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CC 1983-07-28 Minutes
CITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON July 28, 1983 PLANNING & ZONING - REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY H AL L RALPH G.. ONGIE CITY CLERK CINIOOhM1ST19OF MIAFU, FIDRIII4 JULY 28, 1983 `?td CT P 5 Z - REGULAR GRANT PERMISSION FOR FIREWORKS DISPLAY, WEST FLAGLER DOG TRACK. ALLOCATE AN ADDITIONAL $4,000 IN CASH TO THE MIAMI DRUM AND BUGLE CORPS. ALLOCATE S60,000 TOWARDS THE EXPENSES ASSOCIATED WITH THE SECOND INTERA-MERICAN CONGRESS OF MUNICIPALITIES. EXPRESS THE GREETINGS OF THE CITY COMMISSION TO THE PRESIDENTS OF THE FIVE BOLIVARIAN COUNTRIES UPON THE 200TH ANNIVERSARY OF THE BIRTH OF SIMON BOLIVAR. COM!vXND DR. HORACIO AGUIRRE ON THE 30TH ANNIVERSARY OF THE FOUNDING OF DIARIO LAS AMERICAS. ESTABLISH DATES FOR PUBLIC HEARINGS OF THE FY 83-84 BUDGFT DATES OF MEETINGS TO BE SEPTEMBER 7TH, SEPTEMBER 8TH, SEPTEMBER 12TH, SEPTEMBER 26TH, SEPTE?�B ER 29TH - COVERING ALL CITY COMMISSION MATTERS. REQUESTING PROPER FEDERAL AGENCIES TO PERMIT THE STAY OF 23 PERSONS WHO ARRIVED IN THIS COUNTRY RECENTLY FLEEING COMMUNIST OPPRESSION IN CUBA. REQUEST CITY MANAGER TO DEVELOP COST FIGURES 83-84 BUDGET FOR HIRING OF SCHOOL GUARDS IN ALL SCHOOLS AND THE HIRING OF AN ADDITIONAL 100 POLICE OFFICERS. DISCUSSION ITEM BY COMMISSIONER DAWKINS VOICING OPPOSITION TO CITY COTIIISSION DECISION ON AGREEMENT WITH MIAMI DOLPHINS. AUTHORIZE ALLOCATION OF $50,000 TO NEW HORIZONS COMMUNITY MENTAL HEALTH SERVICES TO ASSIST THEM IN PURCHASE OF THE FACILITY THEY OCCUPY. ALLOCATE $40,000 (25,000 IN SEED MONEY AND $15,000 IN IN -KIND SERVICES) TO PROMOTERS OF SUNSTREET FEST '83. DISCUSSION ITEM, COMMISSIONER PLUM.%iER - T.D.C. MEETING AND THEIR FUNDING PLANS. STRONGLY OPPOSING PROPOSED BISCAYNE BAY MANAGEMENT AGREEMENT SUBMITTED TO THE STATE OF FLORIDA BOARD OF TRUSTEES. AUTHORIZE CITY MANAGER TO ALLOCATE $10,000 TO THE PROMOTERS OF THE FOURTH ANNUAL OVERTOWN COMING ALIVE FESTIVAL. A MOTION REFERRING A REQUEST *LODE BY CENTRO COMUNITARIO NICARAGUENSE FOR FUNDING REQUEST. AUTHORIZE CITY �LMNAGER TO CAUSE THE ERECTION OF A FENCE AT MANUEL ARTIME PARK. DIRECT CITY MANAGER TO }FEET WITH APPROPRIATE OFFICIALS CONCERTING THE CONTINUED OPERATION OF THE HYDROFOIL. PAGE *` 1 QRD I NANCE OR KKEESOLLFTION N M-83-668 M-83-669 R-83-670 R-83-671 R-83-672 R-83-673 R-83-674 M-83-675 DISCUSSION M-83-676 `1-83-677 DISCUSSION R-83-678 l-83-679 1-83-680 -83-681 M-83-682 PAGE NO, 1-2 2-3 3-4 4-5 5-6 6-11 12 13-14 14-15 16-17 18-21 21-22 22 i i 23-24 24 i 25 i 25-26 0 4 I1� C14INA?STIaHkA'll♦ N Lei PAGE # 2 � R� QRDI NANCE OR PAGE NO i NO. JULY 28, 1983 �7t,�p� C ���T P & Z — REGULAR KKEE own m NO $ 3 AUTHORIZE CITY MkNAGER TO ALLOCATE S1,500 TO F.A.C.E. (FACTS ABOUT CUBAN EXILES) IN CONJUNCTION WITH EVENTS TO BE HELD -AUGUST 20TH AND 21ST. M-83-683 27 9 A MOTION GOING ON RECORD IN SUPPORT OF THE CONCEPT OF STOREFRONT POLICE STATIONS, LITTLE HAVANA MERCHANTS ASSOCIATION AND EXPRESSING THE INTENT THAT POLICE SUB— STATIONS WOULD BE OPEN IN THAT AREA AND OTHER AREAS OF THE COMMUNITY. M-83-684 28-29 10 DISCUSSION ITEM: TOURIST COMMITTEE IN BLACK COMMUNITY. DISCUSSION 29 :1 STRONGLY IMPOSING THE STATED INTENT OF THE BOARD OF METROPOLITAN DADE COUNTY CON-1MISSIONERS TO ABOLISH THE MIAM DADE WATER AND SEWER AUTHORITY. R-83-685 29-31 AUTHORIZE THE EMPLOYMENT OF RAYMOND VALENTI AS LEGAL ASSISTANT IN ACCORDANCE WITH THE ATTACHED MEMORANDUM OF UNDERSTANDING. R-83-686 31-32 23 PLAQUES, PROCLkMATIONS, AND SPECIAL ITEMS: 1—CELEBRATION OF CITY OF MIAMI'S 87TH BIRTHDAY, 2—CERTIFICATES OF APPRECIATION TO OFFICE OF PROFESSIONAL COMPLIANCE OUTREACH CENTERS,, AND, 3—PRESENTATION TO POLICE EXPLORER POST NO. 106. DISCUSSION 32 24 ALLOCATE $6,000 TO THE MIAMI JAYCEES TO ASSIST THEM IN EFFORTS TO BRING TO MIAMI THE NATIONAL JAYCEES CONVENTION. M-83-687 33 25 CONDOLENCES CONCERNING THE DEATH OF THE MOTHER OF THE WIFE OF COMMISSIONER MILLER DAWKINS• CONDOLENCE 33 25.1 DECLARING ERNESTINE ROLLE DAY FOR HER COMMUNITY SERVICE.. PRESENTATION 34 26 AUTHORIZE CITY MANAGER TO INVESTIGATE AND OBTAIN FURTHER INFORMATION CONCERNING A REQUEST MADE BY THE DOWNTOWN MIAMI BL'SINESSMENS ASSOCIATION FOR $75,000 IN JOB BILL FUNDS. M-83-688 34-35 27 DISCUSSION ITEM: PERSONAL APPEARANCE, MR. CHARLES HADLEY CONCERNING VOTERS REGISTRATION AND THE TEARING DOWN OF SIGNS. DISCUSSION 36-37 23 DISCUSSION ITEM OF THE ISSUANCE OF $16,000,000. IN OFF— STREET PARKING AUTHORITY BONDS STATING POLICY OF THE COM.MISSION THAT FROM NOW ON THE OFF—STREET PARKING AUTHORITY AND D.D.A. WILL SUBMIT WEEKLY REPORTS TO THE COW—ISSION OF THEIR ACTIVITIES. (NOTE: THE ACTION ON THE $16,000,000. IN BONDS WAS TAKEN UP LATER IN THIS MEETING). M-83-689 37-38 29 SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION 2724-26-34 S.W. 7TH STREET FROM RG-1/3 TO CR-3/7. ORD. 9658 38-40 30 DISCUSSION: ADMINISTRATION OF OATH TO THE 11AYOR BY THE CITY CLERK CONCERNING A METTER OF CHANGE OF ZONING AT 700 S.W. 36 AVENUE FROM RG-1/3 TO CR-3/7. (SEE ALSO LABEL 54). DISCUSSION 40-41 46 Alk 'Ito C14'5 SSIoffPra &DA PAGE # 3 poI NANCE �� R�sowriay�! o PAGE N0, ITEM N0. JULY 28, 1983 P S Z - REGULAR 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCUSSION AND CONTINUED FOR INSPECTION OF A REQUEST FOR CHANGE OF ZONING CLASSIFICATION 761 N.W. 3RD STREET FROM RG-2/5 TO CG-1/7. DISCUSSION 41-43 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION OF APPROXIMATELY 3620, 3636 N.W. 22nd AVENUE FROM RG/2/4 TO CG/1/7. FIRST 43-45 READING FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 330 DISCUSSI01: S.W. 27TH AVENUE FROM RG-1/3 TO RO-3/6. 45-46 DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST FOR CHANGE OF ZONING CLASSIFICATION LOCATED 185 S.E. 14TH TERRACE AND 200 S.E. 14TH STREET FROM RG-3/7 TO SPI-5. (SEE LABEL 41). DISCUSSIONN 46-57 PROVIDE FOR ISSUANCE OF $16,000,000. IN OFF-STREET PARKING SYSTEM REVENUE BONDS. R-83-690 57-58 SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION 4226 N.W. 7TH STREET FROM RG-2/4 TO CR-2/7. ORD. 9659 58-59 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FIRST 3216-AVIATION AVENUE FROM RG-2/5 TO CR-2/7. READING 59-61 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FIRST 2784 S.W. 7TH STREET FROM RG-1/3 TO CG-1/7. READING 62 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FIRST 2860-70-90 AND 2900 S.W. 28TH TERRACE FROM RG-2/5 READING TO RO-3/6. 63-64 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2744- FIRST 2900 S.W. 28 TERRACE FROM RG-2/5 TO RO-3/6. READING 64-65 CONTINUED DISCUSSION AND CONTINUED FOR FURTHER INFORMATION A REQUEST FOR CHANGE OF ZONING CLASSIFICATION LOCATED AT 185 S.E.- 14TH TERRACE AND APPROXIMATELY 200 S.E. - 14TH ISCUSSION STREET FROM RG-3/7 TO SPI-5. (SEE LABEL 34). 65-68 FIRST READING ORDINANCE: AMEND ZONING TEXT OF ORDINANCE 9500 AMEND ARTICLE 15 SPECIAL PUBLIC INTEREST DISTRICTS, FIRST SECTION 15100 SPI-10, MERCY HOSPITAL. READING 69 FIRST READING ORDINANCE: AMEND OFFICIAL ZONING ATLAS OF ORDINANCE 9500 BY APPLYING PEDESTRIAN STREET INDICATION FIRST TO S.W. LOTH STREET BETWEEN SOUTH MIAMI AVENUE AND S.W. READING 1ST AVENUE. 70-71 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FIRST 3620-3636 N:W. 22ND AVENUE FROM RG-2/4 TO CG-1/7. READING 71-73 UPHOLD VARIANCE GRANTED TO PERMIT CREATION OF LOT WITH AVERAGE WIDTH OF 28 FEET AND SECOND STREET FRONTAGE OF 25 FEET, 3639 N.E. MIAMI PLACE. (NOTE: THIS MATTER LATER WAS THE SUBJECT OF A MOTION TO RECONSIDER). R-83-691 73-78 ACCEPT PLAT ENTITLED "GRANT SUBDIVISION" NOTE: THIS MATTER WAS THE SUBJEC OF A LATER MOTION TO RECONSIDER). R-83-692 78 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FIRST 2629-2645 SOUTH BAYSHORE DRIVE FROM RG-2/5 TO RO-3/6. READING 79 n C14'9?S I0ffPrdA &DA PAGE QRDINANCE ITEM NO. JULY 28, 1983 MCT P & Z - REGULAR E SOU1TIa�I N0 PAGE NO. 48 SCHEDULE PUBLIC HEARING PURSUANT TO A REQUEST TO RENAME A PORTION OF S.W. 27 AVENUE FROM SOUTH DIXIE HIGHWAY TO BAYSHORE DRIVE, GRAPELA4`D BOULEVARD. M-83-693 80-81 49 AUTHORIZE FINAL APPLICATION FOR MAJOR USE SPECIAL PERMIT S.E. 8TH STREET AND BRICKELL AVENUE AND 801-999 BRICKELL AVENUE PER ARTICLE 28, MAJOR USE SPECIAL PERMITS. R-83-694 81-85 50 AUTHORIZE ISSUANCE OF A DEVELOPMENT ORDER FOR S.E. 8TH STREET AND BRICKELL AVENUE PROJECT, PROPOSED LOCATION OF 801-999 BRICKELL AVENUE. R-83-695 86 51 SECOND READING ORDINANCE: APPLY HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED 1800 N.E. 2N"D AVENUE, CITY OF MLAMI CEMETERY. ORD. 9660 87 52 SECOND READING ORDINANCE: AMEND SUBSECTION 1 OF SECTION 62-55 OF THE CODE OF THE CITY OF MIAMI ENTITLED PUBLIC NOTICE -TYPES OF, CHAPTER 62, ZONING AND PLANNING. ORD. 9661 88 53 APPROVE MOST QUALIFIED CONSULTING FIRMS FOR PROFESSIONAL SERVICES OPEN SPACE AND DEVELOPMENT MASTER PLAN FOR DINNER KEY. R-83-696 88-90 54 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 700 FIRST S.W. 36TH AVENUE AND 3630-40-50 S.W. 7TH STREET FRO'_'-! RG-1/3 TO CR-3/7. (SEE LABEL #30) READING 90-95 55 RECONSIDERATION OF GRANTING OF VARIANCE LOCATED 3639 N.E. MIAMI PLACE AND MOTION DIRECTING THE ADMINISTRATION TO RESCHEDULE AND READVERTISE THIS MATTER. M-83-697 95 M-83-698 95 56 ACCEPT PLAT "PROFESSIONAL SITE". R-83-699 96 57 MOTION TO RECONSIDER ACCEPTANCE OF PLAT ENTITLED "GRANT SUBDIVISION". M-83-700 97 58 EMERGENCY ORDINANCE: ADOPTING A NEW CHPATER 52.6 ENTITLED MIAMI SPORTS AND EXHIBITION AUTHORITY OF THE CODE OF THE CITY OF MIAMI, FLORIDA. ORD. 9662 97-98 59 DISCUSSION ITEM AND PERSONAL APPEARANCE OF MEMBERS OF THE EAST LITTLE HAVANA TASK FORCE CONCERNING THEIR FINAL REPORT AND RECOMMENDATIONS. DISCUSSION 99-104 60 EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED CABLE T.V. LEGISLATIVE EFFORT 80TH CONGRESS APPROPRIATING FUNDS IN THE AMOUNT OF $50,000. ORD. 9663 104 61 DECLARING THE MOST ADVANTAGEOUS METHODS TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND, PROJECT KNOWN AS "GROVE MARKET". R-83-701 105-107 62 63 ALLOCATE $400,000 OF COMMUNITY DEVELOPMENT JOB PROGRAM FUND PREVIOUSLY APPROPRIATED BY ORDINANCE 9631 ADOPTED JUNE 9TH TO FOUR HEREIN NAMED NEIGHBORHOOD BASED AGENCIES. DISCUSSION AND TaiPORAR': DEFERRAL OF PROPOSED AMENDMENT TO ORDINANCE NO. 9500, SECTION 1550 ENTITLED SPI-5, BRICKELL- :yIAMI RIVER RESIDENTIAL OFFICE DISTRICT. (SEE ALSO LABEL 76) R-83-702 DISCUSSION 107-108 109-119 0 0- .INV CI;'91ST1 ff RA N DA PAGE # 5 ORDI WCE OR c, EM NO. JULY 28. 1983 .7lUCT P � Z - REGULAR FOOLUTjaN No PAGE N0� 64 65 66 Lid 69 70 71 72 73 74 75 76 7 EMERCENCY ORDINANCE: AMEND THE CODE OF THE CITY OF MIAMI BY AMENDING SECTION 4-10 ENTITLED DISTANCE SEPARATION BETWEEN AN ESTABLISHMENT WITHIN THE -CENTRAL COMMERCIAL DISTRICT IN COMBINATION RESIDENTIAL AND CO}!MERCIAL DISTRICTS RE: ALCOHOLIC BEVERAGE DISTANCE REQUIREMENTS. AUTHORIZE INCREASE IN CONTRACT IN THE AMOUNT OF S22,500 M. VILA AND ASSOCIATES,INC. GARMENT CENTER COMMUNITY DEVELOPMENT PAVING PROJECT. AUTHORIZE INCREASE IN CONTRACT, BETTER CONSTRUCTION INC., FOR CONSTRUCTION OF JOSE MARTI RIVERFRONT PARK, IN THE AMOUNT OF $35,000. WAIVE REQUIREMENT OF FORMAL SEALED BIDS FOR FURNISHING OF COGAN SOFT14ARE PACKAGE FOR BURROUGHS 68 COMPUTER. APPOINT CARLOS CANCELA TO SERVE THE UNEXPIRED TERM OF WILFREDO FERNANDEZ OF THE CITY OF MIAMI CODE ENFORCEMENT BOARD. EMERGENCY ORDINANCE: AMEND CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE, APPROPRIATING AN AMOUNT OF $198,700. PARKS AND RECREATIONAL AREA DEVELOPMENT PROGRAMS. EMERGENCY ORDINANCE: AMEND THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE, APPROPRIATING S45,000 TO ESTABLISH RELOCATION OF BROWN RESIDENCE; THIS IS ALSO KNOWN AS THE BROk'N-CORAL-ROCK HOUSE. AUTHORIZE GRANT OF $45,000 TO DADE HERITAGE TRUST INC. TO COVER THE COST OF FOUNDATION AND UTILITY CONNECTIONS NECESSARY FOR THE RELOCATION OF HISTORIC BROWN RESIDENCE TO WATSON ISLAND. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT O'LEARY, SHAFER COSTO, P.A., FOR LANDSCAPE ARCHITECTURAL ENGINEERING SERVICES RELATED TO REDEVELOPME14T OF MOORE PARK. EXPRESS INTENT OF AGREEMENT, AUTHORIZE CITY MANAGER TO BEGIN TO NEGOTIATE WITH REPRESENTATIVES OF THE INTERNATIONAL FOOTBALL LEAGUE FOR USE OF THE FOOTBALL STADIUM. EMERGENCY ORDINANCE: A_ME:M THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE BY *BAKING NECESSARY CORRECTIONS TO CORRECTLY REFLECT EARLIER TRANSFERS OF RESOURCES TO J.L.KNIGHT CONVENTION CENTER ENTERPRISE FUND CONCERNING THE RESTORATION OF THE FLAGLER BUILDING FORMERLY KNOWN AS THE BUTLER BUILDING. AUTHORIZE CITY MANAGER TO ESTABLISH PROPOSED MILLAGE RATE FISCAL YEAR OCTOBER 1, 1983 - SEPTEMBER 30, 1984. SECOND READING ORDINANCE: AMEND ZONING TEXT OF ORDINANCE 9500 BY AMENDING SECTION 1550 ENTITLED SPI-5 BRICKELL-MIAMI RIVER RESIDENTIAL OFFICE DISTRICT ETC. (SEE ALSO LABEL 63). FIRST READING ORDINANCE: AMEND ORDINANCE 9500, REGULATIONS OF SIGNS AND CR-2 '-\T CR-3 DISTRICTS. ORD. 9664 119 R-83-703 120 R-83-704 121 R-83-705 1 122 R-83-706 123 ORD. 9665 123-124 ORD. 9666 124-125 R-83-707 R-83-708 M-83-709 ORD. 9667 R-83-710 ORD. 9668 FIRST READING 126 126-127 127-129 129-130 131-132 133-143 144-149 40 1^ 1I{Ln Cl;' j„klff ut.;h'-,&DA PAGE 0 6 ITEM NO. JULY 28, 1983 SMCT P & Z - REGULAR rs owINArtNCEay�o PAGE N01 78 AUTHORIZE CITY MANAGER AND CITY ATTORNEY TO EFFECT A SETTLEMENT WITH ACKERLY C0MMUNICATIONS. M-83-7/11 150 79 DISCUSSION ITEM: REVIEW OF APPROVAL FOR DRIVE-IN TELLERS, FOR SUN BANK, 100 N.W. 12TH AVENUE (SEE LATER, SAME MEETING). DISCUSSION 150-151 80 GRANT CONTINUED APPROVAL FOR DRIVE-IN TELLERS, 1200 BRICKELL AVENUE IN CONJUNCTION WITH PAN AM BANK. M-83-712 151 81 DISCUSSION AND DEFERRAL OF CONSIDERATION OF E.XTENSION OF VARIANCE FOR OFF-STREET PARKING SPACES, 5929 N.W. 7TH STREET, PAN AMERICAN HOSPITAL. 152- 82 ACCEPT PLAT "ANCHORAGE". R-83-713 153 83 DISCUSSION ITEM: FUNDING OF BUENA VISTA ECONOMIC DEVELOPMENT PROGRAM. DISCUSSION 153-155 84 GRANT REQUEST MADE BY REPRESENTATIVES OF LITTLE HAVANA COMMUNITY CENTER ALLOCATING AN AMOUNT NOT TO EXCEED $74,660 FOR THE PERMANENT SECRETARIAT FOR THE HEMISPHERIC CONGRESS OF THE AMERICAS. M-83-714 155-156 85 DISCUSSION ITEM: PERSONAL APPEARANCE BY REPRESENTATIVE OF ONE -ART BALLET FOR REQUEST FOR FUNDING. DISCUSSION 156-157 86 GRANT CONTINUED APPROVAL FOR DRIVE IN TELLERS 100 S.W. 12TH AVENUE IN CONJUNCTION WITH NEW OFFICES OF THE SUN BANK OF MIAMI (SEE ALSO LABEL 79). M-83-715 157 87 AUTHORIZE CITY MANAGER TO ALLOCATE AMOUNT NOT TO EXCEED $15,000 AS A CONTRIBUTION TO THE UNITED NEGRO COLLEGE FUND ANNUAL SCHOLARSHIP DRIVE. M-83-716 158 88 FIRST READING ORDINANCE: AMEND SECTION 4-3 OF THE CODE, AS AMENDED, HOURS OF SALE FOR FIRST ALCOHOLIC BEVERAGES. READING 159 89 DISCUSSION ITEM COMMENDING MS. MARILYN REED FOR HER EFFORTS ON BEHALF OF THE CITY OF MIAMI. DISCUSSION 159 90 AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENT, COCONTT GROVE BANK, THREE YEARS WITH LEASE RENEWAL OPTION FOR OFFICE SPACE FOR THE DEPARTMENT OF C0MPUTERS. R-83-717 160 91 AUTHORIZE AND DIRECT CITY MANAGER TO ADVERTISE AND RECEIVE PROPOSALS FOR PHYCHOLOGICAL STRESS 'V NAGEMENT TRAINING FOR THE POLICE DEPARTMENT. R-83-718 161 92 APPROVE CONCEPT FOR THE MASTER PLAN OF THE DINNER KEY MARINA REDEVELOPMENT PROGRAM, AS SUBMITTED TO THE COMMISSION OF THIS DATE. M-83-719 162-163 93 AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $15,000 TO THE COMMITTEE FOR THE MIAMI RIVERFRONT REVITALIZATION. M-83-720 163 94 DISCUSSION ITEM: $20,O0O.00 GRANT FROM 1983-1984 REVENUE SHARING FUNDS IN SUPPORT OF THE URBAN LEAGUE OF GREATER MIAMI. DISCUSSION 164-172 t. it TEM NO. Ifm CI491SS1CHMIAMT FL0RID4 JULY 28, 1983 SLID►E T P & Z - REGULAR 95 AUTHORIZE CITY MANAGER TO TAKE NECESSARY STEPS TO UPGRADE THE PICNIC AREA IN CORAL GATE PARK; FURTHER INSTRUCTING THE ITY MANAGER TO REFER TO RENAMING OF THIS PARK TO THE MEMORIAL COMMITTEE WITH THE PROPOSED NAME OF THOPLAS CRUZ PICNIC AREA. 96 AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $2,000 FOR THE PURCHASE OF TICKETS FOR THE JAMAICAN INDEPENDENCE DANCE TROUPE. 97 MOTION ACCEPTING RECO'v[MENDATIONS-IN CONNECTION WITH THE SITE ACQUISITIONS FOR THE AFFORDABLE HOUSING PROGRAlM AS REFLECTED IN A MEMORANDUM FROM DENA SPILLMAN TO HOWARD GARY DATED JULY 18TH. 98 AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE CONCESSION AGREEMENTS FOR THREE SOLE PROPRIETORS FOR VENDING KIOSKS IN THE MANUEL ARTIME COMMUNITY CENTER. 99 ACCEPT RECOMMENDATIONS OF THE ADMINSTRATION REGARDING PROPOSED MODIFICATION OF SINGLE FAMILY REHABILITATION GUIDELINES BY INCLUDING A PROVISION FOR INVESTOR OWNERS. 100 A MOTION APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING A WAIVER OF A FORMAL BIDDING FOR EMERGENCY PURCHASE FOR THE RENTAL OF SUMMER VANS FOR MW4I RECREATION SUMMER PROGRAM. 101 A MOTION AUTHORIZING THE CITY ;TANAGER TO EXECUTE A WARRANTY DEED FOR A PARCEL OF PROPERTY LOCATED BETWEEN N.W. 2ND AVENUE AND N.W. 5TH AVENUE ON N.W. 22ND LANE. 102 ACCEPT BID FOR DRAPERIES AND STAGE RIGGING FOR THE CITY OF MIAMINNIVERSITY OF MIAMI/JAMES L. KNIGHT INTERNATIONAL CENTER. PAGE .t 7 rSINMCE OLL ay M-83-721 M-83-722 M-83-723 R-83-724 M-8 3-725 M-83-726 M-83-727 R-83-728-A R-83-728-B PAGE N0# 17 3-174 174-175 175-176 176-177 178 179 180 181-182 0 Ak MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of July, 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 9:00 A.M., by Mayor Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 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 Mayor Ferre who then led those present in a pledge of allegiance to the flag. Good morning, Ladies and Gentlemen, this is a Planning & Zoning Commission meeting. We will now take up pocket items and we will start with Commissioner Plummer. 1. GRANT PERMISSION FOR FIREWORKS DISPLAY, WEST FLAGER DOG TRACK. Mr. Plummer: Mr. Mayor, due to the essence of time, and I am only bringing these up because of time factors. The first one I have is Mr. George DuBreuil, in reference to fireworks, which is really a misnomer, but has to come under that category, at the West Flagler Dog Track, which is something that has been done on an annual basis. It is not the usual fireworks in which there will be big sky rockets in the sky. They have agreed to keep the noise level down, but under our new ordinance relating to fireworks display, they must get a waiver from this Commission. They have a letter which they are in agreement with that they will comply. The display shall be completed prior to 12:00 o'clock midnight. This is at conclusion of their last race. No high aerial devices shall be detonated and noise level shall be kept to a minimum. Mr. Garv: Where is this? Mr. Plummer: At the West Flagler Dog Track. Mr. Mayor, I think if they have understood that the community has to be concerned with, and they are willing to do this, I am willing to offer a motion to grant them that waiver. Mayor Ferre: All right, is there a second? Mr. Perez: Second. Mayor Ferre: Is there any objection from the Administration on this? Mr. Manager? Mr. Gary: With those conditions, Mr. Mayor, we support it. Mayor Ferre: Any further discussion on this item: All right, call the roll. s 01 ld J U L 28 1983 The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-668 A MOTION GRANTING A REQUEST MADE BY MR. GEORGE DUBREUIL, REPRESENTING THE WEST FLAGLER DOG TRACK, AND GRANTING A WAIVER TO PERMIT THE ANNYAL FIREWORKS DISPLAY WHICH IS TO BE CONDUCTED AT THE CONCLUSION OF THEIR LAST RACE; STIP- ULATING THAT SUCH WAIVER IS GRANTED SUBJECT TO THERE BEING NO HIGH AERIAL DEVICES BEING DETONATED AND SUBJECT TO NOISE LEVELS BEING KEPT AT A MINIMUM. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 2. ALLOCATE AN ADDITIONAL $4,000 IN CASH TO THE MIAMI DRUM AND BUGLE CORPS. Mr. Plummer: Mr. Mayor, the only other pocket item that I have, you will recall that the Convention Bureau appeared here at the last Commission Meeting in reference to the DrtLn and Bugle Corps. where we will have >30,000 people in this community during the time of that competition.. This is a two-year stance by the way. They needed at that time monies as services in kind of $7,000, and they had a commitment from Gatorade, who wanted to use the opportunity to announce a new product, to pick up the remaining balance. For whatever reason, I am not here to find fault, Gatorade has not been able to live up to that commitment. We are obligated to go forward, and as such, Mr. Mayor, would require an additional $4,000 in cash. That would be so that we could have this parade of all of those competing teams on Flagler Street during their convention here. I think it is money well spent, and Mr. Mayor, I would move at this time, so that the City can live up to its obligation, that we grant them this $4,000 in cash. Mr. Dawkins: Second. Mayor Ferre: Further discussion on the motion? Mr. Manager, any comments from the Administration? Mr. Gary: We can take it from Ccmmissioner Plummer's annual salary! Mr. Plummer: Under the deficit! (LAUGHTER) Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-669 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $4,000 IN CASH TO THE MIA.'•!I DRUM E BUGLE CORPS IN CONJLT7CTION WITH A PARADE TO BE HELD I14VOLVI14G VARIOUS COMPETING TEAMS ON FLAGLER STREET DURING THEIR UPCOMING CONVENTION IN MIAMI. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: VFW JUL 2 81983 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mavor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 3. ALLOCATE $60,000 TOWARDS THE EXPENSES ASSOCIATED WITH THE SECOND INTERAMERICAN CONGRESS OF MUNICIPALITIES. Mayor Ferre: All right, Commissioner Perez? Mr. Perez: Mr Mayor, first I have a proposal expressing the gratitude and pleasure of the City of Miami to be selected the site for the Second Inter - American Congress of Municipalities which will be held next year, and also to assign the amount of $60,000 for that event. Mayor Ferre: How much did we spend in that... Mr. Perez: $50,000 last year. Mayor Ferre: $50,000? Mr. Perez: Yes, and also.... Mayor Ferre: This is an increase of $10,000. Mr. Perez: .... yes, and will receive the cooperation of Dade County and of the State of Florida. Mayor Ferre: How much did they contribute? Mr. Perez: Dade County? $25,000, and the State, $10,000. Mayor Ferre: Are putting into this that Metropolitan Dade County contri- bute again, as part of the... Mr. Perez: Sure. Mayor Ferre: Okay. Mr. Perez: Also, we are trying to request the cooperation of the Federal government and at this time we are organizing some seminars with Latin American countries and I think that is very important to encourage the celebration of this congress. I want to propose that we make this a formal motion today. Mayor Ferre: All right, there is a motion on the floor. This is so that we will have the Second InterAmerican Congress of Municipalities allocating the sum of $60,000 and you have to insert in here that Metropolitan Dade County will put in no less than $25,000 and the State no less than $10,000. Mr. Plummer: Mr. Mayor, I will be happy to second that motion. I was in attendance last year. I have nothing but very favorable feedback from the participants, especially from Colombia, who were very grateful for that conference and looking forward to it this year, and I think these are the kinds of things that we need to do. They are tremendously good for this community and with that, I second the motion. Ma;:or Ferre: Is there further discussion? Are there any corLnents from the Administration that you wart to add to t-is? Mr. 3ary: Mr. Mayor, the Staff also participated in that conference, and I an ^.appy to report to .you that it was an overwhelming success, nct only in terms of numbers, but in terms of the participation on the part of the 03 JUL 2 81983 1d . our international visitors, I think we have in excess of two hundred people here and, most people were excited at making this their hub, or their head- quarters for having that convention, and I would support it. Mayor Ferre: All right, I might add to that, that in my trips around Central America and South America, whenever I go to Venezuela or Colombia, or E1 Salvador, like I was there a couple of weeks ago, that is all the people remembered. It kind of disturbed me a little bit, because I figured we had done more than that, but all they wanted to come to tell me was what a great idea it was to have these municipalities. In the past, we used to only in- vite the Mayor, and that was very nice, but I don't think it had as much impact as this, and by inviting the Commissioners and people who were in the functions of government and municipalities, I think we get a lot more done, so I think this is the way to do it, and I vote "yes". Did you call the roll? Mr. Ongie: No. Mayor Ferre: I'm sorry. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 83-670 A RESOLUTION EXPRESSING THE CITY'S PLEASURE AT BEING SELECTED TO BE THE SITE ON THE SECOND INTERAMERICAN CONGRESS OF MUNICI- PALITIES AND ALLOCATING THE SUM OF $60,000 TOWARD THE EXPENSES ASSOCIATES WITH SAME. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 4. EXPRESS THE GREETINGS OF THE CITY COMMISSION TO THE PRESIDENTS OF THE FIVE BOLIVARIAN COUNTRIES UPON THE 200TH ANNIVERSARY OF THE BIRTH OF SIMON BOLIVAR. Mr. Perez: Also I have a resolution expressing the greetings of the City Commission to the presidents of the five Bolivarian countries at the 200th anniversary of the birth of Simon Bolivar, and expressing best wishes for the success of that celebration in Venezuela and the other Bolivarian countries. Mayor Ferre: Is there a second to that? Mr. Plummer: Second. Mayor Ferre: Further discussion. Simon Bolivar of course, is to Latin America what George Washington is to us, and I think it is highly appropriate that we send a letter of congratulations to the respective countries. Further discussion? Call the roll. id 04 JUL 28 1983 4 r] The following resclution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 83-671 A RESOLUTION EXPRESSING THE GREETINGS OF THE CITY COMMISSION TO THE PRESIDENTS OF THE FIVE BOLIVARIAN COUNTRIES UPON THE 200TH ANNIVERSARY OF THE BIRTH OF SIMON BOLIVAR AND EXPRESS- ING BEST WISHES FOR THE SUCCESS OF THE CELBRATIONS BEING HELD IN HONOR OF HIS ME24ORY THROUGHOUT THE HEMISPHERE. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 5. COMMEND DR. HORACIO AGUIRRE ON THE 30TH ANNIVERSARY OF THE FOUNDING OF DIARIO LAS AMERICAS. Mr. Perez: I have a resolution, Mr. Mayor, commending Dr. Horacio Aguirre, of Diario Las Americas' 30th anniversary - for the founding of Diario Las Americas, and also to invite Dr. Aguirre to attend the next Commission meeting on September 7th to receive appropriate recognition, gratitude and - honor from the City Commission on behalf of this community. Mayor Ferre: Is there a second to that? Mr. Plummer: Moved. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 83-672 A RESOLUTION COMMENDING DR. HORACIO AGUIRRE UPON THE 30TH ANNIVERSARY OF THE FOUNDING OF DIARIO LAS AMERICAS, A NEWSPAPER DEDICATED TO THE IDEALS OF A FREE PRESS AND THE SPIRIT OF REPRESENTATIVE DEMOCRACY; FURTHER EXTENDING DR. AGUIRRE AN INVITATION TO ATTEND THE CITY COMMISSION MEETING OF SEPTEMBER 7, 1983 TO RECEIVE APPROPRIATE RECOGNITION OF GRATITUDE AND HONOR FROM THE CITY COMMISSION ON BEHALF OF THE RESIDENTS OF THE CITY OF MIAMI FOR YEARS OF DEVOTED COMMUNITY SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Oommissioner Plummer, the resolution was passed and adopted by the following vote: �V JUL 2 g 1983 1 d -- AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 6. ESTABLISH DATES FOR PUBLIC HEARINGS OF THE FY 83-84 BUDGET, DATES OF MEETINGS TO BE SEPTEMBER 7TH, SEPTEMBER BTH, SEPTE:e.BER 12TH SEPTEMBER 26TH, SEPTE.SER 29TH - COJERING ALL CITY COMMISSION MATTERS. Mr. Perez: Let me ask something - do we have the September Commission on the 22nd? Mayor Ferre: The second is on September 22nd. Mr. Plummer: Remember, that is the regular Commission. We have on our desk this morning a memo where we will be having three budget hearings dur- ing that month. Mr. Perez: That is the meeting? Mr. Plummer: Well, it is suggested dates. These are the two dates, Demetrio, the 7th and the 22nd, of the regular comply with the Charter meeting. You will be having three other meetings during the month of September, also by Charter, in which we must set the dates today for public hearings on budgets. Mr. Perez: Would it be possible to arrange to change the date for that one? Mr. Plummer: On the 22nd? Mr. Perez: Yes. Mr. Plummer: Sure. Mayor Ferre: I think we are going to have, in my opinion, a very busy week in September. I think it will be on the 19th, 20th, 21st and 22nd. I think we are going to meet that whole week. Mr. Perez: Oh, that week? Mayor Ferre: It could be the 26th, 27th, 28th and 29th, but that is where we set the budcet. We have budget hearings; they take all day! Mr. Perez: I plan to be out from the 21st to the 26th or 27th. Mayor Ferre: Well, I don't mind having the meeting the 19th...the law re- quires three days. Mr. Manager, what are the recommended hearing days? Mr. Plummer: Well, Mr. Mayor, as you are well aware, the law requires three separate meetings. Mayor Ferre: Three separate meetings. Mr. Plummer: In the past, we have had on occasion where there was not a lot of controversy, we have held two meetings in one day - one in the day time and one in the evening, which complied with the Charter, of two. Now, I don't know how controversial Mr. Manager's budget is going to be this year... Mr. Gary: It is never controversial! Mr. Plummer: Yes, for you it is never controversial! Mayor Ferre: I don't have any csesticn that we are Going to have people at these hearings, and I think you have got to have at least one week in between the first and the third hearing for this Commission to think... 06 J U L 2 8 1983 ld Mr. Plummer: Well, I think that is by law. Mayor Ferre: Mano, do you want to pay attention now? Do we have to have one week by law between the first and the third meeting? Mr. Surana: Fifteen working days. Mayor Ferre: So we have to have the first meeting - if we are going to meet on the 19th and the 20th, then we have to have the first... Mr. Surana: Yes, within fifteen days. Mayor Ferre: Oh, within fifteen days, not after fifteen days. Mr. Gary: Yes, it could be before fifteen days. Mayor Ferre: So, it isn't one week in between. Mr. Gary: We are suggesting the date of September 12th for the first public hearing, and the 27th for the second public hearing. Mr. Plummer: I have to disagree on the 12th. Mayor Ferre: What day is acceptable for you, Plummer? Mr. Plummer: Mr. Mayor, I could make the 13th and the 27th. Mr. Surana: No, we cannot have it the 13th. Mr. Plummer: Why, that is not Friday. Mr. Surana: The 13th, the County is having their second public hearing, so you cannot have it the same day as Dade County. Mr. Gary: You can't have the hearing the same day as the School Board, or Dade County holds its hearing. Mr. Plummer: Oh, they have got first choice. Mr. Surana: Right. Mr. Gary: No, they don't have first choice. They just decided the dates. Mr. Plummer: What about on the first? Mayor Ferre: No, no. That's Labor Day weekend. Absolutely not. Mr. Gary: Well, let's understand the process. Mr. Plummer: I agree. Mr. Gary: There are two reasons for it, Mr. Mayor, if I may. Mayor Ferre: Yes, sir. Mr. Gary: First of all, the Dade County first public hearing is held on that date, but more importantly, you normally have a review with Department Direc- tors that we think should occur prior to the first public hearing to familiarize the Commission with the budget process directly from the Department Director. Mayor Ferre: Well, I think the problem is that we have Labor Day on the 5th and then we have a religious holiday on the 8th and the 9th, so we are stuck with that 6th and 7th and then, Plummer can't be here on the 12th. What day can you be here, J. L.? Mr. Plummer: My only problem is Monday. Mayor Ferre: Monday? Mr. Plummer: Yes, I am not out of town, it is just Monday's are... Mayor Ferre: And we can't meet -on the 13th? Mr. Plummer: unless, excuse me - I can meet probably on the 12th if you start the meeting like 2:00 o'clock in the afternoon. 1�Q3 JUL 2 � 4�� Mr. Gary: What about the 9th? Mayor Ferre: Wait a minute, that is not a bad idea. What is wrong with Monday at 2:00 o'clock, Mr. Manager? Mr. Surana: The meeting has to be after 5:00 o'clock. It cannot be during the working day. Mayor Ferre: It has to be after 5:00 P.M. Mr. Surana: Yes. Mavor Ferre: Well, then what is wrong with Monday? Mr. Plummer: On the 12th? That is no problem. Mayor Ferre: All right, does anybody now have any problems with September 12th, that is a Monday, at 5:00 P.M. for the first budget hearing? Nester, would you check with Commissioner Carollo's office to make sure he doesn't have any problems with that? Mr. Plummer: Are we going to get the budget before then? Mr. Gary: Yes, we will. Mayor Ferre: We will get the budget on Friday, then. By the way, Howard, I understand you called for a release of that at 11:00 A.M. You ought to give the Commission a copy of it that morning. Mr. Gary: I've done what? Mayor Ferre: I heard that you had a press conference at 11:00 o'clock. Mr. Gary: Oh, no doubt you will get the budget way before that press conference. Mayor Ferre: Give us at least twenty-four hours so that we can look at it, because the press will be on it immediately. Mr. Gary: No doubt, Mr. Mayor. Mr. Garv: We've got to do everything before 5:00 o'clock. Mayor Ferre: Well, what is the second date you recommend? Mr. Gary: September 27th. Mayor Ferre: Well, what I need to know is if I have anything on my calendar on September 12th. The second day you want to have a public hearing is when? Mr. Gary: September 27th. Mayor Ferre: The second date is the 27th? Mr. Garv• Yes. Mayor Ferre: Do you have a problem with that? Mr. Perez: I prefer the 28th. Mr. Garcia -Pedrosa: Can't do the 28th - it is not within the fifteen days. Mr. Gary: No, can't do it then. Mayor Ferre: The meeting on the 12th is as far as cot. All right, when is the second meeting date? I'd rather not wait that long. I hate to wait that close to October. Mr. Surana: You can get the 23rd, or 22nd. Mr. Gary: How about the 20th? OQ J U L 28 1983 i 0 Mayor Ferre: All right, we seem to be in agreement now, that the 12th at 5:00 P.M. is acceptable for the first meeting. Now, the second meeting, we are having problems with. Der`.rio doesn't want to have it until the 28th, and in my opinion, that is cutting it too short. We have to have the budget adopted by October 1st under law, and keep beating around the bush on that, and I would hope we would stop doing that. Mr. Perez: The 27th? Mayor Ferre: The 27th7 I still think that is too late. Howard, you are cutting that right... Mr. Perez: Yes, but what I want... Mayor Ferre: No, I think the third meeting is fine on the 27th. Mr. Gary: If you want to, we could do it on the 20th or the 26th. Mayor Ferre: The 20th7 No, because Demetrio ... oh, ycu are leaving on the 21st? Mr. Perez: Yes. Mayor Ferre: Who is that has a problem on the 21st? Mr. Plummer: Demetrio. Mayor Ferre: Do you have any problems on the 20th? The 20th is all right? All right, would somebody check with Commissioner Carollo's office to see if the 20th is acceptable? Mr. Plummer: Here he is - he is walking in. NOTE FOR THE RECORD: Commissioner Carollo enters meeting at 9:20 A.M. ----------------------------------------------------------------------------- Mayor Ferre: Do you have any problems with the 20th for the budget hearing? Mr. Carollo: 20th of September? Mayor Ferre: The first one will be the 12th and second one will be the 20th. Mr. Carollo: I'm sure I don't. Mayor Ferre: All right, is the 20th acceptable to everyone? Mr. Carollo: When is the first one? Mayor Ferre: The 12th at 5:00 P.M. Monday, September 12th. The second one is September 20th. Okay, I've got a problem on the 20th. Mr. Gary: Mr. Mayor. Yes, sir. Would you establish a time too? I would suggest that the time should be 6:00 P.M. on those dates. Mayor Ferre: Let's do it on 5:00 P.M. on the 12th, so we can get out earlier. Mr. Gary: Okay. Mayor Ferre: Okay, and then the question now is, the second meeting. How about the 21st? No, Demetrio, you have a problem with the 21st, right? Mr. Plummer. Somebody has a problem with the 19th? Mayor Ferre: Yes, sir. I can't'be there the 19th or 20th. Yes, sir? Mr. Gary: Let's establish the time'as 5:05 P.M. Mr. Plummer: Wait, wait. Whoa.* Mayor Ferre: All right, I have a Froblem with the 19th and the 20th. Demetric has a Froblem with the 21st and 22nd, so I would say that we are - �� J U L 28 1983 6 going to work that last week. Can we start on the 26th? Does anybody have any problems with September 26th for a budget hearing at 5:05 P.M. Okay? So the second meeting is the 26th of September, 5:05 P.M. And then we will have the Zoning hearing date on the 27th? Anybody have any problems with that? Mr. Plummer: What about the 29th? I hate these meetings back to back! Mayor Ferre: Okay, okay, the 29th is fine, but we have to have the third public hearing on the budget that day too. Mr. Surana: No. Mayor Ferre: No? Well, what is the final...? Mr. Surana: First and second, that is it. Two public hearings. Mayor Ferre: What? Oh, I see. Mr. Gary: You have got two meetings. One is on the 12th and the other one is on the 26th. Mayor Ferre: One is on the 26th and then we have a regular Commission meeting on the 29th, and hopefully we would adopt the budget that day. Mr. Gary: No, you adopt the budget on the 26th. Mayor Ferre: Lots of luck. All right, would the 29th be acceptable for a Commission meeting day, for the Zoning? Yes, sir, is that all right? Joe? Mr. Carollo: Is the first meeting still scheduled for the 7th of September? Mayor Ferre: The first meeting will be on Wednesday, the 7th of September, but I think before.... Mr. Garv: Before sundown. Mayor Ferre:..., sundown. We have to stop at 5:00 P.M. Mr. Carollo: Okay. Mayor Ferre: Because that is a religious holiday for the Jewish faith, and so we must stop before Sunday. Then, the next meeting would be on the 26th did you say 26th? Mr. Gary: Yes, sir. ' Mayor Ferre: This is the second budget hearing day. Mr. Plummer: Right, 12th a 26th - regular meeting 7th and 29th. Mayor Ferre: Oh, I am sorry, I made a mistake. Don't we have one on the 12th? Mr. Plummer: Right, we have budget on 12th and 26th. Mayor Ferre: The 7th is the regular Commission meeting. The 12th, at 5:05 P.M. is the the first budget hearing. The second budget hearing is Monday, the 26th at 5:05 P.M. Mr. Plummer: Right. Mayor Ferre: And the Zoning meeting is Thursday the 29th in the morning. Mr. Plummer: Right. Mr. Garcia -Pedrosa: Mr. Mayor. Mayor Ferre: Yes, sir. id .10 JUL 2 81983 0 Mr. Garcia -Pedrosa: You also have a September 8th Nasher meeting. Mayor Ferre: We have a September 8th meeting because we have already adver- tized and we are going to have to discuss that because there may be people of the Jewish faith that obviously are not going to be here and so we are only doing this to comply with the law, but we are going to have to be very careful about this. Okay, you had better put a marker up there on that. That meet- ing, Mr. City Attorney, is at 9:00 o'clock in the morning? Mr. Garcia -Pedrosa: That is what I was trying to find out. I don't know, Mr. Mayor, when it was advertised for. Mayor Ferre: It was advertised...? We are waiting for your answer, sir. Let's go through the process again. We advertised. By law you need 90 days. Unfortunately, when you advertised, you didn't look at the calendar. That is a Jewish religious holiday. Now, we are stuck with that, so I understand, what we are doing is we are meeting the day before, but to comply with the law, you have to have a public hearing on the 8th. Mr. Gary: Yes, because we advertised for the Nasher project on the 8th, and what I am trying to get for you is ... we know we are going to meet on the 8th, now I've got to determine the time for you. Mayor Ferre: Okay. Is there a motion that these dates therefore be established? Mr. Gary: I will come back with the time. We have got to check the advertise- ments. Mr. Carollo: So moved. Mayor Ferre: It has been moved by Commissioner Carollo, seconded by Perez. Further discussion on the establishment of the aforementioned dates for public hearings and regular Commission and budget hearings? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-673 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETINGS OF SEPTEMBER 22, 1983 TO TAKE PLACE ON SEPTEMBER 29, 1983 AT 9:00 A.M.; FURTHER ESTABLISHING SEPTEMBER 12, 1983 AT 5:05 AND SEPTEMBER 26, 1983 AT 5:05 P.M. AS THE FIRST AND SECOND HEARINGS ON THE PROPOSED 1983-84 BUDGET FOR THE CITY OF MIAMI. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None Mr. Gary: The meeting is on 2:30 P.M. on September 8th. Mayor Ferre: It is advertised at 2:30 P.M.? Mr. Gary: Yes, sir. J U L 28 0 E 7. REQUESTING PROPER FEDERAL AGENCIES TO PERMIT THE STAY OF 23 PERSONS WHO ARRIVED IN THIS COUNTRY RECENTLY FLEEING COMMUNIST OPPRESSION IN CUBA. Mr. Carollo: Mr. Mayor and my colleagues in the Commission, the motion that I would like to make this morning, is a motion for some twenty plus people that came last Thursday to our shores wanting freedcm and wanting to be part of the American way of life. These people came aboard a lobster boat and, if I may say, they are all from my hometown in Cuba - Caibarien. These are decent family people, hard working people, that came and risked the lives of their small children, some as young as one year old, to come to our shores. Thev are in a state of limbo, and there is a possibility that they might be sent back to Cuba. Now, I never knew that wanting freedom, striving for liberty, was a crime in our country, or in any free country of the world. It might be a crime in a country such as Cuba, the Soviet Union, the Eastern Block, but it has never been a crime in our country, so the motion that I would like to make today, and I think it is a very important motion, not only for this City, but for the whole principle that our country is founded on - that is a motion that we request of all the appropriate Federal authorities, the President, the Vice -President, both houses of Congress, the State Department, the Immigration Department, and all of our Congressmen from Florida, and all one hundred U. S. Senators, that these freedom loving Cubans be granted the right to stay in our shores. They are true political refugees in that no charges be brought against them for wanting to be free, for wanting to live in a country where their human rights will be respected, and of course, that they would not be sent back to Cuba. Mayor Ferre: All right, is there a second to that motion? Mr. Perez: Second. Mayor Ferre: Is there further discussion on the motion? If not, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-674 A RESOLUTION REQUESTING THAT THE HUMAN RIGHTS OF THOSE 23 PERSONS WHO ARRIVED IN THIS COUNTRY ON JULY 21, 1983 _ AFTER FLEEING FROM CAIBARIEN IN THE COUNTRY OF CUBA BE PROTECTED IN THE SAME MANNER AS OTHER PERSONS WHO HAVE FLED FROM COMMUNIST COUNTRIES AND THAT THOSE 22 PERSONS BE PERMITTED TO STAY IN THIS COUNTRY WITHOUT BEING CHARGED WITH ANY CRIME; FURTHER DIRECTING THE CITY CLERK TO FOR- WARD A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: NOne ABSENT: None 1d U JUL 2 81933 6 0 8. REQUEST CITY MANAGER TO DEVELOP COST FIGURES 83-84 BUDGET FOR HIRING OF SCHOOL GUARDS IN ALL SCHOOLS AND THE HIRING OF AN ADDITIONAL 100 POLICE OFFICERS. `ir. Carollo: Mr. Mayor, I have just one other brief pocket item, and that is a motion for this Commission to go on record that we want the Manager to in- clude in our next year's budget, enough funds to hire school guards for all the schools in the City of Miami, and at the same time, to come back to this Commission with a solution on how we can hire an additional one hundred police officers for the new budget. Mayor Ferre: I will accept that as a motion of intent if somebody wishes to second it, but I want to tell you, and I don't want you to get upset, I am not for or against it, but I am not ready to vote for that at this time.... Mr. Carollo: Mr. Mayor, all that it is is... Mayor Ferre:....but, I will accept it as a motion. Mr. Carollo: As that it is is a motion of intent. Mayor Ferre: Fine. Mr. Carollo: For the Manager to come back to us with the dollar numbers. Mayor Ferre: There is a motion on the floor - I'll accept it. Mr. Plummer: Second the motion. Mayor Ferre: All right, under discussion now - anybody want to say anything about this? Mr. Dawkins: I want to discuss it. I do not think it is our responsibility to fund school guards when the School Board is not at its full millage. It is the School Board's responsibility and again, the School Board is shifting its responsibility to the City of Miami, and I for one, will not vote for it. Mr. Carollo: Miller, if I mav, I can't argue with the point you are making, but at the same time, who is going to tell that to maybe a little kid, or a mother or father who kid gets run over in the City? Mr. Dawkins: I am truly in favor of what you say, Joe, but I would rather provide job money for that little kid's parents, so that he could feed it, and that with the money that the City is using, and feed the kid and its parents and provide health care service for the kid and its parents and provide decent housing for the kid and its parents and let the School Board still handle its responsibility. Mayor Ferre: Further discussion? Any other comments? Mr. Perez: Mr. Mayor, I want to endorse in full this motion, but I would like to request from the Administration a full report about a motion that we ap- proved in this Commission about three or four months ago about the force to work with the Miami Police Department in this direction. I think that we approved a motion that I introduced. It was about three months ago and I would like to have, if possible, for the next Commission meeting the official recommendation from the Miami Police Department, and to take an action for how we support this motion. Mayor Ferre: Further discussion? Call the roll. Id 1f� 3 J U L 28 1983 The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION NO. 83-675 A MOTION OF INTENT INSTRUCTING THE CITY MANAGER TO DEVELOP COST FIGURES FOR INCLUSION IN THE PROPOSED FY-83-84 BUDGET TO PROVIDE FOA THE HIRING OF SCHOOL GUARDS IN ALL SCHOOLS IN THE CITY OF MIAMI; FURTHER REQUESTING THAT THE MANAGER COME BACK WITH A SOLUTION AS TO HOW WE COULD HIRE 100 ADDITIONAL POLICE OFFICERS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Mayor Maurice A. Ferre ABSENT: None 9. DISCUSSION ITEM BY COMMISSIONER DAWKINS VOICING OPPOSITION TO CITY =1MISSION DECISION ON AGREEMENT WITH MIAMI DOLPHINS. Mr. Dawkins: Mr. Mayor, I have three pocket items. The first one, since I was not here, and they took up the Dolphins, I have my first one dealing with the Miami Dolphins, and I want to go on record as being opposed to the decision taken by this Commission on the Dolphins - Joe Robbie's situation last week. The Miami Dolphins, or Joe Robbie, has constantly come out the winner, even when the official calls a two and one-half yard penalty, instead of moving back two and one-half yards, Joe Robbie ends up with three point field goal. By that, I mean a Judge said that the City of Miami was entitled to money for rent on the stadium. This Commission decided not to adhere to the advice of a Judge, and to go ahead and award Mr. Joe Robbie this penalty that he was supposed to pay. Let me review some of the scoring plays made by Joe Robbie against the City Manager and the City Commission. Football Contract - the total of $135,000 on the invoice as listed below was due the City of Miami. We traded away that. The interest was not received. The money was not received, while the Dolphins held the money and received interest on it. Concession contract, rental percentage due the City, in the amount of $452,231. The City was not paid the full amount. Again, the Dolphins scored. A shrink- age allowance of 1% on the Miami Dolphins concession inventory sales in the Orange Bowl Stadium, retroactive to July 1, 1981. Again, a scoring play for the Dolphins. And each time you look, the Dolphins end up the winner. The City of Miami was fortunate to have a. Assistant City Manager, Cesar Odio, who had the foresight to insure the City of Miami against net revenue losses. This insurance mini- mized the total loss of revenue the City was to receive from the Miami Dolphins. We, the Commission, and the City Manager, included this revenue in the City of Miami budget for the fiscal year 1982-83 as anticipated revenue. Again, be- cause of Mr. Robbie scoring plays, we did not receive what we should have received, but because of Mr. Odio's foresightedness, the shortfall was not as great as it should have been. The City Attorney's opinion, was, and is, that Joe Robbie owes the City money. The City Manager's professional opinion is, Joe Robbie owes the City money. The community concensus of opinion is, Joe Robbie owes the City money - my opinion. But, Mr. Robbie, rather than pay, decided to go to court. But, -this Commission, rather than let Mr. Robbie go to Court, decided to award him a scoring play, or what I would call, a penalty. So, that, I am on record as being against the awarding of the play to Mr. Robbie. Mr. Plummer: Can I speak to that? I just want to make one point; I can't miss the opportunity. Mr. Mayor, I have gone back and pulled the minutes of that meeting. I think it needs to be noted for the record, there was no question, including in Mr. Shevin's mind that the City had won in court. And I want to ld .14 JUL 2 81933 4 0 Id read from the transcript and I wanted a look-see in reality what happened. Mr. Robbie is not going to pay us a dime, because this Commission, by majority vote, has agreed to compromise. But the compromise is strange. What Mr. Robbie has done is shifted his responsibility of paying from his pocketbook to the fans, because here is what he is going to do, according to Mr. Shevin. He is going to add one exhibition game in '85 and one in 186, which will be bringing in more revenue. Let me read from the minutes and see what the reaction of what Mr. Shevin felt was the citizen's reaction. When asked about these numbers of games, Mr. Shevin replied: "For several reasons. Fans in Miami, it is a lot easier to sell them season tickets when they are only buying nine, rather than ten. Secondly, fans don't support pre -season games in Miami like they do elsewhere. The fans don't like it. Then don't want another pre -season game." But this Commission is going to be paid its rent at the sake of forcing the fans to buy another pre -season ticket, which they have not shown interest in before. They will have no choice. They will have no say of how Mr. Robbie will force the fans to pay what was legitimately owned by him. I just had to put that on the record. • 15 JUL 2 8 4047 6 10. AUTHORIZE ALLOCATION OF $50,000 TO NEW HORIZONS C0.