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Home My WebLink AboutCC 1983-12-15 MinuteskimWAV, '....r _ 1 CITY OF Ml Ml � IOCORa ONIT[� �t is OQ COMMISSION MINUTES OF MEETING HELD ON December 15, 1983 REGULAR (PLANNING 6 ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK 0 0 !1 � ITEM NO. REGULAR IUCT DECEMBER 15, 1983 1 CONFIRM SUPPORT OF THE CITY COMMISSION OF THE REPORTS OF THE NATIONAL SPORTS FEXTIVAL OF SOUTH FLORIDA TO HOST UNITED STATES OLYMPIC COMMITTE'S NATIONAL SPORTS FESTIVAL IN JULY 1985, 1986 OR 1987. 2 AUTHORIZE AND DIRECT CITY MANAGER TO IMPLEMENT STEP #1 IN HOUSE REPAIR AND RESTORATION ON THE OLD RIVERWALK, TO CONNECT THE DUPONT PLAZA AREA WITH THE KNIGHT CONVENTION CENTER AREA. 3 DISCUSSION ITEM REGARDING APPROVAL OF FUNDS FOR THE REMAINDER OWED FOR THE WATER BORNE TRANSPORTATION STUDY. EXTEND USE BY RESTAURANTS IN THE AREA DELINEATED FOR THE USE OF THE PUBLIC RIGHT-OF-WAY FOR TABLES AND CHAIRS IN CONNECTION WITH THE EXISTING RESTAURANTS. 5 DISCUSSION ITEM: DOWNTOWN PROMOTIONAL CAMPAIGN RESCHEDULE FOR JANUARY 12, 1984 MEETING. 6 WAIVE TIME LIMITATIONS FOR FIREWORKS DISPLAY -ORANGE BOWL STADIUM JANUARY 2, 1984. 7 WAIVE TIME LIMITATIONS FOR FIREWORKS DISPLAY -ORANGE BOWL STADIUM JANUARY 2, 1984 8 BRIEF DISCUSSION ITEM BY COMMISSIONER PEREZ OF POSSIBLE CHRISTMAS BONUS TO BE GRANTED TO ALL FULL TIME CITY EMPLOYEES. 9 EXTEND SAME CONDITIONS REGARDING USE OF PUBLIC RIGHTS -OF - WAY FOR TABLE AND CHAIRS BY EXISTING RESTAURANTS TO THE COCONUT GROVE AREA. 10 INSTRUCT CITY MANAGER TO SELL SURPLUS BICYCLES FOR ONE DOLLAR TO THE U.S. MARINES CORPS FOR THEIR TOYS FOR TOTS PROGRAM TO BENEFIT UNDERPRIVILEDGED CHILDREN. 11 DISCUSSION ITEM: ANNOUNCEMENT BY COMMISSIONER DAWKINS OF HIS INTENTIONS TO RELINQUISH THE TITLE OF VICE -MAYOR FOR THIS YEAR. TO BE DISCUSSED LATER IN THE DAY. 12 CONDEMNING THE UNFAIR CHARACTERIZATIONS OF HAITIANS AS CARRIERS OF A.I.D.S. 13 PERSONAL APPEARANCE. MR. GENE AUTREY, UNITED WAY: DIRECT CITY MANAGER TO ALLOCATE $15,000 AS A CORPORATE GIFT TO THE UNITED WAY TO AID THEM WITH THEIR "HELP THEM TO LIVE" PROGRAM. 14 DISCUSSION ITEM. FUTURE TOWN HALL MEETING IN THE EDISON LITTLE RIVER AREA. 15 PERSONAL APPEARANCE-AIDA LEVITAN REGARDING A PROGRAM TO BRING NEWSPAPER REPORTERS HERE. REFERRED TO THE CITY MANAGER. 16 DISCUSSION OF EMPLOYEES ELECTIONS AND PERSONAL APPEARANCE A.G. SHERMAN AND DON TEEMS. 16. INMACULADA LA SALLE HIGH SCHOOL RECOGNITION. PA GE It 1 RESauLUTIol��o� PAGE NO, R-83-1155 1 1-2 M-83-1156 1 2-4 DISCUSSION 1 4 M-83-1157 1 4-6 DISCUSSION 1 6 R-83-1158 1 6-8 R-83-1159 1 912 DISCUSSION 1 13 M-83-1160 1 13-14 M-83-1161 1 14 DISCUSSION 1 15 R-83-1162 1 15-16 M-83-1163 1 16-19 DISCUSSION 1 19-20 DISCUSSION 1 20 ISCUSSION 1 20-25 ISCUSSION 25 I? C149SWCff &%F, &DA PAGE # 2 NO. REGULAR SUCT DECEMBER 15, 1983 QR l wCE OR t sounJON NO, PAGE NO, 11 FORMAL PRESENTATION OF TWO BIDDERS FOR THE PLANNING, DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF THE SPECIALTY CENTER TO BE KNOWN AS "BAYSIDE", DISCUSSION AND TEMPORARY DEFERRAL. DISCUSSION 26-39 18 PLAQUES, PROCLAMATIONS, SPECIAL ITEMS., DISCUSSION 40 19 CONTINUATION OF SELECTION IN RANK ORDER OF A FIRM FOR THE PLANNING, DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A SPECIALTY CENTER TO BE KNOWN AS "BAYSIDE". THE ROUSE FIRM WAS THE SUCCESSFUL BIDEER. R-83-1164 40-59 20 SECOND READING ORDINANCE. CHANG E ZONING CLASSIFICATION 3001-3009 N.W. 19TH AVENUE FROM RG-2/4 TO RG-2/6. ORD. 9763 59-60 APPROVE DESIGNATION OF CERTAIN DEVELOPMENT GROUPS AS PROJECT SPONSORS FOR THE AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. R-83-1165 60-81 22 ALLOCATE $2,300 TO MIAMI-DADE TOURIST AUTHORITY. M-83-1166 80-81 23 CONTINUED DISCUSSION OF THE NAMING OF A NEW VICE -MAYOR COMMISSIONER PLUMMER INVOKES 5-DAY RULE (SEE LATER SAME MEETING FOR RESOLUTION OF THIS MATTER.) DISCUSSION 81-82 24 CHANGE ZONING CLASSIFICATION PROPERTY BOUNDED BY I-95 EXPRESSWAY, S.W. 15 ROAD, S.W. 17 ROAD, & S.W. 2 COURT FROM RS-2/2 AND RG-2/5 TO CR-2/7 (AT THIS POINT THIS MATTER WAS DISCUSSED AND TEMPORARILY DEFERRED, SEE LATER SAME MEETING.) DISCUSSION 82-86 25 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 5040 N.W. 7 STREET FROM RG-3/6 AND RG-1/3 TO CR-2/7. FIRST 86-92 READING 26 1 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION PROPERTY BOUNDED BY I-95. EXPRESSWAY, S.W. 15TH ROAD, S.W. 17TH ROAD AND S.W. 2ND COURT FROM RS-2/2 AND RG-2/5 TO CR-2/7. I ORD. 9764 92-93 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 3571-3601 S.W. 37 AVENUE, 3666-3698 FRANKLYN AVENUE AND APPROXIMATELY 3621-3695 MARLER AVENUE FROM RS- 2/2 TO PD-H. FIRST 93-94 READING 28 EMERGENCY ORDINANCE. AMENDING ANNUAL APPROPRIATIONNS ORDINANCE INCREASE APPROPRIATIONS TO THE OFFICE OF INTERNAL AUDIT FOR FUNDING AN ADDITIONAL STAFF AUDITOR SENIOR POSITION. I ORD. 9765 95 29 APPOINT COMMISSIONER DEMETRIO PEREZ JR. AS VICE -MAYOR OF THE CITY OF MIAMI FOR A TERM TO EXPIRE IN NOVEMBER 1984. 1 M-83-1167 96 30 1 SECOND READING ORDINANCE. AMEND ANNUAL APPROPRIATIONS ORDINANCE. INCREASE APPROPRIATION TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PARTIALLY FUNDING AN ASSISTANT DIRECTOR POSITION. I ORD. 9766 96-97 iR�d1 j MODA C1419S ff" PAGE # 3 :TEM N0. KE INANI PAGE NO. DECEMBER 15, 1983 so REGULAR 31 INCREASE SCOPE OF THE EXISTING AUDIT CONTRACT WITH E.P. LACONIS IN THE AMOUNT OF $55,000. R-83-1168 97 32 ALLOCATE $14,300. TO COVER NECESSARY EXPENSES INCURRED BY THE OVERTOWN BLUE RIBBON COMMITTEE. R-83-1169 98 33 SECOND READING ORDINANCE. REPEAL SECTION 62-50 OF CHAPTER 62 "ZONING AND PLANNING" OF THE CODE REMOVING ALL LIMITATIONS ON LENGTH OF SERVICE THAT MAY BE PERFORMED BY INDIVIDUALS APPOINTED AS MEMBERS OR ALTERNATE MEMBERS OF CITY PLANNING ADVISORY BOARD AND CITY ZONING BOARD. ORD. 9767 99 34 ALLOCATE $98,000 1/12TH FUNDING FOR PERIOD JANUARY 1, 1984 THROUGH JANUARY 31, 1984, FOR PREVIOUSLY FUNDED SOCIAL SERVICE PROGRAMS. R-83-1170 100-101 35 MOTION REFERRING A PROPOSED SECOND READING ORDINANCE SPECIAL PUBLIC INTEREST DISTRICTS SECTION 1570-BRICKELL MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL, ETC., OUT THEIR PROBLEMS, RESCHEDULE FOR FEBRUARY 23, 1984. M-83-1171 102 36 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 955 N.W. 3 STREET FROM RG-2/5 TO RG-3/5. FIRST READING 103 37 OFFICIAL VACATION AND CLOSURE OF N.E. 52 STREET AS FURTHEI DEFINED IN TENTATIVE PLAT #1205-A, DOUGLAS GARDENS, MIAMI JEWISH HOME FOR THE AGED, PORTIONS OF N.E. 52 TERRACE, N.E. 1 AVE. N.E. 52 ST. AND N.E. 1 CT. R-83-1172 103-105 38 SECOND READING ORDINANCE. ORDINANCE 9500 TEXT CHANGE BY AMENDING ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, SUBSECTION 2003.6, ETC. ORD. 9768 105-107 39 SECOND READING ORDINANCE. AMEND CHAPTER 17 "ENVIROMENTAL PRESERVATION" OF THE MIAMI CITY CODE. ORD. 9769 107 40 REFER A PROPOSED SECOND READING ORDINANCE CONCERNING ZONING CHANGE REQUEST 185 S.E. 14 TERR. 6 200 S.E. 14 ST. TO THE ZONING BOARD IN ORDER THAT A PUBLIC HEARING MAY BE HELD. THE MATTER TO BE REST FOR THE CITY COMMIS- SION MEETING OF JANUARY 26, 1984. M-83-1173 108-112 41 CONTINUE PROPOSED AMENDMENTS TO THE ZONING TEXT, ARTICLE 5, PLANNED DEVELOPMENT DISTRICTS, GENERALLY. DISCUSSION 112 42 ACCEPT THE TRAFFIC REPORT PRESENTED BY ThE CITY i=&.GER RELATING TO TRAFFIC PROBLEMS AND TEMPORK"Ll' SOLUTIONS IN THE DOWNTOWN AREA. -83-1174 113 43 ALLOCATE $3,000 TO THE COCONUT GROVE CHILDREN'S THEATRE IN CONNECTION WITH THE PROJECTED PRESENTATION OF A HOLIDAY PLAY. 83-1175 113-114 0 0 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 15th day of December, 1983, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:10 A.M., by Vice -Mayor Dawkins the following members of the Commission found to be present: Commissioner J. L. Planer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo * Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre ** *arrived 9:30 A.M. ALSO PRESENT: **arrived 9:15 A.M. Howard V. Gary, City Manager Jose R. Garcia Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mr. George Knox who then led those present in a pledge of allegiance to the flag. 1. CONFIRM SUPPORT OF THE CITY COMMISSION OF THE EFFORTS OF THE NATIONAL SPORTS FESTIVAL OF SOUTH FLORIDA TO HOST UNITED STATES OLYMPIC COMMITTEE'S NATIONAL SPORTS FESTIVAL IN JULY 1985, 1986, or 1987. Mr. Plummer: The first pocket item that I offer, I, at the request of this Commission met yesterday with Mr. Gary and the people... Ron, where is Ron? ... here he is! There is a great possibility that this City could be blessed with bringing the National Sports Festival to this community in 1985. What this, in fact is, is the United States competition for the team to be representing the United States in the World Olympics. There is a possibility of some 7,500 athletes com- ing to this community for a period of 10 consecutive days of 33 different sports. Needless to say, this costs money. They would like to be making their presentation in conjunction with Dade County, the City of Miami, the City of Miami Beach, Broward County, the University of Miami, who are all participating in this endeavor. The most sizable chunk of dollars to be involved on the City's behalf, are those dollars relating to housing and to facilities. A great deal of the City of Miami facilities, such as the Knight Center, the Din- ner Key Auditorium, will be used for the sports. Before you in your supplemental package, with Item Number 5, is a resolution of principle, supporting this endeavor in principle, as I say. There will be another meeting and forthcoming to this Commission, of more definitive dollars. I think I speak for those who met yesterday, Mr. Odio, Mr. Gary, and myself, that we are supportive of this. We, of course, made no com- mitment, even on behalf of this Commission, until the final dollars, are forthcoming. Mr. Mayor, if it is in order, I think all of you have had - it is Number 5 in your supplemental, Mr. Mayor. I would offer such a resolution approving and confirming by a four/fifths affirmative vote of the members of the City Commission to support the efforts of the National Sports Festival of South Florida, a non-profit organization, in connection with hosting the United States Olympic 131 DEC 151983 0 0 Committee National Sports Festival in July of 1985, 1986, or 1987. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Second by Dawkins. Further discussion? Call the roll. The followinq resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1155 A RESOLUTION APPROVING AND CONFIRMING, BY A 4/5TH AF- FIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION TO SUPPORT THE EFFORT OF THE NATIONAL SPORTS FESTIVAL OF SOUTH FLORIDA, A NON-PROFIT ORGANIZATION, IN CON- NECTION WITH HOSTING THE UNITED STATES OLYMPIC COM- MITTEE'S NATIONAL SPORTS FESTIVAL IN JULY 1985, 1986 OR 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the followinq vote: AYES: Commissioner Demetrio Perez, Jr. Commissineer J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mavor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 2. AUTHORIZE AND DIRECT CITY MANAGER TO IMPLEMENT STEP #1 IN HOUSE REPAIR AND RESTORATION ON THE OLD RIVERWALK, TO CONNECT THE DUPONT PLAZA AREA WITH THE KNIGHT CONVENTION CENTER AREA. Mr. Plummer: The next pocket item I have Mr. Mayor, is that in rela- tion to Mr. Skippy Sheppard, on last week's agenda, I had asked for, and we did not get to, Item "D", which was a discussion of the results of the study concerning the Dupont Plaza Baywalk-Riverwalk. Mr. Skippy Sheppard is here and I would ask if the Administration is prepared to speak to this issue. Mr. Gary: Yes, Commissioner Plummer, Mr. Kern will speak to this matter. Mr. Plummer: Mainly, Mr. Kern, if you would, is to any action needed to be taken by this Commission. Mr. Carl Kern: Yes, sir. Carl Kern, Director of Parks and Recreation. Very briefly, what we have is the City of Miami Convention Center, the Brickell Avenue bridge, Dupont Plaza. This area in yellow and orange was the old walkway that was constructed in the mid -seventies along the edge of the Brickell Avenue bridge, along the Dupont Plaza property and it came under the bridge through here. As you know, this used to continue along through here, but when the Convention Center was con- structed, the walkway was closed off and sealed off. I will show you another picture of what I am talking about. In summary, looking at the bridge in sections, the old walkway used to come through here. J2 DEC 151983 Mr. Kerns (con't) Basically what we are recommending, now that the Convention Center obviously is open and operational. we would like to re-establish the connection frr:n this property to the Con- vention Center, so there would be pedestrian access underneath the bridge. We are proposing to do this in two stages. Stage I, would be to take down the chain link fences and the gates which block this access off, refurbish and renovate the old walkway, and put a small connecting piece into the Riverwalk. This could be done with in-house forces on a very short period of time, and we would only spend money for actual things that we had to buy to do this work in the range of $25,000 to $30,000. That would include fixing the lights, reland- scaping, doing some repaving where the paving is broken. That would bet two to three weeks to implement that in-house. Concurrent with that, we are recommending that we go ahead and design and go out to bid on Step 2, which would be a basically a continuation of Riverwalk, which would run underneath the Brickell Avenue bridge and connect directly to the Dupont Plaza property. That would take two to three months because we had the designer go out to bids. That could run up to $50,000. So, in summary, our proposal is to go ahead, reconnect the old walkway so that there is immediate access from the Dupont Plaza, concurrently, go ahead, go out to bid and design on the ex- tension of Riverwalk. Mr. Plummer: Mr. Mayor, if it is in order, I would like to move the first step be implemented immediately and allow them to start the time running on the second step, but do the first one in-house immediate- ly. I so move. Mayor Ferre: How much is that going to cost? Mr. Plummer: $25,000. Mr. Kern: Approximately $25,000 to $30,000. Mr. Dawkins: There is a second, and Mr. Mayor, I will second it if Mr. Plummer will put a time frame on getting this completed, because I have found that (I've got a park across the street from me) ... I keep asking when are you people going to complete it and I keep get- ting a date, and that date comes and goes and the park is not com- pleted. The park cannot be used. On Christmas Day the park is full of people on the skating rink, and now they tell me that it will be completed on the 23rd, which I doubt seriously, after looking across the street. I would like, if the maker of the motion will put in a time frame to get this completed, I will second it. Mr. Plummer: Time frame is February 1st. Mr. Dawkins: I second it. Mr. Plummer: That is step one of in-house. Mayor Ferre: Further discussion on the item? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1156 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMMEDIATELY IMPLEMENT STEP NO. 1 AS OUTLINED IN MEMORANDUM FROM CARL KERN TO THE CITY MANAGER DATED DECEMBER 7, 1983 REGARDING THE MIAMI RIVERWALK EXTENSION: NAMELY, TO IMPLE- MENT THE IN-HOUSE REPAIR AND RECONSTRUCTION OF THE OLD WALK- WAY UNDER THE BRIDGE, TO REPAIR LIGHTS, AND TO RELANDSCAPE SAID PORTION, TO ADD SMALL SEGMENT OF WALKWAY TO CONNECT OLD WALKWAY TO RIVERWALK, SAID WORK TO BE ACCOMPLISHED BY FEB- RUARY 1, 1984; AND FURTHER STIPULATING THAT STEP #2 BE INITIATED. Upon being seconded by Commissioner Dawkins, and adopted by the following vote: 33 the motion was passed DEC 15 1983 0 AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer. Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 3. DISCUSSION ITEM REGARDING APPROVAL OF FUNDS FOR THE REMAINDER OWED FOR THE WATER BORNE TRANSPORTATION STUDY. ------------------------------------------------------------------- Mr. Plummer: Mr. Mayor, I have a copy of a bill from Post, Buckley, Schuh and Jernigan, Inc. which is the remaining balance to be paid on the Water -borne Transportation Study, which we agreed to. I will make a motion that this amount of $2,285 be approved. Mayor Ferre: Mr. Manager, your comments on the record? Mr. Gary: I think I already have authorization to do this, and I will review the bill. Mayor Ferre: This is the bill for what? Mr. Plummer: That Water -borne Transportation Study by Sorg that was approved by the Commission. Mr. Gary: The City Commission approved this. Mayor Ferre: Why is he coming through you? Mr. Plummer: He didn't get the Administration to pay. Mayor Ferre: All right, do you need a motion on this? Mr. Gary: No. 4. EXTEND USE BY RESTAURANTS IN THE AREA DELINEATED FOR THE USE OF THE PUBLIC RIGHT-OF-WAY FOR TABLES AND CHAIRS IN CONNECTION WITH THE EXISTING RESTAURANTS. Mr. Plummer: The final pocket item that I have is a request from the downtown merchants. Mr. Mayor, you recall that we allowed them to have a 30 day trial basis for the purposes of tables and chairs out on the walkway, with all of the protections built in of the insurance, and hold- ing the City harmless and that they did not cause any disruption. They thought it was so successful they continued it through the Christmas time and the City very quickly reminded them that the 30 days was up. I think this was a good thing for the City, the downtown, and they are asking now, that immediate implementation for an additional 90 days. If none of the Departments have any objections, Mr. Mayor, I would so move that another... Mayor Ferre: I will accept that as a motion, but I want to make sure on the record - Mr. Gary, through you, or through the Chief that we have no problems with the Police Department on this. These are downtown merchants wanting to extend their 90 days using sidewalks so they can have cafes. Mr. Gary: Mr. Mayor, I have no problem with the extension until we do a study to answer those questions the City Commission wants to ask under this trial period. Secondly, we have a couple of restaurants that are in severe violation of the setback and we will enforce that and I want everybody downtown to understand that we will. 34 DEC 15 1983 Mr. Plummer: I move the item, Mr. Mayor, under the terms and condi- tions set forth by the Manager. Mr. Perez: On the basis of a one month trial? Mr. Plummer: No, 90 days. Mayor Ferre: This is a 90 day extension. They have to come back in 90 days. Mr. Plummer: This was the original ordinance which gave 30 days. Mr. Gary: Mr. Mayor, I would ask that we do not give a 90 day exten- sion - that we give them an extension until after the the first of the year which is January 2nd, because there are some big concerns, not only in terms of setbacks, but in terms of liabilities that have to be addressed, and because I have not gotten the detailed informa- tion, I think it would be in the best interests of the citizens just to extend it to January 2nd. Mayor Ferre: Do you want to do that? Mr. Plummer: Mr. Gary, I appreciate your comments. I will tell you, I will compromise with you. It is a mean man that won't compromise. I would grant the extension until such time as your final report is completed. Mayor Ferre: But, to be no later than 60 days. Mr. Plummer: Fine. Mr. Dawkins: Second, 60 days, is that what he said? Mayor Ferre: In other words, what he is saying is, at the completion of your report, but no later than 60 days. Is that all right? Mr. Plummer: Fine. Mayor Ferre: All right, there is a motion and a second. Howard, do you have any problem with that? If you do, speak out. If you want 90 days, or what? Mr. Dawkins: He doesn't have votes for 90 days. It is either going to be a tie or nothing! Mr. Gary: Mr. Mayor, I would prefer that until the first meeting of January. Mayor Ferre: All right, is there further discussion on the motion as made? So by the time your report is finished, or at the maximum of 60 days. Mr. Plummer: Right. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1157 A MOTION EXTENDING THE USE OF PUBLIC RIGHTS -OF -WAY IN AN AREA BOUNDED BY BISCAYNE BOULEVARD, RIVERDRIVE, NORTHWEST 57H STREET AND THE MIAMI RIVER BY RESTAURANTS IN THE AREA, RESTRICTING SAID USE SOLELY FOR THE SERV- ING OF FOODS IN CONJUNCTION WITH THE OPERATION OF THE SUBJECT RESTAURANTS, AS FURTHER OUTLINED IN R-83-1071, PASSED AND ADOPTED ON DZ,:; MbE�- 15, 1981. D5 ld DEC 151983 9 Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 5. DISCUSSION ITEM - DOWNTOWN PROMOTIONAL CAMPAIGN RESCHEDULE FOR JANUARY 12, 1984 MEETING. Mr. Plummer: Mr. Mayor, the other thing I have is not to be brought up as a pocket item. Mr. Gary, we had spoken before with the downtown mer- chants about a promotional campaign. I have asked them to please for- ward that proposal to you, and if you would sir, please schedule it for the first meeting in January. 6. WAIVE TIME LIMITATIONS FOR FIREWORKS DISPLAY - ORANGE BOWL STADIUM JANUARY 2, 1984. Mr. Plummer: Mr. Mayor, I have one other item - it is not really my item, but it is my item. Mr. Mayor, I was approached this morning by Steve and by Dan who want to bring up about the Orange Bowl. They need an approval for the fireworks and they have another comment they would like to make, and they would like to be recognized. Mayor Ferre: All right, and I have a comment I want to make. Yes, sir. The Chair recognizes you. Mr. Dan MacNamara: Gentlemen, when you passed the ordinance on fire- works, we did not take under consideration that the Orange Bowl game would not be played on January 1st, which was an exempt date, and also the great bands on the 30th of December, which is not exempt. We have a small fireworks tag that we put on at the end of that show that we would like to get approval for. Mayor Ferre: Mr. MacNamara, let me ask you a question. How many seats were you finally able to get into the stadium. I know you tried to get more seats. Mr. MacNamara: We were not successful, Mayor. We tried. Mayor Ferre: How many seats do we have officially? Mr. MacNamara: We have approximately 75,000. Mayor Ferre: 75,000. Let me ask you a question. The congressman from the 15th Congressional District - his name is Larry Smith. Mr. MacNamara: That is .taken care of. You owe me a phone call. I've been trying to call you while you were out of town. Mayor Ferre: Okay, I just want to make sure - please understand, and I want to say this for the public record - as you know, the Mayor and 36 DEC 15 1983 ld 0 the members of the Commission get I've got 110, 120, whatever it is 500 ... so many seats. I forget whether that we get. I have had about Mr. Plummer: Excuse me, please clarify the record - we get the opportunity to buy! Mayor Ferre: To buy. We get the opportunity to buy 120. Mr. Plummer: Please put that on the record. Mayor Ferre: Well, there are about 500 people who are somewhat up- set at me, because I have been unable to get them their tickets, which is fine, and that is part of life, and what have you. The only thing that I do want to make absolutely certain, Dan, is that no elected congressman, senator, or member of the cabinet, or people whom this City depends on all the time for favors is unattended in their rea- sonable request.If Congressman Smith asked for 100 tickets. There is nothing we can do about that, but certainly his request for 6 tickets is important to you, as well as it is to me. Mr. MacNamara: That was taken care of, and he tried to reach you, but you were out of town. You will find that you have messages there on that. Mayor Ferre: Mr. Manager, I submitted to you a list of things through my office, and J. L. had his list, and people had been calling, Mr. Manager, for seats in the Orange Bowl - I am talking about elected officials. Have we taken care of all those requests? You know, I don't want, next year, when the City of Miami goes up for additional monies of some sort and some project which is essential to the City for some senator to tell me "Yes, well okay, next year, when the Orange Bowl comes around, you give me 4 tickets and I might listen to you a little bit". You might think that that would be awfully petty of an elected official. I want to tell you that there are an awful lot of petty elected officlals, and they don't forget. Mr. Gary: Mr. Mayor, we have taken care of some. I can't give you the space report, but I am working with Mr. MacNamara to adjust and solve those problems. Mr. MacNamara: Most of those people, Mr. Ferre, do get in touch with us during the year and are taken care of in normal routine. Very rarely does someone come along late like Mr. Smith and we have a problem. We do like to sell out you know, and you can't do that at the last minute. Mayor Ferre: as far as I am concerned, Mr. Smith can have my tickets. That is how important I consider it for this community, and just so you understand how I am approaching this, I personally am not going to the game and I will be in town, not because I don't want to go to the game, but because I don't want those 500 people that are upset that they didn't get their tickets to say that I got mine, and went and they didn't, but the one thing that I really would be upset with is that a member of congress, or somebody that serves this community calls me in the future to complain that he tried and wasn't able to go the game, and while we are on the subject - I see Rick Sisser, who is our lobbyist here. The list that we had, has that all been taken care of? ... all those senators and legislators - George Fire- stone? He wasn't on the list? All right. Mr. Plummer: Mr. Macnamara, on the subject of fireworks, what time of the evening will that be? Mr. MacNamara: The ordinance takes care of New Year's Eve, the 31st. The 3Oth of December, will be at the end of the great band show, which will be somewhere between 9:30 and 10:00 o'clock. Mr. Plummer: You have two requests, or one? Mr. MacNamara: Yes, the Orange Bowl game, which is January 2nd this year. 0'7 Id DEC 15 1963 0 r Mr. Plummer: And that will be at half time? Mr. MacNamara: Yes. Mr. Plummer: All right, Mr. Gary? Mr. Gary: Items 6 and 7. Mr. Plummer: You have that on? Mr. Gary: The supplemental. Mr. Plummer: For approval? Mr. Gary: Yes. Mr. Plummer: Mr. Mayor, I move Item 6 and 7 on the supplemental agenda. Mr. Manager, do we need to take care of Latin Fiesta by The Bay for approval? Mr. Gary: No, that is part of the ordinance. Mr. MacNamara: It provides for the 31st and the 1st. Am I correct? Mr. Plummer: Okay, I move Item 6 and 7. Mayor Ferre: (MAYOR FERRE READS SESOLUTION INTO THE RECORD) Moved by Plummer. Is there a second? Mr. Perez: Second. Mayor Ferre: Second by Perez. Further discussion? Mr. Dawkins: Under discussion - no, I will wait until after the vote to discuss it. Go ahead. Mayor Ferre: Are you ready to vote? Call the roll. This is separate. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1158 A RESOLUTION WAITIVING THE TIME LIMITATION FOR FIRE- WORKS DISPLAY AT THE ORANGE BOWL STADIUM ON DECEMBER 30, 1983, TO PERMIT A DISPLAY OF FIREWORKS WITH DUE REGARD FOR THE SAFETY AND PROTECTION OF LIFE AND PROPERTY NOT TO EXCEED 30 MINUTES IN LENGTH, AND NOT TO EXTEND BDYOND 12:00 MIDNIGHT ON SAID DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: None ld DEC 15 1983 0 C ------------------------------------------------------------------ 7. WAIVE TIME LIMITATIONS FOR FIREWORKS DISPLAY - ORANGE BOWL STADIUM JANUARY 2, 1984. Mayor Ferre: We are now on Agenda Item 7. Mr. Plummer: Moved. Mayor Ferre: Plummer moves. Is there a second? Mr. Perez: Second. Mayor Ferre: Perez seconds. This is on the supplemental. It says the same thing, except the date is January 2nd. Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1159 A RESOLUTION WAIVING THE TIME LIMITATION FOR FIRE- WORKS DISPLAY AT THE ORANGE BOWL STADIUM ON JANUARY 2, 1984, TO PERMIT A DISPLAY OF FIREWORKS WITH DUE REGARD FOR THE SAFETY AND PROTECTION OF LIFE AND PROPERTY NOT TO EXCEED 30 MINUTES IN LENGTH AND NOT TO EXTEND BEYOND 12:00 MIDNIGHT ON SAID DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Desmtrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins - Mayor Maurice A. Ferre NOES: None ABSENT: None Mr. Plummer: Mr. Lynch wanted to be recognized? Mr. MacNamara: Mr. Ferre, I do hope you can change your mind and find a way to come to the game. It is going to be a great celebra- tion, and our president, Steve Lynch is here, and we would like to have just a couple of minutes of your time, if we may, for the good part. Mr. Dawkins: Mr. MacNamara, before you leave sir, I am going to come this year, but I assure you that if the Orange Bowl Committee does not change the ethnic makeup of its Selection Committee, I not only will not be at your next game, I will outside picketing. Mayor Ferre: All right, sir. Mr. Lynch: Let me give you all a rundown on 50th anniversary cele- bration and some of the events we have, and while I am doing it, if Dan MacNamara wouldn't mind, we have published a book on the 50 years of Orange Bowl, and we have a press guide which was distributed this year that I would like to make a gift to each one of the Commissioners. Hope you will enjoy it. As you know, this is our 50th anniversary game, and the University of Miami is in it. They were in our 1st game, and that is a very exciting turn of events for us and certainly 09 DEC 15 1983 4 t for the University of Miami and I know the whole community is very excited about having the university of Miami Hurricanes in the game this year. The game this year will be televised not only on national television, but in 17 foreign countries. I think that is something that you may not have been aware of, but which carries the message about this community around this hemisphere and other parts of the world, including England and Japan, Canada, and many countries in South America. The parade will be on national tele- vision again this year for one hour of prime time from 8:00 to 9:00 o'clock. That too, will be televised internationally to 10 foreign countries. We think that the parade will be in an especially signi- ficant telecast this year. It is going to be produced by Don Alt- meyer Productions, which is a very fine outfit. Don Altmeyer just won four Emmys this past year for entertainment productions, and I think that that will enhance the parade. Jackie Gleason is going to be our Parade Marshall and Joe Grazaola and Leslie Uggams will be doing the broadcasting, and we are very excited about having hundreds of thousands over there on the streets of downtown Miami on New Year's Eve and having the entire nation see that kind of excitement coming from the City of Miami that night. A marathon is a great race involving 3,000 runners, and that race will finish right here at City Hall, which is going to be a very exciting event on the lst weekend of January. We have a lot of promotion that is going on around the country that is enhancing this area. Eastern Airlines has a preview of the festival in all their in-flight movies, which reaches 650,000 people around the country. Our queen has been on the Today Show. Our head couches and star players have been on the Today Show. Don Altmeyer is also doing a one-half hour television special that will be shown around the country in the one-half hour preceding our parade. That will be a look back at the 50 years of Orange Bowl and a look ahead of this year's game. We think that will significantly enhance the tourist promotion for this area. He has film crews al- ready in this community, going around and shooting scenes throughout the community that we hope will be telecast to the nation and perhaps around the world. Our basketball tournament is the first this year, as you know, and thanks to the City of Miami's cooperation, we will have that at the Knight Center and we are looking forward to that, being a very exciting event. Forty some -odd teams from around the country have asked to be at next year's tournament and many of them are some of the big names in college basketball, so we think that what the City of Miami helps start this year will carry on in the great tradition of Orange Bowl in the future. So again, we are very pleased to have the involvement of the City of Miami and to have premiere event, the Orange Bowl Football Game in the City of Miami, our parade in the City, and we hope that the partnership between the City and the Orange Bowl will continue for many years. Hope you enjoy your book. Thank you. Mayor Ferre: Mr. Lynch, let me, first of all, congratulate you personally as president, and secondly, Mr. MacNamara, as Executive Director, and lastly, to the Orange Bowl Committee, for the tremendous amount of time and effort and hard work that you put into making the Orange Bowl Celebration such an outstanding success. It is, at this time, without any question the single most important event that does occur, that both affects tourism, and the families of this City and of this south Florida region that benefits by the hard work that you have put in. I want reiterate two things into the record and just for you, and through you to your committee. The City of Miami that I can recall, has never said "no" to any requests of any significance to the Orange Bowl Committee, and to some of the side events that are now concurrent and part of it. You mention the Orange Bowl Marathon. Not only is it ending at City Hall, it is also costing the taxpayers of the City of Miami $15,000 that we agreed to pay to the Orange Bowl Marathon, and the same thing is true, of course, of the basketball game that will be played at the Knight Center which will also be paid for somewhat by the taxpapers of the City of Miami. We are happy to do this. We think it is important and an important contribution to the wellbeing. It fits in the pattern of events that we like to sponsor and spend our tax dollars on, such as the Grand Prix Race, such as Calle Ocho, such as the internationally recognized bicycle races and other such events. I think the second point I want to make 10 DEC 15 1983 Em 0 to you is that Dan remember back in the days when Irwin Christie was a member of the Commission and throughout my career in City government as a Commissioner and as Mayor, we have had these continuing on -going, underlying problems, and the question of the ethnic makeup of the Orange Bowl Committee. Now, Gene, you are a member. There are others that are here who have heard this story before and I know you are the out -going president and there will be a new president coming in next year sometime. I do think, I realize that there are traditions in- volved and I respect those traditions. I think it is very nice and we can have second, and hopefully someday third generation presidents; your father before you was the president of the Orange Bowl. I think that is wonderful that we can live in a community that can establish these types of historical traditions. The fact though, still remains, even though Dr. Willie Robinson is unquestionably Black, as is Bob Sims - I think those are the two Black members on the Orange Bowl Committee, and I know that Leslie Pantin is unquestionably Hispanic, and there are others - it is not reflective of the composition of the makeup of this community, nor is it reflective of the ethnic makeup specifically of the City of Miami. I know that there is one lady that serves, but I do want to say that this is not an Iron Arrow issue. The City of Miami is not the University of Miami. We are not dealing with the Iron Arrow, of which I am a member of. This is a serious matter dealing with taxpayer's funds, and I am sure some day if some- body were to put in a lawsuit against the improper use of City properties and funds and taxpayer's monies, because of the lack of representation, I think (you are a lawyer and I am not) that I am sure that we could find some lawyers that they would argue that they could pretty well carry the day on that kind of a lawsuit and preclude the City of using the facilities unless there was a clearer recognition of the racial balance. I think we all get to the edge and don't quite take the step because we don't want to be responsible of destroying or hurting such an important event as the Orange Bowl, so in respect of the tremendous magnitude of what the Orange Bowl represents to this community, we always get to the edge of it and we huff and we puff and scream and kick and we complain, and we do all these things but, then we always back down, and I am glad that we back down, be- cause otherwise, we would probably not have the 50 year celebration. On the other hand, I think that the Orange Bowl Committee must bite the bullet and face the reality, as we have got to get into 1984, realizing that somehow, there must be a recognition of the neighbor- hoods and the community that we live in. A dramatic example of that and I rest my point with this, was last year's process in which the Miami Senior High Band was not allowed to march in the Orange Bowl, because it was not selected. To prove their point, these kids not only went and marched in the Macy's Parade this year, they competed nationally to be one of the best marching bands in the country, and paid out of their own pocket and their family's pocket, and I think the City of Miami (how much money did we put into it?) $5,000 of City dollars and they went and marched at the Macy's Day Parade. Now, last year, we talked about assuring that in the future, there would be at least one City of Miami highschool band that would somehow be involved, provided that they had the quality - we are not trying to force you to accept a marching band that isn't qualified, but that we tried to keep both a balance of having highschool bands that are mostly Black, and one that is perhaps mostly Latin, so that there would be, at least at that level, if not at the Orange Bowl member- ship level, a recognition of the ethnic makeup of this community. We cannot have a continuity of marching bands that are all blond, blue eyed, with freckles and pigtails, because that may be very nice for television, but that does not represent the ethnic makeup of this community, and we must take into account the needs of represen- tation even in such things as Orange Bowl parades. Now, I recognize that we have made some progress in that. I don't know whether the Miami Senior High Marching Band will be marching at the Orange Bowl this year, but if they don't I guess they are satisfied that they marched the Macy's Day Parade on Thanksgiving Day in New York City. I would hope that we would have these types of racial sensi- tivities in mind as we move along in our second fifty years at the Orange Bowl. Mr. Plummer: Well, and I also hope, on not the other side of the coin, but you know, I am one who marched in that parade. I am one 11 DEC 15 1983 who has been in that parade many, many times, and I want to tell you, Mr. Mayor, I don't disagree with you, but I have some hesitation and reserva- tions. The great bands is one of competition, and that competition is usually very keen and all bands of this community work damn hard to try to come out and be selected. I don't think it is any different in the City of Miami Float, which has for the past three years been a Latin float. So, if I understand, and I agree with the Mayor on, that there needs to be a balance. I think that this Commission addressed the situa- tion that you know, the City's float has to be revolved around the ethnic community makeup and if in fact the bands are the same way, then I think we also must remember that there is a spirit of competition there, and you know, I just hope that it does work itself off. Mayor Ferre: That spirit of competition also exists with the Macy's Day Parade, and I want to tell you that in my opinion, it is a hell of a lot harder for a band to get into the Macy's Day Parade at prime time than it is to get into the Orange Bowl Parade, and if the Miami Senior High School Band was good enough to get into the Macy's Day Parade on Thanksgiving Day, I think it ought to be good enough to march in the Orange Bowl. Mr. Plummer: As an alumni of that school and that band, Mr. Mayor, I thank you for your comments. Mayor Ferre: Well, I think they proved their point. Mr. Lynch: If I might have just a moment to give a modest response. On the question of membership the Orange Bowl Committee has brought Blacks and Latins into membership in the last few years, and I have confidence that the Committee will continue to do that. We are certainly are mind- ful of the makeup of this community. We, I believe, will be, in the future, as we have in the past, as a good citizens as we would like to be. In terms of the City of Miami's support again, we do appreciate it. We are very proud to help the City of Miami in a number of ways. Last year we paid over $25,000 for preparation for the game and parade to the City of Miami for the cost that it incurred. We even paid the City for the use of space at the Orange Bowl Stadium for our floats at the half time show, and that parking revenue that would be lost. The float we give the City of Miami each year is worth about $20,000. We are very proud to give that. That is featured on television. The parade itself, I might remind you is on national television. It is in prime time, and Macy's is not. We have an annual contest for the bands that are in the parade. Last year Miami Central was in the parade. They deserved it. They earned it. When they wanted to go Europe this year, the Orange Bowl committee was very proud to contribute $3,000 to that band to help them get to Europe. In fact, when Miami High wanted to go to the Macy's Day parade, they asked us for money and I believe we gave them $2,000 to help them go there. We are very interested in the bands in this community. I might add, by the way, that the bands that are not from the City of Miami, that are in the parade this year do reflect the community in their ethnic mix. You will find that a great number of people in those bands are not the freckled pigtailed kids that you are speaking of, and we are very proud of their achievements in earning the right to be on national television in our parade. Mayor Ferre: Well, again, our thanks and congratulations and best wishes to you. We are grateful for all things you do. We hope that next year, instead of having two Blacks on the board, we can have maybe three and instead of having two Latins, maybe we could three; maybe we could have one extra woman, other than Paula Hawkins who is the only woman. She is an honorary member of the Orange Bowl Committee. There are no other woman other than Paula Hawkins. I would hope that you would perhaps get at least one woman and I woiuld consider that to be a very substantive progress for the Orange Bowl Committee. 12 Id DEC 15 1983 0 9 8. BRIEF DISCUSSION ITEM BY COMMISSIONER PEREZ OF POSSIBLE CHRISTMAS BONUS TO BE GRANTED TO ALL FULL TIME CITY EMPLOYEES. Mr. Perez: The only thing, Mr. Manager - the only pocket item that I have is to try to formalize a memo that I sent to your office about 8 weeks ago in reference to the possibility of creating a Christmas bonus for all of the full time employees of the City of Miami, and I would like to have your recommendation for the proper time in order to con- ceive of that possibility to grant a Christmas bonus to all the full time employees of the City of Miami. That is the only thing I want to bring UP. Mayor Ferre: Okay, I assume Mr. Manager, that you will eventually respond to that. Mr. Gary: I will study it. 9. EXTEND SAME CONDITIONS REGARDING USE OF PUBLIC RIGHTS -OF -WAY FOR TABLE AND CHAIRS BY EXISTING RESTAURANTS TO THE COCONUT GROVE AREA. Mayor Ferre: All right, the next - Commissioner Dawkins? Mr. Dawkins: I just have the one. I will wait for Mr. Carollo. Mayor Ferre: Commissioner Carollo? Mr. Carollo: I have one, and the other will be an addendum to the one that J. L. had. J. L., your motion on the outdoor cafes in downtown Miami - can you repeat it again? Mr. Plummer: Basically, what it was, Joe, there was a trail period of 30 days that was granted before. The merchants didn't realize that that time had run out and the City went down and said "no more", so what it did in fact is to grant an extension no more than 60 days ex- tension or until the Administration has a full report which they are doing on the overall. Mr. Carollo: This speaks to the sidewalk cafes? Mr. Plummer: The sidewalk tables and chairs for merchants. Mr. Carollo: Can I go ahead and make a - I guess the best thing to do is make another motion to include downtown Coconut Grove also. Mr. Plummer: I have no problem with that as an amendment. Mr. Carollo: The motion is that ... Mr. Plummer: The same as we passed for downtown we pass in the Grove. Mr. Carollo: Same as you passed before, but to include downtown Coconut Grove also, for the outdoor cafe. Mr. Plummer: The tables and chairs - I will second the motion. Mayor Ferre: Further discussion? Call the roll. Mr. Plummer: Under the same terms and conditions as downtown. Mr. Carollo: Yes. DEC 15 1900 4 D The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 83-1160 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO GRANT THE SAME USES OF PUBLIC RIGHTS -OF -WAY FOR THE PLACEMENT OF TABLES AND CHAIRS ON THE SIDEWALK TO RESTAU- RANTS IN THE COCONUT GROVE AREA, AS OUTLINED IN DETAIL IN MOTION 83-1157. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: None 10. INSTRUCT CITY MANAGER TO SELL SURPLUS BICYCLES FOR ONE DOLLAR TO THE U. S. MARINES CORPS FOR THEIR TOYS FOR TOTS PROGRAM TO BENEFIT UNDERPRIVILEGED CHILDREN. Mr. Carollo: One last pocket item that I have. This is a request that I received for the Marine Corps organization "Toys for Tots", for the City, like we have in previous years, to donate the surplus bikes that we have either for $1.00 or a minimum fee, so I would like to make a motion that whatever surplus bicycles that the City has be donated for $1.00 to the Marine Corps organization "Toys for Tots" who is going to be giving them for Christmas presents to underprivileged children in the City of Miami. Mayor Ferre: Further discussion? It has been moved and seconded. Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 83-1161 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE THE NECESSARY ARRANGEMENTS FOR THE CITY OF MIAMI TO SELL ALL SURPLUS BICYCLES CURRENTLY IN POSSESSION OF THE CITY FOR $1.00 EACH TO THE UNITED STATES MARINE CORPS IN CONNECTION WITH THEIR ANNUAL "TOYS FOR TOTS PROGRAM" FOR UNDERPRIVILEGED CHILDREN. