorney. Mr. McCaughan: Mr. Mayor, if I may, can we go back. We are at a second reading tonight, and jump back to a first read- ing. You just mentioned first reading. Mayor Ferre: Yes, but evidently the City Attorney... I'm not a lawyer. You understand? Therefore, things that I sis don't really count. I need good, legal counseling, whichwhat I get from my City Attorney. Mr. McCaughan: Can I give you some free? He charges you. Mr. mayor.... Mr. Plummer: Are you a member of the Dinner Key Bar Associ- ation? Mayor, seri- Mr. McCaughan: No, I'm not, Mr. Plummer. Mr. ously, where in the second reading. I thought what we dire discussing that what would be done was to pa what you did on April 26th as second reading. Go back city- wide talk about this. Mayor Ferre: You didn't follow that. See, Mr. Plummer said that he would not vote for that, and Mr. Dawkins said to that this project. he would not vote for that . Yourclient not going very happy when you're holding up P j Mr. Plummer: No, because I'm about ready to defer it. al 143 May 24, 1984 b 3z x and that i 6 W 81 �+t���►nd��yoii� �iient M y, �eeYCl to think th►t y�►Lt� L7�ltte` �tt�.n �n with th►i� the $6 : �`� , and .� of why, better off accepting city-wide v�'hich L. the thing• 'hen dding sincet�siy and_ tt�fk►e neet This thing has been 'held up to get on with Mr. McCaughaht I haven't disputed the $6.67• Mayor Ferret l didn't think you would- Ism versus Mr. McCaughan: I'm talking in terms of first reading second reading. That's what I'm saying Y know there are they people here who have talked ned in about8 the f difference first and o and 6• ism talking between 5, 4, second only• are we ready to vote on this? I Mayor Ferret All right, u Have we moved this don't see anybody else standing P already? Mr. Plummer: Move it at $6.67• Mr. Garcia -Pedrosa: For what kind of reading? Mr. Plummer: Second reading. Mayor Ferret Following your legal advice. Mr. Plummer: Yes, he said use no hesitation. Mayor Ferret Dawkins seconds. Further discussion? Read the ordinance, please, as amended. or, for the record, that Mr. Garcia -Pedrosa: Yes, P1r• May it s "for every amendment would appear on page 8. Where says and so forth, le it would not bread t"for fevery busing $6.67 Question, Sergio, in that map, why isn't the SPI-7 between n the two y Mr. Pl Q ellow outline included? xt items, 11 and 12, will deal with that. We are going e toerecommend.... Mr. Plummer: This same thing here? Mr. Rodriguez: Yes. Mayor Ferre: Ready? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDI- NANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI$ FLORIDA, BY AMENDING SECTION 1570 ENTITLED "SPI- T, 7.1, 7.2: BRICKELL, MIAMI RIVER DISRAPID TRANSIT COMMERCIAL RESIDENTIAL TRICTS" AND RELATED SECTIONS 1571 ENTI- TLED INTENT", 1572 ENTITLED "SPECIAL PERMITS", 1573 ENTITLED ,PERMISS1LE PRINCIPAL USES AND STRUCTURES , ENTITLED "MINIMUM LOT REQUIREMENTS; FLOOR AREA LIMITATIONS; MINIMUM OPEN SPACE REQUIREMENTS", AND 1578 ENTITLED "OFFSTREET PARKING AND LOADING", OF ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC 144 sl May 24, 1984 rt - f � 46 - - 11`�aiaT �jIRIC'St r SV DELETINi3'i0%! REI'ERENCES TO ;G , TEXT ALL THE TITLE AND "SPIwi . 2 r " AND I�MEND11 "SpIm7 fi 1"' AND SAID SECTIONS 1S71f 1572 15`i3r 1576 AND PERTAINING err b 15'�S EY CLARIFYING LANGUAGE AREA• USES, LOCATION ate- TO IN'i'ENT r : FLOOR YARD SIDE r GROUND LEVEL SETBACKS r DR$AN PERMI'1'S AND CLASS C SPECIAL r PLAZAS. AND TS FOR SPECIAL REQUIREMENTS PROVIDING GROUND LEVEL PEDESTRIAN OPEN AND LANDSCAPING. s, STREET FURNITURE. A REQUIREMENTS* CONTAINING PARKING REPEALER PROVISION AND A SEVERABILITY CLAUSE. b title at the meeting of April } on its first reading Y and final reading by passed 26, 1984, was taken up for its second On motion of Commissioner Plummer, title and adoption. by Commissioner Dawkins, the ordinancebtitle and ereup- hpassed seconded reading- sthend and final on given d b following vote and adopt Y AYES: Commissioner Miller J. Dawkins AYES: L. Plummer, Jr. Commissioner J. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. • ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9839 The City Attorney read the ordinance into the public opiewere cssion and to the public available to the record and announced that members of the City Comma ----------- gp„DING ORDINANCE: ORD. 9500 ATLAS CHANGE FROM 38. SECOND RAPID TRANSIT SPI-7.1 TO RESIDENTIAL DISTRICTI RIVER COMMERCIAL ------------------------------------------------------------ Mayor Ferre : Take up item 11. Does anyone want to speak on item 11? Robert H. Traurig, 1401 Brickell Mr. Robert H. Traurig: Department's request. Avenue. We support the Planning Mr. Plummer: Does that sound beautiful. Mr. Garcia -Pedrosa: Is there something wrong with it? Mr. Plummer: I can't be mad at you when you say things like that. Their request is $6.67. I move it. you have me confused. What do Mayor Ferre: Now you mean $6.67? no, this is just the map change. Mr. Garcia -Pedrosa: No, Mr. Jack Luft: This is applying the district that you just adopted to that area of SPI-7. Mr. Garcia -Pedrosa: This is not a text change. This is a map change. 145 May 248 1984 sl i § IM Mf. pmart, What dui d6partmOtit On tnati 0"w . �rauri t I o+onovr completely with my friend► Mr. Duft. Mr. g Mayor Ferre: Does anyone want to move this? Mr. Plummer: I moved it. Mayor Ferre: Plummer moves. Mr. Perez: Second. Mayor Ferre: Further discussion? Call the roll. Mr. Garcia -Pedrosa: Le ed me read the further. ordinance, Mr. Mayor. No one seeks to be ra g Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA GENERALLY BOUNDED BY THE MIAMI RIVER ON THE NORTH, THE METRORAIL RIGHT- OF-WAY ON THE WEST, S.W. 8TH STREET ON THE SOUTH AND A LINE APPROXIMATELY 190' WEST OF AND PARALLEL TO BRICKELL AVENUE ON THE EAST, EXCEPT THAT, BETWEEN S.E. 6TH STREET AND S.E. 7TH STREET THE LINE IS APPROXIMATELY 390' WEST OF AND PARAL- LEL TO BRICKELL-MIAMI RIVER RAPID TRAN- SIT COMMERCIAL RESIDENTIAL DISTRICT; MAKING CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE FSECTION AND IN ARTICLE 3, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of April 26, 1984, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, 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 Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9840 } 146 May 24, 1984 sl z" e F INS J. UP y ►ttCi Cat tltY` read t�11! ordin&ftOa into the Thewere record and aftnOuticed that COPi��tC� ►� iiabia a s of th0- pity. coftl n ili�lYYlialD.��.+iraUYNrara..�r—��— •_. . •. VO 39. DRCOND R ORDIt CB t ATE t 141PA1 RIm PID �l I" BPI-7 *RESBRfC '" ID I" DISTRICT • .. _... .. - �rrrr.�r����r•r rim— - r�rr�rrr�rr.�r ram•+ Mayor Ferre: Take up item 12. Mr. Rodriguez: Same recommendation as before. Mr. Traurig: We concur with the recommendations on this* Mayor Ferre: Does anyone else want to talk about this? is it that when you passed 9500 to correct Why Mr. Dawkins: now every time that I look you everything that was wrong, are coming back to amend 9500- year, I promised Mr. Rodriguez: Because since June of last y amend - you ou that I would come before you akestof comprehensive9500. This is the ments to correct all of the m eleventh amendment before You* This is what I'm doing, trying to correct the mistakes of 9500. Mr. Dawkins: Again, I was told that 9500 would erase all the ills. Mr. Gary: No, no. Commissioner Dawkins, to put it in Mr. Garcia -Pedrosa: understanding that the zoning code of the context, it's my City of New York, -and I think the Mayor was with me when we heard this figure, Mr. Mayor. Mayor Ferre: We all heard that time; that guy from New York said there were 13,000 changes. Since 1953, the City zoning these are c New York has a 13, 000 changessince1953r in the City of New changes of la York, changes of law. Mr. Dawkins: My only question is why did you pass 9500? Mayor Ferre: Because we want to compete with New Yoin rk. This is New York South. We want to have loin0Htohkeeps all the next twenty years. How else are here we going a month and these very nice attorneys busy coming having all this fun? Mr. Traurig: I would say When you passed the change deleted all references to the 7.2 to the just adoptedt that you have j Then you understand also (INAUDIBLE). Mr. Dawkins: one other thing, Mr. Dawkinso that resulted in the $6 hanging 7.2, so now we're just it will conform to the language Mr. Traurig: Well, it did correct a lot of things. you'd Mayor Ferre: Listen, if we diden'st have v anythis changesaand this have about 300 unemployed lawyers would be a major tragedy. Think of all the homes• Call the roll. 147 May 24, 1984 al t 1 .date edro a: , �,et: me road the ��r�irigit+�0#1 T+hi, is 0h is cond reeding. , Mayor -.Perrot Who vest S { 1 Mr. plumert 12? Yes, Map Ferret Dawkins seconds. Read the ordinancd,. 1 Mr. Garcia -Pedrosa: Let the record reflect that no brig seeks to be recognized. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA GENERALLY BOUNDED BY S. W. 13TH STREET ON THE NORTH, THE METRORAIL RIGHT-IOF-WAY ON THE WEST, S.W• 15TH ROAD ON THE SOUTH AND S• MIAMI AVENUE ON THE EAST, IAMI FROM -7 RIVER RAPID O TRANSIT BRICKELL MAKING COMMERCIAL RESIDENTIAL DISTRICT; FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading y b title at the meeting of April 26. 