`MUNITY MENTAL HEALTH SERVICES TO ASSIST THEM IN PURCHASE OF THE FACILITY THEY OCCUPY. Mr. Dawkins: Ms. Evelina Bestman to present my second pocket item, please. Ms. Evelina Bestman: Evelina Bestman, New Horizons Community Mental Health Center, 1469 N. W. 36th Street. Mr. Mayor and Commissioners, about a month ago, I came before you, also as a pocket item requesting $100,000 from the City to assist us in the purchase of the facilities where we are currently located. At that time, you requested that the Staff, the City Manager, do a Staff report in regards to our request, and I believe that that Staff report has been prepared. Mr. Dawkins: What do you do at this place where you are, Dr. Bestman? Ms. Bestman: We provide mental health services to the residents of the City of Miami, particularly those neighborhoods that comprise of Overtown, Alla- pattah, Wynwood, Edison/Little River and some parts of Model Cities. Mr. Dawkins: Mr. Gary, what is the Administration's position on this? Mr. Gary: First of all, I would like to say that Ms. Bestman has a good program. Secondly, I would like to say that the responsibility for health care, including mental health care, is the responsibility of Dade County, and this cost should be borne by Dade County. However, if the City Commis- sion decides that this is an important function that should be partially funded by the City of Miami, then the City Commission has to make some very, very difficult decisions, particularly in view of the fact that we are now talking about hiring an additional one hundred police officers and more guards and a the litany of requests are going to constantly flow in. That has to be taken into consideration, in my estimation, if it is to be considered when we allocate the Federal Revenue Sharing funds, which will probably take place around the first week of October. Mayor Ferre: Go ahead. Mr. Dawkins: Okay, I move that this Commission... how much did you say, Mr. Gary? I mean, you know I don't ... we, the Commission do not want to paint you in a box. Now, she wants $100,000. You said, partially, okay. Mr. Gary: No, I said if this City Commission wants to do it partially. Mr. Dawkins: Okay, all right, okay. Then, if this Commission wants to fund it wholly, what? Mr. Gary: You have got to make some choices in the use of your limited resources. You have got to forego something to get something else. !4r. Dawkins: So what I am trying to say to :you is, are you telling me that I can just fund it partially, without too much of a strain than I would if we fund it wholly. Mr. Gary: What I am telling you is is that you have a Federal Revenue Sharing allocation. A decision has to be made from those funds in October. You will have to make some decisions as to who gets what and who doesn't get it. Mr Dawkins: Okay, let me say then.- first I will explain it, and then I will make a motion. A group was just here and they said that we would give them $50,000... and the County would give them what, Mr. Mayor? We would give them 560,000, and the County would give them what? • Mayor Ferre: is JUL 2 81983 ld 4 0 Mr. Dawkins: Okay, and the County would give them S25,000, so that is one- third to two-thirds. ;Mr. Gary: Was that Easter Seals? Mayor Ferre: No, no. It is that InterAmerican Municipal... Mr. Dawkins: InterAmerican... so, I would like to make a motion that this Commission co on record as providing mental health with one-third of what- ever the County gives them. If the County gives them $100,000, we will give them $33,000. If the County gives them $150,000, we will give them $50,000. So, I make a motion, up to $100,000. Is that agreeable, I mean, can you buy that? Mayor Ferre: How much funding are you getting? .Mr. Gary: Say up to $50,000! Ms. Pestman: We get annually funded now from Dade County, which is not for the purchase of the building - we get $500,000 funded to provide services to the community from Dade County. We have of course, a request into Dade County for money towards the down payment also, and I might add that this Commission is currently funding... there are two community mental health centers within the City of Miami and this Commission is currently funding one of those centers. Mr. Garr: Well, that is the argument why we probably shouldn't fund any more! Mr. Dawkins: I move that you give them $50,000, if you can find it, Mr. Manager. Mayor Ferre: Is there a second? Mr. Perez: Second. Mr. Gary: Up to $50,000. Mr. Dawkins: Up to $50,000. Mayor Ferre: Further discussion? Mr. Dawkins: No, $50,000! :Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption. MOTION NO. 83-676 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO AL- LOCATE THE AMOUNT OF $50,000 TO THE "NEW HORIZONS COMMUNITY !MENTAL HEALTH SERVICES" LOCATED AT 1469 N. W. 36TH STREET, AS A CONTRIBUTION TO ASSIST THEM IN THE PURCHASE OF THE FACILITY WHICH THEY PRESENTLY OCCUPY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: None ON ROLL CALL: Mr. Carollo: Like Commissioner Dawkins said previously, I think this is one of those issues that you have to weigh what is mcre important and in this particular decision, I find it more important to contribute funds such as those to feed people, fcr housing, but not for this service - while a needed service and a good service that they are going to provide, I vote "no". 417 JUL 2 8 19M 11. ALLOCATE $40,000 ($25,000 IN SEED MONEY AND $15,000 IN IN -KIND SERVICES) TO PROMOTERS OF SUNSTREET FEST '83. Mr. Dawkins: Okay, we have one more here. Mr. Holloway? Mavor Ferre: We have a request of S40,000 for the Sunstreet Fest - a celebra- tion of Black life in America. All right, Mr. Holloway. Mr. Wilbert C. Holloway: My nane is Wilbert C. Holloway, I am President of the Miami Dade Chamber of Commerce. My address is 6255 N. W. 7th Avenue. I am here representing a committee of sixty Black professional middle income individuals in the City of Miami and Dade County. Our representation spans some fifteen hundred members of various Black organizations in the community. Our project is to present in four days of festive type of activities in the Liberty City business community, a festival entitled Sunstreet Festival, Inc. Our committee has received the endorsement of Dade County_ and we are working_ diligently to present this festival December 1st through 4th. We presented this item to you at the last meeting and a recommendation was made to the Manager to make a recommendation to you. What we are asking for is $25,000 seed money and $15,000 in kind contribution in the form of certain maintenance and police services to help us to put this event across in our community. This money will also help us to leverage the additional $170,000 that we will raise ourselves to make sure that this activity is completed. Mayor Ferre: How much did you say? Mr. Holloway: $170,000. Mayor Ferre: That you are going to raise. Mr. Holloway: Yes, we are. What this activity is about, and why it is there, is because we found that there is no type of activity in our community at any time during the year, that will help to support the economy and enhance that economy in Liberty City, and that is why the business people have come to me as President of the Chamber, saying "We need that type of stimulation in our community, and we want support, so this is the plan that we made, and we are trying to get it across. We need your help. Mayor Ferre: All right, Mr. Holloway, I am, and will be supportive of your request, but I need to get some information, first. Mr. Pantin, does the City of Miami give to Calle Ocho and Carnival celebrations? (INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: $65,000? All right, how much, Mr. Manager, do we give to Three Kings Days celebration. Does anybody remember? Mr. Gary: I am having that information come down. Mayor Ferre: You also fund Kwanza, and Gombay. Mr. Manager? Mr. Manager, you might recall that at your recommendation, and the Commission's unanimous sup- port, last year we funded, at the request of Mr. Garth Reeves, the Orange Blossom Classic, as I recall $45,000. Do you remember that? It was $15,000? Miller, do you remember that? Mr. Gary: No. It was $40,000. Mayor Ferre: It was $45,000, I recall. Remember, Garth Reeves came here and said if we don't fund it for $45,000, it is going to go to Tampa or Orlando, or someplace. We funded it for $45,000 for one year, and then it left anyway, se, in my opinion, this is a substitution for the Orange Blossom Classic, Mr. Holloway: It is the same weekend, and it is... Mayor Ferre: Which we no longer have, so it is a continuation of the previous- ly established policy of the City of Miami Commission, and if someone will move that motion. .18 JUL 2 8 1983 ld 4 C7 Mr. Dawkins: I'll move it. Mr. Perez: I'll second. Mr. Gary: Under discussion. Mayor Ferre: Yes, sir. Mr. Gary: Mr. Mayor, the City of Miami (this is in respcnse to your inquiry) has given in terms of festivals, $975,659 this year. In my estimation, that is a lot of money. Mayor Ferre: In anybody's estimation. Mr. Gary: Secondly, we started out with an appropriation of approximately $386,000 for this purpose, and we have almost done three times what we originally had appropriated. In my estimation, we are now saturated with festivals. If you recall, even though we supported the Orange Bowl Parade, that is because that has been an on -going traditional function in the Black community for years. This City Commission went on record on two or three occasions, stating that we had ample festivals in every segment of this community. We have the Goombay Festival; we have Calle Ocho; we have one community which was left out, which was the Puerto Rican, we added them. We have festivals for the Anglos, we have them for the Puerto Ricans. We have enough festivals right now. And in my estimation...you know, the City Commission decides - they need to take into consideration what we are currently now doing for festivals. Mayor Ferre: Mr. Manager, in that figure of $900,000, ycu did include $45,000 for the Orange Blossom Classic, is that right? Mr. Gary: Yes, after you exceeded the $386,000 that was appropriated and spent. Mayor Ferre: But, in those figures of $900,000 plus include the Orange Blossom Classic? Mr. Gary: I will find that figure for you right now. Mr. Holloway: We would like to bring also to your attention at this time, Mr. Mayor, that we are asking this as a one time effort, so that we might fund it ourselves in the future. We are going to do it. Mr. Gary: It was $42,000, and I recall what Commissioner Plursner said, there is nothing more permanent than something temporary. Mayor Ferre: Well, the fact is, that all we are doing here, sir, is substituting the proposed Black festival now entitled Sunstreet Fest '63 for the previous Orange Blossom Classic, and there is a motion on the floor that one festival be substituted for another for $40,000. Further discussion.? Call the roll. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr Gary: That $45,000 has been paid. Do you want that $45,000 coming out of next year's budget, or this year's budget? Mayor Ferre: We are talking about next year's budget, because this festival is not going to be held until... Mr. Holloway: December 1st through 4th. Mayor Ferre: December 1st through 4th of this year, and that will be a new budget year. Unless you tell me you have got money to do it in this year's budget? Mr. Gary: We are going to have to go borrow some money from Chase Manhatter., adding all these requests. 19 JUL 2 s 1983 ld 0 10 Mayor Ferre: I'm sure that will make a nice headline, Mr. Manager. Further discussion? Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption. MOTION NO. 83-67,6 y A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE A TOTAL AMOL"NT NOT TO EXCEED $40,000 ($25,000 IN SEED MONEY AND $15,000 IN IN -KIND SERVICES REGARDING MAINTENANCE AND POLICE) TO THE PROMOTERS OF "SUNSTREET FEST '83"; AND EVENT TO BE HELD IN THE LIBERTY CITY AREA, ON DECEMBER 1ST THROUGH 4TH, WITH THE UNDERSTANDING THAT THIS ALLOCATION WILL BE FROM THE FY-'83-'84 BUDGET. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mayor Ferre:. In voting, "yes", because obviously, these items are going to be coming up during the budget hearings in a City that will have a budget this year in excess of $200,000,000 - a $1,000,000 for festivals is amongst the best spent money in this City. I cannot think of a publicity item that has gotten us more international and national publicity than Calle Ocho. Over 100,000,000 people watched it on television. We need to make and dupli- cate that success story, and I think that the Black community is also en- titled to that same opportunity, and I vote "yes" and I think this is a good step forward. Mr. Holloway: We thank you and that is why we are trying to do it. Mr. Plummer: Mr. Holloway, before you leave. Mr. Mayor, I want to tell you I agree with everything you have said, and everything that has been said here, but I want to tell you one impressive point that he made, that I am going to continue to bring before this Commission, that I learned about the City of Orlando, and that was a statement that said, this is a one year funding. The City of Orlando will not fund a second year. They will give you the money to get it started, but from then on, you are on your own. I think this is something that we are going to be forced to come to, whether we like it or not. Mayor Ferre: The City of Orlando has Disney World and Central Florida has Busch Garden and Cypress Gardens and five other attractions, which last year alone attracted over 30,000,000. The people of Miami are going from a tourist figure of 12,000,000 a year and ore -half, two years ago, to 10,000,000, and dropping fast. We need to spend some money in advertising and in festivals, Grand Prix' and other things that attract people to this community. Mr. Plummer: I fully concur. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: Echoing the comment that Commissioner Dawkins made with regards to the school crossing guards being the responsibility of the School Board, again, if Dade County T.D.C. was doing its responsibility in a correct manner, these people who were asking for festivals would not be coming to us. They would be Id going down there, using the money tha raised in the City of Miami for that .26 1 UL 2 8 1983 4 0 particular purpose on the T.D.C. bed tax. Mayor Ferre: All right. I2. DISCUSSION ITEM, CV-2-1ISSIONER PLUMMER - T.D.C. MEETING ANC THEIR FUNDING PLANS. Mr. Plummer: Well, I am glad you said that, Mr. Mayor. I am going to be affording all of you a copy of the proposed budget, and I think you are going to laugh when you read what monies have been delegated to what organization and what festival for this coming year of $356,000 from T.D.C. money. Mayor Ferre: Yes. :ir. Plummer: Mr. Mayor, if I may, at this particular time - not a pocket item, but just for your edification, I attended a T.D.C. meeting on Mcnday, and I want to tell you that I became very, very upset. The reason I became upset was in this proposed budget, and the Manager has already written a letter, but I want all of you to be aware - you will recall the T.D.C. money, and let me read the wording from the ordinance which was voted upon by the people and has not been changed. "That 20% of this money is to modernize and improve the present Orange Bowl Football Stadium, including chairback seats, addi- tional food and beverage concessions, additional and improved parking facilities and additional restrooms and construction - $875,000 a year, or 20g." Mr. Mayor, the proposed budget this year for the T.D.C. relating to that 20% money is in fact, the following: $100,000 to the Grand Prix. $10,000 to the Orange Bowl Marathon. $225,000 to Super Stars, a committed carry over. and then a thing called "Other" of $512,000 - not contingency, "Other" which is not spelled out. Now, let me tell you what I think is the horrible thing that was done. Where that money first and foremost was what I just read to you from what the people voted on, here are two pro- jects that are called "proposals with uncommitted funds", City of Miami Convention Bureau, $250,000; Orange Bowl Stadium Project, $880,000. What this budget in effect has done, it puts the City of Miami outside fighting to get back in, when the wording is very clear, and what the people of this community voted for. Mayor Ferre: Put in a lawsuit. Mr. Plummer: I am saying to you, Mr. Mayor, that I raised holy hell at that meeting. I have alerted Mr. Odio, who is working to get this thing straightened out; the Manager has sent a letter, but I wanted you all to be aware that that million dollars is very crucial to us, because $250,000 of that money is in fact, for our Convention Center to bring more conventions to this community. I will be affording all of you a copy of this. Mayor Ferre: Mr. Plummer, I would strongly recommend that you request from the City Attorney, an investigation and verifi--ation of your opinion., with a legal opinion and perhaps... Mr. Plummer: Mr. Mayor, that was done yesterday; it was the City Attorney who brought to me this Dade County Ordinance. It says that it has not been changed. This is what was voted on, and for any deviation... Mayor Ferre: We may need to formalize that, and we are going to be meeting with these people in forty-five minutes. Mr. Plummer: Okay, with this thing here, it takes a majority vote, plus one of the Metro Commission tc change any item in this thing, and that has never been done. Today, this is the rule that is standing, and I am just telling you that we are in jeopardy, if as recommended (approved) here, we are in jeopardy ��� of losing $1,000,000. • 21 J U L Z 6 Mayor Ferre: Mr. City Attorney, would you formalize that into a legal opinion,. Perhaps we can discuss this with our colleagues in Metropolitan. Dade County. Mr. Garcia -Pedrosa: All right. 13. STRONGLY OPPOSING PROPOSED BISCAYNE BAY MANAGEMENT AGREEMENT SUBMITTED TO THE STATE OF FLORIDA BOARD OF TRUSTEES. Mavor Ferre: This is a resolution opposing the proposed land management agreement submitted to the State of Florida by Metropolitan Dade County for the management of State owned waterfront land and submerqed land in Dade County. Mr. Manager, you are aware, sir, that both, I think Clark Merrill and Jim, and perhaps Sergio now, have been involved in the question of the attempt by Metropolitan Dade County to invade an area, which I think is going to greatly affect the City of Miami, so I would like to, at this time, move a resolution strongly opposing the proposed land management agreement submitted to the State of Florida, Board of Trustees of the Internal Improvement Trust Fund by Metropolitan Dade County for the manage- ment of State owned waterfront land or submerged land in Dade County, Florida, further directing the City Clerk to forward copies of this reso- lution to the officials named herein. Mr. Plummer: I second the motion. Mr. Gary: Under discussion. Mr. Mayor, the Administration supports that resolution 100%. In my estimation it is Dade County's intent through the back door to take over the regulation of City owned land, waterfront land, which will greatly affect the progressive development we have had in the City of Miami. We support that 100%. I would recommend, Mr. Mayor, that you and the Commission use your influence in addressing this issue with the Governor in Tallahassee. Mr. Dawkins: Mr. Clerk, call the roll, please. Mavor Ferre: Wait a minute. Before calling the roll, I just want to make sure that it is clear that this resolution should be sent to the Governor, members of the Cabinet, the Dade Delegation, and members of Metropolitan Dade County. Mr. Dawkins: Any further discussion? Call the roll, Mr. Clerk, please. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 83-678 A RESOLUTION STRONGLY OPPOSING THE PROPOSED BISCAYNE BAY MANAGEMENT AGREEMENT SUBMITTED TO THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND BY METROPOLITAN DADE COUNTY FOR THE MANAGEMENT OF STATE- OWNED WATERFRONT LAND CR SUBMERGED LAND IN DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. (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 Miller J. Dawkins :'ice -'flavor J. L. Plummer, Jr. . __r Nl_=urice A. Ferre NOES: !;One ABSENT: Commissioner Demetrio PerezJr. JUL 28 1983 Commissioner Joe Carollo 22 i 0 14. AUTHORIZE CITY MANAGER TO ALLOCATE $10,000 TO THE PROMOTERS OF THE FOURTH ANNUAL OVERTOWN COMING ALIVE FESTIVAL. Mavor Ferre: Next is Ann Marie Adker, who is here. Miss Adker is requesting $6,200 from the City to defray expenses of the fourth annual Overtown Coming Alive Festival. This is an emergency due to the fact that the festival takes . place on August the 12th and the Commission will not meet again until September. Mr. `Tanager, do you have any problems with this? This is the Overtown Coming Alive Festival; same as last year. Mr. Gary: That's one of the festivals we had last year. Mayor Ferre: Yes, sir. This is dedicating at this particular festival.... Mr. Gary: This is an on -going festival, Mr. Mayor. It is not a new festival. It is already in the budget. Mr. Plummer: I second it. Mayor Ferre: All right, by the way, we are going to be dedicating the Overtown Shopping Center, the Nevell Johnson scholarship award, Mr. Krump, a football player from the Bucktown Club turned pro with the U.S.F.L. will be honored on this occasion. I think this is an important festival for the Overtown area. Mr. Gary: How much? Mr. Plummer: $6,200. Mr. Dawkins: Any further discussion? Mrs. Anne Marie Adker: Yes. Mayor Ferre: You got your money. You want to make a speech. Mr. Dawkins: No, we have to carry the motion. Then you can speak. Mrs. Adker: May I ask for the $3,500 in in -kind services. That will cover the showmobile. Mayor Ferre: As I understand the request is for $6,200. Mrs. Adker: It's for $6,200 to defray expenses. Mayor Ferre: That's for police. Mrs. Adker: No, your police ... you have a budget from the Police Department. attached there. Mr. Gary: I knew it would be more than $6,200. Mayor Ferre: We will do it this way. Mr. Manager, I'll modify my motion to leave it in your hands up to, but no more than $10,000. You decide what exactly needs.... Mr. Plummer: I agree. Mr. Gary: Yes, sir. Mr. Dawkins: Any further discussion? Mr. Clerk, call the roll, please. sl JUL 28 1983 6 0 The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION 83-679 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $10,000 TO THE PROMOTERS OF THE "FOURTH ANNUAL OVERTOWN COMING ALIVE FESTIVAL" WHICH IS TO BE HE:D IN THE CITY OF MIAMI, PURSUANT TO REQUEST MADE BY .KISS ANNE MARIE ADKER. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner ;filler J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. 15. A MOTION REFERRING A REQUEST MADE BY CENTRO COMUNITARIO NICARAGUENSE FOR FUNDING REQUEST. Mayor Ferre: The next pocket item that I have is a request here by the Centro Comunitario Nicaraguense, which is a Nicaraguan community organiza- tion that is trying to work with the Nicaraguan exile community, and they are making a request for $730 to pay rent on their building, because they are about to get evicted. Mr. Manager, I think this is something that you are going to need to get into and I am not going to put figures on this other than to ask you to please meet with ... have somebody in Staff meet with these people and try to help work out their problems and to give you the authority to do so if it is needed on an emergency basis before the September 7th meeting, and I so move. Mr. Carollo: Second. Mr. Plummer: :lotion understood. Further discussion? Hearing none, call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 83-680 A MOTION REFERRING TO THE CITY MANAGER A REQUEST MADE BY "CENTRO COMUNITARIO NICARAGUENSE" FOR $730.00 TO PAY RENT OWED BY THEM FOR THE MONTHS OF MAY AND JUKE IN THE BUILD114G THEY PRESENTLY OCCUPY; FURTHER REQUESTING THE CITY MANAGER TO MEET WITH THESE PEOPLE PRIOR TO THE SEPTEMBER 7TH COMMISSION MEETING, AND AUTHORIZING THE MANAGER TO COMPLY WITH THEIR REQUEST IF HE DEEMS THE SAME TO BE APPROPRIATE. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mavor Maurice A. Ferre NOES: None -. 24 JUL 2 8 1983 ABSENT: None 0 0 16. AUTHORIZE CITY MANAGER TO CAUSE THE ERECTION OF A FENCE AT MANUEL ARTIME PARK. Mayor Ferre: My next pocket item is at a public hearing where Commissioner Carollo, Commissioner Dawkins and I attended in the Haley Sofgee Tower in the Senior Citizen's Center. There was a request by members of the Lieu- tenant Council that the City of Miami help in placing a small fence in the area of Little Havana where there have been housing built, and we just built a little park called the Artime Park, and evidently the Senior Citizens there have a lot of problems because they like to use that park, but there are a lot of drifters in the area that come in and bother them. I don't think it is a major expense and I would like to move that the City of Miami, Mr. Manager, put in, I think it is not more than a fifty foot fence from one building to the other so that those seniors can use that park effectively, and I so move. Mr. Carollo: Second. Mr. Plummer: Any further discussion.? Motion understood. Hearing none, call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 83-681 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO CAUSE THE ERECTION OF A FENCE AT THE MANUEL ARTIME PARK SO THAT RESIDENTS OF HALEY SOFGEE TOWERS - SENIOR CITIZENS CENTER MAY USE THE MANUEL ARTIME PARK IN SAFETY. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner ,filler J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo • Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None 17. DIRECT CITY :MANAGER TO MXET WITH APPROPRIATE OFFICIALS CON- CERNING THE CONTIINUE^ OPERATION OF THE HYDROFOIL. Mayor Ferre: We have a problem with ... we were playing around with this Hydrofoil situation now from the beginning of the year. Mr. Morgan, the owner of those two Hydrofoils came to see me this week with letters from Tampa, Jacksonville and New Orleans, saying that he could not wait any longer for a decision on our part. I recommended to Dr. Morgan that he go to New Orleans and Jacksonville and Tampa and if he can get somebody to buy those two Hydrofoils and I am sorry that we will have missed that oppor- tunity, but in the meantime, I do think that it is important for us to try to conclude this, and I would like to move, :Mr. Manager, that you arrange for a meeting between Rob Farkins of Miami Beach and Merritt Stierheim, or whoever they may assign and whoever you may assign and bring it to this Id J U L 28 1983 0 Commission by September, a final proposal, either for or against this so that we can conclude it one way or the other. It is my opinion that those two hydrofoils are much too important to the welfare of tourism in this community for us to lose this opportunity, and I so move. Mr. Carollo: I second. Mr. Plummer: An% discussion? Mr. Sora? Mayor Ferre: Go ahead, Mr. Sorg, quickly, because we are running out of time. Mr. Stuart Sora: Let we just mention to you that the recommendation that you have that we prepared yesterday was for the purchase of one and the consider- ation of a second. The •ressels, once they are purchased, they should provide their own funding, for paying for the operation after the second year, so that the Commssion's involvement is only one year, but it is $50,000 involve- ment. Mayor Ferre: Mr. Sorg, is the feasibility study finished? Mr. Sorg: Yes, sir. Post -Buckley is completed, but yesterday I talked to Stacy Hornstein... Mayor Ferre: I have not seen that. When will the Commission get a copy of that? Mr. Sorg: You have all got it. You have had it a week. Mayor Ferre: No, as I understand it, I think there were some corrections that needed to be made in it. Mr. Sorg: Yes, sir. There are some minor things, but what is important is Stacy Hornstein of the Tourist Development and Gene Westfall went to San Diego for the purpose of looking at the feasibility of the Hydrofoils, and they came back and said it was the finest tourist attraction they had ever seen. Mayor Ferre: There is no question about that. That is why I don't want to lose it, but we have got to move quickly on it. Mr. Sorg: Well, I 've got the memorandum prepared. It is only going to take one year's funding from all the Commissioners. We are talking about $50,000. Mayor Ferre: Mr. Sorg, you are getting, as I understand, from this Commission, a positive reply. We are putting it in the Manager's hands, and he has to get to with Metro and the City of Miami Beach and come back with a report by September 7th. Mr. Gary: Right. Mr. Plummer: Further discussion? Hearing none, call' the roll. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 63-E62 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MEET WITH ROB PARKINS, CITY MANAGER, CITY OF MIAMI BEACH AND MERRITT STIERHEIM, COUNTY MANAGER, METROPOLITAN DADE COUNTY, TO DISCUSS THE ISSUE REGARDING THE OPERATION OF TWO HYDROFOILS IN THIS AREA AND FURTHER INSTRUCTING THE CITY MANAGER, TO PREPARE A FINAL CONCLUSION TO THE CITY COMMISSION NO LATER THAN.THE MEETING OF SEPTEMBER 7TH, IN ORDER THAT THE COMMISSION•MAY TAKE FINAL ACTION ON THIS MATTER. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: , ld . 26 JUL 28 1983 4 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 18. AUTHORIZE CITY MANAGER TO ALLOCATE $1,500 TO F.A.C.E. (FACTS ABOUT CUBAN EXILES) IN CONJUNCTION WITH EGENTS TO BE HELD AUGUST 20TH AND 21ST. Mayor Ferre: We have a request here from an organization called F.A.C.E., which is Facts About Cuban Exiles. It is signed by Sam Verdeja, Chairman and Luis Botifol, Co-chairman. It is dated July 26th. I had just received it a moment ago, and I apologize for not...just for the record, I will read it into the record: "A group of Cuban artists came on the Freedom Floatilla and felt the need to let this community know the positive aspects of Cubans who came to Mariel in '80. They wish to present an activity which will reach the entire community. At the same time, they wish to thank the United States, the opportunity that they have had to make a new life for themselves, and they wish to give public recognition to the people and organizations who welcome them and guide them along during these very difficult first moments. F.A.C.E. is fully committed to this project, since it will demonstrate the positive contribution of the most recently arrived Cuban exiles. As an orientation, F.A.C.E. has been instrumental in the promotional and fund raising aspects of the Festival. The Adolph Coors Company is the major sponsor for the private sector, having made a $10,000 donation. They have been some other cash donations, as well as in kind donations, however, we are far from meeting the proposed budgetary needs, although expenses have been kept at an absolute minimum. The Festival will take place on August 21st at 10:00 A.M. at Tamiami Park; on Saturday, August 20th, at Bacardi Imports in Miami and the Adolph Coors Company and Mariel Festival Arts Committee will host a reception and award the presentation. The Festival will feature art exhibits, classical and popular music, modern and Africo-Cuban dance, theatre and literature. It should be very impressive cultural event. We are respectfully requesting the City of Miami to contribute $1,500, which should be used to pay for the displays necessary to showcase the talents of the artists and sculptors." And I so move. Mr. Dawkins: Second. Mr. Plummer: Any further discussion? Call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 83-683 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $1,500 PURSUANT TO REQUEST MADE BY F.A.C.E. (FACTS ABOUT CUBAN EXILES) IN CONJUNCTION WITH EVENTS TO BE HELD ON AUGUST 20 AND 21, 1983 TO SHOWCASE TALE14TS OF THE ARTISTS AND SCULPTORS FECENTLY AFRI%rED AS PART OF THE MARIEL BOATLIFT OF 1980. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: .27 J U L 28 1983 ld 6 11 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None 19. A MOTION GOING ON RECORD IN SUPPORT OF THE CONCEPT OF STOREFRONT POLICE STATIONS, LITTLE HAVANA MERCHANTS ASSOCIATION AND EXPRESS- ING THE INTENT THAT POLICE SUBSTATIONS WOULD BE OPEN IN THAT AREA AND OTHER AREAS OF THE COMMt1ITY. Mayor Ferre: All right, the next item that I have - Mr. Manager, yesterday I was invited to meet with the Little Havana Merchants Association and they turned over to me 25,000 signatures that had been secured in Little Havana from the people, merchants and property owners of Little Havana, requesting that a storefront station be put into Little Havana, and eventually a mini - police station. My position on that is the same as it has been with Overtown and Liberty City and the request was formalized. It also coincides with one of the requests of the Little Havana Development Authority and the East Little Havana Task Force has concluded, and at this time, I would like to move that the City of Miami go on record in support of these storefront police stations with the hope, after we develop six months of basic infor- mation, of perhaps considering the opening up of mini stations in different parts of this community, and I so move. Mr. Plummer: Is there a second? Mr. Perez: I second that motion and I would like, Mr. Mayor, to call on the people of the East Little Havana Merchants Association to oversee this organization in the community as CAMACOL, CAMASIN, and all the Latin organiza- tions in order that they the opportunity to express their own point of view, and to have later the recommendation from the City Manager's office. Dlayor Ferre: I will do that. Mr. Plummer: Any further discussion? Mr. Dawkins: Under discussion. Mr. Plummer: Mr. Dawkins. Mr. Dawkins: The residents of Liberty City are not desirous of a store- front type operation. They are only interested in a substation - I guess that is the same terminology as the Mayor used as a mini station, so I must go on record as saying that they do not want a store front operation in Liberty City. Mr. Plummer: Anv further discussion? Motion understood, call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 83-684 A MOTION OF THE COMMMISSION GOING ON RECORD IN SUPPORT OF THE CONCEPT OF STORE -FRONT POLICE STATIONS PURSUANT TO A REQUEST MADE BY THE LITTLE HAVANA MERCHANTS ASSOCIATION AND FURTHER EXPRESSING THE HOPE THAT AFTER SIX MONTHS OF BASIC INFORMATION CONCERNED WITH SAID STORE -FRONT OPERA- TION, IT WOULD BE THE INTENT OF THE CITY COMMISSION TO PEF'HAPS OPEN UP POLICE SUBSTATIONS IS SAID AREA AND IN OTHER AREAS GF THE CODLMLIZITY. -pon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: 03Q I�iIV JUL 28 1983 id 0 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None 20. DISCUSSION ITEM: TOURIST CORMITTEE IN BLACK COM14LNITY. Mayor Ferre: I have two other items - one is Mr. Manager, as you recall, a group of prominent members of the Black community came here with a request for a tourist authority, or a tourist committee. I understand that Father Major and others are meeting this morning and have not concluded. I under- stand that you made them an offer and they may want to come and speak about it, so I just want to put into the record that we will be discussing that this afternoon. 21. STRONGLY IMPOSING THE STATED INTENT OF THE BOARD OF METRO- POLITAN DADE COUNTY COMMISSIONERS TO ABOLISH THE MIAMI DADE WATER AND SEWER AUTHORITY. Mayor Ferre: And lastly, the Water and Sewer Authority. Mr. Manager, we will be meeting with the County Commissioners in thirty-five, forty minutes, and you do have before you a legal opinion dated July 27th, which I have requested the City Attorney to prepare. The two questions that were asked were- May the County Commission unilaterally abolish the Miami Dade Water and Sewer Authority? and secondly, what are the ramifications to the City in the event that the County Commission unilaterially abolishes the Miami Dade Water and Sewer Authority by substituting a Department of Metropolitan Dade County to act in the place of the authority? Now, in his usual thorough- ness, the City Attorney, in a very short period of time, has come up with a complicated, but well researched... and he concludes, in the first question, as follows: "I am therefore of the opinion that the tri-party agreement entered into between the City of Miami and Metropolitan Dade County and Miami Dade Water and Sewer Authority is enforcable as against Metropolitan Dade County and the Miami Dade Water and Sewer Authority, and the abolishment of the independent authority by Dade County is tantamount to the abrogation of the agreement." and then to the second question, he answered: "I am therefore of the opinion that absent a contractural arrangement with Metropolitan Dade County, the City is not assured that any of the provisions that it contracted for with the Miami Dade Water and Sewer Authority of Metropolitan Dade County will remain in full force and effect." Now, Mr. Manager, as I understand it,'it was your recommendation a month ago that the City of :Miami should not accept, and should question the abolishment of that Water and Sewer huthority. Now, we do not have sufficient time to go into all the merits of this, but suffice it to say that as mayor, I concur with your and Staff's conclusions. The people of Miami, over a half century paid for the construction of one of the best water and sewer systems in the United StBtes. At the present time, Miami JUL� V 6 0 is almost 90% sewered. Within the next five years, Miami will be the only City in the State of Florida that will be 1004 sewered. Now, when we turned over the Water and Sewer properties in the City of Miami in the year 1971... J. L., I think you were on the Commission then - you were the only member here that sat through all of that - the City of Miami, as we had been with the Housing Authority, where I had voted for the turning it over to Metro in 1971, it was worth $500,000,000. It was an estimate that was made as to what the value was. When the people of Miami through its Commission turned it over to Metropolitan Dade County, we did not get one cent for what we turned over. We just gave it to them. You are talking giveaways - you know, we worry about $35,000 to Dolphins, here was a turnover to Metropolitan Dade County of $500,000,000, which is worth $1,000,000,000 in today's market - just the land alone is worth $500,000,000. The people of Miami had paid for their water and sewer system, and let me tell you what happened, which is one of the greatest hoaxes ever perpetrated on this City and in this community. Immediately, the people of Miami started to pay and have been paying since then for the water and sewering of the outlying areas, Kendall, West Dade, South Dade. The people of Miami are today paying, after we finished sewer- ing our city, we are now being asked, and have been, in effect, been paying for the sewering of the rest of this community that has nothing to do with the City of Miami. So, not only did we turn over what is now a billion dol- lar property to Metro, but we stuck with the tax bill, and continued to pay for the sewering of other communities that we have nothing to do with. On top of that, we ended up paying the same for water and sewers with very little exception, as do other parts of this community, which is patently un- fair. Now, there is not much that we can do about that, but it seems to me, that your position is eminently correct, and I think we need to go on record supporting it. The reason why it has to be done today, is because in thirty- five minutes we have a meeting with Metro, and furthermore, if we don't do it today, it may be legally too late, so I move you, sir, that the City of Miami go on record with Metropolitan Dade County, number one, that at this time, we oppose the abolishment by them of the Miami Dade Water and Sewer Authority; number two, .that we go on record saving that this goes contrary to the tri-party agreement, and send them a copy of Jose Garcia-Pedrosa's legal opinion; and number three, to ask them to come back and discuss this matter further with us, so that we can come to hopefully, a peaceful and a mutually agreeable conclusion on the problem. Mr. Plummer: Is there a second to the motion? Mr. Dawkins: Second it. Mr. Plummer: Is there any further discussion? Motion understood. Mr. Gary? Mr. Gary: Yes, under discussion. Mr. Mayor, we have prepared a resolution along these same lines. Is your resolution going short of directing the City Attorney and myself to take whatever necessary action to protect our interest in that Authority? Mayor Ferre: At this time, yes, sir. Mr. Gary: Okay. Mayor Ferre: My attention is to tell them that —Mr. Manager, I will amend my motion to this extent. If anything occurs between now and September 7th, which in either your opinion, or that of the City'Attorney, we need to act legally to protect our interests, you would be authorized to do, but absent that kind of a situation, I would rather afford them the opportunity to re- think their position and come back with a recommended resolution of the problem that would be mutually acceptable to both parties. Mr. Gary: Mr. Mayor, the reason I brought that question up, is because I am under the impression that Dade County plans to meet September 6th to take final action in terms of abolishing the Authority to the State Department. Mayor Ferre: So, what I am saying,'Mr. Manager, that you are of course, authorized, you and the City Attorney to represent the official position of the City of Miami, and that includes taking any legal or other actions that are necessary between now and September 7th. If, on the other hand, the matter does not need to put into a court before September 7th, before we get into legal action against our colleagues in. Metro, I would like to have the oppor- tunity to discuss it with them. ld .30 1983 JUL 2 8 0 S Mr. Gary: Okay, Mr. Mayor, Clark Merrill and my Staff just informed me that they are meeting today, right now, to abolish that Authority. Mayor Ferre: Well, the removal of the members of the Authority is a matter which they are legally entitled to do. Mr. Garcia -Pedrosa: That is a little bit different question, Mr. Mayor. What happened was that members of the Authority hired a lawyer to advise them on this issue. That triggered a motion to remove them. That is not quite the same thing as a motion to abolish the Authority, although one would have to query what an Authority without members might consist of, but that is really a slightly different issue. Mayor Ferre: But, that is a matter that we can deal with on September 7th, and if we have to proceed legally against Metropolitan Dade County. yr. Plummer: Any further discussion? Hearing none, call the roll. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 83-685 A RESOLUTION STRONGLY OPPOSING THE STATED INTENT OF THE BOARD OF THE METROPOLITAN DADE COUNTY COMMISSIONERS TO ABOLISH THE MIAMI-DADE WATER AND SEWER AUTHORITY AND CREATING A WATER AND SEWER DEPARTMENT OF DADE COUNTY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE WHATEVER ACTION MAY BE NECESSARY IN PROTECTING THE INTERESTS OF THE CITY OF MIAMI INCLUDING, BUT NOT LIMITED TO, THE FILING OF A LAWSUIT, IF NECESSARY, PRIOR TO THE NEXT MEETING OF THE CITY CITY COM- MISSION TO PREVENT ANY ACTION THAT MAY BE ADVERSE TO THE CITY OF MIAMI RESULTING FROM THE ABOLISHING OF THE MIAMI-DADE WATER AND SEWER AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo 22. AUTHORIZE THE EMPLOYMENT OF RAYMOND VALENTI AS LEGAL ASSISTANT IN ACCORDANCE WITH THE ATTACHED MEMORANDUM OF UNDERSTANDING. Mayor Ferre: The City Attorney has one pocket item. This is a resolution authorizing the employment of Raymond Valenti as legal assistant in accordance with the attached memorandum of understanding between the City Attorney and the said individual, using budget funds of the Law Department, which are already in existence, and further authorizing the City Manager to execute the necessary agreement to implement this resolution. Mr. Dawkins: Everytime I come up, you have got more budgeted —why do you keep coming up with budgeted funds? Everytime I look, you have got budgeted funds. I move it. You got budgeted funds! Mr. Plum. er: All right, you move and be quiet! I second it. (LAUGHTER) Mayor Ferre: There is a motion by Dawkins, seccrded by Plummer. Further discussion on this motion? Call the roll. ld 0 31 JUL 28 1983 0 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 63-686 A RESOLUTION AUTHORIZING THE EMPLOYMENT OF RAYMOND VALENTI AS LEGAL ASSISTANT IN ACCORDANCE WITH THE ATTACHED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY ATTORNEY AND SAID INDIVIDUAL, USING BUDGETED FUNDS OF THE LAW DEPARTMENT; FURTHER AUTHCRIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS TO IMPLEMENT THE HEREIN RESOLUTION. (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 Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS AT lo:30 A.M., reconvening at 2:20 P.M., with all members of the Commission found to be present except for: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo 23. PLAQUES, PROCLAMATIONS, AND SPECIAL ITEMS. 1. Presentation of Birthday Cake to celebrate City of Miami's 87th anniversary. 2. Presentation of Certificates of Appreciation To Office of Professional Compliance Outreach Centers: Fred Shepherd/Culmer Overtown Neighborhood Service Center; Y. C. Coppolechia/Miami-Dade Community College, Downtown Campus; Abraham Thomas/Edison West Little River; Evalina Bestman/New Horizons Mental Health Center; Pinkie Sands/Coconut Grove Human Resources Center; Cornelius Allen/Liberty City Community; Luis Sabines/Latin Chamber of Commerce; Haydee Miranda/Eugenio Maria de Hostos Wynwood Center; Mary Boyle/Christian. Community Service Agency/S.E.R. Cubanos. 3. Presentation of Commendation to Officer James Fitzgerald in behalf of Miami Police Explorer Post No. 106. 