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: None 14 DEC 151983 4 f ------------------------------------------------------------ ---------- 11. DISCUSSION ITEM - ANNOUNCEMENT BY COMMISSIONER DAWKINS OF HIS INTENTIONS TO RELINQUISH THE TITLE OF VICE -MAYOR FOR THIS YEAR, TO BE DISCUSSED LATER IN THE DAY. ----------------------------------------------------------------------- Mr. Dawkins: Mr. Mayor and fellow Commissioners. The Vice -Mayor job is sort of very important and it means that you function when the Mayor isn't there and you have other things to do. Because I will be gearing up to go back to work at Miami -Dade, I find that my schedule does not permit me at this time to function as a Vice -Mayor. I appreciate the short time that I have served as Vice -Mayor, and I would like to be considered at a later date when my schedule permits it, and I wish this body would elect another member now as Vice -Mayor. Mayor Ferre: I'd like to ask the Commissioner to serve in that role until the end of the year, and we will take that up then at the first meeting in January, if that is acceptable. Mr. Dawkins: Yes, sir. Mayor Ferre: And then the members of the Commission will be ready to make a motion, unless maybe later on this afternoon, we might be ready. Mr. Plummer: I would be happy to accept and be bestowed Vice -Mayor for life, but I understand that there are problems. Mayor Ferre: We will take this thing up later this afternoon. This is all brand new to all of us and I think we ought to kind of reflect on it a little bit and we will take it up this afternoon. Mr. Carollo: I have no problems, Mr. Mayor. I just think that the policy that we had in the past to rotating it is something we can think about when we come back. ------------------------------------------------------------------------ 12. CONDEMNING THE UNFAIR CHARACTERIZATION OF HAITIANS AS CARRIERS OF A.I.D.S. ------------------- ---------------------------------------------------- Mayor Ferre: The first pocket item I have is a parallel resolution similar to the one that was unanimously adapted by Metropolitan Dade County, dealing with A.I.D.S., and I will read it into the record and move that. "Whereas the Haitian people of the City of Miami have arrived here to seek freedom and a democratic way of life, and whereas the Haitian community is struggling to pursue its dreams of educa- tional and economic progress to enter the mainstream of life in the City of Miami, and whereas the Haitian people are being stigmatized by inaccurately being identified with A.I.D.S., and whereas since the facts reveal that Haitians make up less than 4% of the A.I.D.S. victims, this stigmatization which has lead to their ostracism, is unjustified; therefore be it resolved by the City of Miami Commission, Dade County, Florida, that the Commission strongly condemns the unfair characterization of Haitians as carriers of A.I.D.S." On the foregoing, I so move. Mr. Plummer: I second. Mr. Dawkins: It has been properly moved and seconded that we adopt this resolution. We will take a few minutes for any Commissioner who has not seen it to view it. Are you ready to vote? Mr. Clerk, call the roll, please. 15 ld DEC 151983 The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 83 -1162 A RESOLUTION CONDEMNING THE UNFAIR CHARACTERIZATION OF HAITIANS AS CARRIERS OF ACQUTARED IMMUNITY DE- FICIENCY SYNDROME (AIDS). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: None 13. PERSONAL APPEARANCE - MR. GENE AUTREY, UNITED WAY: DIRECT CITY MANAGER TO ALLOCATE $15,000 AS A CORPORATE GIFT TO THE UNITED WAY TO AID THEM WITH THEIR "HELP THEM TO LIVE" PROGRAM. Mayor Ferre: The next item is Gene Autrey, who is here this morning. Mr. Autrey? Would you step forward? Mr. Autrey, while you step for- ward, let me congratulate you for two things. First of all, turning around the United Way for the first time in four years, I think we have met our goal. I know it took a tremendous effort on your part. We are all very proud that we were successful. I think it is very mean- ingful for Miami and for the community and I want to congratulate you for your tremendous effort. Secondly, I see in the papers that you were recently elected to the the President of the United Way. I think that also is a great honor, and we are very happy for you and for the community, that you have accepted this leadership role. Mr. Gene Autrey: Thank you, Mr. Mayor. Iam here this morning to speak on behalf of the United Way. We have requested from the City of Miami a contribution of $50,000. We have identified a particular program ... Mayor Ferre: You said $15,000, didn't you? Mr. Autrey: I had written $15,000, and we had suggested that we raise that to $50,000 when we talked with you, because I have identified a special program for that. As you know, the Mayor said we had gone over the goal for the year 1983. A lot of people in this community did a lot of work in order to make that successful. No one person does it, and I might say to you also that the City of Miami employees lead the way with some 9% increase in their giving over last year, lead by Mr. Howard Gary and Mr. Cesar Odio. Now, what I am here today to request, even though we have gone over our goal. We have a special program called "Help Them to Live" program, in which we are requesting the $50,000. It is now in the United Way budget. It is in the United Way budget for some $75,000. It is a program in which the pieces of equip- ment are supplied to people who are needing this equipment because of their infirmaties - electric hospital beds, electric wheel chairs, prosthesis, arm and leg, hearing aids. Now, the majority of the clients served by the "Help Them to Live" are not eligible for any services pro- vided by other agencies, including State, County, and Federal programs and our insurance benefits. Now, "Help Them to Live" because of its 16 DEC 15 1983 ld 0 f funding service of United Way is able to maintain the flexibility of providing services to the individual who is employed, but unable to pay for these types of equipment. As you probably recall, one of our people that we used on our advertising program, which by the way, did not come out of any contributions from the United Way, or any of the contributions that were given to the United Way, was a hearing deficient child, Heather Plaster, who was seven years old, who is unable to speak, who is deaf, who is a typical recipient of such aid. This is the only program in the community that has the flexibility to provide the type of service our clients need, and therefore, this is to request your consideration for a contribution to for the 1983 United Way for this program specifically identified for this "Help Them to Live" program. Mayor Ferre: All right, Gene, let's review the process on this. Last year, at the City Manager's recommendation, as he is the guy that created this, so when he comes back and he jumps on us, I would like to, before he does that, remind him that this is plaguing him, as he may see, that he was the creator of this. That up until his initial movement, the City of Miami as a government never involved itself in a voluntary program such as the United Way, because in effect, it goes contrary to the theory of what the United Way is all about, in other words, that this is a voluntary process. Now, the Manager thought that because of the fact that we had not met our goals last year, that it was essential that we help, and so, we wanted to kind of, as the City of Miami likes to do, set the pace. So, we went out, and the Manager recommended, and this Commission approved a $10,000 expenditure to the United Way as a con- tribution to the annual fund raising event. We had a ceremony out here in front of the flag and the whole thing. Now, we were all happy and proud to do that. This year, the request was $15,000. I, frankly thought that that was a reasonable request, and if we are going to to give you $10,000, $15,000 isn't that much of a difference, and I moved it, but it stalled. The Manager thought that perhaps that was a wrong precedent, and we should wait and see and the Commission wanted to gather its thoughts on this. Now, the point of all of this is, this is the first time that I have ever heard of the figure $50,000. Now, I would like to recommend the following. I think that we do have kind of a moral obligation, and I have no problems with the rest of the Commission who wants to go along with $15,000, but $50,000, I think you have to go back to the Manager and talk to him. You convince him of it, and then you come back to us. Mr. Carollo: Mr. Mayor, if I may, and Gene, please don't take this personally. It has nothing to do with you. On the contrary, you have done an excellent job, but if I recall, Mr. Mayor, we passed a motion at the last meeting that we would not even consider anyone coming before us unless they went to the Manager before hand, and even though I would very much like to keep on hearing Mr. Autrey, I think he deserves that courtesy, if we would do it for him, I think we would be hard pressed not to give everybody that is going to come later on today and the following meetings the same opportunity. Mayor Ferre: I accept that. Mr. Manager, you do have a recommendation on this, and in other words, Mr. Autrey has been to the Manager for certain portions of this and maybe you might deal with that, if you want to. Mr. Autrey: By the way, if I might interrupt just a moment, Mr. Gary, and Commissioner Carollo, I have been trying to get down here to see you folks to get this done during the campaign ... Mayor Ferre: For the last six months, as I recall. Mr. Autrey: Yes, sir, and it has been almost impossible, because of the enormous amount of work to get this campaign over the top, so I apologize for that, but we have been to the City Manager. Mayor Ferre: Gene, and you sat here for hours and hours on end, so it isn't that you haven't sat. I've seen you sitting here for hours, and I know you have better things to do. Mr. Manager? 1'7 Id DEC 151983 4 Mr. Gary: Mr. Mayor, just to clarify the record to some degree. Last year I came to the City Commission and felt that in view of the economic situation in this country, as well as the policy of the current Administra- tion with regard to social programs, there is a dire and critical need to provide social services in the City of Miami, particularly in terms of trying to fill that void. And I thought that it would be appropriate for this City to do the same as the private sector does, and that is, that they would give a corporate gift, as opposed to the contributions made by employees, and to that end, I recommend that we grant $10,000. This year, I had a discussion with Mr. Autrey, and some other members of United Way, and I told them at the discussion that I would be supportive of recommending the same kind of corporate gift in terms of the total campaign fund, and I also agreed that I would recommend an increase from $10,000 to $15,000, so we have had some discussions on that matter. We have not had discussions in terms of $50,000 in the specific program, and I am totally ... Mayor Ferre: So that is your recommendation on the $15,000? Mr. Gary: You have my recommendation on the $15,000. I could tell you right now you would not get my recommendation on the $50,000. Mayor Ferre: Is there a motion on the $15,000? Mr. Carollo: There is a motion to accept the Manager's recommendation, as he has stipulated for the $15,000, and if the Manager would like to reconsider for him to give Mr. Autrey the opportunity to meet with him on the other $35,000. Mr. Gary: I'd love to meet with him, but I can tell you what my answer is going to be. Mayor Ferre: Is there a second to the motion? Mr. Perez: Second. Mayor Ferre: Second by Demetrio Perez. Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 83-1163 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $15,000 TO BE DONATED AS A CORPORATE GIFT TO THE UNITED WAY OF DADE COUNTY TO AID THEM WITH THEIR "HELP THEM TO LIVE" PROGRAM. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: Vice -Mayor Miller J. Dawkins Mayor Ferre: Gene, I might just say to you, so that we don't have an misunderstanding. This is not a corporation. I didn't want to challenge this issue last year, because I thought we were at a crucial point. This is a government, and we don't have stockholders. We have taxpayers. It is, I think, contrary to the purpose of the United Way for government to be involved in this. In the end, it is using taxpayer's monies, so I think that is something that we need to kind of think about. Furthermore, it was based on the premise that if this was going to happen, we would be 1s DEC 151983 getting support from Metropolitan Dade County, Miami Beach, Coral Gables. Has that been done? Mr. Autrey: It has been tried, Mayor. Mayor Ferre: I am not telling you. I know you tried. Did Metropolitan Dade County give you one red cent? Mr. Autrey: No, sir. Mayor Ferre: Did Miami Beach? Or Coral Gables? Mr. Autrey: No, sir. Mayor Ferre: Okay, I need tell you one year ahead of time, since you are now the president, so that you don't get upset next year, that you will not have my vote unless we see that other governmental entities have accepted this, and that the United Way has amended its Charter to change the thrust of how you go about raising money. Mr. Autrey: I understand, Mayor, and I would also like to tell the Commissioners that we are heartily appreciative of this vote today, and we will accept the $15,000 with great thanks for your generosity and we will try to make the best use of the money, and we are working on the path that you are talking about. It doesn't happen over night, but I will try in the time that I am there. Thank you. Mr. Plummer: Mr. Mayor, for the record, let me reflect my negative vote. It is my opinion that the United Way does a very fine job in this community and I think we have to keep in mind, which was not said, that the City of Miami employees, including you and I, this year were either 109 or 111% of the employees total. It was my opinion that that which was requested by United Fund should have been considered under Federal Revenue Sharing money. We don't have sufficient money, Gene, to go around, and we will be fighting this afternoon. As I said before, which of the hungry people are going to be told "yes", and which of the hungry people will be told "no", and I think United Fund has to stand in that same line this afternoon and fight for what they think is right, as other people do, because we, unfortunately, are about the business of doing that, so that was my negative vote, not negative toward United Fund. Mayor Ferre: Thank you, Mr. Autrey. 14. DISCUSSION ITEM - FUTURE TOWN HALL MEETING IN THE EDISON LITTLE RIVER AREA. Mayor Ferre: Mr. Jerry Glicko, who is a community leader in the Edison - Little River area. I am glad to see Mr. Glicko, that you have overcome your illness and you look well and you don't look piqued, and all that. Mr.Glicko, just to cut short on this, because we are running short on time, Jerry - Mr. Glicko would like to request that the City Commission hold a town hall meeting in the Edison Little River area and that that be the beginning of a process. I think the Manager is going to have to deal with the timing of it, Jerry. If it can be in January, fine, but it may be later on, so Mr. Manager - does anybody have any objections? Mr. Carollo: Mr. Mayor, I think it would be best for the Manager to consider that, and if we are going to consider one area, I think it would probably best at the same time for him to come with a full plan layout for the whole year for us. Mayor Ferre: That is acceptable. Mr. Carollo: It is much more than three areas. Mayor Ferre: Oh, no, not three areas. I certainly - I don't accept three areas. We've got to go to East Little Havana, and West Little Havana and Allapattah and Wynwood and Coconut Grove, you know 'DEC 15 1983 19 ld 0 0 Mr. Carollo: I think Miller knows all three communities. Mayor Ferre: So, Jerry, do you have anything else you want to add to it? Mr. Dawkins: And we will never be meeting back at City Hall! Mayor Ferre: That may not be a bad idea! Go ahead, Mr. Glicko. Mr. Jerry Glicko: I have no further comment then to agree with whatever the Manager comes up with and we would also like to point out that this will be at no expense to the City whatsoever. We feel that the importance of this is the relationship that obviously was kicked around so badly during the campaign into the inner-city community, and some of the things that you people sit here and do every day are such a secret to the citizen- ship of our community, that this would be a great way for them to know what you are doing for them. We would like ours to be the pattern to be followed at the convenience of the Commission. We are available at the convenience of the Manager's date. Thank you. Mr. Dawkins: The only thing I would like to remind Mr. Manager is that Joe Caleb Center is not in the City of Miami, so therefore when you schedule something for Liberty City, that it is not at Joe Caleb. 15. PERSONAL APPEARANCE - AIDA LEVITAN REGARDING A PROGRAM TO BRING NEWSPAPER REPORTERS HERE - REFERRED TO THE CITY MANAGER. Mayor Ferre: Mr. Manager, I have here, and I understand that other mem- bers of the Commission have been talked to by both Aida Levitan Asso- ciates and Locke and Seller, Inc., Bobby Munford, Vice -President, with regards to a contract so that we can bring in newspaper reporters from throughout the world to visit and deal with Miami. Has this been dis- cussed with you, Mr. Manager? Mr. Gary: No, sir, Mr. Mayor. Mayor Ferre: Aida, under the regulations and new rules of the City of Miama, as passed at the last Commission, we have agreed not to listen to out of pocket items that have not been dealt with by the City -Ad- ministration. So, Mr. Manager, I am going to turn over these letters to you and ask that you schedule this, then for, with your recommendations one way or another as an official item on the next Commission meeting - and Mr. Manager, would you discuss with both Ms. Levitan and Mr. Munford, I would like for both of them to be present during the discussions, who- ever you give this to. 16. DISCUSSION OF EMPLOYEES ELECTIONS AND PERSONAL APPEARANCE BY A. G. SHERMAN AND DON TEEMS. Mayor Ferre: The last item that I have, Mr. Manager, is a letter addressed to you by Don Teems, of the Fire Fighters, dealing with a question of the election date on the Civil Service runoff dates. I understand they were changed from the 14th to the 16th. As I understand, and I am reading from the letter, the reasons given for the change was that many employees in the Santitation Department are off on Wednesday, and you felt that it would be unfair to hold election day when most of them were off, which I think you are absolutely right. Teems says he agrees with the philosophy, but he is requesting that you apply the same philosophy to the Fire Fighters, in that two-thirds of them are not working on any one particular day, since Fire Fighters work a 24 hour shift, and any of them will be off duty on the day of the election regardless of the elction if it is held Wednesday or Friday. Therefore, he is requesting in behalf of the Fire Fighters that we make available a polling place for Fire Fighters that will be open for 3 consecutive days, so they may participate fully in the Civil Service Election. ld 20 DEC 15 1983 0 0 I think that is a fair request. The Fire Fighters are off 24 hours at a time and I think that is a reasonable request. Mr. Gary: I am opposed to that, Mr. Mayor. You can pass that reasoning on down to Police, you can pass it down to - those are three primary functions. The difference between Fire and that of Sanitation is that more than two-thirds of them are off, the majority of them are off on Wednesday. That is there day off, all of them. Mr. Dawkins: All of them. Mr. Gary: Once you start a 3 day or a 4 day practice, Mr. Mayor, it will delay not only the process, but there will also be other complications and the cost would be tremendous. The Wednesday happens to be the day that all of the Sanitation workers are off as opposed to Mondays, to Fridays, when only a portion of the Police or the Fire may be off, so I am opposed to that recommendation. Mr. Dawkins: Mr. Mayor, is Mr. Teems in the building? Where is Mr. Teems? Mr. Carollo: No, I think there is a representative of the Fire Department here. Mr. Dawkins: Okay, let me ... Mr. Sherman: He is on his way into the Chambers. Mr. Dawkins: Okay, well, let me say what I have to say. You can go back and tell him. To me, this smacks clear of racism, okay? Now, I have been with you guys, I will fight with you until the bitter end, but for you to nit-pick, in my opinion, with something like this, is pure racism. Now, I suggest to you that the three unions get together and collectively work together to try to get something done and because these guys come up with something that would benefit them, and my opinion, you guys are angry with Mr. Gary, you all come back with little nit-picking stuff and to me, if this kind of stuff keeps up, we will no longer be friends. We will be enemies. Mr. A. G. Sherman: All right, may I address your comments. My name is A. G. Sherman, I am president of the A.F.S.C.M.E. Local 1907, City of Miami General Employees, not Fire Fighters. What is happened, there has been somewhat of a history on this, Mr. Mayor and members of the Commis- sion. This election was set up for December 2nd. Well, because of im- proper notification to the Sanitation Employees Association, we agreed there was no problems with notifying and giving them the opportunity to move the election back one week to the 9th to have the election. Well, unfortunately, we printed a lot of political material in relationship to the campaign that we distributed at our cost with all information to the employees. Well, subsequently since that time, we agreed to set it back. A date was set for the 14th, which was a Wednesday, and I disa- gree. I don't think all of the Sanitation employees are off. I think the Garbage section is, but the Trash collection is working. That is not the issue. We have no problems with affording the opportunity to vote. We agree with it. We urge people to vote whether they are voting for our ticket, or any other ticket. We want them to exercise their vote. Apathy is one of the biggest problems we have in the work force. All right, we have stressed that to the City Manager. We went in to sit with the City Manager yesterday for two hours. He did not have time to meet with us and come to some kind of solution we felt would be bene- ficial to all parties. Now, no candidate, no organization, was even advised as to what was going to happen. It was just unilaterally done. Now, we have been out campaigning, telling everybody that the election was on Wednesday. Well, we have to turn it all around on Tuesday and Wednesday when we get the information and once again notify the people that it has been changed. No problem, let them vote. But, the concern, Mr. Dawkins, is that all employees in'the City of Miami, all who are protecting their benefits, pension and civil service, have an opportunity to vote. Now, I agree with the Manager. I believe that they should be afforded the opportunity, and I was 100% behind Mr. Mielke, when he called me and asked me yesterday. I have no problems, but, and I resent the remark about racism. I represent a tremendous portion of Latins and ld 21 DEC 151983 0 L Blacks in my organization. I want my people to have the opportunity to vote, the Fire Fighters do, the Police do, and Sanitation do. We are only down here speaking for our people, and it is not a racial comment, but I do believe that it is only fair and just that we are going to look at one segment of the work force, to give them that opportunity, then all of the City employees should be afforded it. Mr. Dawkins: One question before you leave. Mr. Sherman: You have got it. Mr. Dawkins: Would it cost any more for your union to have lost money printing erroneous information if this changed for the three days for the Fire Fighters. Mr. Sherman: No, we have no problems ... Mr. Dawkins: All right, well if you don't have any problem there, why is it you have a problem with the three days? Mr. Sherman: Because now we will have proper time to print new notifications, but, let me tell you, you are talking about expense... Mr. Dawkins: Okay, you answered it. You didn't say that - I under- stand that. Mr. Sherman: Okay, fine. Let me address then a question that the Manager pointed out. There would be expenses. That is not true. The workers are volunteer workers sent out by the County. The poll workers are coming out on their own. They are working free of charge. All that we have got to do is basically, and Mr. Ongie ... Mr. Ongie: That is not correct! Mr. Sherman: Well, then I stand corrected. Mr. Ongie: Every single thing to do with this election, we have to pay for. Mr. Sherman: All right, what is the cost factor? Mayor Ferre: Wait a minute. How much is it going to cost? Mr. Ongie: We have about seven precincts and they have on the average of two, or three, or four, or five workers. They charge us for all those people costs; they charge us for the printing of the ballets... Mayor Ferre: Ralph, I am not arguing with that. Mr. Ongie: No, but the whole ... Mayor Ferre: I am asking a very simple informative question. Is it $5,000, or is it $100,000? Mr. Ongie: Probably $5,000. Mr. Sherman: We are talking one precinct. We are not talking seven. Mayor Ferre: All right, now, Mr. Teems. Mr. Don Teems: Mr. Mayor, Don Teems, President of Miami Fire Fighters. I am sorry, I was in an arbitration hearing and I didn't get the whole - you know, what happened since you brought it up, but ... Mayor Ferre: Well, what I did is, I read your letter and I said - I didn't comment too much, but I said that I agreed with the premise 09 ld 22 DEC 1519003 1 .f =., RM 0 of it. The premise of it is that the polls be left open for three days so that everybody will have an opportunity to vote, and that the same logic that was used for the Sanitation workers - in other words - that since they are off Wednesday, that Friday is the day that they ought to vote, and we ought to extend that same logic so that everybody will have an opportunity to vote. Now, I just want to make one more comment on this thing before I recognize you. I think every employee of the City of Miami should have the right and the opportunity to vote, and that shouldn't be denied to anybody, no matter what it costs, and we are not talking about a hell of a lot of money. $5,000 isn't going to make or break the City of Miami one way or the other. I just think that whether a person is Black or White, male or female, Spanish or English speaking, a police officer or sanitation officer, every City employee ought to be afforded the opportunity to vote, to select people to represent them in their Civil Service board. Now, as I understand there is a slate and there is a runoff between two candidates, is that correct? Mr. Teems: Yes, sir. I don't think the candidates are an issue, or anything like that. It has been our position, at least the Fire Fighters position for a lot of years that we have got to - we are getting maybe second hard a little bit, only because of the way we work, okay? You know, all of these Civil Service elections have only been on one day - and it is any one day - I don't care if it Wednesday, Friday, or Tuesday or Saturday. We have one - two-thirds of our people are off duty, be- cause we work a 24 hour shift, and they have to come to try to vote, and we had a problem with that, okay? But, we lived with it, that is the way it was for a long time, and then when Mr. Gary changed the date, from Wednesday to Friday to help the Sanitation employees to make it available for them to vote, I agreed with that. I agreed with that concept. There is no problem with that at all. What I am saying is, that we would like to have that same availability. That is all that I am saying. I have no problems with changing from Wednesday to Friday to facilitate that. What I have a problem is, it doesn't matter whether it is Wednesday or Friday, I still have two-thirds of my people that are not working. Mayor Ferre: All right, you have heard the Manager's opinion. You have heard the Commissioner's opinion. You have heard my opinion. We need to see what the Commission's is. Mr. Gary: Mr. Mayor, I think it is important to note that the decision with regard to the voting rests solely with the Manager in terms of these procedures. I would like to also state that the ... Mayor Ferre: Well, that is part of the Charter, unless ... I am going to get that completely clarified on the record in case there is a lawsuit in a moment. Go ahead. Mr. Gary: Mr. Mayor, this issue did not come up until we had a vote on Wednesday. When it was other than Wednesday, nobody had any problems. Because the Sanitation workers and the majority of them are on garbage, for the first time the voting was schedule on a Wednesday, and because we had a problem with regards to the Solid Waste Department not getting the information out to the Sanitation workers, we had to reschedule the vote. Then, when the issue came up on a Wednesday, the Sanitation Workers felt that they again were being discriminated against, because the first time they were discriminated because the notice was not put out, and now, we are allegedly trying to obscure the votes where they could not vote by scheduling it on a Wednesday, and that was done specifically to demon- strate that we were not trying to discriminate against a segment of our employees, who the majority of them happen to be Black, who felt that they were being persecuted to give them that opportunity so that we would continue under the same vein we have been doinq in the past. Mayor Ferre: I think you did the right thing, Mr. Manager. The question is whether everybody should have that. Mr. Gary: And now, Mr. Mayor, we hive a union, or a union is now feel- ing that they want to jump on this band wagon because of a mistake to now cost this City money and to do something we haven't done in the past. I think it is characteristic of the whole philosophy that is being practiced by some of union members. They deal with this on a political level as opposed to what is right and I would suggest to 23 DEC 151983 4 E this City Commission that we continue what we have been doing in the past and not cause any additional expenses to this City. Mayor Ferre: All right, as we move along, unless somebody else wants to speak out on this issue, Mr. City Attorney, for the record, I need your legal opinion, and I would like to have it in writing, in the future dealing with the issue, as to whether or not on an item such as this, whether this is within the purview of the policy setting author- ity of the City of Miami Commission. I might, as a preamble, point out that the Civil Service rules had been changed on various occasions. The City of Miami Commission does deal with Civil Service issues and that this is an area that will greatly affect obviously, the future of the Civil Service Board since it deals with the election of one of the members. Now, if you, on the other hand, if this thing is ruled upon that this is solely within the purview of the Manager, then you have legal recourse on that. That is your problem. But, I think we ought to put it on the record one way or the other. Mr. City Attorney? Mr. Garcia -Pedrosa: Mr. Mayor, the provisions of the Charter of the City of Miami, with respect to the Civil Service Board contained in Section 60 of the Charter read in relevant part as follows: "The City Manager shall be, and he is hereby authorized to prescribe the rules, regulations and the procedures for the holding of elections for the purpose of electing the two members of the Civil Service Board by the City employees with Civil Service status". Mayor Ferre: So that speaks for itself and the Manager has total author- ity to do this. I am sorry, Gentlemen, we have a legal position, and we have to follow that. Mr. Teems: Can I just say one thing? Mayor Ferre: Please. Mr. Teems: I understand your position. First of all, I thought you did set policy, but I thought you would be getting direction, but I guess I a wrong. Mayor Ferre: Well, we do set policy, but Charter specifically speaks to the question of elections and it says it is completely within in the pur- view of the Manager. The Manager is correct. The City Attorney has con- firmed it, and we cannot legally override his decision. Mr. Teems: Okay, Mr. Mayor, I agreed with the change, with the putting off the election the first time, because a certain group of individuals did not know about the election. I agreed with that. Absolutely! I agreed to changing it to a day that more people from a certain department would be able to vote. My problem is that in the past I have addressed this with past managers, not with Mr. Gary...with past managers, and they said "That is tough, we are going one day and that is it!", and I have accepted that. Now, my problem is now I think I am being discriminated against. When you say - okay, you are going to change it for one group of people so that they can get to work on time, but you are not going to change it for somebody else. Now, as far as us making this a political issue, I wrote a letter to Mr. Gary as soon as I found out about the change, and why. That is the letter that you have, Mr. Mayor, and that was, I think, yesterday, and I got no response from Mr. Gary, but that is typi- cal, okay? So, if we have to go the political route to even be heard, maybe that is why. I've tried to make many, many appointments with the Manager and haven't been able to make one in six months, so that is no different than it always has been. Thank you. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir, Mr. Manager. Mr. Gary: First of all, I would like to say that, if you just got the letter yesterday, and I just got the letter yesterday, I don't know any corporation that responds that quickly in view of the magnitude of this corporation. Secondly, in terms of meeting, it appears that Mr. Teems and his union has decided not to discuss matters in an administrative 24 1983 OTC 15 professional manner, but they have decided to use the political route. As an example of that is the union negotiation, and Mr. Teems elects to spend as much time at the table and discussing matters in an open and professional manner, we wouldn't have the problems that we are having today. Mr. Carollo: Gentlemen, I think that it is best not to keep going on this issue here. I don't think we are going to get any- where. What I would like to suggest is that, if it is at all possible, we could all pick a date sometime between now and before the end of the year and sit down and try to resolve this and some of the other important items in the sense of a professional manner, as you so stated, Mr. Manager, but I don't think it is going to do any good going on an keep a discussion on this issue when I sense the feelings that are on both sides. I woiuld just hope that you could put those feelings aside for at least meeting time, and try to get down and work out a reasonable compromise. Mayor Ferre: All right, further statements? All right, Mr. Hadley, very quickly, because we must move along now, and we are one-half hour late. Mr. Hadley: What, Mr. Mayor? Mayor Ferre: We are one-half hour late on issues that are important to you too, so remember the Civil Service Board, so go ahead, sir? Mr. Hadley: Mr. Mayor, I appreciate the honor of serving on the Civil Service Board for last hundred years, but I do agree with the Manager and the Commissioner. If you should have noted, and I know you did, the majority of this civil station - this is not one of the things that they have to run all over town. They were held mostly at the fire sta- tion, that shares this place here, and a few other places. I can't see why a man who is working 24 hours. It is not a fire every hour or every that he can't walk that to the front and push that ballot. There is no way in the world for you to please all of these people, but you can try your best not to put this election in everybody's home. It seems to me these guys want you to go to their homes and get them out of bed! My God almighty, what is there better for a man to do when they get off that 24 hour shift and they they over there and think about his rights and push that lever. We are looking for leadership here. We are not looking for racism, and racism comes into this country now in all kinds of ways if you are not very careful, it gets by you. I know what I am talking about, and I am through. Mayor Ferre: All right, thank you very much, Mr. Hadley. Mr. Hadley: I know you don't like me! Mayor Ferre: All right, I think we need to move along now, and unless there are any other pocket items. ----------------------------------------------------------------------- 16.1 INMACULADA LA SALLE HIGH SCHOOL RECOGNITION. Mr. Plummer: Mr. Mayor, this is not a pocket item - I would only like to invite, on behalf of this Commission at the January meeting - as you might have noticed, Emaculata LaSalle, a private school was honored this past week under some circumstances that were far from normal, of their football team, and named by the Miami Daily News as the Couch of the Year. I would like to invite them here to the next Commission meeting to be recognized and to be bestowed with some kind of a certificate. If the Manager will please make arrangements. second, ld 25 DEC 15 1983 0 ---------------------------------------------------------------------- 17. FORMAL PRESENTATION OF TWO BIDDERS FOR THE PLANNING, DESIGN, CON- STRUCTION, LEASING AND MANAGEMENT OF THE SPECIALTY CENTER TO BE KNOWN AS "BAYSIDE", DISCUSSION AND TEMPORARY DEFERRAL. Mayor Ferre: All right, now we are at the 10:00 o'clock agenda, which is Item 16. Mr. Manager, I saw Corky Dozier around. I assume she has left. She was supposed to have met with the Administration on this Christmas thing. I don't know whether you are ready to conclude on that or not, perhaps this afternoon you might give us an answer. Mr. Gary: Mr. Mayor, Going back to your policy, and I have just talkd to Mrs. Dozier. The proper procedure is for her to go to the Festival Advisory. She hasn't done that and she is on the Board and I recommend that she do that. Mayor Ferre: We are on Item Number 16, which is the acceptance of the recommendation of the City Manager in the selection and the rank order of two firms in the planning and design of the Miami Marina and Bayfront Project otherwise known as Bayside. Mr. Manager? Mr. Gary: Mr. Mayor, I would first of all like to commend the City Com- mission for adopting the unified development process. I think it is a good process, and the process as envisioned by the City Commission has worked well. I would also like to commend the members of the Review Committee who worked diligently and very hard in evaluating two complex proposals that were submitted for the development of the 20 acre site within the Bayfront Park system. These people worked numerous hours and I would like to give a special commendation to the Chairperson who not only worked as hard the Committee, but went beyond the call of duty in terms of waking me up late at night, and following up with with Accountant, using his staff in his private business and even going to the extent of running certain models on his computer, and that is Mr. David Weaver. As you aware, we had an 11 member committee and the majority of them are outside public servants who had dedicated their own time to participate in this project, and at this time, I would like to recognize them. It is David Blumberg, Mr. T. Willard Fair, Miss Tina Hills, Mr. Ycrbert Lee, Mr. Dan Paul and Mr. David Weaver. Those are the six, and . have some of them on hand. I would like for them to stand up. Mayor Ferre: All right, would the members of the Committee please stand up? (APPLAUSE) Mr. Gary: Mr. Mayor, as you know, this is a very crucial and vital project to the City of Miami, because we think it will do something to bring about life in downtown not only during the day, but also at night. Mayor Ferre: Mr. Manager, I am sorry. You are getting into the substantive issue at this point. I want to make a statement before you do that into the recore. I don't see Mr. Dan Paul here, but I do see Mr. George Knox, and I want to put into the record how this all came about. The City of Miami went to battle (George Knox was our attorney) on the Watson Island project. The people who were doing battle with us had some very, very, clever and able attorneys. There were 17 counts. The City of Miami lost one of the 17 counts and the City of Miami won 16 of those counts. The one that we lost had to do with the issue of how we went around bidding major projects. What had occurred in Watson Island that there had been changes because of an IRS ruling on tax free bonds. Because of that, we had to change some of the scope of the project. As a consequence of that, the Supreme Court of Florida ruled that the City of Miami because of its limitations of its Charter, had not the ability to proceed in changing the project in any way. That of course, meant that it would not only hurt the project in Watson Island, but many other projects that the City of Miami is hampered with. As a consequence of that, George Knox went to work and with the cooperation and help of Dan Paul, who authored a series of Charter changes. Subsequent to that, Mr. Knox left the City, and Mr. Garcia -Pedrosa came in and a tremendous amount of work remained to be done. Mr. Garcia -Pedrosa took this matter on and followed in the same pattern that George Knox had esta- blished - went to the Miami Herald, went to the Miami News and achieved the impossible. The impossible was that this was not something just for Watson 26 DEC 151983 Island, but that it had tremendous importance for the future development of the City of Miami. The Manager went down to see the editorial board of the Miami Herald. I went down to see the editorial board of the Miami Herald twice. Many of us worked diligently. I know that Dan Paul and others worked at the process of convincing the editorial departments of both of those newpapers and the television stations that this was not a ruse , that this is something ... even though it may end up being a Rouse (that is a bad pun!) that our intention in this whole thing was indeed honorable and that it had obviously something to do with Watson Island, but had to do a lot more with the procedure. This is the first major test of this Charter change. The Miami Herald did editorialize in favor of it, and I frankly forgot what the News did. It became a major contested item. There were opponents to it. It did pass. This is the first challange. This is the first time that the new charter change comes under the scrutiny of the public at large. There are those, if I can read the editorial pages of both newspapers who seem to be skeptical as to whether or not this whole thing will work. I have no doubts that it will work. It may not work to the satisfaction of every- body. It may not work exactly the way some people envision it, but there are - there is a definite route in which this Commission can take and I think that there will be justification in having changed our Charter and that the voters who helped, voted in favor of these Charter changes will feel that they did the right thing, and having said that, and I think we would like to proceed now unless somebody has any other opening comments. Let's proceed with the presentation. I just made a statement, J. L., say- ing that the voters did the right thing, and I hope that today there will be vindication of that. Mr. Plummer: Mr. Mayor, I just want to reflect, and let the record fe- flect, even though I understand it has been corrected and been changed. On my agenda, Mr. Mayor, it shows Bayside (in the very back of the agenda) as a 10:00 a.m. item, and clearly marked "for discussion only". Now, I understand subsequent to that, it has been changed, but I do want that discrepancy to be noted for the record. Mr. Gary: Mr. Mayor, for the record, we sent out a corrected agenda and also for the record, I have before me, a copy of an ad in the local news- paper that said "Notice to the Public - Notice of City Commission action in the City of Miami, Dade County, Florida". The Miami City Commission will consider and take action on the recommendation of the City Manager for the development of the specialty center to be known as Bayside on the City owned land parcel approximately 16 acres adjacent to Miamarina Bayfront Park at 10:00 A.M. Thursday, December 15th, at City Hall, 3500 Pan American, Dinner Key" - signed, Ralph Ungie, Number 1746. So, the public has been notified correctly. This City Commission has been given information. The only reason you didn't get it earlier is because we had meeting scheduled week behind week, and normally the posture of the City Commission is to rule the 5 day rule when have meetings once a week as opposed to once every 2 weeks. Mayor Ferre: All right, Mr. City Attorney, we are dealing with very touchy areas here. I want to make sure we cross all the T's, dot all the I's. Into the record, your legal opinion as to the subject that has just been broached. Mr. Garcia -Pedrosa: Mr. Mayor, it is entirely appropriate for the Commission at this time to consider this matter. It has properly noticed, advertised. It is every way capable of action by the Commission. I do want to clarify that we have prepared and have available, depending on what action the Commission takes, and in accordance with the City Charter, three different resolutions reflecting the three things that you can do, and that of course, will be the will of the Commission. Mayor Ferre: I think just for the record, so that we understand what our options are, let review those. The first thing that the City of Miami can do is, accept the recommendation of the Manager. The second thing that the City of Miami Commission can do, is reject the recommen- dation of the Manager, and return it to the Committee for further study, and the third thing that this Commission can do is throw out all bids, and request that the procedures start over again. Is that correct? Mr. Garcia -Pedrosa: That is cow t. rJ I7 DEC 151983 ld - -- 16 0 Mayor Ferre: All right, now... Mr. Plummer: Excuse me, for the record, so that I don't misunderstand, Mr. City Attorney, are you telling me, sir, that those are the only 3 options? Mayor Ferre: That is right. Mr. Garcia -Pedrosa: Those are the only three optionsm Mr. Plummer. Mayor Ferre: Under the Charter. You wrote the Charter! And you voted for it. All right, we need... this is not a public hearing at this point, Miss Wood. I will recognize you in the future. We are now going to con- tinue with the process and Mr. Manager, this is very serious business. Please sit down, and I will recognize you at the appropriate time. This is not the appropriate time. All right. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Yes, Ma'am, the public has a right. The Chair rules that the public will have the opportunity to express its opinion if members of the public here wish to express an opinion, at the proper time. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: I will recognize you at the proper time, yes, Ma'am. All right, Mr. Manager, proceed. Mr. Gary: Mr. Mayor, this is a three step process, the first two taking place with the Review Committee, and the external financial consultants, which is Coopers & Lybrand and the third step being a review by the City Manager, and the final recommendation. Mr. Mayor, I have asked that the Committee be present today to give their presentation. After their pre- sentation, Mr. Mayor, I will give you a summary, and after that, I would recommend that both proposals be given at least 15 minutes. That was just a recommendation - you have a right to decide how much time to give that presentation for the City Commission, at which time the City Commission can make their decision. Mayor Ferre: Even though we have many, many important things on the Agenda, today Mr. Manager, the Chair will rule that he will not limit the presenters. This is much too important a subject, nor the members of the Commission, and they have questions, we will just have to deal with those as they come up. All right. Mr. Gary: Yes, sir, Mr. Mayor. At this time, Mr. Mayor, I would like the Chairperson who has done a tremendous job, Mr. David Weaver to give his report of the Committee. Mr. David Weaver: Mr. Mayor, Commissioner, Mr. Manager, Ladies and Gentlemen. For the record, my name is David Weaver. I maintain an office at 800 Brickell Avenue, Miami, 33131. I am here as the Chairman of the Bayside Specialty Center Citizens Review Committee. This committee was named by the City Manager in April of this year and was approved by you, the City Commissioners at that time. Since April, our Committee has held 8 meetings. At this time, I would like to ask them to stand again, because I personally would like to recognize them. Please stand very quickly and then sit down. Thank you. I would first like to say how fortunate I believe this community has been to received proposals from two such emminently qualified development groups - JMB Federated, and the Rouse Company. Not only are both companies clearly qualified, but dealing with the Management of both of these companies has been a personal privilege for me. As required by the City's Request for Proposals, our committee has evaulated both proposals with respect to five specified criteria. These are, experience of the development team, 25%; financial capability, commitment and anticipated financial returns of the City, 25%; overall project design, 25%; project management plan, 15%; and ex- tent of minority participation, 10%. The Review Committee has devoted the middle five of its eight meetings to analysis of the two proposals to hearing from both proposers and to arriving at a ranking of the two projects. The first two meetings dealt with procedural matters. The 28 DEC E 15 1983 ld last meeting afforded the Manager an opportunity to meet with the Com- mittee, and to allow the Committee to explain and reaffirm its conclu- sions. The Committee voted to rank the two proposals as follows: The Rouse Company was ranked Number 1, with 10 votes and 58% of the work - sheet points. J.M.B. Federated was ranked Number 2. It received 1 overall vote and received 42% of the worksheet points. If you will per- mit me, I would like to take you through our thinking and our voting, on a very summarized basis, and I would like to attempt to answer any questions which you may have. It is also important that I clarify our voting procedures. On October 24th, we entered into an extensive discus- sion of how to most properly evaluate the proposals with respect to the five mentioned criteria. Our decision was in order to avoid possible numerical skewing, to utilize our numerical allocation of points, as individual work sheets on the basis of, and only after completing this quantitative analysis, each member was then asked to cast his vote to rank the proposers. There was only one vote for J.M.B. Federated as Number 1, or for Rouse, as Number 1. The numerical allocation of points helped us to arrive at a voting decision, which properly considered the review criteria, and their assigned weight. Mayor Ferre: Sorry, would you put that back on again? Mr. Weaver: Each member was asked to cast his vote to rank the proposers. There was only one vote for J.M.B. Federated, as Number 1, or for Rouse as Number 1. The numerical allocation of points helped us to arrive at a voting decision, which properly considered the review criteria and their assigned weight. Thus, you should understand, Gentlemen, that the vote was in fact, 10 t0 1, in favor of Rouse. I would like to enter into the record... Mayor Ferre: Or 40 to 60. Mr. Weaver: No, I am not saying that, Mr. Mayor. I would like to be very clear on this point. What we have, and the record will show, and the documents - the minutes of the meeting, prepared by a court steno- grapher will show that during the voting procedure, each member was asked to fill out a work sheet on the top of this page. Then, and only after having completed the work sheet portion of the page, each individual member of the Committee was asked to vote for (a) J.M.B. Federated Realty, or (b) The Rouse Company. I'll enter it into the record. I would also appreciate your indulgence and understanding that the Review Committee is made up of 11 individuals, each with slightly differing interpretations of each criteria. As such, I can only attempt to speak on behalf of the Committee, as a whole and not for each individual memoer.Several of the members are here, and I am sure they would be happy to answer any questions which you might have for them. The first evaluation criteria (and John, you can put up the first, if you have it there, thank you) assesses the experience of the development teams, including their specific experience on similar developments. The Committee allocated 164 of the work sheet points for 59.6% to the Rouse Company. While we felt that J.M.B. Federated is certainly capable of developing Bayside, we felt that Rouse's proven track record in this specific area of expertise must take precedence over J.M.B. Federated's equally proven, but far more general record in the development of more broadly based retail projects. While the Committee expressed some initial concerns about Rouse's willingness to commit its top people to Bayside as a priority project, and 3 of the experience criterion as near tie between the two proposers, the Rouse Company has satisfied us that have a reputation to uphold and that it would not have untaken this competition unless confident of success, and willing to devote the resources required to justify such confidence. We would, of course, like to develop specific permormance criteria in the City's negotiations with the selected developer, whereby we can assure that a full and adequate measure of the developer's corporate attention will be devoted to the successful completion of the Bayside Project. The second criterion was the financial capability, level of financial commitment, and anticipated financial return to the City. The Committee allocated 161.5 work sheet points, for 58.7% to the Rouse Company. A substantial amount of time was spent during the Committee session at- tempting to understand the financial implications of both proposals. We were fortunate to have available the resources of the Big Eight accounting firm of Coopers and Lybrand perform detailed financial analyses, and we have two representatives of Coopers and Lybrand here 29 DEC 15, W ld _ _ and we have two representatives of Coopers and Lybrand here today. Coopers and Lybrand's recommendations were unequivocal and were later reiterated in writing, in response to additional information submitted to the Manager by both proposers. The accountant's conclusions were as follows: 1) Both proposers are financially viable. 2) Both financing strategies are achievable, unless there is major deterioration in the financial markets. 3) Under both of the Rouse options, (a) and (b), the Rouse proposal offers greater return to the City. Even under adverse conditions, or revenue loss of 10%, Rouse's option (a) exceeds the base case for J.M.B. Federated. The committee discussed several concerns. Among them were the difficulty of comparing Rouse's percentage of net revenues with J.M.B. Federated percentage of gross revenues, and Coopers and Lybrand's decision to ex- clude from the analysis the economic impact of J.M,B. Federated's Trust Fund, Rouse's UDAG proposal, and Rouse's parking proposal. The gross revenues projected by Rouse were considerably higher than those projected by J.M.B. Federated. Coopers and Lybrand concluded that these projections were "agressive, but not unreasonable", and that on the basis of these projections, the Rouse proposals generated superior results under both options. Rouse's option (b) on the other hand, was sensitive to lower revenues and/or higher debt cost, and as such, would not be as attractive as J.M.B. Federated's proposal, were there to be a major economic down turn, or recession. J.M.B. Federated proposed the creation of a trust fund equivalent to 8% of total project equity. This contribution was not included in the initial financial evaluation, and would improve the J.M.B. Federated proposal by approximately $775,000, were we to include it. On the other hand, neither Rouse's proposed parking revenues, split with the City, nor Rouse's $4,000,000 lower requirement for City funding were included in the analysis. Inclusion of these items would demonstrate incontrovertible superiority for the Rouse proposal. It was felt, however, that shared parking income to the City should not be credited to Rouse, since J.M.B. Federated opted not to make a specific parking proposal, which could then be compared with Rouse. Were we to exclude parking deals from consideration, taking out all parking consideration, analysis of both proposals, and preparation of a statement of source, and application of funds shows that Rouse is requesting from the City a contribution of $4,000,000, while J.M.B. Federated is requesting $8,000,000. I will be happy to enter into the record a copy of a source and application of funds statement, which has been prepared for this purpose. In the Com- mittee's opinion, the J.M.B. Federated proposal is at best, roughly equivalent to Rouse's alternative (a) during the first 10 years. If the City's $4,000,000 lower cash contribution is considered, Rouse's guaranteed annual payment of $650,000 assures the City of a recession resistant in- vestment, while J.M.B. Federated would be paying a much reduced $300,000 guaranteed annual payment. Over time, Rouse's option (a) generates sig- nificantly higher financial benefits for the City. Over 45 years, Rouse generates 25.7 million dollars for the City, while J.M.B. Federated generates 16.3 million dollars. Those numbers, by the way, include the $775,000 of J.M.B: Federated And the $4,000,000 of Rouse's lower request from the City. It is clear to us that the Rouse proposal is superior to that of J.M.B. Federated under most reasonable scenerios. Of course, the City should take action to reduce its risk by insisting on the right to approve, or disapprove Rouse's alternate financing package. Since 92% to 95% of Rouse's net rental income is projected to be available for debt service, the key factor affecting the City's written profile will be the amount of debt service paid. In this context, I think it is very impor- tant to address the issue of net vs. gross income and the comparability of these two approaches. Analysis of Rouse's projection show that all but 5% to 7% of operating costs are passed through to tenant. This means that net income can be defined as gross income, less 5% to 7% less debt service. Assuming that it is possible to define the debt service number, which we believe it is. We believe it is reasonable, therefore, to com- pare a percentage of gross income, which is the J.M.B. Federated case, with a percentage of gross income, less quantifiable deductions, which is the Rouse case. So long as the City has control over the debt service number, and so long as the City has reasonable audit rights over operating expenses and pass-throughs, the two proposals are comparable. The third ld 30 DEC 151983 criterion evaluated was overall project design. The Committee allocated 158 points of its work sheet, or 57.5% to Rouse. This criterion, is of course, heavily subjective to personal taste, and this is reflected in the work sheet allocation. While both projects were carefully designed, the J.M.B. Federated design seemed out of character and scale with the waterfront, more of an architectural statement, a piece of sculpture, a building looking into itself, than the happy, active, casual and exciting marriage of the City and the bay. On the other hand, the Rouse proposal assured a festive, indoor -outdoor experience. It relates effectively to the park and to the bay, and respects most of the major trees on the site. If there is a criticism of this design, it is in the use of materials which may not adequately reflect Miami's architectural heritage. It is important that the City insist on some form of input into this part of the development process. The fourth criterion we evaluated was the project management plan. The committee allocated 93 points, or 56.4% to Rouse. It was clear that both proposers were competent to manage their respective projects, but Rouse impressed the Committee, because of its experience in other cities with its ability and its depth of under- standing of the problems associated with managing an urban specialty center. Conversely, the Committee expressed concern about J.M.B. Feder- ated's ability to translate its extensive suburban experience into an urban environment. The final criterion we discussed was the extent of minority participation. The Committee allocated 62 points to Rouse, or 56.4%. Both proposers responded in an enlightened manner to the issues of minority participation in employment opportunities, leasing opportunities, and project management. Both firms included minority owned professional firms in their development and planning process. Both committed to use minority construction firms and provide extensive sub- sedized leasing opportunities for Black and Latin merchants - to pro- vide venture capital and business assistance to such merchants, and to target a significant number of project operating positions for minority individuals. Finally, both established cash funds, or foundations for minority development. Mayor Ferre: Excuse me, I cannot read the number - Sergio Rodriguez, three and seven... Mr. Garcia -Pedrosa: Seven. Mayor Ferre: five to five out of five. Mr. Weaver: Finally, both established cash funds, or foundations for minority development. In these respects, we are confident that both proposers plan to include minorities to a much greater extent than that that was required or envisioned in the request for proposal. We did feel however, that neither proposer came out with a particularly exciting answer to the issue of minority equity participation. Several members felt that a more positive approach would be to provide equity purchase opportunities for those Black and Latin architects, engineers, con- tractors, managers, and even shop owner tenants, who would be involved in the various stages of planning, construction, and operation of the project. Summarizing our Committee's position, our individual analysis, and our group discussions, arrived at one, clear decision. While J.M.B. Federated presented a competent, carefully structured proposal, it clearly fell short of the Rouse proposal in most major respects. Our recommendation stands at 10 to 1 for the Rouse Company as our Bayside developer. Thank you. I would be happy to take any questions. Mayor Ferre: Well, Mr. Manager, I would recommend that we complete the presentation and then I would like to request the members, unless they are very quick kind of questions and answers, that we not get into a discussion until everybody has had an opportunity to present their positions. Mr. Gary: Mr. Mayor, I think it would be appropriate for me at this particular point in time to address the outstanding issue. Primarily, my presentation is the same as the Committees, as demonstrated in the memo I addressed to you dated December 14, 1983. I would like at this time, however, address my voting of the particular proposal, which is on Page 47 of my report, and for the five criterion, I have identified my -31 ld DEC 151900 4 4 vote for Rouse and J.M.B., and my totals are 70% for Rouse and 30% for J.M.B., which, in my estimation, clearly demonstrates the superior proposal of Rouse, as opposed to that of J.M.B. There are some outstand- ing issues, Mr. Mayor, that were raised during either the Committee's review, or my review of the proposal. The first issue that was raised dealt with net vs. gross, and the City Attorney has opined that issue and I will not second guess the opinion of the City Attorney. However, I have also stated that the intention of the gross vs. net was to insure that the City got the highest return for any project that we would joint venture with any private sector party, and I have given you as a con- clusion is the worse scenerio of a depression were taken and sales were non-existent, that the Rouse Company's returns would exceed that of J.M.B., based on the minimum guarantee of $650,000 for the Rouse Company vs. $250,000 for J.M.B. The second issue, Mr. Mayor, deals with the voting, which Mr. Weaver has explained to you so eloquently, and the procedures were not only established before the voting, but as a matter of record in the court reporter's statement. The third issue, Mr. Mayor, deals with the voting of the Director of Off -Street Parking. He has assured me that under no circumstances was his vote affected by the proposed favorable deal as proposed by Rouse vs. that of J.M.B., and as a matter of record, Mr. Mayor, and members of the Commission, the issue of the parking proposal of Rouse, which was more favorable than J.M.B., was excluded from consideration as a benefit prior to voting. The final issue, Mr. Mayor, was the issue of something that I identified through my review, and that dealt with the City's original proposal which said that the City would provide $8,000,000 worth of improvement to the 20 acre site and the Rouse Company only asks the City to contribute $4,000,000 to those improvement and I have made a decision to give Rouse credit for that $4,000,000, which was not given, or which was omitted from consideration the Committee and Coopers and Lybrand. With those outstanding issues being addressed, Mr. Mayor, I think that the matter of the Committee, Coopers and Lybrand and my recommendation, are closed at this particular point in time in favor of the Rouse Company, as opposed to that of J.M.B. Federated and it would be appropriate at this time, Mr. Mayor, to get the presentations of both bidders. Mayor Ferre: Any particular order, Mr. Manager? Mr. Gary: Mr. Mayor, for fairness, since this has been the philosophy of this whole process, I think it would be appropriate for the Mayor to flip a coin and decide who goes first. Mayor Ferre: Now the Vice Mayor can call it. Mr. Dawkins: Heads. Mayor Ferre: Heads, if it is heads, it will be J.M.B. first, tails it will be Rouse. Tails! So the first presentation will be made by the Rouse Company and second by J.M.B. Federated. Mr. Plummer: Mr.Mayor, may I ask a question of the Manager, quickly? I will ask it. Mr. Manager, I don't find a copy of the appraisal of he property. May I have a copy of the appraisal? Mr. Gary: Mr. Mayor and members of the Commission, that is to be done after the selection in turns of the return and to compare the return. Mr. Plummer: Mr. Manager, we will take up that argument later, but I don't know how you can ask this Commission to make a determination on gross or what, without having that appraisal, but I will wait until the appropriate time to argue the point. (INAUDIBLE BACKGROIUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: I'd like to thank the Rouse Company for making the decision for us quite early on the bridge to the port. Mr. Spear: The bridge is reflected as it was reflected in the City's drawing at the time the Request for Proposals were issued. My name is Michael Spear, Executive Vice -President of the Rouse Company, which is ld 32 DEC 151983 A 4 based in Columbia, Maryland. I am pleased to be here and we especially appreciate the opportunity to address the Commission. Before dealing specifically with our proposal, I would like to thank the Selection Committee, the City Manager and many individuals within the City Adminis- tration for the time and effort that they have spent with us in making their resources and time available as this process has proceeded. I think as many of you all know, we are active in many projects across the country and have been active in many competitions across the country, and I can say without reservations that the process under the unified development guidelines that have been established by Miami is clearly the most comprehensive process that we have encountered, and I can say without reservations unequivocally that that process has been conducted from our standpoint in a fair and equitable manner and we have been afforded every opportunity to make our proposals to the City. My intent today is not to try to restate all that we have gone through with Review Committee. I think, as you know, that is taking a great deal of time, and therefore simply by necessity it will be important to abbreviate much of the presentation that we have been making over these past several months. What I would like to do specifically, is to highlight the major features of the Rouse Company proposal for Bayside to underscore some of the differences between this proposal and the alternative proposal, and to provide some special focus on the economic issues that have been addressed, and then finally, we have brought with us an audio-visual presentation which will take approximately 10 minutes, which I think is probably the best way to understand the substance of what we are proposing for the site. Before dealing with those several points, I want to, at the risk of stating the obvious, state that from our standpoint, this is a great project. It is one of the outstanding waterfront opportunities that exist in this country. It is taking place in a great city. It is a project without any question, which will have both national and inter- national importance. It is an enormous opportunity for the private developer who is awarded the right to develop this property, and it is also an enormous opportunity for the City. We are talking about a very large project, a pro- ject which will have approximately $200,000,000 in initial investment by the private sector. It will generate over $2,000,000,000 in sales in the first 10 years of operation. It will attract 15,000,000 people a year. I want to give you some scale. Disneyland in California, or Disney World before it expanded did not attract 15,000,000 people a year. We are talking about enormous potential for attracting tourists. We are going to bring 200 new businesses into being. We are going to create 1,500 jobs during the construction period, and over 1,000 permanent jobs for the people of Miami, and through the various sharing proposals that have been made, this project will produce approximately $30,000,000 in immediate cash and direct benefits to the City of Miami in terms of first 10 years of operation. Maybe more importantly, our experience in other cities seems to demonstrate that Bayside will have a tremendous affect on downtown Miami. It will increase substantially, we have found, the amount of tourism. We would predict that in a number of very short years when this project is completed, it will be rare that anyone will get on to a cruise ship in this great port who will not have stopped and spent a day or two on the water- front of Miami, and we know that that is not frequently happening today. It will have a tremendous impact on the way people in Miami use their downtown. We have found in many other cities that people who have not been to the downtown for retailing or entertainment suddenly are attracted to the downtown in ways that have not been experienced before. And finally, the project enevitably will continue the momentum for downtown development that has already been taking place. As I indicated, we would like to focus on several points which we feel characterize this project. First, we believe, that as the Review Committee and City Manager have indicated, that this is right design for the site, and is the right design for Miami. The project is water oriented. It completely activates the edge in the area of the Marina. The buildings have been carefully placed on the areas which are currently used for parking, and on the auditorium site to mini- mize the disruption of the major landscaping and trees in the area of the park. The site plan has carefully incorporated the Grand Prix, has avoided the various sewer mains, has preserved and enhanced the various pedestrian connections to the Bayfront Park, and has established important linkages to the existing retail areas of the City. It is a project that we feel that is of Miami. It reflects the aspects of Miami. We know that there are some concerns about some of the materials which are used in the project, but I want to take this opportunity to assure the City that there will be 33 ld DEC 151983 V ample opportunity for direct input by people in the City with respect to the details of the design as it unfold in the coming months. Second, our proposal, and I think again it is supported by the results of the Review Committee and the City Manager, provides more extensive commitment to minority participation. I think unfortunately, undue attention has been focused on the question of who are potentially the owners, how each of the teams are included, minorities, whether there are four minorities on a team, or whether there are eleven members of the local community on the team. All that may be important, but final numbers are the important numbers. This represents a major commitment to minority participation. We have made the commitment in our proposal of 35% of all the construction contracts will go to minority owned firms, the controlled firms. We have committed that 50% of all construction jobs that will be created will be with minorities. More importantly, we have made the commitment that 75% of all the permament jobs that will be associated with the project will be for minorities, and we have made the commitment that 50% of all the merchants who will be accomodated within the project will be minorities. In addition, in the area of management, we have made the commitment to the city that a number of keys managers of this project will in fact, be from the minority community. This is especially an interesting aspect to the proposal, because typically, these projects are so complex, that it is necessary to bring people into management who have in fact, had experience managing comparable projects in other locations. This of course, almost automatically means that key management positions in the projects do not go to local individuals. We have for the first time in this project, made the commitment, that if selected, we will initially, even as we are beginning the design of the project, employ a number of individuals from the Miami community and place them in jobs in other Rouse Company owned projects, so that over the next two to three years, while this project is being developed, that we will be in effect be train- ing a number of people from this local community in other comparable Rouse Company projects across this country so that when this project is ready to open, that we can bring back to Bayside a number of people from this community in key management positions, and who who will in fact, have the kind of experience which is necessary in order to manage this kind of a complex project. Third, and I think this has been identified as part of the Review Committee process, the Rouse Company brings to this project extensive experience, especially downtown undertakings. These projects are substantially different than a regional shopping center. You are leasing these projects and we have experience doing this without benefit of anchor department stores. We are designing and constructing these projects where 80% to 90% of the tenants, who will in effect be small, local businesses from your community. This is very different from the design, construction or leasing efforts that is typically under- taken in a major shopping center where a vast majority of the tenants are national or regional chains. We have actual experience in implementing a broad range of minority participation programs in the various cities in which we have worked. We have had the kind of experience which will be necessary in dealing with security and maintenance in these downtown projects. We have had the experience which is necessary in handling the enormous numbers of people. It is hard to have you understand the impact of 15,000,000 people going through less than a 250,000 square feet of space. As I indicated before Epcot opened, Disney World attracted about 15,000,000 people a year, and we are talking about a small project, a single, small project which will have more people go through its doors in this one small area than goes through all of Disney World, or went through all of Disney World before it expanded with the Epcot component. A project such as this, and projects which we own in other cities like Boston and Baltimore can generate an excess of 20 tons of refuse a day. What I am saying is, that there are enormous complications associated with operating projects in this kind of a downtown environment in at- tracting and accommodating these 'huge crowds. The Rouse Company has also had experience through its development of the new city of Columbia in Maryland in actually operating and owning an amplitheatre located in a public park, and as I will comment in a minute, this has become an essential part of our proposal. We have the experience that will be necessary to the benefit of the project and to the benefit of Miami of promoting a project on a national and an international basis. As you know, most 34 ld -DEC InovA V regional shopping centers accomodate a relatively small market within close geographic proximity. Promoting a project like this, in downtown Miami has to be a national and an international undertaking, and that is an experience which we do have. We have been in partnership with cities throughout the country in Baltimore, in Boston, Philadelphia, Milwaukee, Santa Monica, and we have the kind of experience which it takes to under- take this kind of unique partnership with a city. Finally, we have experience with the Federal government and the UDAG program. We have made, as part of our proposal a suggestion that substantial UDAG funds could be available to this project. We believe it can, and we are pre- pared to work with the City in obtaining those funds. Our record is very clear in this area. We have attracted more UDAG funds to city projects across this country than any other developer. Next, as I indicated, we have made a special commitment to Bayside Park. We feel that the Ampli- theatre in the park is not just a neighbor to the project, but is really part of the project, and the project is part of the park. They are in- separable. In order to bring the park about, we have committed a $1,000,000 initial contribution to the construction of the park. In addition, while the City has indicated that it will provide $8,000,000 in improvements, we have assumed a commitment of approximately $4,000,000 of that $8,000,000 that we will spend ourselves, and have asked the City for only $4,000,000 of this $8,000,000 with respect to making improvements which are directly related to the project, regardless of whether there is a UDAG grant. This is a commitment with or without a UDAG grant. We will spend $4,000,000 and we asked the city only for $4,000,000. It is our hope, that the city will see fit to take that $4,000,000 and put it together with our $1,000,000 and effect provide the funds that are necessary in order to complete the amplitheatre and other major improvements in the Bayfront Park. And in order to further that, we are prepared to enter into negotiations with the City whereby we would undertake the development of the ampli- theatre in conjunction with the retail aspects of the park so that the amplitheatre can open in conjunction with the Bayside project, and further, based on our experience, it is in the City's interest, we are prepared to engage in negotiations with the City as to ways that we may be helpful in actually operating the amplitheatre, if that is again, the City so desires. And finally with respect to the points, which I wish to highlight, the financial aspects of this project are obviously of tremendous importance to the City. I dare say that while the weighting of the various ciiteria placed only 25% of the weight on the economic deal, I doubt very seriously whether a proposal which clearly won on other grounds, could have in fact won, if its financial proposals were substantially deficient to the other alternatives. There has been much conversation about these financial proposals and the benefits to the City. It was addressed ih our proposal. It was confirmed by the Coopers and Lybrand proposal. It was attested to by the Review Committee and its review. It was clarified in supplemental information which was provided by us and J.M.B. Federated. That informa- tion was then reviewed with Cooper and Lybrand again and they reached the same conclusion. It is our view that under set of reasonable assump- tions, that our proposal produces greater financial returns. It produces greater financial returns if the City wants to take risks. Our proposal is superior over a 10 year period, and our proposal is superior over a 45 year period, and I think the City Manager appropriately, and David Weaver appropriately identified a major factor having to do with the financing, and I want to indicate now as a matter of public record that we are prepared to subject the financing of this project to City approval, and we are confident with that additional protection to the City, that in fact, the conclusion that you have reached, comparing the risk characteris- tics between the various proposals, are in fact appropriate. In conclusion, I want to say that as I started out on this project, we know it is of extraordinary importance to the City and represents an extraordinary opportunity for the Rouse Company. Because we are so active in so many cities across this country, I want to take a special opportuntiy to assure you all, who in effect, have the final decision to make, that it is an important project to the Rouse Company; that we are ready to move forward now. We are ready to begin negotiations immediately, if selected - that we have a commitment to Miami and to this project to be the best that we can be. Our reputation demands that we succeed. We cannot fail. We will not fail here in Miami. We will produce a project that you can be proud of, and I think very importantly, we are a company who has been in business 35 DEC 151983 ld i 0 developing major facilities for over 30 years, and in that 30 year period, with the exception of two projects in Canada, which we sold for various tax reasons - in that 30 year period, the Rouse Company has never sold a major retail project that it has developed. We today operate every major project that we have developed. That is a long term commitment, and it is the kind of commitment that I think Miami deserves, and it is a commitment that we are making. With that I think you all see the model that is here on the table, the site plan that is leaning up against the projector, and rather than trying to spend time explaining the model at least at this point, if you would bear with our turning the lights down for a moment, there is a 10 audio-visual presentation, which I think will give you a very good feeling for what we are propsoing. Mayor Ferre: Ladies and Gentlemen, it is now 11:30 A.M. We will stay on this subject until it is concluded, but it would be my guess that the next subject which is the question of the housing will not come up until after the lunch break. My guess is that we will be on the subject for at least an hour, so those of you that are here on other subjects on the Agenda that wish to leave, come back at 2:00 o'clock. We will start the Commission meeting promptly at 2:00 o'clock this afternoon. (THEREUPON, AT THIS POINT, A TEN MINUTE AUDIO-VISUAL PRESENTATION WAS MADE BY ROUSE COMPANY WHICH WAS INAUDIBLE) Mr. Spear: Thank you. That does conclude our formal presentation. Mayor Ferre: All right, thank you very much. Now we will hear from J.M.B. Federated. Mayor Ferre: How much did they run? Mr. Ongie: 30 minutes. Mayor Ferre: I think out of fairness in all of this, we should probably move this thing over to the side a little bit. Are there any other presentations - are there models in any of the presentations? Evidently then, they do not have a model that they want to present, so I don't think it is necessary at this moment. I'll tell you what, let's move it out out of fiarness. Mr. George Knox: Mr. Mayor and members of the Commission for the record my name is George F. Knox. I am an attorney and a member of the law firm of Paul, Landy, Bailey and Harper, who represent J.M.B. Federated in this competition. It was my pleasure and privilege earlier, Mr. Mayor. Some of you were not here to be invited to render the invocation this morning, and to onvoke divine intervention on behalf of J.M.B. Federated at what appears to have been the eleventh hours, based upon decisions that have been made to date, and similar to the biblical story, the miracle did occur. J.M.B. Federated did acquire the ability to see the handwriting on the wall. None -the -less, Mr. Mayor and members of the Commission, we recognize that the City Commission is the ultimate policy maker and the ultimate decision maker in this City. J.M.B. Federated has chosen to make a presentation so that the City Commission can get an over -view of its proposal and make its own decisions about the relative merits and relative quality of the proposals that are before you. And in that con- nection, it is my privilege and pleasure to introduce Mr. Gene Sanger, who is the Vice -President for Development of J.M.B. Federated, Limited Partnership. Mr. Gene Sanger: Thank you, George. I would like to briefly run through our proposal for you, if we could have the lights off. We gave our project... Mayor Ferre: You are turning the lights on, will you turn them off, please? Just leave them alone, and we will turn them off here - thank you. Mr.Sanger: We gave our project a name. We called it Bayside in the Park, because we feel that the project - it is important that the project unify with the City of Miami. There are 3 elements, the Bay, the City, and the Park, and we designed our project accordingly. As for the City, it fronts on the park on the south side. There is some considerable .36 DEC 151983 ld distance between the center of business activity and the Bayside loca- tion. The Bay of course, is the center of commerce and recreation and the park is undergoing a susstantial revitalization with the proposed amplitheater. Our project dealt with the heritage of Miami going back to the earliest days when this site was used for commerce, the develop- ment that took place in the early 201s. It has always been important. We feel that Miami has superceded the ramshackle development that used to occur on the waterfront, and we felt the City was looking for some- thing frankly quite more elegant. It is important to us that the pro- ject not intrude on the marina, and we took that into consideration as we looked at the setting in front of the sparkling city. We prepared a plan showing how our project relates to the City, with a prominent frontage on Biscayne Boulevard, staying away from, frankly, the ampli- theater, so that that facility and the park would be able to bleed gently into the marina. We found a evocation of our project in buildings that save parks. These are park conservatories that come from the Vic- torian glass houses of the 19th Century. Our culture has thought us that when you see this building, you think of park, and you also think of city. You don't really see these out in the countryside, these large structures. This is a short of the propagation house at Vizcaya, and it is also in the archectural design of the 19ty Century glass house, and this actually came from the Vizcaya. It is where the current museum now sits. This is an example - this is the Bronx Botanical Garden in New York City. We translated this building into a splendid festival house at our site. You can see that it is a building emphasizes glass and rounded surfaces. We were asked if this is a hot house. It is designed to be built with additional materials besides glass, such as fiberglass and aluminum. We have an additional member of our architectural team besides R.T.K.L. of Baltimore and Joseph Middlebrooks of Miami, we have a third architect from Miami, who is currently building a building, using many of these materials and design features. You can see here the the Fourth Street gallery that provides a clear link to the City at Biscayne. It is visible from Government Center. You can look through the gallery and see the bay. We had three major elements on the project - the Bayside Market, which includes Fourth Street gallery, north and south food halls, international food fests, village shops, Biscayne shops, restaurants and cafes and entertainment plazas. This is a shot of how that building wou", look from the air. These are merchandizing plans showing that it is ., two level building, both the north and south buildings are fully air condi- tioned. They can however, be also fully opened in times of cooler weather, and when it is hot during the summer. The buildings are fully air con- ditioned. The Fourth Street gallery is fully covered, but unenclosed, so it provides protection from the elements, but also provides for cooling by the natural breezes. This is the second level plan, it shows circula- tion through the village shops and the international food fest. This is a shot inside the Fourth Street gallery that shows that it is a very festive and open space where people can gather. You can walk directly down to the Marina. The entire building stays away from the Marina's edge. This show how we can use canopies, arches, rollup garage doors, glass surfaces, in order to provide complete and total openness of the project during good weather. These are shots of various merchandising uses that you find ina festival market. We have a heavy emphasis on food and restaurants so that people can take items out into the parks for picnics. They will come up to the project in their boats. This is a shot of Tivoli Gardens in Copenhagen. We would decorate our building at night with festival lights, so it would become an attractive spot on a 24 hour basis. Obvoiusly, we have great experience in our project as shown in the vidio tape, we presented originally to the Selection Committee, conducting festivals and artistic events in our current projects, which we would bring here. This is a shot of the International Food Festival on the second level, showing the use of banners, interior landscaping, small kiosks and storefront shops. This is a nother shot inside the project. We would have traditional retaining, a fashion store, specialty shops, food stores, elaborate and simple displays of food, both, and toys for kids and toys for adults. We took our from our landscaping, the tra- ditional landscaping that was put in in the Bayfront Park in the period following 1925 when the filling in of the bay was completed and Biscayne Boulevard was first widened and extended, so this the landscape plan that was reflected here. It features a lot of low lying vegetation for secur- ity - natural, native plant material, easy to maintain. A second building in our project is the Florida Palm House, which would serve as a link be- tween the amplitheater and our project. It would include the great Florida 0 0 Cafe, a shop featuring Florida merchandise - the world's largest juice and smoothy bar, and also features space available for use by the City of Miami as a visitor's center as a place to welcome dignitaries visiting. The City is the place to advertise cultural events and sell tickets for some of the other important City owned projects around Greater Miami. This is a shot showning the relationship of the Florida Palm House in the center with Bayside Market in the upper right. This shows how the Florida Palm House - this is a much larger building - but again shows how a building like the Florida Palm House blends in smoothly with the park. And this is a rendering of our project. The Florida Palm House would be the one place where the feeling of an actual Victorian Glass House would exist. It would be entirely two levels from a large percentage of the physical aspects of the building so that we could have some large native plants in there. This show the Crystal Palace and the London Exposition and it shows how we could create with a dramatic stairway a feeling in the Florida Palm House coming out from the Amplitheater and walking down one level by the marina. An important issue in the project is festivals and plazas. We located them in three areas for use by organi- zations, the Orange Bowl, the Grand Prix, the Big Orange Festival, to name just a few. We have three different plazas. This is one - a covered trellis way that would serve not only as a rain protected way to get from the International Food Fest to Bayside Market Building up the Florida Palm House and the Reflections Building and the Marina, but also would serve as an area for temporary and permanent kiosks for use by various merchants and festival attendees and promoters. These are two shots look- ing in either direction, showing the use of various stalls and kiosks and how they would relate to the Marina. Again, we have a very wide promenade. Our project sets back from the marina's edge and is virtually fully in compliance with the setback requirements of the City of Miami. The last element of our project is the marina pier, which include recrea- tion of Pier 5, which is the home of the world largest fishing fleet, and the world's finest fishing fleet. This area has always been known as Pier 5, and it is important to us that the current arrangement of commer- cial fishing boats for pleasure use be given a destination and a promo- tion. It would also include the renovation of the existing Reflections Restaurant, using an architectural scheme again in the Victorian Glass House, which is adapted very well for the existing building, also creating a temporary home for the Miami Maritime Museum. We would take the Reflec- tions Restaurant and through the cooperation of the Joseph Baum Company in New York, which is an internationally known food consulting and manage- ment farm. They operate the Windows On The World. We would create in that building a restaurant called Windows On The Bay. It would be a tremendous facility overlooking the downtown Miami skyline. These are a few last shots of our project. Thank you, very much. Mayor Ferre: Gene, does that conclude the presentation and the statement? All right, at this point then, we will open up for questions from members of the Commission and after questions, then we will get into the comments, but I would respectly like to request that we limit it to two questions at this point. Mr. Plummer: Mr. Mayor, it is 5 minutes of. Mayor Ferre: Well, let's work the 5 minutes and get the questions on the record. Mr. Carollo: I have two basic questions that I would like to address to the Manager. One has been asked already by Commissioner Plummer, in part. I would like to add that I would like to see some figures, concrete figures on what that property is worth - what kind of appraisals have we had. I think it is vital for us to have that information before we can come to a conclusion on this, and secondly, I would like to have it clearly clarified to me and my colleagues in the Commission the net vs. gross with the Rouse project. I want you to be positively sure that by us accepting the net we are going to come out ahead, instead of accepting the gross. Mayor Ferre: All right, before we get the answer to that, I would like to just run down and get all the questions on top of the table and we are going to take a lunch break and then we will come back and discuss this. Commis- sioner Dawkins? Commissioner Perez? 