1984, was taken up for its second and final reading by title and adoption.Dawkinaon ,l the Ordinance was thof Commissioner ereup- seconded by Commissionerby title and passed on given its second and final to reading and adopted by the following AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None• ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9841 The City Attorney read the ordinance into the public record and announced misat sionoandswere to the public available to the members of the City Com -------------- IM-------------------------------------- CONNECTION 0ITHPROPPROPOSED SECOND R 40. DISCUSSION AMENDING 2�'�O88 �� ORDINANCE . ETC. TEMPORARILY MARKETS"); ( I IITAT N0.43). IONS ON FLEA • DEFERRED --l---.r-! M---------- Take up item 13. This is a zoning text on Mayor Ferret second reading. Planning Department, go ahead. sl 148 May 24, 1984 x ? a r " r� �bdrigu4tt Mr. Mayer in the last 1Qkasting .that ; w+� , a ► . recOMM41rided by lawyer Al th*to ware four. changes that were At this point r I want to only address thOGG four Cardenas items, One of those items was a definition of 'ft6w Marcha", dice to be allowed to be sold on the prelftid". We Mgr g of the existing ordinance with that new definition because household goods are allowed under Ctl-l.' under CO�-1 a now The second item that he was requesting from you approval wa; that a permit review would be allowed every three years# against that instead of one year. We strongly recommend We believe that this is a new thing that is recommendation. being tried for the first time in this area. We don't know it might have on the area. We yet the implications that class "E" permit is adequate. We believe that a one-year, believe that had there been any problems, we would be able flea market to correct them at the end of one year. A major investments unless the applicant doesn't require chooses to do so. We don't know the effect that it might to having it in the have in the immediate area, as compared is coming at one time and leaving at dog track, which people one time. Mayor Ferret Well, you have dogs, you know what happens, you get fleas. So the logical consequence is a flea market. Now is there anything more logical than that, Counselor? Mr. Al Cardenas: I'm just sorry I didn't think of that, Mayor. I'll have to remember that one. Mr. Rodriguez: There was a third point that they requested, which was the inclusion of holidays in the days in which this would be permitted. We agree to that with the condi- tion that only a maximum of three days would be allowed consecutively. There was a fourth item that Mr. Cardenas was requesting, which was the idea of permitting outside parking. We again, strongly recommend against that recom- mendation because we believe this would impact the surround- ing area. There is one extra item that we are recommending to be included. That is that in order to protect the public health, that the owner be responsible for Dade County Health Department Inspection of any food service that will be sold on the premises. Mr. Plummer: Well, isn't that mandatory that the Health Department themselves are going to be the ones to do the inspections? Mr. Rodriguez: Except that the Health Department only will inspect food that is serviced in the area, served, or that has been prepared. I want to make sure that they have.... Mr. Plummer: Are you also going to talk about these vendors that are selling fish and rotten eggs, and dirty clothes...• Mr. Rodriguez: I'm afraid that the Health Department does- n't get involved in that one. So again, I believe there will be agreement between Mr. Cardenas and the department, in relation the definition of the merchandise and the days of operation and on this requirement from the Health Depart- ment, there is a difference of opinion between Mr. Cardenas and ourselves as to allowing off -site parking and permitting a three-year permit, as opposed to one-year permit, as we recommend. Mr. Plummer: Sergio, it is understanding in reality, r a1Car- they are going to spend approximately $ denas, am I in the ball park? sl 149 May 24, 1984 t t m r - ,- Card#n&a e ` 'fie think. it < is; ing- tO, .b6. _ , *label : Mr. Pier: 'that's even a stronger case it'a a lot fleas - gergio, hove in Goda name can you - be :at the mercy of the .City, at the mercy: of &nyhody#_t0 invest that kind off money, and in one year they could be looking at the fact that they're out the doer. Mr. Gary: if they comply with the law, they don't have a thing to worry about. Mr. Plummer: No, you're not saying that it's an automatic renewal. Mr. Rodriguez: We're saying class "E" permit renewal annu- ally and then we have a sentence at the end saying the permit can be canceled only if the applicant is in violation of the conditions and limitations of the permit. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I don't agree with that. I'm sorry. Hey, look, sometimes you guys don't have to worry about financers and you don't worry about dollars. O.K., we have a disa- greement. What's the other area that we disagree on? Mr. Rodriguez: The other area is that they want to park • outside. In this -case,, the Flagler Dog Track has property across from Douglas Road and they would like to park over there too. We have problems with that, because.... Mr. Plummer: Do you have a problem with the Dog Track every night when it operates using all of the shopping center, all of the parking lots around? Mr. Rodriguez: You have people coming at one time, basical- ly.... Mr. Plummer: You are going to stop it around the Orange Bowl? Mr. Rodriguez: ....and leaving at one time, basically. This will be people quickly in and out all day long going through the neighborhoods. There will be filtration in the residential areas because of this type of usage. Besides, we don't know what we may be facing in other areas. These amendments will apply to any areas where they don't have 50,000 square feet. We might have other properties in the City.... Mr. Plummer: O.K., how about if we make it a conditional use? I'm saying, if your concern is -and I can understand - that the Dog Track is one parcel in which this is nothing different, and the parking that they have there every day in matinees and nights, then make it a conditional use. Any of them in the future have to come before us and we have to say yes or no. Mayor Ferre: That's right, you can only have flea markets where you have dogs tracks, that's it. Mr. Rodriguez: Will you settle for a special exception on the outside parking? Mr. Plummer: What is a special exception? What are you talking about? sl 150 May 24, 1984 r -y '. ir., ;: riguess. A Special ekdep.tion : to be s� v � ' :G1nt�g, + boardand. w.1i come back ,tb ;You :: o►_, .Oe t f, . if Pealed. Mr . ' Plummer i I don't know that t have any pobi+smD w.'i a that., You are talking about just making ---parking-_: a-_00ft4 �t tional user ,A Mr. Rodrigues: The outside parking. Mr. Plummer: I see nothing wrong with that. Mr. Rodriguez: You see, then we'll be allowed to have parking within the property with a class "E" permit#,but then when you go beyond that, you would have to get. a spe cial exception. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I'm sorry that you two disagree on something that I disagree on. I still disagree that the impetus is on the flea market to bring in the Health Department. What in the h--- do we have a Health Department for? it would seem like to me that if food is being served, they are the ones who should do the inspections. I move it, based on three years. I base it on the off -site parking being ... what did you call it? • Mr. Rodriguez: Special exception. Did you say three years or one year? Mr. Garcia -Pedrosa: You can't do the special exceptions. Mr. Plummer: He's telling me that you can't do the special exceptions. Mr. Cardenas: If I may, Commissioner Plummer. My name is Al Cardenas. I practice law here in the City of Miami. I'm representing the Flagler Dog Track folks. Mayor Ferre: And the distinguished chairman of the Sister City Committee and a lot of things. Mr. Cardenas: I'm honored. For the City Manager's informa- tion, who did give me the proper motivation one afternoon, I went home one evening and couldn't sleep after he talked to me, Howard. I put my home for sale. I bought a home in the City of Miami. Mr. Gary: I want you to know that we're going to put one of those clocks right next to your house. Mayor Ferre: I'm so inspired by that, I may do the same thing. Mr. Cardenas: My only comment on the on -site parking mat- ter, is obviously in the three year, we need agreed upon. We'll comply with whatever health requirements already exist on the books. My only comment on the outside parking is if you don't prohibit in the ordinance off -site parking and make it a conditional, special class "E" permit, then I believe, City Attorney, and maybe you can correct me, that we could discuss off -site parking on a per permit basis and review the merits of the particular applicant. In this particular case, I think of course that the Flagler Dog Track folks are more justified. They already use the off - site parking across the street for all their functions. It is a come and go thing. Most studies indicate that most folks go to play the dogs on an hour basis, or 13 races sl 151 May 24, 1984 .+ ate, ' d e usually ift :the +�+� , � that iaatw, , 3 dr. . 4 haut an'' -fit "aing thing It will be really very little The paint being, that if we don't prohibit it# We oats ►'�� tare a it 8n a pet 066e basis. , Mr. plummert The question is how do we get out of the dilemma right now? Mr. Cardenas3 By deleting the prohibition on off-bito parking and leaving it entirely up to the zoning administra+► for whether he grants off -site parking when granting this ,special class "C" permit. Mr. Rodriguez: I think that the possible impact of an approval of this in the neighborhood should be something that will be subject to a hearing. That's why I'm recom- mending a special exception. Mr. Plummer: Sure, so what you're saying is you don't want to take the heat; you want to throw it to us. Mr. Rodriguez: Yes. Mr. Cardenas: We created class "C" permits for something. I think this is a typical reason why we created that vehi- cle, so that we go to these folks and deal with these mat- ters at that level. Mr. Rodriguez: If you were to agree with the recommenda- tions that we're making in relation to off -site parking, tonight you're going to have to go with our recommendations for denial of the amendment by Mr. Cardenas. Then we're going to come with an amendment to the zoning ordinance so that section, in the near future, to deal with a special exception with off -site parking in relation to flea markets. Mr. Cardenas: Oh, I don't agree with that. We're now talking about the famous caper a month ago. Mr. City Attor- ney, you might want to have a ruling on this, but at the conclusion at the last meeting on the reading of the first ordinance, I was under the impression that a motion that a motion had been made by Commissioner Carollo, seconded by Commissioner Plummer, to approve the changes that were suggested by us and a memo which was provided to the Mayor and the members of the Commission. I, in talking with the Assistant City Attorney, Mr. Maxwell, he was under the impression, based on his review of the transcript, that you had approved three of the four items. I had the transcript typed and distributed. I have read and read it again. It's clear to me that Mr. Carollo did make that motion. I'll be happy to re -read it, if you folks want me to. Basically, he just said,"Mr. Mayor, you know really what he's asking for here is minimal. If we're going to approve these changes, I think we should go ahead." Then the Mayor said, "You want to make a motion for two years?" "I'll make a motion, Mr. Mayor, to approve the full three years that he's asked for here, along with the other requirements that they are asking for in here. I think they are reasonable." The Mayor said, "Let's see if there is a consensus. Does anybody disagree?" Commissioner Plummer said, "What was it?" Mr. Carollo replied, -this is the end of it- "He wants three years. Make it a motion, J. L., that we approve the requirements that he has made, or asked for, rather. I think they are reasonable." "All right, there is a motion on the floor that with the amendments, including the three year review period, rather than the one year that it be passed on first reading. Is there a second?" There was a second, and there was voting. I think my case is that all four items that we asked for were voted upon and passed. All that I'm asking for this evening is under the second sl 152 May 24, 1984 re$d i V u 016htiftu,6 t`E d NOR* .