0 .32 1 JUL 2 81983 ld 11 S 24. ALLOCATE $6,000 TO THE MIAMI JAYCEES TO ASSIST THEM IN EFFORTS TO BRING TO MIAMI THE NATIONAL JAYCEES CONVENTION. Presentation of Proclamation and declaring July 28 Coconut Grove Jaycees Day. Presented to President John Jo£fee, Nevin Kanner, Randy Smith and Bing Herald. Mr. Plummer: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Plummer: These honorable group of gentlemen have come and asked the City's help. Mr. Gary, they will be asking for a grant of S6,000 to assist them in bringing the convention here, and I so move. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion.? Besides bringing honor to this community by winning all those first awards, if they can also bring a convention here - good will ambassadors indeed! Further discussion on the motion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-687 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $6,000 TO THE "MIAMI JAYCEES" TO ASSIST THEM IN THEIR EFFORTS TO BRONG TO MIAMI THE NATIONAL JAYCEE CONVENTION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins, Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo 25. CO14DOLENCES CONCERNING THE DEATH OF THE MOTHER OF THE WIFE OF COMMISSIONER MILLER DAWKINS. Presentation of Resolution expressing condolences to the family and friends of Mrs. Viola Sidney, Commissioner Miller Dawkins Mother-in-law. 33 JUL 28 1933 ld vi 0 25.1 DECLARING ERNESTINE ROLLE DAY FOR HER COMMUNITY SERVICE. Presentation of Proclamation - declaring July 18 as Ernestine Rolle Day, for her 30 years of service to our community. 26. AUTHORIZE CITY MANAGER TO INVESTIGATE AND OBTAIN FURTHER INFORMA- TION CONCERNING A REQUEST ;LADE BY THE DOWNTOWN MIAAiI BUSINESSt1ENS ASSOCIATION FOR $75,000 IN JOB BILL FUNDS. Mayor Ferre: Yes, go ahead. Mr. Mike Brozlarsky: My name is Mike Brozlarsky, I am Vice -President of the Downtown Miami Businessmens Association. I only want to take one minute and then Willy will continue. In the past years we have never come to the Commission asking for a joint effort to work together with us. In the past we never came to ask for any help, because downtown was prosperous and we had a very good mood with tourists that we had, but unfortunately, and this morning they would say that the gate on the tourists from $12,000,000 to $10,000,000 and the future doesn't look very bright, so we have passed a memorandum that I suppose everyone of you has, and we need a joint venture with the City of Miami, Downtown Miami Business Association and private enterprise to pitch in and Willy will explain specifically which are the the basics of the problem that are asking for. Mr. Wilfredo Gort: My name is Wilfredo Gort, 2650 N. W. 14th Avenue. In essence what we want in the last year what we have tried to do is turn around the market in downtown Miami and cater to the local community. We have had all kinds of studies that made different recommendations what to do to attract the local community back into downtown Miami and right now we are in the process of implementing them. Private enterprise is willing to spend in a pilot project of one block in downtown Miami $500,000 to carry on this study. One of the things that we want to do is we want to see this study put into effect and that is what we are trying to do right now. We are respectfully requesting of the City, since we do not qualify as a neighborhood, for a jobs bill fund to help us fill in some of the levees that we have in the downtown area. The levees in the area where you have got the trees and the short trees - the problem is when all this was planted, unfortunately the upkeep and the maintenance of these planters were not put into the budget, so it is very hard for the city to maintain these places. What we are suggesting is, let's fill this in, widen it and make the sidewalk a little wider and put the tiles in it and then later on private enterprise will come in with the planters, which will be a lot easier for maintenance and I will request $75,000 out of City wide job bills to do that. At the same time, in order to work with Downtown Miami and try to make it work through the local community, we need to run it like a shopping center. For that reason, we need to do what is called the Management Study of Downtown Miami, and put all these resources together and run Downtown Miami, with the retail shops, as a shopping center. That is the second request for $25,000, matched by the private enterprise with another $25,000. And the last reauest is, one of the biggest problems we have, some of the services provided to downtown - unfortunately, the sanitation, the public works, parks, do not have the budget to upkeep the areas in downtown. We would like to get at least a closer coordination between those agencies and ourselves, to try to create the one agency that can supervise all of this, since we have got State, Count., and City authority, and this is what we are requesting of the Commission today. ?=vor Ferre: All right, auesticns from the Commission.? .34 JUL 28 1983 ld Mr. Plummer: I think we need to hear from the Manager. Mayor Ferre: Mr. `danacer, there is a request. Mr. Gary: Mr. Mayor, this was a last minute request that I got yesterday. From just my cursory review of the request, my initial impression is that the $75,000 in job fund request appears to be reasonable and worthwhile. With regard to the second phase, I am totally opposed to that, primarily because we supported this organization with not only pedestrian studies, we also gave them a C.B.Q., and we also have the Downtown Development Authority downtown, which also has some extra none.;, by the way. I think that should be funded through a different mechanism. I think the City Commission should authorize me to first of all, get more details on that $75,000 program, from a cursory view seems to be gocd, and identify where we are taking it from in the lobs program. Mayor Ferre: All right. Mr. Gary: And thirdly, that the jobs program be targeted towards employ- ment cross section. Mayor Ferre: Is there a motion? Mr. Plummer: So moved. :4r. Perez: I move. Mavor Ferre: It has been moved and seconded. Now, the motion is based on the statement made by the City Manager. Do you have anything you want to add to that? Mr. Gort: The last item you have, which is something we discussed with the City Manager before now... Mayor Ferre: Which is what? Mr.Gort: The status of street vendor policy and so on, which is part of the memo that you received. We tried to... Mayor Ferre: I think that is something that I hope will be coming to a head very soon. I don't mind taking it up now, but let's vote on this other issue first, so we can get that behind us. All right, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-688 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTIGATE A14D TO OBTAIN FURTHER INFORMATION ON A REQUEST MADE BY REPRESENTA- TIVES OF THE DOWNTOWN MIAMI BUSINESS ASSOCIATION FOR $75,000 IN JOB BILL FUNDS; FURTHER DIRECTING THE MANAGE TO IDENTIFY WHERE THOSE MONIES WILL BE TAKEN FROM IN THE JOB BILL PROGRAM; AND FURTHER STIPULATING THAT SAID JOB PROGRAM; SHALL BE TARGETED TOWARDS EMPLOYMENT. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissoner Joe Carollo .35 ld JUL 28 1933 27. DISCUSSION ITEM: PERSONAL APPEARANCE, MR. CHARLES HADLEY CON- CERNING VOTERS REGISTRATION AND THE TEARING DOWN OF SIGNS. Mayor Ferre: All right, Mr. Hadla%. Mr. Charles Hadley: Mr. Mayor and members of this great Commission - I said Just Commissioners, because the Commissioners are elected and then the Com- mission appoints you and the City Attorney and also the Clerk. I am here for one thing, and this is it, and I want each one of you (INAUDIBLE). This is is it! This is a meeting (INAUDIBLE) of this country, and this is what we are working on long and 'hard, but my friends, I want to tell you something, which I know you don't know. You know, (INAUDIBLE, OFF MICROPHONE) I am reminded of a story I heard years ago, and which was told to me a few months ago by (INAUDIBLE, OFF MICROPHONE) and I said I was born and raised. (OFF MICROPHONE) I told the Senate about this. You know how it is when (INAUDIBLE) and they are telling us out there that we are going to stop this registration up. (INAUDIBLE, NOT OFF MICROPHONE) And I am a great hand when they attack Father Hadlev. I'm not the Armv and I'm not the Navv. I don't have no surprises. (INAUDIBLE) Mavor Ferre: Mr. Hadlev. Mr. Hadlev: (INAUDIBLE, OFF MICROPHONE) Mayor Ferre: I know sir, but it 3:00 P.M. We have people that have been waiting all day. Mr. Hadley: Well, I've been waiting all week. Mayor Ferre: Mr. Hadley, we are going to come to a conclusion on this very quickly. Mr. Manager, every person on this Commission, I am sure, is... Mr. Hadley: (INAUDIBLE) Mayor Ferre: Now, just wait a moment, Mr. Hadley. %There is concern about the destruction of voter registration signs, and I would be very grateful if you would so inform the various agencies that are involved in tearing down these signs, wherever legal, that these signs must be left up and wherever t5ey are illegal, I think it would be ... they don't have to tear'them down, they can take them down without having to tear them up into little pieces, and just as matter of common courtesy, if they are illegally placed, if they are going to take them down, which they have a right to do, they can try to save them, because Mr. Hadley is absolutely right, these signs cost... they are not paid for by us, or the Government or anybody else - those are coming from the private pockets that are paying for those signs, and I think we ought to have the courtesv - not we, the City of Miami, but whatever agency, so I think on behalf of all of us, would you help in this process? Mr. Gary: Yes, sir, and I would first, for the record, - the sign that was taken down was at a place where Federal regulations prohibit the registering of people, and that is C. D., because we receive Federal funds. Secondly, I would ask Mr. Hadley, before he puts his signs, please contact my office before he does so, so we will make sure they are put in the appropriate place. Mr. Hadley: I haven't out signs but in two places. Mr. Gary: Yes, but on City property, check with me first. Mr. Hadley: (INAUDIBLE) Mayor Ferre: Mr. Hadley, I think we have now achieved what you came here tc do. Mr. Hadley: You haven't answered my que-stion, because they don't want to register ceopie. ld JUL 2 8 1983 Manor Ferre: Sir, we are all in favor of the registration of people, all people, Black and White, young and old, and we are going to do our best to help in the registration of people. We thank you for your concern and for coming here. Thank you, sir. DTSCUSSTON RE OFF-STREET PARKING AUTIIORTTY BONDS. 23. 14EEKLY SUBMTSSION OF REPORTS BY '1HE DTREC'l'OR5 OF THE OFF-STREET PAR'.:TNG AUTHORITY AND DOWNTOIAN DEVELOP1ff:NT AUTHORTTY Mayor Ferre: We do have the Board of the Off -Street Parking Authority who are under some time constraints on this issue number 77, so Mr. Carlton, if you would quickly address the Commission, and I will recognize the Chairman, Mr. Reuben, and see if we can bring this to a head. Mr. Roger Carlton: Mr. Mayor and members of the Commission, I would like to introduce to you Mr. Arnold Reuben, who is the Chairman of the Cff-Street Park- ing Board, and Ms. Diane Smith, who is a member of the Board, who is also here as well as Ron Silver, who is our legal counsel. Mr. Reuben will brief you very quickly on the resolution that has been previously passed out. There is some slight amendments that were suggested by the City Attorney's office and bond counsel, and I will hand you that now. Mr. Arnold Reuben: Briefly, while Roger is passing out that revised resolution, this is in conformance with the ordinance that was passed by the City Commission on May 31st, 1983, and provides for the issuance of some new City parking bonds and will in effect, refund our existing bond issue and what we are asking today in this resolution, is that the City Commission authorize us to negotiate on the issue and to set a maximum bond interest rate not to exceed 10.5% and a discount rate of not over 3%, and that we have authority to designate during the summer, because these bonds will be sold during the summer recess of the City Commission, a bank to act as Trustee of the bonds. Mayor Ferre: Roger, what is the rating going to be on these. Mr. Reuben: We do not have an official rating as yet. We had a meeting yester- day, with Moody and Standard & Poor, and they have indicated that they will have a rating for us by August 8th, and these bonds will not be sold at the present time. We are just trying to get everything in order so that if the rating is correct and the bond market is right, we will have the authority to proceed. Mayor Ferre: As you know, Mr. Reuben,the City of Miami just completed the sale of $25,000,000 worth of bonds at 8.43%. Now, the market is changing all the time, and we all realize that, and we have just increased our rating, as you know, to A+, in Moody's. You are now asking us to pass up to 10.5%, and I am just questioning that. Mr. Gary: There is a reason for that. Mayor Ferre: Tell me what it is. Mr. Gar:: We sold G.G. bonds, which gives a good a faith in credit to the tax- payers. These are revenue bonds. Mayor Ferre: Yes, of course. Mr. Carlton: There is one other thing which is also important. This is a refunding of the existing debt of the Department and the current bonds are as high as 11.9%, and this essentially will lower the interest rate on existing bona5. Mayor Ferre: Okay, by the way, Mr. Manager. you have not made public the fact that 8.435: is the lowest interest rate of any bond that have been sold this year of our type of rating. Mr. Gary: Yes, we made it public, we just don't get the headlines. Ma,,cr Ferre: No, not a headline. I don't t?iir.j& anybody caught that. The City of Miami got the lowest interest rate of any other governmental entity, our size, with our rating so far in the year 1963. All right, further cuesticns on this resolution that is before vou? �� 1d JUL 28 1983 S M ld Mr. Dawkins: No question, but discussion. `•savor Ferre: All r:.ght, under discussion: Mr. Dawkins: I am so glad the full Board is here, because I want them to understand that I, for one, am not in favor of the single handedness that this Commission granted the Board authority. It is not their fault, but I am not going to vote on anything that I do not see from you, for the simple reason that I have no control over you, and I don't know what you are doing, and I have been told that, so therefore I will be voting "no". Mr. Plummer: You had better hold this vote up. Mayor Ferre: You will have to wait until we have a full Commission. You have got two votes against you right now. You want it to go...? Mr. Plummer: I wart to read it through. I am not saying I am voting...I am not voting. I am not saying I am voting against it. I want to read it, Roger. Mayor Ferre: You will have to wait. I know you have got other problems and all that, but that is the way it is. All right, thank you, very much. Mr. Plummer: Mr. Mayor, may I bring up two points in conjunction - number one, that Mr. Dawkins just said. I would like to offer a motion at this time, that from this day forward, that both the Offstreet Parking Authority and the D.D.A., will furnish to this Commission, weekly reports about any and all activities they are participating in, and I offer that in the form of a motion. Mr. Dawkins: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-689 A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT FROM THIS DATE FORWARD, THE DIRECTOR OF THE OFF-STREET PARKING AUTHORITY AND THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY SHALL BE RESPONSIBLE FOR WEEKLY SUBMISSION OF REPORTS TO THE MEMBERS OF THE CITY COMMIS- SION CONCERNING AND ENCOMPASSING ANY AND ALL ACTIVITIES THE AFORESAID AUTHORITIES MAY BE INVOLVED WITH. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 29. SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION 27Z4-26-34 S.W. 7TH STREET FROM RG-1/3 TO CR-3/7. Mayor Ferre: All right now, we are in to Item Number one. Is there anybody here on Item ",umber one? Raise your hands if you are here. All right, step forward, and let's do this quickly. This is Second Reading - an apclication by Ed Pa,on and Andres Fernandez of the Romer Investment Corporation - Rodolfo and Orestes Lleonart to change the zoning from RG-1/3 to CR-3/7. It passed on First reading or. June 15th. Is there any discussion or questions of this? i38 JAIL 28 1983 W. Mr. Plummer: Yes, Mr. Mayor, T don't think we ever saw the covenant. Mr. Mike Anderson: We submitted that about three weeks ago to the Law De- partment. Mr. Plummer: Well, I remember you submitted one, and then there was to be another one, if I not mistaken. There was a correction. Mr. Anderson: That is correct. Two of them were submitted. Mr. Plummer: I have not seen the final covenant. Mr. Anderson: Okay... Mr. Plummer: I think the concern of this Commission was relating_ to the lot which is presently being used as Lot 10 fcr parking, that in fact, there would be no buildina on that lot, or if so, there were stipulations. :Mr. Anderson: Correct. Mr. Plummer: Have you seen this new covenant, or the latest one? Mr. Clark: We have one dated June 21st and 2411h, 1963. :Mr. Plummer: Are you satisfied that that covenant voluntarily given, is in fact covering the concerns of the Commission? Mr. Clark: Yes, sir. Mr. Plummer: I have no further discussion. Mayor Ferre: All right, is there a motion on this item at this time, with the covenant included. For the record, from the Administration, is the covenant acceptable? Mr. Plummer: I lust asked the Law Department if it covered all of the con- cerns of the Commission, and the answer was "yes". Mayor Ferre: Yes, but I want it from the Administration, rather than the Law Department. Mr. Plummer: I'm sorry! Mr. Richard Whipple: Mr. Mayor, the Department did recommend against this item. Mayor Ferre: I realize that. That is not my question to you, sir. I know that the Department recommended aqainst it. My question... Mr. Whipple: We would concur with the Law Department that the covenant respects the wishes of the Commission. Mayor Ferre: Of the Commission - which I think so far is the final voice on these items. Is there further discussion on this? Is there a motion? :Mr. Perez: I move. Mr. Plummer: Second. :Mayor Ferre; !Moved by Commissioner Perez, seconded by Commissioner Plummer. Further discussion? Call the roll. 39 JUL 2 8 1983 AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE SOUTH 40 FEET OF LOTS. 8, 9, AND 10, BLOCK 2, HARDING HEIGHTS (6-138), ALSO DESCRIBED AS THE BACK PORTION OF APPROXIMATELY 2724-26-34 SOUTHWEST 7TH STREET FROM RG-1/3 [GENERAL RESIDENTIAL (ONE AND TWO FAMILY)) TO CR-3/7 [COMMERCIAL RESIDENTIAL (GENERALLY) ] , AND BY MAKING THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 95001 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 15, 1983, it was taker. up for its second and final reading by title and adoption. On motion of Commissioner Perez, seconded by Commissioner Plummer, 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. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9658. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 30. DISCUSSION: ADMINISTRATION OF OATH TO THE MAYOR BY THE CITY CLERK CONCERNING A NATTER OF CHANGE OF ZONING AT 700 S.W. 36 AVENUE FROM RG-1/3 TO CR-3/7. (See also Label 54) Mayor Ferre: Is there any member of the public here on Agenda Item Number 7. Please step forward, sir. Mr. Amadeo Lopez -Castro: My name is Amadeo Lopez -Castro and I am a Civil Engineer. I reside at 1136 Alhambra Circle in Coral Gables, and I represent the two proponents in this change of zoning, which are Mr. Felipe Valls and Mr. Luis Martinez. Mayor Ferre: All right, Mr. Lopez -Castro, before you make your statement into the record, and we will hear from the Department, Mr. City Clerk, I wish to, for the record, since the newspapers have been so vicious about this, particularly Ricardo Zaldivar, in the Miami Herald, I wish to go on record, under oath, so please swear me in on this issue. Mr. Ralph Ongie: Do you solemnly swear that the evidence that you will give in the matter pending before this City Commission will be the truth, so help you God? Mayor Ferre: I do. Now, I want to state into the record, under oath, which means that it would be under subject to perjury if I in anyway mis-state anything - that I have not spoken with Mr. Felipe Valls, directly or indirectly about this or any other issue affecting this or any other property - ever, at any time! Furthermore, I wish to state into the record under oath, that I ld 4V JUL 2 81983 (� # 4 have not seen Mr. Valls other than at two social occasions in the past two years, and that the third time that I had seen him in a two ;ear period was this morning, as I walked out of these chambers. Again, I would repeat, that at no time have I ever discussed with him anything dealing with any of his properties, zoning or any other matters in anyway, directly, or indirectly affecting this man or his properties. Now that we have got that one behind us, ... Mr. Lope---Castrc: Mr. Mayor... Mayor Ferret No, sir we are going to do it - first let the Administration... Mr. Lopez -Castro: No, I wanted to ask a favor from .you, sir. Mayor Ferret Yes, sir. Mr. Lopez -Castro: I just talked with my client and since this has received such adverse publicity, we were wondering if we could wait to be heard out by the rest of the Commissioners at this time. Mayor Ferret I have no objections to that. That is always in order. We always... Mr. Lopez -Castro: We will wait, we will be here until they arrive. Mayor Ferret Yes, sir, fine. 31. DISCUSSION AND CONTINUED FOR INSPECTION OF A REQUEST FOR CHANGE OF ZONING CLASSIFICATION 761 N.W. 3RD STREET FROM RG-2/5 TO CG-1/7. Mayor Ferret We are on Item Number 8. Is there anybody here on Item umber ? All right, please step forward, sir. All right, let's hear from the Administra- tion on Item Number 8. This is an ordinance on First Reading - an application by Santiago and Benita Presno to change zoning on 761 N. W. 3rd Street from RG-2/5 to CG-1/7. The Planning Department has recommended denial; the Zoning Board recommended approval, unanimously 6-0. There were two objectors for, four replies in favor, one proponent present at the meeting. All right. Mr. Richard Whipple: Mr. Mayor and members of the Commission, the Planning Department do-s recommend denial of this item. We do not feel there is any . indicated nc .. for additional commercial zoning in the subject area. We believe that such a change would initiate additional commercial encroachment into the residential area, which is unwarranted. The change is not really in accord with comprehensive plan and that the establishment of commercial development as requested would have an adverse impact on the residential area to the southeast and northerly directions. Mayor Ferret All right, sir. Yes, sir? Mr. Santiago Presno: My name is Santiago Presno, and I live in 1671 S. W. 18th Street. The reason I wart to change it is because I own three lots - eight, nine and ten, and I am planning to build a new building over there, and that is the only lot left t:iat is residential. The two other lots next to this lot, they are commercial - next to an apartment house, and that is the only lot left in residential. Now, I have been across the street twenty-two years, and I am planning to build a new building that will do a lot of benefits for that section over there. Mayor Ferret All right, any rebuttal? Mr. Whipple: I would just like to comment, Mr. Mayor, lot eight, immediately north of this site, was changed within the past year by the City Commission. We justified that change based upon the zoning across the street being in- dustrial in nature. This lot is different from that situation, and that is why we are recommending the denial. Mayor Ferret All ric t, questions from members of the ConLmiasion? ld 0 :41 J U L 28 1983 vp Mr. Plummer: Sir, what are vcu planning on doing? Isn't the lot one and two where the carwash is? Mr. Presno: That is right. Mr. Plummer: And what do plan on doing with this lot? Mr. Presno: I own the other on the north side, eight, nine and ter,. Mr. Pli:mmer: Where the blue is. Mr. Presno: Where the blue is, right. Mr. Plummer: Well, if you were to be successful here today on lot thirteen, what are ::our plans? Mr. Presno: No, I am on the north side. I own Riverside Auto Supplies cn the north side, next to the bridge. Mr. Plummer: Sir, my understanding is that you are asking that lot thirteen to be changed. Mr. Presno: 13, yes. Mr. Plummer: All right, sir, if you were to be successful on lot thirteen, what are your plans for that lot? Mr. Presno: Well, I am in the process of buying the other two lots too, eleven and twelve, and I am planning to build on the whole —the six blocks. Mayor Ferre: Six and seven he is going to buy. Mr. Plummer: What is it you are trying to build? Mr. Presno: Well, I own an auto supply across the street. Mr. Plummer: But the auto supply is across the street. Mr. Presno: Across the street, yes. Mr. Plummer: You own that property too? Mr. Presno: No, not the property. And I am planning to ... maybe I will bring some other business over there, not for myself, but, you know —on the other... on the green side and the south side is a Seven -Eleven Store. Mayor Ferre: All right, any other questions? All right, what is the will of this... Mr. Presno: When I came over here...I think the lots eleven and twelve should be painted green, because they are commercial too. Those are not residential. Mr. Plummer: They are green sir, if they are in favor of the change. With them not being painted either color, they are not expressing opinion one way or the other. Mayor Ferre: All right, any other questions? What is the will of this Commission? Mr. Plummer: I move this item be deferred until we can go look at it. Mayor Ferre: Is there a second? Mr. Dawkins: ;second. Mayer F'crrr: Further discussion? Call the roll. 1 ld JUL 28 QJ .42 ld THEREUPON, on motion duly made by Commissioner Plummer and seconded by Commissioner Dawkins, the City Commission DEFERRED CONSIDERATION OF THE ABOVE MATTER BY THE FOLLOWING VOTE: AYES: Commissicner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo 32. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION OF APPROXI:1ATELY 3620, 3636 N. W. 22 AVENUE FROM RG-2/4 to CG-1/7. Mayor Ferre: Is there anybody here on Item Number 9? All right, yes, sir? Mr. C. F. Alfonso: For the record, my name is C.F. Alfonso. I am a con- sulting engineer. My address is 17400 N. W. 17th Avenue and I am here representing the owners of Yellow Cab Taxi business. What else do you need? Mavor Ferre: All right, we will hear from the Administration on Item 9. Mr. Richard Whipple: Item Number 9 the Planning Department recommended denial of this item, again indicating that there is no need for additional commercial zoning in this area as indicated by the map. It should be noted that the northerly two lots are under separate ownership and not really a part of the operation as indicated by the Yellow Ca people. Substantially, commercial development in this area would have an adverse effect on the residential area. Proposed rezoning is not in accord with the comprehensive plan. We would like to suggest that pursuant to the Zoning Board's recommendation of approval, if the Commission sees fit to do likewise, that a requirement be requested that the entire area be substantially walled with proper vision clearance at driveways and things of that nature by which to screen an operation which is quite ... I don't want to say obnoxious, but out of char- acter, let's say, with the usual commercial development, and we feel that that at least should be screened, if the Commission sees fit to go ahead with the rezoning. Mayor Ferre: All right, we will now hear from the Applicant. Mr. Alfonso: The consideration given to the particular area - this is an area that is now being devoted to a business of taxis. These taxi business that has been developed in the area has about seventy automobiles that are being used for this particular business. It is a business area that across the street on the northeast side, you have a commercial business; on the southwest side, is also commercial business; and so the same on the southeast side that has a garage. In one you have a furniture business and in another one, a restaurant business and in the other one a garage. All that area of all those businesses that are marked in yellow, over there, are the ones that are being used for parking and to fix the automobiles in this business. One thousand familes are involved in this business, and therefore, we are now making commercial within the same business, because all these people are getting together to park the cars that are being used for this business. It is not an additional business or any other type of business. It is the same business that requires an area in order to facilitate the business of the Yellow Cab, that is being handled from that particular area. Being an R-3 is an area that cannot be used for that particular purpose, because the only Furpose that it *its is exactly what they are doing, and what they really want to do at this particular moment is to be able to put the business together with the parking facilities that they need for the business that they have been able to put together. . 43 JUL 28 1983 Si Mayor Ferre: All right - yes, sir? Mr. Gary: Mr. Mayor, you should take into consideration, we have talked about behind the property or east of the property on 22nd Court. He is correct in that regard, but on 22nd Avenue starting at Lot nineteen on the east side of 22nd Avenue, up to expressway is residential. Now, I don't know how the Citv Commission is going to vote, but obviously there needs to be some improvement to that lot. - Mayor Ferre: Okay. Mr. Alfonso: May I ask? I would appreciate if the Planning Department would have stated its opinion when they first decided and we visited them that it was worth while to look into the way we were seeing it. Mayor Ferre: All right, sir. Mr. Plummer: Sir, let me have... and I'm not saying the way I'm going to vote. But you know, across the street, I think it is on lot 2 and 1, there is a new business there. Mr. Alfonso: That's correct. Mr. Plummer: That business was very smart because they came here and said this area really needs fixing up; and we are going to dedicate X number of dollars if you let us build on that for that particular area to beautify that particular area. I haven't heard you say a word, I don't think at this time, about what you might or might not do if you were granted to upgrade the area. Mr. Alfonso: If what we are talking about is concerned, the business.... Mr. Plummer: I heard what you want to d•o with the business and I heard about what you want to do about your property. But you know, you cannot be a little island unto yourself. Mr. Alfonso: But first of all, I don't understand. If you are talking to me concerning the enhancement of the place as to the landscaping and in that order.... Mr. Plummer: That's in your property, right? Mr. Alfonso: Yes. So what we will be in a position, we are in a position of any additional requirement as to enhance the property for the appearance of the area, we would be very glad to. Is this correct? I;IAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Alfonso: Talking about enhancing the area.... Mr. Plummer: Yes. Mr. Alfonso: We will propose that we will furnish an area of landscaping along 22nd Avenue and around that corner there, that would satisfy the City itself. In other words, we do want to enhance the area. We are in agreement on that. We are in the best position of doing so. Mr. Plummer: Sir, I understand since you are volunteering to look into this matter, I think Mr. Perez would like to sit down with you, sir, and suggest a way that you write a volunteer covenant. Mr. Alfonso: We will do so, sir. Mr. Plummer: I'm sure you will, sir, because we are going to move your item aside for a few minutes to give that opportunity. As soon as you are finished you can come back. Mayor Ferre: We will be back on item 9 after you talk to Mr. Perez. AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED. 44 JUL 8 2 1983 33. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 330 S.W. 27TH AVE. FROM RG-1/3 TO RO-3/6. ;Mayor Ferre: Is there anybody here on item 10? Yes, sir, please step forward. From the Administration, Mr. Whipple. Application by Medical Buildings Dev- elopment Inc. to change zoning at 330 S.W. 27 Avenue. Mr. Richard Whipple: Mr. Mayor, if you will refer to your fact sheet, we don't ' have the map on the wall yet. Mayor Ferre: Recommended approval. Mr. Whipple: We recommended approval. This is a piece of land separated from the main site. We recommend the inclusion of this piece into the main parcel. Mr. Plummer: Are you the owner, sir, or the attorney? Mr. Benito Hernandez: No, I'm the owner. Mayor Ferre: Your name for the record. Mr. Plummer: Your name and address. Mr. Hernandez: Benito Hernandez, 330 S.W. 27th Avenue. Mr. Plummer: Sir, do you so stipulate everything here contained in your application is true and correct to the best of your knowledge? Mr. Hernandez: Yes, I do. Mayor Ferre: Are there any opponents or anybody who wishes to speak on this item? Is there a motion on item number 10? Mr. Plummer: I so move. Mayor Ferre: Is there a second. Mr. Perez: Second. Mayor Ferre: Further discussion? Read the ordinance. Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE MENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 330 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING ATLAS :MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE 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 Perez and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 45 JUL 2 8 1983 sl 6 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. r34. DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST FOR CHANGE OF ZOIiIJAG CLASSIFICATION LOCATED 185 S.E. 14TH STREET, AND 200 S.E. 14TK STREET FR02I RG-3/7 TO SPI-5. (See lable 41) Mayor Ferre: We are now on item number 11. Is there anybody here on item number 11? Mr. Gary: Mr. Mayor, if I could make a statement into the record. One of the applicants, one of the persons in this application of the five applicants that are here is a person that I'm on his board of another company. For the record, I just want to inform you that on no circumstances I have any input in the decision that's made on this particular item. Mayor Ferre: All right, sir, thank you. Now from the Administration, from staff, we'll hear the recommendation. Mr. Richard Whipple: Mr. Mayor, the department has recommended approval of part of this application, being lots 5, 6, and 7 with a denial on lot 4, which is the southerly lot. As the Commission may be aware, the northwesterly two lots, presently are a parking lot that isn't being utilized. The next lot is a residential project commonly referred to as the Babylon, which has a pyramid type shape. The fourth lot is the site of what is called the Commodore Club, a private club that was in operation at one time. Immediately south of that you have the Point View North apartment structure. In simple terms, we suggest the appropriateness of rezoning of the three lots in that these three lots face another future development, which is commonly referred to as the Helmsley property to the north and northeast. The fourth lot is the first lot that has a waterfront view in part, sort of distinguishes this lot from the other three lots. We feel there is a substantial importance to maintain the residential character of this Point View area from lot four on south and around. That's why we have excluded that from consideration. It will be proffered, I believe, before you today that the Babylon structure will remain as it is-� will be used for a mixed use combination residential and office. Between that profer and the retaining of lot four, this provides a buffer area from the intensity of the SPI-5 two lots and the existing residential development to the south. So on that basis, we recommended approval of this item. Mr. George Campbell: Mr. Mayor, if I may, for the record, I'm George Campbell, representing the Department of Public Works. We have in this area been concerned for some time with the situation in the sanitary sewers. There is in the semi- circular area there, there is an intercepter main, which serves the area south of 15th Road as well. We have done our homework, our calculations, and so on. It is our understanding and our belief, anyway, this is seriously...I won't say overloaded, but it's getting pretty full. We have contacted the Department of Water and Sewers requesting them to do some research as to the in -fact situation on that sewer plus their purdp station which is further down the stream. Our consideration is that with this SPI district, and if this spreads further south along Bayshore or along Brickell, that it would have a severe effect on the sanitary capabilities in there. We also are a little concerned about the traffic situation in there. Without being able to develop full numbers concerning the size of the buildings and so on, the amount of parking, the amount of traffic, we have concerns on the traffic along on 14th Street and up through the Bayshore and the Brickell area in general. s1 .46 JUL 28 1983 0 4 1 Mr. Robert H. Traurig: Mr. Mayor, my name is Robert H. Traurig. I'm an attorney with offices at 1401 Brickell Avenue. I represent the applicants, and particularly the applicant on lot number 5, which Mr. Whipple referred to specifically as the parcel on which the Babylon is located. I want to spend most of my time talking about that, because it's that particular parcel that I think requires the greatest explanation. I think, though, first I ought to address the issues which Mr. Campbell raised and merely point out to you that the properties that we are talking about are not on Bayshore Drive. They are on 14th Street, which is a street which is presently an SPI-5 street and it is cattycorner from the property, which will be the Helmsley property on the north side of 14th Street. Therefore, the comments which he made with regard to Bayshore Drive are really not applicable to this hearing. He talks about the sewer situation there. He also talked about what would happen if there is a proliferation and there is a spread of SPI-5 on Bayshore. I'd like to show you two aerial photographs so that you can see where we are and why that situation could not develop. This is the semi -circle or crescent, which is the area which formerly was R-5, which is the Point View area. You will note that it is totally developed and therefore, there will be no extension of any SPI-5 in this area, which is and should remain an outstanding residential area. The property that we are talking about are on 14th Street being the south side of 14th Street and you will note that they are from this point westward and consequently are not even within the area which is the R-5 multi -family area that fronts on the Bay. The property which is the subject of this hearing is currently zoned RG-3/7, ari it was formerly zoned R-5. It consists of these parcels, the old Commodore Club the Babylon apartments, and these undeveloped parcels. You can see that they really.... Mayor Ferre: The Babylon is the one.... Mr. Traurig: The Babylon is this building which is presently constructed as an apartment house, but it is presently unoccupied. Mayor Ferre: What building is that one under construction right cattycornered? Mr. Traurig: This? It's just a parking lot. Mayor Ferre: That's a parking lot? Oh, I see. Mr. Traurig: What you see here is just some sand that was placed on this property to compact the soil. That will ultimately be a part of the development which fronts on Brickell Avenue, which is a bank building. Mayor Ferre: I see, O.K. Mr. Traurig: So we think that the existence of this RG-3/7 or formely R-5 is really an anomaly because we basically are on 14th Street facing all this SPI-5 on the north side of 14th Street and the properties to the west of us are SPI-5. The properties northeasterly of us are SPI-5. Basically we back up to the deck of a parking lot. We've asked this Commission to consider the rezoning of the property to SPI-5 because we think it would be consistent. SPI-5, as you know permits apartments just as the R-5 did and the existing zoning classification does. But in addition it permits offices. Our position has been that the Babylon building is presently not suitable for residential use primarily, but ought to be used partially for residential and partially for banking and commercial and office operations in view of the fact that there is a maxim la planning and in zoning and that is that like uses should face similar uses. So consequently, since we face SPI-5 and we back up to SPI-5 on a portion of this and we are to the east of SPI-5, we think that SPI-5 ought to be the zoning classification for this property, and the Planning Department has concurred with us. But we would like you to know that we want the City to have adequate protection, that we will not tear down the Babylon and build a major structure on that site, which would be detrimental to the peace and the welfare of the people who live in this Point View area. So we have prepared and have had executed a covenant, and I would only like to read two paragraphs from it. One reads, this relates to lot five, block two, which is the Babylon parcel: sl Amu J U L 2 81983 Mr. Traurig (CON'T): "Unless approval of other action is granted by the City of Miami Commission, (this Commission), as a result of public hearing, the building presently existing _ on the above described property shall be preserved and shall not be structurally modified, except as is necessary both internally and externally to convert such structure into a building with a combination of office and residential uses or to improve the landscaping or parking thereon." And paragraph two reads: "The building may only be used for banking,office and residential purposes; except that the top floor shall contain residential uses only. That is consistent with the policy that this Commission has had in trying to encourage residential in districts that are in close proximity to the downtown area. We think that this does satisfy that City policy. We would call to your attention also that SPI-5 has a number of controls which I think will protect this City. We have mandatory amenity requirements. We have the requirement of the review by the Urban Development Review Board. When there is a large project that ought to be studied for its impact on the infrastructure of the City, we have the special major use permit, which requires that it be reviewed by all of the City departments and brought to the Planning Advisory Board and brought to this City Commission for an analysis of the impacts of that development. So we think that you have the kind of controls that you should have. The retention of the Babylon on its present form, however, assures you a low profile building. It will not be an intrusion into a similar low profile area because it exists and it is already consistent and it conforms to the basic street scape ir, this particular area. We urge, therefore, that you support your Planning Department and that you approve this application for SPI-5 subject, however, to our submission of these restrictive covenants, which will control the use of the critical parcel on this property. Thank you. Mayor Ferre: Are there members of the public who wish to be heard on this? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Traurig: It would be an imposition to ask everyone to speak, but I would ask all those who are here to support the application to indicate to you that they do support it. Mayor Ferre: Those of you who are in support of the application, please stand so we can have that on the record. Mr. Traurig: Thank you very much. Mayor Ferre: Now we will hear from Ms. Cooper. Ms. Janet Cooper: Thank you. For the record, my name is Janet Cooper, with law offices at 169 E. Flagler Street. I'm here today to represent a number of individuals and the Point View Association, which I'm sure all of you are aware is a very active association in the City of Miami. It has been for many years. Some of the individuals I represent are Dr. and Mrs. Phillip Galitz, 1430 South Bayshore Drive; Bernard Kopel, 1450 South Bayshore Drive; Juliet Hananian, M.D., 1450 South Bayshore Drive; Ruth Elsasser.... Mayor Ferre: Mrs. Cooper, I'll tell you, the Chair will accept your submitting all of the names. I'm sure it is a very long list, rather than taking the time to read them all. Ms. Cooper: Not very, but I will submit it in writing. Thank you. All these people live on the semi -circle of South Bayshore Drive, which is commonly called the Point View area and which has a substantial interest in what occurs on this property. I will explain further the reasons why their interest is so important in this manner. I would like to point out also that Point View Association is composed of six buildings containing approximately 1,000 dwelling units. Four of those buildings have turned in petitions. We believe there are others around, but so far, we are going to submit ten sheets of petitions containing 246 signatures. These were acumulated within the last few days. We would point out to you that many of the people who would have signed additionally are out or town because it is the summer. 51 JUL 28 1983 0 a Mayor Ferre: May I see a copy of that? Ms. Cooper: Most certainly. Mayor Ferre: Just give me one, Janet. Just for the record, let's read it into the record: "We the undersigned are all owners and residents of condominiums in Costa Bella, 1450 South Bayshore, Miami, Florida 33131. We are opposed to the zoning change from residential to office commercial requested for lots 4, 5, 6, 7, 8, and 30 in the Point View area. This pertains to the hearing scheduled before the Miami City Com- mission for July 28, 1983. This requested change was turned down by the Zoning Board on July llth." There is a similar motion for the Brickell Bay Tower. There is one from the Bayshore Cooperative Inc. There is one for Bayshore Place, 1450 South Bayshore Drive and 1420 South Bayshore Drive. !hey all read the same. Ms. Cooper: I will submit them to the Clerk. Mayor Ferre: I will give them to the Clerk. Ms. Cooper: We have taken the suggestion that you have offered many times and have asked to have ... we have a number of people here, Mr. Mayor, who wanted to speak to you; but I have prevailed upon them that we should only have two or three speakers in addition to myself. We are going to keep it relatively brief. At this point, however, I would like to introduce the acting President of the Point View Association to briefly tell you their position, Bernard Kopel. Mayor Ferre: Janet, I'll recognize Mr. Kopel in a second, but let me ask you a question. I'm a little confused, but it is my understanding looking at this that the Planning Department recommended the approval for lots 5, 6, and 7 and the denial for lot 4. Ms. Cooper: Yes, that's this time. Mayor Ferre: As I read that ... what? Ms. Cooper: That's at this time. Mayor Ferre: Yes. Ms. Cooper: Their previous recommendation was for denial of the entire application. Mayor Ferre: But you are here on denial for the whole application. Ms. Cooper: Yes. Mayor Ferre: So in other words, you and the people you represent are not here in approval of 5, 6, and 7 and denial of 4, but rather denial of all. Ms. Cooper: Exactly. Mayor Ferre: O.K., thank you; and that's all the people that are here and all the people that signed that petition. Ms. Cooper: Yes, and many more that couldn't be here because it's before 5:00 and they are at work. I have heard a lot with that comment. Perhaps you remember Kenneth Burger, who has been before you many times. Mayor Ferre: Yes. Ms. Cooper: He's not here because he's rather seriously ill, so we have Bernard Kopel, the acting president. Mayor, Ferre: Mr. Kopel. S 1 . 