38 DEC 15 1983 ld - 0 Mr. Perez: Yes, what I would like to clarify for the record is first, why do we receive all this information, especially the Manager's recom- mendation just about a few seconds before this Commission meeting? I didn't have enough time to study and analyze the recommendation. The only information that I have is what I read in the media yesterday and the day before. Also, I would like to have the opportunity to compare this project with other projects of similar cities, or similar projects of Boston, or Baltimore, where we were last year with the Mayor, and I would like to have the opportunity to compare the results of what they have there and what we will have in the City of Miami. Mayor Ferre: Commissioner Plummer? Mr. Plummer: Mr. Mayor, if what you are asking is to proffer our questions so that after lunch they can come back with answers, I guess the best way I can do this is just to run down and give you the areas of my concern. First, is the return to the City of Miami. The second is in relation to the UDAG grant. Third, I don't see a clear-cut thing for the Grand Prix. Parking, as it relates to the marina users, how high the parking garage or structure would be. I am concerned about the amount of boat slips. I understand one of the proposals, or maybe both, eliminate some boat slips. I do not see any other proposals for any other projects that they are in- volved in, nor the arrangements that they have with other ... I guess I am saying I want this city with Favor the Nation clause. I have not heard anything in relation to transfer rights, as to being able to transfer their assets. I don't hear anything in reference to a buyout if they fail, and I want further clarification on the City putting up $4,000,000 in improvements and what return or payback to the City that will bring about. Those are the main areas of concern. There are others, and they are minor, but those are the proposals that I will want answers to. Mayor Ferre: The questions that I have, I would have of both firms, and that is, of the commitment to immediately proceed with this project. In the case of the Rouse Company, I would want the answer as to how quickly they would proceed vs. their commitments in other cities, including Jack- sonville, and whether or not they would be prepared if a contract would be negotiated to begin the construction process and the permit process immediately, and what the estimated time of construction would be before we would inaugurate this project. The other questions were covered by the other members of the Commission. Are there any statements before we break? Mr. Plummer: It is 12:00 o'clock now. We will be back at 2:00 o'clock. Mayor Ferre: Well, just wait a moment, please. I am asking if anybody wants to make any statements before we break, and then if not, we will then get the answers and we will take the statements from the members of the Commission. Are there any statements at this time? I just want to briefly say that I for one would be honored either one of these projects moved forward. I think either one of them would be a great addition to the proper growth of this community, and I hope that we can proceed as quickly as possible with this important development. I also wnat to stress my commitment, and I would hope the City's commitment to the integrity of the process, which I think needs to be strongly underlined as we get into the discussion of this project. We will be back at 2:00 P.M. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS AT 12:00 NOON, reconvening at 2:20 P.M., with all members of the Commission found to be present except for: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Id 39 .DEC 151983 4 # ---------- ---------- ------------------------------------------------- 18. PLAQUES, PROCLAMATIONS, SPECIAL ITEMS, ETC. --------------------------------------------------------------------- Commendation: To Mr. Luis Licea, Director of the Drivers License Presented Division of the Florida Highway Patrol, for his services to the community. Commendation: To Mr. Orlando Sanchez, for his efforts in promoting No Show sports amongst our youth and his involvement in community activities. Key: To Mr. Juan Aguilar-Casals, Director General of Presented Hoteles Plaza, Madrid, Spain, who is in Miami on a tourism promotion trip for the benefit of our two cities. Holiday Greetings: From the children of the Miami Day Care Centers. Presented 19. CONTINUATION OF SELECTION IN RANK ORDER OF A FIRM FOR THE PLANNING, DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A SPECIALTY CENTER TO BE KNOWN AS "BAYSIDE". THE ROUSE FIRM WAS THE SUCCESSFUL BIDDER. Mr. Manager, there were eight questions that were asked. One dealt with appraisals, the next dealt with the net vs. gross explanation. The third dealt with returns, UDAG applications, Grand Prix, favored nations clause, and the question of transfer rights, and last the question that Mr. Plummer asked about paybacks. Mr. Plummer: Or buyouts. Mayor Ferre: Of the $4,000,000 investment of the City of Miami. Mr. Plummer: Also, Mr. Mayor, if they fail, what is the City's right of recouping or buyout? Mr. Gary: Mr. Mayor, with regard to the first question, the appraisal - first of all, I would like to say that the RFP process is a process to discern the difference between the bidder in terms of determining who is the best. The appraisal process occurs when you negotiate a contract in terms of the final offer, at which time it is appropriate to determine whether or not that is a fair return. There is no contract has been de- cided upon and no firm decision in terms of the benefit from a particular contract has been decided upon, it would be inappropriate to make that decision. I would like to bring your attention to Section 3 of the Charter, and specifically Section "f", sub. 3.b. The terms of their contract...let me read this again in part: "City shall lease to or contract with private firms or persons for the commercial use or management of any of the City's waterfront property only on conditions that (a) the terms of their con- tract allows reasonable public assess to water", but (b) is the key item which says "In terms of said contract result in a fair return to the City, based on two independent appraisals. Mr. Mayor, since we do not have a firm contract, it is very difficult for anybody to make a determination and that is to occur in the negotiation process for a contract. Those appraisals will be done, Mr. Mayor, once a firm contract is done and a comparison can be made between whether or not the City is getting a fair return on the value of that contract in view of the rights that will be granted to the person who will be contracted with. Mayor Ferre: All right, Mr. Plummer? ld DEC 151983 6 f Mr. Plummer: Let me take a little bit of disagreement with that, Mr. Gary. First of all, let;s use Monty's. I well recall that it was your demand, sir. that before anything be done, including the RFP, that two appraisals be done so that there could be a determination made, so you know, I think what is good for the goose is good for the gander. Now, where I've got a problem, Mr. Gary ... Mr. Gary: Can I respond to that? Mr. Plummer: If you wish, surely! Mr. Gary: There is a difference.First of all, Monty Trainer's property will require two appraisals. The first appraisal which I demanded was an appraisal to determine the value of the lease that was in existence, so that there would be an understanding in the RFP of what the buyout price would be for those that would bid.After that would occur,we still would need another appraisal to determine what they have proposed in terms of a successful bidder is a fair return, so there are two different appraisals with regards to Monty Trainer. Mayor Ferre: There is another issue involved in this appraisal question. The issue is that Monty Trainer is in place and has a 24 year lease, so he has something that he owns and is of value to him. Now, whether or not, the appraisal therefore becomes germaine, because it is different from ... in this case the land is owned by the City of Miami, and the goose and the gander application is that obviously, whetner we go with J.M.B. Federated or with Rouse, the appraisal aspects of it as a dividing factor is equal on both sides, so if the land is worth $10,000,000 or $20,000,000, then it is equal in whichever deal we agree to. The only difference is, the return on investment, and that I think the Manager has appropriately answered by saying that before we finalize any contract, that appraisal will be made and that is part of the negotiating procedure. Mr. Plummer: Mr. Mayor, where I have a problem, I guess, is in the fact that there are normal - what I would call normal accepted ways of doing business, and the normal, accepted way that you do business is you get all of the facts so that you are able to separate it from the fiction . Now, I don't disagree with what you said that it applies to either party, but let me try to do just a little bit quick mathematics for you. We are talking about 20 acres of Bayfront Park, probably the most prime real estate in this community. Recalling very quickly that when we bought the F.E.C. property, we paid approximately $1,000,000 an acre, about. Now, if we are talking about 20 acres at $1,000,000, that is $20,000,000. A fair return, I think in anybody's market, and I will acquiesce to my banker, or soon to be my banker, of 10% fair return on an investment. I think that is within a ball park. Now, 10% tells me then that the City's return on any propo- sition that goes there should be a return in the neighborhood of $2,000,000 a year, just on the property. Now, the other question, which is further down your list, which I would hope that you would have addressed, was about the City putting up $4,000,000 for improvements, because then if we are talking about the City laying out for, without getting it back, then we are talking about $24,000,000, 10% return would be 2.4 million return to the City. As I understood the stuff that you sent to me, Mr. Gary, it is the proposal of that company which you recommend, they are talking about in the ball park of $650,000 return a year to the City. Predicated on that, I seriously question, do we want to pursue with either company, as when we start speaking to a fair return to the City. Now, I think that is a very, very important factor. Do we really want to go from this point forward?...or do we want to take the third option and throw out both? And I don't know how you can do that without an appraisal as to that the property is worth. Now, if we were in a ball park that says that City's return is $800,000 and they are offering $650,000, yes, I think that is negotiable. I think that is negotiable in your negotiations before a final contract, but I think where the spread is conceivably so far apart, I don't know that this is negotiable, that far, and that is my concern. Now, you address that if you would. Mayor Ferre: Mr. Manager, when you address the issue, I want you to also cover the spectrum of good faith, because the calculations that Mr. Plummer made in three minutes could have just as easily been done when we approve the RFP, and then we could have said -that it is our opinion that 41 1d DEC 151983 the land is worth no less than $20,000,000 and we want a return of no less than 10%. Not having done that, we have put this City, a series of citizens through a tremendous amount of work, not to mention the well over $500,000 and perhaps closer to $1,000,000 that has been ex- pended by two important national firms to put together these proposals. Now, for us, and I say this with the highest regard and all due respects to my colleague, J. L. Plummer, at this juncture to come up with a point that we should have done at the beginning of the process, not at the end, seems to me, will be a major front page story in the New York Times and Wall Street Journal tomorrow, it will certainly be covered by Business Week and every other trade journal and I am afraid we will never get any kind of a bid for anything on anything. Now, the second aspect of it, that I think is of concern, besides the question of continuity and the integrity of the process and the City, I think has to do with the timing. I really think that if we hesitate a great deal on this, that I am afraid we are going to see no project at all, and if that is what we wanted, I think we should have stopped it somewhere along the line, before a great deal of expenditure and effort money would have been gone into it. Now, the question of the value of the land is something which is also relative. We, the Commission, on a three to two vote for the last seven years have voted for Watson Island. Now, what is Watson Island worth? We have built the Knight Center. We have done a lot of investments of this sort. I think that we have to take into account the value of the business that will be brought into the Miami area - the number of tourists that will be coming here. When we made our deal with Earl Worsham, Earl Worsham on the New World Center has a lease which is extremely low! Whoever ends up with that lease, if they sell that lease - we knew that we were giving them a lease at a price perhaps way under value to what it would be worth in 1985, or 1990, but the point of it is that we wanted that building built as a World Trade Center, and that is how we induced UDAG grant and so on, so please, when you cover in your answer, I would want you to ad dress those other issues also. Mr. Plummer: Let me address the Mayor's statement. First and foremost, Mr. Mayor, I am not trying to stop this process. I think Bayside is something that this community is going to be a nucleus, a sparkplug as was the Knight Center, the Convention Center for downtown, and in no way do I want to in any way infer that I am trying to stop it, so I don't want that. My responsibility, as is yours, is not to the New York Times or to the Wall Street Journal. Our responsibility is to the people of this community, and that is what I am worried about. They can blast me tomorrow morning, as the Herald does, and others do - you and I. My responsibility here is to get a fair and good return to the City of Miami, that is all I am concerned about. Now, as you will well recall, Mr. Mayor, there was a rush, rush, rush, on the RFP. Let's put it to- gether, let's get it out, let's get it done, and sometimes, yes, there are mistakes or oversights. I am merely bringing this up so that Mr. Gary knows where I am when he goes to negotiate and I hope that I don't have to say that, but I am putting it on the record - Mr. Gary, I hope that you are going to endeavor to do the best for this City that you can in the negotiations, but I still would like you to answer this question. Mayor Ferre: J. L., I apologize, because I misunderstood what you said, and I now understand clearly what you are doing is, you are strengthening the Manager's hand. Mr. Plummer: Exactly! Mayor Ferre: I am sorry. I understand. Mr. Gary: I thank you for that strength also. To give you a similarity, Commissioner Plummer, first of all, I would like to say this is the same process we followed the selection in the Cable TV, wherein we made the distinction between the best firm and then we began the negotiation process, and as you will recall what was proffered by the firms initially was to make that initial decision, but what was actually agreed upon was considerably higher to insure that the citizens of Miami got its fair return. I think it is also importnat to note that when you make a com- parison in terms of the value of land, I think you also have to take into consideration the differences in prices of land, based upon a price where people have increased F.A.R. vs. those that do not. Conversely, you also have to take into consideration the right of a firm to do something in an area on a piece of land that normally would not exist if this City 42 0EC 151983 . 6 9 Commission had not given it that right, and all that you will plan to take into consideration. I cannot say that whether Rouse got the proposal or J.M.B. got the proposal - I can tell you emphatically that there will be some modifications to either of those proposals in terms of returns to the City, and that is the time when the decision is made as to whether we are getting a fair return, and that is the time when the City Commission makes a decision as to whether or not they think they are getting a fair return. But the initial decision is to make the distinction between that firm that this City Commission chooses to do the project vs. others, and the second step is to make the determination as to what they have finally placed in a written contract is fair and reasonable in terms of the returns that benefit the City of Miami, and that will occur prior to this City Commission making a final vote, but only after a measurement can be established for an appraiser to make an intelligent decision, which is that contract. Mr. Plummer: Speak to the $4,000,000 of City involvement, if you will. Mr. Gary: In terms of the $4,000,000, through initial discussions, Staff thought at that time, and the City Commission also supportea by passage of RFP, that in order to get people to bid on this process, and I would like to bring you back into history, there was a concern on the part of the community, and particularly some people in the Miami Herald - that time it was Mr. McMullen - that the City of Miami was going to just open this Bayfront Park site and give it to Rouse. That was the concern at that particular point in time, and we, in an effort to get as much competition... let me back up - that was not the case - but, in order to get more compe- tition in terms of getting more bidders, because we felt that it was im- portant to have more than one bid in this process, that we felt that we would have to give them some incentive to bid other than the fact that you have Bayside, and one of the incentives was that we, The City of Miami would contribute $8,000,000 worth of public improvements, which is a very significant amount of money for that particular area to attract more people to come in so they can compete equally with the Rouse or the General Motors of this type of business. In the both proposals that we received, J.M.B. Federated said that they would take the $8,000,000 the City is going to give them and do the improvements. Rouse has said "We would only take $4,000,000 of your money, but we will still do $8,000 worth of improve- ments", which means that the City of Miami would not have to spend $4,000,000, they originally approved. I would like to state too that that also can be a negotiable item during the contract period. There is a possibility that whoever is the successful bidder may say "We will pay all of the capital improvements", or the successful bidder may say "We will do it, and we will finance it over a long time period of time and we will take it out of your proceeds". There are a number of options to that. That is a negotiating item that we will take up under the negotia- ting process. The second issue that was raised, and I have 14 as opposed to the original 8, as Mr. Mayor had said, which addresses the net vs. gross. And I need to say, first of all, that my report said, and I think it is included also in the City attorney's opinion, because we had dif- ferent descriptions of what was net and what was gross, (gross revenues, gross receipts) there was some ambiguity in what net vs. gross meant, and there was no real definition that was given at that particular point in time. However, as I stated in my letter to you, the intent of this City Commission was to insure that the bottom line was that the City of Miami got the highest return from a proposal from a developer, and in the cases that exsist between J.M.B. and Rouse, the City of Miami gets a better deal from Rouse, just based on the minimum guarantee alone. But I would like for the experts, Coopers and Lybrand to discuss how they analyzed that, because these were the people, that according to our RFP process, our unified development process, would asssist in understanding the complex financial issues related to any proposal we got. Yes, sir? Mr. Plummer: $650,000 proposed, is that it? $650,000? Mr. Gary: Minimum guarantee. Ms. Maureen McAvay: My name is Maureen McAvay. I am a real estate spe- cialist with Coopers and Lybrand. On the net vs. gross issue, as I think has been stated before, gross fundamentally is all of the revenue which comes in to the project, and it is a fairly straight forward issue. On 43 OF 151983 6 9 a net basis, we are looking at, really, if you will, the bottom line with a profit from a company or net cash flow, as it is often called, and the net cash flow can be defined as the revenue minus the vacancy, so that you have the actual revenue which comes into a project. You will then take out all of the operating expenses and the Rouse Company indicates that they will look at net leases when they lease to small tenants within the project, and by that is meant, and this is common within the retail industry that the operating costs of actually running the entire project will be passed through to the tenants and this generally includes in- surance, property taxes, common area maintenance, cleanup and so on. So that you then have income minus operating expenses and then you take out all of the debt service and you then receive net cash flow, and this is what we are talking about when we look at the gross vs. net issue. I might add that when we consider the Rouse proposal in specifics, we con- sidered the fact that since we will know what the terms, or at least the City has the option of knowing what the lease conditions will be, and it is necessified that they will be triple net leases to our absolute net leases as they are known in the industry, and you have discussed this morning, the fact that the City has the option of approving the debt service. I believe Mr. Weaver was stating earlier this morning that you have fairly comparable proposals, you will know within at least a reason- able amount of certainty what it is that you are looking at. Mr. Plummer: Question, since the City's return is predicated on a minimum guarantee, who determines what are expenses? Ms. McAvay: The expenses ... The issue of guaranteed minimum payment is not related in any way to income, or expenses. This is simply the guaranteed minimum rental payment which is made by the proposers regardless of whether he sells the first article. Mr. Plummer: What is the formula for above minimum? Above minimum then relates, in the case of J.M.B. Federated, as a percentage of gross revenues as Maureen has explained, and in the case of Rouse, it is a percentage of net revenues, which is defined as gross revenues, less operating expenses, less interest on it, carried. Mr. Plummer: Okay, that is the key. The City has found itself in a num- ber of cases - Mr. Gary, you will recall very, very well - right next door, in which there were some questions raised as to what were legiti- mate expenses and chargable to expense where you came about the figure of net. Now, what control does the City have over a expense borne by them to when we come to the net? Mr. Gary: The controls, Mr. Plummer, is first of all, what we decided doing the negotiation process. And that is on any proposal, whether it be John Doe firm or not. If you recall, we have about 2 or 3 agreements that we have with people now where we have to approve the expenses. A good case in point is the Grand Prix. They have to submit the budget to us, and we have to determine whether it is reasonable or not and our decision is what is binding. Now, that is written into the contract. We have got to be reasonable, but obviously we don't give them the ultimate decision in terms of what the expenditures are. As an example, we would not allow them to put 50% of their corporate headquarters (overhead) as an expense to this particular project. Obviously, there is overhead, but there won't be 50%, and without making that determina- tion in the contract, then they could go haywire, and we don't permit that to occur. Mayor Ferre: You know what is happening here, Howard and J. L.? I think what is happening is, that you are making a judgment based on a final work product, and the work product is not finished. The Manager, and I would imagine you are appoint a negotiating committee. You are going to have to come brick with a recommended proposal of a contract, and I think that is when we deal with the issue - all these things that I think you are bringing up and I think they are right and now that I understand what you are doing, I concur. EF Id DEC 15 19$'• 6 W Mr. Plummer: Mr. Mayor, I guess what I am really doing, is I am putting everything on the record for the purposes of the Manager understanding where I am coming from and where I am going to be at the time that he brings back a contract. Now, you know, Mr. Gary, I have to say this for the record. It is proposed to by you today to pay Mr. Iaconis $45,000 over a discrepancy, and he is serving as a CPA over what we had as an iron clad contract with this here contract. I am trvinq to avoid that. I know there are the same discrepancies we are havinq in the Kniqht Center, as to what is legitimate expenses, who controls them, who says how they are beinq spent and things of that nature, okay? And I think it is a very legitimate concern when you are speaking to net. Gross, there is no problem with, because gross is the total number of dollars you take in. Mr. Carollo: That is why I think we should look at cross and not at net, because it is going to be one fight and one battle after another to get that ... Mr. Plummer: Joe, as long as you have clear cut definition as to what is expenses - if we control expenses. and we have the right of approval. I have no problem with net. okav? I would rather deal from net. That is a cleaner operation. Mr. Carollo: J. L., the only thing you can do is cut your losses by adding some of the things we are discussing here now, but there is still going to be so many loopholes, like going net,.... Mr. Plummer: Well, okay, I am just... Mr. Carollo:....that you just will never have.by going gross, and that is what I would like for the Manager to do when he sits down with the Rouse people and just look at the options that they might be willing to compromise and maybe go on back to gross instea4 of net. I think in the long run it is going to be a lot less risk here for the City and it will be a better proposition. rtnidentified: Mr. Mavor. Mayor Ferre: Yes, sir. unidentified: Mr. Commissioners, may I suggest that when we take a look at the proposals and the specific numerical projections which have been made by both proposers, one of the things that the Rouse Company does in its proposal is to specify its planned objective operating expenses. I would imagine that your City Manager would negotiate two key items' in attempting to come up with the best possible contract for the City. Number 1 is the level of acceptable operating expenses on a projected annual basis and Number 2, is the annual debt carry, which is going to be acceptable to the City. If you take those two factors into considera- tion, and you have them locked in, then Rouse's net and J.M.B.'s gross are absolutely comparable figures. There is no difference between the two. Mr. Plummer: Well, there is no difference between the two proposals. There is a big difference between a gross and a net figure. Mr. Carollo: David, maybe you could explain this to me - if there is so much more advantageous for us to go net, why did they not just go according to what the R.F.P. stated and bid on the total gross? I can only imagine that the reason that their bid included net was that they had figured out that in the long run, it is going to be more ad- vantageous to them. Unidentified: The fact is, under our projections, and even under our projections, we do project that the project will lose money in its initial years, and that it will then begin to make money after a couple of year and then the gross and cash flow and net cash flow will continue over a period of years, so in effect, what we are doing, is we have made a proposal on a basis in which in order to alleviate the amount of rent that we would have to pay at the early years, they are prepared to give up more rent in the later years. In other words, we would rather pay 45 DEC 15 1983 6 W more when we are actually making more then be committed to pay an even amount - the more even amount, the more guaranteed amount over the entire course of the lease, but have to pay that amount in effect, in the early years, when we are, in effect, losing money, so you know, again, there are a lot of ways that this can be cut, but the fact of the matter is, contrary to what you were saying, the proposal that we made will cost us more in the long run, but we have made that trade off in order to provide us with a lower burden in those first several years when the project is getting going, so that even if we were to take the projections that we have offered, we project, as is the case in all the projects, that it does still take 2 or 3 years for the project to get off the ground, to iron out the kinks, to deal with tenants that may not succeed in their early years, to replace those tenants, and it is a real shake out period, and from our standpoint, we would like to reduce our risk during that shake out period, and that is why our proposal focuses on net, not be- cause it is advantageous over the long run. Mr. Plummer: Your financial projections ... Mr. Spear: That is right, but we still have a minimum responsibility, and we still have established a base rent. There still is a certain base rent. You know, in the two deals, in one case, we say that we will pay the City $650,000 irregardless of what happens with that project and we will share with the City 15% of the profects. In the second proposal, we say that we will pay the City guaranteed amount of $250,000 a year, a lot lower than $650,000, but we will give them 35% of the profit, so that it is an issue of trade off in risk. If the City theoretically in a negotiation, there could be a base rent figure in which we would be prepared to pay, and not give the City any percentage of the profit. Mr. Plummer: What does your financial projections show before you start breaking even? How many years. Mr. Spear: We show that in the first partial year that we open, that we lose money; that in the first full year of the project we would lose money and second full year of the project, we will just about break even, and in the third year of the project, we are then beginning to build up in cash flow and then we produce cash flow growth at about 20% per year, which is about what we experienced in our project. Mayor Ferre: Is that what you experienced in Boston and Baltimore? Mr. Spear: Exactly, almost in all these projects, the initial years are the tough years, and therefore, in effect, using the two proposals we have made, we are saying to you, we would rather give up 35% of the profit vs. 15% of the profit if you will allow us to pay $250,000 a year in rent, rather than $650,000 a year in rent, and I am sure there is some figure in which, you know, if you were to say to us in one extreme, well, suppose we were to require no minimum rent, no guaranteed rent, how much of the profit would you be prepared to give up, I am certain there is a number that can be negotiated. On the other end, if you were to say what kind of base rent would you be prepared to pay if we were to take no percentage of the profit, I am sure there is a figure at that end. Mr. Carollo: Are you going on net on any of the other projects that you have already? Mr. Spear: Are we going on net, you mean in participation with the City? Mr. Carollo: That is correct. Mr. Spear: All of our deals with cities in which they are in a partnership position relative to the bottom line, and that is in Milwaukee, and it is in Boston and it is in Baltimore, all of those deals are based on a per- centage of net cash flow - net profit. They are all similar to the proposal which we have made to the City of Miami. Mayor Ferre: But, the key point is, since we are not there yet, we are not at the point where we crossed the bridge. The question from the two Commissioners are, "Are you willing to negotiate the issue of gross?" Mr. Shear: Yes. Mayor Ferre: Okay, because at this point, I don't know what the Manager and his ld team. DEC 15 1983 are going to recommend, so I am think we need to leave them that flexi- bility and then at that point we can get to the discussions to what we think is best. The City Attorney has instructed me to make a statement into the record, Mr. City Attorney, and I want you to make sure that this is correctly worded. "We cannot accept any new proposals, no matter how beneficial they are to the City at this time. The appropriate time to discuss the benefits would be after the contract negotiations are concluded." Now, did I say that correctly? Mr. Garcia -Pedrosa: I couldn't have said it better myself, Mr. Mayor. Mayor Ferre: You said it! I wrote it down, word for word. Okay. Now, let the record reflect, in case we get into legal grounds, that we are not in any way. modifying or changing any of the proposals at this time. That is something that after whoever the winner is, whether it be J.M.B. Federated, or Rouse, after the Manager and his team conclude the negotia- tions, that is what we are going to be talking about at that time. Mr. Garcia -Pedrosa: You are talking about the Commission. Of course, the Manager's team, Mr. Mayor, can include that very much in their nego- tiations. Mr. Spear: And I would like to make it clear also for the record that we are not offering any additional proposals as the basis for the Commission's decision. Mayor Ferre: Okay. All right, next question, Mr. Manager. Mr. Gary: The next question, Mr. Mayor, dealt with a concern by Com- missioner Perez, which you asked why did we aet information at the last minute, and I stated earlier - first of all, you got the copy of the report in September, of the two proposals. Secondly, that the meetings between Rouse and Federated - there were two meetings that occurred - my review with the Committee, and because we had meetings back to back, normally the five day rule is waived, and that is why you got the infor- mation when you got the information. Fourthly, in terms of comparisons with other cities, we did have a team that went and looked at Harbour Place and Fanuer Hall. I think there were three of us that went to that facility. I think if you read both reports and particularly the summary. you will see a synopsis of what those other facilities are all about, particularly as it relates to the Rouse Company, which obviously has much more experience, and I think the bottom line is a decision has to be made based upon what they have offered you here today. The fifth question was the return to the City which Commissioner Plummer and I just finished discussing, and it is my opinion that that is up for negotia- tions and that we can't go above what has been proposed, and we can't go under what has been proposed. In terms of the next question which addressed the Grand Prix, both firms have conveyed to me that they have had discussions with the sponsors that organizes and operates the Grand Prix, and that they have included in their plan - I can recall a chart by Rouse which even demonstrated where the route would be, which was a route that was approved by the Grand Prix, so there is a provision for that. The next question deals with the parking and height. That is something to be negotiated. We move the parking proposals out. There will be a height limitation, which is consistent with the limitation that exists in R.F.P. If there is any requests or decisions during our negotiations from Staff, we monitor that, that would modify that height, we would have to come back to the Commission, but right now, we have a height limitation which is in R.F.P., and we plan to stick by that. Mr. Plummer: There was another question in that, Mr. Gary, and that is, I know a model is a model, but you know, also, we are concerned with the marina, and from what I see, parking primarily is going to be approximately where the auditorium is now, and the access for the private docking (I am not speaking of the commercial) that if I owned a boat, and I was docked at the Miamarina, and I have got to provide for where we have parking now, as opposed to walking from over around the auditorium area, having to walk the entire area around, or bring stuff aboard my boat, I want that matter to address, because if we don't, I think it is going to have a very serious effect on the vacancy rate in that marina. 