- -' .iig :..:. - Mr. rigilea t 'liave a-questi6h I Mr s Mayer � : ► e , l arc a Pad t�sa Whether we have substantial chahVw , it that time when thin . action was tauten, because it wras 1_ k part of the item that went before the Pianninc� �,c1Visofy Board. Mri, Garcia -Pedrosa: Well, I think we have a disagreement here, Mr. Mayor, as to what the Commission did on first reading. All, I have to tell you, it was a confusing meet- ing. It was hot. It was late. But my recollection is -and I'm just doing it from memory. I know you have a typed transcript. My recollection is that the Mayor said, "Three out of four ain't bad." Mr. Cardenas: Yes, he did, but he did it after the vote was taken. I attributed that to that very same set of circum- stances that you just described. Mayor Ferre: You were hot, confused, and late and night. Mr. Cardenas: Yes, confusing, late at night, but fortunate- ly I think that is one of the reasons why we have the wisdom of having these matters transcribed and subsequently typed, so that when we need to refresh our recollection, we can. I honestly feel that is how the vote was taken,'or I would not be taking that position. Mr. Rodriguez: My question is, regardless of the vote, whether this was a proper vote on the item, because I think there was an essential amendment made on that day with- out.... Mayor Ferre: The legal question the Administration is asking to the Law Department. Mr. Garcia -Pedrosa: No, no, if that was the first vote, Mr. Mayor, I don't think we have any problem the second vote. Mayor Ferre: In other words, that was a good try. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Cardenas: I think the City's Planning Department has probably talked us to death. Mr. Plummer: Wait a minute. Can we call Hermanowski to be the referee here? I want you to know that in another 20 minutes "Hill Street Blues" is coming on, and you ain't going to see me. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: This next round I want to be a good, clean fight. Mr. Rodriguez: Could you defer this item for ten minutes? Mayor Ferre: item. While you're arguing, we'll go on to the next sl 153 May 24, 1984 MAIN" ft = 9U C 2 PMM111) TO �3q, 9 i yy y�y A MVr �yspaj' yam{ L MEN AIt'Y H1;GCiLA'Y'Il'fNS" j -226MA 'ION Or CAHNIMA i 1� VALE#, PAIgn AM HIMILAN AC'�'IVhfi18B PULATION BY CITY COMM 42. STIISSION THAT, IN CONNECTION PI" THE HOLDING OF SPECIAL EVENT, CARNIVALS, ETC. r NO MORE THAN TWO SUCH EVENTS SHALL at HELD AT ANY ONE CITY FACILITY• Mayor Ferre: The next item is 15. We have some people from the public here. Go ahead, item 15. This is a first read- ing Planning Department ordinance for special events. deals with the Catholic Church. You all got a letter from the archdiocese and the Archbishop said ... "P.S., tell Mr. Plummer he will be excommunicated if he votes for this." Mr. Scott R. Jays My name is Scott R. Jay. I'm an attor- ney. My law office is at 420 Lincoln Road, Miami Beach. I do represent a consortium of carnival owners. That includes Megerly Shows and Amusements of America, Sunshine Amuse- ments, and James E. Straight Shows. All four of these operations are based here in South Florida. The furthest north is Orlando, where James E. Straight Shows is located. They do operate out of South Florida. In fact, three of lthem have homes here in Dade County. We do take exception �! to 15, as it states right now. I've discussed this with j; various individuals here in the City and outside the City. j Unfortunately, as you know, there were members of the Church • earlier today; I guess they had a higher calling and had other things to do. But they had been here on both dates. This was deferred from the April 26th meeting. They did want to speak on this issue. I am representing the opera- tors, but we both have basically the same position. The carnivals are necessary item for both the livelihood of my operators and also for the churches. The churches raise substantial amounts of dollars from the operations of these carnivals on a yearly basis. In fact they make far more than the carnivals ever do. I've discussed this. If I can suggest, I would like to see two changes to the proposed ordinance as it states today. very basically, if we could add Thursday as the proposed day, and then also to allow the opportunity for the Commission to change, to allow groups to come before the Commission, if exceptions were required. The carnivals would be able to accept it, and I believe the • churches would be willing to accept it. The majority, of churches do operate four -day carnivals, of Thursday, Friday, Saturday, and Sunday. One of the most important reasons for allowing it on Thursday, it allows a show to open up, it allows on the advertising, of the dollars to be better spent. More importantly, though, it allows them to try out the equipment. Mayor Ferre: So, in other words, because we are running out of time, you are recommending that instead of a three-day carnival, we have a four -day carnival. Is that it? Mr. Jay: Basically, a four day, and then also the Commis- lion allow themselves the option to waive or to change the regulations to a group who needs special exceptions to come i before the Commission. jMayor Ferre; From the Administration. Mr. Richard Whipple Mr. Mayor, we attempted to translate the City Commission's previous resolution 84-130. Although we did not follow it completely in making our recommenda- tions, if the Commission sees fit to include Thursday, I do not believe the Administration has a problem with that. We did want to point out, however, that the way we have drafted sl 9 154 May 24, 1984 TMA- r { Y. LA f E 5. `.a. C, 4 k poi .t t this ►t; we w+ uid have to . Change . and add .Sty +� f wt� eC ar�3 ai type aot t3.t i a in thO 06661nd OiVO- fir W Mr 3arcia Pedrosa: That.s there. ni- Mayor Ferret 1t says; 1 think the intenteBnctsi bear helcany- Val s which don't inci'ude mechanical device day of the week. Mr. Whipple: Right. Mr. Plummer: You don't have a problem with that. Mr. Jays No, we don't object to other people being allowed to operate additional days. Mr. Plummer: So, in other words, in the first section, you're wanting to change to include Thursdays, which they said they have no problem with, and other wise approve by the Commission. Mr. Jay: Yes, Commissioner. If I may, I've taken the liberty of typing up a proposed ordinance, which basically go on with this. Mr. Plummer: Mr. Whipple, let's get on with number tree, the third portion of this thing, any temporary fair, festi- val. • Mayor Ferre: He has to go to Watson Island, Virginia Key and so on. If it is a mechanical fair.... Mr. Plummer: Do you have any problems with three? Mr. Jay: once again with three, we'd like to have Thursdays added in there, and once again, unless otherwise approved by the Commission, giving the Commission the option, if they want to make a change to do that. Mr. Plummer: Do you have a problem with four? Mr. Jay: No. Mr. Dawkins: Where are you reading all these from, J. L.? Mr. Plummer: Page four of the back-up material of item 15. Do you have any problems with five? Mr. Jay: No, in fact I would go -just off the record, right now- if the City would deem it wise, I have operators that are not fly by nights. They are located here in South Florida, and they would welcome the opportunity to sit down with the City authorities and get that list together. Mr. Plummer: Mr. Mayor, I move the item amended to read in Section 1, "Thursdays, or otherwise approved by the Commis- sion"; Section 2 in its entirety; Section 3, the same amendments; Section 4 and 5 in their entirety. I move it as such. Mr. Gary: Read that again. Mr. Plummer: In Section 1 with the exception of adding Thursdays and the wording after legal holidays to include as otherwise approved by the Commission. Mr. Whipple: Commission. You want the whole operation approved by the al 155 May 24, 1904 4 5 j s pi a if it is tO i� 0 f►bi� � �a Mt, Whi#pla t More than those days Mayor Ferret Now you. clot it. Mr. Plummer: Correct, and the same thing applies to section Mr. Dawkinst When we passed this, wasn't the reason passing this to give the people in the neighborhood a relief from so many days of carnivals? Mr. Gary: Yes. Mr. Plummer: A week to ten days. Mr. Dawkins: All right; so now we are going back and adding one day. Then you are going to add another day, and then you are going to be right back up to five days. Mayor Ferre: See, it goes this way. Plummer has hierarchi- cal values. Do you understand? What that means is when an archbishop is ... that's it. You got it. Archbishop is higher than a City Manager. Mr. Plummer: I sure hope so. Mr. Gary: I think we ought to treat this the same as we do Latin Quarter. I think.... Mr. Plummer: Mr. Gary, you can go to hell as fast as you want, but I'm not going to hell. Mr. Gary: Mr. Mayor, if I recall the discussion very well, since this affects me greatly, as well as other citizens of Miami, we.... Mayor Ferre: That's what you get for living in the City of Miami. Mr. Gary: Yes, I'd like to move to Key Biscayne. Mr. Plummer: You can't. Ferre won't let you over there. Mayor Ferre: I didn't say the Bath Club. Mr. Plummer: He doesn't want any high priced help living in his neighborhood. Mr. Gary: If I recall the way the discussion occurred, when we considered this the first time.... Mr. Plummer: Why don't you go back and argue with them. Mr. Gary: Mr. Mayor, let's continue it until next week. Mr. Jay: Gentlemen, if I may say, it was continued from the last meeting. We would like to move on this so our sched- ules that have to be set for next year.... Mr. Gary: Fine, I'd like to approve it the way that we have it, Mr. Mayor. Mr. Plummer: I move it, as amended, on first reading, which will put it off to a second reading in thirty days. Then Mr. Gary can do his lobbying. sl 156 May 24, 1984 -- } k $ +� to tta9t� tie tithe ` !l id t �i: ] > t } Mayof ' d 1-Ad to' j driftit . . . Mr, . Plummet' When the he does he get the right to at amendments?; r . Mary: The Charter . Mr. Plummer: Hey, do you know your evaluation ib COM* q n ' Mr. Gary: I'd like to make an amendment that we allow carnivals in funeral homes also. Mayor Ferre: We have a motion. reading? Mr. Perez: Second. is there a second on first Mayor Ferre: Further discussion? Call the roll. Mr. Garcia -Pedrosa: Let me read the ordinance. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDI- NANCE NO. 9500, AS AMENDED, THE ZONING • ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW SUBSECTION 2003.9 ENTI- TLED "TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS," TO SECTION 2003 ENTITLED "ACCESSORY USES AND STRUCTURES," OF ARTICLE 20 ENTITLED "GENERAL AND SUPPLE- MENTAL REGULATIONS," BY PROVIDING FOR REGULATIONS OF CARNIVALS, FESTIVALS, FAIRS AND SIMILAR ACTIVITIES WITHIN THE CITY OF MIAMI BY RESTRICTING DAYS OF OPERATION AND LOCATIONS AND REQUIRING CLASS B PERMITS; FURTHER, AUTHORIZING THE CITY MANAGER TO ESTABLISH ADDITIONAL PROCEDURES AND SAFEGUARDS AS NECESSARY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins. ABSENT: Commissioner Joe Carollo. 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. Dawkins: I voted yes to stop it after three days, so fairs would not disturb neighborhoods seven days a week. I vote no now. Mr. Plummer: Mr. Gary, I want you to consider between now and second reading of this item, I think that there maybe sl 157 May 24, 1984 V. C2 t£R q S should be given consideratift for two separate deter � . one ; fdt ahti thes acid one for other. station• Mt . baw�tinss you are disc rimirseting• i Mr.plungers You bet your bippy• Mr. Gary: But see, what happens, though is, not only arG you discriminating, but secondly we are not dealing with thh ,( timing • A church can decide in a given neighborhood,to have i U a carnival every month. That's not fair to the residents. U' just thought it was a good idea. Forget it. Mr. Plummer: I I'm sorry I brought it up. Mr. Dawkins: You got another blessing from the Pope. il Mayor Ferree Mr. Gary, I'll put it on the record. I thin there should be an amendment. As a matter of fact, I think we ought to maybe put that amendment on right now that there than --how many carnivals a year be a limitation of no more Mr. Plummer: Let me put it, I think, the other way, if you want. Per location that there can not be a carnival there less than say every ninety days, or 120 days. Mr. Gary: We'll come up with a reasonable time. But that is not reasonable either, where you're having it three or j four days. Mayor Ferre : Let me say on the record, so we don't have a second reading legal problem, that it will be my intention on second reading to put a limitation as to how many carni- As a matter of vale..fact, let me just insert it right it, and it would not be a sub - now. We can always change stantial change. Mr. Plummer: Have them what, every four months. Mr. Gary: Every five. Mr. Jay: Gentlemen, if I could just say this. Mr. Plummer: Five a year. Mr. Jay: I would rather see a number of times a year, as ' opposed dates, same location, etimes you have two whatever the case mayups be.who want to use the Mr. Plummer: That's what we are trying to avoid. Mr. Jay: I understand that. But more importantly, the 'quote' season forsfarovsay oneals is oeveryasix months1 yourreix month period. So you talking about once a year. Mr. Dawkins: What happens if I go take my fraternity and go find a church who will munitt me use their group, k?ir land, and go from every Y and have one every wee Mr. Gary: Different location, different residence. Mr. Dawkins: But I can still go to the church and have it on the church grounds. Mayor Ferre: Let me ask you this question. The most active carnival that I've known is in St. Peter and Paul. Mr. Jay: Every Catholic Church has a large one. 01 158 May 241 1984 M Mayor i'erre: bo they have more than two per year? Mr. Jay! I don't know that any church has more than two per year. At beat most of them have one; on occasion there b a aeCond. might e Mayor Ferre: reSo, in other asonable limitation.words, if we put two a year, that's a Mr. Jay: I would say two a year would be a reasonable limi- tation. Mayor Ferre: I would like to then, therefore, amend this and make it two a year. Mr. Plummer: Or as otherwise approved by the Commission. Mayor Ferre: Or as otherwise approved by the Commission. Mr. Plummer: I have no problem. Mayor Ferre: Does anybody have any problems with that, two a year, or as otherwise approved by J.L. Plummer and the Archbishop? Are we ready to vote? Mr. Plummer: We have already voted. Mayor Ferre: Call the roll. Mr. Garcia -Pedrosa: Excuse me, Mr. Mayor, you have taken a roll call on the item. What is it you are proposing? Mayor Ferre: We are proposing a further amendment that we approve for second reading, and I'm putting it into the re- cord now. Mr. Garcia -Pedrosa: It's a motion. Mayor Ferre: it's a motion that ethere will be no more than two carnivals per location, per Yr. Mr. Gary: Before you vote, I'd like to discuss it. Mayor Ferre: Commissioner Gary. Mr. Gary: Mr. Mayor, never mind. Mayor Ferre: Plummer moves, Perez seconds the two per year on a motion. Further discussion? Call the roll. Mr. Jay: Mr. Mayor, is this unless otherwise approved? Mr. Plummer: Or as otherwise approved. The following motion was introduced by Commission- er Plummer, who moved its adoption: MOTION NO. 84-592 A MOTION STIPULATING THAT IN CONNECTION WITH THE HOLDING OF SPECIAL EVENTS, CAR- NIVALS, ETC. WITHIN THE CITY LIMITS, NO MORE THAN TWO SUCH EVENTS PER YEAR SHALL BE HELD AT ANY ONE CITY FACILITY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote- sl 159 May 24, 1984 AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J• Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J• Dawkins ABSENT: Commissioner Joe Carollo ON ROLL CALL: and all other af- Mayor Ferre: On behalf of the Gary family fected members of the City of Miami, I vote yes. Mr. Gary: Mr. Mayor, can we name this the Marooni Bill? Mr. Plummer: They live next door to Gary and they're the ones that bounce his ears every time. Mr. Gary: They are long-time friends. Mayor Ferre: Tell them about the Archbishop; they'll under- stand. SECOND READING ORDINANCE; (CONTINUED DISCUSSION RT.F20; OM 43 -ORD. 9500 TEXT CHANGE; LABLE NO. 40i ETSO; PROVIDE FOR PROVIDE NEW SUBSECTION 2038 (FLEA MARK THEIR OPERATION UNDER A CLASS C PERMIT; ETC- ----- Mayor Ferre: We're back tomitem inu 13,s. Mr. Cardenas. You have to hurry up. you have Mr. Al Cardenas: Alrr enas, attorney haveof Magreediami etoedisa_ ing the Flagler Dog Ta gree, but I have agreed in the meantime to abide by the po- sition taken by the City Attorney after his conference n with the Planning Director. So, in essence, what I'm going to ion to d request, respectfully for the Commissdo is d ton enter - request, tain a motion approving the three items app reading, including the change permitting the market to oper- ate on holidays, the r►Wa9Velourthe r quest to deletetthetoffe year permit. We will site parking prohibition. Mr. Sergio Rodriguez: You win. Mr. Plummer: No, he does not win, because I'm not happy. _ I'm happy to that point, but I want to go back to in anoth- er form, however it is to be done, because I want to tell roblem with you something. I don't think anybody has any p at the Flagler Dog Track. Many of those off -site parking neighbors make moneyand uof it. Let's submit the truth; the Orange Bowl it's like people aro Mayor Ferre: Plummer, make your motion. Will you? Mr. Garcia -Pedrosa: Before you move, Commissioner, I think what we discussed was that if you pass it as we passed it, or you passed it on first reading, the Flagler Dog Track, or anyone else, for that matter, would still have the opportu- nity before your August recess to come back and add a spe- cial exception for vision. Mr. Plummer: That's the way to do it? So we approve what tonight? Mr. Garcia -Pedrosa: The same ordinance that you have.... sl 160 5/24/84 Mr. Plummer: I so n►ove. Mr. Walter pierce: Comtigefdneaboutlagier Dt�gdt$ck. though, you are not just talking potentially ��erywt�ere in We are talking about flea markets the City. Mr. Plummer: I understand. Can we add in there that gr6 going to spend more than $300,0007 Mr. Pierce: No, sir. Mayor Ferre: Are we ready to vote now, Plummer? Mr. Plummer: I move as recommended by the City Attorneys Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? You all set? Mr. Cardenas: Yes, the only observation, Mr. City Attorney, is that you have some housekeeping changes to make in the ordinance that you propose. Page 2 in the bottom of it -and Director gwass tat d'priorith m- r tol ni- I think the Planning the tion of the flea markets osed to read after the first reading, not as it was supp nning Director a - first reading. I•think the Plaa roblem.I have just greed on the terminology and it's not a p want to make sure.... Mayor Ferre: Further discussion? Mr. Garcia -Pedrosa: tait theabottomeOfso I the pagershould conform mean the definition a to the definition at the top of the page? Mr. Cardenas: That is correct. Mr. Garcia -Pedrosa: No problem. Mr. Rodriguez: The top of the page is right. Mayor Ferre: Call the roll. Mr. Garcia -Pedrosa: Let me read the ordinance, Mr. Mayor. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20 ENTITLED "GENERAL ADAND SUPPLE- MENTARY A HEW REGULATIONS," E SUBSECTION 2038 ENTITLED "FLEA MARKETS;" PROVIDING FOR DEFINITIONS AND OPERATION- AL, REQUIREMENTS AND LIMITATIONS, AND RE- QUIRING A CLASS C SPECIAL PERMIT AND 3 YEAR PERIODIC REVIEW; FURTHER BY AMEND- ING PAGE 5 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, CG-1 DISTRICT, PRINCIPAL USES AND STRUCTURES, BY RE- QUIRING CLASS C SPECIAL PERMITS FOR FLEA MARKETS SUBJECT T DI L M TAT ONION TING FLEA MARKETS UNDER sl 161 5/24/84 USES" AND ESTABLISHING MINIMUM PARKING REQUIREMENTS! CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. b title at the meeting of April passed on its first reading y 26, 1984, was taken up for its second and final !line �n by title and adoption. On motion of Commissioneri onded by Commissioner Perez, the Ordinance was passed and given its second and final reading by title and p adopted by the following vote - AYES: Commissioner sioner J1lLerJ. Dawkins Plummerf Jr. Commis Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9842 The City Attorney read the ordinance into the public record and announced that copies to the avail l acble to the mem- bers of the City Commission ------ READING ORDINANCE: ORD. 9500 TEXT AME E'" To ART. 20, SEC. 2031 ( "DRI 44. FIRST VE-IN g,STABLIS S• CAR ES"); ETC• --------------------- Mayor Ferre: is item 16 a controversial item? Mr. Whipple: No, sir, I don't believe so. Mayor Ferre: Who's here on 16? Plummerp are you all set? Mr. Plummer: Yes, sir. moves 16. Perez seconds. Further Mayor Ferre: Plummer discussion? Read the ordinance. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 2031.2 OF SECTION 2031 ENTITLED "DRIVE-IN ESTABLISHMENTS; CAR WASHES," BY CLARIFYING LANGUAGE AND INCREASING THE REQUISITE NUMBER OF RESERVOIR SPACES FOR DRIVE-IN FACILITIES OF BANKS, CAR WASHES, AND EATING ESTABLISHMENTS; AB PROVISION/ CON- TAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre i i sl 162 5/24/84 46 NOES: None. ABSENTS Commissioner Joe Car011o Commissioner Miller J• Dawkins The City Attorney read the ordinance into the public record and announced that copies ow the available to the MOM- bers of the City Commission and - - - - -- ENT OF BUS BENCH CONTRACT TO BE IN THE 456 AUTHORIZE ASSIGNM HANCOCK AND NOVEHB EUG�18 A. HANCOCK� JR.r AS MAKE OF EUGENE A. ER 2, 1963 BUS BENCH PROVIDED UNDER TERMS OF THE CONTRACT. ------------------------------------- ---------------------- Mayor Ferre: Take up 34, authorizing the bus bench con- tract. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: Moved and seconded item 34. Call the roll on 34. resolution was introduced by Commissioner • The following Plummer, who moved its adoption: RESOLUTION NO. 84-593 A RESOLUTION APPROVING A PROPOSED ASSIGNMENT OF THE CITY'S BUS BENCH CONTRACT DATED NO- VEMBER 2, 1983 FROM BUS BENCHES COMPANY TO EUGENE A HANCOCK AND EUGENE As HANCOCK, JR. AS ASSIGNEE; ASSIGNMENT THE CTYMENTS TO ATTORNEYBE IN A FORM ACCEPTABLE ATTORNEY - (Here follows body here and on file in Clerk.) of resolution, omitted the Office of the City Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ------------------------------ LECT THE LAW FIRM OF BROAD AND CASSELI., NEBISCAYNE 'POiWER, 46. SE TWO SOUTH BISCAYNE BLVD.. MIAMI, FLORIDA AS CO -BOND COUNSBL WITH BBOWN• i�D' Og�YMI�MI'CHSLLGSDTSRAL PETTY IN CONNECTION WITH OBLIGATION BOND ISSUES. ---------------------------------- sl 163 5/24/84 93, fi k t » Y r h Mayor perrai itath 17 06 ahead' d on Mr. Cary! Mrs', Mayn�es you har►e a 1i`at o �aC��uris�iB thibrWe If you want to , 86166t one for this issue that L&I Coning up in dune or duly' 6 Mayor Ferre: is there a motion on l7? Mr. bawkitist I Move number one, Squire and sanders. Mr. Plummer: I move Broad and Cassell. Mayor Ferret We have two motions. I'll second Broad and Cassell. Mr. Garys The others can.... Mayor Ferret Of course others can do it too. Mr. Gary: I mean the next time. Mayor Ferre: Absolutely, let me state on the record now, we are going to do these... whomever gets a bond issue, the next one, he's out and the next guy is up. Mr. Gary: Right. Mayor Ferre: That way we'll eliminate one' by one, until everybody gets a crack. . Mr. Dawkins: The only problem that I have with this .one here is we sent people and those who have Black and minority participation, we were going to consider. Number one has 54 females, 2 Black male partners, 1 female Black partner, and 3 Black associates. Then you go down to Fine, Jacob- son, they have 1 Black, male partner, 1 female partner, 5 female associates, and 1 Hispanic. All I'm saying is that we didn't go out. That's what you said you were going out for. But now when you come back in, this is not what you're doing. Mayor Ferre: What we're going is we're trying to choose lo- cal firms. That's what... Well, one way or the other, there is a motion and a second. Further discussion? Call the roll. Mr. Garcia -Pedrosa: Excuse me, Mr. Mayor, can we clarify which bond issue this is for? Mr. Gary: This is for the $30,000,000 that is getting ready to be sold in June. Mayor Ferre: We are talking about the $30,000,000 that is getting ready to be sold. Commissioner Plummer has made the motion that Broad and Cassell be chosen. I seconded it. We are calling the roll on it right now. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-594 A RESOLUTION RETAINING THE LAW FIRM OF BROAD AND CASSELL TO SERVE AS LOCAL BOND CO -COUNSEL TO ASSIST THE FIRM OF BROWN, WOOD, IVEY,• MITCHELL AND PETTY WITH RESPECT TO THE SALE OF $30,200*000 GENERAL OBLIGA- TION BONDS OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here al 164 5/24/84 P 1f, . J4Y and on file in the offjob of the City Clerk.) Upon beint- seOohdad by Mayor Ferro, the resolution was t pa6sod and adopted by the following Mote- AYESs Commissioner Miller J. Dawkins Vice -Mayor Demetrio J. Peres# Jr. Mayor Maurice A. Ferre NOES:': Done. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer. Jr. ON ROLL CALLs Mr. Dawk ns: Yes, with the exclamation that Fine, Jacobson got the last one and have Black females and Hispanics and Broad and Cassell only have one Hispanic. Mayor Ferre: I would like to point out that Fine, Jacob- son, Block and Kline, you are absolutely right, they have the last one. Mr. Gary: Yes, they got the last one. Mayor Ferre: Now we're going to get another one. Fine, Ja- cobson, Black, Klein are out. Now we're going to Broad and Cassell, and after this it will be somebody else's turn. 47. BRIEF DISCUSSION SEEKING CLARIFICATION ON RECENTLY PASSED FIRST READING ORDINANCE RE "DRIVE-IN ESTABLISH- MENTS; CAR WASHES". ETC. (See label #44). ------------------------------------------------------------ Mr. Al Robinson: Excuse me, Mr. Mayor, regarding item num- ber 16, my name is Al Robinson. I'm with McDonald's Corpo- ration. As we understand this, we take exception to it. I don't fully understand it, because I understand now that the spaces don't change. Is it ten spaces minimum? Mr. Richard Whipple: It is 8 spaces for drive-in restaurant windows; one space at the window, one space after the win- dow. Mr. Plummer: Which is a total of ten. Mr. Robinson: It just limits us. Mr. Plummer: No, it doesn't. Excuse me, that is without having any kind of a hearing. You can still lay out a plan that is acceptable and apply for a variance. Mr. Robinson: Each site on its own merit. Mr. Plummer: That's correct, so you're not locked out of the door. What you would have to do is to present a plan to this Commission showing the flow of traffic not onto a busy intersection or disrupting the rest of the parking lot. So, you're not locked out. Mr. Robinson: Just slowed down. I have a few things to say about those things, if you would take your time. Mayor Ferre: You're welcome to come back at the next meet- ing; we'll put you first up. Mr. Manager, he had been wait- ing all day, so I think it's only.... si 165 5/24/84 I Mr. Robinson: I also have the Construction Manager from Burger King here with me. Mayor Ferre: On second reading, we'll take you first up and we'll have an open mind on this issue. ------------------------------------------------------------ ESTABLISH NEW SPECIAL REVENUE FUND 48. EMERGENCY ORDINANCE'- ENTITLED; "INTERNATIONAL FESTIVAL. 1984"; APPROPRIATE $125 400 IN CONNECTION WITH THE INTERNATIONAL FESTIVAL, ETC. Mayor Ferre: We're on item 29. Mr. Gary: This is the International Folk Festival. You ap- proved. Mayor Ferre: Mr. Manager, I don't understand this. We have $125,000? Mr. Gary: No, you didn't approve all that. They give them revenues from other sources. Since you said this is going to be a City -funded event, we have to have a mechanism to receive this money; this is just an accounting technique. Mayor Ferre: Where do they get money from? Mr. Carl Kern: $45,500 allocated previously by the Commis- sion; $79,500 from the sale of tickets, booths, all the oth- er revenues. They have to have a fund to receive and pay out of. Mr. Gary: Don't forget, this is a mechanism. You said this was to be a City -ran event. Mayor Ferre: I know, but Mr. Manager, through you to Mr. Kern, are you sure they are going to come? I'd be happy if they do half of that? Mr. Gary: Well, let me just say something. This is a spe- cial revenue fund. They can only spend money as they re- ceive it. So if they don't get it, they don't spend it. Mayor Ferre: I got you. O.K., I have no problem with that. Mr. Plummer: Yes, I wish that were true. Mr. Gary: No, no, it's got to be true by law. Mr. Plummer: You had better make them d--- well aware of it. Mayor Ferre: You better tell Morty to make sure. We've been through this one before. Mr. Plummer: I've paid many of your deficits. Mayor Ferre: Are we ready to go on this or not? Mr. Gary: Yes. sl 166 5/24/84 "N I Mayor Ferre: Plummer over, ordinance - AN AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "INTERNATIONAL FESTIVAL, 1984"► AND APPRO- PRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $125,000 COMPOSED OF $45#500 PREVIOUSLY ALLOCATED TO THEE INTERNA- TIONAL FESTIVAL FRO SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, AND $79,500 IN REVENUES RECEIVED FROM THE SALE OF TICKETS AND BOOTH RENTALS, CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of efollowing vote - same two separate days, which was agreed to by AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo oner Whereupon the Commission Commissionerotion sf adopted ordinancePlurmner and seconded y vote - ordinance by the following AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9843. The City Attorney read the ordinance into the public record and announced copies and to the publ acble to the mem- bers of the City Commission ON ROLL CALL: Mr. Plummer: Why is it an emergency? Mr. Gary: Because the festival is getting ready to begin. They need to begin to spend money. ------------------------------------------------------------ 49. AUTHORIZE CITY MANAGER TO SIGN WHATEVER CONTRACTS MAY SCH UNLIME NECESSARY IN CONNECTION WITH THE ANHEU ITED REGATTA" EVENT. ------------------------------------------------------------ Mr. Plummer: Let me ask a question, Pepe, there was sup- posed to be an ordinance here or something here today. I'm sorry that Bob Clark is g° roved here tonight ine. There are two ntracts relation that to I was supposed to have app sl 167 5/24/84 _N 4 the Unlimited Regatta. We are not meeting again until af- ter the Regatta. Mr. Gary, you have signed one of the con- tracts. Do we ratify them after the regatta? Mr. Gary: Yes. Mr. Plummer: That's agreeable? Mr. Gary: Yes. Mr. Garcia -Pedrosa: Or you can make a motion right now to amend authorize them. Mr. Plummer: I make a motion to authorize the Manager to two sign the contracts, if he finds them in proper contracts, one, a contract between contracteb between theCity of 1City ami and Anheuser-Busch and the Association. I so Miami and the Florida Inboard Racing move. Mr. Dawkins: Mayor Ferre: Second. Call the roll. The following motion was introduced by Commission- er Plummer, who moved its adoption: MOTION NO. 84-595 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN WHATEVER CONTRACTS MAY BE NECESSARY IN CONNECTION WITH THE "ANHEUSER-BUSCH UNLIMITED REGATTA E- VENT, TO BE HELD AT THE MIAMI MARINE STADIUM. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 50. AUTHORIZE CHANGE OF COMPLETION DATE IN INC FOR THE CCO N CONTRACT WITH BETTER CONSTRUCTION, MARTI RIVERFRONT PARK, PHASE II, TO STRUCTION OF JOSE SEPTEMBER 30, 1984. Ma or Ferre: Take up item 35. We have to do this,other- $680,000 from Department Of wise, wise, we're going to lose National Resources. Mr. Dawkins: Move it. Mayor Ferre: Moved by Dawkins. Mr. Perez: Second. Is there a second? sl 168 5/24/84 Mayor Ferre: Perez seconds. Further discussion? Call the roll on 35. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 84-596 A RESOLUTION AUTHORIZING THE CHANGING OF THE COMPLETION DATE FOR THE CONSTRUCTION CON- TRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND BETTER CONSTRUCTION, INC., FOR THE CONSTRUC- TION OF JOSE MARTI RIVERFRONT PARK, PHASE II, TO SEPTEMBER 30, 1984; FURTHER WAIVING ANY AND ALL LIQUIDATED DAMAGES THAT MAY BE ASSESSABLE AGAINST BETTER CONSTRUCTION, INC., FOR THE LATE CONSTRUCTION OF JOSE MARTI RIVERFRONT PARK, PHASE I AS CONSIDERA- TION FOR THE CONTRACTOR'S ACCEPTANCE OF THE NEW ACCELERATED COMPLETION DATE FOR THE PHASE II PROJECT. (Here follows body of resolution, omitted 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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ------------------------------------------------------------ _ 51 ALLOCATE $25,000 TO -COCONUT GROVE KARKETING" REPRESENT- ING IN -KIND SERVICES TO BE PROVIDED IN CONNECTION WITH "TASTE OF THE GROVE FOOD FESTIVAL" TO BE HELD AT PEACOCK PARK. ------------------------------------------------------------ Mayor Ferre: Take up item 36, Police, Sanitation, Show - mobile rental to benefit Muscular Dystrophy. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: Moved and seconded. ll uys- This Pis going to ybe a hell of ae festival .something*sa food fes- tival. 9 Mr. Dawkins: J.L., let's move this; I'll call you on the phone and we can talk about it. Mayor Ferre: Call the roll. That's the second time Dawkins and I agreed today on Plummer. The following resolution was introduced by Commissioner Plummer, who moved its adoption; sl 169 5/24/84 0 0 RESOLUTION NO. 84-597 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EX- CEED $25,000 FROM SPECIAL PROGRAMS AND AC- COUNTS, QUALITY OF LIFE FUND, TO COCONUT GROVE MARKETING, INC. REPRESENTING THE COST OF IN -KIND SERVICES TO BE PROVIDED IN CON- NECTION WITH THE TASTE OF THE GROVE FOOD FESTIVAL" TO BE HELD IN PEACOCK PARK ON JUNE 30 AND JULY 1, 1984; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, 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 Perez, the resolu- tion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 52. AUTHORIZE COCONUT GROVE MARKETING, MUSCULAR DYSTROPHY ASSOC., LOVE 94 RADIO, AND PRODUCERS OF COCONUT GROVE BED RACE TO STATE "TASTE OF THE GROVE FOOD FESTIVAL" IN PEACOCK PARK ON JULY 14 AND 15, 1984. Mayor Ferre: Take up item 37. Mr. Carl Kern: The dates are July 14 and 15, rather than July 1. Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-598 A RESOLUTION AUTHORIZING COCONUT GROVE MAR- KETING, IN COOPERATION WITH THE MUSCULAR DYSTROPHY ASSOCIATION, LOVE 94 RADIO, AND THE PRODUCERS OF THE COCONUT GROVE BED RACE TO STAGE A "TASTE OF THE GROVE FOOD FESTI- VAL" IN PEACOCK PARK ON JULY 14 AND JULY 15, 1984; FURTHER AUTHORIZING A PERMIT FOR THE: SALE OF BEER IN CONNECTION WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) sl 170 5/24/84 0 0 Upon being seconded by Commissioner Dawkins, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Millei J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 53. AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH GEORGE ACTON, JR. FOR PREPARATION OF THE SPECIAL PUBLIC INTEREST (SPI) ZONING ORDINANCE FOR THE SOUTH- EAST/OVERTOWN/PARK WEST COMMUNITY AREA. Mayor Ferre: Take up 39. Mr. Plummer: Is that legal? George Acton is a former City employee. Mr. Gary: Yes, we've had him on the consulting contract for a long time. Mr. Plummer: What about the two-year provision after he leaves the City? Mr. Gary: He's been gone for five or six years now. Mayor Ferre: You hadn't noticed. Mr. Plummer: No, I guess I just figured that while he was around, lie was on payroll. Mayor Ferre: Plummer moves 39. You can call and chit chat about it later on. Mr. Dawkins: Second. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-599 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACTUAL AGREEMENT, IN SUB- STANTIALLY THE FORM ATTACHED WITH GEORGE ACTON, JR. FOR PROFESSIONAL CONSULTANT SERV- ICES IN THE PREPARATION OF THE TEXT OF THE SPECIAL PUBLIC INTEREST (SPI) ZONING ORDI- NANCE FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $9,000 ALLOCATED FROM SOUTHEAST OVERTOWN/PARK WEST FUNDS. (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- sl 171 5/24/84 AYES: commissioner Millar J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Per0 t, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo - - - - - - - - - - - - - - - - - --------�.....��.......r Mom......+.. . 54. APPROVE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO THE $30*200,000 TO THE CITY OF MIAMI, FLORIDA, GENERAL OBLt" GATION BONDS. Mayor Ferre: Take up Agenda Item 40. Mr. Dawkins: Move it. Mr. Gary: This is an official statement for us to sell the bonds that you just approved for Broad and Cassell. Mayor Ferre: That is right. Further discussion? Mr. Gary: Preliminary official statement. Mayor Ferre: Call the roll. Wait, who moved it? Dawkins moved it. Who seconded? Mr. Perez: I second. Mayor Ferre: Perez seconded. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 84-600 A RESOLUTION APPROVING THE FORM OF THE PRELIMINARY STATEMENT PERTAINING TO $30,200,000 THE CITY OF MIAMI, FLORIDA, GENERAL OBLIGATION BONDS AND AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY OF- FICIAL STATEMENT TO PROSPECTIVE PURCHAS- ERS OF SUCH BONDS AND FURTHER AUTHORIZ- ING THE MAYOR TO EXECUTE THE FINAL OFFI- CIAL STATEMENT PERTAINING TO SUCH BONDS. (Here follows body of resolution, omitted 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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Mr. Gary: We have a revised copy of 40 for you. substantial. It is not sl 172 5/24/84 a mayor Terre! to other words` $ t000*000. for . ' sri&' $ �.0 000 000 for hour ng r Otago r 000 for ��+��►� . r, i` Mr. Gary $3•000•000 for storms, $7,100,00 for .•• x Mayor Ferret $3r000#000 for storms. Now,. on the housin0,, i. Howard, don't we have a legal issue. Mr. Gary* No, we can sell now. Mayor Ferret We can sells the e bonds hateven it? though i see have e discussion on the legal is • i Mr. Gary: We have got that resolved. Mayor Ferret Oh, I see. 55. FIXING CERTAIN DETAILS CONCERNING $210009000 FIRE FIGHT- ING, FIRE PREVENTION Q RESCUE FACILITIES BONDS, $18,100,000, HOUSING BONDS; $3,000,000 STORM SEWER IM- PROVEMENT BONDS AND $7.100.000 STREET AND HIGHWAY IM- PROVSMENT BONDS OF THE CITY OF MIAMI, FLORIDA. ` --1N------- M- -lN--N N---------N------------------l-- Mayor Terre: We are now on 41 - who moves 41? Dawkins moves. Plummer seconds. Further discussion? Call the -' roll. • The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 84-601 A RESOLUTION FIXING CERTAIN DETAILS CON- CERNING $2,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, $18,100,000 HOUSING BONDS, $3,000,000 STORM SEWER IMPROVEMENT BONDS AND $7,100,000 STREET AND HIGHWAY IMPROVE- MENT BONDS, OF THE CITY OF MIAMI, FLORI- DA, AND DIRECTING PUBLICATION OF NOTICE OF SALE OF SAID BONDS. (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. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo - ! - - - - - - - -----------------N------MN N--- N 56. AUTHORIZE INCREASE IN CONTRACT BETWEEN CITY AND RUSSELL, INC. FOR COMPLETION OF CITY WIDE PAVING PROJECT - S.W. 27TH AVENUE AND N. W• NORTH RIVER DRIVE. -------------N N ---! -! N------!!!-!� al 173 5/2+4/84 Mayor _��r�e� The Asssget t6 dGMA Uat "< , and Aurseall; ' that . 1 0t �k s era__ Mr. Dawkins MOVe it. }j V Mayor rerrei City ride paving— all rights it is Mbv6d by Dawkins, seconded by Peres. Further discussion? Call the �- roll on 42 The following resolution was introduced by Commissions Dawkins, who mowed its adoption: RESOLUTION NO. 84-602 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF MIAMI, G FLORIDA AND RUSSELL, INC. IN AN AMOUNT NOT TO EXCEED $98900 FOR THE COMPLETION OF CITY WIDE PAVING PROJECT -- S.W. 27TH AVENUE AND N.W. NORTH RIVER DRIVE, SAID AMOUNT TO BE PROVIDED FROM THE ACCOUNT ENTITLED CITY WIDE PAVING IMPROVEMENTS. i (Here follows body of resolution; omitted here- i and on file in the Office of the City Clerk.) i Upon being seconded by Commissioner Perez, the resolu- tion was passed and adopted by the following vote AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ------------ ----------- -------------------------- 57 . ALLOCATE $10 8 000 IN SUPPORT OF PHASE II OF THE STUDY OF "DOUBLE TAXATION IN DADE COUNTY" PRESENTLY BEING CON- DUCTED BY THE CITY OF CORAL GABLES, AS CITY'S PROPOR- TIONATE SHARE OF THE COST OF THE STUDY. Mayor Ferre: Take up Agenda item 43. This is the double taxation study with Coral Gables. Plummer moves that one, I know for sure. I think Dawkins is going to second. Further discussion? Hey, J. L., it is your baby - Coral Gables, double taxation. Mr. Plummer: Yes. Mayor Ferre: All right, further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-603 A RESOLUTION ALLOCATING FROM THE CONTINGENT FUND, AN AMOUNT NOT TO EXCEED $10,000 IN SUPPORT OF PHASE II OF THE STUDY OF DOUBLE TAXATION IN DADE COUNTY PRESENTLY BEING CON- DUCTED BY THE CITY OF CORAL GABLES, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE s1 174 5/24/84 y e R :Y Y �Ifi 1E g Tn Apt SAID sum , (a I dre follows odolit�r��tmdClarke) And oh file inthe officeoftheit Upon being seconded by Commissioner Dawkins# the reso- .cation was sassed and adopted by the following vote - ►YES: commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo - - - - - - - - - -- --- --------N--N-NN----N---N 58. EXTEND PROFESSIONAL SERVICES AGREEMENT WITH WARREN L. BRAUN, CONSULTING ENGINEERS, IN AN AMOUNT NOT TO EXCEED $15,000 FOR SERVICES REGARDING CABLE COMMUNICATIONS A- GENCY'S TECHNICAL REVIEW OF THE CITY'S CABLE TELEVISION SYSTEM. -- Mayor Ferre: Take up 44. Mr. Dawkins: Move it. Mayor Ferre: Dawkins moves. Is there a second? Plummer seconds. Mr. Plummer: Which one? Mayor Ferre: Item 44. Mr. Plummer: What is it? Mayor Ferre: This puts carnivals in all funeral homes. Mr. Plummer: Item 44, what did we do today? Mr. Gary: This doesn't change this. This person reviews the State of the Arts System. They implement it to make sure it's technically correct. This is a past cause. Mr. Plummer: Is this part of your budget? Mr. Gary: Yes. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Are we ready to vote now, Plummer? Mr. Plummer: I guess. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 84-603 sl 175 1 5/24/84 tpo THE CITY MANAGER TO A RESOLUTION AUTHORIZING EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH WARREN L. BRAUN, P.E., CONSULTING EN41- NEERS IN AN AMOUNT NOT TO EXCEED $151000 IN CONNECTION WITH SERVICES IN CONJUNCTION WITH CABLE COMMUNICATIONS AGENCY'S TECHNICAL RE- VIEW OF THE CITY OF MIAMI's CABLE TELEVISION SYSTEM. (Here follows inbody theoofficellomitted and on 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. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo --- - ----------------------------------------------------- 59. AUTHORIZE CITY MANAGER TO EXTEND PROFESSIONAL SERVICES AGREEMENT WITS . LAW FIRM OF ARNOLD AND PORTER, IN AMOUNT NOT TO EXCEED $125,000 FOR REPRESENTATION RELATING TO THE CABLE TELEVISIONICENSE FEE ENS WAIVER PET COMMIS ON f IOETC • PENDING BEFORE THE FEDERAL Mayor Ferre: The last one is item 45. This is Arnold and Porter. Mr. Plummer: This is for work that has already been done. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, -who moved its adoption: RESOLUTION NO. 84-605 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH LAW FIRM OF ARNOLD AND PORTER, IN AN AMOUNT NOT TO EXCEED $125,000 IN CONNECTION WITH SERVICES IN CONJUNCTION WITH REPRE- SENTATION RELATING TO THE CABLE TELEVISION LICENSE FEE WAIVER PETITION PENDING BEFORE THE FEDERAL COMMUNICATIONS COMMISSION ON BE- HALF OF THE CITY OF MIAMI, AND FOR OTHER LE- GAL SERVICES THAT MAY BE REQUIRED IN CON- JUNCTION WITH THE CITY'S CABLE TELEVISION LICENSE ORDINANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) al 176 5/24/84 lotion was passes ana aaopLea vy L11C LW.LXWWiaay AYES= Commissioner Miller J. Dawkins Commissioner J. D. Plummer, Jr. Vice=Mayor Demetrio J. Peres, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ----------------------- -------------------------------- 60. SECOND READING ORDINANCE; ORD. 9500 ATLAS CHANGE; APPLY SEC. 1610 HC-1; GENERAL USE HERITAGE CONSERVATION OVER- LAY DISTRICT TO "COLA -NIP BOTTLING CO." Mr. Gary: Mr. Mayor, we need to do item 1. Mayor Ferre: I know, items 1 and 2. Take up item 1. Mr. Plummer: Where is the applicant? Mr. Gary: He's agreed. • Mr. Plummer: Did he surrender a letter of approval? Ms. Joyce Meyers: No, he has attended previous public hear- ings. Mr. Gary: Four meetings. Mr. Plummer: I asked you to give me a letter. Ms. Meyers: You said a letter or a person here. Mr. Plummer: Yes, but he's not here. Where is the letter. Mr. Gary: J.L., you've postponed this four times. You can't keep coming on. Mr. Plummer: Mr. Gary, please, it's so simple to say to thee man, "Do you approve?" He says, "Yes." Give it to me in writing. Mayor Ferre: J.L., look, we've done this plenty of times before with your concurrence. Mr. Garcia -Pedrosa: It's Heritage Conservation; it's your baby. Mayor Ferre: Mr. Manager, if you stipulate that Mr. William Hutchinson, Jr. has told the Administration or the staff that he concurs with this.... Mr. Gary: We do. Mayor Ferre: Now, Mr. Plummer, do you trust Mr. Gary? Mr. Plummer moves. Further discussion on 1? Mr. Plummer: Please, in the future, huh, it's simple to get a letter. Mr. Gary: I tell you what. We'll do this. You pass it and we'll have the staff go and type a letter for him to have signed. sl 177 5/24/84 Mr. Plummer: Just have a standard letter in the future to Y have these people sign. Mayor Ferres That's reasonable. Now read the ordinance. Mr. Garcia -Pedrosa: Let the record reflect that no one seeks to be recognized. Mayor Ferret Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CONSERVATION OVER- LAY DISTRICT TO THE "COLA -NIP BOTTLING COMPANY BUILDING", LOCATED AT APPROXI- MATELY 227 NORTHWEST 9TH STREET, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE N0. 23 OF THE ZON- ING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 29, 1984, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, sec- onded 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 Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9844 The City Attorney read the ordinance into the public record and announced that copies were available to the mem- bers of the City Commission and to the public. 61. SECOND READING ORDINANCE; ORD. 9500 ATLAS CHANGE; APPLY SEC. 1610 HC-1: GENERAL USE HERITAGE CONSERVATION OVER- LAY DISTRICT TO "COLA NIP BOTTLING CO." Mayor Ferret Plummer, are you all set on item 2? Mr. Gary: Yes, they agree. Mayor Ferret Black Archives History and so on agree? Right, Mr. Manager? Plummer? Mr. Plummer; Is there such a letter on file? sl 178 5/24/84 r c Mayer Werras Plummer move ; and Dawkins 8000ndea rurTner decuseioi7 Read the ordinance. Mr. Garcia"Pedrosa: Lot the record reflect no Ohs ebeks } be recognited, Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY APPLYING THE HC-1 GEN- ERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "X-RAY CLINIC", LOCATED AT APPROXIMATELY 171 NORTHWEST 11TH STREET, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 23 OF THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DE- SCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 29, 1984, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, sec- onded 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 Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9845 The City Attorney read the ordinance into the public record and announced that copies were available to the mem- bers of the City Commission and to the public. ------------- -------------------- NOTE FOR THE RECORD: Agenda item No- 14 was continued to a future meeting. ------------------------------------------------------ 62. CLAIM SETTLEMENT; STEVEN EUGENE ($20,000); AND TO DONNA MICHAELSON, ESQ. HIS ATTORNEY ($5,000). Mayor Ferre: While we are looking at item 6, Commissioner Dawkins moves and Perez seconds a resolution authorizing the Director of Finance to pay to Steven Eugene the sum of $20,000 and to Donna Michaelson, his attorney, the sum of $5,000 for statutory attorney fees and costs, in full and complete settlement of all workers' compensation claims or demands against the City of Miami upon execution of a re- lease releasing the City of Miami from all claims and de- mands. � a " y d F D 15 Y Mayor perm: Denied? i money to ft.attorney• Mr, pl er t am not paying 9i�r, let his ►y hio z rt claim to this pity is with the client, attorney. a are not a collection agenoy for ttorn�y f ia-Pedrosa: Mr. Mayor. can 1 request that the ►� x Garc the proposed resolution# which is item 91 0 mission modify the previous ar�enda # to $ 25 #Zne and need bee unde Athe r law the authority to split the money eat of atto� of the State tOfwFloerdcompenswhicationucases ires the eH�� that, J.L.? #Heys' fees Mr. Plummers I don't like it. Mayor Ferret Plummer moves; Dawkins seconds. Further dis- cussion? Call the roll. The following resolution was introduced by Commissioner plummer, who moved its adoptions RESOLUTION N0. 84-606 A RESOLUTION AUTHORIZING THE DIRECTOR OF FI- NANCE TO PAY TO STEVEN EUGENE THE SUM OF $20,000 AND TO DONNA MICHAELSON' HIS ATTOR- NEY, THE SUM OF $ 5 , 000INO FULL AND RY ATTOR- COMPLETE NEY FEES AND COSTS, SETTLEMENT OF ALL WORKERS' COMPENSATION CLAIMS O DEMANDS OF AA INST �LEAS� RELEASING CITY OF IAI THE UPON EXECUTION CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS - (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo _ ww wNNNww _------w—w--w ww -- RECORD: Agenda items No. 6 and No. 9 were con - NOTE FOR THE 1984 meeting- ----------------------------------- -------- al ISO 5/24/84 21 x .Lro "2 e Seconded by Peres. Pn�tther ; �tsIor Ferret Moved by 1AWkins . e discussion? Reid the ardinaneee Call the roil. :_ E dardia-Pedrosa t Mr • Mayor, let the record reflect t that no one seeks to be heard on this item on second bearing AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 62-15, 62-24, 62-26• 62-32r 62-33r 62�-34, 62- 35, 62-47, 62-48, 62-49, 62-52, AND 62- 53 OF CHAPTER 62, ENTITLED "ZONING AND PLANNING", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR AN INCREASE IN MEMBERSHIP OF THE CITY PLANNING ADVISORY BOARD AND THE CITY ZONING BOARD TO CONSIST OF 9 MEM- BERS AND 1 ALTERNATE MEMBER FOR EACH BOARD, ESTABLISHING THE QUORUM REQUIRE- MENT FOR SAID BOARDS; FURTHER ESTABLISH- ING A METHOD OF NOMINATION AND QUALIFI- CATIONS FOR MEMBERSHIP APPOINTMENTS; FU- RTHER PROVIDING FOR REMOVAL OF MEMBERS WHO DO NOT MEET REQUIREMENTS FOR BOARD ATTENDANCE AT THE MEETINGS OF SAID BOARD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of Feb- ruary 288 1984, was taken up for its second and final read- ing by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, 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 Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9846 The City Attorney read the ordinance into the public record and announced that copies were available to the mem- bers of the City Commission and to the public. ---------------------------------------------------------- 64. WAIVE COMPETITIVE BID REQUIREMENTS AND AUTHORIZE EMER- GENCY PURCHASE OF PRINTING AND GRAPHIC ARTIST SERVICES AT A COST OF INFORMATION BFOR !!ARCH 13,I1 IT H DISTRIBUTION OF VOTER 98 SPECIAL MUNICIPAL ELECTIONS. -----------------------------------------------N-----!'----.. Mr. Gary: Item 27, Mr. Mayor. Mr. Plummert Come onl Mr. Garcia -Pedrosa: He needs item 27; he really does. sl 181 5/24/84 �tF�3`� - IMS" NOW st�jdOYi�s r �r+ter re i iuin des k 3 D&Vkius �. discussion ... fc�r the bond ague bro,ur • Gary s This Was MrpluMmer s $15, 0807 dif authorised this ahead of time, when you is Arati�ica Mr + Gary: you . to do taut, and spend $15. 0P10• This rected me tion of your action. Mayor Ferret Call the roll' Commissioner The following resolution was introduced by plummer, who moved its adoption: RESOLUTION N0. 84-607 A RESOLUTION FIRMAT VE ANDNG APPROVING OF THE CITY FOUR -FIFTHS AFF COMMISSION T BID QUIREMENCTIONS OF THE CITY NTSAAND IN WAIVING COMPETITIVE IN AUTHORIZING THE EMERGENCY OF C AT A PRINTING AND COST NOT EXCEEDING $15,000, GRAPHIC ARTIST EROFICVOTER IN ORMATOON WITH FOR THE DISTRIBUTION THE MARCH 13, 1984 SPECIAL MUNICIPAL ELEC- TIONS. (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 - Commissioner Miller J. Dawkins AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ----�------------------- -----NMN--N-N-------NN ------ AND rlAItGARET A. pOYLE TO TOE 65. APPOINT ANGELA l�1. CtJLMER HERITAGE CONSERVATION BOA"' ------------------------------- ------------------------- -- Mr. Dawkins: We need the people for the Heritage Conserva- tion Board, Mr. Gary. Mayor Ferret Go ahead; who are they? Mr. Dawkins: I move Angela Culmer and Margaret Doyle. Mayor Ferret Dawkins moves- Plummer seconds; Perez thirds. Further discussion? Call t ;�k 182 5/24/84 77777 1 Tt Y FZ d n h l too r. T�1e f+�i_l�f�Sng 'resolution Was introduced ..by: r s RESOLUTION NO. �4-•6�d8 r A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF Mimi HERITAGE CONSERVATION BOARD. - (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 ssioner Jo MillerDawkins Comma PlununerJr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo . 66. REFER THE MI N.E. �TSI STREET (FROM N. E�2D�iD A�VEATITO�N TO co-DESIGNATE T©E BAY) AS "ALVAS CHAPMAN WAY"• ----------------------------------------- ------MMM--�--M Mayor Ferre: I would like to make a motion. This is seri- ous now. I'm sorry I forgot to do it before. I want to tell you, and it's late in the evening and all that; I mean to do it as a pocket item, but I had it and since there were so many people waiting. You know the chairperson of our bond campaign, Mr. Alvah Chapman ... he's the guy who was the chairperson before. He's very active in M.M.M.P. He was the chairperson for Miami Citizens Against Crime. He revi- talized the Chamber of Commerce. I think we need to do something to recognize Alvah Chapman's contribution to this community. I would like to move, Mr. Perez, that ... Mr. ager, the road in front of the Miami Herald that goes to Ve- netian Causeway in front of Jordan Marsh, what is that, 15th? The N.Eto thee• end oftthetcityom its beginning on lnd all ine be renamed AlvahChap- the way Chap- man Way. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: All right, I'll bring it up at the next Com- mission meeting. I move that it be referred to the Memo- rial Committee and let them and staff come back with a rec- ommendation. Call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 84-609 A MOTION REFERRING TO THEE MIAMI MEMORI- AL COMMITTEE FOR THEIR CONSIDERATION A RECOMMENDATION OF PROPOSAL TO CO -DESIG- NATE N.E. 15TH STREET (FROM ITS BEGIN- NING AT N.E. 2ND AVE. TO THE BAY) AS ,,ALVAH CHAPMAN WAY" IN RECOGNITION OF HIS CONTRIBUTIONS TO THIS COMMUNITY. al 183 5/24/84 ViU e up6h wing e666hba Lamla 'hit pasikad' the ad6pt6d by t'ne foilowLng vatel AY t colftieeioner Miller J. baw►king taftAissi6hisr J. L. Plummer, err. Vice -Mayor Demetrio J. pores, Jr. Mayor Maurice A. Ferre ; NOES t None. ASSENT: Commissioner Joe Carollo rrrrrrr.rr�.rrr�rrrrr rrrr rrr�rrwrrrrrrr rr.r.�rrrrrr.rrrrrrrrrr+�r�.ir 67. SECOND READING ORDINANCE; MW SEC 1 AND 6 OF ORD. 96" - PROVIDE FOR ALwcmiON OF $1,433 TO THE BURN UNIT AT JACKSON MEMORIAL HOSPITAL. Mr. Plummer: I move item 30. Mayor Ferre: Plummer moves 30. There is no second. It dies for lack of a second. Mr. Dawkins: Second it. . Mayor Ferre: Seconded; further discussion on Plummer's mon- ey to the hospital? Mr. Garcia -Pedrosa: It's an ordinance. No one seeks to be recognized. Mayor Ferre: Wait a moment. That's assuming a lot. Lazaro Albo wants to talk on this. Mr. Plummer: How in the hell does it take so much paperwork to get a $1,400 check to the Burn Unit? Mayor Ferre: Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 9684 ADOPTED SEPTEMBER 29, 1983, THE ANNUAL APPROPRIATIONS OR- DINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1984, BY INCREASING THE APPROPRIA- TIONS FOR THE GENERAL FUND, SPECIAL PRO- GRAMS AND ACCOUNTS, IN THE AMOUNT OF $1,433 AND BY INCREASING GENERAL FUND REVENUE, MISCELLANEOUS REVENUE IN A LIKE AMOUNT, TO PROVIDE FOR THE ALLOCATION OF SAID MONIES TO THE BURN UNIT AT JACKSON MEMORIAL HOSPITAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. sl 184 5/24/84 i tide at 'khe �eetin�. 4 Passed an its firet reading or its abdo� : �►nd ���� r ar �� �4i► WW1 takenj u on stibn of i ino by . �itio and adoption• iglu enar r aeoonded by CaMi8siOner tw ine the Ord � given its ee and and final reading by thereupon g +vot+a- esded and adopted by 'theoliowinr� AYES: Ccmiseionor Miller J• Dawkins Comissioner J• L. Plummer Jr• Vice=�MyuriceDiametric, �'erre pares• jr, Mayo NOESS None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 9847 a public The City Attorney read the ordinance into the record and announced that nnd to the public • copies to the mem- bere of the City Commission THBRE BEING NO FURTHER BUSINESS TO COME BEFORE THB CITY COMMISSION, THE HEWING WAS ADJOURNED AT 900 P•K- Maurice A. Ferre M A Y O R ATTEST: Ralph G. Ongie OF CITY CLERK Hatty Hirai ASSISTANT CITY CLERIC i � 1 °oa tE . � • ,4s ' d � CQ,�L 185 5/24/04 sl 11- 1- E Mi. ft DOCUMEW IDENTIFICATION APPROVING THE INSTALLATION OF DRIVE—IN FACILITIES AT TRADE NATIONAL BANK BUILDING, 468 NW 27th AVE. MIAMI, FL. EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THI CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CIT— IZENS TO THE FAMILY AND FRIENDS OF FRANK COSGROVE UPON HIS DEATH. AMENDING THE WORLD TRADE CENTER PROJECT DEVELOPMENT ORDER (RES. 82-463), TO EXTEND THE TIME FROM TWO YEARS TO THREE YEARS OF THE RECORDED DATE OF THE DEVELOPMENT ORDER. APPROVING A PROPOSED MODIFICATION IN THE MIAMI GENERAL EM— PLOYEES RETIREMENT PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLECTIVE BARGIANING AGREEMENT WITH, SANITATION EMPLOYEES ASSOC., AND THE MIAMI GENERAL EMPLOYEES/AFSCME 19( AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, BETWEEN THE CITY OF MIAMI AND BAYSIDE LIMITED PARTNERSHIP ON BEHALF OF ROUSE MIAMI,INC. FOR THE PLANNING AND DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A WATERFRONT SPECIA LTY CENTER TO BE KNOWN AS "BAYSIDE SPECIALTY CENTER," FURTH ER, DIRECTING THE CITY MANAGER TO OBTAIN TWO INDEPENDENT APPRAISALS OF SAID CONTRACT. CONCERNING THE 1221 BRICKELL AVENUE PROJECT, A DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY AMERISWISS ASSOCIATES; AUTHO RIZING A DEVELOPMENT ORDER; APPROVING SAID PROJECT WITH MOD. IFICATIONS AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI PLANNING AND ADVISORY BOARD, SUBJECT TO THE CONDI— TIONS OF THE DEVELOPMENT ORDER, THE APPLICATION FOR DEVE— LOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, MAKING FINDINGS; PROVIDING THAT THE PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; AND PROVIDING THAT THE DEVELOPMENT ORDER, AS APPROVED, IS CONTINGENT ON SUBSE— QUENT ISSUANCE OF A MAJOR USE SPECIAL PERMIT; FURTHER, DIR— ECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOL— UTION AND DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE DEVELOPER. APPROVING A PROPOSED ASSIGNMENT OF THE CITY'S BUS BENCH CONTRACT DTD. NOVEMBER 2, 1983, FROM BUS BENCH CO. TO EUGENE A. HANCOCK AND EUGENE A. HANCOCK, JR. AS ASSIGNEE. RETAINING THE LAW FIRM OF BROAD AND CASSELL TO SERVE AS LOCAL BOND CO —COUNSEL TO ASSIST THE FIRM OF BROIdN,Id00D,IV MITCHELL & PETTY WITH RESPECT TO THE SALE OF $30,200,000 GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI. COMMISSION RETRIEVAL. ACTION AND CODE NO® R-84-576 R-84-579 R-84-582 R-84-583 R-84-585 R-84-589 R-84-593 R-84-594 N mm 2»fPage 2. DOCUMENT IDENTIFICATION AUTHORIZING THE CHANGING OF THE COMPLETION DATE FOR THE CON R-84-596 STRUCTION CONTRACT BETWEEN THE CITY OF MIAMI, FL. AND BETTE CONSTRUCTION,INC. FOR THE CONSTRUCTION OF JOSE MARTI RIVER — FRONT PARK, PRASE II, TO SEPTEMBER 30, 1984;FURTI-IER WAIVING ANY AND ALL LIQUIDATED DAMAGES THAT MAY BE ASSESSABLE AGAIN ST BETTER CONSTRUCTION,INC., FOR LATE CONSTRUCTION OF JOSE MARTI RIVERFRONT PARK, PHASE I AS CONSIDERATION FOR THE CON TRACTOR'S ACCEPTANCE OF THE NEW ACCELERATED COMPLETION DATE FOR THE PHASE II PROJECT. ALLOCATING FUNDS TO COCONUT GROVE MARKETING,INC. REPRESENT— R-84-597 ING THE COST OF IN —KIND SERVICES TO BE PROVIDED IN CONNECT— ION WITH THE "TASTE OF THE GROVE FOOD FESTIVAL" TO BE HELD IN PEACOCK PARK ON JUNE 30 AND JULY 1, 1984; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAID FIRM. AUTHORIZING COCONUT GROVE MARKETING,IN COOPERATION WITH THE R-84-598 — MUSCULAR DYSTROPHY ASSOCIATION, LOVE 94 RADIO, AND THE PRO— DUCERS OF THE COCONUT GROVE BED RACE TO STAGE A "TASTE OF = THE GROVE FOOD FESTIVAL" IN PEACOCK PARK ON JULY 14 & 15, 1984; FURTHER AUTHORIZING A PERMIT FOR THE SALE OF BEER IN CONNECTION WITH SAID EVENT. AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACTUAL R-84-599 AGREEMENT WITH GEORGE ACTON,JR. FOR PROFESSIONAL CONSULTANT _ SERVICES IN THE PREPARATION OF THE TEXT OF THE SPECIAL PUB— LIC INTEREST (SPI) ZONING ORDINANCE FOR THE SOUTHEAST OVER— TOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, ALLOCATED FROM SOUTHEAST OVERTOWN/PARK WEST FUNDS. APPROVING THE FORM OF THE PRELIMINARY OFFICIAL STATEMENT PER R-84-600 TAINING TO $30,200,000 CITY OF MIAMI, FL., GENERAL OBLIGA— TION BONDS AND AUTHORIZING THE DISTRIBUTION OF THE PRELIMIN— ARY OFFICIAL STATEMENT TO PROSPECTIVE PURCHASERS OF SUCH BONDS AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE THE FINAL OFFICIAL STATEMENT PERTAINING TO SUCH BONDS. FIXING CERTAIN DETAILS CONCERNING $2,000,000 FIRE FIGHTING, R-84-601 FIRE PREVENTION AND RESCUE FACILITIES BONDS, $18,100,000 HOUSING BONDS, $3,000,000 STORM SEWER IMPROVEMENT BONDS AND $7,100,000 STREET AND HIGHWAY IMPROVEMENT BONDS, OF THE CITY — OF MIAMI, FL., AND DIRECTING PUBLICATION OF NOTICE OF SALE OF SAID BONDS. AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF R-84-602 MIAMI, FL. AND RUSSELL, INC. FOR THE COMPLETION OF CITY WIDE PAVING PROJECT -- S.W. 27th AVENUE AND N.W. NORTH RIVER DR., SAID AMOUNT TO BE PROVIDED FROM THE ACCOUNT ENTITLED CITY WIDE PAVING IMPROVEMENTS. - ALLOCATING FUNDS NOT TO EXCEED $10,000 IN SUPPORT OF PHASE I R-84-603 — OF THE STUDY OF DOUBLE TAXATION IN DADE COUNTY PRESENTLY BE— _ ING CONDUCTED BY THE CITY OF CORAL GABLES, FL., FURTHER AUTH ORIZING THE CITY MANAGER TO MAKE EXPENDITURES OF THE AFORE— SAID SUM ON THE BASIS OF THE CITY'S PROPORTIONATE SHARE OF THE COST OF SUCH STUDY. AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SER— R-84-604 VICE AGREEMENT WITH WARREN L. BRAUN,P.E., CONSULTING ENGINEEI IN CONNECTION WITH CABLE COIIIIUNICATIONS AGENCY'S REV] Eta' . Q uN T' Page 3. DocumENT IDENTIFICATION AUTHORIZING THE CITY PIANAGER TO EXTEND THE PROFESSIONAL SERVICE AGREEMENT WITH LAW FIRM OF ARNOLD AND PORTER, IN CONNECTION WITH SERVICES IN CONJUNCTION WITH REPRESENTATION RELATING TO THE CABLE TELEVISION LICENSE FEE WAIVER PETITI01 PENDING BEFORE THE FEDERAL COMMUNICATIONS COMMISSION ON BE- HALF OF THE CITY OF MIAMI, AND FOR OTHER LEGAL SERVICES THAT MAY BE REQUIRED IN CONJUNCTION I4ITH THE CITY'S CABLE TELEVISION LICENSE ORDINANCE. AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY TO STEVEN EUGENE $20,000 AND TO DONNA MICHAELSON, HIS ATTORNEY THE SUM OF $5,000 FOR STATUTORY ATTORNEY FEES AND COST, IN FULL AND COMPLETE SETTLEMENT OF ALL WORKERS' COMPENSATION CLAIMS OR DEMANDS AGAINST THE CITY OF MIAMI UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. RATIFYING AND APPROVING BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE CITY COMMISSION THE ACTIONS OF THE CITY MANAGER IN WAIVING COMPETITIVE BID REQUIREMENTS AND IN AUTHORIZING THE EMERGENCY PURCHASE, OF PRINTING AND GRAPHIC ARTIST SERVICES IN CONNECTION WITH THE DISTRIBUTION OF VOTER INFORMATION FO THE MARCH 1.3, 1984 SPECIAL MUNICIPAL ELECTIONS. APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI HERITAG CONSERVATION BOARD. R-84-•605 R-84-606 R-84-607 R-84-608