49 J U L 28 1983 0 16 sl Mr. Bernard Kopel: I'm Bernard Kopel. I live at 1450 South Bayshore Drive. I'm the acting president of the Point View Association. My only comment is that the Point View Association unanimously recommends keeping the zoning as it is, fully residential. Thank you. Ms. Cooper: At this point I would like to ask all the people who were able to get here today from Point View Association and who are in opposition to this petition to rezoning to please stand so that the Commission can see those of you who are here. There's a few back here you don't want to miss. Mayor Ferre: Thank you, ladies and gentlemen. Ms. Cooper: There are many reasons why Point View is very special and why this change will adversely affect that very special and self contained area. I'm going to go into them rather briefly, so that it won't become tedious. Basically, the atmosphere that is created by an office building, by a bank, which will be at least partly retail in its nature with tellers and people coming and going is not conducive to maintaining the very stable and long- term residential neighborhood, such as Point View. Introducing commercial, and banking, and offices, as Mr. Traurig suggests, into this area would generate a lot of foot traffic, a lot of automobile traffic, and truck traffic to bring supplies, Brink trucks to bring money, that kind of thing, pick up money. There will be a parking problem. Mr. Traurig told you that what's permitted in SPI-5 is offices. I'd like to let you know of some of the other things that are permitted in SPI-5: service establishments including photographic studios; barber and beauty shops; tailoring, dressmaking, millinery shops, except for products that are for off -premiss sale; duplication centers; laundry and dry cleaning agencies; ticket and travel agencies; retail establish- ments for the sale of groceries; wearing apparel; photographic and hobby supplies; antique, toys, sundries; bookstores open to the general public; music stores; florists; delicatessens; meat markets; bakers; confectioneries; ice-cream store;; drug stores; gift shops; hardware stores; variety stores; stores for television, radio, and other electronic appliances; jewelry stores; art stores; package liquor stores; shoe repair; tailoring... some of these are duplications because it refers to another district...also drive-in facilities of financial institutions with a special permit. These are the type of uses that are being recommended and suggested and applied for as entering this long term, stable, residential neighborhood that has been a very good citizen in the City of Miami, as you will hear from our other speaker today. In addition you should be aware, as I'm sure you are, but you should take it seriously into consideration that SPI-5 is in the process of undergoing substantial changes in the size and character of what the zoning district will allow. It may not be appropriate, while SPI-5 is in the midst of those changes, to talk about rezoning any property into it at all, let alone in a residential neighborhood. In addition I should point out, using the old terminology, because it's much easier to understand. Whereas the R-5 allowed approximately 1.5 and the current zoning RG-3/7 allows approximately a 1.72, SPI-5 today allows approximately a 6.5 F.A.R. and we are talking about substantially increasing it. There is a request before you to increase it by some 50%. This alone makes it totally unsuitable for application in a residential neighborhood. I'd like to briefly point out to you, as you've heard, the recommendations of your various depart- ments. First of all, I'd just like to emphasize Mr. Campbell's statements about the sewer problems and the traffic problems. I'd like to expand a little on the traffic problems, because we see that as being one of the major problems in this area, which already suffers, as you remember hearing from people in Point View, from some traffic due to the very beautiful nature of the area and people being attracted to it for that reason. We think that because of the substantial development that is going to go on north of 14th Street on South Bayshore Drive, that a lot of traffic is going to be coming south in order to avoid the 8th Street problem. We think that when they are faced with driving up 14th Street to get to Brickell Avenue, 14th Street already is terribly congested, that many of them will take the route of less resistance, going along South Bayshore Drive. I'm going to point that out with my pen on this overhead projector. They are going to go along South Bayshore Drive and create a tremendous traffic problem in the afternoons especially. Also people coming from the south will find it much more convenient to use the reverse route that I just pointed out to get to the buildings. This will be a severe hardship on the area caused by making this area SPI-5. . 50 JUL 2 8 1983 0 a Ms. Cooper (CON'T): I'd also like to point out, and Mr. Campbell will confirm I believe, that his predictions of a disaster ... I should read to you what Mr. Campbell said to the Zoning Board, because I believe his language was a little more strong. He said that there would be a significant increase in traffic. He said that as far as the sewer goes, that it would have a detrimental effect, definitely an overloading effect on the sewers. He pointed out to you that the main ones along South Bayshore Drive, because you remember that street has recently been rebuilt at great expense to the City. To have to tear it up to replace the sewer to increase the size of the sewers would be a tremendous waste. Now the Planning Department originally, when this application first came before the Zoning Board in November or December of last year, recommended denial. They had some very good reasons for recommending denial, which I would like to read to you. They are in the record, but I would like to read it to you. "One, the change would constitute an encroachment into the stable, high density, multiple, residential area, creating a presedent for further rezoning. Two, the change would be in conflict with adopted comprehensive plans for the Brickell area. The neighborhood com- prehensive plan has this property clearly set out for strictly residential. I would like to incorporate that plan into the record. Number three, the change will adversely influence living conditions in the residential neighborhood, since the intensity of development is higher and the traffic congestion will increase even more along 14th Street." This is the reason why you have so many people here today and so many people who signed petitions in opposition to this change. The fourth reason was that the change was out of scale with the needs of the neighborhoods in the City, since there is sufficient land all along Brickell Avenue already zoned what was then RCB now SPI-5. Your Planning Director has said that there is so much and the impact is so great that he is recommending for the next six months that nothing be done in SPI-5 and no property be rezoned SPI-5 because we need to have an investigation and a study into just what this is going to do to traffic and otherwise. As I understand it, the only reason why the Planning Department has now recommended approval is because it was explained to them that like zoning should face like zoning. It is very nice to say that principle is valid, but I think that most of you remember that principle was very soundly defeated in the Allapattah Community Association vs. City of Miami case, which the opinion, I should emphasize, was written by now Chief Judge Alan Schwartz. It was a very strong opinion. Some of the considerations that the court mentioned in Allapattah are that there is already ample property in the area for the proposed changed district, which is SPI-5. That it is not consistent with the current use. The current use of the Commodore Club is residential. The current use of the Babylon is residential; and the current use of all the property surroundigg it is residential. Across the street is something else, but that is.... Mayor Ferre: Janet, how much longer do you need' Ms. Cooper: Not much longer. That is exactly the principle that the Allapattah case decided, most emphatically, that it is entirely appropriate for this street to provide the dividing line between two districts. It said that the street provides a much better buffer than a set back, or a landscaping, or even a building that is half and half. The people are very concerned about the traffic that a bank in Babylon would generate, and especially any commercial or office use in the Commodore Club, especially because the Commodore Club faces right on South Bayshore and would necessarily increase the traffic on South Bayshore. Lastly, I'm not going to read it to you, but I'm going to point out that there are standards to be considered in change of zoning. They are listed A to P. Of all those, there are only two that could possibly be said to speak in favor of the change and all the rest speak against it. Many of the considerations I have already mentioned that it is contrary to establish land use. The change is out of scale with the needs. It would materially alter the population and density pattern and overload the public facilities. It would adversely influence living conditions and so forth. There are others. I'm going to.close, however, with asking Mr. Korach to speak to you. He's been a long time resident of the Point View area. He is an architect and will give you some of his professional opinions. I have asked him to cut his comments down from 15 minutes to as close to 3 to 4 minutes as possible. So please indulge him on that. Thank you. JUL 2 8 1988 sl 51 0 Mayor Ferre: Mr. Korach. Mr. Irvin Korach: Mr. Mayor and Commissioners, my name is Irvin Korach living at 1430 Southeast Bayshore Drive. I am an architect; established a partnership in this practice 45 years this month. I have been here continuously, except for the four years of service in the Navy during World War II. I say this only to give you my background and why I live in Point View. I moved in there when the Point View apartments were four days old, that is in December 1961. Since that time it has grown into a lovely area that you now see it. Our whole group, as it grew, became more and more concerned with the Point View area to keep it something that we could all be proud of. Now on the second of February in 1970, two developers came in front of the Commission and Mayor Ferre at that time was a Commissioner. They asked for the same kind of variance and on the 17th of February, it was turned down, denied. We felt that was the start of what might happen. Some of it has happened. In 1971 the Brickell North Development Plan came into existence. We all thought that was very wonderful because it made sense to all of us and established the residential haven, which on the map has been established, as you know, up 14th Street across, including the half circle. The Point View people continued our effort to retain the character. We fought variances, set backs, F.A.R. We felt, and I think you will agree, that the buildings are in character with the area, not tall, expansive, like north Brickell has had, where they belong. We feel the other way is definite. On June 1969, the Commission asked us to dedicate our out lots, which extend to the dotted line you see there, meeting at a point about opposite of point view. Two days later, our building, which was the only one there at the time, immediately complied. They were later complied with the others and the final aquisition by the City was in March -April of '78. We supported the City's request of the Governor to be able to get this and get this project done. We were very disappointed that those vis of water were not done as was proposed to us. We lost a lot of additional City parking. We lost the ability to close in what has been a very bad situation with the garbage and trash at Biscayne Bay going into these vis. We also fought when Brickell Harbor attempted a land fill going out to the sea for the same reason. We don't oppose everything. I may have given you that idea; but we did not in any way represent or oppose item 16 on your agenda today. We feel that made sense looking at the overall neighborhood that our parking lots which are in the rear would be.facing to the building that might go on those lots, which would be commercial. However, I do say that the question that was brought up, I believe, by Mr. Whipple of the lots of 14th Street should face the Helmsley development. If I am not mistaken, I have not seen Mr. Helmsley's plans. I would think that the south exposure, the east exposure is where is where his apartments would be, directly opposite these lots in question. Also the fact that they don't face water, I think is belied by the fact that, I think that it's Brickell Tower East is now a 27 story building, which is nearly complete of luxury apartments, and they are up on 15th Road, close to Brickell Avenue. We feel that, just as a wrap up, that we are the only water front park, actually, in Miami that you can drive within that close proximity, which is just a few feet to a bulk head and see the beautiful bay. Mayor Ferre came down at the dedication of the new road and landscaping. We are very, very proud of it. We think you should be too. We want to keep that the way it was originally planned as a wrap around on 14th Street. Thank you, gentlemen. Mayor Ferre: Thank you, Mr. Korach. Ms. Cooper: The last thing I want to do is ask the people who are here from Point View if, had they testified, they would have said things that I said and Mr. Korach said, if you just all say yes to indicate that you would have. SOME MEMBERS OF THE AUDIENCE SAID YES. Mayor Ferre: Thank you. Mr. Robert Traurig: Thank you, Mr. Mayor. I'll try to abreviate my presentation because I know that time is short. But I have to rebut these allegations and I will do it very quickly. Mayor Ferre: I will give you equal time. 52 'J u L 2 81983 sl • a Mr. Traurig: I think that all these nice people who have signs that say: "Keep P.V. residential" are right. I had an uncle and aunt who lived in the same building that Mr. Korach lives in. It's a beautiful neighborhood. I agree that neighborhood ought to be kept in its pure residential situation. But what we have to do is to distinguish between neighborhoods. I think it is very important for you to understand that we are talking about two distinct neighborhoods. The neighborhood about which they speak is the neighborhood that is on the water that is represented by this bay -sea wall, and that's not our neighborhood. We're on 14th Street. We are not intruding into their neighborhood. I think it is very important to maintain that distinction. Janet talked about a number of things. She talked about o«r tellers and how that will induce a lot of traffic. We won't have drive-in traffic. We will not have drive-in tellers. This is going to be a sophisticated inter- national bank which will have some tellers on the second floor to deal with some specific transactions. But we will not have the kind of commercial banking operation that she is decribing to you. She talks about how SPI-5 is broad and that we could have a detrimental effect over the character of this neighborhood. We have limited our uses. We have said to you we will have residential. We will have banking, and we will have some offices. We will not have other commercial uses within this property. She talks about traffic. We're on 14th Street. We are not on Bayshore. We will not induce traffic to Bayshore. She talks about the change in the recommendations. I think it is very important to understand that we have submitted a new declaration of restrictive covenants limiting the uses. That was not before the Planning Department wrote its initial recommendation. Furthermore, the Planning Department has said, "We, ourselves, recognize that there are differences here." We ask you to deny application number 4, that's lot number 4; and that lot number 5 be limited as per the declaration of the restrictive covenants. So, basically what they are saying is we recognize that 14th Street is different from Bayshore Drive and we urge you to make your action accordingly. When Janet talks about Allapattah, let me point out to you that this is a lateral extension of an existing district. We are not asking you to jump across the street, as Allapattah did. We are asking you merely to extend the existing district, which is totally compatible with all the other properties that surround it. She talks about the standards; that it is contrary to the neighborhood patterns. It isn't contrary to the neighborhood patterns. If you look at the neighborhood, the neighborhood on 14th Street, the office buildings to the west, the SPI-5 immediately to the north, the SPI-5 to the northeast and so forth. We are not out of scale with the neighborhood, because we're retaining the existing structure. We're not increasing the density within the neighborhood. I would call to your attention that there is a natural concern over a proliferation of SPI-5 into a district such as the old R-5, where they live. But we are not extending into their district. We are merely extending what is a logical extension of the existing SPI-5. It is no t incompatible development. It is not an encroachment into residential. We orient towards 14th Street. They orient towards the bay. Furhtermore, Janet called to your attention that little property that runs between 14th Terrace and 14th Lane, just to the west of where Point View is located. That is on your agenda as item number 16, merely to change the zoning designation that where you granted the RCB several months ago, a year ago, and all that you are asked to do today is to apply the new designation, the new classification from the new zoning code to that property. But that proves a point; that you have already extended the zoning to a line which is equal to a line of our property. So we ask you to recognize that they have a high class living environment on Bayshore. We do not intend to disturb that living environment, which orients toward the bay. We are not changing the size, the scale, the uses of the property in the area. We will restrict in accordance with the declaration of restrictive covenants that I have already given to your staff. We urge you to support your Planning Department. Thank you. Mayor Ferre: Thank you. Rebuttal, quickly. Mr. Plummer: Wait a minute. Let me ask a question. Mr. Traurig. Mr. Traurig: Yes, Mr. Hadley wanted to ask me a question. sl 53 J U L 2 8 1983 Mr. Plummer: Did I understand you when you said to support the Planning? That is to deny 4 and approve the rest? Because I think that's their recom- mendation? Mr. Whipple, is that correct? Mr. Whipple: Correct, sir. Mr. Plummer: I heard you say to support them. Mr. Traurig: I am primarily interested in five. My clients are the owners of lot number 5. We have included within the application the properties of other property owners. We need to have 200 feet in order to file a zoning application. They authorized the filing for all those lots. We as", you to rezone 5 in accordance with the staff recommendations and to use your best judgement as to what the zoning classification should be on the other lots. Mayor Ferre: Let me understand this right. You client only owns lot 5. Mr. Traurig: Lot number 5, yes, sir, Mr. Corona, who is here. Mayor Ferre: Your client does not own lot 4, 6, 7, or 8. Mr. Traurig: That's correct, sir. Mr. Plummer: Or the back lot, 30. Mayor Ferre: Or 30, they are here on this application because to comply with the law, you have to have 200 feet. Mr. Traurig: Yes, sir. Mayor Ferre: Go ahead. Mr. Plummer: Excuse me, let me ask another question. Are the owners or representatives here of lot 4, 6, 7, 8, or 30? Mr. Traurig: Is Mr. Bliss here? Mr. Alan Bliss is the owner of 4, which is the Commodore. I asked him specifically to use his own counsel, or to appear personally to talk about the Commodore Club. He was at the Zoning Board hearing. I obviously don't see the owners of lots 6, 7, and 8 present. They, through the Keyes Company, submitted the application with us. We have not had direct contact with them in the recent weeks. Ms. Cooper: First of all, almost everything that Mr. Traurig told you about how it is not going to be so bad applies only to lot 5, which he has told you lie represents pretty much exclusively. There is a significant difference between lot 5 and any of the other properties. What he is asking for will give the benefits to all the other properties just as well as lot 5. You cannot make your decision on this entire application based upon the presentation centered on lot 5. Mr. Traurig told you that his client owns only lot 5. Yet, in examining the application and the file that Perez-Lugones keeps last month, a certificate of ownership in compliance with the City's law indicates that his client owns lots 4 and 5. I don't know what the problem is; why that discrepancy, but I believe dated June loth that the affidavit of ownership indicated both 4 and 5. Interestingly enough, the ownership of some of the other lots as well are a different company name, but they are in care of the same person at the same address. We have a rather large parcel, when you consider 6, 7, 8, and 30. The potential for a building built to the specifications of even the current SPI-5, let alone what it may turn out to be are enormous. To say that the traffic will not go on Bayshore Drive is a dream.your professional Public Works Department has given you expert testimony that it will significantly increase the traffic, even with SPI-5 as it stands today. Mr. Traurig says that what they are proposing is not out of scale. If a 6.5 or a larger building is not out of scale with buildings that are 1.5 or under, I don't know what out of scale means. He also said the Babylon orientstowards 14th Street and not toward the bay. Well, I don't know how many of you have actually been there. This property was purchased as residential property. It was developed as residential property. It was designed to orient towards the bay. The front of the building faces the bay. It is the back doors and the garbage area that face 14th Street. I was informed today and believe it because I have seen s 1 �� J U L 2 8 1983 Ms. Cooper (CON'T): the building many times, that over 50 windows, including most of them being large sliding glass doors, face directly on to the bay. Babylon does not orient on 14th Street. They may have their frontage on 14th Street, but the property orients towards the bay. When it was constructed and as it stands at this moment, it orients towards the bay and it is part of this district, which was intended not to go only where the boundary is today, but farther up towards Brickell Avenue. We would suggest that because of the current and the potential traffic on 14th Street that the absolute ten- dency will be for people to turn on to South Bayshore to use that for traffic. We would insist on a traffic study, perhaps, to study that with you. Mayor Ferre: Questions from the Commission. Dr. Jane Theede: Dr. Theede, 150 S.W. ith Street, Miami, Florida. I think that in all the discussion there is a very important issue that Mr. Traurig failed to address. This is the impact of the inadequate utilities. In coming to the Commission meetings, I think you all have unanimously discussed off and on the record that any development that would have a large impact, the person that did the development would have to bear the cost of whatever sewage, telephone lines, cable lines, or whatever had to go in. As Ms. Cooper had brought out, the City and the taxpayers of Miami have just spent a large amount of money redoing South Bayshore Drive. To bring this building in, if you listen to your own departments, this means new sewage will have to go there. This means that you will have to undo millions of dollars that have already been done. I think on the issue of sewage, inadequate sewage and proper sewage alone, even if you ignore the aesthetics, which you know, I do not approve of doing, the City of Miami is justified in turning these people down simply on a cost basis. I do not see why the citizens, the taxpayers of Miami should be forced to pay additional tax money for improvement of the property for a few people to develop something that is improper in this area. Mayor Ferre: Thank you, Dr. Theede. INAUDIBLE BACKGROUND C01%1MENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Alan Bliss: I'm sorry to be late. I was here at 11:00 this morning, when I thought it was coming on the agenda. My na:ie is Alan Bliss. I reside at.... Mr. Plummer: Wait a minute. Let me get the record clear. Mr. Traurig, come forward. Let's get the record clear, because I don't want any technicalities coming out of the window. According to this application filed, I asume by you or your clients, it says here that the lots of 4 and 5 are Cucusa, Inc., sole shareholder Ray Carone, President. I'm only asking this for the record. because Mr. Bliss who I know was the Commodore Club is standing there indicating that he is the owner. Let's get the record clear. Mr. Traurig: That does require an explanation. At the time the application was filed, Mr. Cucusa, Inc. was the owner. A law suit was then being considered by the court. As a result of the law suit, Mr. Bliss is presently the owner. So therefore, the application was correct and it is also correct that at this moment Mr. Bliss is the owner. Mr. Plummer: All right, let me try to short circuit you, because what I'm hearing in my left ear I don't think you all are going to be happy with, but he's the lawyer. Mr. Jose Garcia -Pedrosa, sir. Mr. Garcia -Pedrosa: I was just stating, Mr. Vice Mayor, that the disclosure of ownership form that you have before you, which by both resolution and ordinance of this Commission, is a pre -requisite to your voting on the matter, does not show that latest change that Mr. Traurig is now advising you of. Mr. Traurig: There is no requirement if title changes between the date of the filing of the application and the date of the hearing to file a new ownership affidavit. The title was vested to Cucusa, Inc. at the time of the filing of the application. That application was properly filed. It was subsequent to that that a court order vested title in Mr. Bliss. sl 55 J U l 2 81983 Mr. Garcia -Pedrosa: O.K., if this was correct at the time it was filed, then I stand corrected. Mr. Plummer: I tell you what, in courtesy to you, I'm going to let it proceed. Mr. Pedrosa, let me tell you something, sir, if what you are telling me is correct, that motion or that policy which is now before this Commission to have full disclosure so this Commission knows who the owners are when we vote, this as you have just indicated is completely circumventing what we, the Commission, tried to accomplish by knowing full well, when we sit here at the time of voting. Bob, you remember when we argued this, at the time of voting, who the owners are. I'll argue the point later. I'm not trying to make an example out of you. But it surely is not the intent that we thought, or I thought, we were trying to accomplish. Mr. Dawkins: Mr. Pedrosa. Mr. Plummer: For the record, you have stated, Mr. Bliss, that this is now presently today in your name, in your ownership. ;!r. Bliss: In mine, yes, sir. Mr. Plummer: All right, for the record, the record is clear at this particular point. Mr. Dawkins: Mr. Pedrosa, as you know, I sat here for long and agonized over the Jacarol Bay. Each time we came before you, this Commission, you ruled that they did not show you, us the proper ownership at that time. Now you tell me that the documents which they showed us, which show the ownership at the time they owned the place was correct, but we sat here in error and did not hear them. If I am correct, tell me so. Mr. Garcia -Pedrosa: Commissioner, we are getting from the Clerk's office the copy of the ordinance. Mr. Dawkins: No, no, no! The ordinance does not worry me, Mr. Pedrosa. What worries me is what we have done. I know what we did. You know what we did with the Jacarol Bay. We dragged it out. Mr. Plummer: No, no, no, please, don't say we. It was drug out. Mr. Dawkins: O.K., it was drug out, O.K., no difference. Mr. Garcia -Pedrosa: Commissioner, let me explain that with Jacarol what happened, as you recall, was.... Mr. Plummer: Please don't remind me. Mr. Garcia -Pedrosa: ....that the applicant's counsel indicated to you, after some investigation was made by outside sources that there had been an error and that the person shown as the owner was not in fact the owner and hadn't been the owner. Mr. Dawkins: But at the time of the application, it was the owner. Mr. Garcia -Pedrosa: That's true, but.... Mr. Dawkins: Well then, at the time of this application, this gentleman was not the owner. You see, so, all I want to point out is the same thing that I said up here every day, the inconsistencies of this Commission! That's all I'm saying. Mr. Plummer: Let me state for the record, because I want to tell you, Ray Bliss I have known back before Commodore Club came into existence. I know that he was legally the owner of the property in the old days. He is stating that he once again by a court action, Mr. Traurig is saying, is again the owner. There is no wool being pulled over my eyes as to who is the rightful owner. Mayor Ferre: Are we ready to proceed or are we going to.... . 56 JUL 26 1983 sl Mr. Plummer: According to the City Attorney, are you saying we can proceed or we cannot? Can we vote or we cannot? Mr. Garcia -Pedrosa: I'd like to answer, Mr. Vice Mayor, Commissioner Dawkins' question with the ordinance at hand. If you can wait until we get the ordinance from the Clerk's office, that's really what we need to make sure. AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED. 35. PROVIDE FOR ISSUANCE OF $16,000,000 IN OFF-STREET PARKING SYSTE?S R:.V LI,- E 30NDS . Mayor Ferre: All right, in the meantime, if you will sit down, maybe we can get item 77 through here. Mr. Plummer: Mr. Mayor, I have had the opportunity. I was the one who asked that it be held up on the Off -Street Parking Authority. As long as this motion of item 77 is bound by the second document, the indenture which they showed me, which fully outlines what is the purposes of those monies, I so move, together coupled with the fact that we are now going to have weekly reports from the Executive Director about any and all things that Authority did for the past week, I will move item 77. Mayor Ferre: Is there a second on item 77? Seconded by Commissioner Perez. Further discussion of item 77? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-690 A RESOLUTION PROVIDING FOR THE ISSUANCE OF AND FIXING AND DETERMINING THE DATE, PRINCIPAL AMOUNT, MATURITIES, INTEREST RATES AND REDEMPTION PROVISIONS OF PARKING SYSTEM REVENUE BONDS, SERIES 1983, OF THE CITY OF MIAMI, FLORIDA, AUTHORIZED IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $16,000,000 PURSUANT TO ORDINANCE NO. 9618, DULY ENACTED BY THE CITY COMMISSION OF THE CITY OF MIAMI ON MAY 31, 1983; PROVIDING FOR THE DETERMINATION OF AMORTIZATION REQUIREMENTS OF ANY TERM BONDS; DESIGNATING THE TRUSTEE, PAYING AGENT AND ESCROW AGENT FOR THE SERIES 1983 BONDS; AUTHORIZING OFFICERS OF THE CITY TO OBTAIN INSURANCE FOR THE SERIES 1983 BONDS; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SAID BONDS; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A PURCHASE CONTRACT FOR SAID BONDS; AWARDING THE SERIES 1983 BONDS; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW AGREEMENTS, BETWEEN THE CITY AND ONE OR MORE ESCROW AGENTS; APPROVING AND RATIFYING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SAID BONDS; AUTHORIZING THE EXECUTION, DELIVERY AND DISTRIBUTION OF A FINAL OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF CLOSING DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). sl .57 JUL 28 1983 Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ------------------------------------------------------------------------ NOTE FOR THE RECORD: Mayor Ferre acknowledged and thanked Ron Silver for his efforts on behalf of the people of Miami with the Florida Dade County Delegation in the Legislature. ------------------------------------------------------------------------ 36. SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION 4226 N.W. 7TH STREET FROM RG-2/4 TO CR-2/7. Mayor Ferre: Take up item 2. I think the gentleman of item 2 is here, but evidently didn't hear what we were saying. We are on item number 2 now on the agenda. This is an ordinance on second reading, a change of zoning for 4226-4368 N.W. 7th Street from RG-2/4 to CR-2/7. It was passed on first reading at the June 15th Commission meeting. Do you have anything to say on this? Mr. McManus: No, sir, the department recommended this area changed. Mayor Ferre: Recommended in favor of the change? Mr. McManus: Yes, sir. Mavor Ferre: Is there anybody who wishes to speak to item 2? Your name and address for the record, sir. Mr. Frank Pohlig: My name is Frank Pohlig. I'm an attorney representing the owners of these lots. My office address is suite 240, 2121 Ponce de Leon Boulevard in Coral Gables. Mayor Ferre: Is there any discussion on item number 2? Is there a motion? Mr. Plummer: Just to refresh my memory, what is proposed to be put there? Mr. Pohlig: It's a change in zoning. The reason for it is to be consistent with the new zoning ordinances of the City. The entire area around this property is of one form or another of commercial. Mr. Plummer: Sir, my specific question: what is proposed to be on this property? Mr. Pohlig: At the present time, there are no plans to demolish the existing duplexes. Mr. Plummer: This is on the north side of the street? Mr. Pohlig: No, sir, this is on the south side of 7th Street. Mr. Plummer: Across from the new bank? s l a8 J U L 2 8 1983 Mr. Pohlig: There is a new bank building going up on the corner. There is a gas station on the southwest corner of 7th and Le Jeune. There is other commercial property west of where the bank is being constructed. Mayor Ferre: Is there a motion? At the last Commission meeting, it was moved by Commissioner Dawkins. Commissioner, do you want to move it again? Item 2, Commissioner Dawkins moves. Mr. Plummer: Second. Mayor Ferre: Plummer seconds. Is there further discussion on item 2? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 4226-4368 NORTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN MAP NO. 32 OF THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, _ BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERA- BILITY CLAUSE. Passed on its first reading by title at the meeting of June 15, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9659 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. FIRST READI:+G ORDINANCE: CHAINGE ZONING CLASSIFICATION 3216- AVIATION AVENUE FROM RG-2/5 TO CR-2/7. Unidentified Speaker: Mr. Mayor, we would like to have number 15 heard, if we could. We have the owner here, Mr. Belcher. He would like to have it approved. Mayor Ferre: Number 15, I asked, sir, if there was anybody here between 13 and 36. Unidentified Speaker: Yes, number 15. sl �� JUL 2 8 1983 Mayor Ferre: I think 15 is included. So you are here on item 15. AT THIS POINT MAYOR FERRE TAKES A COUNT OF PERSONS WAITING FOR ITEMS NUMBER 13 THROUGH 36. Mayor Ferre: Let's take up item 15 first. This is an ordinance on first reading. The Planning Department application to change the zoning of 3216 Aviation Avenue from RG to RO in the Official Zoning Atlas of the Zoning Ordinance 9500. The Planning Department recommends approval. The Planning Advisory Board voted for it unanimously. There were 14 objections received in the mail; five opponents were present at the meeting; one replied in favor. Are there any opponents on this here? Why don't you explain exactly what this accomplishes? Mr. R. Whipple: Mr. Mayor, this and many of the items in that number that I related to you (13 through 36) are items that the City Commission approved under the old zoning ordinance. This is bringing the old zoning previously approved by the Commission into conformance with 9500 language. Mayor Ferre: Fine, now answer my question. Mr. Whipple: This is a change of zoning to deepen the zoning to match the deep zoning on the northeasterly side of Aviation Avenue. Mayor Ferre: Any questions? Mr. Plummer: Let's hear from the applicant. Mr. Howard Setlin: My name is Howard Setlin, of the law office of Therrel, Baisten at 1111 Lincoln Road, Miami Beach. We are here simply to support the recommendations and the application of the Planning Department. Mr. Plummer: Who is the owner of record? Mr. Setlin: Hugh Belcher, who is here today, Mr. Commissioner. Mr. Plummer: Individually or corporatively? Mr. Mark Pollak: I think legal title is vested in a number of entities. One is the estate of.... Mr. Plummer: Pull up the mike so I can hear you please. Mayor Ferre: We need to know who you are. Mr. Pollack: My name is Mark Pollack. I am an attorney, 9200 South Dadeland Boulevard. My recollection is that the title to the property is in the name of the estate of Virginia Belcher, deceased, to approximately 81%; and then in two trusts under the will of the late E.N. Belcher Jr., for the remainder, with a small portion in three children trusts. It is not in a corporate name. Mr. Plummer: What is proposed to be put on that property? It is low rise now. Mr. Pollack: There are no present plans for this at the moment. Mr. Plummer: I move item 15. Mayor Ferre: Is there a second? Mr. Dawkins: I'm going to second it, but I would like to know from Mr. Whipple, if there are no present plans on all this ... they keep changing ... why are we changing it? Mr. Richard Whipple: This was a request by a property owner to change the zoning of which this Commission approved some time ago, which they granted. There was a concept at one time of this property and abutting property for unified development. We have no guarantees of that, but that was suggested at one time. This item before you today is initiated by the Planning Department, sl 4 60 J U L 28 1983 0 0 Mr. Whipple (CON'T): not the property owners. They already received your approval under the old zoning ordinance. All we are doing is translating those items from the old zoning ordinance into 9500. So, really, it is our petition before you today and not the applicants. Because they have already been approved under the old ordinance. Mr. Plummer: Mr. Dawkins, let me give you 13 years of experience. He told you the technical aspect. I'll tell you reality. He's getting in first to stop them from doing something later that ain't in agreement with what they are trying to do today. Now if you don't understand that, I'll translate it for you. Mr. Dawkins: No, no, leave the ghetto-ees out of it. Mr. Plummer: He's giving them what he thinks is appropriate for the area, so that tomorrow they don't come in and ask for three times that, because they can be told "You already got a change of zoning." Mayor Ferre: They will anyway. Mr. Whipple: This translates roughly to what they had been approved for. Mr. Dawkins: I tell you what, Mr. Plummer, if they don't come in to change it, I'll pay you double for burying me. If they do come in and change it, you bury me free. Mr. Plummer: Mr. Dawkins, we always do public service free of charge. In some cases, we expedite. Mayor Ferre: Are you implying that this would be a public service? Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3216 - 28 AVIATION AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 45 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Killer J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre %OES: None. ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. sl • 64 19©3 JUL 2 8 38. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2784 S.W. 7TH STREET FROM RG-1/3 TO CG-1/7. Mayor Ferre: Take up 21 on first reading; change of zoning 2784 S.W. 7th Street from RG-1/3 to CG-1/7. The department approves. Mr. Gary: This is the same as 15. Mayor Ferre: The Planning Advisory Board recommended approval. This is the same as 15. Is the applicant here? Your name, sir for the record. Mr. Sid Blumenfeld: My name is Sid Blumenfeld. I am one of the owners of the property. Mr. Gary: He's not the applicant. We're the applicant, Mr. Mayor. Mayor Ferre: Well, the City of Miami is the applicant, but you own the property, one of the owners, all right? Mr. Blumenfeld: I'll join the applicant. Mayor Ferre: For the record, state your statement. Mr. Whipple: We recommend approval. This is a deepening for a glass company to accomodate certain needs of 40 feet of depth. Mayor Ferre: Are there any questions? Is there a motion on item 21 on first reading? Mr. Perez: rove. Mayor Ferre: Move by Commissioner Perez. Is there a second? Seconded by Commissioner Dawkins. Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2784 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Perez, and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner )filler J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. s 1 62 J U L 28 1983 sl 39. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2860-70-90 AND 2900 S.W. 28 TERRACE FROM RG-2/5 TO RO-3/6. Mayor Ferre: Take up 22, go ahead. Mr. Whipple: Mr. Mayor, 22 has similar conditions. This is a change of zoning from a multiple family to an office use, which prompted the request from the Commission to study the remainder of this street and make a recom- mendation. This recommendation came out in the form of 9500, which is item number 23. We recommend approval of this zoning change. Mayor Ferre: Is there anybody here who wishes to be heard on this item? Mr. Plummer: Which one is this? Mayor Ferre: Twenty-two. Is the applicant here? Mr. Whipple: The City is the applicant. Mayor Ferre: I mean the City is the applicant, but the property owner. Mr. Whipple: The property owner is here, yes, sir. Mr. Hernando Acosta: Hernando Acosta, 2185 S. Bayshore Drive. Mayor Ferre: Thank you, that's enough. Now, is there a motion on this? Mr. Dawkins: Move it. Mr. Plummer: I have a question. Mayor Ferre: Moved by Dawkins. Is there a second? Well, second it, and then we will let you talk. Mr. Plummer: I second it. Mayor Ferre: All right, talk. Mr. Plummer: Mr. Whipple, this Commission spoke to the whole block. Mr. Whipple: The rest of the block is item 23, sir. Mr. Plummer: Thank you, sir. Mr. Whipple: This was an individual petition. Mayor Ferre: Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2860-70-90 AND 2900 SOUTHWEST 28TH TERRACE MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3,-SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. . 03 J U L 28 1983 %, Was introduced by Commissioner Dawkins, and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo The City attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 40. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2744- 2900 S.W. 28 TERRACE FROM RG-2/5 TO RO-3/6. Mayor Ferre: I assume the same thing is true of 23. Mr. Whipple: Yes, sir, that is a continuation of the.... Mayor Ferre: Which is a companion, a continuation. Who moves 23? Mr. Plummer: So move. Mayor Ferre: Plummer moves. Mr. Perez: Second. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion? Read 23. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2744-2900 SOUTHWEST 28TH TERRACE, MIAMI, FLORIDA, (MORE PARTICULAR DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE 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 Dawkins and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J: Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo sl ' 64 UL 2 81983 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. 