4'7 DEC 151983 ld Mr. Gary: If you looked at the Rouse proposal, you will see that they had a cobblestone street, which would provide access to the marina area for just what you talked about and obviously, the times of scheduling of those deliveries would have to be worked out and negotiated with the current operator of the marina and it has to be subject to this City Commission's approval, but that has been provided for. In terms of the number of boat slips, obviously we cannot minimize the number of boat slips in that area for the mere fact that we have an on -going agreement and obviously you can't nullify one contract with another. Mr. Plummer: My concern in that area, was the City's bonds on the re- flections and the marina. There are outstanding bonds, and the revenue generated predicated those bonds. I don't want to put those bonds in jeopardy, as far as having a company call them and say "Okay, now you have to pay them up, because you broke the indenture". Mr. Gary: Well, we don't have any bonds outstanding. That facility was built by a company that runs it now - Restaurant Associates. Yes. it was, it was on our land. I don't know of any bonds outstanding, at least I haven't been budgeting that item. Mayor Ferre: UDAG. Mr. Gary: The next issue was the UDAG. The Mayor and I, and other staff members met with members of the UDAG Administration from Washington... Mayor Ferre: At their request. Mr. Gary:....at their request, who had expressed a desire to put more UDAG money in the Miami area. As a matter of fact, they said they were disappointed that we had not applied for more money and that they had targeted Miami as a prime area for placing UDAG, and I must add that this was prior to this whole process getting under way. Secondly, I would have to say that in view of the success and the precedent that has been established with the regard to the utilization of the UDAG for projects of this nature, I would probably surmise that that precedent and that success, coupled with the interest expressed by the Republican Administration to put more UDAG money in this area, we may be somewhat successful.) Mr. Plummer: But this deal with Rouse is not predicated on the City guaranteeing nor participating in that UDAG grant. Mr. Gary: This deal is not predicated on the fact that we have to get a UDAG in order for it to go. That is first of all. Secondly, the City would have to participate because UDAG's are given to cities which there- fore is turned over to a development, or to a private ... Mr. Plummer: If it is approved! Mr. Gary: If it is approved, over to the project. Mr. Plummer: My concern is - let me ask you if I ma�taini8rz� my legal beagle over here, approximately what are yd lars in the UDAG grant? Mr. Gary: Oh, excuse me. The proposal that was submitted by Rouse was $8,000,000 to $12,000,000. Mr. Plummer: Okay, $10,000,000. Okay, if they are not successful in the UDAG grant, my concern is that nothing in this negotiation is predicated on the City supplementing, or the City guaranteeing any monies that they don't get. They have got to pick up any deficit. Mr. Gary: The will finance this without any dependence on UDAG, and I must add to you that UDAG is not a gift. A UDAG is a loan to them, and the benefit they get is, first of all, access to capital, and secondly, a favorable interest rate. If I may, the bottom line is, this deal is not dependent on them getting a UDAG. DEC 151983 ld Mr. Plummer: But, now let me go back to Commissioner Carollo's and my other point. It does affect the net. Whether you qet a UDAG at 3�% , or you get a regular loan that they had to go out under regular financing and pay 14%. Mr. Gary: That is correct. Mr. Plummer: That is a big difference. That is where the net figure starts to become binding. Mr. Gary: But, if you recall, and this all gets into the negotiating process, is that just as we did with cable T.V., we have to approve their financing. Mr. Plummer: I understand that. Mr. Dawkins: Mr. Gary, I would like to ask you a question. Will Rouse's company have priority over UDAG grants over Liberty City, Overtown, Wynwood, and Little Havana? Mr. Gary: The answer to that would be no. Mr. Dawkins: Thank you. That is sufficient, that is all! Mr. Gary: Well, I want to... Mr. Dawkins: I don't need any explanation. No! That is good enough until the time comes. Thank you. That is all. Mayor Ferre: All right, go ahead, Mr. Gary. We have people that have airplanes to catch. Mr. Gary: The next question asked by Commissioner Plummer was transfer rights. Mr. Plummer: No, the question was...I assuming that the Committee studied the contract of those proposers in other locales, and I would like to see those contracts. Mayor Ferre: I think that is a fair recruest. Mr. Garv: Fine. Mr. Plummer: Who has - do you you have the contracts? Mr. Weaver: The objective of the Review Committee, reviewing these two proposals was to compare proposal from Rouse and proposal J.M.B. Federated. We have not entered into any kind of legal analysis of any contract. Mayor Ferre: Nor was it your responsibility. Mr. Weaver: No, and... Mayor Ferre: Excuse me, David, but I think the point is that again we are getting into the areas of negotiations. Now, once we go through the process of negotiating with J.M.B. Federated or Rouse, when they come back to this Commission, I would hope, Mr. Manager, that we will have a resume of other similar project that we can compare apples to apples. Mr. Plummer: Well, projects that they are involved in. Mayor Ferre: And ... ohl... I want others. I want to know what Baltimore does, if we go with Federated, I want to know what Rouse's Baltimore con- tract is, and vice -versa. In other words, similar - apples to apples. Mr. Weaver: Mr. Mayor, I would assume it would be the responsibility of however you are going to negotiate this to get together as many contracts from as many different types of projects around the country and come up with the best possible contract from the City's point of view. DEC 151983 ld Mr. Gary: Mr. Mayor, in the review that I have with both proposals, I specifically at that time, recognized that maybe we would have to go into the contract negotiating process and I asked the Rouse Company for all their contracts and they have agreed to give that to me, so that is the contract negotiation process. Mayor Ferre: The next one is favored nations. Mr. Plummer: Well, that was part of the favored nations. Mr. Gary: Yes, that was part of it. Mr. Plummer: If the contract existed somewhere else, then we did just as well in our negotiations. Mayor Ferre: Next one I had was transfer rights. Mr. Gary: Mr. Mayor, that would be done in the negotiating process and we would address that as stringently, or more stringently than we did with the cable T.V. The same with the buy-out provision. Mr. Plummer: Well. excuse me - on the buy-out, my problem there is the same as it was on cable. And that is, that they cannot use this project to pledge on other projects, nor could they take money from other projects and pledge on this one, okay? That this stands onto it- self, but I don't want to find the City in a problem is, is that there project in ABC City starts to go under, they need refinancing and they pledge the Miami proiect• which is doing well as collateral for that financing. I want to make sure that doesn't happen. Mayor Ferre: All right, next? Mr. Gary: They wouldn't be able to do that. The last question was, and I like to address that - a commitment to proceed vs. their commitment to other projects in other cities, and I have letter from Mike Spear, in response to a letter I addresssed to him as a result of a concern raised by you, Mr. Mayor, of an article that appeared in a Jacksonville newspaper that said Jacksonville project was...it appeared to give the impression that Jacksonville was their top project throughout the nation and every- thing else was going to be secondary, and they have assured me through a letter that this their top priority, and that all of their projects are their top priority. Mayor Ferre: Again, Mr. Manager, these are things that have to come back after you negotiate. Mr. John Borne, I know, has a plane to catch at 4:00 o'clock. He is the President of J.M.B. Federated, and Mr. Borne, I can see that you are grabbing for your coat and jacket and your suit- case, and whenever you are ready to leave, I would like to extend to you the courtesy...first of all, I want to say something about you and your firm, and then, I don't know whether you want to say anything into the record or not. Mr. John Borne. Mr. John Borne: John Borne, President of J.M.B. Federated, based in Cincinnati. I am sorry to break into your process here, and I apologize for so doing, and I clearly don't want to affect the process that you are going through and I apologize for having to leave at this time. I certainly want to extend to each of you the thanks that we have in being involved in this process, and I am unclear today about exactly where you are going to end up, and so naturally I will be touch with you, as this works out today, so I am sorry that I have to leave at this inoppor- tune moment. Mayor Ferre: Mr. Borne, I just wanted to, before you left, I wanted to - personally, on behalf of the City of Miami Commission, and on behalf of the City and myself personally, I wanted to thank you and your associates for the time, effort and money, that you put into bidding this project. I can't tell you what is going to happen, because you know, I don't know what is going to occur here in the next hour or so. I want tell you, just so that we understand each other, I think I am going to be voting with the Manager's recommendation. I think it is important that we follow this ld 50 DEC 151983 eAT , wrC<=ffi� Baia:Fz::.: procedure as best we can. I think the questions that are being asked here are all good. strong, legitimate questions, which are part of the negotiation process. I don't know what happen if there are three votes for the Manager's recommendation. The Manager, I would hope, would begin negotiations immediately, and I don't know when he would conclude those negotiations. If they are not concluded, I would certainly hope that your firm would still be available to enter into negotiations with the City of Miami. In other words, this is just one of many steps. Now, if the Commission does follow the Manager's recommendation, I would like to say to you the following, and Mr. Spear, I don't want you to take any offense at this. I don't the Rouse Company to misunderstand. If it had not been for the presence of J. M. B. Federated, in my opinion, Rouse would not have ever been as aggressive in their bid as they were. It is my opinion, knowing a little bit about the business world, and knowing a little bit about how these things occur, that they probably have reached further than they probably have in other contract. Now, this is just a cruess on my part, because I am not privy, even though I did spend a long time with Kevin White in Boston and with Mayor Shaffer. I've talked about their contracts, and I think what has been proffered is substantially bet - bet than what Boston or Baltimore has. If the opposition here had been Rouse, vs. the A.B.C. Company of South Miami, Florida, I don't think we would have gotten any where the kind of bid that we have gotten from Rouse. I think they would have taken a little bit easier. They wouldn't have been quite as agressive. They wouldn't have out out as much as I think they have. To that extent, I think it is important to note, for the record, that we owe you, your firm, a great deal, and if we do end up with a better contract, I think a lot of it is due to the competitive nature of the process. I know that you are in this business to stay and you are going to be around for a long time. I know that South Florida is going to be an interesting and developing area. I think Miami Beach, Miami, I am sure the rest of Florida will have manv Proiects that will be similar in nature, that will be of interest to you and other firms. I just wanted to say on the record that from one member of this Commission, and the Mayor of Miami, I feel that we owe you one. I just wanted to say that publicly. That is assuming that the Manager's recommendation is followed. If it is not followed, then we owe the Rouse Company one! Mr. Carollo: Regardless of who gets it, the other could bid on Watson Island. Mr. Plummer Oh my God! Mayor Ferre: I didn't want to be quite as blunt about it, but I thank my colleague for his bluntness. I think that is something to be taken into account. Mr. Carollo: Well, I am known for that. Mayor Ferre: Yes, I have noticed! Mr. Borne: I appreciate your sentiments, and I apologize for having to leave early. I would obviously like to make a concluding statement, but it obvioiusly doesn't it into this part of the process, and so I will allow you to move the process along and satisfy yourself and make your decisions, and naturally we will respond at the appropriate moment, but I again apologize. Mr. Plummer: My only condolence for you, sir, is I spent a lifetime one year in Cincinnati. I'm sure you would rather stay here. Mayor Ferre: Thank you for coming down to Miami and taking a day out of your life for this, and thank you again, Mr. Borne. Mr. Plummer: Mr. Mayor, I just wanted on the record, so that when some people start making questions, it is part of the code, I am told, that there will be the payment of ad valorum taxes. I only have one other question, Mr. Gary, and it is really not a question and I think that in the public... is Willy Gort still here? He was the one that was asking the question. I think it is a fair question that has got to be addressed. There is some apprehension on behalf of the downtown merchants, the people who are on Flagler Street, that there not be really a competition; that in fact, this proposal, I think has, I saw 130 - 140 stores or restaurants 51 ,DEC 151983 and stores combination thereof. I think their concern and apprehension is. that if this is new boy on the block, that thev be worked with. and not shut out, and I think that is a legitimate concern, and I think that needs to be addressed, that it is for the good of all downtown, it is the good for all of this community, and that their fears be addressed. I just hope during your negotiations, you will keep them in mind. They are the ones who have been here the long haul to make this even possible, so whether Mr. Gort addresses that, I want to get it on the record. Mr. Gary: Mr. Plummer, when we did a delegation to Harbour and Fanuer Hall, which included the Mayor, myself, Commissioner Dawkins, and Commis- sioner Perez, as well as some private people, when we talked to the Mayor's office in Boston, and also the planning office in Baltimore. they explained to us, and this is coming from the Planners and economists in those areas, and not from the company, Rouse, itself, that as a result of those two facilities being put in place, that increased economic activity, not only in terms of shops within the area, but also economic development within in terms of new developments which were retail, commercial and residential. And as a matter of facts, those businesses found themselves earning more money as a result of having those projects there, and found themselves expanding as result of having those projects there, because it brought 15,000,000 people into the area and 15,000,000 people, Number one, will not just go to one area all the time, first of all. And second of all, sometimes it spills over, because some restaurants may be crowded, so they go to restaurants in the the downtown area. Mr. Plummer: That's fine and I like the competitive spirit, okay, buy I just think that that concern has to be expressed. Let me ask one quick question, because I was unfortunately was not able to make the trip to Boston and to Baltimore and I think it is a key factor that has to be kept in negotiation. I am told that I can't go now, because they are closed. Are they closed during the winter time? Are both of them open year around? Mr. Gary: Yes. Mr. Plummer: Good. Mr. Gary: I have a ticket for you, after your vote. Mr. Plummer: Yes, but your ticket is to Guayaquill, Equador, and it is only one way. (LAUGHTER) Mayor Ferre. Are there any other questions of the Manager? All right, now we get to the statement part. From the members of the public, who wishes to address the Commission on this issue? All right, Mr. Gort, I will take you first, and then Doctor, and then Ernie, and there is one other hand - Mrs. Woods. All right, you each have three minutes. Mr. Willy Gort: Mr. Mayor and members of the Commission, my name is Willy Gort. I am the Executive Director of the Downtown Miami Business- man's Association, 1 Biscayne Boulevard. As Commissioner Plummer stated before, the concern that we have in the downtown area - we believe this project will be great benefit, and we want to be assured that it does benefit, not only downtown, but all of the city. The only problem that we have in other cities, most of this has taken place in northern cities where walkin is very common. Now, you know, unfortunately because of the climate that we have down here, people don't tend to walk two or three blocks. We talk about the port and the 2,000,000 passengers that go the port in Miami, yet in downtown, and the City of Miami we received very little benefits because of it is a self-contained structure. That is the only thing we are afraid of it, and we would like to see, if possible, a condition that could be attached to it with whoever gets selected for this project, create traffic system, where it could connect the center of the heart of downtown Miami with the Omni, the Brickell area and the Bayside Project. We believe that this would bring great benefit not only to the person who gets the award, but also to the rest of the City. Thank you. 52 DEC 151983 ld Mayor Ferre: All right, Dr. Theede? Dr. Jane Theede: Listen a lot, learn a lot. Also raises a lot of questions. I think my first one is directed more to the attorney and to the City Manager. This concerns your gross and your net. Under gross, we under a strict landlord -tenant type of situation. Under net, in reality, we are in partnership with the people that have this, be- cause, we are to some degree, as a City obligated to maintain a watch- dog attitude over their book, and the City already has enough experience and we have found that we are generally the losers in a net situation. We get involved in litigation, we have our attorneys involved in something in which they really shouldn't be, because we are not partners with any- body other than ourselves, and I think that in reality, we are going to be neglectful to the citizens and to the dollar of the City of Miami if we go any other way than gross. Numbe two, on your J.B., I think Mr. Gort was correct. The people of Miami are not walking people, unfortunately. and J. B. presented a proiect that would be more in keevinv with the Bav- side Project tying in with the downtown and this was one long hall that was comfortable to walk in and out of. Also, as a private citizen, I use that park two, three, four times a day, not necessarily physically, but my eyes, as I drive down Biscayne Boulevard along with everybody else that works in Miami, and you start surrounding the bay with structures, then you stop me from using that park. Again, in my campaign, take time out to smell the roses and when you put structures there, I can't smell the roses anymore. Another thing, one of the big problems, as I go on Flagler and lst Street, I no longer find quality merchandise. I find a lot of substandard merchandise, and are you, Mr. Manager, going in your contract, to make some type of control over what in this Bayside Project to make sure that we don't have junk down there, that we don't attract the kind of people that are attracted to junk. Mr. Gort is correct. We have a lot of people going in and out of the Port of Miami, and very little of stops by the City of Miami. What are we going to do to about getting these people to come in, and I think last but not least, I think it is time that the City of Miami, when we start allowing anything to be build, especially wnen these people are coming to us, should put our foot down and say for people that are going into construction industry, they must be citizens of the City of Miami. If it is all possible, if it is legal, these must be voters. We are seeing too much of our money and too much construction money ending up in Broward County and if we are going to be partners with these people in any way, I think we have the right to demand that people that live in the City of Miami be hired by contracters as well as going to minority contracters. Thank you. Mayor Ferre: All right, Ernie, you were next. Mr. Ernie Fanatto: Honorable Mavor and members of the Commission, invited guests of the project. Ernie Fanatto is my name and I am President of the Taxpayers League, Miami and Dade County. I want to start off by saying I want to congratulate the Manager for picking that firm that he did. I think it is well known and very well respected firm. I hope that the contract is so written that the firms make a fair profit and also that the City of Miami utilizes some money. I want to congratulate J. L. Plummer for going to bat for the taxpayers in the manner he did, but I also would like to sav that we spent $1,000,000. we gave to Florida East Coast Railroad, which I think we paid a little too much for that. I don't think we can quite realize that, but I do hope that one contract is written, it is written in such a gradu- ated manner where these people can survive and that this project will be- come a reality. I do want and hope that the jobs will be Miami jobs for Miami voters and taxpayers. They should come first. Now, in reference to the parking, I for the world don't understand how these people can pay all this high rent with only 1,200 parking spaces with 140 stores. Why, the help alone will use up four or five parking spaces, so I would like to know where they are going to put the people that are going to come in and out, and get the volume of people going and pay these high rents. I question - I think the Planning and Zoning Board has got to be liberalized, liberal in their thinking, and it is just a question of giving them what they need to come out on top. I don't think they could ever come out on top with 1,200 parking spaces. Under no way, but I am going to conclude that I think this project is needed. Again I want to commend the Mayor and the Commission for doing what you are doing. We need these people; we welcome them and we wish them a lot of luck. 53 DEC 151983 ld NNW Mr. Carollo: Thank you, Ernie. Mr. Plummer: Excuse me, Mr. Carollo. I stand corrected, sir. My infor- mation was wrong. That these places during the winter do not close down. The cities do! Thank you. Mr. Carollo: Mrs. Woods. You have five minutes, Ma'am. Mrs. Hills! Mrs. Mary Hills: This is a very touchy issue, very, very critical issue. Now, first of all, this document right here created a concept which will create this type of setup - that is after - it is a chanqe now. And this change is supposed to cover this area. That will be our department and the private sector, which is us. I don't know how the business got in- volved. It would be the private sector, but by law, we are - this depart- ment right here. You can check it out in the White House. Now, there has been a lot of cutbacks under the Reagan Administration, and Mr. Gary, and Mr. Dawkins, I know you always go out too, but I know you will get the message because Mr. Gary is here. Thank you sir! I want you to know that there is qoinq to be a lot of qroups who have been cut from funds that come here and try to implement parts of the program that they had to imple- ment before. This program is brought back under one umbrella. Through this department we are supposed to put specifics. First of all, this is the deleting funds for its intent and its purpose, from this set up. Now, however, that is a beautiful, beautiful thing they have there, but it is and somewhat a breach of what we have to do deal with these types of companies after Mr. Gary. You put this in the Law Offices and negotiate a contract, or whatever your mandate order told you to do. Otherwise, you are just getting fragmented programs. You are not getting the whole thing, or the whole thing is economic opportunity act of 73, new Day Care, Human Services, I, and my group is the private sector, and we are supposed to put specifics before these mothers - that according to law, and not the way you have it here. Now, in 1969, or 1970, that is before your time, from this document right here, we went over to the Justice Department Biscayne Boulevard on the Flagler Street. Then they came in and just gave you an idea here to the City of Miami that you have to deal with the minorities children,or woman, or something. However, we were not there to put the specifics. They gave you just this city right here - that was the Justice Department, so since then, all of this has been denied, abolished, and you are putting minorities and children and woman in the place of what needs to be done. You cannot, sir, and you will not, sir, according to law, if I have to put one of the longest artists from the Federal level down here to see that this probe and this department,a committee is put in office according to law, your mandate order. Earmarked funds. It is going to be run according to law, and I am the founder, and I am the private sector to see that this is being done, and that we want you up to date to get programs offthe ground so we can get that and don't just get parts of the program! We want all of these goodies put out to the minorities or poor, or whatever you call it. We are going to get all of these programs off the ground according to law, sir, and this is what I am asking from you, because we haven't heard from you. You know that. I even gave you three copies, right here, this one here where it say impact on CETA, that is why it impacts on the CETA here in Dade County and killed that but we're still here.0ur funds frozen. Our department and function are frozen and I asking you, up to date, don't any other procedure until you come by us. Thank you. Mayor Ferre: All right, thank you, Mrs. Hills. Mr. Plummer: Mary, are you available for a dollar a year to oversee Mr. Gary? Mrs. Hills: Thank you, because I haven't gotten anything since my funds have been deleted somewhere from Title 20. Thank you. Mr. Plummer: See Mr. Weaver. He will tell you how to apply. Capt. Dan Kypins: I live at 1600 Tigertail Avenue, City of Miami. I am the President of the Pier Five Boatman's Association. I am here to re- iterate the fact that we would look forward to working hand in hand with whichever developer gets this project. We would feel very strongly that we would not like to make the same mistakes when Miamarina was built the first time to make it inoperable for use of the Charter Boat, party boat facility, and we feel that through close workmanship with the developer 54 DEC ld 15 1983 Mr. Carollo: Thank you, Ernie. Mr. Plummer: Excuse me, Mr. Carollo. I stand corrected, sir. My infor- mation was wrong. That these places during the winter do not close down. The cities do! Thank you. Mr. Carollo: Mrs. Woods. You have five minutes, Ma'am. Mrs. Hills! Mrs. Mary Hills: This is a very touchy issue, very, very critical issue. Now, first of all, this document right here created a concept which will create this type of setup - that is after - it is a chanqe now. And this change is supposed to cover this area. That will be our department and the private sector, which is us. I don't know how the business got in- volved. It would be the private sector, but by law, we are - this depart- ment right here. You can check it out in the White House. Now, there has been a lot of cutbacks under the Reagan Administration, and Mr. Gary, and Mr. Dawkins, I know you always go out too, but I know you will get the message because Mr. Gary is here. Thank you sir! I want you to know that there is qoinq to be a lot of qroups who have been cut from funds that come here and try to implement parts of the program that they had to imple- ment before. This program is brought back under one umbrella. Through this department we are supposed to put specifics. First of all, this is the deleting funds for its intent and its purpose, from this set up. Now, however, that is a beautiful, beautiful thing they have there, but it is and somewhat a breach of what we have to do deal with these types of companies after Mr. Gary. You put this in the Law Offices and negotiate a contract, or whatever your mandate order told you to do. Otherwise, you are just getting fragmented programs. You are not getting the whole thing, or the whole thing is economic opportunity act of 73, new Day Care, Human Services, I, and my group is the private sector, and we are supposed to put specifics before these mothers - that according to law, and not the way you have it here. Now, in 1969, or 1970, that is before your time, from this document right here, we went over to the Justice Department Biscayne Boulevard on the Flagler Street. Then they came in and just gave you an idea here to the City of Miami that you have to deal with the minorities children,or woman, or something. However, we were not there to put the specifics. They gave you just this city right here - that was the Justice Department, so since then, all of this has been denied, abolished, and you are putting minorities and children and woman in the place of what needs to be done. You cannot, sir, and you will not, sir, according to law, if I have to put one of the longest artists from the Federal level down here to see that this probe and this department,a committee is put in office according to law, your mandate order. Earmarked funds. It is going to be run according to law, and I am the founder, and I am the private sector to see that this is being done, and that we want you up to date to get programs offthe ground so we can get that and don't just get parts of the program! We want all of these goodies put out to the minorities or poor, or whatever you call it. We are going to get all of these programs off the ground according to law, sir, and this is what I am asking from you, because we haven't heard from you. You know that. I even gave you three copies, right here, this one here where it say impact on CETA, that is why it impacts on the CETA here in Dade County and killed that but we're still here.0ur funds frozen. Our department and function are frozen and I asking you, up to date, don't any other procedure until you come by us. Thank you. Mayor Ferre: All right, thank you, Mrs. Hills. Mr. Plummer: Mary, are you available for a dollar a year to oversee Mr. Gary? Mrs. Hills: Thank you, because I haven't gotten anything since my funds have been deleted somewhere from Title 20. Thank you. Mr. Plummer: See Mr. Weaver. He will tell you how to apply. Capt. Dan Kypins: I live at 1600 Tigertail Avenue, City of Miami. I am the President of the Pier Five Boatman's Association. I am here to re- iterate the fact that we would look forward to working hand in hand with whichever developer gets this project. We would feel very strongly that we would not like to make the same mistakes when Miamarina was built the first time to make it inoperable for use of the Charter Boat, party boat facility, and we feel that through close workmanship with the developer 54 DEC ld 15 1983 whoever it might be - we could end up with a facility that will last a long time, be easy to work, easy to draw people down to and I also feel that Miami can definitely gain from what Pier Five stood for and the reputation that it had world wide, and it is about time, and I notice from the slides both the developers had it - the Pier Five was reinstated again, and brought back to glory that it held in world wide fishing and sports for over forty years. And that is all I would like to say. We look forward to working with whichever developer, and I would like to council with their recommendations to maybe advise the Developer that we are willing to do that. Mayor Ferre: Captain Dan, let me tell you. Both of these firms have not succeeded by being fools. And I want to tell you that I know for a fact that either one of them - I've been to some of Rouse projects. They are going to be chasing after you to make sure that you keep those fish hanging up there and those... Capt. Kipness: They wont have to chase too far. We are ready to work. Mayor Ferre: They are going to chase after you to make sure that you catch fish and that you hang it up there and that you have a market for fresh fish and that the thing looks just like - because that is exactly what they want. The worse thing they could do is to chase you out. Capt. Kipness: I realize that, and all we are doing is reiterating our support for the project. One other thing though. When Miamarina was built, the people who have to use those facilities on a commercial basis were not involved in the process of design. We know what we need to run the businesses. They know how to design it, and we get together now, we can avoid the mistakes that were made 10 years ago. Thank you very much. Mayor Ferre: All right, sir. Thank you. Marilyn Reed, I think is the last speaker. Ms. Marilyn Reed: I am Marilyn Reed, I live in Coconut Grove. Mayor ane Commissioners, I spoke to the Review Committee and brought out a lot of facts to them which have now been incorporated. I appreciate their recommendations. It is on page 26 of the document that you received that went to the Manager, and specifically, Item 5, marina flushings channel and 6, the Charter fishing fleet, which Mr. Kipness just addressed. Like Mr. Kipness, have no choice - that is your prerogative. We are willing to work with them. I have already talked to some of the principals and I have cautioned them about state and federal law and told them I would help them to understand how to follow their process so that there isn't any delay and we qet project off the ground, so they are aware of that, but I would like for you to notice those two items on Paqe 26. This is what we recommended and this is what we hope to get. Thank you. Mayor Ferre: Thank you very much, Ms. Reed, and I am sure that will be taken seriously into account. Now, are there any other members of the public that wish to address the Commission on this issue? If not, to do it formally and by the book, is there a motion that the public hearing be closed? Mr. Plummer: So moved. Mavor Ferre: Is there a second? Second by Commissioner Perez for the closing of the public hearing Further discussion? Call the roll. THEREUPON, BY MOTION DULY MADE AND SECONDED, the Public Hearing portion on this issue was closed by the following. vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: None ld 55 DEC 15 1983 f rJ Mr. Plummer: Mr. Mayor, you are going to have to excuse me. I have an emergency at home. My daughter can't put the Christmas tree to- gether and that is much more important ... (LAUGHTER). Mayor Ferre: All you have to do is make a motion and we can vote and get out of here! Now, from the Commission, statements. Mr. Plummer: Mr. Mayor, I will make a statement. It seems as how nobody else wishes to. I kind of like felt that we were going to make more of a decision here today than what we are making. I have no hesitation whatsoever today to vote for, or make a motion for one of the two com- panies, because actually, in fact, we really today are no more than sending to the Manager to negotiate out some kind of best deal for the City of Miami, and that he must bring that back. I would hope that he would take into consideration the concerns expressed by the different Commissioner, and really, in fact what we are doing is saying okay, we are going to tell you we like one project over the other, and you go and do the best you can and when you come back, if we don't think that is good enough, then we are going to send you top the second firm. Now, that is the way the thing goes. Mayor Ferre: All right, further statements? Mr. Plummer: So, 1 just... Mayor Ferre: I will recognize you for a motion after everybody has... Mr. Plummer: Not necessarily. Mayor Ferre: .... the opportunity to speak. Commissioner Perez? Mr. Perez: I already made the question, but I want to emphasize, Mr. Mayor, I think anyhow that I want to emphasize that this is an important project for the future of this community. I was very proud of the that we have to Baltimore and Boston and I think that in the next twenty years, nobody will speak about the negative part of this community. Everybody will speak about project Bayside and I am very proud to be a part of this decision today. Mr. Plummer: I do have a question, Mr. Mayor, for the record, I guess, as well. Mr. Gary, your projected time for negotiations? Mr. Gary: I guess I am going skiing with the Mayor this year. Mayor Ferre: You are invited! Mr. Gary: I would say that I would to start beginning negotiations in the beginning of the year. Mr. Plummer: I am not concerned about when you start. I am concerned about when you are coming back to this Commission. Mr. Gary: I didn't get back to you on that date, but I would assume that we should be coming back the first meeting in February. Mr. Plummer: So, in other words, what we are looking at is the February 8th. Is that correct? Mayor Ferre: It looks like the 9th from here. Mr. Plummer: The 9th is correct. Mayor Ferre: All right, further questions from the ... Mr. Gary: That is proposed, yes. (INAUDIBLE BACK GROUND COMMENTS) Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: I think I am going to need two months! (LAUGHTER) JU ld DEC 15 03 f f Mayor Ferre: Commissioner Carollo? Mr. Carollo: I want to say that I think we are lucky to have two such fine reputable companies bid for this project. I think that whichever company we end up with, the City is going to win out. I am sure that the Manager is going to make sure that we have the best possible contract that we can possibly have. Mayor Ferre: Commissioner Dawkins? All right, the Chair is open for motions. Mr. Carollo: Mr. Mayor, at this point in time, I would like to make a motion, and let me say this, the Manager will be coming back to us, hopefully, as he says, the first week of February, and again, this Commission will analyze and make sure that the contract meets all of the requirements that we as a body feel should be included in that con- tract, but I think there is really little choice, but to make a decision today and pick the company that has stood out much further than the other one. They are both two fines companies, but I think we would all be kidding each other if we didn't admit that Rouse has stood out from both companies that have bid for this project, and I, for one, am willing to make the motion that we accept the bid proposal that we received from Rouse subject to negotiating a contract with the Administration that would be acceptable and approved by this Commission when it is brought back to us. Mayor Ferre: Is there a second to the motion? Commissioner Plummer seconds the motion. Is there further discussion on the motion? All right, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1164 A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER FOR THE SELECTION OF A PROPOSAL FOR THE PLANNING AND DESIGN. CONSTRUCTION. LEASING AND MANAGEMENT OF A SPECIALTY CENTER T BE KNOWN AS "BAYSIDE SPECIALTY CENTER" LOCATED ON A CITY -OWNED LAND PARCEL CONTAINING APPROXIMATE- LY SIXTEEN ACRES ADJACENT TO BISCAYNE BOULEVARD, AND INCLUD- ING MIAMARINA AND A PORTION OF BAYFRONT PARK: AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH THE PROPOSER, SUBJECT TO THE CONDITION THAT THE TERMS OF THE CONTRACT RESULT IN A FAIR RETURN TO THE CITY BASED ON TWO (2) INDEPENDENT APPRAISALS AND COMPLY WITH THE OTHER ENUMERATED REQUIREMENTS FOR THE COMMERCIAL USE AND MANAGEMENT OF THE CITY'S WATERFRONT PROPERTY AS SET FORTH IN THE CITY CHARTER; AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED CON- TRACT TO THE CITY COMMISSION AS SOON AS PRACTICABLE FOR CON- SIDERATION AND APPROVAL BY THE CITY COMMISSION PRIOR TO THE EXECUTInN THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None ABSENT: None 57 DEC 15 NO f U ON ROLL CALL: Mayor Ferre: I wanted to reserve my statement until the vote, and at this time, I want to say that I am very proud, Mr. Manager, of the work that you and your Staff have done. I am very proud, Mr. Weaver of the work of your you and your committee have done. I commend you all for it. I want reiterate that this is a decision that this Commission has jointly made - that Commissioner Dawkins and Commissioner Perez and I went to Boston and went to Baltimore, and saw what can happen properly done. I think that this was a fair and open, and tough process between two im- portant national firms, and have honored us with the time and effort and money they have spent in bidding this project. I would like to go back in a sense of personal pride with you, Mike, that cool day in Boston. I guess it was five years ago now, when Kevin White invited me to inaugurate with Mr. Rouse and with you and others at Nathanial Hall, and I knew then and there that Miami had to have a project of this sort - that it would make a big difference. Now, the City of Miami - I don't remember whether Bayside was my idea, or whether it was Roy Kenzie's. I just don't remem- ber. Since I am elected and he is not, I will claim authorship. I think the name was one that I thought of, and I asked the City Attorney, by the way, to register the name, on behalf of the City of Miami so that nobody else would take that name as a registered trademark name and it has been registered, and of course it will go along with the project. We have registered the name Bayside. I think... Mr. Plummer: No, no. I am not buying that! This Commission will decide because this Commission is going to decide it is Plummer Place! Mayor Ferre: Well, I have on several occasions offered... Mr. Plummer: Yes, I know, if I die you will name it after me. I am not buying that one! (LAUGHTER) Mayor Ferre: I promised to make the motion to name the Police Building after you if you pass away, so that is a standing... Mr. Plummer: I don't even like the alternative to getting in the holding cell. Mayor Ferre: That is a standing offer! So, in voting for this project, may I say to Mr. McMullen up in Creechee, Vermont, your hesitations, doubts, and misgivings about the procedure, I think have been - I would hope you realize, as has the rest of this community, since we did get the Miami Herald's support when Mr. McMullen was the editor, even though it was a tough editorial to get. It took a lot of talking. We did get the support. The people of Miami have voted for the system. This is the first major test of that system. It has worked, and I think it is a moment of pride for all of us, for me, as the Mayor, for each member of the Commission, for the Administration, for the Miami News, for the Miami Herald, and for all of the people that have supported this from the very beginning, and I thank all of you for your patience and for your indulgence and for your faith, and I vote "yes". Mr. Dawkins: Mr. Mayor, may I make a statement please? Mayor Ferre: Mary, you are a nice lady and I don't want to be rude to you, but Commissioner Dawkins does want to make a statement. I will recognize you for one last and very brief statement after Commissioner Dawkins. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Yes, let Commissioner Dawkins make his statement. Mr. Dawkins: Mr. Mayor, fellow Commissioners and the public. My concerns are the same as those voiced by Commissioner Plummer, Commissioner Carollo, but for not having anyone think that I was anti the project, I had nothing to say, but I feel that it was very unfair for the Manager to have given me a package of material the size that he gave me and expect me to digest it and respond intelligently in the short time that he gave it to me. Now, he feels differently, but so what, we disagree all the time in here. And • 16 ld SEC 151983 anytime here lately an individual voices a concern on this Commission for more information in order for him to be more informative to respond intelligently, he is classified as anti- and then he is negative, and what have you. Now, I want the Manager to understand and understand clearly the same concerns as the Mayor said that these issues give us a bad image around the country when we let people come in and vote for things and work on it and then we vote against it, it gives us a nega- tive image. It also gives me a negative image when you give me some- thing that I can't respond to. So, if you put all of these things into the R.F.P., and you have a workshop with us, Mr. Gary, prior to you bringing it to this Commission for us to react us, then all of us are on the same wave length, when we get here. So, I would hope that you take all of this into consideration when you get to the Watson Island deal and that when you come before us with your recommendation, because I am quite sure that when you bring it to us, you will be ready for us to vote on it, but don't spring it on us like you did this one, please, sir. Mr. Carollo: I think that it should be put into the record that what Commissioner Dawkins has expressed, Mr. Manager, I think is consensus of the majority of the members of the Commission. Mary? Mrs. Mary Hills: (INAUDIBLE, OFF MICROPHONE) -------------------------- ---_-------- am ------------ 20. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 3001-3009 N. W. 19TH AVENUE FROM RG-2/4 TO RG-2/6. Mayor Ferre: I have a request because Mr. Hadley has to go see a doctor that we take up Item 2, and I think it should be a very short two minute item. Is there anybody here who wishes to speak in opposition to Item Number 2? Is there anybody here...? Mr. Hadley, I am not going to recognize you yet, sir. Is there anybody who is an opponent to Item Number 2. If not, is there a motion? Mr. Carollo: There is a motion for Item 2. Mr. Dawkins: Second. Mayor Ferre: Commissioner Carollo moves. Commissioner Dawkins seconds. Read the ordinance please on Item 2. Mr. Garcia -Pedrosa: One moment, Mr. Mayor. Mr. Mayor, before I read the ordinance, I have been handed a convenant, voluntarily proffered by the Applicant and this item, and I have approved that covenant and could like to deliver it to the Clerk. Mr. Plummer: What does it say? Mr. Garcia -Pedrosa: The Applicant to moderate income elderly housing five stories and not in excess of hereby covenants to construct a low apartment building, not in excess of an F.A.R. of 1.08. 59 ,DEC 151983 f r AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE SECTOR NUMBER ONLY OF APPROXIMATELY 3001 - 3099 NORTHWEST 19TH AVENUE, MIAMI, FLORIDA (MORE PARTI- CULARLY DESCRIBED HEREIN), FROM RG-2/4; GENERAL RESIDENTIAL TO RG-2/6; GENERAL RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of November 18, 1983 was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer Mayor Maurice A. Ferre NOES: Vice -Mayor Miller J. Dawkins ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9763 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 members of the public. 