41. CONTINUED DISCUSSION AND CONTINUED FOR FURTHER INFORMATION A REQUEST FOR CHANGE OF ZONING CLASSIFICATION LOCATED AT 185 S.E. 14TH TERRACE AND APPROXI11ATELY 200 S.E. 14TH STREET FROM RG-3/7 TO SPI-5. (See lable 34.) ;Mayor Ferre: Mr. City Attorney, I assume your presence now means that you are ready to give us an opinion. Mr. Garcia -Pedrosa: Yes, sir, I am. Ordinance No. 9419, which was adopted.... Mayor Ferre: Mr. Traurig, hold on. Mr. Traurig, this is on your item. We are back to item 11. We are now ready to hear the opinion of the City Attorney. We are waiting for the attorney for the applicant. Mr. Traurig; all right, proceed. Mr. Garcia -Pedrosa: Ordinance 9419 was adopted by this Commission on October 28, 1982 on second reading. It requires disclosure prior to making presentations, formal requests, or petitions. Although it doesn't specify exactly the question that Commissioner Dawkins has raised, I think the only fair reading of the ordinance would require, would consider the matter before you to be a presentation and would therefore require that a disclosure be made. I have so informed Mr. Traurig. I have given him a form. It is my understanding and I have just been handed the form to reflect dated today the correct legal ownership as of this moment, which would now satisfy your requirements. Mr. Plummer: That's fine, so we can proceed. Mr. City Attorney, I want you to do whatever is necessary to clean that matter up, so I think what this Commission intended was the day that we are to vote on it, it is to be a disclosure, if it is any different than that of the application. Because I think what really is trying to be found out is who is the owner and who are we voting for. So, I would suggest that whatever is necessary to clean up that ordinance to make it more explicit, that it be done such and be brought back before this Commission. Mavor Ferre: Are we ready to proceed now? Mr. Traurig: I would like to supplement what I said before by a statement which some of the owners have just asked me to make. That is to call to your attention that this is truly a minority bank that would be located within these premises. Thank you. Mayor Ferre: Thank you. Ms. Cooper, do you want to say one last little word? Mr. Plummer: I want to hear from Mr. Bliss, because he is a part of this application. He is the owner of lot 4. Mayor Ferre: Quickly, Mr. Bliss. Mr. Alan Bliss: My name is Alan Bliss. I reside at 1402 S.E. Bayshore Drive. My piece of property is small, but it is important. It is to me anyway. I think it is to the City as well. Since 1971, when I bought the property, we have been able to preserve what's now the only 1916 and thereabout building from 15th Road all the way down to General Development Corporation and beyond. This Planning Department were not that sure they wanted to use our property as a buffer. I want to submit to the people that are in the audience, as well as the Commission, that building in land is 23,000 square feet. Next door to me to the south, a building that I'm supposed to buffer is oven 100 feet tall and 300 foot long. We aren't really much of a buffer. I have been trying to sell this property since I got it back in litigation. I have agreed to a sale as of January 1st, no later than January 1st, s1 V� �j JUL 2 8 1983 6 4 sl Mr. Bliss (CON'T): whatever is turned into there. when I tried to sell it as residential, as a condominium, the only people, developers interested, want to tear the club down, the old building down and move out as close to the street as they can. I have had people that are willing to work with me to keep the property, the building there, the club, put a restaurant back in it, if they could put an office building and build behind the club. There is enough room behind because there isn't a big enough lot to build that much of a building, residential or office. The same number of square feet could be built, whether it's residential or office. To my mind, really the difference between an office building or a condominium, is a condominium has balconies and a pool, and an office building has a pool out front and statues. Because this building built as an office building would be just as nice and just as well as anything else. I have tried to talk to the people. Mayor, I just need a little bit of time, but I do need that. I have tried to talk to the people. I thought Mr. Traurig was talking to them. I have set up an appointment with the place next door, Brickell Bay Towers to try to speak to them next week, because I think it is in their interest as well as the City's. The club house sets back about 75 to 80 feet back from the street. Next door to me sits 27 feet back from the street with a fence only 7 feet back from the street, 5 feet back. I think that if we lose that old building, if we lose the frontage out there that is attractive to everybody in the City, I think it will be a detriment. Mayor Ferre: O.K., now I think we are ready for the Commission. Everybody has made statements. Let's move to the Commission level. Questions'. INAUDIBLE COMMENT Mayor Ferre: Mr. Gonzalez, you would have to use the microphone. This is a public hearing on this issue. You are a member of the public. If you have a contribution to make, as long as you make it quickly and to the point. Mr. Eloy Gonzalez: It is only a half minute. My name is Eloy Gonzalez. I live in 811 N.W. 25 Avenue. I am representing the businessmen in Miami, the Latin Chamber of Commerce. We have been working for 18 years to have the City of Miami a big city. We work not only in the City, but within the United States trying to have big corporations come into Miami. Also, as all of you know, in South America, to bring companies into the City of Miami. Because the story of this City as a quiet place to live is a story. We need more business to have the unemployment coming down. I suggest that we cannot permit ourselves to refuse big companies or good business to come and establish in this City. That is the comment I have to make, Mr. Mayor and Commissioners. We are for the permit of this new business in the City of Miami. Thank you. Mr. William Neckman: Mr. Mayor, may I speak? .Mayor Ferre: Yes, sir. :Mr. Neckman: I'm speaking on behalf on owners.... Mayor Ferre: We need your name and address for the record. Mr. Neckman: William Neckman, 1200 Biscayne Boulevard. I'm speaking on behalf of owners of the Costa Bella Condominium. I think that this Commission has the impression that all the neighbors in this area are against this proposed amendment. That is not the case. There are those of us who are for it. I don't think the Point View association is fully informed of everything that is occuring here. The Babylon Apartments are an architectural gem. It's an empty building that cannot survive as it is now. If this change is not approved, I'm certain that the Babylon apartments will be demolished. The three lots, 5, 6, and 7 will be joined together and a very large condominium will be developed there. That would make the traffic conditions worse. That would be a greater strain on the sewers. That would only do what the Point View people don't want to happen. An office building and residential will insure that the Babylon will stay by having an international type bank. There will be better security in the area. I believe that the whole area will be enhanced by it. I don't think that the Point View people are really being told everything that could occur yet. I understand from Mr. Traurig that part of this proposal is that the Babylon Apartments will stay and that there will not be a very large development on lots 5, 6, and 7. I think it's very much in favor of the area. • 66 J U L 2 8 1983 Ms. Cooper: Mr. Mayor, I need to ask ... Mr. Neckman gives his address as 1200 Biscayne Boulevard, which is of course, almost 30 blocks north of this particular project, and says he represents owners of Costa Bella. I think it is incumbent upon him to indicate which owners and how he comes to represent them. Mr. Neckman: Tristan L Alozalde, unit 1007, I have a letter here. Mayor Ferre: O.K., give it to the Clerk for the record. Ms. Cooper: That's apparently one unit. I do need to address some of the comments. If Babylon is such an architectural gem, and it does have some fine qualities, but it is an architectural gem, it was built as a residential project and it cannot survive as a residential project, we wonder about it. As far as whether the Point View Association has been told, the Point View Association has met at least on two occasions with the people, Mr. Rena and his representative, Mr. Burman, who own or claimed that time to own Babylon. I was there at both presentations. We gave them all the time that they wanted to make their presentations. We asked them some questions. They had every opportunity to present their issues to a number of members of the Point View Association. In addition, members of the Point View Association met with Mr. Traurig on at least one occasion. We have all the information. While we don't claim that every person on every unit of the thousand units, probably over 2,000 people who live in that area are opposed to it, we have only heard from one out of that many. Thank you. Mayor Ferre: Now questions from the Commission. Mr. Plummer: Mr. Whipple, I asked you if you would, since I knew that this new language of 9500, for the record, you have me reasons to believe that RG-3/7 is what I know as R-5. Mr. Whipple: Yes, sir. Mr. Plummer: I have to admit I am confused. If I understood Mr. Bliss correctly, he really doesn't want his property changed. He wants that Commodore Club to basically remain. I understand Mr. Traurig is representing the owner of 5, and they want to be permitted to put a bank or inter- national bank whatever it may be. Then I am assuming Babylon is on 6. Is that correct? Mr. Whipple: It's on 5, sir. • Mr. Plummer: Babylon is presently on 5. Mr. Whipple: Yes, sir. Mr. Plummer: What is on 6, 7, and 8? Mr. Whipple: 6, 7, and 8, to the best of my knowledge is an abandoned, conditional use parking lot. Mr. Plummer: O.K., Mr. Whipple, if in fact, those properties that are outlined in brown or yellow or whatever that color is, would it be a reasonable thing to say that if the owners joined together, that they could put at least two more condominiums on there? Mr. Whipple: That's a possibility. I think one would probably be in order. Mr. Plummer: But your height is limited by your square footage in what you could, so you could put either one big one or two medium sized ones. See, this is where I'm twisted and turned. The complaints of the neighbors, and rightfully so, are complaints of parking, traffic, possible amenity changes such as sewers and things of this nature. But yet, I am turned on the other hand that if it is R-5, you could put probably a 500 or 600 units on this piece of property. Mr. Whipple, how many units roughly? Janet is shaking her head no. .67 J U L 2 8 1983 sl 6 i Mr. Whipple: If we were to use the apartment immediately to the south, that has 266 units. You can see that outlined in red. Back portion being the parking lot, the tower in the front portion. So, you could say that this site might be a hair smaller, so you maybe are talking.... Mr. Plummer: 250. Mr. Whipple: 250. Mr. Plummer: All right, I stand corrected. You know, I don't have to draw any pictures for anybody, 250 units at two cars for a family are 500 cars. Something is going to go there. I am convinced of that. I am convinced it is not going to stay as it is. I know you would like it that way. Mr. Bliss owns lot 4 and he is to be commended for wanting to keep a keepsake of this community there. Mr. Mayor, I want to make a motion at this time that we defer this item. I want to go look at it. I have three different ways to go. Mayor Ferre: There is a motion of deferral. It has been seconded. Mr. Plummer: I'm sorry, Mr. Mayor, under the new ordinance I have to say to be continued for further information. I can no longer say... Mayor Ferre: This is to be continued so that members of the Commission can go to the site and discuss this. Mr. Plummer: Excuse me, to a date certain the next zoning meeting... September 29th. Mayor Ferre: Further discussion? Ladies and gentlemen, the City of Miami Commission has had for the almost 14 years that I have been serving, a standing rule that when a member of the Commission wishes to defer an item for purposes of further information, that we always defer to that request. Mr. Plummer: Mr. Mayor, excuse me, I will hold my request or motion if other members of the Commission have questions that they would like to get into the record to get answers by the time it comes back. Mayor Ferre: Hearing none, we are ready to vote. THEREUPON, THE CITY COMMISSION, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, AGREED TO CONTINUE THE HEREINABOVE ISSUE BY THE FOLLOWING VOTE: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mr. Plummer: In voting yes, Mr. Whipple, I would like you to draw a comparison sheet for this Commission and share with the people of both sides as to what is the possibility that could be put there, if changes are made so that a clear cut picture could be drawn for me as well as the other people to see what the possible eventuality could be. But I think we need to have a very fair picture drawn. You recommended it. Mr. Whipple: Of course, I'm fair. C: sl r 68 J U L 28 1983 42. FIRST READING ORDINANCE: rVIEN'D ZONING TEXT OF ORDI.�ANCE 9500, AMEND ARTICLE 15 SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 15100 SPI-10, MERCY IOSPITAL. Mayor Ferre: Take up item 36. This is similar to 21, 22, 23, and 15. An ordinance on first reading, 9500, article 15, special public interest districts, Mercy Hospital overlay district. The Planning Department recommends approval. The Planning Department Advisory Board recommended 4 to 1; six objectors. Does anybody here wish to speak to this item? Mr. Plummer: Move it. Mayor Ferre: Is the property ownercf record here? Mr. Plummer: 36 was Mercy Hospital? Mayor Ferre: Number 36, please step forward; your name and address. Mr. Shelby Mitchell: Shelby Mitchell, Vice President, Mercy Hospital, 3663 South Miami Avenue. Mayor Ferre: Thank you, sir. It's been moved by Plummer. Seconded by Demetrio Perez. Further discussion? Read the ordinance on 36. Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 15103.5 OF SECTION 15100 ENTITLED "SPI-10: MERCY HOSPITAL OVERLAY DISTRICT," OF ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC INTEREST DISTRICTS," BY INCREASING THE HEIGHT LIMIT FROM 80 FEET TO 120 FEET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------ NOTE FOR THE RECORD: Agenda item 38 was deferred at this point. ------------------------------------------------------------------------ 0 1. sl JUL 28 1983 • 110 43. FIRST READING ORD.: AMEND OFFICIAL ZOi+I:IG ATLAS OF ORD. 9500 BY APPLYI0G PEDESTRIAN STR-EET INDICATIOZT TO S.W. 10TR STREET BETWEEN SOUTII MIAMI AVE. A14D S.W. 1ST AVE. Mayor Ferre: Take up item 39. This is the pedestrian street indication, S.W. loth Street between South Miami Avenue and 1st Avenue. Mr. Plummer: Are you for or against it? :Mayor Ferre: The department recommends approval. The Board recommended approval unanimously. Mr. Gary: This is the same thing. Mayor Ferre: A statement into the record by the department. Mr. Richard Whipple: This is a similar condition initiated by the Planning Department for inclusion into 9500. Mayor Ferre: All right, sir, your name and address. Mr. Charles H. Bremer: Charles H. Bremer, I'm representing my mother, Mrs. Rodhesia Bremer of 88 S.W. loth Street. Basically my question is I would like a little bit of understanding. We received this in the mail and I'm not sure basically what this pedestrian street indication is. Mayor Ferre: Mr. Luft, would you explain this to Mr. Bremer, please. Mr. Jack Luft: It is similar to the effect that we have in Coconut Grove. Tenth Street is envisioned as the transit station opens as the primary pedestrian linkage between that station and the corridor or Brickell and as future development comes to loth Street, we will be looking for an extra set back developed as a wide pedestrian promenade down loth Street with mandatory retail provisions along the street to provide services and activities along that street edge where the people will presumably be walking. That's the effect of it. Mr. Plummer: Are you going to prohibit the vehicular traffic. Mr. Luft: We don't know. This has nothing to do with prohibiting vehicular traffic. This is simply with regard to set backs and retail uses for pedestrian sidewalks. Mr. Plummer: Is it not today predominantly residential? Mr. Luft: It's small single family structures; but it is zoned for a floor area ratio of 7 and very high density. Mr. Plummer: That's not the point. What about the people that are presently living there? Mr. Luft: Have no effect whatsoever. It is for new development when new construction occurs, major high density office buildings, whatever, then we, at that time this ordinance, this designation will increase the set backs as we have done in Biscayne Boulevard for a wider pedestrian promenade and for some retail uses. Until that development occurs, it has no effect whatsoever. Mr. Plummer: Let me ask this question. If I were the owner of this particular piece of property and I was going to sell it, that means that this provision, if passed, would apply to the new owners. Mr. Luft: That's correct. . '70 19 sl JUL 28 83 Mr. Plummer: O.K., that means that I cannot legally deliver to the new owner the same square footage, not with greater set backs, set backs or dedication. Mr. Luft: Not a dedication. We're not dedicating anything. We're talking about 15 foot set back in the front for it to be developed under uniform design standards for pedestrian streets. Mayor Ferre: Mr. Bremer, O.K.? Mr. Bremer: It sounds fine. It sounds like a good improvement. Mayor Ferre: O.K., any further discussion on item 39? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer. Mr. Perez: Second. Mayor Ferre: Seconded by Perez. Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE PEDESTRIAN STREET INDICATION TO SOUTHWEST LOTH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHWEST 1ST AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE 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 Perez and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner 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. ---------------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda item 42 was continued. ---------------------------------------------------------------------------- 44. FIRST READIAG ORD: CHANGE ZONING CLASSIFICATION 3620-3636 N.W. 22 AVE. FROM RG-2/4 TO CG-1/7. Mayor Ferre: Are we ready on item 9? Mr. C.F. Alfonso: Yes, we're ready. In conformance with the desire of the Commission, as well as the desire of the owners of yellow cab, we got together a few minutes ago and we have gone over.... sl - JUL 28 183 Mr. Gary: Excuse me, if I understood you, this was your desire, not the Commission's desire. Mr. Alfonso: That is correct. It is our desire. But we just went over the needs that might help to enhance that particular area. We own a frontage of 503 linear feet. We can provide up to 33 trees spaced at 15 feet and a hedge of 2 feet all around the perimeter of 22nd Avenue and 36th Street, which is 503 feet at a total cost that we have figured out of around $8,000 in contribution to the City and to enhance the area. Mr. Plummer: I'm very happy, sir, to hear that you are very much interested in your area and with that kind of spirit of cooperation, I will move item number 9, sir, on first.... Mr. Gary: Well, before he said ... when he was talking to staff, he said the height of the trees were going to be 10 feet. Mr. Alfonso: The height of the trees will be 10 feet, and they will not be black olives or mahogany. Mr. Gary: Good man. Mr. Plummer: Wait a minute! Why not black olives? There are no white olives, Mr. Gary. Mayor Ferre: Because they drop leaves, that's why. Mr. Plummer: Sir, I commend you for your fantastic community spirit and I move item number 9. I'm sure you will be reducing that to writing prior to second reading. Mr. Alfonso: Definitely will do. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Is there further discussion? Read the ordinance. Mr. Plummer: Call the roll on behalf of that great community spirit cab company. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE Z-ONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3620, 3636 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4 (GENERAL RESIDENTIAL) TO CG-1/7 (GENERAL COMMERCIAL); 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; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo . The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. .72 sl J U L 28 1983 -------- ------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda items 43, 44, 45, and 46 are continued. ---------------------------------------------------------------------------- 45. UPHOLD VARIANCE GRANTED TO PERMIT CREATION OF LOT WITH AVERAGE WIDTH OF 28 FEET AND SECOti'D STREET FRONTAGE OF 25 FEET, 3639 N.E. MIAMI PLACE. :TOTE: This matter later was the subject of a motion to reconsider.) Mayor Ferre: Item 47, this is an appeal by Sarino R. Costanzo, Trustee and Eugene Prinz of the variance granted to permit the creation of a lot with an average width of 28 feet. Second Street frontage of 25 feet at 3639 N.E. Miami Place. The Planning Department recommended approval. The Zoning Board granted it 5 to 0. There were two objectors by mail. Two opponents were present at the meeting. Are there any opponents present? Are you an opponent? Ir. Mike Anderson: Yes. Mayor Ferre: Go ahead with your case. Mr. Anderson: Thank you, Mr. Mayor, I'd like to pass out a little sheet here. Mayor Ferre: are you the applicant as an opponent? Mr. Anderson: We're the appellants. I represent Mr. Prinz, Mr. Costanzo, and Dr. Waters, who are the owners of the remainder of the block. Mayor Ferre: You are the appellant. Mr. Anderson: In other words.... Mayor Ferre: This is right off 36th Street, abutting the expressway, right? Mr. Anderson: Right, and the plat is what you see in yellow there. The applicant case is what you see in yellow. My clients own the remainder of the block. Mayor Ferre: The remainder of the block? Mr. Anderson: all what is in white. Mayor Ferre: From North Miami Avenue all the way to.... Mr. Anderson: To the yellow. Mayor Ferre: To N.E. 1st Avenue. The whole block? Mr. Anderson: My clients own from 36th Street north to that little yellow part and east of the yellow application. Mr. Garcia -Pedrosa: He's the appellant. Mayor Ferre: In other words, he is the appellant. Mr. Garcia -Pedrosa: No, the applicant for the hearing. Mayor Ferre: Mr. Manager, here is the way it occurred. The applicant is here. The department recommended it. The Zoning Board voted for it 5 to 0. His client, under the rules can appeal it. He is the appellant. He gets heard first. • Mr. Garcia -Pedrosa: Sure, that's exactly right. .73 JUL 2 8 1983 sl Mayor Ferre: Proceed. Mr. Anderson: Thank you. I'd just like to pass something out to the Commission. Mayor Ferre: In other words, he is appealing the favorable vote. Mr. Plummer: Once again I would like to invite all the people, Mr. Knox, even though you used to have a front seat, sir, we still... the signs outside say we would like for you to come in and have a seat. Won't you all come in and join us and nutke the policeman's job a little bit easier. There is no extra charge for sitting up front. We'd sure love to have you. You all come. :savor Ferre: Go ahead, dike. Mr. Anderson: As I said, my clients own 36th Street and 1st Avenue. Everything that you see in white there. The problem here is that there is a little 25 foot parcel, which is the northern parcel right up there. That is what they are trying to plat in with the other property. When they went to the Zoning Board, the Zoning Board said, "Well, don't worry about that. When they come in for a...we're not worried about wh-,t they can build on that now because we don't have a building in front of us." This is now zoned SPI-8. SPI-8 has no set backs, has no height limitation. So, the SPI-8 is basically like Your old C-3 district. Mayor Ferre: Hold on, Jack Luft, go outside and talk to your friends in the hall because right here is disrupting the meeting. That goes for you too, Dan Paul. Mr. Plummer: Mr. Gary, maybe some new signs out there that flash and come out with 110 volts and other things. Maybe then they would understand. Mr. Anderson: The SPI-8 district has no set backs, has no height limitation. So, what you can build on that 25 foot parcel all by itself is a building as high as you want to go, built right along the lot lines. My clients own the rest of N.E. 1st Avenue and they feel that the parking is going to be somewhere on N.E. Miami Place for that property. They don't want to see unlimited restrictions on that particular property, which as soon as it is platted, they have. They can build a separate building, lot line to lot line, as high as they want to go. My clients have been invited to see the plans which do encompass a building for more than one story. In addition, if you look at the sketch which I handed to you, this is a tentative plat. It shows and that shows that there is an alley on my clients' properties. That does not exist. So, when these people came in, and you could see the supposed alley there, they were asked to give an alley, which we don't understand the reason for. We don't want to see the alley there. They came in and they said, "Well, because we have to give an alley, we have to build on the 25 foot parcel." So, what we are asking is that you limit the 25 foot parcel to access, which is what they said they bought it for and not require the alley because there is no alley. If you look at the second piece of paper that I gave you, the word unplatted, that is the same block. There is no alley there. This is the City's atlas sheet. I have a title opinion that shows on their property that there doesn't show any alley. My clients have said that there is no alley on their property. Yet you see one up there, so the City has asked for an alley on the plat. So, what we are saying is they said that if they didn't have to have that alley, they wouldn't have to build on the 25 foot parcel. So what we would like to do is let the plat go through but restrict it to access on the 25 foot parcel and not have an alley because I know that the City Public Works Department is not going to want to dead end the alley into my clients' properties. There isn't any alley there right now and my clients don't want one. Mr. Plummer: Mr. Whipple, please clear up the mystery of the disappearing alley. Mr. Richard Whipple: Perhaps, I will let Mr. Campbell do that. .. 74 J U L 2 8 1983 sl Mr. George Campbell: The reason for the alley coming through there is that in the new subdivision control ordinance we put in place recently, it requires that an alley be placed behind a major street in order to provide for access to the commercial properties from the alley, rather than from the street. Mr. Plummer: Mr. Anderson, do you understand where the alley came from, sir? Mr. Anderson: I understand, however, there is also Miami Place, which is completely open, so therefore, it would seem that whatever services would be necessary could be received from Miami Place. It's not like there is no other place to get services from. It's a little block in there. It was bigger. But it's been cut off by the expressway now. Mr. Plummer: Campbell. Mr. Campbell: Miami Place is also a dedicated street. It is 50 feet wide. The reason, again, for the alley is to provide access for service and also it allows for an access to a parking lot that could be constructed, rather than having the access on the street. There is an existing alley to the west, which consists of ten feet, where in fact it is wider than ten feet that is paved through there. So we are continuing the service alley through behind the properties, particularly facing on 36th Street. Mr. Plummer: Is the owner who won at the lower Board present and wishing to make any comments? The owner, who at the lower Board got approval who is now being asked to be overturned, do you wish to comment, sir. For the record, your name and mailing address. Mr. Stuart Grant: Yes, sir. Mr. Plummer: For the record, your name and mailing address. Mr. Stuart Grant: My name is Stuart Grant. My mailing address is 1229 Meridian Avenue, Miami Beach. I am here representing my mother and father, who own the property. Our attorney discovered a dedication back in the 1920's for an alley. I would guess that upon closer examination, it might also be discovered on the adjacent property, which Mr. Costanzo is representing. It was difficult to find. We began the plotting process two years ago. We didn't discover it until January. We have been paying taxes on the land that was dedicated for alley as long as we have owned the property, which is almost 20 years. So it may be difficult to find. I would guess that it is there. In terms of building this property was zoned C-5 under the old ordinance and we do intend to build. We would like to build a two story building, providing parking on the larger part of our site. The Department of Transportation has told us that there is no way we can park any cars on the small portion without having vehicles back out of that area, so we feel that the only use we can have is to build on it. I talked at length on why we do want to build on it, but I would really like to say that I don't think the variance was... I don't think really think that has to do with the variance. I think the variance was granted. It was very reasonable. We are not talking about a separate tract That small piece is all tract A• We have given a document to the City, which will insure unity of title and when that is filed, the property will legally be one piece. As a single piece of property, we believe that it satisfies the intent of the zoning code, if not the exact requirements. The zoning code works well in most instances, but can't always provide for an irregular shape lot, like we have here. In cases like this, we rely upon the judgement of the City staff and of the Zoning Board and we hope that there be some flexibily allowed. The specific items that the variance was granted for were an average lot width of 60 feet. Because of the irregular shape of tract A, the normal method that the City uses to calculate average lot width yields a dimension of 28 feet. We believe that this number is misleading and does not accurately reflect the characteristics of the tract, If it is calculated mathematically, the average width is over 60 feet. That is adding up the entire area of the tract and dividing it by the depth. Regarding the second street frontage of the required 30 feet, the fact that we are only providing 25 on N.E. 1st Avenue we feel is compensated for by our more than adequate frontage on N.E. Miami Place, as well as our frontage on the alley. Both the Plat and Street Committee and the Zoning Board have reviewed and approved our subdivision and in their judgement our subdivision does meet the intent of the zoning code satisfactorily. I think it is unfortunate that the objectors are unwilling to accept the judgement .. '75 J U L 28 1983 sl Mr. Grant (CON'T): of the City staff and the Zoning Board and that you are being asked to review this when you obviously have a very lengthy agenda. In conclusion, we hope that you'll ... If he ... if Mr. Constanzo would like me to go into the architectural plans for the site, which are now 50% complete. I work for the architect. I can do that. Mayor Ferre: That is something that you can do at your leisure with Mr. Anderson or his clients, Mr. Costanzo and others. But I don't think we want to do that right now. Mr. Grant: O.K., well, in conclusion we hope that you you'll approve this and also item number 57, which is our final plat drawn, which we have submitted. Mayor Ferre: All right. Mr. Grant: Thank you. Mayor Ferre: Mike. Mr. Anderson: Let me just say a couple of things. First of all, Mr. Costanzo is on his way over here has examined title. There is no alley as shown on that white part and as shown on the tentative plat. Mayor Ferre: Well, I think I tell you, until we clarify this, I don't see how we can possibly... Now is there or isn't there? Mr. Whipple: Mr. Mayor, I think I will let the attorney answer, but even if there isn't, the City has required on the subject property an alley and when the other property, which is not subdivided at the present time is presented for subdividing, the City has the right to request a continuation of that alley, if they so desire. Mr. Anderson: That is part of my clients' objection: the fact that we know that they are not just going to dead end the alley into our property. We don't see any reason to put an alley there. They have N.E. Miami Place and they have N.E. 1st Avenue. Everything is bounded by a non -major arterial. The second thing is that they can build on that 25 foot parcel, although it remains part of that other tract, a building with no set backs and no height limitations and not connected to the structure that would back up to it. There is a tent right now, there is a one story building on N.E. Miami Place that backs right up to that little 25 foot parcel. We are concerned that we own the rest of the block and people can do that. I don't know if you realize that under the SPI-8 district when you passed the whole ordinance. That is a concern to us. Ms. Judith Rosenthal: Mr. Mayor, my name is Judith Rosenthal with law offices at 444 Brickell Avenue. I represent Mr. Grant. In terms of clearing up this matter of the alley. We found, when we examined title to this property, that prior to Mr. Grant's ever taking title, which is over 20 years ago, there was a very old dedication of a ten foot alley to the City. Mr. Grant's legal descriptions essentially carved out that ten foot alley when the younger Mr. Grant went to the City to apply for the platting, they found the City required then that it be a 20 foot alley as opposed to a 10 foot alley. That's where it came from. Precisely whether or not it exists on Mr. Costanzo's and Mr. Prinz' property, I do not know. I would assume that alley would go through. But it has been in existence at least in the public records for an excess of 20 years. In terms of other objections and that being to this substandard piece of property tag on the top, we find that property obviously can only be used as part of a larger tract of land. The only people who potentially could use that property would be Mr. and Mrs. Grant, who own the larger parcels to the west or the objectors today, who own the land to the south. We have some question about why the objection is being raised to begin with because at the time that Mr. Grant purchased that northeastern portion of the property, the objectors had been negotiating for the purchase of that property. As it turned out, they withdrew from the negotiations and Mr. Grant bought the property at its asking price hoping to merge it into the larger parcel and use it most beneficially. We are questioning the motivation perhaps of the objection today. We should also note that in the event that the unity of title document that Mr. Stuart Grant mentioned is not filed and the smaller portion is not made part of the larger tract so it can be used, then this property could only sl .. 76 J U L 28 1983 Ms. Rosenthal (CON'T): be sold basically to the objectors, because it would be of no value to anyone else. It would be a substandard lot. At this point the potential market would consist of only one party, that being the objectors; and the grants would then be forced to sell either at a severely depressed price or would be totally deprived of their right to sell their property. So also we have to look at it that if the variance is denied, the portion of the Grant's property, this portion would become virtually useless to them. As Mr. Campbell of the Public Works Department pointed out in the intial hearing, the area is too small for parking and automobiles could not even turn around in it. For these reasons we would request today that you grant Mr. Grant a benefit of his property and the beneficial use of all of his property and affirm the original grant of the variance. Mavor Ferre: You have heard both sides. Do you want a quick rebuttal? Mr. Anderson: Yes, this parcel was a remnant parcel. It was a parcel that was taken in eminent domain for the expressway. When you have a remnant parcel and the government comes in and takes your property, they pay you the fair market value of the part taken and they pay you damages to the remainder. So when those damages to the remainder are paid, it's very difficult at that point to come in and say, "Well, now I have a legal hardship." As a matter of fact, it's impossible to come in after the taking in eminent domain. My client simply does not want...Mr. Grant came in and he said, "Initially we plan to buy it and keep it for access." This is from the Zoning Board. And he said, "But since the City wants a 20 foot alley, we decided that we have to build on this." Their plans include a building of two stories, but they may go to three or four, which then is going to flood the street parking and parking that my clients use for their property. Mayor Ferre: All right, thank you. Mr. Anderson: The only point I'm trying to make is that if he said that if he didn't have the alley taken from him, and we don't see any reason for the alley, we certainly don't want it.... Mayor Ferre: You've said that. Is there anything you want to add? Let's close it. Questions from the Commission? Commissioner Plummer and Commissioner Perez, we are about to vote on this. Are there any questions from members of the Commission? What is the will of the Commission on this item? Mr. Dawkins: I move that we follow the recommendations of the staff. Mayor Ferre: Is there a second? Mr. Carollo: I second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-691 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTIONS 11(1), TO PERMIT THE CREATION OF A LOT DESCRIBED AS TRACT "A" TENTATIVE PLAT #1151-D, "GR.-.NT SUBDIVISION" ALSO DESCRIBED AS APPROXIMATELY 3639 NORTHEAST MIAMI PLACE, AS PER SURVEY ON FILE, WITH AN AVERAGE WIDTH OF 28' (60' REQUIRED); AND A SECOND STREET FRONTAGE OF 25' (30' REQUIRED); SUBJECT TO A RECORDED UNITY OF TITLE; ZONED C-5 (LIBERAL COMMERCIAL) . (Here follows body of resolution, omitted herein and on file in the Office.of the Clerk). sl „ 77 JUL 2 81963 Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Vice :Mayor J.L. Plummer, Jr. 46. ACCEPT PLAT ENTITLED "GRANT SliBDIVISION". (NOTE: this matter was the subject of a later motion to reconsider.) Mr. Garcia Pedrosa: Mr. Mayor, 57 is a companion to this. Mayor Ferret All right, take up item 57. Is there any objections to 57? Is there a motion on 57? Mr. "like Anderson: We have the same objections on 57. Mr. Dawkins: I move. Mayor Ferret Let the record reflect that Mr. Anderson presented the same objections to the replatting. Mr. Dawkins: I move with the recommendations of staff. Mayor Ferret Is there a second? Mr. Carollo: Second. Mayor Ferret Further discussion? Call the roll on 57. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-692 A RESOLUTION ACCEPTING THE PLAT ENTITLED GRANT SUB- DIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYE'S: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice A..Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. .. 18 JUL 28 1983 sl r 47. FIRST READING ORD: CHANGE ZONING CLASSIFICATION 2629-2645 SOUTH BAYSHORE DRIVE FROM RG-2/5 TO RO-3/6. Mayor Ferre: Item 24, I don't think there are any objectors. Mr. Pickman, are you here? I read off item 24; why didn't you stand up at that time? Mr. Pickman: I missed it, sir. Mayor Ferre: Are there any objectors to item 24? Mr. Plummer: It is recommended by the department and I so move. Mayor Ferre: Passed unanimously by the Board. Mr. Carollo: Second. Mayor Ferre: It's been moved and seconded. Is there further discussion? Read the ordinance on item 24. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2629-2645 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE; SUBJECT TO VOLUNTARILY PROFFERED COVENANT ON FILE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 45 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer, and seconded by Commissioner Carollo and passed on its first reading by title by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mavor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 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. ---------------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda item 38 was continued to September 29th. ---------------------------------------------------------------------------- 79 JUL 28 1983 sl r 48. SCHEDULE PUBLIC HEARING PURSUANT TO A REQUEST TO RENAME A PORTION OF S.W. 27 AVE. FROM SOUTH DIXIE HIGHWAY TO BAYS11ORE DRIVE, GRAPELAND BLVD. Mr. Plummer: Mr. Mayor, while we are waiting, there is a young lady sitting in the audience who put forth... This young lady lives in 27th Avenue, who petitioned the County that 27th Avenue be renamed to Grapeland Boulevard from Dixie down to Bayshore Drive. We have a memo from Mr. Stierheim to Mr. Gary that the County would honor this request. I would ask at this time that we schedule a public hearing for the 29th of September so this matter can be accomplished. Mayor Ferre: You are going to rename it for whom? For Grapeland? Mr. Plummer: I'm not going to rename it. I'm just asking for a public hearing. Mr. Carollo: No, no, we're not going to rename it. We're going to be adding from South Bayshore Drive to Dixie Highway, just adding the name Grapeland. Mr. Plummer: Right, Grapeland Boulevard. Mr. Carollo: Grapeland Boulevard. Mr. Gary: You have to go to another committee first. Mr. Plummer: Well, in the interim time you send it to the Memorial Committee. They will be back on the 29th of September, at which time we'll have a public hearing. Mr. Carollo: That's plenty of time for that. Mayor Ferre: Explain to me what the historical significance ... what is it? Mr. Plummer: It was originally on the early maps. It was known as Grapeland Boulevard. Mr. Carollo: It sure was. Mayor Ferre: Is this something that the people of Coconut Grove want? Mr. Plummer: This is a petition that has been initiated by some of the homeowners.... Mr. Carollo: In Coconut Grove. Mr. Plummer: ....who went to Merritt Stierheim and asked him to do it. They said that they would require a hearing before this Commission at a public hearing. That is what I'm asking be scheduled on the 29th of September. ,Mayor Ferre: all right, sir. We have a motion. Mr. Plummer: I so move. Mayor Ferre: Is there a second? Mr. Carollo: Second. . Mayor Ferre: Seconded by Carollo. Further discussion? Call the roll on the calling of that public hearing. I�• JUL 28 1983 sl 6 i The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION 83-693 A MOTION ESTABLISHING THE DATE OF SEPTEMBER 29, 1983 AS THE DATE FOR A PUBLIC HEARING ON A PROPOSAL TO CO - DESIGNATE A PORTION OF SOUTHWEST 27TH AVENUE FROM SOUTH BAYSHORE DRIVE TO SOUTH DIXIE HIGHWAY AS "GRAPELAND BOULEVARD"; FURTHER DIRECTING THE CITY MANAGER TO FORWARD THIS REQUEST TO THE MIAMI MEMORIAL CO?DIITTEE FOR THEIR RECOMMENDATION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Maurice Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 49. AUTHORIZE FINAL APPLICATION FOR MAJOR USE SPECIAL PERMIT S.E. 8TH STREET AND BRICKELL AVE. AND 801-999 BRICI:ELL AVE. PER ARTICLE 28, MAJOR USE SPECIAL PERMITS. Mayor Ferre: Unless I hear otherwise, I am now getting into item 48. Is there anybody here on 48? Proceed. Mr. Robert Traurig: 48 is to be presented by Mr. McManus of the City Planning Department. Mr. Joe McManus: Mr. Mayor, Members of the Commission, items 48 and 49 are companion items. 48 refers to an issuance by this Commission of the major use special permit. Item 49 is the issuance by this Commission of a proposed development order. In the interest of simplicity, we have coupled the conditions for the major use special permit and for the development of regional impact into one set of conditions. This project is located in S.E. 8th Street and Brickell Avenue. It encompasses basically a 450,000 square foot office building. As I said, it qualifies as both a development of regional impact and as a major use, under ordinance No. 9500. In the interest of brevity, I think we are in substantial agreement with the Regional Planning Council, with the developer on the project. Let me just indicate salient points are that this developer, in concert with the Lincoln/rasher Project across the street, will undertake a long-range transportation study, will undertake significant improvements at the intersection of S.E. 8th Street and Brickell Avenue at their cost estimated at some $350,000. That would conclude the substantial arrangements there. Although, let me indicate that we have approximately 30 conditions in the development article. Mr. Plummer: Mr. McManus, if we approve 48 and 49 today, what are we really approving? One more step in the procedure before it comes back here in its final form? Mr. McManus: Mr. Commissioner, this is the final step. The developer, after your action today, would go to the Building Department with his construction documents and apply for a building permit. Mr. Garcia -Pedrosa: It is a resolution, not an ordinance. sl 81 J U L 28 1983 4 0 Mr. Plummer: Well, the question is, and I raise this question, Mr. Traurig, for I have not seen this development as proposed. Is that the development? Mayor Ferre: But it has never been before us, is why you ... because the Planning Department recommended approval in 48 and recommended approval in 49. The Planning Advisory Board recommended approval subject to conditions, as amended, 6 to 0, and they did the same thing on 49. Now it is presently before us. If you vote yes for this and you agree with the Planning Department.... Mr. Plummer: He takes out a permit tomorrow. Mayor Ferre: He can if he wants to. I think it is 30 days, isn't it? Isn't there time... Mr. McManus: It's immediate. It's a resolution. Mr. Plummer: I don't know about the rest of the members of this Commission, if you have seen any project that is before us. I don't know what is before us other than an application. Mayor Ferre: J.L., that's exactly what they are going to do right now. Mr. Plummer: You are going to make a full blown presentation. Mr. Traurig: Yes, sir. Mr. Plummer: Oh, I'm sorry. Mayor Ferre: For 14 years, this is the way you've done it. Mr. Plummer: Maurice, it's not the way I've done it for 14 years; because we never had that super agency up there. What is that called? Mr. McManus: South Florida Regional Planning. Mr. Plummer: Yes, you know, the hot shots. Mayor Ferre: Has nothing to do with this. Mr. Plummer: But they had to go before them, right? Mayor Ferre: And they have gone before 20 other agencies. The fact is that now it is legally before us. They are going to make their presentation. You can vote against it or vote for it. Mr. Plummer: That's what I like about the Mayor. He's always negative. Mr. Robert H. Traurig: For the record, Robert H. Traurig, 1401 Brickell Avenue. Mr. McManus has basically told you how this project has gotten to you. We have appeared before the South Florida Regional Planning Council, one of whose members is your Mayor. It voted unanimously for the issuance of a development order regarding this. We then went to the City Planning Department. We went through the process designated under the major special use permit process in the new ordinance. Then we went to the Planning Advisory Board. Now we are here before you. I would like to advise you that today we have here to handle the technical presentation, not only representatives of Tishman, Speyer, and Equitable, who would be Mr. Tony D'Benedentis and Mr. Jack Castanbach, but also the design architect and project architects from Skidmore, Owings & Merrill, Mr. Raul de Armas and Mr. Arnold Finesilver. David Plummer is here to talk about the traffic impacts. Basically what this is is a project on those blocks right in front of the Four Ambassadors which have been analyzed and reanalyzed. The result is that this City would get a net fiscal surplus of $1,600,000; rather the governmental bodies in this county of $1,600,000 per year. We will bear our share of the cost of upgrading the infrastructure in order to handle this project. We will participate in long range planning for the traffic impact of the Brickell area, etc. For an explanation of the project and how it will add handsomely to the Brickell Avenue scape, I'd like to introduce to you Mr. Raul de Armas. sl 82 JUL 2 8 1983 0 J* Mayor Ferre: Mr. de Armas. Mr. Raul de Armas: My name is Raul de Armas. I'm a general partner of Skidmore, Owings & Merrill in New York. We are very pleased to be here to present this project. We believe that this project has a number of amenities, but is good for Brickell Avenue and of course, for Miami. The project -and my associate will bring the model up close to you- consist of an office tower and retail stores and a covered plaza. I will begin talking about that, which is an amenity we feel is very important to not only this project, but perhaps the future of the avenue. On the floor you will see a model, a much enlarged model of the plaza alone. In front of you is a rendering, meaning that at street level, at all times on the frontage of Brickell Avenue, there is a 30 foot high trellis covered area filled with trees, plants, and retail shops that will activate the pedestrian area of the project. The project consists of the office building, which is made of light materials. The glass is set back to be shaded. There is no reflective glass on the project. We are trying to use the materials that we feel are indiaencus to the area of the project. It responds to the climate. It responds to the character of the City. I believe it allows people to use it in a way that is not by having a large open plaza with the sun beating on it and making it more of a space to collect dust. We believe that it is very important, as you can see in this drawing, the orange shows retail shops, so that at all times, the lower level of the project is presenting activity to the street. There are no dead spaces here. The two round elements are two kiosks that will serve meals to people in the plaza, so that in fact you have an integrated situation, where you have not only the office space, but you have at the ground level, where people experience the project, a very active and a very lovely place. Mayor Ferre: Mr. de Armas, are the stores going to open to the street or to the building inside. Mr. de Armas: They open primarily to the street. There might be some openings to the inside, if requested, but always to the street. I should say that in this particular project we have worked closely with the agencies involved and we received, I believe, a very strong endorsement of the Urban Development Review Board, which said -I'm paraphrasing- that it was the right kind of project for Brickell Avenue and it was about time. We are very pleased about this. Partially this happened because of their good comments on what we had. Do you have any questions? Mayor Ferre: Mr. de Armas, I just might point out, and I hope you will forgive me for putting this into the record, but I happen to think that you are also the right architect at the right moment for the right property. Let me explain that. Mr. de Armas is a Cuban who left Cuban many years ago. After college, he started working in New York. He has worked his way up to being one of the main partners in New York City for one of the main architectural firms in the world, Skidmore, Owings & Merrill, who have done many buildings around the world including Florida. I think that what he has shown in this particular building is a clear indication of his heritage, since I think he well understands the tropical and the subtropical nature of Miami. I do concur with that Urban Planning policy statement that was made by whoever made it: that this is one of the first buildings in Brickell Avenue that really reflects the nature of Miami. I would certainly hope that instead of having glass cages, that in the future that more buildings would have the kind of amenities and openness and tropical feeling that you have imparted in this particular project. Mr. de Armas: Thank you very much, Mr. Mayor. Mayor Ferre: So I commend you and your associates for the design, which I think is a sympathetic design. Mr. de Armas: Thank you. sl 83 JUL 281983 r i At sl Mr. Traurig: Mr. Mayor, may I add to something that Mr. de Armas said? I think it is important for this Commission to know that the Urban Development Review Board and Mr. Whipple, as its secretary, provide a very effective service for this City. Mr. de Armas' design, Mr. Finesilvers' work are outstanding. We benefited greatly by the recommendations and suggestions that were made by staff. I don't think that this Commission very often hears that staff and the Urban Development Review Board make design recommendations that enhance the value of projects and I think it is time that we acknowledge that. Thank you. Mayor Ferre: Is Janet Cooper around? I want to say that this is the very first time that I have ever seen a big building on Brickell Avenue that hasn't been protested by somebody, and I commend you for that too. Mr. Plummer: Mr. Mayor, you will find that today was historic in the life of Janet Cooper. For the first time she appeared here today as a lawyer.... Mayor Ferre: Here's Janet; come on, Janet. Mr. Plummer: ....representing her first client. She now is no longer coming here representing just Brickell, but she is representing clients. God knows she has had a very good background in representation before this Commission and especially squaring off with one of the best, Mr. Traurig. Mayor Ferre: Congratulations, Janet. Ms. Cooper: Thank you, I should point out that although this was my first representation of clients before you, they are not my first clients. I will be here with other clients, mainly developers. LAUGHTER Mayor Ferre: Janet, good luck to you. I tell you, you certainly earned every bit of that. You have paid your dues for sure. All right, counselor. Mr. Traurig: I think that concludes our presentation. We are prepared to answer questions regarding any of the impact and any of the conditions imposed either by your staff or the South Florida Regional Planning Council. Mr. Plummer: To the Administration, all of this order is predicated on 9500. Mr. McManus: Yes, Mr. Plummer. Mr. Plummer: O.K., it is my understanding that your department is going to scream, holler loud, long today that be deferred for six months. But say that in between, I noticed that this order has a three year completion date. I don't want to be placed in the position, because this does fall in the area of the Brickell study, correct? Mr. McManus: Mr. Commissioner, maybe I can clarify this a little bit. In the opening conditions on the development order, this project as approved by the Urban Development Review Board, all the perimeters, the height, the square footage, whatever, is all very carefully spelled out per plans on file. If the City subsequently were to do something with the SPI-5 district other than the plans on the file and as described on this development order, the applicant then would have to come back through the process.... Mr. Plummer: Exactly what I'm trying to get on the record. That whatever happens, Mr. Traurig, you and your clients know that it is subject to the 9500 passage. Mr. Traurig: Yes, sir, let me make it clear, Mr. Plummer. The 9500 already exists. We are now asking for your consideration of some changes in 9500. This was designed to meet every criteria of 9500 that existed yesterday or last week. Mr. Plummer: O.K., but there is also the Brickell area study, which we are going to possibly be considering today. Mr. Traurig: May I respond to that, sir: We have already gone through an intensive traffic analysis related to this project. An analysis done not only by the staff of the South Florida Regional Planning Council, but JUL 2819W A# Mr. Traurig (CON'T): your Public Works Department and the Dade County Department of Traffic and Transportation. With regard to any intensive Brickell Avenue studies relating to future traffic, this development order itself provides that we will participate in those studies. Mr. Plummer: No, sir, that is not the point I'm bringing out. It is proposed in the Brickell area, that there is going to be a great change in the density and the F.A.R. and everything. Does your building comply today without those changes? Mr. Traurig: Yes, sir. Mr. Plummer: Then I'm quiet. O.K., is there anyone here who wishes to speak against this project? Mr. Traurig, do you have anything to wrap up and say. Mr. Traurig: No, sir, we urge your.... Mr. Plummer: Would you state for the record that David Plummer is not related to me? Mr. Traurig: David Plummer is an associate of David Reiniert, who is sitting here. He is a traffic engineer. I don't know what his heritage is. But he's not related to you. Mr. Plummer: I have been accused of an engineer, but a different kind. All right, that's it. Mr. Carollo: Let's call John and verify that. Mr. Plummer: We'll now close the public hearing and ask for discussion among the Commission. Just for the record, the Mayor had to answer to a higher authority. It's called his wife, who is calling him from Europe. That is why he had to step out of the room. Discussion among the Commission. Mr. Carollo: J.L., hearing none, I'm going to make a motion. Mr. Plummer: Mr. Carollo makes a motion that item 48 first be moved. Is there a second. Mr. Perez: Second. Mr. Plummer: Seconded by Commissioner Demetrio Perez. Is there any discussion on the motion for approval? Motion understood, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-694 A RESOLUTION ISSUING A MAJOR USE SPECIAL PERMIT, ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED BY REFERENCE APPROVING WITH CONDITIONS, THE SE 8TH STREET AND BRICKELL AVENUE PRO- JECT, PROPOSED BY THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES AND TISl-LVON-SPEYER PROPERTIES, A JOINT VENTURE, FOR APPROXIMATELY 801-999 BRICKELL AVENTE; MAKING FINDINGS; PROVIDING FOR ISSCANCE OF A CLASS C SPECIAL PERNSIT, A_ND PROVIDING THAT THE PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST, (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J: Dawkins Vice :Mayor J.L. Plummer, Jr. ::OES : None. ABSENT: Mayor Maurice A. Ferre $6 , J U L 28 1983 sl 4 sl 50. AUTHORIZE ISSUANCE OF A DEVELOPMENT ORDER FOR S.E. 8TH STREET AiiD BRICKELL AVE. PROJECT, PROPOSED LOCATIOiN OF 801-999 BRICKELL AVE. Mr. Carollo: Move item 49. Mr. Plummer: Item 49 is moved by Commissioner Carollo, seconded by Commissioner Perez. Is there any discussion on item 49'. Hearing none, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-695 A RESOLUTION CONCERNING THE S.E. 8TH STREET AND BRICKELL AVENUE PROJECT, A DEVELOPMENT OF REGIONAL IMPACT, LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE, MIAMI, FLORIDA, AUTHORIZING ISSUANCE OF A DEVELOPMENT ORDER FOR SAID PROJECT, APPROVING SAID PROJECT WITH MODIFICATIONS, AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, AS REQUIRED BY THE CITY OF MIAMI ORDINANCE 8290, AND AFTER CONDUCTING A PUBLIC HEARING AS REQUIRED BY CHAPTER 380.06 FLORIDA STATUTES, SAID APPROVAL AND AUTHORIZATION SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A" AND THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED BY REFERENCE: FURTHER DIRECTING THE CITY CLERK TO SEND THE HEREIN RESOLUTION AND SAID DEVELOPMENT ORDER TO AFFECTED AGENCIES AND TO THE DEVELOPER. (Here follows body of resolution, omitted herein and on file in the Office of the Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NOES: :None. ABSENT: Mayor Maurice A. Ferre Mr. Plummer: Thank you, Mr. Traurig. Mr. Traurig: Thank you. r t • JUL 28 1983 M r 51. SECOND READING ORD: APPLY HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY LOCATED 1800 N.E. 2ND AVE., CITY OF MIAMI CEMETERY. Mr. Plummer: Item number 3, the applicant is the Planning Department. We're going to run through these, but for the record, these are all previously approved. Mr. Gary: These are all previously approved. We are putting them in 9500. Mr. Plummer: Item 3, City Cemetery, moved by? Air. Perez: dove. Mr. Plummer: Perez, seconded by? Mr. Gary: Do like Ferre. Mr. Plummer: Dawkins. Plummer is on a conflict of interest. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1 GENERAL USE HERITAGE CONSER- VATION OVERLAY DISTRICT TO THE "CITY OF MIAMI CEMETERY", LOCATED AT APPROXIMATELY 1800 NORTH- EAST 2ND AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES IN ASAP NO. 23 OF THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, 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 June 15, 1983, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Perez, seconde& 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 Joe Carollo Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. NOES: None. ABSENT: Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9660 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. JUL 28 1983 s 1 87 L� 4 52. SECOND READING ORD: AMEND SUBSECTION 1 OF SECTION 62-55 OF THE CODE OF THE CITY OF MIAMI ENTITLED PUBLIC NOTICE -TYPES OF, CHAPTER 62, ZONING AND PLANNING. Vice -Mayor. Plummer asked if there were any objectors present on Item #4. No Objectors Appeared. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTION (1) OF SECTION 62-55, EN- TITLED "PUBLIC NOTICE -TYPES", OF CHAPTER 62, ENTITLED ZONING AND PLANNING", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING THE REQUIREMENTS OF NEWSPAPER PUBLICA- TION OF TYPES OF PUBLIC NOTICE UNDER SUCH CHAPTER; CONTAINING A REPEALER PROVISION AND A SEVERAEILrVz CLAUSE. Passed on its first reading by title at the meeting of June 15, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetric Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Maurice A. Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9661. 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. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: Agenda items 5 and 6 were continued. ------------------------------------------------------------------------------ 53. APPROVE MOST QUALIFIED CONSULTING FIRMS FOR PROFESSIONAL SERVICES OPEN SPACE AND DEVELOPMENT MASTER PLAN FOR DINNER KEY. Mayor Ferre: Item 76, all right, Mr. Manager. Mr. Gary: Mr. Mayor, you know approximately o years ago we did a Master Plan for Dinner Key which is now outdated based on some other activities that have occurred and in view of the demolition of the barracks and also in terms of Dinner Key expansion of the marina area we think it would be appropriate as well as the new Grove Market Project, we think it is appropriate to move for- ward in developing a comprehensive master plan for the Dinner Key Redevelop- ment Area and we've gone through the selection process and we would like to have your approval to accept the most qualified firn in ranking order to begin the negotiations and move to number two and number three. Mayor Ferre: Read into the record the ranking order. !`!r. Gar_!: The first firm is oerema, bermello, Kurki and Vera, prime archi- te-ts, Ronald Frazier and Associates Planners, Stressau Smith and Stressau Landscape Architects, Metric Engineer and traffic and narking, Hammer, Seiler and' George Associates, Market Analysis. The second firm is Albert R. Perez and Associates, Edna dingo, Urban Planner, Wilbur Smith & Associates, rt 00 J U L 28 1983 Chesapeake Group, Inc., Kimberly Parker, Bugdal Group. The third is Wallace, Roberts and Todd, Delon Hampton & Associates, Economic Research Associates. Mr. Plummer: Mr. Mayor, I have a problem with the wording of the way the resolution reads and that is the first line. I am in agreement with the rest. Mayor Ferre: Tell me what the first line says. Mr. Plummer: It says that we approve whatever negotiations he does. Mayor Ferre: No, he has to bring it back for final. Mr. Plummer: Read the first time: Approving the most qualified consulting firm to be provided for...... Mayor Ferre: Mr. Plummer, if you will forgive me, and I'r,. doing this out of memory, but I think in every single one of these things that is exactly what the wording is. It must come back to the Commission once the necotiation is concluded for a final contract. Mr. Carollo: well, it states here in the resolution..... Mr. Gary: That's what it states in the resolution, forget about that, the resolution says, "A resolution approving the most qualified consulting firm to provide professional services to provide professional services for the open space and development master plan for Dinner Key; Authorizing the City Manager to undertake negotiations with the most qualified......" Mr. Plummer: That is the wording of most of the resolutions on professional contracts. Mr. Gary: No, listen to me. "...and directing the Manager to present the negotiated agreement to the Commission for ratification and approval..." Mayor Ferre: That's correct. Mr. Gary: That's the way we always do it. Mr. Garcia -Pedrosa: They didn't do it the same way on the agenda, he's right but that's not what the resolution says. Mr. Plummer: Okay, move it as the resolution. Mr. Carollo: Move it as the resolution as was read by the Manager. Mayor Ferre: No, Plummer is right, let's do it properly. Now, your motion is following that format, is that correct? Mr. Carollo: Following the format, and I'll read it for the record again. "Approving the most qualified consulting firms to provide professional ser- vices for the open space and development Master Plan for Dinner Key; Author- izing the City Manager to undertake negotiations with the most qualified firms, to arrive at a contract which is fair, competitive, and reasonable, and directing the Manager to present the negotiated agreement to the Commis- sion for ratification and accroval by the Commission." Mayor Ferre: Is there a second? Mr. Plummer: Seccnd. Mayor Ferre: Further discussion? Call the roll or. 78. rt 8 JUL 2 6 1983 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-696 A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTING FIRMS TO PROVIDE PROFESSIONAL SERVICES FOR THE OPE14 SPACE AND DEVELOPMENT MASTER PLAN FOR DINNER KEY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS, TO ARRIVE AT A CONTRACT WHICH IS FAIR COPIFETITIVE, AND REASONABLE, AND DIRECTING THE RANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE COMMISSION FOR RATIFICATION AND APPROVAL BY THE COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, `_he resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Terre NOES: None. ABSENT: None. 54. FIRST READING ORD: CHANGE ZONING CLASSIFICATION 700 S.W. 36 AVENUE AND 3630-40-50 S.W. 7TH STREET FROM RG-1/3 TO CR-3/7. See label #30 Mayor Ferre: Okay, we're now back to number 7. Now, you have a full five member Commission after your long wait. Mr. Amadeo Lopez Castro, Jr.: Good afternoon Mayor and members of the Commis- sion, my name is Amadeo Lopez Castro, Jr. and I reside at 1136 Alahambra Cir- cle. I represent Mr. Felipe Valls and Mr. Luis Martinez with regards to a zoning change application that they have before the City Commission today. Briefly describing the zoning change.... (INAUDIBLE, WALKED AWAY FROM MICROPHONE). ....which was originally zoned R-2 and under the new ordinance it is zoned RG-1/3. We are trying to rezone it or we're asking you to rezone it to CR-3/7. That is our request at this time. The persons involved in this particular application are two businessmen of the City of Miami which among both of them provide jobs which are in excess or are counted in the hundreds today. They are both successful businessmen and they come before the Commission because they believe that they need this rezoning to actually amplify the businesses that they have in the area. We are coming here on the basis that we are not creating an isolated district which is entirely unrelated to the adjacent zoning. (INAUDIBLE, WALKED AWAY FROM MICROPHONE) Mayor Ferre: I think it is important that you speak into the microphone. There is a small microphone somewhere around here. ,.L-. Castro; This parcel right in here which is in yellow originally was also an R-2 and it was changed by this Commission. and has been operating as a park- ing lot for some time for Intercontinental Bank and all the surrounding areas are very much in conformity with it. My clients own a very large restaurant here and a very large pharmacy right at this point. Mr. Martinez also owns all of this which has been leased out to different individuals. The pressure of the growth of the area is such that we are definitely in need of additional parking. Now, we are trying to create this district so that we do not create at any one time an isolated district which is in any way not related to the adjacent zoning district whi_h now exists. We worked and we worked with the thing and if you look at the map over there you will find that we had a very small opicsition of the neighbors. Within the radius, there are only two r,eiahbcrs that actually o-rosed it. We have gone and we have talked to both of them and actually explained to them exactly what our plan is and they have 90 J U L 28 1983 rt now agreed that they have no opposition to that. The ones over and above which are out of the radius of influence, we have been unable to contact. We are proposing, and my clients have empowered me to come before the City and to out of our own volition propose a covenant to run with the land which we have taken before the City. We contacted the Planning Department, unfort- unately at the time Mr. Whipple was on vacation so we had to talk to Mr. Mc Manus. He made some small chances which included the idea that we would restrain our use to the existing uses of office and residential that today exist on the parcel and that the only additional use that we would use under this new zoning that we are acquiring today would be additional parking. Now, we believe, Mr. Mayor, that we are making a bonafide effort to actually enhance the area. We have brought the :onvenant to the City, we brought it to the City Attorney, we have tried to work with each and every one of them. The covenant is exactly the same one that we presented before the Zoning Board and which convinced them for the recommendation in the positive of our request. That covenant has only been modified in regards to the recommenda- tions that we received from the City Attorney's staff. No other change has been there. There is a copy of it in the file and we believe that both the City Attorneys and the Zoning Board are satisfied with it. We urge you in any way possible to crant us this rezoning because we do need the parking there and we believe that this would alleviate the condition that we have at present, sir. Mayor Ferre: Now, does the administration wish to add? Mr. Campbell? Mr. George Campbell: If I may, the existing parking lot that is there now which was built, I believe, without benefit of permit, is improperly graded, there are some small drainage structures on there but the way the grades are built in the parking lot the majority of the water flows from the parking lot into the public right-of-way which is contrary to the provisions of our Code. It isn't just the parking lot that has been paved, most of the right-of-way has been also paved without benefit of any sort of research or permit. The area around there has just recently had sanitary sewers built. In this par- ticular area the sanitary sewers once again were designed to fit the then existing zoning which is the method that was used and the logical way to do it and if this were to begin here - if you'll look at the map with the appli- cant's area shown in yellow there, then we would be hard pressed to not extend this zoning easterly and again the so-called Domino Effect which would cause again great problems. So we are not in accord with this application, we echo the Planning Department's denial. Mayor Ferre: Okay. Mr. Castro: Mr. Mayor, may I respond to Mr. Campbell, sir? Mayor Ferre: Yes, sir, you may. Mr. Castro: Mr. Campbell, I do not know whether you are aware that we retained to firm of Crowder Mahoney Mc Klowsky Rice, Inc. who met with your Jim Kay over at the Public Works Department, are you aware of the fact that they met? Mr. Campbell: No. Mr. Castro: I`m sorry to say that I did send Mr. Mahoney down prior to coming to the hearing and he talked to Mr. Kay over there and Mr. Kay said, and I'm reading from Mr. Mahoney's letter. It says, "Southwest 7th between 36th and 36th Court is a low point that receives storm run-off from all the surrounding areas including Tamiami Trail. Mr. Kay said that this area is part of a neigh- borhood drainage improvement program that is now under construction, a copy of the plan is enclosed." I have a copy right here if you would like to see it. He did not feel that the new work by the City would completely eliminate the drainage problem but that it would help. Also Mr. Kay did now think the addi- tional parking of the swail area could be contributing anything significantly additional to the drainage problem and then Mr. Mahoney out of his own volition says I agree with that conclusion. !dow, we went in there because we wanted to eliminate the. paving that had been wrongly done in the swail area. We didn't do it because in our conversations between Mr. Mahoney and your Mr. Kay we agreed that we're going to wait until what the decision of the Commission would be today and based on that we will go back in and get everything subsidized in regards to that. With regards to the storm sewers, we also contacted Mr. Kay, we showed him this coves pant anal he expressed that he now doesn't have any feelings t::at we are aggrevating any condition if we go with the covenant in -'^is respect, sir. Mayor Ferre: All right, anything else you want to add? rt 91 JUL 28 1983 Mr. Whipple: Mr. Mayor, I believe we put our recommendation in the record previously, I would just like to comment further, not only is this an in- trusion into the residential area, we feel there are alternative solutions. The applicant has indicated that the critical need is for parking. We would suggest that without a rezoning, a special exception to provide off- street parking providing necessary setback, buffering areas, landscaped areas and walls and meeting current standards would not be that detrimental to the neighborhood whereas a potential commercial development sometime in the future could be. Mayor Ferre: Now, legally how would the applicants go about doing that? Could this Commission do it right now? Mr. Whipple: No, sir, they would have to file a development plan meeting the Zoning Ordinance requirements for a special exception of off-street narkina in an R-district. Mayor Ferre: Let me ask you this. If your intention is just to use the property for parking why didn't you do it that way rather than.... ,- Castro: ��e did it that way because in one lot, and that is facing right there, Lot 01, the one facing 36th, we do have our offices. We have entered into some sort of a disagreement with the City whether it is an accessory use or not, Mayor, and we wanted to clarify once and for all. We do have a C.O. for an accessory use, we do have a license for an accessory use. We have used it. However, this would resolve all our problems and we have agreed by covenent that that office would only be used for that purpose, that we won't be selling any merchandise, we won't be creating any additional prob- lems, an3 with regards to the other matters that have been raised with re- gards to the different non -conformities, all that we have done today is 50% of the non -conformities of the property have now been eliminated as of today. Mayor Ferre: Is that covenant also applicable to 2 and 3? Mr. Castro: Yes, sir, it is applicable to 1, to 2, to 3. Mayor Ferre: I see. Okay. And the question of landscaping, have they vol- unteered? Mr. Whipple: Not to my knowledge, sir, no. Mayor Ferre: I think that is an important consideration. Mr. Castro: I think it is. We talked to Mr. Jimenez regarding that and I told him that if we were successful in this rezoning we have done everything that could be done without the rezoning that we would go back before him and work with any of the non -compliances including the landscaping. Mayor Ferre: No, it has to be voluntary on your part. Mr. Castro: It is voluntary, sir. We are willing to go before the City and install any landscaping that they would like there, sir. Mayor Ferre: And I think you would have to clarify exactly.... Mr. Plummer: No, he still doesn't understand. The Mayor is not referring to the landscaping on your property. !�Ir. Castro: I understand. Mr. Whipple: I believe the Mayor is in part.... Mr. P1,,u=er: That goes without saying. It is mandatory that he has to do it on his property if he uses it, he's got to comply with the parking. Mayor Ferre: No, J. L., the point is this: He is saying that he is willing to covenant restrictions on Lots 1, 2 and 3 so that it would not be used in other than as he specified. 2) There comes a question as to ingress and egress and the question of landscaping. Okay? And he is willing, as I understand it, to volunarily to do that. Now, what that is has to be de"ined and we would have the opportunity to see that on second reading. Nlr. Castro: I will be more than happy to clarify that, and if you will 92 J UI L 2 8 1983 • single out any of the staff that you would like to work on that, sir, I will fully clarify it here. Mr. Carollo: well, I think possibly the best way of doing it, the fair way for the City and the applicant would be he said he is in agreement to do any type of landscaping at that location that the city staff would want him to. Since he is volunteering that, I think the best way to go around it and double seal it that we will have done what we want and at the same time he won't say later on, "Well, you're asking more really than I expected that it.was going to cost" is that at the same time that you're volunteering this to set a maximum price figure on what you're willing to spend to please the City's staff and beautify the area and the landscaping. Mayor Ferre: All right, questions from the Commission? Mr. Carollo: It isn't a question.... Mayor Ferre: Are there any questions from the Commission? Mr. Carollo: I have some but I'm just trying to get an answer from the attor- ney since by law he has to volunteer this, we can't demand it. Mayor Ferre: I stand corrected. Mr. Carollo: Did you understand me, sir? Mr. Castro: Yes, I understand you, Mr. Carollo, Commissioner, but the main thing in here is we will be tied down by the landscape ordinance of the City and we'll be more than glad to comply with it. Mayor Ferre: No, you're not understanding, and there is nothing that we can do, you know, I think it has been said two or three times and I don't think we can repeat it anymore. It has to be - under the law, see, he isn't an attorney, that's the problem. Mr. Castro: Whatever the City will require, we will abide by that, sir. Mayor Ferre: That's not the point. Mr. Carollo: You're volunteering any landscaping, what I'm saying is put up a limit in dollars of what you will be willing to reach in whatever you're volunteering. Mr. Castro: I would say right now off the bat that I'm willing to guazftntee in writing of my own voalition that we will spend $10,000 at least in land- scaping. Mayor Ferre: Well, that is something that you'll have to on Second Reading come back with specific information. Mr. Castro: I will definitely do it, sir. Mr. Plummer: Well, let me understand, that's on his property? Gary: That's all around the area. Mayor Ferre: No, it is not on his property, it is..... Mr. Plummer: But you listen to him. Mayor Ferre: Yes, but look, J. L., on 1, 2 and they are willing to coven- ant certain things, as I understood it. Mr. Plummer: Correct. Mayor Ferre: That they're not going to use it for other than the use of that house on 1 and 2 and 3 they're not going to use it other than as a parking lot. Now, to that end, they have to come back with what would be an acceptable landscape plan, ingress and egress so that it will not impact adversely on a residential community. Now, it may be that that means that they can only egress on 3tth or ingress on 36th Court and 36th Avenue, I 6or.'t know. We'll look at that on Second Reading. In addition to that, they besides putting the buffer zone which they have to do on their own property, thev are going to improve the neighborhood and that, of course, has to be voluntary. 93 JUL 2 8 1983 rt Mr. Plummer: Do they understand that? Mayor Ferre: I was trying to understand whether of not he was volunteering that and I still don't understand that and that is something that he is going to have to clarify. Mr. Castro: Yes. I want to clarify, sir, we would be willing even to go ahead, the $10,000 out of our own volition, if you would like it to go to a tree fund it would be acceptable to us. Mayor Ferre: Well, I would like for it to be in the immediate neighborhood because that is really where the improvements need to be. It has to be within that neighborhood. ur. Castro: Sure, no problem. Mayor Ferre: That's voluntary on your part. Mr. Castro: It is voluntary on my part, entirely, sir. Mayor Ferre: Okay, now, any other questions? Mr. Carollo: I have some additional questions. The map that we have up here for the City and the one they have is quite different, what I'm saying is the colors. He has yellow colors all around showing the same type of zoning and we have some different up there. Now, the property directly across from the area in question here where the Intercontinental Bank Building and their park- ing lot is located, that is between 36th Avenue and 37th Avenue and 8th Street and 7th Street ... Mr. Plummer: No, between 36th Court. Mr. Carollo: 36th Court, correct, and 37th Avenue, 8th Street and 7th Street, what is the zoning of that whole area there? Mr. Castro: It is exactly the one shown here, Commissioner. Mr. Campbell: CR-3/7. Mr. Carollo: Okay, now the one in front of the property that is in question, the one facing 8th Street; again what is the zoning there? Mr. Plummer: The same. Mr. Carollo: C-4, the same. And the one to the right of it on 8th Street is again the same, C-4, correct? Mayor Ferre: And the green is C-4 on the other side. Right? Mr. Carollo: across the street on the corner. Mayor Ferre: That's C-4. Mr. Carollo: That's C-4 and across the other corner is C-4 also, correct? In other words on the corner across from the bank building on 7th Street in 36th and 37th Avenue, that's C-4 too, that corner there that you were looking at before. That is C-4, right? That's different zoning? Xr. Whipple: That could be a different zoning, we don't have an atlas with us, sir. Mr. Carollo: Okay, they have it down as a warehouse area, if I believe I recall what is in that neighborhood I think they've got a body shop there too or something. Mr. Whipple: Yes, I remember. Yes, sir, a body shop/auto repair. Mr. Carollo: Okay, so what I'm seeing is basically that the area is zoned C-4 all around that area, it is all commercial around the area. As far as the objections, I read here that there were four obi-ctiors received in the rail, 21 replies in favor, 34 people in favor present at the Zoning Meeting. Out of the 4 objections, which are they? Are they the ones in red? Mr. Castro: Yes. rt J U L 2 8 1933 0 0 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 700 SOUTHWEST 36TH AVENUE AND 3630-40-50 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO CR-3/7 COM- 14ERCIAL-RESIDENTIAL (GENERAL); BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: none. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city commission and to the public. 55. RECONSIDERATION OF GRANTING OF VARIANCE LOCATED 3639 N.E. MIAMI PLACE AND MOTION DIRECTING THE ADMINISTRATION TO RESCHEDULE AND READVERTISE THIS MATTER. Mayor Ferre: Mr. City Attorney, in Item 47 something has come to my attention that I didn't quite understand before and I voted with the motion. I would like to move to reconsider it. Now, if that motion is successful, since the applicants have now left there is no way that we could hear it so I would then make a second motion that it be rescheduled for a rehearing on the next meeting in September. Is that legal? Mr. Garcia -Pedrosa: Yes, sir, I think you should readvertise though in that event. Mayor Ferre: It has to be readvertised, you've got to notify these people. So based on that, J. L., I pass to you the Chair and I move that Item 47 be reconsidered. :L-. Plummer: Is there a second to the motion For reconsideration? Mr. Carollo: Second. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 83-697 A MOTION TO RECONSIDER RESOLUTION 83-691 WHICH GRANTED A VARIANCE TO PERMIT CREATION OF A LOT WITH AN AVERAGE WIDTH OF 28 FEET (60 FEET REQUIRED) AND A SECOND STREET FRONTAGE OF 25 FEET (30 FEET REQUIRED) AT APPROXIMATELY 3639 N. E. MIAMI PLACE AND NORTHEAST 36TH STREET. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. J U L 28 1983 Mayor Maur' Ferre 0 NOES: None. ABSENT: NONE. Mr. Plummer: The other motion is that it be resceduled for the next agenda and readvertised. Moved by Ferre, seconded by Ferre, any further discussion? Call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 83-698 A MOTION INSTRUCTING THE CITY MANAGER TO RESCHEDULE AND RE - ADVERTISE THE MATTER OF A VARIANCE GRANTED BY R-83-691 TO PERMIT CREATION OF A LOT WITH AN AVERAGE WIDTH OF 28 FEET (60 FEET REQUIRED) AND A SECOND STREET FRONTAGE OF 25 FEET (30 FEET REQUIRED) AT APPROXIMATELY 3639 N. E. MIAMI PLACE. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 56. ACCEPT PLAT "PROFESSIONAL SITE". Mayor Ferre: All right, now I have a notice here from a doctor on Item #55, says he must be in the hospital immediately and he has to... So, is this a controversial item, doctor? Are you the doctor? Mr. Whipple: This is a plat that corresponded with a change of zoning that you approved earlier. Mayor Ferre: All right, is there is a motion on 55 and a second. Further discussion? Does anybody wish to speak on Item 55? Call the roll The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-699 A RESOLUTION ACCEPTING THE PLAT ENTITLED "PROFESSIONAL SITE", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICA- TIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissibner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 96 J U L 2 81983 ABSEP'm: Commissioner Miller J. ^wkinc 9- 0 57. MOTION TO RECONSIDER ACCEPTANCE OF PLAT ENTITLED "GRANT SUBDIVISION". Mr. Aurelio Perez-Lugones: Mr. Mayor, if I may interrupt you, if Item 47 is to be reconsidered, 57 must be reconsidered. Mayor Ferre: All right, I move that Item 57 be reconsidered. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 83- 700 A MCTiCN TO RECONSIDER RESOLUTION 63-692 Wi?ICH RESOLUTICN AC- CEPTED A PLAT ENTITLED: "GRANT SUr7DIVISICN" LOCATED AT NORTH- EAST MIAMI PLACE AND NORTHEAST 36TH STREET. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 58. EMERGENCY ORD: ADOPTING A NEW CHAPTER 52.6 ENTITLED MIAMI SPORTS AND EXHIBITION AUTHORITY OF THE CODE OF THE CITY OF MIAMI, FLORIDA. Mayor Ferre: 76, an Ordinance repealing Ordinance 9527, this is the one that creates an exhibition authority. Mr. Garcia -Pedrosa: Mr. Mayor, that was not published for Second Reading. Mayor Ferre: What do you mean it wasn't published? Oh, it has to be on an Emergency basis then because there was a slip up on the question of advertising. Does anybody have any problem with that? This is the Exhibition Authority, 76. Anybody have any problems with it? Does anybody in the audience have any prob- lem with it? Mr. Plummer: Well, let me refresh my memory. ur. Gary, there is going to be, each Commissioner will be appointing two? Mayor Ferre: That is up to the Commission to do it any way you want. Mr. Plummer: Well, how many are on the Authority: Mayor Ferre: .dine. Mr. Plummer: Then it can't be. Mayor Ferre: Each Commissioner would appoint one, J. L., and the other 4 we will have to do the way we always do these things. Do you have any prob- lem with that? Mr. Pl= ner: Nc. Why can't we have it 10? Mavor Ferre: because you have to go to m Bann odd nuoer, you'd have to go to pp11.. p� rt ! ,JUL 28 983 N Mr. Plummer: Make it 11. Mavor Ferre: Isn't that too big, J. L.? Mr. Plummer: No, it 9 isn't too big 11 isn't that much worse. Mr. Garcia -Pedrosa: You've got 9 voting now. You want to make it 11 votes. Mayor Ferre: We're not going to have any problems with that, J. L., leave it at 9. Mr. Plummer: Leave it at 9. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE REPEALING ORDINANCE NO. 9527, ADOPTED NOVEMBER 10, 1982, WINCH ESTABLISHED THE MIAMI SPORTS AUTHORITY; FURTHER ADOPTING A NEW CHAPTER 52.6, ENTITLED "MIAMI SPORTS AND EXHIBITION AUTHORITY", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PROVIDING FOR A GOVERNING BODY; PROVIDING FOR QUALIFI- CATIONS OF MEMBERS; PROVIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR THE ORGANIZATION OF THE AUTHOR- ITY; PROVIDING POWERS, PURPOSES AND DUTIES OF THE AUTHORITY; PROVIDING FOR APPOINTMENT, TERM, QUALIFI- CAT:ONS, GENERAL POWERS AND RESPONSIBILITIES OF THE DIRECTOR; PROVIDING FOR AUTHORITY TO EMPLOY LEGAL COUNSEL; PROVIDING FOR RECEIPT OF PRIVATE CONTRIBUTIONS; CONTAINING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE, AND WAIVING THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Perez, for adoption as an emergency measure and dispensing with the requirement of readina same on two separate days, which was agreed to by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Perez, adopted said ordinance by the following vote - AYES: (bmmissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS :DESIGNATED ORDINANCE NO. 9662 . The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. Mayor Ferre: The reason why we are doing this on an emergency basis, so the record will reflect properly, is we did vote on this on First Reading, this technically should have been the Second Reading. Unfortunately, there was a slip up. Are you listening to me? Mr. City Manager, Mr. City Attorney and Mr. City Clerk-, you guys have got to figure out a way to work together on these because we get these slip ups - I'm not going to blame anybody here and I'm not going to say who is to blame but somehow the left hand didn't know what the right hand, and we didn't advertise and that's why we're not doing this on Second Reading and as a consequence we reed to vote on it as an emer- gency item. Is there further discussion on this? ,983 rt 9C7 JUL �► 8 i (j 4 0 ld 59. DISCUSSIOii ITEM AND PERSONAL APPEARAINCE OF :•M'•1BEFS OF THE EAST LITTLE HAVANA TASK FORCE CONCERNIN,3 THEIR. FINAL REPORT AND RECOMMENDATIONS . Mayor Ferre: Take up East Little Havana. Go ahead. Your name and address for the record. ms. Maria Elena Frio -Duran: Maria Elena Prio-Duran, Chairperson of the Little Havana Task Force, 35_0 Rockerman Road. On behalf of the East Little Havana Task Force, I would like to formally submit to you the report and the recom- mendations of the Task Force. We all want to thank you for the opportunity to serve, and I wart to thank the Task Force members. I think thev have broken all records for Task Force member participation, and that is Mr. Charles Svet, Edmur.de Aja, Victor DeYurre, Tim Blake, Hector CaDo, Willie •wort, and Dr. Carlos Vicaria, who were here this morning and are back again. I want to `_hank you, very much, and I thin: we all want to thank the Planninc Department. You have got some hard working people there. Very briefly, I would just like to reiterate the magnitude of the needs that we found in East Little Havana area. According to the 1980 census, East Little Havana has the second lowest mean average household income of all the neighborhoods in the City, and the 1980 census, as we all know, does not take into account the Mariel entrants and the other refugees who have since settled there, so if the% were the second lowest, we can imagine that that figure is even lower now. Very briefly, we found high levels of unemployment, pockets of severe overcrowding and deteriorated housing, specific trouble areas where safety is a very large concern of the residents and merchants, flooding, trash on the streets, signs of business disinvestment, and a very large need for social services. We are putting forth to you fifty recommendations. Twenty of those fifty recommendations either require no expenditure whatsoever by the City, or a small amount of expenditure by the City. That is because five apply to the private sector and contemplate private sector action exclusively. Eight contemplate action and funding by other sources, none by the City. For example, the Dade County School Board, Metro -Dade, H.R.S., and the Federal Government. So, while we would like for you to help us out in lobbying for these funds, these funds are not funneled through the City. And of the other seven, they do contemplate City action, but they involve either the amendment of the City Code, they apply to programs already in place with funds allocated, or coordination efforts within departments or the appointment of study groups. Of the twenty-nine remaining, nine, and possibly ten, contemplate partial funding by the City only, and the rest do contemplate primary funding by the City. Some of these recommendations, such as you have seen can implemented immediately and others will require longer range application. The additional request that we would like to submit to you today is that the Commission specify when we can expect some kind of answer as to which of these you plan to adopt, or implement. More- over, as it said in the report, we would like whatever action plan you adopt to be assigned to an Assistant City Manager for implementation and that he in turn appoint a coordinating group within the City. And moreover, although we sunset today, the East Little Havana Task Force, we would like another committee appointed to supervise implementation and to make public a progress report on implementation efforts by the City every `our mon.t:is. That is the extent of my comments and myself and the other members are open to any questions you may have. Mayor Ferre: Madam Chairperson, on behalf of all of us, may I thank you and the committee for your diligence, your hard work. I have never seen, or heard of, a committee that has worked as many hours, as well organized, and with as many positive results as your committee. Ms. Prio-Duran: Now, let me say, those, and I am not including anybody on the Committee, who have, in the beginning tried to play politics for their own political reasons in this to get headlines and to get their pictures taken by newspapers and to try to play this for political values. Those who were sa::ing there are no problems in East Little Havana, there is nothing wrong with East Little Havana, East Little Havana is healthy and growing and doing well - I would hope that the demagoguery that was involved in that process is now lain to rest by the eery clear implication with facts as you have 99 JUL 2 8 IN %#w r T shown, that indeed, East Little Havana is after Overtown, the second poorest area and that there are serious problems that must be addressed and that we don't get into the demagoguery that was implemented by some of those indi- viduals and their supporters who like to throw stones and hide for political reasons. Secondly, may I say that the committee has come up with some very specific recommendations. However, they are in some cases, general in nature, and they need to be more specific for a proper answer. Therefore, I think that your recommendation of an Assistant City Manager's direct participation, Mr. Manager, as a pivot or coordinator, if you will, between the various departments that are involved, I think is essential. Thirdly, I do think that even though the Task Force does sunset, until we get an answer from the Administration on the specific recommendations, many of which concur with theAdministratien's own recommendation, that we ask that you continue until we have a second hearing when the Administration returns with an answer to the specific fifty points. Ms. Prio-Duran: By when do you expect that? Mayor Ferre: I am going to get to all of that and then other members of the Commission are going to want to make statements and then we will get to discussion. I do think that we do have unquestionably, a very. very, diffi- cult month of September because this is budget year, and this is going to be a hot budget year, so I do not think that we can logically address any of these issues until the first meeting of October. In August there is no action at all, because the Commission is on vacation and in September, I don't see any logical way in which the Administration is going to have any time to react to this. I think in the first meeting of October, we will schedule, at the very first meeting - Mr. Manager, that gives you plenty of time to come back. I think you might have sufficient time to perhaps send a written report to the Commission before that, but we cannot schedule deliberations on it until October. Now, lastly, my last comment is this. I know you say that there are many items that require no expenditures by us. There is one in which you are asking for $7,000,000, I think, from... Ms. Prio-Duran: The Dade County School Board. Mayor Ferre: Oh, the Dade County School Board. I want to tell you that the Dade County School Board right now won't even pay for guards that they desperately need to cross streets. If you can get $7,000,000 from the Dade County School Board, I personally will make a motion to put up a statue of you and every member of the committee to go in Bayfront Park along with the other heros that we have in our community. Mr. Plummer: Tht only difference is, these will be solid gold! Mayor Ferre: In addition, I might point out, and I don't say this in the sense of criticizing, but you have statements in the report - no expendi- tures. For example, we need four more inspectors. The assumption is that we have the inspectors, so obviously there is no expenditure, but if the the inspectors are there, unless they are doing nothing, then for them to do something, to implement this is an expenditure for the City, even though it is an indirect expenditure. I think that is a detail which is not im- portant and I don't mean to dwell on it, other than to say that not every- thing that you say has no expenditure has no expenditure! And I think that requires an answer by the Administration on a careful analysis. I summed up what I considered was the expenditure of what you are requesting, and in my opinion, it exceeds $50,000.000. And I think lastly, And to concl+ide my statement, Madam Chairperson, what I am concerned about, is that we bring false hope to people. There is nothing worse than to encourage peo- ple to feel that there is a major breakthrough, and in a matter of a very short time, there is going to be some radical changes, and then, we go through the process, and after a year goes by, nothing has happened, or very little has happened, and the $50,000,000 that had been requested, but not expended, and then people get upset and angry and then they come back and claim that you promised and you haven't delivered, and I would much rather - I hope that when we meet, whenever it is, in August, Septem- ber, October, or whenever, that when we meet to discuss these things, that we will be practical and that we will move forward with you to implement some of these very much needed changes. 