21. APPROVE DESIGNATION OF CERTAIN DEVELOPMENT GROUPS AS PROJECT SPONSORS FOR THE AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. Mayor Ferre: Now, we are supposed to be on Item Number 17, which is the designation of certain development groups and projects sponsored for the Affordable Rental Housing Development Program. All right, will the Administration make its presentation? Who is going to make this presenta- tion, Dena? As I understand it, there are four projects involved. Would you go ahead and explain what the recommendations of the Administration are? Ms. Dena Spillman: These recommendations for the Affordable Housing Rental Program. Let me go back just briefly and give you a history of how we got to this place, because it took us a while. We started in June of 1981, when we directed by the City Commission to come up with a program to assist the private sector in developing much needed rental housing in the City of Miami. At that time, we were asked to come up with a 1000 units pilot project. We went out for bid in 1981. We came back to you with two developers that we felt were qualified and we were informed at that time by the City Attorney that we were given incorrect information on how to proceed and that the RFP process had to be repeated. In May of 1983, the multifamily revenue bonds for this project were validated in the circuit court, which confirmed the City's ability to lend its credit to a private entity which you are going to do in this situation. In August of 1983, we again advertised through R.F.P. process and before you you have the respondent to that R.F.P. Let me remind you that the Afford- able Housing Program is designed for low and moderate income people. This is not a low income program. The Federal Government has had the responsi- bility for providing housing for low income people. Local government cannot afford to do that. This program is directed toward moderate income people. The other intent of the program that I have discussed with you at that time was induce moderate income people to move back into the City of Miami. What has happened was that people of moderate means who are moving to Kendall, to north counties. who are leavina the Citv. because thev could not afford to live here and what we were doing was attemntina to aive them 6 1, f f the opportunity to m:;ve batik into the City so that they would spend out dollars in our businesses and so that our City could benefit from their presence. You have before you the respondent, the various sites and the respondents to the proposals for those sites. I would like to read to you a letter that I received this morning. I think all of you have copies of it. It is addressed to me as Chairman of the Affordable Rental Housing committee. The letter says "On hchalf of the partners of the Affordable Rental Housinq of Florida, I wish to notify you of our decision to withdraw our proposals for the development of rental housing on the Police Benevolent Association and the Civic Center sites. Please understand that this withdrawal in no way reflects the lack of interest on the part of our team in assisting the City to meet its housing coals. As local citizens representing an ethnic cross section of the community, we will continue in our efforts to help to make Miami a better place to live. We strongly believe as individuals and as a group that this is our responsibility. Sincerely, Evelio Ley, Partner, Affordable Rental Housing of Florida" I am going to have to ask our City Attorney whether this constitutes a valid withdrawal from the program and whether we should continue considering this as part of our delibera- tions. Mr. Garcia -Pedrosa: Two things, Dena. First of all, this is not dated. I assumed you got this today. Ms. Spillman: It was handed to me this morning. Mr. Garcia -Pedrosa: Okay, so we will have that on the record. And also, do we know Evelio Ley to be a partner in Affording Rental Housing of Florida? Ms. Spillman: Pardon me? Mr. Garcia -Pedrosa: Do we know that the signatory of this letter is a partner as indicated on this letter of something called "Affordable Rental Housing of Florida". Ms. Spillman: My recollection is that he is either a 20% or 25% partner in affordable rental housing. Mr. Garcia -Pedrosa: Mr. Vice -Mayor, this would then suffice in my view to withdraw the application of this particular proposal. And I would like to hand this to the Clerk, if I might, to incorporate it into the record. Ms. Spillman: You will note that this action makes any discussion cn the Police Benevolent Association site, moot, as there were only two developers in the first place. If the Commission would so desire, we can discuss re- lated housing proposal on that deal. However, now there is no opposition to that particular site. Mayor Ferre: Which one are you talking about? Mr. Dawkins: P.B.A. - Affordable Rents. Mayor Ferre: Dena, did you finish your presentation? Ms. Spillman: I am not finished. Mayor Ferre: Well, why don't you continue your presentation for the record? Ms. Spillman: All right, on October 24th of this year, five development groups submitted proposals, responding to our R.F.P.'s. They submitted nine proposals for the four identified development sites, as you see be- fore you. I am not going to go over with you who proposed on what site. It is right before you, and affordable would not be under consideration at this time, for the Civic Center site, or the Police Benevolent Associa- tion site. I can go through with you the facts - now let me say that I was Chairman of the Selection Committee - excuse me. (INAUDIBLE BACKGROUND COMMENTS) Ms. Spillman: The Selection Committee consisted of Carlos Garcia, Depart- ment of Finance, Adrienne Macbeth representing the City Manager's office, 61 ld .DEC 1519M Donald Wyzinski, our Housing Financial Advisor, and Jack Luft, of the Planning Department. We use the followinq pre -established criteria which were established and given to each developer in our analysis: Financial capacity of the developer, experience of the respondent, and the developr+Pnt and management of the rental housing, the design of the project, the proposed rent structure and the management plan proposed. Before we qo any further, I would like to take a moment and ask Richard M on- tavano from Shearson American Express to take two minutes and explain to you how the financing on this deal works, because the Miami Herald was erroneous today, when they printed (yes, for a change) the fact that the City would be responsible for the funding under this situation that it is not accurate. And if I could as). Dick to just come up and explain that for a moment. Mayor Ferre: All right, Mr. Montavano, the Chair recognizes you. Mr. Dick Montavano: The transactions - each of these developments will be financed using tax exempt bonds. The City acts only as a conduit. The only credit supporting the repayment of those bonds is each real- estate project. For that reason it is very important to evaluate the financial strength of each developer. Each side will be a separate transaction. The investor will evaluate the real estate risk. It is a real estate transaction and the bottom line is the fact that the mortqage rates are being financed at tax exempt rates, so that at today's market, the developers are looking at a 10-3/4% to 11% mortgage as com- pared to a 13% to 1 14% mortqage. But, under no circumstances is there any credit or repayment obliqation on the part of the City. Mr. Plummer: If you think for one minute that you will see a correction in tomorrow morninq's Herald, don't hold your breath, because they make corrections two minutes after they take the snow plows off of Flagler Street. Mr. Montavano: My concern was more that the information was clear from the Commission, because you are absolutely riqht. Ms. Spillman: The Committee interviewed the responding development groups on November loth, and then made recommendations to the City Manager, and his recommendations are before you. I can go through a site by site recom- mendation with you. Perhaps I can just give you the name of a developer and then you can ask whatever questions you feel are appropriate. I'm prepared to proceed in either way. The Melrose Site is one of our larger sites. It is 8.5 acres. The recommended firm on this site is Related Housing, with Consort Limited, Thacker Construction, and Marbilt. The other group that responsed to this site was Home & Housing of Dade County, which is a non profit organization funded through Dade County. I know that the related people are present. I also see Home and Housing here. I don't know whether you want to have them introduce this. Mayor Ferre: Why don't you conclude your presentation and then we will see what the Commission wishes to do. Ms. Spillman: Basically, on this site, it was found that Number one related has a much stronger financial capacity to carry out the project. It was felt that home and housing had insufficient experience to optain the necessary financing to pull the project off. In terms of design related housing, it scored better, and I will not go into detail on that. We can, if necessary. Related housing rents were more responsive to the market. They skewed their rent so that 20% of the units, which are required by law to be for low income people would have lower rents on them than the home and housing proposal bid, which we felt was very important. It was generally felt that home related housing had a much superior proposal and it would be in the best interest of the City to be selected for this particular site. The second site was the Police Benevo- lent Association. I am not sure that we need to discuss it at this point. Related Housing was selected as the developer. We no longer have any competition on this site. Again, they proposed a dual rent schedule, which we felt was superior. The site plan was good, and again, they have excellent financial capacity to undertake the project. The Highland Park Site was perhaps one of the more interesting sites that we had to contend with. This is the site of the Highland Park School, which you 62 ld DEC 151Qn r r may remember was purchased by the City. We have torn down the school, or the school was torn down by the School Board, and we are in the process of acquiring the other half of the site. This site is interesting, because it is directly adjacent to a transit station. The committee looks for innovative responses to that transit station, and also an attempt to re- late that housing project to the neighborhood surrounding it. The Circa Development Corporation, with Barness, was found to have a superior proposal to relate it on this particular site. Related's proposal was pretty basic - townhouses all across the site, no variety, not a bad project, certainly, but not something that we thought the City of Miami should be looking for in a new redevelopment scheme with the rapid transit program. Barness and Circa same up with a very excellent design scheme, which coordinated low- rise and high rise buildings related directly to the Rapid Transit and to the neighborhood, which is as you all well know, is a fairly moderate in- come neighborhood, directly behind us, and we wanted to keep the neighbor- hood the way it was. That was the feeling of the Committee. Circa, even though they are from Philadelphia, I believe, made every attempt to get organized with local people in their proposal. They have a local archi- tech, a local management company, a local construction company, local attorneys, and I probably missed something, but I am sure they can fill you in on that when their time comes. Based on the following, we felt that Circa submitted a much better proposal than Related for this particular site. Finally, on the Civic Center site, we had Affordable, which is now out and the Babcock Company of Florida. I think that you are all aware that the Babcock is one of the largest housing producers in the United States. They are owned by Weyerhauser. Their financial ability would seem outstanding by Shearson American Express, absolutely no problems in that vein. Their rents were very good. Their design was considered all right. We felt that it could be improved upon. Related presented an adequate proposal. All things considered, it was felt that Babcock presented a better proposal on that site. I might add, just for your information, Commissioners, that there are two other subsidized housing projects adjadent or nearby the Civic Center site. One is the Civic Towers project, which is owned by Related Housing. Another is a Section 8 project which Commissioner Car- rollo has asked about, perhaps three or four months ago. It came from Miami Beach, it was given to Related and they are going to build it directly adjacent to the Related project. Another consideration was that perhaps it would not be appropriate for the same developer to have three projects adjacent to themselves. There you have the results of the committee. You have in your memo some statistics on rent and unit cost, as well as the minority breakdown. If you would like, I can go into that minority breakdown at this time. Mayor Ferre: I think that is an important consideration. Ms. Spillman: Let me start with Related - in terms of minority participa- tion and ownership - we are talking ownership now, not just involving people on a token basis. Related is 75% minority owned, 25% Anglo, 25% Black and 50% Hispanic - very strong minority participation. Mayor Ferre: The 25% Black is Thacker 1 assume? Ms. Spillman: Yes. Mayor Ferre: Thacker Construction is Atlanta based, but they have had an office here for two or three years, is that right? Ms. Spillman: I believe that they have had an office here for longer than that, but I think... Mayor Ferre: Is there a representative of Thacker here? Mr. Thacker, would you come up to the microphone, please? Mr. Thacker, as I under- stand it, your company has had presence in Miami for a couple of years now. Mr. Thacker: Yes, we own our property here and we have offices ... Mayor Ferre: And you have bid and you are doing construction in Miami? Mr. Thacker: Yes, sir. Mayor Ferre: Thank you, sir. 63 .DEC 151983 Mr. Perez: How do you compare the minority - not minority participation only - I am talking about minority ownership between the three companies - Related, Barness, Circa. How do you compare one with the other one. Mr. Thacker: Well... Mr. Perez: What is the participation level of minority ownership. Ms. Spillman: Ownership - Related Housing is 75%. I am sorry, when I say Related Housing, Commissioner, I mean Related, Consort, Thacker, Marbilt, as a team. I am shortening this. Mr. Perez: That is the company that you mentioned, Melrose? Okay, that is 75%. But, that Related is what you mentioned for the P.B.A. also? Yes, this is right, the P.B.A. Mr. Plummer: They have withdrawn. Mr. Perez: Affordable Housing is withdrawn? Mr. Plummer: Yes. Mr. Perez: Yes, but I am asking in reference to Related and to Babcock. What is the minority of Babcock? Ms. Spillman: Babcock is a publicly owned company. It is very difficult to determine what their minority ownership is, and ... Mayor Ferre: Well, is there a representative of the Babcock Company here? Mr. Ed Bell: Yes, Mr. Mayor and members of the Commission, my name is Ed Bell and I am the Vice -President for the commercial division of the Babcock Company and our offices are at 1500 Monza Avenue in Coral Gables. I know that it always presents a bit of a difficult problem for this sort of analysis, in considering what our company's position is in terms of ownership by minorities. And I think being as indicated as a public corporation traded on the New York Stock Exchange, that is a bit diffi- cult to determine, but I do think... Mayor Ferre: That is not my question. I think the question is, you know, there are a lot of Black firms and a lot of Hispanic firms in Miami. Re- lated Housing reached out for Thacker and maybe Thacker reached out for Related, I don't know which. I would imagine since Related ends up with 50%, because they are the ones that did the reaching, and Thacker has 25% and then there is Marbilt, which I know is Hispanic. Now, Circa, Ltd., from - where are they, Philadelphia? Is there a representative of Circa, here? Ms. Spillman: Yes, they are here. Mayor Ferre: Are they a minority...? - Ms. Spillman: They are 50% Black and 50% Anglo. Mayor Ferre: Okay, now Affordable Rental has now dropped out, but they also reached out for ... because I know that Garth Reeves had 20%, accord- ing to the newspaper story, or somebody told me that, so they went out and reached, you know, for Black and Hispanic participation, so the question to the Babcock Company, that is the Weyerhauser Company of Seattle, Washington, or Tacoma, Washington, or wherever, is not how many stockholders you have that happen to be of brown or black pigmentation, but rather whether or not the Babcock Company tried to bring into the ownership of this project, a Black firm, or a Hispanic firm, based in this community, or I don't care where - Philadelphia, like these people, or Atlanta, Georgia, like Mr. Thacker. Mr. Bell: I would be happy to respond to that. I think that it clear from our track record, which includes all of our for sale housing, pro- jects not subsidized by the government, that our involvement of Black 64 DEC 151983 ld r e ld businesses in our work is defensible to describe in these situations and In excess of 60% of the work that we minority firms. on this particular then I would be happy to... and is a record which we are happy any other opportunities given us. do in this community is done through job - Commissioner, if I might finish, Mr. Dawkins: You are saying what we don't need to hear. We are saying how much Black ownership - not much how much Black participation. So, you are standing up there going over and over Black participation, when we are asking you for Black ownership. Mr. Bell: The Mayor asked about both Black participation and Black owner- ship. Mr. Dawkins: Mr. Mayor, did you ask about Black participation or Black ownership. Mayor Ferre: Both. Mr. Bell: That is my understanding of the question. On the question of ownership, let me just say this. We do not have an abililty as a public company to commit to take on a project and hold it in perpetuity. Many of these companies will have these project and will structure a form of ownership that will involve all of these people and it is not within our discretion to be able to do that. What we have done, is we have developed a team that includes Black designers, that includes minority interest in legal work, and in the project development and consultation, in the process of recruiting and selecting participants in the construction, in the process of recruiting and selecting qualified residents and tenants for the communi- ty and in every phase of the work! We must operate that way by virtue of our structure. Let me further point out that it is significant, I believe, Mr. Mayor... Mayor Ferre: But, no ownership is the point. Mr. Bell: Let me speak to that. It is very significant, I believe, that we attempt to provide opportunities for jobs, for active participation by up and coming firms who are minority owned and operated, and that we pre- fer that sort of minority involvement as opposed to some type of cash or equity contribution to people who have made it already in this community. We are attempting to help people who are achieving to make it and our record stands clear in that direction. Mayor Ferre: Okay, that is valid. You, and the President, Mr. Babcock, who is by the way, I think an exceptional man, and a great citizen of this community - God knows that if anybody deserves a medal and an award for helping out, for example, Florida Memorial has no better support than Charlie Babcock. The B.A.C. wouldn't exist without Charlie Babcock's commitment, so if there is anybody in this town who is really concerned about helping Black Americans make it up the ladder, it is certainly the president of your company. I know little about Weyerhouser, so I can't make comment about the parent company, but certainly the local company has that commitment, and you have a right to chose how you go about doing that, and if you think that the important way is to give architec•r:s jobs and 60% of your construction is done by minorities, that is more than anybody else does around here and I think we have got to respect that, but I think there is also a philosophical issue involved in this, and deals with the question of ownership. It is not a question of rent a citizen, because I don't think that relationship of Thacker Construction is rent a citizen, because if that were the case, and I don't mean to hurt Related Housing's feelings, but Mr. Thacker could probably buy out Related Housing and put it on as a side investment and not worry too much about it, but you know, I think the point, is there are - I doubt if Mr. Thacker is a unique man in America. I think that probably he is one of several Black contractors in this country. I have never heard of Circa, Ltd. from Philadelphia, but the point is, that where we are at in America, and I think where we are at in Miami, is not only helping Blacks to get architectural jobs and construction jobs and legal jobs and so on, but also to have an opportunity to be owners of projects. 65 DEC 151983 Mr. Dawkins: I agree with the Mayor, and I too, would be remiss if I were not to sit here and tell you that it warms my heart to know that Babcock decided to reach down and take a struggling architect such as Mrs. Edna Mingo and involve her in the project. I arr also happy to note that Babcock decided to use the young lady sitting behind you instead of Mr. Traurig, or Mr. Marty Fine, so that she can get exposed to the market of the same thing that Mr. Traurig and those that appeared before this Commission would. But, by the same token, I must tell you that you could have very easily have given them a part of the total pie, as ownership, rather than just hiring them, in my opinion, now. Now, you tell me that your public company will not permit that, but I fail to see how your public company would not have permitted you to have offered them a part of the total package instead of a salary on the project. Mr. Bell: Mr. Dawkins, I don't dispute the intentions of this Commission to promote the minority ownership of on -going businesses including busi- nesses created by the social programs and the housing development pro- grams that this City sponsors. I think that is entirely... Mr. Dawkins: That is why you and I agree. I don't want no part of social programs. I am tired of social programs, and social handouts. That is why I am trying to get them involved in the private sector, where the money goes on and on. so don't include me in no social programs, sir. Mr. Bell: Our company obviously shares the intent to include them also. The only difference that I am alluding to, and I don't, you know - we are not going to have a seminar on syndication here today. But, let me just point out that when project are syndicated from any of the proposers here, all this ownership discussion disappears. As soon as the project becomes a public investment or a private placement investment opportunity for real estate investors, all that question about ownership disappears. The real issue is, through calling it ownership or equity, or whatever you call it, how much personal gain is afforded in the way of opportunities from minorities through the projects undertaken by the varioius proposers, and however we describe it or define it, is immaterial in my judgement. We think our proposal provides excellent opportunities, and with that, I don't think I can get any further support for what we are doing. Thank you. Mayor Ferre: Well, I thank you on behalf of all of us and I commend you for your interests and efforts. Dena? Ms. Spillman: The final firm that we have not yet mentioned is Home and Housing of Dade County. They are 50% Black, and 50% Latin in this field. Mayor Ferre: Home and what? Ms. Spillman: Home and Housing of Dade County, a non-profit. Mayor Ferre: 50% Latin and 50% Black. Ms. Spillman: They have joined with Cardenas and Associates, Orlando Cardenas, President, on this deal. So it is 100% minority. I think that you can see that really we have excellent minority participation on most of these deals. Mayor Ferre: Your recommendation therefore is that the Melrose Nursery Project be given to Related and their associates; Civic Center to Bab- cock; P.B.A. to Related and Highland Park to Circa. Ms. Spillman: That was the committee's vote, yes, sir. Mayor Ferre: Was that a unanimous vote, by the way? Ms. Spillman: We did it on a point basis. Mayor Ferre: Would you go over the points with us? Ms. Spillman: The way we did it was initially each person on the committee voted for each site. The points were awarded as follows - 20 points for financial capacity - 20% in their experience for development, 20% in 66 DEC 151983 ld r r Management, I mean 20 points, I am sorry - 20 points for design, 20 points for the proposed rent structure and 10 points for the management plan proposed. The way the votes came out, I can give you the totals. The Melrose site - related housing got a total of 15 points. The way we voted as a committee is a bit complicated. Let me try to explain it to you. Each individual member voted. They came up with who was first, second and third, as appropriate, based on the number of points. The first place developer was awarded 3 points. The second place developer was awarded 2 points and if there was a third, they were warded 1 point. The points were added up. The one with the largest number of points received this bid. Melrose, Related Housing was given 15 points. Home and Housing, 10 points. Babcock, on the Civic Center, was awarded 14; Related, 10; Affordable, 6. P.B.A. Related was awarded 14. Highland Park, Circa was awarded 14; Related, 11. Mr. Perez: Dena, why was minority ownership was no part of the selection criteria. Ms. Spillman: There was a resolution which governed this whole project, which Commissioner Dawkins had recommended, which governed the entire execution of the program, and that resolution, I guess I will just read you the title of it, responds to the minority question. So it covered everybody, and the resolution reads as such: "A resolution instructing the City Manager to include the re- quirement in the request for a proposals which will be furnished to prospective developers of the proposed City of Miami affordable housing program. That is 50% of the total dollar cost of the program, including, but not limited to the cost elements of planning, design, construction, materials and supplies, manage- ment and sales, shall be awarded to and among Black and His- panic vendors, suppliers, contractors, and business enterprises on an equal basis 25% Black and 25% Hispanic. Mayor Ferre: All right Dena, do you have anything else you want to tell us? Ms. Spillman: No, sir. Mayor Ferre: If not, do any of the members of the different entities that are here, that is Related, Babcock, Home and Housing, or Circa, Limited wish to address the Commission. All right, Mr. Brown? Mr. Brown: Mr. Mayor and members of the Commission, the issue that was brought up relative to why minority participation was not a part of the criteria is a very good point that Mr. Perez brought up. We feel that Home and Housing, when they came in, that operating under the assumption that this particular committee would be most certainly working in com- pliance with the resolution of the Commission, felt that because they were 100% minority, would be one of the points that would be considered. Also, I am speaking to what was said earlier. They most certainly do have strong financial backing, the Capital Bank has decided to let be the first housing venture that they will become involved in and hopefully, many more in the future. This company, which is Miami based, owned and operated, is also very experienced in this construction area. We have fourteen years of experience in multi -development, single development and re-hab development. Many projects that Home and Housing have undertaken have been projects that other developers did not want to touch, involved in the Inner -City, that were extremely devastated. They took on those projects, did them within the time table that was required, did an excellent job on them and did a commendable job and because of their experience, because of their expertise and strong financial backing, because they are owned and operated out of Miami, we strongly feel that some consideration should be given to that in terms of this committee making a decision here this evening on the group that should be given this particular project. We hope that those are involved would be amenable as well, to doing the joint venture with Home and Housing on this project. We have been talking with other parties relative to that. Mayor Ferre: All riqht, any other presentations or discussions? DEC 151993 ld Mr. Joe Middlebrook: Mr. Mayor and members of the Commission, Joe Middle- brook. I am an architect. I want to point out a couple of very, I think, important comments of reference to the Staff's recommendations, and I say this in the context of enlightening you with reference to the quality of the review, perhaps and the context of how or why the decision was made, not to make the award for Home and Housing. During the evaluation, a matter of record, one of the selection members stating that, and I say that very guardedly and regretfully, but one of the members stated that the other site design in the sense of how it was organized, that it was very difficult to pose the question because he didn't know how to pose the question without requesting that the entire site be redesigned. And I say that in the sense of the quality, overall quality of the design, and the overall aspect of which committee members approached their decision and let me give you a few instances here. Another comment that came forth in so far as an evaluation was that there was access to 27th Avenue with reference to our submission certainly there is access to 27th Avenue, but that is not a negative, because we have access to other streets that surround the property as well. Another comment that came up with reference to why the other one was selected, was that they indicated guest parking. Well, you know, that is almost laughable in the sense of the design decision because that is not really a design decision at all. It is more management decision in the sense of where guest parking is located. The point is, we met all of the parking requirements with reference to the submission. But, it is quite an insignicant point in the context of where guest parking is located. Now, what we have provided was a very well organized site with very quick parking on the periphery and the internal uses of the site on the inside, but that is more thoroughly depicted on this organization where you can see that in the sense of the overall site planning as well as unit design, that this is a very well thought out process, wherein there are spaces for adults, there are spaces for teenagers. There is a space for our kids and there is design recrea- tion facility. Then, in addition to that, there are both passive and active spaces in the context of the overall site design. Now, I present this to you very briefly, because of the context of the staff comments with reference to why they are making the recommendation. I point out to you that those are some very insignificant considerations in the sense of how or why that award would be made. Again, guest parking, again, access to 27th Avenue, which we have and which can easily be eliminated, if necessary. Again, the context, one of the committee members himself stated that and his own opinion that the other one was in need of re- designing, so I present that to you as part of your consideration, if you look at the quality of the presentation, and I just want to re-emphasize that Home and Housing has been in existence for almost fourteen years and I worked with them as an architect for quite some time and they can and they will do this project if selected. Mayor Ferre: Go ahead, yes, Ma'am. Ms. Barbara Peterson: My name is Barbara Peterson, I am a housing consul- tant hired by Home and Housing, and I've had 15 years experience in develop- ing multi -family and apartment rental projects, and one of the criteria here that must be realized that this is a family development which must be put into elevator structures, because of the lack of enough land to go later- ally. Therefore, you must have enough open spaces for children. The Related Housing Plan entirely calls for most of the site to be covered with parking, only an open strip along 27th Avenue, which was to be termed in trees, as far as play areas for children, which doesn't leave much open area for football, or anything else that they want to do. The other thing is the design criteria. I, as a mother have two children. The related housing interior design of the unit consisted mostly of kitchenettes, where the Home and Housing and I know the Babcock proposals all included separate dining areas and full kitchens and I don't feel that designing kitchenettes in a unit of this type is adequate for family. Mayor Ferre: Thank you. Anybody else? Ernie, this is not the public sector, yet. As soon as we get to the public section, I will recognize You first. All right, Dena, you heard some statements made by Joe Middlbrooks and associates of Home and Housing. You want to answer them now? we Id DEC 151983 Ms. Spillman: I understand Home & Housing's experience. We have worked along with them on several projects, particularly in Coconut Grove on some single family housing. I know they have done multi -family re-hab, I know they have just completed another multi -family project and they have worked closely with Babcock on quite a few deals. Unfortunately, the experience which they have is not sufficient to support a deal like this. I can tell you that Richard Montalbano would be happy to stand up before you right now and tell you that they will not be able to obtain financing for this program. I am in complete support of local, non- profit housing organizations. This program is too large for Home and Housing. Mayor Ferre: Mr. Montalbano. I want to get that into the record. Your name has just been used and I of course implicitly trust Dena, but I want you to put it into the record yourself. Mr. Montalbano: Fine. The underwriters, which are Shearson American Express, and Manufacturers Hanover were asked to review all of the pro- posals strictly from the financial aspects. As it relates to Home and Housing in the information that accompanies your memorandum, you will see a summary of total project costs. I call to your attention that Home and Housing, for the site is proposing a project that would cost approximately $21,000,000, while the related group project for that site is $14,000,000. Looking at the rent rolls that that project would support, the Home & Housing proposed rent rolls, net of the operating expenses, would support about a $17,000,000 to $18,000,000 total con- struction cost. Mayor Ferre: Do you say it would not? Mr. Montalbano: Would support. Mayor Ferre: Would support. Mr. Montalbano: The rent rolls would support a constrcution cost of about $18,000,000 and yet, their proposals indicate that it would cost them a little over $21,000,000. That is Item Number one. Item Number two, as I stated earlier, since there is absolutely no financial support from the City and there is absolutely no rent subsidy from the Federal Government, the economics are that lenders will look to the underlying developer's credit. It looking at the financial statement that was sub- mitted in Home & Housing, there were audited financial statements on Home & Housing, which show the unrestricted fund balance, at the end of their last fiscal year was about $280,000 deficit, and as it relates to their co -venture partner, Rolando Cardenas, had a net worth of less than $100,000, but it seems very difficult from a purely financial aspect to evaluate the ability of finding willing lenders that would speculate when the rent rolls aren't sufficient to support the debt of of the 25 year financing and the developer does not have the net worth to support any shortfall. Mayor Ferre: Thank you, sir. Ms. Spillman: Let me respond to the other points very quickly, that Mr. Middlebrook brought up. First of all, I disagree with him. I think that where quest parking is is a design decision, so does the entire committee. Also, there is nothing in the transcript to support what he said that one of the committee members said. We have read the transcript three times so I don't know what he is talking about, and I just want to say that the design criteria was only 20 points in a total of 110, so we shouldn't spend a lot of time on something that really doesn't make that much difference. I would like to add one more thing. The Department of Community Development worked for some time with half of this organization, which is the Cardenas group in our single family rehabilitation program. They were a contractor. We found them incapable of administering single family deals, one house at a time. They no longer work in our program. We are quite concerned about their ability to deal with the multi -million dollar project of this nature. Mayor Ferre: Yes, sir? DEC 151983 ld Mr. Middlebrook: Only in response to what Ms. Spillman said, what I said is a matter of record. It is in the transcript. I think it is on either Page 212 or 221. Mayor Ferre: Thank you. Yes, Ma'am? Do you want to address the Commis- sion? Ms. Betty Walker: I am Betty Walker, Executive Director of Home and Housing. In regarding to the financing. We received a firm commitment firm commitment from the Capital Bank saying that they would lend for the first time to their full capacity. They would joint venture with another bank with whom they are negotiating to make certain that the project is successfully completed. Mayor Ferre: This is an $18,000,000 project? Ms. Walker: Yes, we discussed that and we discussed numbers with them. Mayor Ferre: And what you are saying is, we don't need equity because you are going to do it all through borrowing. Ms. Walker: Yes, we discussed this with them. They did agree. Mayor Ferre: Of course, since there is no rent subsidy, whatever you borrow has to be paid for by the renters, right? Ms. Walker: Yes, we understand that. Mayor Ferre: And therefore, the renters are going to have to pay higher rents in your project than in any other project. Ms. Walker: Mayor Ferre; what we were doing is proffering living space. Our units are larger. We did offer more units to the site. Mayor Ferre: At a higher price! Ms. Walker: Yes. Mayor Ferre: So, in other words, what you are doing is, your project is for a higher income community. Ms. Walker: We did not feel that for that number of units, for that volume, it should be a low income - there should be some blend and some mix of people at one site. In terms of the experience, Home and Housing does have the experience. We have worked, I guess, since Mrs. Spillman, with the Cardenas', wherein we have worked successfully with Dade County's money, and worked at rehabilitation most recently within the past year. We don't have volume experience. We do have construction experience. And if it isn't for opportunities such as this that are offered through the City, through government, then we will never achieve any volume. We will remain small. I don't think it is the intent of government to make certain that we, or any other remain small, and big gain larger growth. It was not stated in the proposal that this was and the numbers were given, but the proposals did not state that you should have had _ volume experience. Otherwise, we certainly would not have put this level of effort and energy into the packet. Mayor Ferre: All right. Mrs. Peterson: She wanted me to make just one more comment with regard to financing. First thing Mr. Montalbano ought to know is that I am an agent for Shearson American Express who is his employer, and I would like to inform him... Mayor Ferre: So you work for the same company? Mrs. Peterson: That is for sure, and I would also like him to know that I have worked with Home and Housing and been successful in placing a bond issue which was rated by Standard and Poors in place of Florida National Bank on an 86 unit substantial rehabilitation in the 53rd Street area near the Joseph Caleb Center, and one thing that she wanted me to let you know, because they are a non-profit, they had no need for shelters, depreciations, or any of those things. We brought this up at the meeting, and someone else 70 DEC 151983 ld t r here mentioned that if syndicate some of that ownership goes away. Since they have 100% minority ownership, they can syndicate, and they had pledged to the Commission when they made their presentation that they would set aside 100% of any syndication proceeds to cover any shortfalls. And because they do have a track record in bonds, and they have received ratings from Standard Poors, before, we do not feel that the financing is as deficient as they say it is. Mayor Ferre: I see. Thank you. All right, yes, sir, Mr. Perez. Mr. George Perez: Mr. Mayor and members of the Commission, my name is George Perez. I am the president of Related Housing Company. I don't want to make a presentation on our proposal. I just want to answer some of the items that were brought up. Our project... Mayor Ferre: Yes, I would like to see it. Why don't you just pass it up here and we will pass it around. Mr. Perez: It was mentioned about open space. As you can see, one of the things we tried to do, particularly in the Melrose site, was to make the builders higher, so we could have more open space than probably any of the other sites that we design. You see that whole fence with a playground area. You have basketball courts. We have a swimming pool, etc. We have a lot of open space. Number two, you will see our kitchen in the next page, Mr. Mayor - our full kitchen. We don't design kitchenettes for anything that is not a studio apartment. So I don't know where they came up with the idea that we have kitchenettes. We have never designed kitchenettes. As a last comment in the finances of the company, we have also worked closely with Shearson American Express, and we have funded through tax exempt bond financing over 10,000 units around the country. We have experience in this type of financing, and we feel our rent, our proposal, our unit layout, and the way the whole thing was done was extremely attractive in the Melrose site. I have not even seen the Home and Housing site, so I couldn't even start to compare. But, I just wanted to make... Mayor Ferre: Well, I think you ought to address the issues dealing with your firm and your presentation, and we will worry about the other firm. Mr. Perez: That is correct, but I just wanted to make ... the first thing we tried to do was respond to the City's RFP. The size of the units, were in effect, okay?...a result of our conversation with the City and a result of us going into to the market, and seeing what type of unit for this area could be rented. Number two, we went through all the areas, and looked at the rent structures of competing projects, market rate pro- jects in that area to see what type of rent the project could support, be- cause it is fine and dandy to make a very large unit and try to get $450 for a one bedroom apartment, but when you go and everybody around is renting their bedroom for $325 a month, you are going to have a very, very hard time renting it. And since we are responsible for the bond issue, not the City of Miami, we have to make a project that is very feasible, so we took our time in doing that, and based on that, we came with tht plan. We further...one of the things that was an issue was the minority participation. In our group, except one participant, we are all minority participants - Related Housing of Florida is a firm that is 51% owned by minorities; Thacker Construction is a minority owned firm and Marbilt is a minority owned firm. Further, we went into the community and we met with Blacks, and Hispanics, business leaders, which produced, particularly in the Allapattah area where these projects are, which produced windows, which produced doors, and we had numerous meeting with Mr. Urra, who is over here, with Mr. Permuy, and a number of other - not civic leaders, but business leaders, people that have factories in that area, okay, to insure, that if we were selected, they would immediately be participating in the construction of this project. So, no longer do we have the ownership; not only are we going to say we are going to hire laborers from the area and so forth. We are going to be working, and we have the commitment and we have made the commitment to the community that we will be working and going to those people that have the small industries to the highest extent possible, and as long as they are competitive, we will be using them in our proposal, in this proposal and in other proposals. ld �1 DEC 15 1983 a. �'J And with that, I want to close, and thank you, very much. Mayor Ferre: Anybody else wish to address the Commission? Joe, I will recognize you in a moment, but let me let others - I don't know whether the people from Circa wish to address the Commission. Does any- body else wish to address the Commission from the bidders? Do the people in Circa wish to address the Commission at all? They are the only ones we haven't heard from. Mr. Bill Wilson: I would like to take the opportunity just to say a few words. Bill Wilson, with Circa, Limited. You may recognize me with the firm Synterra, Limited, as working on your Virginia Key project. If you care, we have some boards you can look at that begins to show what we feel - they are fairly large and you can pass them around up there, or we could just put them down below. I think the key consideration was the quality of life. This particular site, and we looked at all four and made a conscious decision to submit on this one, wrapped around the issue of taking the growth of Miami and a site that was related to a transit facility - that was related to a lot of things that can begin to happen in Miami. We put together a plan that imbodied those kinds of considera- tions - choose of a mid -rise building and some town houses, and we believe our team, which encompasses as the lead - a minority developer, along with a group of architects, engineers, real estate people and contractors, showing the entire situation. You have got the boards there in front of you, if you have any questions. Mayor Ferre: Do you have a set of plans? I haven't seen the plans. Mr. Wilson: The site plan is in this area right here. Mayor Ferre: Do you have any floor plans? How many units does this total, and how many in the mid -rise? Anything else? All right, does anybody else wish to address the Commission? Mr. Middlebrook: Again, Mr. Mayor, as a response to what I said to Ms. Spillman's comment that that was not in the record, I have since indi- cated that I think Mr. Pierce has located the comment ou d in ttie record with reference to the site design. -It it- -is appropriate, he c read it to you. Mayor Ferre: All right, sir, can you read that into the record? Ms. Spillman: I am not even sure that it is appropriate to read this, Joe. It is one member of the Commission's comment. There were five members of the Commission that voted - or committee, I am sorry - on an item that was worth 20 points out of 110, so whether we take one committee member's opinion and... Mayor Ferre: What is your problem, Dena? The man is asking us to read it. You said it wasn't there. He went and showed you that it was - read it into the record! I mean... Mr. Gary: Give an opportunity to make some comments. You can read it. - Mayor Ferre: I realize thst. We have the ability to weigh whether it is pertinent or not pertinent, or whether it is something that we take into account. Why make an issue out of something that is not an issue? Ms. Spillman: Well, I am assuming here that it is Mr. Jack Luft, and I am assuming he is discussing the Relating Housing program. Mr. Luft says and I quote: "You suggested that depending upon a tree survey, an additional site analysis, that there could be some adjustment in the loca- tion of parking and perhaps even the footprints of the building. I tell you candidly, just from my own standpoint, I see very little utility in that strip green area along 27th, and I guess I really —there is no way I can adequately phrase the question without getting into a redesign issue, but there is a usable open space within or around those units adjacent to it, unless you are looking for kids playing right on the balconies, on 72 Id DEC 151983 9 11 those ground floor units and from a controlled supervision standpoint - it is a little tough, once they get away from the unit." Ms. Spillman: Should I read more? Mayor Ferre: Okay. Mr. Middlebrook: The entirety of his comments at that point. Ms. Spillman: He continues to say: "I think it is admirable or commendable. You reduce foot- prints of the buildings in an effort to leave more of an open area. We haven't really satisfied, at least from my standpoint the distribution of that open space to best utility of the people who are living there along 27th Avenue. I don't know if there is a general response you can give to that concern or not." Mayor Ferre: All right, thank you, Ms. Spillman. Is there anything else, Mr. Middlebrook? Mr. Middlebrook: Very briefly, Mr. Mayor. I know you have an agenda to get to. In summary, Home and Housing did submit a very responsive proposal. We covered all aspects of the RFP. The comments, which again, you have as a matter of record with reference to staff recommen- dations are not material comments in a sense of the desigLL. I understaaa their concerns about financing, but Home and Housing does have a financial package and they have already prearranged the necessary financing, and they can go forward with this project. Our concern is whether or not a non-profit development that has been here for 14 years, who has a track record in homes and rental housing development can really be given the opportunity to go forward. We have suggested that, in a sense of imple- menting this project, we are amenable to a variety of proposals, including sitting down and talking to the competitor. Mayor Ferre: All right, thank you very much. All right now, questions from members of the Commission at this point. Any questions? I do have a question to you, Dena, and let me just tell you where I am as of right now, the way I see it. I would like to vote for Home and Housing of Dade, Inc. However, I think that because of the fact that they are going to be borrowing all of the money, I do not think that they can, according to what Mr. Montalbano has said, they just simply cannot put it together in a way that would be responsive to the needs of that particular community, and I am sorry, I think that is a recommendation that we have to follow and therefore, my conclusion is in favor of what the Manager has recommended to us. Now, in the Civic Center, which is the next project, the recommendation is Babcock. My only problem is, I think that if and where possible, it is important to bring companies that do have a reflec- tion, hopefully totally, but at least partially of the community that they serve, and even though Babcock is dedicated to helping minorities, I think the ownership aspect is lacking. There are two other things that I want to point out, and I want to ask you on the record, Ms. Spillman. The first one is, that I think in Civic Center area, for sure, Related Housing has another housing project. Ms. Spillman: They have two. Mayor Ferre: They have two? I think that that is is an important consider- ation, because this is a relatively small project - it is what, 150? Ms. Spillman: It is ... excuse me, it will take a few minutes. Mayor Ferre: 100 and whatever - it is less than 200. Ms. Spillman: It is one of the smaller sites, yes. Mayor Ferre: And I think the fact that they are already in the area servicing other projects in that area is an important consideration. I think that is something that must be brought out. The third thing that 73 ld DEC 15 1983 C f I want to point out - is that right...? The do have two other projects? Ms. Spillman: Yes, sir. They are in very close proximity. Mayor Ferre: The third thing that I want to point out, which has not been brought out, and I am frankly surprised that nobody has brought this out, because it would affect