100 JUL 2 8 1983 j ld F_ Mr. Dawkins: Madam Chairman, I too, would like to congratulate you and the full Task Force for a splendid job well done, but I have to share the same concerns that the Mayor just expressed. I doubt seriously if you are going to be able to obtain the funds that you have designated from the School Board, from Dade Countv - even Dade County, although we do pay Dade County taxes, or the State of Florida. But, that does not in any way stop me from attempting to help you and the Task Force carry out this plan. I happy to hear you say that Little Havana is the same as other areas in the City and do have overcrowded housing problems, do have poor housine Droblems, do have have poor health care problems, and do have a need for housing. The media reported that an individual said that Little Havana was not a Liberty Cit.:, and I was concerned, in that I know that there are areas that need the things that this Task Force has identified, including, Wvnwood. So, but thanks to the Task Force, the truth is, we have a lot of work to do in all of Miami, to make Miami a better place for all of us to live. The other...I sugcest to Mr. Gary, and he had better stop talking and listen - should you find a City Manager to assign to the Little Havana Task Force, make damn sure .:ou assigr one to Libertv City, and one to Overtown, okay? Thank vou. Mayor Ferre: All right. Mr. Plummer: Was that slip when you said a City Manager, or were you really meaning an Assistant City Manager? Mr. Dawkins: No, I said a City Manager. Mayor Ferre: Now, any other members of the Commission? Mr. Perez: Yes, Mr. Mayor, I would like to recognize the efforts of this committee. As you mentioned at this meeting today, I think that these people have made an outstanding job. We are very proud, and I am sure that the whole community understands the efforts of this group, but I think it is very important to urge the Administration in order to extend the same support that these people received at the beginning. I think that this is very important that the Administration appoint an Assistant City Manager to advise and to work with these people and to bring to the October meet- ing all the recommendations. Especially, I think it is very important to have that from the City Manager's office. I want to reiterate our recognition for this group. Mayor Ferre: All right, Commissioner Carollo? Mr. Carollo: Thank you, Mr. Mayor. I too, would like to compliment all the members of the committee and its Chairlady for the excellent, profes- sional job they did, and I am sure that we are going to be guided by a lot of the recommendations in the future. Mayor Ferre: All right, 3. L.? Mr. Plummer: It is the only committee that I can remember, sitting here for thirteen years that came in on deadline. You did a tremendous job; you did an awful lot of work. I commend you for what you did, and I think you have the vote of everyone on this Commission.; that we recognized when we appointed this Task Force that there is a problem. We do want address the problem, and we will work hand in hand to do what we can with what is available. Mr. Carollo: I would like to add, however, that it might be because it is the first time that we have had a chairman of a committee that has had an extensive experience since she was a little girl, learning from her father's knee, how it was done on time. Mayor Ferre: All right, now it is your turn. Ms. Prio-Duran: Okay, in a- effort to expedite the process of implementation, we tried to send the preliminary report - we did send the preliminary recom- mendation to all the City Department Heads already, so I would hope... and the final report does not differ greatly from the preliminary recommendations, so I would hope that the amount of time required by the Departments to come up with recommendations would be shortened by that. I would like to know ex- actly what is going to happen at that first meetira_ of October. Exactly what is contemplated for that meeting. ld 101 JUL 28 1983 :flavor Ferre: Let me explain the process, Ms. Duran. This is the last meet- ing that the City of Miami Commission will have until the first week in September. In September we will have five, perhaps six meetings. They deal with the budget. This is the time of the year when this part time Commission almost goes full time in budget hearings. We go through every department. We listen to proposals. In addition to that, since we have been away for a full month, there is a full agenda, usually on the regular Commission meet- ing and there is a full agenda on the Zoning Commission meeting. There is no practical way in which we can take this matter up in September. The first meeting in October will be on the first Thursday and at that meeting...I think it is the second Thursday... Mr. Gary: That is not enough time. Mayor Ferre: Ail right, well we are going to get to that in a moment. When- ever it is that we meet, your fifty proposals will have been analyzed - all, or maybe half, or a third, which is perhaps the way to identify those that are City of Miami oriented, that are mcst important, and perhaps the Manager micht- say, "I need fur`_her time to deal with these five items, but these fifteen items we can deal with immediately", and I don't think we can put off the process. We may have to say that ... the Manager may have to say that he cannot deal with all of the issues at one time, but certainly there are many of issues that can be dealt with, and at that meeting, he and his staff will come back - he will have by that time appointed somebody to be the pivot person, man or woman, on this and hopefully there will be some specific recommendations for implementation. You may disagree, and at that point we will have a debate about it and the Commission will make the decision. Ms. Prio-Duran: I would like to let you know that this week I received, and I am meeting with, two very large South Florida investment companies, who have contacted me, and they have told me almost verbatim the same things both com- panies, they have said - Certain things turn around rather quickly in Little Havana and East Little Havana and we can be guaranteed certain things, we would like tt: invest in Little Havana. I am meeting with these two gentlemen tomorrow, and they are very large investment firms, so the quicker we move, the better it is going to be for all of us - the better the investment. Mayor Ferre: I might add, and there was an article I seen in one of the newspapers that Mr. Luis Botifol, who is the Chairman of the Board, as you know, of a large bank in Miami - the largest Latin bank in Miami, is currently making loans, and I think it would be proper, if you wish to do that, perhaps to contact him also, because he has some very specific ideas about the develop- ment of that area and I think you might want to pursue that. Ms. Prio-Duran: Thank you, Mr. Mayor. I have to get it in; I think that your estimate is somewhat high of the amount of money involved in this. Mayor Ferre: What is your estimate? Ms. Frio -Duran: Well, I would rather not give an exact estimate, because we have cut... no, but I would say less than half of your estimate. What will be! Thank you, very much. Mayor Ferre: Ckay, that is something that, Mr. Manager, when you do come back with your report, and I think it might be an appropriate thing, Mr. Manager, is at the first meeting of September, you might tell us where you are after five weeks, and where you think you are goinq to be in October. I don't mean to get any answers, but to say "Look, we are only going to deal with these three items", or... Mr. teary: Yes, but I don't want to give people false hopes either. You know, we have got a staff going on vacation in August and we have budget in September. Mayor Ferre: Can you do it by the 29th? Mr. Gary: 29th of what? Mayor Ferre: Of September. This is an update of where you are. In other words, before we get to the October meeting you tell us "All right, I've appointed a task force; the Chairman of the task force is so-and-so; here is how we are dealing with it. We are not going to deal with fifty items, :4e are only going to deal with ten items; here is what they are, but they will be ready for the first meeting in October". Id 102 J U L 2 8 1983 4 0 Mr. Gary: Yes, we can do that. Mr. Plummer: I would hope that we can maybe take a little different strategy. Mr. Manager, I would hope that you could come back, whether it is the end of September, in your update, or October, and I think it would be very nice if you could come back to this Commission and identify... let's just say, I will pull out of the thin air, five items that are doable, to indicate to the people that we are behind and you can identify those five items that we can at least go forth and say to the public, "These are doable, we are going to move on them", and you know, there is nothing that is better than to show results, and I think if you can come back with a positive attitude in October, if that is what it is to be, "These are doable, and here is what I recommend that we do and how we proceed". I think that is the best attitude to take. Mayor Ferre: Okay, now, I have here a letter addressed to me from the Little Havana Development Authority, signed by Hilda Rodriguez, Director, and a copy of a June letter to you, Mr. Manager, (she copied you) as I see in this letter addressed to me, which she asked that I bring out at this point, (perhaps she wants to speak for herself). In it she says that in 1979 the Little Havana Development Authority prepared a study for the '_'. S. Department of Commerce Economic Development administration on the retention and development of re- tail businesses in the Little Havana District, and in June of '80, the Development Authority developed a plan for commercial park, Latin Quarter, Miami, Florida, for the City of Miami Department of Community Development, and the Department of Trade and Commerce. "The basic components can be applied to a commercial development by the Miami River, integrating it with Jose Marti Park and presently under construction. Now, the L.H.D.A., in past performance has a successful track record in implementing projects. At the present time, they are anxiously awaiting an approval by the City of Miami to start work on any of these detailed projects and specific proposals to implement". Now, as you know, we had some Government officials here the other day, request- ing that the City of Miami make proposals for U.D.A.G. grants, and I think this is an area that really should be pursued immediately and that is something_ that I would hope that by the first meeting in September, Charlotte Gallogly, or the appropriate person will have any answer to. Mr. Carollo: If I may, Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Carollo: This touches on something real briefly. I think that most of us will recall that a couple of weeks ago, we read that Miami Beach had turned down some Federal grants for moderate, low income housing in Miami Beach. That money originally was money that the City of Miami had competed for. There were some areas in the City of Miami that different people were competing with the Beach for that money. The Beach won, and now they have turned that money down, so what I would like for the Manager to do, and I would be more than happy to take some time tomorrow, is to see if we can move on that right away, because the site the City of Miami...is public housing, of course. Well, in this particular project, it met all the requirements, Mr. Mayor, and George Perez was the individual involved and the site was over at 12th Avenue and 1st Street - the tire place, there. I don't know whatever happened to those plans, I am sure they have them on file and I have a copy of part of it there, and they were planning on making shopping at the bottom and affordable units in the too floors, so I think if we move on this quick, get a hold of George Perez, talk to the owners of that location, I am sure they would be willing to sell - I think we still might have a shot at getting those funds for that project. Ma::or Ferre. All right, I think I remember that. Is that possible, Dena? Ms. Spillman: It is my impression it was a Section 8 prc:ject, and if those funds were lost and returned to H.L.D., I don't think we can get them, but I can certainly find out tomorrow if it is worth a try. Ma::or Ferre: Well, I am going to tell you what. You f.,.nd out; you call up Joe Carollo and he is going to call up Senator Hawkins, because if anybody can do it, that is who can do it, okay? Ms. Sci'_lman: Ckay. :savor Ferre: And I thjr that is the on!- way that we can... and I think that is a great idea. 103 ,J U L 2 8 1983 id 0 Mr. Carollo: It is approximately 800 units, if I recall. Mayor Ferre: Oh, boy! I don't why we didn't think of this before. I thought George Perez was working on something like that, wasn't he? Mr. Carollo: Well, not in this area. See, they came Number two in the running. The Beach won over us. So, if they don't want public housing, we will certainly take it! Mayor Ferre: Don't call it public housing, because it is really Section 8. Public housing is something else totally. Mr. Carollo: Well, I understand, Mr. Mayor, but it is in the same train of thought. Mayor Ferre: Yes, but the City of Miami cannot get public housing funds. We can get Section 8 funds. Okay, thank you very much again, for your participation. Are there any other statements or questions on this general subject^ ---------------------------------------------------------------------------- NOTE FOR THE RECORD: Agenda items 75 and 88 were continued. ---------------------------------------------------------------------------- 60. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED CABLE T.V. LEGISLATIVE EFFORT BOTH CONGRESS APPROPRIATING FUNDS IN THE AMOUNT OF $50,000. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CABLE TV LEGISLATIVE EFFORT - 98TH CONGRESS"; APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $50,000, FROM REVENUES AVAILABLE FROM CABLE TV LICENSE FEES FOR THE PURPOSE OF ADVISING LEGISLATORS OF THE CITY'S POSITION REGARDING PROPOSED FEDERAL LEGISLATION AFFECTING CABLE TELEVISION AND THE CITY'S REGULATION THEREOF; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO -EXECUTE AGREEMENTS FOR PROFESSIONAL SERVICES AS NEEDED TO CARRY OUT THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND WAIVING THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE :MEMBERS OF THE COMMISSION. 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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre :TOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Carollo and seconded by Commissioner Perez, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor !Maurice A. Ferre LACES: None. ABSENT: None. 104 J U L 2 8 1983 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9663. 4 a 0 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 61. DECLARING THE MOST ADVANTAGEOUS METHODS TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND, PROJECT KNOWN AS "GROVE MARKET". AG 71 Mayor Ferre: I don't often agree with Miami Herald editorials, but they wrote one on this matter which I think was a very well written editorial, I wonder who wrote it. It says, "Grove a challenge". Mr. Carollo: Well, I'll tell you, Mr. Mayor, i was really going gun-ho on this _project until I read that, I'm beginning to wonder now. :Mayor Ferre: 'ou were for it before you read it. All right, go ahead, Mr. Manager. Mr. Gary: Mr. Mayor, there is a resolution to the problem or the uncertainty as to how to proceed in this matter at the last meeting. We have agreed that this type of a project after further study is in the best interest of the City of Miami and if it is in the best interest of the City of Miami it is a project that should begin immediately and it removes all doubts of whether or not the project will be going and whether we're proceeding in the right direction. As a result, we have agreed that we should proceed under the new procurement ordinance under the unified development project aspect of that ordinance and that there will be a buy-out provision in the case that the current owners are not the successful bidders which means that they protect their interest which has been granted to them by this City Commission over a long period of time which is also to be extended into the future to the year 2007, but it also recognizes the fact that we are serious about moving ahead with the project and whoever is the successful winner will begin the project immediately. We think this is the best approach other than going, in addition to going to the referendum, we think this is even better. Mayor Ferre: Mr. City Attorney, are you recommending this legally? Mr. Garcia -Pedrosa: Yes, sir. The other thing is this, Mr. Mayor, this is the only way legally that the City can insure that this project is what gets built on this property. For example, a mere extension, as we discussed at the last meeting, would not achieve that guarantee. So this in essence gives the City that assurance which otherwise legally we would not have. Mayor Ferre: All right, Mr. City Attorney, you came to see me on this matter and I listened to you and I want to just go on record saying that a lot of times, you know, we get into the whirlwind of words around here, I think that is one of the best pieces of lawyering that I have seen in a long time and I think I want to commend you for coming up with what I think is an exceptionally clear and fire legal position which I think solves the problems of all of the people that had serious concerns. I frankly don't know, and please forgive my rough language, but I don't know how in the hell the Miami Herald, I have never seen anything like this in the thirty years that I have lived here and watched the Herald editorialize, I've never seen them do something like this. Whoever was responsible for this achieved, I think, an unbelievable..... Mr. Carollo: Can we have a covenant that now nor at any time in the future are we going to find that the Herald is a partner of this project? Mayor Ferre: With TCI? Mr. Carollo: Well, if we don't learn from history - history repeats itself. Mayor Ferre: All right, do you wart to add anything? :fir. David Block: Yes, sir. :Mayor Ferre: Ch, I'm glad you don't so & hen we're ready now to vote on this. tLr. Block: I gust wanted to add that we have reviewed the alternatives and based upon the, Code and Charter and after consulting with the City we II�� A rt 105 JUL 2 8 1983 0 concur with the City that to unify the lease and to extend the lease term for an additional 26 years and to facilitate financing of the Grove Market Project we found this an acceptable procedure. We just want to be assured that we have no problems with the Unified Development Process as long as we have cur investments in the properties fully protected and as well as protecting the value of our vested rights for the next 24 years, as long as that is protected we have no problem. Mayor Ferre: All right, is there anybody in the public that wishes to ad- dress this issue? Are there any other questions or statements by members of the Commission? Air. Plummer: How soon can we ao out? Mr. Gary: Mr. Mayor, we need to have the authorization frcm this City Com- mission to proceed.... Mayor Ferre: I'm going to do that right now, in fact, I'm going to read it into the record so there is no question as to what we're voting on. This is a resolution declaring that the most advantageous method to develop cer- tain improvements on City -owned land is by a unified development project and it authorizes the City Manager to prepare a draft request for a unified development project proposal and setting a public hearing on September 7, 1983 at 2:30 P.M. to make testimony regarding a request for a unified develop- ment project proposals for a waterfront oriented entertainment complex includ- ing food and beverage services and retail shops located in the Dinner Key area of Coconut Grove to be known as "Grove Market", authorize the issuance of a request for proposals, select a certified public accounting firm and appoint members to a review committee to evaluate proposals and report findings to the City Manager as required by the City Charter and Code. Air. Gary: Mr. Mayor, I'd like to make one exception - there is no way in the world we can do that by September 7th, the same applies as we did with the East Little Havana Task Force. We've got to go to the first meeting in October. Mayor Ferre: Is that going to create hardship? Mr. Gary: Either hardship or it won't get done. Mr. Block: Well, we obviously prefer to do it as quickly as possible... Mayor Ferre: No, sir, I didn't ask you that question, I asked you for a yes or a no answer. is this going to create hardship? Mr. Block: We'll work with the City Manager. Mayor Ferre: The answer is no? Pir. Block: The answer is if it is October then we'll go to October. Mr. Plummer: That's called a definite maybe. We'll work with the City Manager and his schedule. Mayor Ferre: All right, with that stipulation, is there a motion? Carollo :roves. Is there a second? All right, Plummer seconds it. Is there further discussion? Mr. Gary: Public hearing date. Mayor Ferre: I read the resolution and the September 7th obviously has to be changed to the first meeting of October which is what you requested. I said as stipulated, as stipulated means that September is now October. Fur- ther discussion? Call the roll. rt 106 JUL z a 1983 6 0 The following resolution was introduced by Commissioner Carollo, who moved its adoption: EESOLUTION NO. 83-701 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND IS BY A UNIFIED DEVELOPMENT PROJECT: AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR A UNIFIED DEVELOPMENT PROJECT PROPOSAL: AND SETTING A PUBLIC HEARING ON OCTCBER 13, 1983 AT 2:30 P.M. TO: TAKE TESTIMONY REGARDING A REQUEST FOR UNIFIED DEVELOPMENT PROJECT PROPOSALS FOR A WATFR.FRONT- ORIENTED ENTERTAINMENT COMPLEX, INCLUDIING FOOD AND BE'Tr.P.AGE SERVICES AND RETAIL SHOPS, LOCATED IN THE 01%NLER KEY A2LA OF COCONUT GROVE TO BE KNOWN AS "GROVE MARKET", AUTHCRIZE THE ISSUANCE OF A REQUEST FOR PROPOSALS, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM, AND APPOINT MEMEERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MA13AGER AS REQUIRED BY THE CITY CFARTER AND CODE. (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 Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: None. 62. ALLOCATE $400,000*OF COMMUNITY DEVELOPMENT JOB PROGRAM FUND PREVIOUSLY APPROPRIATED BY ORDINANCE 9631 ADOPTED JUNE 9TH TO FOUR HEREIN NAMED NEIGHBORHOOD BASED AGENCIES. Mayor Ferre: The next item is a Senior Centers for Dade County Jobs Bill Funding, #94. Ms. Dena Spillman: Mr. Mayor and members of the Commission, very quickly, we had come to you with a proposal for jobs bill money for Little Havana which did not include the Senior Centers of Dade County, you told us to go back with a revised recommendation to include all the agencies which had been specified which we did. I would like to say that the programs that Senior Centers of Dade County profferred were really not appropriate for the Jobs Bill so we will work with them to develop a program which would be accept- able and I think we can do that. Mayor Ferre: I think we would be very happy if you could bring marriages around... Ms. Spillman: I think we have :o. Mayor Ferre: And since we have the distinguished President of Camacol here, I would like to commend to Camacol that you adopt one of these other organiza- tions and bring them into the fold so that instead of a $100,000 project you'll have a $200,000 project jointly with Pepe Navarro of Senior Centers of with the Rafael Villaverde Little Havana Community Center. Those are two, and I would recommend the Inter -American Chamber of Commerce that they also merge with another one to do a joint venture. Ms. Spillman: That would work much better. Mayor Ferre: Rafael, if you would pass that on to Pepe, I think Mr. Satz would be most grateful if you could pass that message on. i, n 1983 .10'7 rt 4 UNIDENTIFIED SPEAKER: Mr. Mayor, I would be happy to do so and I would be happy to work wity you and to work with the other agencies. Thank you, sir. Mayor Ferre: Yes, Mr. Hadley. Mr. Charles Hadley: Mr. Mayor, I want to say this to you. We have been here before for hungry people and we are very grateful for your help and support. We need you now. Our hungry line is getting longer and I hope you will include the Claude and Mildred Pepper Tower in that, Claude and Mildred Pepper Tower, it comes under JESCA. :Mayor Ferre: Charlie, you're on the wrong issue, this is job training. This is money for.... Mr. Hadley: No, when you talk about job training I would like to suggest to you send them on over to Lindsey Hopkins on 20th Street, if not Dade County Community College, we've got plenty of places that will take care of them. Please do so, we've got empty spots. You don't have to build no more, you don't have to sit here and talk like you've been doing every summer spending millions of dollars of the taxpayers' money - no training. .Mr. Gary: Mr. Mayor.... :Mayor Ferre: All right, thank you, Mr. Hadley. All right, now Mr. Perez has to go for a half an hour, he'll be back and we'll take up Item 59 then but now we need to get back to the regular agenda and I think the next item was 58 wasn't it? Mr. Gary: Did you vote for 94? Mayor Ferre: I'm sorry, there's a motion by Demetrio Perez seconded by Plummer on 94 as recommended by the Manager. Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: 'RESOLUTION NO. 83-702 A RESOLUTION ALLOCATING $400,000 OF COMMUNITY DEVELOPMENT JOBS PROGRAM FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 9631, ADOPTED JUNE 9, 1983, TO THE FOUR (4) HEREIN NAMED NEIGHBORHOOD -BASED AGENCIES FOR THE TIME PERIOD COMMENDING OCTOBER 1, 1983 AND ENDING SEPTEMBER 30, 1984; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH SAID AGENCIES SUBSTANTIALLY IN ACCORDANCE WITH THE PROPOSALS SUBMITTED BY SAID AGENCIES. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -!Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 'TOES: None. ABSENT: None. Jul 2 S 1983 rt 108 0 63. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED AMENDMENT TO ORDINANCE NO. 9500, SECTION 1550 ENTITLED SPI-5, BRICKELL- MIAMI RIVER RESIDENTIAL OFFICE DISTRICT. (SEE ALSO LABEL 76) Mayor Ferre: Take up Item 58. Mr. Sergio Rodriguez: For the record, my name is Sergio Rodriguez, Director of the Planning Department. gust to make clear the different portions of the item that you have in front of you today, the first part of the item deals basically with housecleaning amendments, housekeeping amendments and they are basically reflected in Paragraph 1 of my memo of July 21st. These items which are in that paragraph, we believe you shouldn't have any problems in going along with them, they are similar to the amendments to the Zoning Ordinance, 9500 that we have brought before you on other occasions and it is basically to take care of some omissions and corrections and things like that, mistakes tat we have in the Ordinance now. The basic point of difference that we have had until now have been basically the situation of the floor area ratio and the implications that this has. At this point, last time when we met with you about one month ago we left with an amendment offered by Mayor Ferre in which the base Floor Area Ratio was left at 3.0, there was a retail bonus of .5, an underground parking bonus of .25, off -site residential bonus of 1.0 and then for a total office Floor Area Ratio of 4.75. In addition to that, there was an on site residential bonus of 1.0 to give to this area a Floor Area Ratio maximum of 5.75. You directed us to also look into the underground parking and the off -site residential bonuses to see if we will change the rate by which these bonuses will be granted, t:he retail and the underground parking. The Planning Department presented to you last time a recommendation on a Floor Area Ratio. Mr. Traurig made a recommendation that was much higher in base Floor Area Ratio. We further recommended that before we could recommend an increase in intensity that we needed to have a trans- portation system management plan that would address some of the issues that we felt were important. We also recommended an -off -site housing bonus that we had no prepared in detail at that time for which we asked you at that time to give us some time to come for a recommendation. The position that we have at this point is basically that we are here presenting to you basic- ally the Floor Area Ratio breakdown as you asked us to bring to you before. We keep recommending that before we increase the base Floor Area Ratio sub- stantially for the area that we have the benefit of a study that will tell us how much the area can take in the way of transportation and before we can come up with a final recommendation on the off -site housing issue, that we have an opportunity to look at this in more detail. We hale done some preliminary research on this but at this point we are not ready to make a recommendation on this in a final form. Mayor Ferre: Does anybody else want to say something? Jack? Mr. Jack Luft: Mr. Mayor, my name is Jack Luft with the City Planning Department. This issue boils down to basically two questions that the Department has expressed concern about and that is the question of the off - site housing and how do we do it and what kind of parking controls can we provide while we are doing a transportation system management plan. This is assuming that as you expressed at the last meeting that you wish to proceed with some sort of definition in this zoning while we are going through a several months stud: of the parking and that we don't hold every- thing up until the parking study is done, that we try to get something, settled now. I'll address those two issues. Concerning the off -site hous- ing, I have done quite a bit of research very quickl,r.... Mayor Ferre: wait a minute, Jack, not very quickly. You've been dealing with this thing for well over a year. I know for a fact that you have spent hundreds of dollars in calling San Francisco so don't come telling me very quickly. Mr. Luft: Perhaps thousands. Okay, it just seems quick. The conclusion that we have reached on a preliminary basis at t^:is point, cur conclusion is that there are feasible mechanisms for ar. office developer to partici- pate in an affordable housing program. There are several possible ones, in all orobability the best one is a direct cash contribution to a second mortgage housing program administ_red through the City. Fortunately, we rt 109 J U L 28 1983 have some of those mechanisms in place that we can turn to. The question then becomes how much of a contribution and what does it achieve and what are some of our basic parameters that we're trying to achieve here. In downtown Miami there are approximately 80,000 employees in the central bus- iness district. Today, 92% of those employees leave the City of Miami at 5 O'Clock. Only 8% of the downtown employees live anywhere in the City of Miami, much less downtown. Mayor Ferre: How many? Mr. Luft: 92% of all employees in the Central Business District, Brickell, Downtown, Omni, live outside the City of Miami. As a percentage city-wide, 38% of all people working in the City in 1970 lived in the City. That has now fallen to 29% on a city-wide employment basis. Mayor Ferre: All right, repeat those figures again because that's important. Mr. Luft: In 1970 38% of all the people employed in the City of Miami lived in the City. In 1980 that figure fell to 28%. So what we have been seeing is we're losing more and more of our employment base, population to housing outside the City. In the downtown it is particularly critical, 92% of those people are leaving. The point of all of this is to establish a goal. Mr. Carollo: Excuse me, those figures that they gave, this is out of approx- imately how many employments that we have in the City of Miami? Mr. Luft: There are approximately 320,000 people employed, jobs, in the City of Miami. Approximately 80,000 of those are in downtown. Mr. Carollo: So in 70 38% lived in the City. Mr. Luft: That's right. Mr. Carollo: It has dropped clown to 28% now. Mr. Luft: That's right, in 1980. Now, in San Francisco, as a comparison since they're struggling with this issue, approximately 40% of the people that work in San Francisco live there. Okay? And they have decided in that City to maintain that percentage as best they can to try to keep their hous- ing stock growing at that rate to capture those percentage of people. If we use downtown, since that's what we're talking about and not the entire City, and Brickell, as the basis for our objective, and we realized that in the neighborhood of 10% of those people today are living in the City . 110 J U L 28 1983 0 Mr. Luft: (con't) If we use downtown, since that is what we are talking about, not the entire City, and Brickell, as the basis for our objective, and we realize that in the neighborhood of 10% of those people today are living in the City, and we set for ourselves (what is the word?) moderate goal of maintaining 10% of our employment population, as residents of the City, and we choose not to let that fall to 5% or wherever, then usina that 10% goal and working through some figures that have been given to me through the San Francisco ordinance, and from National Association of Housing and Rehabilitation offices, and Urban Line Institute, and on and on, we have concluded that taking average figures, we are going to have to build about a 720 square foot unit to house 1.8 employees, as the average number of working adults in the residential units, and we are going to get lost in a lot of these numbers, because the numbers go on for pages. Mayor Ferre: You need 7Z0 square feet for 1.S adults? Mr. Luft: Adults - we have about 1.8 adults per housing units in this Cite. "favor Ferre: How can that be, Jack? That is less than a hotel room. Mr. Luft: 720 square feet - on an average you need, as a minimum, not an optimum, but as a reasonable number, 400 square feet of housing per person, okay? So, if you have 1.8 adults, you are going to have the 720 square feet. That is leaving aside the issue of kids. Now, to provide that 720 square foot unit for an average family of working adults, who are within 80% to 120% of the median family income in this City - now that is what we call middle income - how much can they afford to pay for housing? We are assuming that that middle income family can pay no more than 35% of their gross monthly income for housing costs. Let's assume they are buying the unit, not renting. That includes mortgage, taxes and insurance - 35% of their gross monthly income. Working with this number, we are going to have to understand what does it cost a housing developer. Suppose Arvida comes in and wants to build housing downtown. What are they going to have to get for a housing unit on a square foot cost - sales basis to make it worth their while to build market rate housing in downtown, or anywhere. In town situation, I find around the country in similar circumstances, developers are having to get about $110 a square foot, sales price for their residential unit to make it worth while for them to come in and creatively build affordable housing. The conclusion is, that little income family to afford that housing unit, is going to have to have a separate mortgage subsidy of about $23,000. That is the only way they are going to afford to get into the unit, and that is why the housing isn't being built today, be- cause those families cannot find that second mortgage for $23,000. What we are saying here, to keep that 10% figure for office development over the base F.A.R., that this Commission chooses to establish on Brickell. For every square foot of office over that base F.A.R., if we get a $4.00 per square foot contribution from the office developer in exchange for a bonus of up to 1.0, we can provide those 1.6 employees on a logo capture rate, an affordable housing unit of 720 square feet that will fit within the median income range and make it economically attractive for a developer to build it. :savor Ferre: All right, let me ask you... Mr. Luft: That means S4.00 per square foot. Mavor Ferre: Let me ask you specifically - on that $4.00. You are talking about $4.00 per square foot of gross net building. Mr. Luft: Of gross office square footage. Mayor Ferre: Okay now, with that $4.00 contribution, does that go into a second mortgage fund? Mr. Luft: That's correct. mayor Ferre: And they get a return on that? Mr. Luft: In San Francisco, they tion pool, where over a neriod of the value of that residential unit time that unit is sold, the owner, have structured it as an equity apprecia- 30 nears minimum, they are -assuming that is going to aFpreciate and that at the who, depending on how much he got out of id ill JUL 281983 0 that second mortgage, pays back that second mortgage and that the... Mayor Ferre: To the holder of the paper. Mr. Luft: To the holder of the paper and in San Francisco, those developers then, get a payback on that scheme. Mayor Ferre: Let me understand this... Mr. Luft: But, I am not necessarily suggesting that here. I am saying... Mayor Ferre: I need to co through the process. Mr. Luft: Okay. Mayor Ferre: If the develozer here is going to put up a million square feet of gross space by the time thev are finished with their project, what you are in affect requesting is a $4,3D^,000 contribution... Mr. Luft: Above the base F.A.F. Say that have a base F.A.R. of 3. Mayor Ferre: All right, okay, I've got you. Mr. Luft: This is a bonus, now. This is not a flat requirement on every- thing. Mayor Ferre: In other words, if there is 100,000 square feet feet on that 1.0 bonus that they are requesting,.. Mr. Luft: $400,000. Mayor Ferre: Then they are contributing $400,000. Well, I will tell you, you are not going to build good looking houses that way! Mr. Luft: You are right! Mayor Ferre: That is number one, and number two, let me tell you, I think if you make it on a voluntary basis, it will never happen. What is happening in San Francisco? San Francisco happens to be the city that has advanced the most in that particular issue in the United States. And they have been doing this now for what, a year? Two years? Mr. Luft: Two, three years now. Mayor Ferre: And as I understand it, it seems to be working. Mr. Luft: They are proceeding along. They have got $17,000,000 in their second mortgage fund. Mayor Ferre: Well, I can't understand how in the world... it is not based on what you are talking about! Mr. Luft: Anything you build in San Francisco, you pay! '•Savor Ferre: But it is a mandatory thing. Mr. Luft: That is right. Mayor Ferre: I'm going to tell you right now, and I told you this last week, and I am going to repeat it to you and I am going to say it on the record. This vote here - I do not think that the request of F.A.R. means anything. I don't you know, and there I totally disagree with the Miami Herald editorial position in this morning's "Brickell - A Caution". As usual, when they talk about these things, they don't know what they are talking about. I don't think it makes any difference, whether it is 4, or 5, or 6, or 7, that is not the main issue. The main issue is, how is it going to fit, and what is going to be built there, and what amenities can we get. The main problem that I have is not F.A.R. - I don't care about"F.A.R. I need to know how many parking 1d 112 JUL 2 81983 L 4 f spaces there is going to be and where, and who is going to pay for them, and if they are not on site, how are you going to bring the people from the off - site parking to the on -site parking? Because what really bothers me, is to see Brickell Avenue develop in such a way that we would end up with ten and fifteen stony high parking garages lined up and down Brickell Avenue, and that is where we are headed. That is what bothers me. That is what would dehumanize Brickell Avenue. That is what concerns me. The other thing that concerns me is - yes, we keep talking about housing, but I don't see anybody doing anything about it. I don't see any housing going on, other than the high income, and high moderate income on Brickell Avenue, because the average person in Miami, of the 82,000 that are working in downtown, cannot afford to buy an apartment on Brickell Avenue, and I don't see anybody in this town addressing that particular issue. Now, that is what you are trying to address, and I think that the only way we can deal with it is the way San Francisco dealt with it, and that is head on! Mr. Carollo: I make a motion that we send the Mayor to San Francisco to meet with Sister Boom Boom so that he can be enlightened! Mr. Plummer: Sister Boom Boom? Mr. Carollo: You didn't hear about her, hey? Mr. Plummer: Does she pray? Mr. Carollo: Allah! (LAUGHTER) Mayor Ferre: You guys really know how to hurt a guy, don't you? Mr. Plummer: Shoot the way he wants to. Mr. Carollo: Save those minutes for the Comrade when he comes back. Mayor Ferre: All right. Mr. Carollo: Mr. Mayor, I think that your statements are right to the point. I think that is one thing that we definitely have to avoid. We can't have parking garage after parking garage going up on Brickell Avenue. I think that is going to destroy a lot of what we have done so far on Brickell. How- ever with that same train of thought, I don't think it is practical, nor are you going to get developer's coming in that portion of Brickell from Coral Way to downtown Miami that are going to be willing to put housing, or is it going to be all that practical for them to put housing on that part of Brickell. The area that I think we should look at, so that some of these parking garages can be placed, including some housing for the people who work in Brickell and downtown Miami, the area right behind Brickell, South Miami Avenue - that whole area. I think that is the ideal area where we have to look for housing and to place the parking garages out of the way, so that it is not an eyesore for the garages, and at the same time, it could turn out to be an extremely attractive area for apartments, so I don't know how we could direct potential developers to go that route, but I think that is the most sensible way to ao, in my opinion. Mr. Luft: The assumption of the off -site housing bonuses is that we were not building housing on Brickell Avenue, but we were seeking out those inner- city neighborhoods where it was practical and desirable. I don't know whether I should wait until the Mayor returns to respond to his point about meeting this head on or not. Essentially, the directive we have is that we were dealing with an off -site housing bonus and that beyond a certain base F.A.R., we were going to exchange additional office for a developer contribution to an affordable housing program, and as I understand the Mayor's last comment, he is saying that there is not a base F.A.R. from which we move up from, but that starting at ground zero, every square foot of office that is built generates a certain participation in our housing program. Mayor Ferre: It has got to be that way. Mr. Luft: I will candidly say to you Mayor, that if we do it on the bonus basis, above a base F.A.R., you are probably not making a meaningful dent.... Mayor Ferre: I think you are absolutely right. Mx. Luft: .... in the housing program, because we are really not talking about very much money, and not very many housing units. Id 113 J U L 2 8 1983 0 Mayor Ferre: Jack, I thank you for your very thorough investigation. I think you mean well, but I think you have come back with something that doesn't mean very much. The only way we are going to make any kind of a dent, is for it to be mandatory. I cannot... this vote on this Commission will certainly not go for one of these wishy-washy-maybe things. If we are going to do it, we are going to do it. There is no middle ground. Mr. Luft: Well, if we do it that way, then I would assume the proper mechanism is to make the contribution in effect an investment in a second mortgage program through which the money is recycled, and comes back to them in a period of time. :flavor Ferre: I am for that. Mr. Luft: And it is not a flat out contribution or gift, but set side a fund, that through the second mortgage program can start. Mayor Ferre: San Francisco is already up to $17,000,000, and they have been doing it for three years and I think it makes a lot of sense, now that is one man's opinion. Mr. Carollo: It certainly does! Mayor Ferre: You want housing? That's how you are going to get housing. Counselor, with that for an opener, would you...? Mr. Plummer: Good to see you, Conrad Hilton! Mr. Robert Traurig: What time did you say you are going to leave, Mr. Plummer? Mr. Luft: My second item was the parking issue. Mayor Ferre: Oh, I am sorry. Excuse me, I thought you were through. Mr. Luft: And concerning the parking issue, in lieu of a parking study, or a transportation management plan, which will have to come later and which we feel the mechanism is there to produce that by virtue of the development order for Tishman Spire & Nasher Plaza. Those two projects in particular are required to pay for an over-all traffic management plan, which should be- gin, we feel, within thirty days of final approval of those projects. So, until that plan can be done, we understood your question was, what general guideline, or what guidelines can we have for controlling parking until that study is done? We are suggesting to you these kind of numbers - that a minimum parking requirement, they are going to have to build something, and that minimum should be no less than one parking space for every one thousand square feet of office development of non-residential development. That, by the way, is about what Southeast Bank is building downtown. Mayor Ferre: Which is not enough! Mr. Luft: Which is not enough. Mayor Ferre: But, I want a make a point at this juncture. I am totally opposed to the full impact of parking on Brickell Avenue. If we go to what is needed, Brickell Avenue will indeed become a concrete monster, so I am totally opposed to forcing the developer into building all of the parking that they are going to need - as a matter of fact, I think we should do just the opposite - which is to restrict the parking that they can build. How- ever, they must build sufficient parking and it must be off -site parking so that we will have parking within a reasonable distance, and we are going to have to talk about how people are going to go back and forth from where they are going to be parking. Mr. Luft: Well, we have a minimum of one space per 1,000 square feet. We have a maximum in limit you were talking about of one space for every 600 square feet of office. We would not permit, in any circumstance, more than that on site - more than one space per 600 square feet of office. That is the most you can build. Now... Ma:•or Ferre: In other words, for 1,000,000 square foot complex...let's say for a 600,000 square foot complex, the most they could build, would be 114 JUL. 2 81983 ld 4 0 1,000 units, parking in this, and the least the.; could build, is 600. Mr. Luft: 600. Mayor Ferre: Got it. Mr. Luft: Now, we would further suggest, that in the interim, of the re- quired amount of parking, not more than 15%, be allowed to go off -site, subject to a Class "C" permit, which is Planning Department approval, as to the location of the parking unit, the mechanisms for making the con- nection...15%. For the total parking provided for the full project, now, we are talking about the minimum required parking. Suppose they chose to build the 1,000, instead of the 60C. Of that 1,000, we would not allow more than 30% to go off -site, and they would have the choice of building it themselves, or through a developer contribution, to a off-street parking authority fund of some sort, that would be worked out, so up to 30% of their parking supply could be off -site. What this leads us to is an approximate balance with the desired modal. split for transit access, which we are aiming at about 30%. Any way you add it up, there should never be enough parking to meet all of the traditional demands for parking at an office building - tradition, meaning the last ten years, what we have experienced... that in effect, that should be a forced or an in- duced shift to public transportation, buses and transit, as a percentage of that and we are saying 30% is reasonable as an induced shift, okay? So, these are the basic outline of parameters for controling and dealing with parking until we can prepare a more comprehensive and detailed trans- portation system management plan, which is down the road. Mr. Plummer: Is there anything to stop a number of builders to go together and build a single complex? Mr. Luft: No. Mayor Ferre: That would be terrific. Mayor Ferre: As a matter of fact... Mr. Luft: That is desirable and we would encourage it. Mr. Plummer: Let me tell you my only problem, and I think we have seen it in a number of places downtown, and we have seen it in apartments and condos, and I think we had better address it, because it is going to be more of a problem every day, and that is that developers, I guess rightfully so, have the right to charge for public parking. It is creating, what I see in the downtown area, one hell of a problem. Mayor Ferre: Why? Mr. Plummer: it is creating a problem, Maurice, because people cannot afford to pay $8.00, $10.00, $12.00, and in some cases $16.00 a day to park. Mayor Ferre: I believe you. Mr. Plummer: Now, the problem is, they don't use the parking structures. Mayor Ferre: Yes, and walk two blocks. Mr. Plummer: Well, maybe yes, and maybe no. As the situation downtown gets more critical...I remember there was a place over behind the courthouse where you could go park for $2.00 all day. Now, there is a building on that pro- perty, and I think it is going to get worse and worse and worse! How do you differentiate, or can you, Jack, that they must provide parking for employees and some adequate parking for people who are going to be using the building? One of the greatest mistakes