me in my position with regards to Circa - is as I understand these documents, as I have been told the Related Housing - Thacker - Marbilt proposal is the only one to let the City share in the process, because at the end of the 10 years, when they have the ability to convert, the City then becomes a 50% partner of the general partner's total package, and as I understand - you see, the Bab- cock Company, and the others don't make any kind of offer where if they convert from a rental to a condominium after the depreciation, or after the 10 year period, the City ends up participating in the process. Now, talking about the economy of the situation, I think that that makes a very big difference. Now, frankly, I am surprised that you didn't recom- mend affordable rental housing in all of these projects for that reason. I mean Related - Related Housing, Thacker Construction and Marbilt, Inc., a joint venture. Okay, I stand corrected. Now ... because I think there is a big financial difference. Now, as I sense it, what you did was, you said "Well, we have given the two big ones to Related, so you know, let's spread it around a little bit, because let's not throw all our eggs in one basket". Now, Mr. Montalbano, my question to you, sir, is, is Related Housing, Consort Limited, Thacker Construction and Marbilt, jointly, separately and together, do they have the financial wherewithal to do more than these two projects? Mr. Montalbano: Well, let's address it jointly, as submitted, yes sir, they do have the financial capability. Mayor Ferre: Now, let me express my position with regards to Circa, Limited. I think that Circa, Limited, the Barness organization, it merits our consi- deration, because, I think of the quality of the design, that they have submitted, Number one. Number two, because I do think that they have the financial wherewithal to do it - if Home and Housing had the financial wherewithal, and Home and Housing had gotten your consideration, then I would be going with Home and Housing for the Melrose Nursery project. That is not the case, but it is the case in Circa, Limited. Therefore, I think there is an overriding reason since Circa, Limited, is a 100% owned minority firm. Now, I cannot feel that way about Babcock Company. If Babcock Com- pany had a 25% Black partner, or Hispanic partner, or a minority partner, or some sort, then I think it would be very difficult for me to override Civic Center - their receiving Civic Center, but I can justify overriding Related in Highland Park and going to Circa for the reasons I have outlined, and I can't do the same thing in Civic Center for Babcock. That is just where I am at. Mr. Carollo: Dena, for the record, can we have your recommendations on all four sites? Ms. Spillman: Okay, for the committee recommendations, and I will speak as Chairman of the Committee - for the Melrose Nursery site, Related Housing with Consort. Limited, Thacker Construction and Marbilt, Inc. The ones in red on the chart. For the Police Benevolent Association, again, the same developer, and we have - the other developer you see on the chart, Affordable, has withdrawn their request, so we only have one requestor for that site, which is Related Housing, Consort, Limited, Thacker Construction and Marbilt, which was recommended by the full committee. Highland Park Site - the Committee recommends Circa, Limited/ with the Barness organization, and for the Civic Center Site, the Babcock Company was recommended. Mr. Dawkins: May I ask a question, please, of the Manager. Isn't this process the same as the one we finished before where this is a recommenda- tion and you have the right to negotiate what is best? Mr. Gary: It is similar, but not the same. Mr. Dawkins: Okay, but in the event that this Commission recommended Babcock 74 ld DEC 15 1983 4 Or Mr. Dawkins: (Cont'd)... and instructed you that they should have some minority participation and you and Babcock did not reach an agreement then you need nothing further to go to relate it, is that right? Mr. Gary: Yes. Mr. Dawkins: Thank you. Mr. Gary: If the Commission votes that way, yes. Mayor Ferre: All right, are there further questions? All right, are there any members of the public that wish to address the Commission? Ernie, you wanted to say something. Are there any other members of the public that wish to address the Commission on this issue? All right, then at this point I am open for statements and then after that I will take any motions that anybody wants to make. Any statements? Mr. Perez: Mr. Mayor, first of all I would like to have one of the sites in the heart of Little Havana but you remember that it was a long discussion about a year ago and we, the City didn't find any property in the heart of Little Havana at that time and that is why they suggested the Civic Center area that I think has a strong minority sensitivity. And the Melrose .... Mayor Ferre: I don't understand, do you mean because of Allapattah? Mr. Perez: No, about the heart of Little Havana, that we men- tioned about a year ago but they didn't find the right property in that area, the property was very expensive and we accepted the recommendation. In the Melrose area, I have my heart in the home and house all day. I have 100% minority participation and I think that they deserve the first opportunity but I think that we have to follow the recommendation from a financial point of view. I want to move to approve related housing for Melrose as recom- mended by the administration. In the PBA, I want to move to approve relating housing and in Highland Park I would like to move to approve Circa Limited as suggested by the administration and in the Civic Center especially I think that if the company has shown an acceptable financial stability I think that only the financial superiority can not disqualify a corporation that has 75% of minority ownership and minority balance that is very important because this company has 50 and 25 per cent of all the community groups. For that reason I would like to suggest to assign the Civic Center to Related Housing Company. That is the motion that I want to move. Mr. Carollo: you're saying Related Housing in the Civic Center. Mayor Ferre: What he is saying is Related for Melrose, Civic Center and PBA and Circa Limited for Highland Park. 75 DEC 151983 Mr. Carollo: i second that motion. Mayor Ferre: All right, under discussion now? Mr. Dawkins: I was the one who sat here before and suggest- ed that these units be split so that small companies could be involved and if it were any other company I could argue. Now, I for one do not see why we should lock Babcock out without giving them an opportunity to come 'up with, I mean going back and telling them, Hey look, you've got to and I don't care who they be or who they might be - with some minority participation and if they don't do that then I would say give it to Related Housing. But no longer than an hour ago we sat here and preached how well it is to follow the Manager's recommendation and that's what it is all about and the Miami Herald said that this the best thing to do, and now all of a sudden we've got the Manager's recommenda- tions right here in front of us but now we want to toy with them because of our prejudice. But, so be it. That is just discussion, that's all. Mr. Carollo: Why don't we do this, Miller, let me make a substitute motion that we approve the staff and the commit- tee's recommendation and the Melrose site, the PBA site and the Highland Park site and let's have staff go back to the Babcock Company and see if they would be willing to meet some of our guidelines in minority participation and if they don't then we'll go to Related. Let's at least approve the other three .... it is a motion for a substitute motion. Mayor Ferre: He would have to, actually all he really needs to do is since he is the seconder he can make that as a substitute motion. Now, he needs to get a second. Now, under discussion on that particular point, I think the issue now is on Civic Center and Babcock. Mr. Manager, I think I understand what my colleague Commissioner Dawkins is saying but I disagree and I think it has to be pointed into the record why there is a difference and I noticed that you kind of not evaded but avoided answering it by saying that it was similar. But I think it is important to point out that in the particular case where we awarded Rouse that was done*by a Unified Development Order which was clearly controlled by the Charter as to how the process worked and it specified and you appointed a committee, the committee was 6 members from the public and 5 members from the administration. But this is not that kind of a case, as I understand it. This is not a Unified Order, the committee you appointed is a 5 member committee and they are all employees of the City that report to you and it is a very different kind of a situa- tion. It doesn't follow the same Charter provisions nor do we have to follow the same process. In other words, in this case we can take your recommendation or not take you r recommendation, if we don't it goes back to you, it doesn't go back to the committee, se, for example. So there are substantive differences in this thing. The second point that I want to make to my colleague Miller Dawkins is that Babcock had all the opportunity in the world to find a minority partner. I don't see why at this stage of the game they should go out and look for a minority partner. For example, they're dealing with the Urban League but the Urban League and others, they're dealing with a black attorney. They're dealing with black architects and there is no reason why along the way they could have found a participa- tion. Don't tell me it is impossible, Circa did it, Related Housing has done it and there are many blacks in this commu- nity that are capable of putting in money and being partici- pants for organizations that could have shared in the owner- ship. Now, what in effect we're saying is that because they have a corporate problem that we are going to give then an opportunity to go back to Tacoma, Washington to see if they RT _ 76+ 12/15/83 can get a waiver which they should have done a long time ago and so I say let this be a lesson and let the message go forward for those that want to come to the City of Miami to eat at the table that they are going to have to think about things a little bit differently than they have in the past and that there is no second chance around here. You'd better think about it right off the bat and you'd better think about it straight and you'd better do it in the begin- ning and so, therefore, I cannot vote with the substitute motion for that reason. That is just my personal opinion. Mr. Carollo: Maurice, I think what you're saying has a lot of merit and I'm in agreement with what you're saying but what I was trying to accomplish for the sake of saving some time today and getting to some of the other items that we have that I don't see how we're going to finish them now, was just to move ahead at least if we had a consensus on those three sites. Mayor Ferre: I'm willing to vote on the three sites and then let the Civic Center site be a separate vote. Mr. Carollo: That is what I was hoping on doing. Mr. Plummer: Let me ask a question. Mr. Bell, would you come to the microphone, sir? I am assuming you are empow- ered to speak for Babcock. Mr. Bell: Yes, sir. Mr. Plummer: you have heard the comments of my colleagues. Under your corporate structure, sir, is it humanly possible that you can have minority ownership of the units? We might just be whistling dixie where you're a publicly stocked company. Mr. Bell: No, it is entirely possible, it is just a ques- tion of restructuring the method of the distribution of the project value to the participants. Mayor Ferre: But that is exactly the point, if it is en- tirely possible, then please, sir, why didn't you do it from the beginning? Mr. Bell: Let me explain it to you, Mr. Mayor, and I'm going to do it very carefully because I think you'll under- stand it when I do. I have said before, and I'll say again, the value of the project be it in the distribution of fees and services and contracts and profits and other things from the project to minority participants is really the objective of our participation program. If you structure it in a different manner and call it ownership/equity participation and write the language in the contracts differently and the people get the same amount of money we see it differently. Now, corporately yes, we can do that. And frankly, your RFP did not indicate that that kind of structure was a threshold issue in the presentation of proposals. Mayor Ferre: Well, if you read the newspapers and if you listen to what Commissioner Dawkins is saying at every Commission Meeting and if you listen to what I'm saying and if you listen to what Commissioner Carollo and Plummer and Perez are saying at every meeting and if you listen to what the Manager is saying at every meeting I don't think there is very much question that there is a threshold point. But let me further say, and I need to stress this, Miller, and to Joe. In the Related Housing, at the end of ten years the City of Miami participates and when there is a conversion from rental to condominium we end up with 25% of the deal. And to me that is something that just is hard to turn down. RT ' 77 12/15/83 So it isn't only the question of the ownership process, it is also what is a better deal for the City of Miami and I submit to you that the only reason why Ms. Spillman and her committee did not recommend Related Housing was because they had already gotten the other two and they didn't want to give them the third. And I don't think frankly that is a fair criteria. If Related Housing is offering us a better deal then you ought to say so. And how can you say that they're not when at the end of 10 years we end up with 25% of the ownership. Ms. Spillman: The answer is, Mayor, that that was not part of the RFP and we could not consider it in our considera- tions. Mr. Plummer: Well, you can't but we can. No, if they didn't put it in the RFP they're bound and I agree by that. Okay? They can't consider it but this Commission can. Ms. Spillman: I'm telling you that is what our lawyers advised us. Mayor Ferre: But wait a minute, if somebody offers you 25% of the ownership of the project at the end of the 10 years and the other guy doesn't offer you anything, don't tell me that that is not a better offer. Mr. Carollo: Can we vote on the substitute motion and then go back to the Civic Center? Mayor Ferre: All right, as I understand now, the motion is that Melrose be ... Mr. Carollo: Related Housing, Related Housing for PBA and Circa Ltd. for Highland Park. Mayor Ferre: All right, is there a second to that motion? Mr. Dawkins: Second. Mayor Ferre: All right, is there further discussion on that motion? Mr. Plummer: On the substitute motion, Mr. Mayor, I'm going to vote with the substitute. Okay? And I'm going to tell you I'm going to give them the opportunity to see if it is humanly possible because I want to tell you there is a hell of a difference between a participant and an owner. Mayor Ferre: J. L., we aren't voting on that issue. Mr. Plummer: Yes it is, that's why you're deleting that issue. Mayor Ferre: No, we're deleting the issue, I'm going to tell you.... Mr. Plummer: You're deleting the Civic Center from the motion and that was to give them, the maker of the motion stated to give them the opportunity to come up with a dif- ferent ... Mayor Ferre: No, I assumed that after that that Commission- er Carollo is going to make a motion to give Babcock company an opportunity to come back. Miller is going to second that and we're going to vote for that and I'm going to vote against it and I'm just saying that I think that is the way it is going to go. And if he doesn't do that then I think Demetrio Perez is going to make a motion that Related Hous- ing be given the Civic Center and I'm going to second that motion. RT 78 12/15/83 FA Mr. Plummer: That has already been made. Will you read me the substitute motion, please? Mr. Ralph Ongie: The substitute motion would be to approve the recommendation of the administration that the Melrose site to Related Housing, the PBA site to Related Housing and the Highland Park to Circa Limited. Mr. Plummer: That was the extent? Mr. Ongie: Yes, sir, the rest of it was deleted. Mr. Plummer: I stand corrected. Mr. Carollo: Just the three sites. Mayor Ferre: So in other words with that one we have no discussion or arguments over and we can do that. Mr. Carollo: Let's get those out of the way. Mayor Ferre: I've got no problem. Mr. Plummer: I've got no problem, not with that. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1165 A RESOLUTION APPROVING THE DESIGNATION OF CERTAIN DEVELOPMENT GROUPS AS PROJECT SPONSORS FOR THE AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: Now, I'll recognize you for your second mo- tion. Mr. Carollo: On the Civic Center site, what I'm hoping that we could accomplish is.... Mayor Ferre: The substitute motion passes, therefore, the original motion is moot. Mr. Plummer: That's correct. Mayor Ferre: go ahead. Mr. Carollo: What I'm hoping we could accomplish is to finish with this in the next couple of minutes so that we could get onto some of the other business we have to finish RT 79 12/15/83 f today. You know, I understand Miller's concern in this, at the same time what the Mayor has expressed makes a lot of sense. Four members of the Commission have expressed them- selves as to where they stand on this and what it comes down to is, you know, if J. L. is going to be willing to vote for one motion or the other, if you're not we're going to be getting into a heck of a long discussion and there is no sense of getting into that. We'll never finish it today. I'm really flexible as to either motion, you know, I'm ready to make a motion, contrary to what Maurice thinks, to ap- prove Related Housing for the Civic Center, I think they've got a good track record and what they're giving to us, as Maurice expressed, in the long run could be a lot more profitable. Mayor Ferre: In other words, J. L., what do you want to do? Mr. Plummer: As far as I'm concerned, I can go either way. I told you that before. I can go either way. Mr. Carollo: I'm going to make a motion to approve the Civic Center site for Related Housing. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Is there further discussion? All right, call the roll. NOTE: The preceding motion has been incorporated into Resolution No. 83-1165 which precedes. 22. ALLOCATE $2,300 TO MIAMI—DADE TOURIST AUTHORITY. ------------------------------------------------------------ Mr. Dawkins: Mr. Mayor, we had the Caribbean Conference and nobody thought that because 19 of the 21 countries were black that there should have been some place for blacks to interact with the.... Mr. Gary, you need to hear this. Mayor Ferre: I'll tell you, what I saw was an awful lot of interaction because I was in it a little bit. Mr. Plummer: The problem is that Dawkins was doing too much interaction. Mayor Ferre: Well, I don't know where Dawkins was but I understand he was interacting too. Mr. Dawkins: They spent $2,300 that they don't have, and since we gave them money predicated on the County matching that money, we have not given them a penny because the County has not matched. Mr. Gary: We have given them some. Mr. Dawkins: I would like to make a motion that we give them $2,300 from the money that we appropriated so that they can go ahead with what they're doing. Mr. Plummer: Second. Mayor Ferre: All right, Mr. Manager, tell us. RT so 12/15/83 0 f Mr. Gary: The administration supports this, just for the record, we have given them some money towards the $7,500 to keep the rent going. We support this $2,300 and once they get the Dade County portion it will be taken off their $75,000. If they don't get it then that money is a grant by itself. Mr. Dawkins: Mr. Gary, I hear you and I'd like to also tell Mr. Smith so that he can tell the others that if they do not have something in hand from the County on Tuesday - Mr. Gary, I would like to tell Mr. Smith that you agree that if they do not have something from Dade County on Tuesday it means that Dade County is not going to cooperate and we should be let off the hook. UNIDENTIFIED SPEAKER: Oh, no. Mr. Gary: H. T., come here. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 83-1166 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $29300 TO THE MIAMI DADE TOURIST AUTHORITY, PURSUANT TO REQUEST MADE 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 Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: None. 23. CONTINUED DISCUSSION OF THE NAMING OF A NEW VICE -MAYOR, COMMISSIONER PLUMMER INVOKES 5-DAY RULE. (See later same meeting for resolution of this matter.) -------------------------------- ---------------------------- Mr. Dawkins: Before you leave, Mr. Mayor, I brought up the desire to relinquish the Vice -Mayor, and you said we would bring it up this afternoon. Mr. Carollo: Mr. Mayor, I'm wiling to make a motion at this point in time that Commissioner Demetrio Perez be Vice - Mayor, we have always rotated it and I think it is only proper that it is rotated. Mayor Ferre: There is a motion on the floor that Demetrio Perez be appointed Vice -Mayor. Is there a second? Mr. Plummer: Second. Mr. Perez: The only thing, Mr. Mayor, that I have made all the arrangements in my personal activities after Commission- RT 81 12/15/83 f er Dawkins was appointed, I made all the arrangements in my own school in order to have enough time for the next year and I have made different arrangements, you know? And I think that I will have enough time for the next November, in accordance with the nomination, I don't know... Mayor Ferre: Well, then as I understand it, for the reasons as outlined by Commissioner Perez.... Mr. Plummer: I withdraw the second, I wouldn't cause Mr. Demetrio Perez any money. Mr. Dawkins: I make a motion that it rotates right on like you said. Who is the next man in line? That's Carollo. Mr. Carollo: Who was the last one before Dawkins? Mr. Gary: Plummer. Mr. Plummer: Hey, guys, if you all don't want it, I'll take it, I mean, you know, the fifth time, you want a temporary Vice -Mayor.... Mr. Dawkins: The next guy is Joe Carollo. Make the motion. Mr. Perez: The reason that, in order that we don't have any conflict on this question, Commissioner Dawkins would be able to accept for next year? Mr. Dawkins: I say I would be available if selected, I did not say I would be that next year. Mr. Plummer: I invoke the rule, let's think about it. Mayor Ferre: I think that is the proper motion. Mr. Plummer: I invoke the rule, no further discussion. Mayor Ferre: Do you want to accept this year or do you want to wait until the next meeting? Mr. Perez: I made all the arrangements, but I want to have the courtesy to ask Commissioner Dawkins first, you know. For me personally it would be better for next year because I made all the arrangements in my school for the next year. Mayor Ferre: Do you want to wait until the next meeting? Mr. Plummer: Hey, guys, I invoked the rule. Mayor Ferre: Plummer has already invoked the 5 day rule, unless he withdraws that.... Mr. Plummer: You're stuck with it, Dawkins, until January. Mayor Ferre: Unless he withdraws that the only way we can do this is to discuss it at the next Commission Meeting at which time you can put it on as an agenda item. Mr. Dawkins: Yes, put it on as an agenda item and then he won't be able to invoke the rule then. ------------------------------------------------------------ 24. CHANGE ZONING CLASSIFICATION PROPERTY BOUNDED BY I-95 EXPRESSWAY, S.W. 15 ROAD, S.M. 17 ROAD, & S.Y. 2 COURT FROM RS-2/2 AND RG-2/5 TO CR-2/7. (At this point this matter was discussed and temporarily deferred, see later same meeting.) HT 82 12/15/83 0 0 aiw.r�-ira �.i. a --maw.wail.aaraar:.�aaa..a�.`airr�aai.ra a..�aam r.. �r.aa-�ia.i►� Mayor Ferre: We are on Item 01. All right, are there any objectors to item #1 present that want to be heard? This is an ordinance on Second Reading. It is the Pantry Pride property, the chair will recognize the administration for the purpose of making a statement. Mr. Richard Whipple: Mr. Mayor and members of the Commis- sion, the Planning Department would request that you defer this item. As you know, you requested a study and a few other considerations at the last meeting. Mayor Ferre: Defer until when? Mr. Whipple: Defer it until the next zoning meeting so that it still stays within the time limit which will be January 26th. The reason for this is we think the traffic study that is critical is a very important agreement. We may not have it the 26th but at least we will know more than we know now about the traffic. Mayor Ferre: I'm ready to vote on this thing today but I will out of courtesy to the administration ask the develop- ers if they are willing to wait until the next meeting. Mr. John Fletcher: Mr. Mayor, no, we're definitely not willing to wait. Mayor Ferre: Okay. Unless three members of this Commission overrules me we will hear this item and vote on it today. ' Mr. Carollo: I'm sorry, Mr. Mayor, the Planning Department does not have the traffic study? Mayor Ferre: The Traffic Department says that they want to stall this until the January Meeting, I asked the developer if they were in agreement, the developer said no, the chair has ruled that we will hear it and vote on it today unless three members of this Commission wish to... Mr. Carollo: Can we get on the record from the Department why they haven't been able to get that traffic study yet? Mr. Whipple: No, sir, as you know, you directed us two meetings ago, you gave us 90 days to do a complete study of the area. At the last meeting the traffic study came up and the question was as to payment and who was going to do it. They volunteered, we have a covenant in the hands of the Law Department said that yes, they would sponsor the traffic study up to the tune of $30,000 and we believe this is critical not only to this project but to the considerations the Commission asked us to perform with respect to the rest of the area. Mr. Fletcher: Mr. Mayor, if I may speak on this matter of the traffic study, several months ago this Commission di- rected.... Mr. Gary: We haven't finished yet. Mr. Fletcher: I'm sorry, John Fletcher, I'm the attorney for the applicant, 7600 Red Road is my address. Several moths ago this Commission directed the Department to do a planning study of the area. We agreed at the last meeting that we would help finance the traffic study that was to be done. We agreed that we would contribute up to $30000 for that. We also agreed to other things such as the "Tot Lot", if you'll recall that we discussed at that time and you had RT 00 12/15/83 a personal request that there be a study done of the parking access on the property before we obtain a building permit. We put these things into the form of a covenant, we had the covenant checked by your Law Department, it has been fully executed, it has been submitted to the Clerk of the Circuit Court, it is in the process of being recorded. So we have met everything that this Commission requested of us. Nobody suggested or requested at any time that this traffic study which is for the entire area there be accomplished prior to our obtaining.... Mayor Ferre: In addition to which, counselor, I don't think can be accomplished in 30 days. You're talking about a traffic study which is a very complex thing. And what is going to happen, is that you're going to come back on Janu- ary 26th and tell us, you know, we're almost there but we need another 30 days and we're on into March, you know, and.... Mr. Whipple: That was my initial statement, Mr. Mayor, but the project is also tied to this traffic study. If this takes all the traffic, for instance, what is with the rest of the area? Mayor Ferre: Well, you know, I know that sometimes the editorial writers get all upset when I make this statement, but I go to New York City all the time and I survive, I want you to know that I kind of enjoy New York City and some times I've got to sit in the taxicab going across town for 10 or 15 minutes, and you know, people are horrified when I say I'd love to see downtown Miami look like Manhattan. I wouldn't have any problems with that. So I'm not worried, we'll solve our problems somehow. Mr. Whipple: Do you want us to make a full presentation as to objections such as the last time? Mayor Ferre: Sure, put your objections on the record. Mr. Plummer: Excuse me, Mr. Mayor, in deference to you, sir, if you have anything different to bring up at this time that you did before I think you should make that known as you have about the traffic study. But to go through the entire presentation on a Second Reading, I don't know what for. You will make your presentation, the counselor will make his, the public will have the right to speak, if there is anything different I'm willing to listen but if it is the same repetition? Mr. Gary: Mr. Mayor, we in the staff have made our recom- mendation in terms of not supporting this project in terms of this density. I don't think it would be appropriate for us to withhold or ask you to withhold your decision based on this traffic study in view of the fact that they say that they're going to do the traffic study. Mayor Ferre: I don't think it is appropriate for you to ask at all. It is the question of the judgment of the three members of this Commission. Mr. Gary: Well, we can ask, you can say no. Mayor Ferre: I understand, you're doing your job, I've got no problems. Now, do you have anything that you want to add that you didn't say last time? Mr. Gary: No. Mr. Whipple: No, sir, just that we recommend denial of the project, we feel it is 'too intense for the area. RT . 84 12/ 15/83 0 Mayor Ferre: All right, do you want to add something that you didn't add last time? Mr. Fletcher: No, sir, we said it all last time. Mayor Ferre: Are there questions? Does any members of the public wish to speak on this issue? Mr. Perez: Could I ask the developer, let me ask him some- thing. How the deferral will affect your project? Mr. Fletcher: If we obtain a deferral, we will be in rather large trouble from our financing. Mr. Socarras can address that better than I can but we have been attempting to pro- ceed with this for a considerable period of time now. Additionally, if it is too much of a deferral, under your ordinance we will have an automatic denial, as the agenda states today. Mayor Ferre: No, that's not so. Mr. Fletcher: The Commission may extend the time. Mayor Ferre: There are legal ways. All right, further questions? Mr. Plummer: Mr. Mayor, I just asked, and I want to put on the record, that all applications are, in fact, subjected to the Metro Traffic and Transportation and the usual procedure is if there is no objections they do not answer and in this particular case there is no answer which means they have no objections from a traffic and transportation standpoint. Mr. Carollo: If that's the case, let's save time and we've gone over this. Mr. Plummer: Okay, I just want that on the record, Joe, that's all I'm saying. Mr. Carollo: I'm glad you put that on the record, but what I'm saying, all the other issues, to my understanding, we have gone over them very thoroughly and I made the motion to move it last time and I'm willing to make it again. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mr. Robert Clark: Mr. Mayor, the covenant referred to by Mr. Fletcher is now being reviewed by a member of the Law Department. It has not received the approval of the Law Department as yet. Mayor Ferre: Then, sir, we cannot vote on this issue until it is. Mr. Fletcher: Excuse me, that's not correct. Mr. Geraldo Salman went down to the Law Department, had it checked with them, they suggested the changes in the language. Mr. Clark: And it has not been brought back yet until this evening, Mr. Fletcher. Mr. Fletcher: It was provided to the Planning Department this morning, sir, I gave them two copies so it could be distributed and I find it.... Mayor Ferre: Mr. Fletcher, that may or may not be but I want to tell you - I'm voting with you but I'm not going to RT � 12/15/83 0 vote against the Law Department's recommendation and you don't want me to I'm sure. And once the Law Department is ready to make its recommendation this evening, and I hope before I leaver I'll be ready to vote for it. Mr. Fletcher: All right. We have three copies in the hands of Ms. Maer now. Mayor Ferre: Mr. City Attorney, how long will it take for you to ...? Mr. Garcia -Pedrosa: We'll have it as promptly as possible, Mr. Mayor. Mr. Dawkins: You just said it was in the hands being re- viewed by a law member now, now I understand you're just getting it in your hands. Now what are we doing? Mr. Clark: I was right both times, we are reviewing it and when I said it it was in our hands, she just put it in our hands. Mr. Plummer: Mr. Pedrosa has said their opinion will be immediately, mas o menos. NOTE FOR THE RECORD: AGENDA ITEM # 3 WAS CONTINUED TO JANU- ARY 129 1984. NOTE FOR THE RECORD: AGENDA ITEM #4 WAS WITHDRAWN. ----- - -- - - - - - - - - - - -- -- --- -- - -- ---- --- - - - - - ----------- --- 25. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION 5040 N.W. 7 STREET FROM RG-3/6 AND RG-1/3 TO CR-2/7• Mayor Ferre: We're now on Item #5 which is Airport 7. Planning Department recommended denial, Zoning Department recommended 5 to 0 in favor. Are there any opponents pre- sent? Are there any members that are opposed to Item 5? This is on N. W. 7th Street. All right, who is the appel- lant, the applicant? So the applicant makes his presenta- tion first. Mr. Robert H. Traurig: Thank you, Mr. Mayor, for the record my name is Robert H. Traurig. I'm an attorney with offices at 1401 Brickell Avenue and Airport 7 Associates consists of a joint venture between J. David Perez and Mr. Camilo Padreda. They are the owners of this tract of land on N. W. 7th Street which you can see outlined in this aerial photo- graph which is a parcel of property at 4930 through 4990 N.W. 7th Street. It is on the south side of 7th Street about 370 feet east of 51st Avenue and basically it consists of two separate tracts, one being north of an alley and the other being south of the alley and the distance south of the alley is 110 feet. We have a tract that consists of about 1.83 acres. We think that the City made a mistake when it changed the zoning maps when it converted from the old zoning classifications to the new because this property at the time of that conversion was zoned R-C and R-C permits an office building but when the City came along and made the change it made the change into a strictly residential clas- sification and we want to build and office building and we want to have a bank in the office building and we think it is a very simple situation. 7th Street to the east of this property is totally developed with commercial enterprises. Mr. Carollo: Bob, do you mean that instead of going up in density we went down? RT 86 12/15/83 0 0 Mr. Traurig: The City took this commercial classification and reduced it to residential. Mr. Carollo: Mr. Whipple, this has got to be the first time that this has happened our history, at least since I've been on this Commission. Can you recollect it happening before? Mr. Whipple: Yes, we have had several instances with the adoption of 9500 that there have been some changes in zoning classifications. Mr. Carollo: Especially in this type of area, in 7th Street? Mr. Whipple: Yes, sir, however, when Mr. Traurig is done I would be glad to give the Department's viewpoint. Mr. Carollo: Go ahead, Bob, I'm sorry. Mr. Traurig: Well, I'd like to show you the old map and the new map. This is the old map and it shows the R-C contigu- ous to the C-2 and the C-4 and all that C-2 and C-4 is now R-2/7 but our parcel which was the old R-C is now thrown into the RG-3/6. We're asking for a nine story office building so that we can build to the same height as the property immediately to the west of us and we would like to build an office building just the way we could have built it until the City arbitrarily in June changed the zoning clas- sification. Because you are so behind schedule, I don't want to deal with the subject any more but we are prepared to answer questions. We can make a fuller presentation, I'm trying to abbreviate it for the sake of all these other people waiting for other items. Mr. Carollo: Any questions from my colleagues on the Com- mission? Mr. Whipple, can we have your rebuttal, sir? Mr. Whipple: Yes, sir. The Planning Department recommends denial of this item. We feel that the area is residential in nature but recognizing that commercial development does, in fact, as Mr. Traurig indicated, exist to the east. All the development across the street, all the development to the west except for some non -conformities is residential in nature. The immediate properties are residential, for instance. I call your attention also that the request is in two parts, where, in fact, the upper part or tract "A" was zoned R-C and we have recommended the RG-3/6, the lower tract, tract "B" was zoned duplex and it is being requested also for office development, and, as you can see that is a very strong encroachment into that single family and duplex area. Tract "B" is by itself completely out of context with respect to what they're requesting. Again, very simply, it is the land use character of the area and the compatibility of the area. We feel there is enough commercial zoning and office development to the east of the subject property to accommodate the needs in this area and recommend denial of this item. Mr. Traurig: Very quickly in rebuttal. All the properties east of this all the way to le Jeune Road are developed with commercial. With regard to the development of this site, I would like you to know that as early as 1981 we had a com- pleted set of plans and we were prepared to develop the office building. Because of the economic conditions that have existed during this period of time, they did not go forward and draw a building permit, now they are ready to build an office building and find that their zoning has been changed and we think rather arbitrarily. With regard to the property south of the alley, we need it for parking, we RT 8'7 12/15/83 don't intend to build a building there, we could have accom- plished it under the old ordinance with a conditional use, we can accomplish it with a special exception under this new ordinance but we would like to have uniformity of zoning for the purposes of our financing and we urge you to consider that CR-2/7 for the entire parcel. Mr. Carollo: Mr. Whipple, do you think that by the change of zoning classification from the high density that it was to a lower one that it is now in any way that the Planning Department changed the value of the property? You've got think about that. Mr. Whipple: (1) I'm not sure that the intensity or the density, as you put it, was changed. This is zoned a Sector 6 which is still a very high intensity. I think the main issue would be the usage, office versus residential. I think it we had time to check it we would find the density or intensity would be basically comparable. Mr. Carollo: You know, I'll be very blunt where we're short for time today so I'll be very blunt. I really find it appalling that the Planning Department would do this and particularly in such a small little area that only affected these two lots. I don't know what the reason behind it was but I don't buy what you're telling me. And what I'm seeing here is that the owners of that property that had that property zoned at a classification that they could build an office building before by this quirk of the law that was made are going to take a heck of a fall and I think it is' an undue and unjust hardship that you are creating on these people there and it just don't make sense at all to me by looking at the zoning classification that is around it. And this is the first time that I can recall since I have been on this Commission that something like this was done. I'm ready to make a motion and my motion is to uphold the Zoning Board's recommendation for approval. Mayor Ferre: All right, is there a second to that motion? Mr. Perez: I second. Mayor Ferre: Further discussion? Mr. Whipple: Would that include the entire tract "A" and ItB"? _ Mr. Carollo: Yes, sir, the complete Zoning Board recommen- dation. Mayor Ferre: That is your request, isn't it? Mr. Traurig: Yes, sir. Mr. Plummer: Mr. Mayor, I have this speech, Joe, maybe I have been around too long. Mayor Ferre: Well, tell me which speech it is so we can save some time. Mr. Plummer: Speech 73-B- .... Very simply, to me it is the same as confiscation without compensation. You remember all the rest. Mayor Ferre: Yes, thank you. Mr. Gary: Yes, but you know, I guess I'll send you a memo responding, and I'm sorry that you're appalled, but we're not attempting to confiscate his land. HT 88 12/ 15/83 0 11 Mr. Plummer: You didn't confiscate his land, you confiscat- ed the right of the individual property owner to use his land as he bought it. When you take away that right you compensate him. Mr. Gary: Well, if I may finish my statement. The section we are primarily concerned with is Section "B", in my esti- mation that is not a confiscation, we're talking about encroaching in a residential area and if you're going to cut the line off at the "B" Section I think we as the staff can reconsider our opposition to this particular project but Section "B" is the one that is of primary concern, excuse me, tract "B". Mr. Plummer: Wait a minute. Mr. Gary: Look at it. That is what we are primarily op- posed to. Mr. Plummer: That is not what I understood. Bob, for the record. Mr. Padreda spoke to me prior to the meeting and informed me that this was a case in which the property had been changed from one classification to another. Now, I want you to speak or let him speak to the south portion which was formerly duplexes. Now, from what I understand is not exactly what I understood from the beginning. Mr. Traurig: Well, I think I mentioned to you that the parcel was divided into two tracts, one being north of the alley, the other being south of the alley. We recognize that there is some residential development on N. W. 5th Street. This Commission has very often taken a position that where one has a large parcel property that the zoning classification should be uniform. We would like to have a unified zoning classification because for financing purposes it simplifies our application for mortgages on on the prop- erty. This Commission and the Zoning Board would also under normal circumstances grant transitional use or grant an old conditional use or grant special exceptions and so forth to permit parking on this property. So if use is the issue, and we don't intend to put a building on this tract but only to use it in the manner that the City would have permitted the use absent the change in zoning, we're saying to you would you consider the unified zoning of the CR-2/7 on the entire parcel which simplifies.... Mr. Plummer: Have you given a covenant to that affect? Mr. Traurig: No, but between here and the second reading, Mr. Plummer, we voluntarily proffer that covenant which will be in the hands of the City Attorney. Mr. Plummer: Let me tell you I'm going to vote for it... Mr. Carollo: that is included in the motion. Mr. Plummer: I'm going to vote for it, Mr. Gary, but I want you and the Department to remind me that I want to look very closely at that covenant. Okay? I'm going to vote for it on First Reading. It is your responsibility to remind me. Mr. Whipple: Could I just correct one statement that was made? Mr. Dawkins: Under discussion, I'm the only one who looks like who sits here and says that the people constantly purchase a piece of land knowing what they can do with it and come before this Commission and change it to their will. And every time this happens here we had this morning a piece of land that they said you can only put 48 units on and we RT ' p9 12/ 15/83 allowed 150 units because the Federal Government will not give you any money if you don't have 150 units. Now, you have a piece of property zoned duplex and because an indi- vidual owns the most of it and is desirous of making do with it what he wants on the lower end, disregarding the rights of people in Tract 1, 2, 30 40 5, (and what is the number of the last two tracts over there?). See, I mean in my opinion it just isn't right and I will be voting against the motion. Mr. Gary: Mr. Mayor, I would like to remind the Commission of what happened to us in Coconut Grove when we started this process, it started off a chain reaction whereby we ended up rezoning in effect a whole block as the result of setting that one precedent. Once you do it for one you cannot stop for the other. And if you look at that line that is drawn below, you're going to have the people to the east of that property asking for the same thing and there is no way you can deny it. I am under the impression that if you give him the zoning just for the northern half that he can get, as an exception transitional use, that for parking. But again, once you do it for parking it detracts away from people living in the neighborhood because who wants parking right next to their duplexes. Mr. Dawkins: Mr. Gary, I have no problems with individuals wanting to change if we give it to somebody, I have no problem with that. I mean that is no more than right. Mr. Gary: You're missing my point though. I'm saying by doing this you are going to be setting a precedent. We are recommending against it. But by doing it you're going to be setting a precedent that you would not be able to deny other people once you give it to one and we are opposed to that second half. Mr. Plummer: Well, let me put on the record. Okay? Obvi- ously, if your map is correct, there is not too much opposi- tion and opposition is red and there is only one person who responded negatively. Okay? So, you know, one of the criteria in my estimation of whether zoning is good is what the neighbors take into consideration and there is only one person who is opposed. Now, I'm telling you that at this particular... Do I understand correctly that you approve Tract "A"? Mr. Whipple: No, sir, the Manager said we would reconsider Tract "A" our position between now and the next reading. Mr. Plummer: Well, Okay, I want you to come back and also remind me about a covenant. Okay? I'm going to vote for it today, as always, reserving my right to change my mind on the second. Mr. Whipple: As have rushed today, we would like the oppor- tunity to bring other information that we haven't covered today back also. Mr. Plummer: Mr. Whipple, you are always available. Mr. Dawkins: Mr. Whipple, for my information, there was only one body who opposed this? Mr. Plummer: That's it, one person. Mr. Dawkins: And how many in favor? Mr. Whipple: Nobody returned. Mr. Traurig: Mr. Dawkins, could I call your attention to that aerial photograph that Mr. Carollo just handed you? RT 90 12/15/83 Those are all apartment houses, those are not single family homes, we're not invading a single family neighborhood. Those are large apartment houses to the west of us on those lots that you called attention to. Mr. Dawkins: Is that true, Mr. Whipple? Mr. Whipple: Yes, sir. And that is one of the reasons we were recommending the zoning remain as it is, to correspond to those apartment buildings. Mr. Dawkins: 1, 2, 3, 4, and 5 is vacant? Mr. Whipple: No, sir, they have single family homes on them. They are talking about that brown area to the north. Mr. Dawkins: Wait now, where is that on here then? Mr. Traurig: Those are apartment houses. Mr. Dawkins: That's right, homes. That's multi -family. line is? Mr. Traurig: Yes. those aren't single family Does the tract end where the Mr. Dawkins: He says that is the end of the tract, now I have to go along with him. Mayor Ferre: All right, gentlemen, make up your minds. Mr. gary: Well, I'd like to make one little comment to disagree with my good friend mr. Traurig. Mayor Ferre: Well, this is on First Reading, so if you don't mind tell us about the rest of it on Second Reading. Further discussion? Call the roll, on First Reading. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 5040 NORTHWEST 7TH STREET MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-3/6 GENERAL RESIDENTIAL AND FROM RG-1/3 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL -RESI- DENTIAL (COMMUNITY); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 31 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFER- ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre RT %7JL 12/ 15/83 NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. -r - - - -- - - - ---- - -r -- -- - -- - - - - -- - rr--r - -r - -- .. - - - - - - - - - - -r - - - - - 26. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION PROPERTY BOUNDED BY I-95 EXPRESSWAY, S.W. 15TH ROAD, S.W. 17TH ROAD AND S.W. 2ND COURT FROM RS-2/2 AND RG-2/5 TO CR-2/7. ----------------------------------- ----- -------------------- Mr. John Fletcher: Mr. Mayor, could you complete Item #1? We have resolved the difficulties. Mayor Ferre: As soon as they are ready on Item #1. Mr. Garcia -Pedrosa: We are ready, Mr. Mayor. Mayor Ferre: All right, would you read into the record? Mr. Garcia -Pedrosa: Mr. Mayor, we found a couple of prob- lems with the covenants as tendered and the proffer that I believe is being made now is for an execution of the cove- nant by Jose and Mildred Acosta themselves and a power of attorney from the Acostas to Mr. Socarras in connection with his appearance at this meeting and I understand that the proffer is that they will have that to us no later than tomorrow. If that be the case, then we would not have any objection to this item. Mayor Ferre: Okay. Now the motion, therefore, stands made by Commissioner Carollo... - Mr. Carollo: I made the motion based upon the information the City Attorney has given us. Mayor Ferre: Seconded by Perez based on the statement read into the record by the City Attorney. Mr. Plummer: Mr. Mayor, I think the proper way this should be handled is subject to the proper document being submit- ted.... Mr. Garcia -Pedrosa: No. What I would like is for them on the record to make that proffer to the Commission. Mayor Ferre: All right, would you make that proffer to the Commission? Mr. Fletcher: Yes, sir, we do, sir. Mayor Ferre: Is that acceptable to you, the way he has just done it? Mr. Garcia -Pedrosa: I'm sorry, Mr. Mayor, I didn't hear it. Mr. Fletcher: I said yes, we make that proffer as stated by you. Mr. Garcia -Pedrosa: Fine. Mr. Plummer: You fully understood the statement? RT ^� 12/15/83 Mr. Fletcher: Mr. Plummer; stand him. AN ORDINANCE - Yes, sir. You're better than I am, I never can under - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 49 5 AND 61 BLOCK 169 AND PORTIONS OF LOTS 18, 19 AND 20, BLOCK 17, HOLLE- MAN PARK (8-23), MIAMI, FLORIDA, FROM RS-2/2 (ONE FAMILY DETACHED RESIDENTIAL) TO CR-2/7 [COMMERCIAL- RESIDENTIAL (COM- MUNITY)J, BEING THE PROPERTY BOUNDED BY THE I-95 EXPRESSWAY, SOUTHWEST 15TH ROAD, SOUTHWEST 17TH ROAD AND SOUTHWEST 2ND COURT, MIAMI, FLORIDA, BY MAKING FINDINGS; AND BY MAKING THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 BY REFERENCE AND DESCRIPTION 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 November 18, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, 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 Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9764. 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. 27. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION 3571-3601 S.W. 37 AVE., 3666-3698 FRANKLIN AVE. A AP- PROXIMATELY 3621-3695 MARLER AVE. FROM RS-2/2 TO PD-H. ------------------------------------------------------------ Mayor Ferre: Hurry up, please, on Item #6. Mr. Whipple: Mr. Mayor, so that there is no panic, the initial request we recommended denial which was over a year and a half ago, our current recommendation pursuant to the way the item is before you today is for approval by the Department. RT 93 12/ 15/83 Mr. Plummer: Is there anyone wishing to speak on the issue? Counselor, put your name and address on the record. Mr. Ronald Shappo: Ronald Shappo, attorney, 1 Southeast 3rd Avenue appearing on behalf of the applicant, Miami Equity Corporation. Mr. Plummer: Do you stipulate everything herein contained in your application is true and correct to the best of your knowledge? Mr. Shappo: That's correct, Mr. Commissioner. Mr. Plummer: Anyone of the public wishing to speak on the issue? I move it, Mr. Mayor. Mayor Ferre: Further discussion? Mr. Shappo: We accept all of the conditions of the Depart- ment. 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 3571-3601 SOUTHWEST 37TH AVENUE, APPROXIMATELY 3666-3698 FRANKLIN AVENUE AND APPROXIMATELY 3621-3695 MARLER AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS- 212 ONE FAMILY DETACHED RESIDENTIAL TO PD-H PLANNED DEVELOPMENT - HOUSING DISTRICT; APPROVING THE REVISED PRELIMI- NARY DEVELOPMENT PLAN; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFER- ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins 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. RT • 9 12/ 15/83 0 4 ----------r r`rrr rr--r-------rrr----r--rr-------------i 28. EMERGENCY ORDINANCE - AMENDING ANNUAL APPROPRIATIONS ORDINANCE INCREASE APPROPRIATIONS TO THE OFFICE OF INTERNAL. AUDIT FOR FUNDING AN ADDITIONAL STAFF AUDITOR SENIOR POSITION. ---rrr`rrrrrr-r-r.rrrr rrr---------------- -r---rrr-r----------- AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9684 ADOPTED SEPTEM- BER 29, 19839 THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEM- BER 30, 1984, BY INCREASING THE APPRO- PRIATIONS IN THE GENERAL FUND FOR THE OFFICE OF INTERNAL AUDIT IN THE AMOUNT OF $28,579 AND BY DECREASING THE APPRO- PRIATIONS FOR SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENCY FUND IN THE LIKE AMOUNT FOR THE PURPOSE OF FUNDING AN ADDITIONAL STAFF AUDITOR SENIOR POSI- TION, WHICH WILL EXCLUSIVELY AUDIT SPECIAL GRANTS AND FUNDING REQUESTS APPROVED BY THE CITY COMMISSION; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins Whereupon the Commission on motion of Commissioner Carollo and seconded by Commissioner Perez, adopted said ordinance by the following vote - AYES: Commissioner Commissioner Commissioner Mayor Maurice NOES: None. Demetrio Perez, Jr. Joe Carollo J. L. Plummer, Jr. A. Ferre ABSENT: Vice -Mayor Miller J. Dawkins SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9765. 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. RT • 95 12/15/83 r IN 0 —rrrr—rirrr--rri i,iiri�rr rii.i.►rrrii.rr--r.Y--irifbr—rrr--iri—r—fl►11�r ii`i 29. APPOINT COMMISSIONER DEMETRIO PEREZ AS VICE -MAYOR OF THE CITY OF MIAMI FOR A TERM TO EXPIRE IN NOVEMBER OF 1984. r-irrrrrrrrrri—r-r.rr..—rr—r—rrr—rr--.. r.rrrrrrrr—r—r.�r—r—..r �--- The following motion was introduced by Commission- er Plummer, who moved its adoption: MOTION NO. 83-1167 A MOTION FORMALLY ACCEPTING THE RESIGNA- TION OF COMMISSIONER MILLER J. DAWKINS AS VICE MAYOR OF THE CITY OF MIAMI COMMISSION FOR THE TERM NOVEMBER 1983 TO NOVEMBER, 1984; FURTHER APPOINTING COMMISSIONER DEMETRIO PEREZ AS VICE MAYOR TO ASSUME THE DUTIES OF SAID OFFICE FOR THE AFORE -STATED TERM. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr Vice -Mayor Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSTAINING: Commissioner Demetrio J. Perez NOTE FOR THE RECORD: MAYOR FERRE LEFT THE MEETING AT 6:10 P.M. 30. SECOND READING ORDINANCE - AMEND ANNUAL APPROPRIATIONS ORDINANCE, INCREASE APPROPRIATION TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PARTIALLY FUND- ING AN ASSISTANT DIRECTOR POSITION. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9684 ADOPTED SEPTEMBER 29, 1983, THE ANNUAL APPROPRIATIONS ORDI- NANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 19849 BY INCREASING THE APPROPRIA- TION IN THE GENERAL FUND FOR THE DEPART- MENT OF ECONOMIC DEVELOPMENT IN THE AMOUNT OF $19,009 AND BY DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND IN THE LIKE AMOUNT FOR THE PURPOSE OF PARTIALLY FUNDING AN ASSISTANT DIRECTOR POSITION WHO WILL ASSIST THE DIRECTOR OF THE DEPARTMENT IN MANAGING THE DAILY ADMIN- ISTRATIVE FUNCTIONS OF THE DEPARTMENT, DIRECTING ALL SPECIAL PROJECTS ASSOCIAT- ED WITH GRANT FUNDING, ASSIST IN DEVEL- OPING NEW BUSINESS STARTS IN THE COMMU- NITY DEVELOPMENT TARGET AREAS AND PER- FORM OTHER RELATED DUTIES AS ASSIGNED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. RT 96 12/15/83 Passed on its first reading by title at the meeting of November 18, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9766. 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. -- - -- - - ---- -- ---- --- - - --- --- -- -- - - - - - - - -- - ----------- ---- --- 31. INCREASE SCOPE OF THE EXISTING AUDIT CONTRACT WITH E. P. IACONIS IN THE AMOUNT OF #55,000. ------------- -------------------------- --------------------- Mr. Gary: Mr. Vice -Mayor, Item 3 deals with adding an additional $55,000 to Mr. E. P. Iaconis' contract to audit the books of Mr. Rooney who is the construction contractor with the city with regard to the Convention Center downtown and we're in the process of trying to close out this project and we have withheld some millions of dollars pending the outcome of an audit. I must tell you as a result of this gentleman's audit we think we will be, so far we have saved in our estimation approximately ;i million dollars as the result of double charging and over expenditures and in order to complete this we're asking that he be continued to com- plete his job so that we can close out the books and save the City some money. Mr. Plummer: This is a difference between net and gross? The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-1168 A RESOLUTION RATIFYING AND APPROVING THE - ACTION OF THE CITY MANAGER AND AUTHORIZ- ING AN INCREASE IN THE SCOPE OF THE EXISTING AUDIT CONTRACT WITH E. P. IACONIS, C.P.A. IN THE AMOUNT OF $55,000 RELATING TO THE CONSTRUCTION CONTRACT FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER. (Here follows body of resolution, omit- ted 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 Demetrio Perez, Jr. Commissioner Joe Carollo RT 97 12/ 15/83 Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre rrrrrrrrrrrrrrrrr.rrrrrrrrrr+`rr-rrrrrrrrrrrrr-r rrrrrrrrrrrr�rr 32. ALLOCATE $14 000 TO COVER NECESSARY EXPENSES INCURRED BY THE 0VERT0WN BLUE RIBBON COMMITTEE. rrrrrrrrrrrrrrrrrrrrrrrrrrr rrrrrrrrrrrr-rrrrrrrr rrrrrrrrrrrr Mr. Gary: The last item on the supplemental that needs to be addressed is an additional appropriation for the Blue Ribbon Committee, budget, and for the purpose of the use of these funds have been provided to you, it is basically to do with the final printing and preparation of the report. This is the Overtown Blue Ribbon Committee. Hopefully the report will be out in January. Mr. Plummer: Miller? Mr. Dawkins: I'm the one who told you guys not to get the Blue Ribbon Committee, now why should I appropriate more money for it? Mr. Plummer: Are you telling us you're going to put $14,000 to print a report? Mr. Gary: Yes, there are some other expenses there too, but primarily. Mr. Plummer: Well, you'd better tell me what they are because if all you're going to do for $14,000 is give me a pretty book you can type it on the new B20. Mr. Gary: it is in your packets but I'll read it. Mr. Plummer: Move that it be deferred. Mr. Gary: Well, before you do that, please. Preparation and printing of final report $2,000; duplicating services $700; they need secretarial services which is the transcrip- tion, that's $1,500; the typewriter rental which they have been using is $300; consultant services, and these are the writers, the legal and the social writers, $8,500; refresh- ments $400. I recommend this so we can get this report out of the way because it has been quite some time now. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1169 A RESOLUTION ALLOCATING ADDITIONAL FUNDING NOT TO EXCEED $149300 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTIN- GENT FUND, TO COVER NECESSARY EXPENSES INCURRED BY THE OVERTOWN BLUE RIBBON COMMITTEE, APPROVED BY THE CITY MANAGER. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the reso- lution was passed and adopted by the following vote- RT 98 12/15/83 AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre ------ r.-------�• ----------db-.*---------------------- -------..- 33. SECOND READING ORDINANCE - REPEAL SECTION 62-50 OF CHAPTER 62 "ZONING AND PLANNING" OF THE CODE REMOVING ALL LIMITATIONS ON LENGTH OF SERVICE THAT MAY BE PER- FORMED BY INDIVIDUALS APPOINTED AS MEMBERS OR ALTERNATE MEMBERS OF CITY PLANNING ADVISORY BOARD AND CITY ZONING BOARD. ----------------------- ---------- ------------ ------------ --- Mr. Gary: We have to take up Item 15 in order to continue the services of the Zoning Board members beyond their origi- nal term. This was the limit of 11 calendar years that any person could serve as a member or alternate member of the Planning Advisory or the Zoning Board. AN ORDINANCE - AN ORDINANCE REPEALING SECTION 62-50, ENTITLED "REAPPOINTMENT', OF CHAPTER 62, ENTITLED "ZONING AND PLANNING", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN ITS ENTIRETY, THEREBY REMOV- ING ALL LIMITATIONS UPON THE LENGTH OF SERVICE THAT MAY BE PERFORMED BY INDI- VIDUALS APPOINTED AS MEMBERS OR ALTER- NATE MEMBERS OF THE CITY PLANNING ADVI- SORY BOARD AND THE CITY ZONING BOARD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of November 18, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9767. 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. RT 12/15/83 6 0 34. ALLOCATE $989000 1/12TH FUNDING FOR PERIOD JANUARY 1, 1984 THROUGH JANUARY 31, 19840 FOR PREVIOUSLY FUNDED SOCIAL SERVICE PROGRAMS. -rr..----r---r---ter rr-..r rr r--r r+.r rr M.. it i..r-An. r-r r it-r r r rrrri.rr Mr. Dawkins: Are we planning to hear Federal Revenue Shar- ing without a full Commission? Mr. Plummer: Sure. Mr. Dawkins: Well, I'm gone too then. I'm not taking the heat. Mr. Perez: We don't have anything on the agenda about Federal Revenue Sharing. Mr. Carollo: it is going to be impossible to come to a conclusion without a full Commission. The only alternative we have since it expires at the end of December, right Howard? Isn't it 1/12th that we approved? Mr. Gary: Yes. Mr. Carollo: Is to make a motion to approve another 1/12th then handle it with a full Commission in January. Mr. Gary: Or you can carry it until January 12th. Mr. Carollo: How full of an agenda are we going to have that day, Howard? Mr. Plummer: Excuse me, I'm glad you brought that up, Joe. Let me put it on the record.... Mr. Gary: One -twelfth now. Mr. Plummer: Let me put on the record, Mr. Gary, I am supposed to be out of town all day on the 12th. Checking around, it was almost impossible because we've got a meeting on the 5th which you do not show up there. Okay? I'm now informing this Commission that I am going to have to leave at about noon on the 12th. So I don't want to throw you into jeopardy, I am giving you almost a month's notice, but Mr. Gary, I am out of the City representing the City in Tallahassee, I have to be there for Proposition One, I'm the vice-chairman of that Committee. Mr. Perez: Would you like to propose to have the First Reading at the January 12th Meeting? Mr. Plummer: Mr. Vice -Mayor, I am at your pleasure, at the Commission's pleasure but I do have to be there. I think a very important subject coming before the State of Florida this year is Proposition One, I am vice-chairman of that Committee, I must be there. So I will have to leave at approximately noon. Mr. Perez: Do we have any proposition in that direction? Mr. Carollo: We should then maybe take that as the number one item on the agenda. Mr. plummer: May I make an alternative suggestion? Since the January 5th Meeting is only a single item, that you include it in on the 5th Meeting rather than to prolong the 12th. That is just merely a suggestion, if it meets with others' approval. .100 RT 12/15/83 0 0 Mr. Carollo: You're right, I had forgotten about the 5th. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-1170 A RESOLUTION ALLOCATING $98,144 OF FY'83-84 FEDERAL REVENUE SHARING FUNDS APPROPRIATED BY PASSAGE OF ORDINANCE NO. 9684 TO PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES LISTED HEREIN IN AN AMOUNT NOT TO EXCEED 1/12TH OF THE TOTAL RECOMMENDED ALLOCATION TO EACH AGENCY FOR FY-83-849 FOR THE PERIOD FROM JANU- ARY 1, 1984 THROUGH JANUARY 31, 19849 AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE AFOREMENTIONED AGENCIES, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre RT 101 12/15/83 ---IN.r""rrrr+s-ra.--r..r---rr------ira:r-iis. rr-r..rrrr 1.rarrr.F.a-db&.-d..ra.r 35- MOTION REFERRING A PROPOSED SECOND READING ORDINANCE, SPECIAL PUBLIC INTEREST DISTRICTS SECTION 1570-BRICKELL- MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL, ETC., OUT THEIR PROBLEMS, RESCHEDULE FOR FEBRUARY 23, 1984• rr----rrrrr---------------r--r--1iO.-------r-rrrr-.rr---r--r--- Mr. Garcia -Pedrosa: Mr. Vice -Mayor, if you don't take up Item 9 today it will be deemed to have been denied because your time has run out. Mr. Gary: We want to send this back to the PAB. Mr. Garcia -Pedrosa: And to have it back the 23rd of Febru- ary. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 83-1171 A MOTION REFERRING A PROPOSED SECOND READING ORDINANCE AMENDING SECTION 15 OF ORD. 9500 ("SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1570, SPI-7, 7.1, 7.2); BRICKELL-MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICTS, ETC. BACK TO THE PLANNING ADVISORY BOARD IN ORDER THAT THE PARTIES COULD WORK OUT THEIR PROBLEMS; FURTHER STIPULATING THAT THIS MATTER SHALL BE PLACED ON THE CITY COMMISSION AGENDA SCHEDULED FOR FEBRUARY 23, 1984. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre Mr. Dawkins: Why do we send it back? Mr. Sergio Rodriguez: The reason why we are trying to move it to the PAB is because there are many issues which are still unresolved and last time when we met with you you asked us to meet with different people affected by these changes in the ordinance and we believe that there are so many that if we don't stop the clock right now either you have to deny it today, I mean if you don't act today it will be denied, and by going to the PAB it will give us time to work out the problems with the different parties involved in this. Mr. Traurig: Could I ask when it would go to the PAB, Mr. Rodriguez? Mr. Rodriguez: I will schedule the meeting in January 18. 102 RT 12/15/83 ---..--�--i.i iftb.. i i.--.bAF.db 0.-100—� —.0"--dwm_dbn.riiir i.. �►i ilk 36. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION 955 N.M. 3 STREET FROM RG-2/5 TO RG-3/5. i..-.►....-i.i---.... i-frr----..--....-fti..--i. i.-ir..-�..---..-i-...M-1i------i Mr. Richard Whipple: Item 7 is a Planning Department re= quest correcting an error in 9500. There is no objection to it. 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 955 NORTHWEST 3RD STREET (A/K/A VICTORIA HOSPITAL), MIAMI, FLORI- DA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO RG- 3/5 GENERAL RESIDENTIAL; MAKING FIND- INGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 35 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 3009 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------ 37. OFFICIAL VACATION AND CLOSURE OF N.E. 52 STREET AS FURTHER DEFINED IN TENTATIVE PLAT #1205-A, DOUGLAS GARDENS, MIAMI JEWISH HOME FOR THE AGED, PORTIONS OF N.E. 52 TERRACE, N.E. 1 AVE., N.E. 52 ST. & N.E. 1 CT. ------------------------------------------------------------ Mr. Richard Whipple: The Planning Department would recom- mend approval of this street closure in accord with the recommendation of the Plat and Street Committee. Mr. Plummer: Mr. Traurig, put your name and address on the record. Mr. Robert H. Traurig: Robert H. Traurig, 1401 Brickell Avenue. Mr. Plummer: Is there anyone here in the public that wishes to speak on Item 8? Mr. Traurig, would you make your volun- tary statement on the record, sir? -.103 RT 12/15/83 Mr. Traurig: To be consistent with what others who have closed streets have proffered to the City, we will be happy to plant trees on the westerly border of the property. I think it is necessary though for this Commission to under- stand that although we are closing a street we're moving it further west, I mean we're moving our boundary further west where there is a street. But we will, nevertheless on our westerly boundary.... Mr. Plummer: Mr. Traurig, we don't hear very well, sir. Mr. Traurig: Well, we have just made the proffer voluntari- ly of those trees. Mr. Plummer: As recommended by the administration? Mr. Traurig: As recommended by Commissioner Plummer which is the three black olive trees that you normally recommend. Mr. Plummer: How the hell are you going to put three black olives on that big blue spot up there? Mr. Traurig: No, we will be happy as recommended by the administration to put trees on the westerly boundary of our property. Mr. Plummer: I am hearing better all the time. I'm sorry, we don't hear you. That's on your property. Now, what are you going to do for the public? Bob, you're about to get deferred. Mr. Traurig: Our entire existence is to serve the public, it is a non-profit corporation. Mr. Plummer: So do we sitting here. We're non-profit, we weren't designed that way, it just worked... Mr. Traurig: We have a landscape plan in connection with the expansion of the campus and within that landscape plan there is a provision for trees on the perimeter of the property. We will augment that to the extent that the Planning Department requests it. Mr. Gary: I hear him. Mr. Plummer: Yes. I move it, of course. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1172 A RESOLUTION CLOSING, VACATING, ABANDON- ING AND DISCONTINUING THE PUBLIC USE OF NORTHEAST 52ND STREET BEGINNING AT A POINT + 450' EAST OF THE EAST RIGHT-OF- WAY LINE OF NORTH MIAMI AVENUE, RUNNING EAST FOR A DISTANCE OF + 360' TO THE INTERSECTION OF NORTHEAST -1ST COURT AND NORTHEAST 52ND STREET; NORTHEAST 1ST COURT BEGINNING AT THE NORTH RIGHT-OF- WAY LINE OF NORTHEAST 51ST STREET, RUNNING NORTH FOR A DISTANCE OF + 240' TO THE INTERSECTION OF NORTHEAST 52ND STREET AND NORTHEAST 1ST COURT; NORTH- EAST 52ND TERRACE BEGINNING AT A POINT + 450' EAST OF THE EAST RIGHT-OF-WAY LINE OF NORTH MIAMI AVENUE RUNNING EAST FOR A DISTANCE OF + 85' TO THE INTERSECTION OF RT 104 12/15/83 0 6 NORTHEAST 1ST AVENUE AND NORTHEAST 52ND TERRACE; NORTHEAST 1ST AVENUE BEGINNING AT THE SOUTH RIGHT-OF-WAY LINE OF NORTH- EAST 53RD STREET, RUNNING SOUTH FOR A DISTANCE OF + 200' TO THE INTERSECTION OF NORTHEAST 52ND TERRACE AND NORTHEAST 1ST AVENUE, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1205A, "DOUGLAS GARDENS REVISED". (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre ------------- ------------------ ----------------------------- 38. SECOND READING ORDINANCE - ORD. 9500 TEXT CHANGE BY AMENDING ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULA- TIONS, SUBSECTION 2003.69 ETC. ------------------------------------------------------------ Mr. Perez: Do we have anyone here on #10? Mr. Whipple: #10 is a Planning Department application again amending two areas in 9500 which needed to be clarified and written so that they could be properly enforced. I'm sorry, it wasn't just two items, these are corrective measures for 9500 clearing up the language and introducing items that were in 6871 that were left out in 9500. RT .105 12/15/83 0 0 AN ORDINANCE AN ORDINANCE AMENDING THE TEXT OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTIONS 2003.6 TO PROVIDE FOR PERMA- NENT WHIRLPOOLS AND SIMILAR FACILITIES AND 2005.7 TO EXCEPT SWIMMING POOLS, WHIRLPOOLS AND SIMILAR FACILITIES FROM THE DEFINITION OF YARDS; BY ADDING A NEW SUBSECTION 2008.11 PROVIDING RECREATION FACILITIES SETBACKS; BY AMENDING SUBSEC- TIONS 2018.2.1 AND 2018.2.2 RELATIVE TO TRANSITIONAL AREAS AND PARKING IN NON- RESIDENTIAL AND RESIDENTIAL AREAS RE- SPECTIVELY; 2025.1.27.2, 2025.1.27.3 AND 2025.3.8 BY DELETING CERTAIN PROVISIONS RELATIVE TO SPECIAL PERMITS AND CON- STRUCTION AND DEVELOPMENT SIGNS AND BY ADDING A NEW SUBSECTION 2028.1 PERTAIN- ING TO CLUSTERED DEVELOPMENTS; FURTHER BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 "LIMITA- TIONS ON SIGNS" BY ADDING PROHIBITIONS PERTAINING TO CLUSTERED AND PLANNED DEVELOPMENT HOUSING; PAGE 2 "LIMITATIONS ON SIGNS" BY INCREASING THE ALLOWABLE AREA FOR CONSTRUCTION SIGNS; PAGE 30 RO- 2, RO-2.1, RO-39 AND R0-4, "LIMITATIONS ON SIGNS" BY PROVIDING REFERENCE DIS- TRICTS, ELIMINATING WALL AND PROJECTION SIGNS AND PROVIDING THAT DEVELOPMENT SIGNS ARE PERMISSIBLE BY SPECIAL PERMIT; PAGE 49 CR-2 "PERMISSIBLE USES AND STRUCTURES" BY CHANGING THE USE CLASSI- FICATION OF PRINTING ESTABLISHMENTS AND LIMITATIONS ON SIGNS BY INCREASING THE SIZE OF CONSTRUCTION SIGNS AND REQUIRING SPECIAL PERMITS FOR DEVELOPMENT SIGNS; PAGE 5, "LIMITATIONS ON SIGNS" TO IN- CREASE THE SIZE OF CONSTRUCTION SIGNS AND CBD-19 "PRINCIPLE USES AND STRUC- TURES" TO PROVIDE THAT SPORTS ARENAS AND EXHIBITION HALLS ARE PERMISSIBLE BY MAJOR USE SPECIAL PERMIT; AND PAGE 6, GU "PRINCIPLE USES AND STRUCTURES" BY PROVIDING FOR LEASE OF GOVERNMENT PROP- ERTY TO THE PRIVATE SECTOR FOR USES THAT FURTHER GOVERNMENTAL PURPOSES AND GU AND PR TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, MINIMUM LOT REQUIREMENTS, MINIMUM OPEN SPACE REQUIREMENTS, MAXIMUM HEIGHT, MINIMUM OFF-STREET PARKING REQUIREMENTS, FLOOR AREA LIMITATIONS AND LIMITATION ON SIGNS TO ALLOW FOR ISSU- ANCE OF A MAJOR USE SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of November 18, 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 Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Commissioner Joe Carollo RT • 106 12/15/83 0 6 NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9768. 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. 39. SECOND READING ORDINANCE - AMEND CHAPTER 17 "ENVIRON- MENTAL PRESERVATION" OF THE MIAMI CITY CODE. Mr. Whipple: #11 is also a second reading pertaining to the City Code of Miami as it deals with the Environmental Pres- ervation Districts and the Historic Conservation Board, amending procedures thereof. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 17 ENTI- TLED "ENVIRONMENTAL PRESERVATION" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS 17-1, 17- 3, 17-51 17-6, 17-7, 17-8, 17-9, 17-109 17-119 17-129 17-15, 17-16 AND 17-17 BY CLARIFYING LANGUAGE, FEES AND PROCEDURES PERTAINING TO TREE REMOVAL, CERTIFICATES OF APPROPRIATENESS, AND TREE REMOVAL ENFORCEMENT; BY REQUIRING PERFORMANCE BONDS AND FLORIDA LICENSES FOR LANDSCAPE ARCHITECTS AND LANDSCAPE CONTRACTORS AND SHORTENING THE APPEAL PERIOD; FURTHER, ADDING NEW SECTIONS 17-18 AND 17-19 PERTAINING TO REVISED FEE SCHEDULES AND UNIFORM STANDARDS FOR HANDLING CASES OF ILLEGAL TREE REMOVAL RESPECTIVELY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of November 18, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9769. 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. RT • 107 12/ 15/83 6 6 do OF. ..br+rrAad." . ditdb r+wfr�r.r.a.—rr-40a.rr—.rr— .-..r►ar.rrWOO4b rrrrrrrrrrr��. 40. REFER A PROPOSED SECOND READING ORDINANCE CONCERNING ZONING CHANGE REQUEST 185 S.E. 14 TERN. A 200 S.E. 14 ST. TO THE ZONING HOARD IN ORDER THAT A PUBLIC HEARING MAY BE HELD. THE MATTER TO BE REST FOR THE CITY COMMIS- SION MEETING OF JANUARY 261 1984. rrrrrrrrr..rrrrr+.rr.►rrr-rrr--rrrrrrr-rrrrrrrrrrrrrrrrrrrr..rrr Mr. Perez: Okay, now, we have a clearing at 6 O'Clock for #14. Mr. Plummer: Most of you people are here on 14? Mr. Perez: Okay, where is the applicant? Mr. Plummer: Well, he is one of the applicants, there are three. Mr. Richard Whipple: If I may, Mr. Vice -Mayor, and members of the Commission, this was the item, we'll have the map up in just a moment, this is the item in the Point View area which you referred back to the Planning Advisory Board. You rezoned one parcel, parcel 5 at the last meeting RO-3/6 and you referred it back to the Planning Advisory Board and the Planning Advisory Board pursuant to our recommendation is recommending to this body RO-3/6 for Lots 6, 7, 8 and 30 but again, have not recommended this be included on Lot 4. Mr. Carollo: If I may, Mr. Vice -Mayor, I think out of fairness you should advise this gentleman that there are only four members of the Commission here and since the vote was 2 to 2 last time, if I recall, I don't see how he could get a third vote unless somebody is willing to change their mind and I'm certainly not. Now, if Plummer is, and I don't think he is either, it would fail on a 2 - 2 motion. Mr. Plummer: Excuse me, Mr. Carollo, only for a point of information, Mr. Bliss is only one of three applicants. Mr. Bliss is one, the bank is another and the property 8, 9, 10, 11, are the applicants? I'm amazed that the bank is not represented here. Mr. Alan Bliss: They already got theirs. Mr. Plummer: Only on First Reading. Mr. Whipple: Mr. Traurig is representing, I believe... Oh, no.... Mr. Traurig: If you're talking about the Sunshine State Bank, that was approved on Second Reading at the last meet- ing, I just happened to be in the room, Lot 5 is not a part of this consideration. You have already finalized Lot 5. Mr. Plummer: Wait a minute, excuse me. What did we do with the westerly lots? Is the representative here of those properties? Ms. Janet Cooper: My name is Janet Cooper with law offices at 169 East Flagler Street, representing the Point View Association, Inc. Last week at the Planning Advisory Board only Herman Romney spoke regarding those four lots and he said he was not representing anyone who was seeking the zoning change. No one else appeared, and since the last City Commission Meeting, no one from the ownership of those four lots has been in contact with me. RT ..148 12/15/83 Mr. Plummer: Mr. Bliss, I stand corrected. So in other words that item can either be deferred or denied. Mr. Perez: 1 think that Commissioner Carollo pointed out something, we don't have a full Commission today, at the last meeting it was moved by Mayor Ferre who is not here, but you have two votes against, maybe you don't have the three votes and he offered that option, if you want to defer or continue it to the next meeting. Mr. Bliss: I appreciate that, and I didn't notice until I got the thing today that we have a time extension of 90 days from the 15th, so I would like it deferred. I would like, if I may, just to straighten out something that was in question on the 18th just for the record, it will only take about 3 minutes to explain what the man was confused about on the 18th. Mr. Carollo: Mr. Bliss, in all fairness, sir, and with the time constraint that we have, it is fine if you want to do that but you know, unless you want us to vote on it, if you want us to vote on it I'll give you whatever time you need... Mr. Garcia -Pedrosa: Commissioner Carollo, can I be heard for a moment? Mr. Vice -Mayor, may I please? The City Manager, I think the record should reflect, has excused himself. I want to say that we may have a legal problem because of the zoning of Lot 5. First of all, if you defer this you deny it because the time has run out. Mr. Carollo: No, it is 90 days from December 15th. Ms. Cooper: That is incorrect, Mr. Carollo. It was sup- posed to run out as of November 28th and then we got an extension by sending it back to the Planning Advisory Board Meeting last week but that would run out as of today, it is my understanding that today is the last day this can be decided. Mr. Carollo: Janet, I was just reading from what they gave me here. Mr. Garcia -Pedrosa: No, you're right, Mr. Carollo, that is what the agenda says but that is incorrect. Mr. Carollo: Okay, that is incorrect then. Mr. Garcia -Pedrosa: The other problem is that if the lot that is left there then would be spot zoned if we don't have a contiguous zoning classification and I just want the Commission to know that. Mr. Carollo: Well, I'm not going to be voting in favor of the motion, I'm still going to vote against it, unless Commissioner Plummer changes his mind there is no way that you could get enough votes to pass it. Mr. Plummer: Well, I think at this particular point there is nothing you can do but defer it. The man has the right to have a full Commission on a 2-2 tie. Mr. Bliss: I request a deferral if it is possible, if it is proper. Mr. Carollo: How can we go about it to.... Mr. Garcia -Pedrosa: went, if we might. Let us check on the time for one mo- RT 109 12/ 15/83 0 6 Ms. Cooper: While they're checking on that, Mr. Plummer, this application has been before you since December of last year. The people have been down here time after after time. We have made ourselves available to speak with Mr. Bliss, he called me again this afternoon trying to see if he can resolve it, but he has not done that in a way that has given us the opportunity to have any meaningful discussion with him. This afternoon was just really not an opportunity to do anything meaningful and we have been trying to talk with him for a long time. The Planning Department has never recommended any change on this property. The people have always been opposed to any change on this particular proper- ty. The Zoning Board recommended no change, the Planning Advisory Board recommended no change and the feeling of the Commission has consistently been, based upon the conversa- tion, that there should be no change. I think it would be a disservice to Mr. Bliss who really needs to have a decision one way or another, and certainly to the community to put this off any longer. So we would ask for a decision to be made tonight. Mr. Plummer: But Janet, for the record, I think about 90 per cent of the requests for deferral were on your part which were granted. In all fairness. Now, the City Attorney is telling us as it stands today, Mr. Bliss is zoned one way. This Commission changed the center portion to another and ;he west is also up for a possible or denial. Okay? You know my feelings on the west property and that is to not change it. That is my feelings. I've said that to you before, I've said it to these people at the meeting which I attended. I still have problems with the Commodore. All right? That leaves us in a hiatus standpoint of the spot zoning and being challenged in court. The third point is that of the timing. Mr. Perez: What are you suggesting, Mr. City Attorney? Mr. Garcia -Pedrosa: You can send it back to the Zoning Board if you wish for a public hearing and bring it back here on a date certain. You can do that. Mr. Plummer: Where does that leave you as far as defending a spot zoning application? Is it still as such with the fact that you're still under consideration and the challenge would not be .... Ms. Cooper: Excuse me, if I may address the spot zoning issue... Mr. Plummer: No, he brought it up, let him address it. Mr. Garcia -Pedrosa: I want to hear her first. Ms. Cooper: Thank you, that's quite a compliment, I appre- ciate it. The spot zoning issue, as I understand it, arises on Lots 6, 79 8 and 30, not on Lot 4. If we were to leave Lot 4 the zoning it is today it would be contiguous with the RG-3/7 property that is zoned that way to the south and that is not a problem whether you change it or leave it as far as the spot zoning issue arises. The only issue with spot zoning arises on 6, 71 8 and 30. The Planning Department has recommended, and the Planning Advisory Board went along with the change to RO-3/6 on those three lots and the people agreed that that would be suitable, that would eliminate your spot zoning question and, if you were to leave ... Mr. Plummer: I told you before, I'm not changing that zoning. Okay? Hey, why. should I change zoning when the people don't even show up? That is defiance. RT - 110 12/ 15/83 Ms. Cooper: Because to deny it might raise the issue of spot zoning. However, I should point out that their attor- ney ... Mr. Plummer: Excuse me, I have stated on the public record, to you privately, to this group publicly - I am opposed to the changing of that zoning. So I am not going to do that. My only area of concern is the Commodore property. I'm sorry, don't ask me to change on that one. Ms. Cooper: I'm not then. I should also point out to remind the City Attorney that the attorney for those four lots waived any objection based on spot zoning at the previ- ous Commission Meeting. Mr. Garcia -Pedrosa: Mr. Plummer, having been gentlemanly with Ms. Cooper, I do have a concern if the matter is not acted on, but rather than try to resolve that concern now, my recommendation to the Commission would be that the matter be sent to the Zoning Board and brought back to you on a date certain so that no one's rights are jeopardized and the matter can be considered further at a later date. Mr. Plummer: Let me ask you further, can I move to deny now on 6, 7, 8 and 30? Does that put you in any jeopardy? Mr. Garcia -Pedrosa: Well, that's not before you now. Mr. Plummer: Okay. That's right, I want to leave it as it is. Mr. Perez: We have a motion and a second. Call the roll. Mr. Ongie: The motion will be to return to the Zoning Board, Mr. City Attorney? Mr. Plummer: Bob is whispering in my ear we don't have to do that, we can bring it back on January.... January 26 is our next meeting. Excuse me, that they have until the 26th of January under the time frame. Is that what Joe McManus said? Where is Joe McManus? Mr. Garcia -Pedrosa: He's talking about the date certain that I indicated to you. Your motion should be two -fold, one if you're so -inclined, of course (1) to send it back to the Zoning Board, (2) to bring it back here at a date cer- tain. Ms. Cooper: The fact that the applicant on the 4 lots is not present I think is not due to their not knowing about the meeting, they were here at the time that it was an- nounced that the meeting would be tonight. There has been some confusion because the property is owned by one person and that person has not been advancing the zoning change whatsoever but someone who is attempting to purchase the property has been the one who has spoken before you and they have apparently given up. Mr. Plummer: Janet, you're right but you're wrong. It has been the policy of this Commission, when the applicant is not here to answer questions that we do not hear it. We give them their right, they spent their money to put in an application... I'm already on record which way I am, so that's no problem to you or your people. It might be a problem later and I've got to weigh that one out. If we take a chance of throwing this whole thing into jeopardy I might have to change my thinking, but as it stands right now, I'm opposed to it. I don't think we have any choice. Call the roll. RT •111 12/15/83 mum Mr. Perez: Okay, we have a motion and a second. Please call the roll. Mr. Ongie: What is the date certain? Mr. Plummer: January 26th. Mr. Ongie: Do I have to have a time? Mr. Garcia -Pedrosa: 6:00. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 83-1173 A MOTION REFERRING A PROPOSED SECOND READING ORDINANCE CONCERNING A REQUEST FOR CHANGE OF ZONING CLASSIFICATION LOCATED AT 185 S.E. 14TH TERRACE AND 200 S.E. 14TH STREET FROM RG-3/7 TO SPI-5 TO THE ZONING BOARD, IN ORDER THAT A PUBLIC HEARING MAY BE HELD; FURTHER STIPULATING THAT THIS MATTER BE RESET FOR THE CITY COMMISSION MEETING OF JANUARY 261 1984, AT 6:00 P.M. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre ------------------------------------------------------------ 41. CONTINUE PROPOSED AMENDMENTS TO THE ZONING TEXT, ARTICLE 5, PLANNED DEVELOPMENT DISTRICTS, GENERALLY. ---------- -------------------------------------------------- Mr. Perez: Do we have a motion on Item 12? To defer? Okay, we have a motion to defer to the next meeting and a second. Thereupon the foregoing motion, introduced by Commis- sioner Carollo and seconded by Commissioner Dawkins was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Maurice A. Ferre NOTE FOR THE RECORD: Agenda Item 013 was continued. RT .112 12/ 15/83 ..itGdim ii-ii.iiii►i r i.-imi..1b-----i.ii r 4040 fi W.--..riiwiiia"b-di di, ii.►ri i..i--r 42. ACCEPT THE TRAFFIC REPORT PRESENTED BY THE CITY MANAGER RELATING TO TRAFFIC PROBLEMS AND TEMPORARY SOLUTIONS IN THE DOWNTOWN AREA. "ft~wft -4040 Qbm4w 4W fib 604006 do lw- --" —" ftdft 4.--ft1 ft—i-.`il.-i 40M ft. i---------i--dodo ..-- Mr. Plummer: Very quickly, I'm not going to be able to get into what I wanted to on this traffic study, all of you have received, I don't feel that it goes far enough but but I would ask this Commission, and make a motion, that at least that which has been recommended by the administration at this point be approved immediately and ask the Manager to implement, fully understanding that I want to go much much further than what is here. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1174 A MOTION ACCEPTING A TRAFFIC REPORT PRESENTED BY THE CITY MANAGER BY MEMO- RANDUM DATED DECEMBER 14, 1983 RELATING TO 'TRAFFIC PROBLEMS AND TEMPORARY SOLUTIONS IN THE DOWNTOWN AREA'. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre ------------------------------------------------------------ 43. ALLOCATE $3,000 TO THE COCONUT GROVE CHILDREN'S THEATRE IN CONNECTION WITH THE PROJECTED PRESENTATION OF A HOLIDAY PLAY. ------------------------------------------------------------ Mr. Plummer: Corky, make your presentation quick, let's see if we can't work something out. Ms. Cornelia Dozier: Cornelia Dozier, I live at 3013 Indi- ana Street. I am artistic director of the Coconut Grove Children's Theatre. We are doing a series of 7 performances of the production Scrooge for the multi -ethnic company of 22 children. We perform yearly for about 40,000 children a year, we are performing for the community at large. We have 8,000 disadvantaged young individuals. Mr. Plummer: Corky, how much? Ms. Dozier: $6,000. I've already gotten the State, I've got the County. Mr. Plummer: Are these all City kids? Ms. Dozier: These are all City individuals. RT -113 12/ 15/83 Mr. Plummer: I move the recommendation of the Manager of $3,000 Mr. Dawkins: I second, but Mr. Manager, we're going right back to where we started from. We said that things like this would not come up for a vote on the same damned day. I'm seconded the motion but you see, we go right around, you know it is irritating. Mr. Plummer: Come on Scrooge. Mr. Gary: I would ask the City Commission to not vote on this matter, I'll deal with it through our Cultural Division and handle the matter. Mr. Plummer: Well, if you can do that why did you force the issue? I thought Scrooge was white. Don't you guys have the Christmas spirit? The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1175 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $3,000 AS RECOMMENDED BY THE ADMINISTRATION, TO THE COCONUT GROVE CHILDREN'S THEATRE IN CONNECTION WITH A PROJECTED PRESENTATION OF A HOLIDAY PLAY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre Ms. Dozier: Thank you. Merry Christmas. Mr. Perez: Before leaving, I would like to recognize Mr. Valdemiro Frias and Ramon Gilbert, members of the Municipal- ity of Puerto Plata in the Dominican Republic. THERE BEING NO FURTHER BUSINESS TO CONE BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:50 O'CLOCK P.N. MAURICE A. FERRE M A Y O R ATTEST: RALPH G. ONGIE CITY CLERK MATTY HIRAI ASSISTANT CITY CLERK �� l000"oy of lw Anne DOCUMENT F' MEETING DATE: � �ree�e oe•Tco �} December 15, 1983 INDEX O�F COMMISSION RETRIEVAL DOCUMENT IDENTIFICATION T ACTYMN AND CObC NO. CONFIRMING AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION TO SUPPORT THE EFFORT OF THE NATIONAL SPORTS FESTIVAL OF SOUTH FLORIDA HOSTING THE UNITED STATES OLYMPIC COMMITTEE. R-83-1155 WAIVING THE TIME LIMITATION FOR FIREWORKS DISPLAY AT THE ORANGE BOWL STADIUM ON DECEMBER 30, 1983. R-83-1158 WAIVING THE LIMITATION FOR FIREWORKS DISPLAY AT THE ORANGE B014L ON JANUARY 2, 1984. R-83-1159 A RESOLUTION CONDEMNING THE UNFAIR CHARACTERIZATION OF HAITIANS AS CARRIERS OF ACQUIRED IMMUNITY DEFICIENCY SYNDROME (AIDS). R-83-1162 ACCEPTING THE RECOMQIENDATION OF THE CITY MANAGER FOR THE SELECTION OF THE ROUSE COMPANY PROPOSAL FOR THE PLANNING AND DESIGN CONSTRUCTION OF "BAYSIDE SPECIALTY CENTER". R-83-1164 A RESOLUTION APPROVING THE DESIGNATION OF CERTAIN DEVELOPMENT GROUPS AS PROJECT SPONSORS FOR THE AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. R-83-1165 RATIFYING THE ACTION OF THE CITY MANAGER AND AUTHORIZING AN INCREASE IN TEH SCOPE OF THE EXISTING AUDIT CONTRACT WITH E.P. IACONIS, C.P.A. FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER. R-83-1168 A RESOLUTION ALLOCATING ADDITIONAL FUNDING NOT TO EXCEED $14,300.00 FOR SPECIAL PROGRAMS TO COVER EXPENSES INCURRED BY THE OVERT014N BLUE RIBBON COMMITTEE. R-83-1169 CLOSING AND DISCONTINUING THE PUBLIC USE OF N.E. 52ND STREET. TENTATIVE PLAT NO. 1205A, "DOUGLAS GARDENS REVISED'. R-83-1172 ALLOCATING $98,144.00 OF FY '83-84 FEDERAL REVENUE SHARING FUNDS APPROPRIATED BY PASSAGE OF ORDINANCE NO. 9684. 1 R-83-1170