we ever made around this place was, when we put in parking for apartments and condominiums, that for every so many units, we didn't force them to put in for guest parking. I think we made a big mistake on that. My concern is that if ycu put the parking in, and it is not being used, what the hell is the good of forcing them to put it in? Id 115 JUL 28 1983 e O Mr. Luft: Well... Mayor Ferre: It is one of those things that you are damned if you do, and damned if you don't, and the problem with this, J. L., one of the reasons why a place like Brickell is attractive is because it is fairly open. What is really going to make it the horrible place, is not the density of office buildings, because frankly, I don't think that is the major issue, whether a building is twenty stories high, or twenty-five stories. Frankly, beyond ten stories high, in fact to me, it doesn't much make any difference. Walking down the street, beyond ten stories, I don't care if it is fifty stories, or twenty stories. I am not going to see it. There is no way to see a building that high from that close, so what is important is air corridors, view corridors, green areas, lot coverage, accessibility and all of these things, and the only way that we are going to be able to con- trol that on Brickell Avenue, and not dehumanize it, is to assure that all of these mammoth, horrible, concrete parking garages don't get built to the same extent as the quantity of the office buildings that are going to be built, but, on the other hand, I think it is naive for all these pie -in -the - sky planners to be thinking (and I am not talking about you, Jack)... Mr. Luft: I do have a pie -in -the -sky. Mayor Ferre: I am talking about others. Pie -in -the -sky planners and dreamers that sit down in the Miami Herald editorial room, to think they know a lot about zoning when they know nothing, to come with these ideas that rapid transit all of a sudden is going to solve everybody's problem. Well, it isn't! And we have got to provide parking somewhere. So, I think we need to deal with that issue. Perhaps we should hear from Mr. Traurig now. Are you finished, Jack? Thank you. Mr. Robert Traurig: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Traurig: On behalf of a lot of people, I will tell you that we concur in the philosophy and the policy and the commentary that we have heard from your table over a long period of time regarding the future of Miami. And because the Herald editorial talked about the dehumanization and so forth, and has over a period of time, I am glad that you mentioned the whole issue of lot coverage and view corridors and open space and landscape areas, and you didn't mention the plazas and the commercial and so forth, all of which are built into the ordinance. We are going to have an ambience on Brickell Avenue, which is even better than the ambience that occurred as a result of the second generation of building, and now we are in that third generation. What Jack has proposed, partially because of his own initiative, partially because of the Planning Department's policy, partially because of directions from this Commission, is a good program. Now, let's talk about detail. You talk about two aspects. At one time, I heard the words (not tonight, but on another occasion) "Transportation System Management Plan". That is what you are really talking about, when you talk about the whole Brickell area. You are talking about the remote parking. The whole question is, should be developed by private interests, or developed partially by pri- vate interests and by the downtown parking authority, what kind of parking structures and where should they be located, etcetera. We have talked about a transportation feeder system, which includes both minibuses and trams and other feeders to the Metro system. You talked about the People Mover on different occasions. You talked about traffic and transportation improve- ment, which includes new signalization. We have even talked about the reversal of 7th and 8th Street during peak hours and so forth and all of this is a proper subject of a very extensive study, which I think this Commission will direct Staff to make, so that you will have the proper information on which you can base your final decision on what that park- ing ought to be and where that parking ought to be and who should create it, etcetera. So, although we agree that there ought to be some new dy- namic policies relating to parking and transportation generally, what we are saying to you is it ought not come from your table tonight, it really should be part of a direction to the Manager and his Staff, so that you will then be fully advised with regard to what those ratios ought to be, and where that parkina ought to be located. Regarding housing. I think it is not only a worthwhile social objective, but it is a recognition of the need for all =enter citieE to provide housing close to the working 116 JUL 2 81983 Id a lJ ld centers, the employment centers in order to generate a twenty-four hour a day atmosphere. I am going to Barcelona tomorrow. This morning somebody talked to me about how it is a twenty-four hour city. All right, you are asking us... Mayor Ferre: You were talking to Ken Triester. Mr. Traurig: No, it wasn't. It is Charles, right back there. What you are saying is, we ought to have housing, and we concur that we ought to have housing and we concur and I know this is surprising to the members of the Commission, but we concur that it c-ught to be imposed in some form. on the other hand... Mayor Ferre: Let me sit down. Senator, are you going_ to agree with that too? Mr. Traurig: on the other hand, the question... :favor Ferre: Let me sit down for this one! Mr. Traurig: It shouldn't be imposed from day one, and it shouldn't be imposed for the first square foot, it should be imposed based on the bonus system. Jack has discussed this matter both with Mr. Cooper, who impressed you so when he was here last month, and with Mr. Debenedettes from Tishman Speyer and basically, the analyses that Jack has given you are the same types of analyses that they have already submitted paper and you have calculated. We have a couple of major disagreements. Jack mentioned to you that we have got 1.8 people and the cost is $110 a square foot. I'm saying to you you can buy housing on Brickell Avenue for less than $110 a square foot today in the most expensive corridor in Miami, so $110 a square foot wasn't a realistic number. Mayor Ferre: Yes, but I don't agree with 720 square feet either. Mr. Traurig: Well, one has to realize that that family, which has an em- ployee working in the City of Miami also has a second member of the family working elsewhere, and it will only be 720 square feet for the family, but that is the contribution that a person will be making - 720 feet toward the family housing needs. In some families and some single people do live in small units and there are a lot of employed service people who live in one bedroom apartments and small apartments, but forgetting all of that - we concur that for the bonus square footage we ought to have an obligation to contribute to the social needs of this City. I have to assume that you are not only going to impose this on Brickell Avenue, but you are going to impose it on other areas too,' because I know that you want to do it fairly and equitably. Mayor Ferre: In other areas that are getting bonuses. Mr. Traurig: But,the point that I am making, is that $4.00 a square foot, is outrageous, and we did our calculation... Mayor Ferre: I don't think it is enough! Mr. Traurig: Well, we would like to submit to you the basis fcr our calcula- tions, and we came up with $1.-9. We used.... Mayor Ferre: I believe it! Mr. Traurig:....the same basic premises that Jack used, but we used a few figures different, and especially the $110 a square foot, and a couple of different assumptions. And we submit to you that $4.00 is too much, and we would ask you to consider the $1.20, or some other more realistic number. We would also suggest to you, that the base F.A.R. that we previously discussed in these Chambers is in the light of what you are proposing to do here, inadequate. What you are proposing to do here, is to link all of the bonuses for underground parking and for retail, etcetera, to a system that Will require that we expend a very substantial amount of money and in addition, we are to create those extra amenities for the City by the underground park- ing, etcetera, and we '::ink that under the circumstances, there ought to be 117 JUL 2 6 1900 a rethinking at the table of what the base F.A.R. ought to be. We would pro- pose to you that it should be somewhere above the 3.0, perhaps less than 3.5. We would also suggest to you that on the bonuses to be granted for the retail, and for the parking, you have got to do it in a manner that we will really induce some kind of positive action by the developer. To give them a bonus that is unachievable, or is that is linked in some way to the housing cost might result in their giving up the opportunity to create that kind of an amenity. We would suggest to you that on... Mayor Ferre: My recommendation Bob, is that you conclude, because we are going to be missing a member of the Commission fairly soon. Mr. Traurig: Okay, we would like to suggest that on the parking bonus that it perhaps be as much as 1.5 square feet of office for every square foot of the below grade parking, and that on the retail bonus it be 3 square feet of office for every square foot of retail that is created. Mayor Ferre: Well, you are not too far apart from... Jack, vou are not too far apart from that, are you? Mr. Luft: No. Mr. Traurig: And what I would say, then, is if you would grant those bonuses, if you would have some kind of a linkage, but it would only apply to the bonuses � it he not the $4.00. but some far more realistic number and we would like to suggest to you that perhaps that it be more than $1.40, but no more than $2.00. Thank you, very much. Mayor Ferre: Counselor, you know, unfortunately (I happen to think fortunately) I like, whether it is in New York, or Boston or San Francisco, or Chicago or Miami, functions on the Gordian knot principle, you know, and that is that you can beat around the bush and study things to death, but usually, somewhere, someplace, somehow, somebody makes a decision and just arbitrarily comes to a conclusion which is an educated guess as to what functions and what doesn't function, so let me, just from my perspective, put it to you the way I see it. I would vote for an F.A.R. base of 3.0. I would accept a .5 for the underground parking bonus on a 1.5 to 1.0, and I would accept... this is just one man's opinion out of five here, a .5 on a 1.0 to 3.0 on the retail. I've got no problems with that. I would like to insert into that anything over a 3.0 be mandatory housing second mortgage requirement, and I don't think we should re- invent the wheel, I think we ought to just do exactly what San Francisco is doing. It is working there, and I think we ought to just implement it here. I think that in addition to that, on the parking issue, we can spend a long time study`19 all these transportation. The main issue issue in transportation is where _..--ple are going to park, and I de subscribe to the recommendation that Jack came up with, on the basis however, that the parking facility be no further than, (I think we have to put a limitation) a mile away from the location. I think a mile is more than generous and I think that you can certainly find parking, and I am not too sure - I personally would have been more stringent than Jack - I think that I would have less parking spaces on Brickell, and more parking spaces away, but I would accept his recommendation, now that is where I am at. Mr. Traurig: I know the hour is late, and I would like to call on Mr. Cooper and Mr. to address you, but I would ask you to reconsider you 3.0 as the base F.A.R. I think that this Commission knows that before we started this exercise, there were all kinds of bonuses that were not linked to other things. We had a large lot bonus. We had you know, other bonuses... Mayor Ferre: Bob, I am sorry to do this to you, but Miller has to go and there are three things that Howard must have, and I think we reed to stop you for a second - he is not going to be here for the vote, anyway, because he announced it early on, so there is nothing we can do about it, so we are going to have to stop at this point, and Mr. Manager, we have got six minutes left before Dawkins leaves, hopefully Demetrio Perez will return and we will have four people here, but... (you are leaving at 9:00 o'clock?) WHEREUPON, THIS ITEM WAS TEMPORARILY DEFERRED. & 118 J U L 2 8 1983 im 4 64. EMERGENCY ORDINANCE: AMEND THE COCE OF THE CITY OF MIAMI BY AMENDING SECTION 4-10 ENTITLED DISTANCE SEPARATION BETWEEN AN ESTABLISHMENT WITHIN THE CENTRAL COMMERCIAL DISTRICT IN COMBINA- TION RESIDENTIAL AND COMMERCIAL DISTPICTS RE: ALCOHOLIC BEVERAGE DISTANCE REQUIREMENTS. Mr. Carollo: Move on Agenda Item Number 60. Mayor Ferre: Is there a seccnd en Item 60? Mr. Dawkins: Second. Mayor Ferre: Second by Dawkins. IS there anybody here who wishes to discuss Item 60? All right, read the ordinance. AIN ORDINANCE ENTITLEZ: AN EMERGENCY ORDINANCE AMENDING SECTION 4-10, ENTITLED "DISTANCE SEPARATION BETWEEN AN ESTABLISHMENT WITHIN THE CENTRAL COMMERCIAL DISTRICT AND COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICT," SECTION 4-12 ENTITLED "DISTANCE SEPARATION FROM CHURCHES AND PUBLIC SCHOOLS IN CENTRAL COMMERCIAL DISTRICT," AND SUBSECTION (2) OF SECTION 4-14, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS" OF CHAPTER 4 ENTITLED "ALCOHOLIC BEVERAGES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR DISTANCE SEPARATION BETWEEN LIQUOR AND/OR BEER LICENSES AND CERTAIN USES WITHIN EITHER THE CENTRAL COMMERCIAL DISTRICT OR COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Dawkins 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 Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Whereupon the Commission on motion of Commissioner Carcllo, seconded by Commissioner Dawkins, adopted said Ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plammer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGIIATED EMERGENCY ORDINANCE NO. 9664. The City Attorney read the ordinance into the public record and an- nounced that cosies were av-=i? able tc the members e�Othe City Commission and to the cuhlic. 119 JUL 28 19oft W 4 Id 65. AUTHORIZE INCREASE IN CONTRACT IN THE AMOUNT OF $22,500 M. VILA AND ASSOCIATES, INC. GARMENT CENTER COMMUNITY DEVELOPMENT PAVING PROJECT. Mayor Ferre: Take up Agenda Item Number 61. Mr. Dawkins: rove it. Ma::or Ferre: Moved by Dawkins. Is there a second? Mr. Carollo: Second. Mayor Ferre: Second by Carollo. Further discussion? Anybody wish to speak to 61? All right, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-703 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $229375 IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND M. VILA AND ASSOCIATES, INC., DATED JANUARY 289 1983, FOR THE CONSTRUCTION OF THE GARMENT CENTER COMMUNITY DEVELOPMENT PAVING PROJECT WITH FUNDS THEREFOR ALLOCATED FROM COMMUNITY DEVELOPMENT PAVING PROJECT FUNDS; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF 2/3RDS OF THE MEMBERS OF THE CITY COMMISSION AND ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice-Mlayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 120 JUL 28 1980 0 0, ld 66. AUTHORIZE INCREASE IN CONTRACT, BETTER CONSTRUCTION INC., FOR CONSTRUCTION OF JOSE MARTI RIVERFRONT PARK, IN THE AMOUNT OF S35;000. Mayor Ferre: Take up Agenda Item Number 62. Mr. Carollo: Moved. Mr. Dawkins: Second. Mayor Ferre: Moved by Carollo, seconded by Dawkins. Further discussion? Any- body wishing to speak to 62? Cali the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-704 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $35,000 IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND BETTER CONSTRUCTION, INC., DATED MAY 11, 19829 FOR THE CONSTRUCTION OF JOSE MARTI RIVERFRONT PARK WITH FUNDS THEREFOR ALLOCATED FROM U.S. DEPARTMENT OF INTERIOR LAND AND WATER CONSERVATION FUNDS; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF 2/3RDS OF THE MEMBERS OF THE CITY COMMISSION AND ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION; FURTHER AUTHORIZING AN INCREASE OF 90 WORKING DAYS IN THE CONSTRUCTION TIME FOR SAID PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 121 JUL 28 1983 4 i 67. WAIVE REQUIREMENT OF FORMAL SEALED BIDS FOR FURNISHING OF COGAN SOFTWARE PACKAGE FOR BURROUGHS 68 COMPUTER. Ma::or Ferre: Take up Agenda Item Number 63. Mr. Carollo: Moved. Mr. Dawkins: Second. Mayor Ferre: Moved by Carollo, seconded by Dawkins. Further discussion? Anybody wishing to speak to 63? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-705 A RESOLUTION WAIVING THE REQUIREMENT OF FORMAL SEALED BIDS FOR FURNISHING A COGEN SOFTWARE PACKAGE FOR BURROUGHS 6800 COMPUTER APPLICATION FOR THE DEPARTMENT OF COMPUTERS; FURTHER AUTHORIZING THE PURCHASE FROM SOFTWARE CLEARING HOUSE AT A PROPOSED COST OF $54,300; ALLOCATING FUNDS THEREFOR FROM THE FY'82-83 OPERATING BUDGET OF THE DEPARTMENT OF COMPUTERS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT; FURTHER PROVIDING FOR THE ADOPTION OF THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION BY A TWO-THIRDS VOTE OF THE MEMBERS OF THE COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Nice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 1 122 JUL 28 1M 68. APPOINT CARLOS CANCELA TO SERVE THE UNEXPIRED TERM OF WILFREDO FERNANDEZ OF THE CITY OF MIAMI CODE ENFORCEMENT BOARD. Mr. Carollo: Mr. Mayor, on Item Number 64, we have been deferring for quite a few meetina_s now, and this is my original appointment (we all pick one) and I would like to name one now. Mayor Ferre: Go ahead. Mr. Carollo: I would like to replace Mr. Fernandez with ,:ose Carlos Cancela. Mayor Ferre: Is there a motion? Carollo moves. Mr. Plummer: Second. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-706 A RESOLUTION APPOINTING AN INDIVIDUAL TO THE CITY'S CODE ENFORCEMENT BOARD TO FILL THE POSITION FORMERLY HELD BY WILFREDO FERNANDEZ. (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 Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. :Mayor :Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 69. EMERGENCY ORDINANCE: AMEND CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE, APPROPRIATING AN AMOUNT OF $198,700 PARKS AND RE- CREATIONAL AREA DEVELOPMENT PROGRA.'4. Mayor Ferre: This is an emergency ordinance amending Ordinance 9534. Mr. Gary: Federal Grant, $198,700. Mayor Ferre: All right, who wishes to move that? Mr. Plummer: I'm not voting for it! :Mayor Ferre: You all set? All right, Dawkins moves. Carollo seconds. Is there further discussion? Does anybody wish to speak to this issue? This is Addendum Number one, the receipt cf $198,700 from the S.E.A. - Capital Improvement. All right, further discussion? Read the ordinance. I� JUL 28 1983 ld AN ORDINANCE ENTITLED: AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9534, ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT APPROPRIATION ORDIN- NANCE FOR THE FISCAL YEAR ENDING SEPTEM- BER 30, 1983; AS AMENDED; BY APPROPRIAT- ING AN AMOUNT OF $198,700 FROM THE SMALL BUSINESS ADMINISTRATION (SBA) PARKS AND RECREATIONAL AREA DEVELOPMENT PROGRAM TO ESTABLISH SBA PARKS DEVELOPMENT AS A PRO- JECT IN THE CAPITAL IMPROVEMENT FUND IN SAME AMOUNT CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Dawkins, and seconded by Commissioner Carollo 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 Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Whereupon the Commission on motion of Commissioner Dawkins, and seconded by Commissioner Carollo, adopted said Ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9665. The Gity Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 70. EMERGENCY CRDINANCE: AMEND THE CAPITAL IMPROVE?SENT APPROPRIA- TION ORDINANCE, APPROPRIATING $45,000 TO ESTABLISH RELOCATION CF BROWN RESIDENCE; THIS IS ALSO KNOWN AS THE BROWN -CORAL -ROCK HOUSE. Mr. Gary: Agenda Item Number 82, which is the historic Ted Hollo Coral Rock House. Mayor Ferre: Agenda Item Number 82, Mr. Gary: And Item Number 83, accompanying item. Mayor Ferre: Take uF 82 and 63 - take up Agenda Item 62. Anybody have any problems with that? This, I hope, concludes that. Mr. Carollo: Moved. Mayor Ferre: Moved by Carollo. Is there a second? 124 Jul ? R 19AI ,d 4 # Mr. Gary: This is a condition for a redevelopment project. They have to move the Coral Rock House. Mr. Dawkins: Second. Mr. Gary: Tibor Hollo will be paying $100,000. Mayor Ferre: All right, it has been moved and seconded? Further discussion? Read the ordinance. AN ORDINANCE ENTITLED: AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9534, ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING, SEPTEMBER 30, 1983; AS AMENDED; BY APPROPRIATING AN AMOUNT OF $45,000 FROM UNANTICIPATED INTEREST EARNED BY THE CAPITAL IMPROVEMENT FUND TO ESTABLISH RELOCATION OF BROWN RESIDENCE AS A CAPITAL PROJECT IN THE CAPITAL IMPROVEMENT FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Dawkins 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 Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Whereupon the Commission on motion of Commissioner Carollo, and seconded by Commissioner Dawkins, adopted said Ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9666. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. l25 JUL 2 8 1983 ld ' 0 71. AUTHORIZE GRANT OF $45,000 TO DADE HERITAGE TRUST INC. TO COVER THE COST OF FOUNDATION AND UTILITY CONNECTIONS NECESSARY FOR THE RELOCATION OF HISTORIC BROWN RESIDENCE TO WATSON ISLAND. Mayor Ferre: Who moves Agenda I:em Number 83, which is the companion bill? Mr. Carollo: Moved. Mayor Ferre: Moved by Carollo. Mr. Dawkins: Second. Mayor Ferre: Second by Dawkins. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-707 A RESOLUTION AUTEORIZING A GRANT OF $45,000 TO DADE HERITAGE TRUST, INC. TO COVER THE COSTS OF A FOUNDATION AND UTILITY CONNECTIONS NECESSARY TO COMPLETE THE PROPOSED RELOCATION OF THE HISTORIC BROWN RESIDENCE TO WATSON ISLAND, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 72. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT O'LEARY, SHAFER, COSTO, P.R., FOR LANDSCAPE ARCHITECTURAL ENGINEERING SERVICES RELATED TO REDEVELOPMENT OF MOORE PARK. Mr. Gary: You all approved it, and I need authorization for Agenda Item tiumber 12 in your packet, which is emergency, so we won't lose our Moore Park Grant of approximately $700,000 from the Federal Government. Mavor Ferre: That one I know Miller Dawkins wants to move. Mr. Gary: This is for Moore Park. We need to begin negotiations. Mayor Ferre: All right, Joe do you want to second that, or J. L.? That is Moore Park. :•fir. Carcllc: Certainly, I will second it. Mayor Ferre: All right, it has been moved and seconded. We are talking about Supplemental 12. Okav, everybody ready? Mr. Gary: It is a resolution. 126 JUL 2 8 1983 4 f Mayor Ferre: It is a resolution. Mr. Gary: Authorizing the City Manager to negotiate an agreement with O'Leary, Shafer, Cosio. Ma::or Ferre: To provide landscape, architectural - this is the number one firm that you chose before, right? .%r. Gary: Ye „ sir. We have to do it because we have to start construction before December. Mayor Ferre: All right, further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-708 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND O'LEARY-SHAFER- COSIO, P.A., TO PROVIDE LANDSCAPE ARCHITECTURAL, ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO THE REDEVELOPMENT OF MOORE PARK, USING PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF SUCH SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 73. EXPRESS INTEUT OF AGREEMENT, AUTHORIZE CITY MANAGER TO BEGIN TO NEGOTIATE WITH REPRESENTATIVES OF THE INTERNATIONAL FOOTBALL LEAGUE FOR USE OF THE FOOTBALL STADIUM. Mr. Gary: One other thing which is very critical, Mr. Mayor - that is the International Football League. I'd like for Mr. ... Mayor Ferre: I think he wants to hear that one. Mr. Gary: International Football League? You said _you wanted to hear that one. Rr. Dawkins: (INAUDIBLE CO:4M.ENT - NOT ON MICROPHONE) Mr. Plummer: I'li be damned! Mr. 3ary: This is Item ly in your packet. Mayor Ferre: All right, what specifically do you want from this Commission :+lr. Manager, on item 14? 127 J U L 2 8 1983 m r. Walter Golby: Well, basically what they want is a tentative commit- ment from the City of Miami that they would have the opportunity to rent the Orange Bowl for a Spring football season. %ayor Ferre: For just the one season? Mr. Golby: Spring. Mr. Plummer: What are they proposing? Mr. Golby: Like the USFL. Mr. Plummer: Okay, what are they proposing to pay in rent? Mr. Golby: A minimum of $5,000 per game and 7'% of the gross. Mr. Plummer: What would you guesstimate would it equate out to dollars? Let me tell you something I am going to bring up, okay? The USFL, do you know they are playing in Tampa, and do you know what they are paying the City of Tampa rental per game? $150,000! Three times what this great benefactor of this City is paving to us, okay? And they don't have the concession rights. I will accept a hundred - you say it is more? Mr. Garcia -Pedrosa: Well, they were supposed to pay us $45,000. Mr. Plummer: Yes. Mr. Gary: No, you are talking about Tampa. Mr. Plummer: No, I am talking about in Tampa. Mr. Garcia -Pedrosa: So it is more than three times! Mr. Golb.: Mr. Plummer: That is based upon a percentage of gross and the USFL in Tampa has the biggest attendance in the League. Mr. Plummer: Hey, they don't have more than 75,000! Mayor Ferre: Wait a minute. Hey, are you recommending this, Mr. Manager? Does this have your recommendation that we accept $10,000 against a 7% gross? As I understand it from your memo... Mr. Gary: Yes, I think you need to look at the second page. Mr. Plummer: I had asked a question. What would you guesstimate the bottom dollar figure? Mayor Ferre: $27,000 per game. Mr. Gary: You cannot look at just one item. You have got to look at the whole item - all of the conditions. On the next page you will see they are talking about what IFL Mr. Plummer: $216,000 Der came? Mr. Garv: Net per season. - net. Mavor Ferre: Per season, sir. Mr. Golby: Those are net dollars based on onlv 15,OCO attendance Der came. If thev (INAUDIBLE) $45,000 a came, we are acing to make more monev than we will from the Dolphins - double that! Mr. Plummer: That's not hard to do. Mr. Golby: No, but we will double even that! Mr. Odic: Mr. !Mayor, one thing that you have to point... :+favor Ferre: Correction, Hcward. You said $<l6,v00 per game. You mean per season. 128 JUL 2 s 1983 ld 4 f Mr. Carollo: I realize that, Mr. Manager. Mr. Garcia -Pedrosa: He just lost Plummer's vote! Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-709 A MOTION OF INTENT EXPRESSING THE AGREEMENT OF THE CITY COM- MISSION TO AUTHORIZE THE CITY MANAGER TO BEGIN NEGOTIATIONS WITH REPRESENTATIVES OF THE "INTERNATIONAL FOOTBALL LEAGUE" (I.F.L.) TO RENT THE ORANGE BOWL STADIUM FOR THEIR EIGHT HOME GAMES FOR 1984, 1985 AND 1986 SPRING LEAGUE SEASON; UNDER GENERAL TERMS AND CONDITIONS AS STIPULATED IN A MEMO- RANDUM FROM WALTER E. GOLBY, STADIUMS ADMINISTRATOR, TO HOWARD V. GARY, CITY MANAGER, DATED JULY 26, 1983, AND AS MORE FULLY DISCUSSED BEFORE THE CITY COMMISSION ON THIS SAME DATE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice-Mavor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. 74. EMERGENCY ORDINANCE: AMEND THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE BY MAKING NECESSARY CORRECTIONS TO CORRECTLY REFLECT EARLIER TRANSFERS OF RESOURCES TO J.L.KNIGHT CONVENTION CENTER ENTERPRISE FUND CONCERNING THE RESTORATION OF THE FLAGLER BUILD- ING FORMERLY KNOWN AS THE BUTLER BUILDING. Mr. Gary: I have one last emergency ordinance before you. This is an appropriations item you approved, which is the Flagler Building renovation. It is the James L. Knight Center and we need this appropriation of $97,100. Mayor Ferre: I don't know what the Flagler Building renovation is. Mr. Carl Kern: Mr. Mayor, Carl Kern with the Parks Department. This is the old Butler Building that is along the River Walk and this is to restore the facade, otherwise it is just going to sit there. Mayor Ferre: All right, that is long overdue. 'A Ar. Plummer: $97,000! Mayor Ferre: I am amazed that it is that little. Mr. Kern: Historic renovation, sir. Mr. Plummer: WHISTLE!) Mayor Ferre: That is what historic renovations cost. Is there a motion? We have got to do this, J. L.! Mr. Gary: You already made all the changes - you moved it, and you dug it up. Mr. Carollo: There is a motion. Mayor Ferre: All right, Carollo moves. Is there a second? Come on, let's go. One way or the other! ' Ion JUL 2 8 1983 0 Mr. Garcia -Pedrosa: Is that on emergency? Mayor Ferre: Plummer seconds, further discussion? Call the roll on Item 11, supplemental agenda. AN ORDINANCE ENTITLED: AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9534, ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983; AS AMENDED; BY MAKING THE NECESSARY CORRECTIONS TO THE CAPITAL IMPROVEMENT FUND TO CORRECTLY REFLECT EARLIER TRANSFERS OF P.ESOUPCFS TO THE JAMES L. KNIGHT CONVENTION CENTER ENTER— PRISE FUND; ANC BY DECREASING,IN THE AMOUNT OF $97,100,THE CITY OF 11IAMINNIVERSITY OF MIAMI—JAMES L. KNIGHT INTERNATIONAL CENTER ANO PARKING GARAGE PROJECT AND FURTHER APPRO— PRIATING SAME A40UNT TO ESTABLISH FLAGLER BUILDING RENOVATION AS A CAPITAL PROJECT Ire THE JAMES L. KNIGHT CONVENTIOM CENTER LNTER— PRISE FUND; CONTAINING A REPEALER PPOVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Carollo, and seconded by Commissioner Plummer 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 Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Whereupon the Commission on motion of Commissioner Carollo, and seconded by Commissioner Plummer, adopted said Ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9667. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commissicn and to the public. 130 ,� U L 2 8 1983 Id 75. AUTHORIZE CITY MANAGER TO ESTABLISH PROPOSED MILLAGE PATE FISCAL YEAR OCTOBLR 1, 1983 - SPETEMBER 30, 1964. Mr. Gary: The next item establishes the millage rate which you have got to have in Dade County for advertisement. Mr. Carollo: You are saying we are establishing our millage rate now? Mr. Gary: You are establishing a millage rate, which you can change later downward, but you can't go upward. Mayor Ferre: We go through this every year. We have no choice but to do that. We can always cut it down. Mr. Carollo: What is the millaae rate that we are going to establish? Mr. Gary: The millage rate right before, 9.55 is for the General Fund. You are currently at 9.061. Mayor Ferre: Is the legal limit? Mr. Gary: This is the limit we are establishing without having to go for four votes - the majority plus one. Mayor Ferre: All right, the debt service is automatic, if that is what it is, the 1.5724. Mr. Gary: Yes. Mr. Carollo: Howard, I don't have anything before me in what I've got in the millage rate we are establishing. Mr. Gary: It is in Item 65. Mayor Ferre: It is a resolution authorizing the Manager to establish a proposed millage rate. Mr. Carollo: The one that we received is blank. Mayor Ferre: 9.5514 for the General Operating; 1.5724 for debt; total millage of 11.1236. General Operating for the D.D.A., .5000, and total millage is 5... Mr. Carollo: What is the City of Miami's present General Operating millage? Mr. Gary: 9.061-1. Mayor Ferre: 9.0612. Mr. Carollo: 9.0612, and what is the present debt service? Mr. Garv: 1.6682 Ms. Carollo: 1.6e62? So what is the total increase? Mavor Ferre: .39... what? Mr-. Surana: .3944 - it is about .4 of a mill. Mr. Gary: It is not even a whole mill. Mr. Surana: Less than one-half a mill. Mr. Sary: .394 Mr. Carollo: .394 Mr. Garr: That is not ever. a half cf a mill. JUL 2 8 1983 Mr. Surana: Less than half. 131 ld Mr. Carollo: Well, I don't think we are reading again what the public is saying out there. They are sick of getting their taxes raised. Federal Government did it in the gasoline tax; the State follows up; the County follows up and it is bad enough they are hitting us with the gasoline tax, but the County is going to raise the millage drastically; the School Board, you know... Mr. Gary: Plus we need to raise it even higher with the hundred police officers. Mr. Carollo: No, we don't! No, we don't, what we need to do, is what Harold Washington is doing in Chicago, and that is cutting some of the salaries of the fat cats that make $50,000 or more, and start cutting all these :ponies we are giving away. Mr. Gary: We axe starting with a larger base, through. Mr. Carcllo: I suggest that every member of our Administration read the words of Harold Washington, then. - the new Mayor of Chicago. He is a very wise man. Mayor Ferre: In the meantime, we Need to make a decision on this. Does somebody want to make a motion on it? Mr. Dawkins: I move it. Mayor Ferre: All right, Commission Dawkins moves that the resolution as proposed by the Manager be adopted. Is there a second? Mr. Plummer: I will tell you what. I am going to second it with the full understanding and clarification that this is for the purposes only of establishing it. Mavor Ferre: That's right. Mr. Plummer: That we can, without question, go down from this point. Mayor Ferre: You can't go up, but you can go down. Mr. Plummer: Okay, but I want it with the full understanding that this is nothing more, predicated on my vote, but complying with the law. That's it. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 83-710 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983 AND ENDING SEPTEMBER 301 1984 AND FOR THE DOWNTOWN DEVELOPMENT AUTHORITY COVERING THE SAME FISCAL YEAR. (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 Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: Commissioner Demetrio Perez, Jr. ON ROLL CALL: Mr. Carollo: That reminds me of the story cf fish that thinks he could take a tite out of the bait that he said he had hooked. I vote "no". 132 JUL 2 8 1983 ld 6 76. SECOND READING ORDINANCE: AMEND ZONING TEXT OF ORDINANCE 9500 BY AMENDING SECTION 1550 ENTITLED SPI-5 BRICKELL-MIAMI RIVER RESIDENTIAL OFFICE DISTRICT, ETC. (See also Label 63) :Mayor Ferre: All right, Mr. Traurig, we are back to you then. Mr. Robert Traurig: Thank ycu, Mr. �Mlayor. It is very late, and a lot of people have been very patient and I am going to be very brief. This , Commission has said so often that the bulk of the buildings and the height of the buildings on Brickell Avenue are not the issue. The issue is the ambience; the issue is the off -site parking; the issue is the creation of the housing; the issue is making Miami into a twenty-four hour City and so forth. I would call vour attention to the fact that this new ordinance, that is, these new amendments take away the large lot bonus. In this particular case, it was at least a .4, and I know that the Planning Depart- ment says "Yes, but we have replaced it by increasing the base F.A.R., but this Commission has already said the base F.A.R. was too low. I want you to know what the bonus provisions really mean in terms of dollars for an individual applicant. This particular applicant has about 280,000 square feet of land right now. If he gets the total bonus of .5 plus .5, which is a 1.0, he has got 280,000, and for every dollar, $280,000, that he con- tributes, or they contribute to this housing development within the City, S4.00 is S1,120,000. That is not a lot of housing, but it is a very big impact on an individual property owner. I would like to suggest that be- cause we did an analysis which we think, in our judgment, was a fair analysis at $1.40, that it ought not be $4.00. It ought to be somewhere between the $1.40 and the $4.00, and whatever you think is fair, we are going to live with because we want the bonus and we want to do the things that good corporate citizens do, but nevertheless, I think it would be a bit inequitable. Mayor Ferre: All right, Mr. Traurig, I will tell you, so we can cut through all of this... Mr. Traurig: Last subject. I said 3 - that is base F.A.R. of 3 to 3.5. I really didn't even mean that 3 was fair, but that is where we started from. I thought that 3.5 was fair. I would like to suggest to you that you re- think this, Mr. Mayor, and maybe something less than 3.5, but certainly more than the 3.0. Thank you. Mayor Ferre: Mr. Traurig, to cut through all of this, I will make a motion as follows: That we go to a 3.25 base F.A.R. on Brickell Avenue. Number two, that a bonus system be established that would be as follows: ,50 bonus, (Jack, help me with this) for an underground parking... Mr. Luft: 1.5 to 1. :Mayor Ferre: 1.5 to 1. Number two, .50 bonus for a retail on the basis of... Mr. Luft: 1 to 3. Mayor Ferre: 1 to 3, provided however, that at least 50% of that retail on the ground floor must have direct access either to the plaza or to the street. Number three, that a mandatory second mortgage plan be established based on the San Francisco experience, on the basis of $4.00 for everything over 3.25, and last, that no less than one parking space per 1000 and no more than one park- ing space per 600 be established as parking requirements; provided further that up to and no more than 15% of the total parking requirements be within a distance not to exceed one mile from the location. Mr. Luft: We have a... Mavor Ferre: One-half a mile? :Mr. Luft: Class "C" permitted Department approval on that so we cA review these individual sites? Id 133 JUL 2 8 1983 Mayor Ferre: What? And a Class "C" departmental review and approval. Let me finish, because I want to get all my thoughts together on this. Have I missed anything, Jack? Mr. Luft: Or that they may contribute to an off-street parking fund for pure parking... Mayor Ferre: Or that they may contribute a proportionate share as to be determined on those figures for parking off -site, and I so move. Mr. Plummer: Is there a second? ,Mr. Carollo: There is a second. Discussion. Mr. Plummer: Motion is now seconded and under discussion. Ms. Spillman: Mr. Mayor, just a small, technical suggestion, if you would change the word "second mortgage" to housing subsidy instead of being a specific... Mayor Ferre: Okay, all right. I think that is an improvement; I thank you. I change the word from second mortgage to housing subsidy, which needs further definition. All right, let's hear from Janet, because she has some... Mr. Plummer: Janet Cooper. Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. I am sorry... also I have been here and tried to speak before a motion was made, that I really don't have the opportunity to do that. The first thing I would like to point out - when Mr. Traurig's application came before you the first time, I was here, and when it was suggested by Mr. Traurig that off -site parking be committed up to 5,000 feet from the site, Jack brought in a board - a little over 5,000 feet...5,800? Mr. Plummer: 280. Ms. Cooper: 280. Mayor Ferre: Okay, I will make it 500 feet. Ms. Cooper: 500 would be a heck of a lot better! Mayor Ferre: I don't mean 500, I mean ... how much is a mile? Mr. Plummer: 5,280. Ms. Cooper: Could I finish, please? Jack came here with a board with a diagram of how far 5,000 feet would be, and he pointed out to you that they could put parking in Omni and that they could parking... where else, Jack? Mr. Carollo: Not at Omni! Mayor Ferre: Jack, what is reasonable? Maybe a mile is too long. What is reasonable? Mr. Luft: Well, normally, we say 1,20C feet - 1,200 to 1,600 feet is walking distance - a little quarter mile or more. Mayor Ferre: I accept that as an amendment - 1,600 feet. Mr. Luft: I think Mr. Traurig is trying to say that in his particular cir- cumstance with the expressway facilities available to him, that subject to the Planning Department review and approval, he would stay within a mile, but generally... Mayor Ferre: Jack, how far away is the expressway? Mr. Luft: The expressway is probably about 4,000 feet, 3,500. Mr. Traurig: About that, but Mr. Mayor, this is already Dart of that transpor- tation system management. Mr. Bl=berg points out that he needs more parking than that and he cou1j- put it on the South Miami Avenue side, if you wouldn't object, but we are .ot sure whether or not this merely says you can't have a lj 134 JUL 28 1983 parking garage on Brickell, or within the SPI-5 district, and wouldn't it be better if we came back to you with a total transportation system management plan.... Mayor Ferre: Fine. Mr. Traurig:....working with the Off -Street Parking ,,thority and divorce that from this ordinance. Mayor Ferre: Fine, do you want to wait six months? Mr. Traurig: No, I want...if you are saying, do I want this ordinance now, or six months from now, we would like this ordinance now, of course. Mayor Ferre: Fine, and that is what I am trying to do. Mr. Traurig: All right. Mayor Ferre: Now, that doesn't mean that after- (I want to tell you some- thing) six months, if we come up with something that somehow requires an alteration to this, I want to tell you that I will be the first one to bring those alternations up. Mr. Traurig: I think that is... Mr. Carollo: Maurice, I think that Jack is correct. 5,200 plus square feet was too long, but at the same time, I think 1,600 is too short. I think we should go for 2,600 right in the middle of that, which is approximately one- half mile, which is about four city blocks. I think that is safe, and that is within walking distance. Mayor Ferre: I would accept that. Mr. Carollo: Eight blocks is a little too long, but four, I think, is rea- sonable. Mr. Plummer: Hey, thev told us in the transportation committee, people will not walk more than 800 feet. Mayor Ferre: J. L., the point basically is this. I mean, let's face what we are talking, let's face the reality of the situation. Bob, I want you to lis- ten to this. The reality of the situation is, that we are trying to find a reasonable way for people ... you see, our forefathers in this City, when they did the downtown zoning, said no parking in downtown. There is no parking requirements, and there was no rapid transit in those days. Now, the reason why a City Commission thirty or forty years ago, did that, was because they did not want to have automobiles in downtown, and the more parking they forced on people, the more they were going to have these monstrous garages and they figured that perhaps, (and it worked!) and the proof of the pie is that it has worked for the last fifty years in downtown Miami. Now, we are trying to find the middle ground. The middle is ... I want to tell you some- thing. If I had to choose between this requirement and to say no parking on Brickell Avenue - if those were my choices, I want to say on the record that I would vote today to have absolutely no parking garages on Brickell Avenue, or within a block of Brickell Avenue. You want to keep Brickell Avenue open. and Green and spacious, that is the way to do it, but I know that is impractical, so all I am trying to do is, I am trying to say - and remember, that we are talking about no more than. 15%, is that right, Jack, on off -site? Mr. Carollo: That is correct. Mayor Ferre: So, it isn't that much. All I am trying to do is, relieve, a little bit all these massive parking garages that are going to end up in your property and your property and all these properties on Brickell. Mr. Traurig: The only reason that I question the propriety of doing it now, is that I didn't know whether or not we had to create the parking structurers, whether the Off -Street Parking Authority could do it in i.oint venture with us. Mayor Ferre: Either way. 135 J U L 2 8 1983 6 0 Mr. Traurig: I would like to call to your attention that if we wanted to park under I-95, we really need 3,500 feet, and perhaps...and that has been called to my attention by David Plummer. If you don't want us to park under the I-95 right -away, which is the perfect place for it, and transport our people in vans, okay, but we would like to suggest that. Mayor Ferre: All right, look, I will tell you that I am willing to make one further amendment, and I would do it this way. Joe, I think 2,600 is too far. I would like to remain at 1,6C0 feet, provided, however that there would be a proviso that with the Administration's approval, it could go as far as the expressway, provided however, that you, at your expense would be providing transportation to the building and I would accept that as a logi- cal compromise. Mr. Carollo: That is a good compromise. Mayor Ferre: Is that acceptable? Mr. Traurig: Yes, sir. Mayor Ferre: The only thing I would like to add on it... Mr. Gary: What about the parking? They are going to do the parking, Mayor Ferre: At their expense,their parking and they transport. In other words, they have to provide a parking facility on site, and they can provide part of it off -site, up to 1,500 feet away - 1,500, okay? Provided, however, that if they want to provide parking as far away as the expressway, that they would have to provide a transportation system at their expense. Mr. Gary: Mr. Mayor, may I suggest one other thing? Mayor Ferre: Yes, sir. Ms. Cooper: I would like to finish my sentence when you get around to it. Mayor Ferre: Go ahead, Mr. Manager. Mr. Gary: If they choose to go into an joint venture with Off -Street Parking, that no capital operating liability of the Off -Street Parking itself... Mayor Ferre: That's fine. . • Mr. Gary: Because, what happens is if it does, then you find that our meters and our parking rates have gone up. Mayor Ferre: I accept that as part"of the resolution. Is that all right with you? Mr. Carollo: Fine. Mayor Ferre: Okay, I am sorry. Mr. Chairman. Mr. Plummer: Janet. Ms. Cooper: well, I was going to say something else about parking, but I think it is hopeless, and I think the information I have been hearing from Joyce and Jack is very conflicting, and I don't think it is appropriate to set it in stone at this point, because apparently it hasn't been thoroughly enough re- searched, and we do need some sort of plan to check the whole thing out and come up with a solution where we are not too short, we are not too long. I did want to remind you, Mr. Mayor, that when it was first brought up, it was less than what you moved, and you were really upset about it. You couldn't believe it, you were suggesting that that was really out of line and you were talking at that point 1,200 feet, and that was what I was going to sug- gest, but Joyce said to me that that would put it right in the middle of the XXD district, which is the best hope at this point for true mixed use, and we certainly don't want to upset that, so I think it is up in the air and I think it needs to be examined more closely. Now, what I had intended to tell you, there is one Burdines in. Miami that closes at 6:00 o'clock and on 1c 136 JUL 2 8 1983 6 0 Sunday, and there is one Wendy's in Miami that doesn't stay open on Sunday, and there are quite a few stores that, at 5:30 or 6:00 every single after- noon, hurricane season or not, put out tremendously unattractive hurricane shutters blocking their whole front windows, and that area is downtown Miami, and that happens because there are no people in downtown Miami on Sundays to speak of, or after 5:30, 6:00, and that happens for one reason, and that is because there are no people living in downtown Miami. When we first started talking about these issues, we weren't talking about con- tributing monies, or any kind of financing plan. We were talking about whether or not Brickell Avenue was going to become another nighttime grave- yard like downtown Miami is, or whether it was Qoira to become the vibrant, active day and nightime street that this entire Commission hoped for and planned for when we worked on the RCB ordinance, and when we created the Knight Center with evening activities. Mavor Ferre: Janet, let's cut right through it and come up to recommenda- tions. Jack Luft? I think you are right. Ms. Cooper: And I don't care how much money you put into housing that is affordable, if they pay $10.00 a foot for every square foot of office space that they built, you are going to have a dead Brickell Avenue and it is going to be dangerous, and it going to be unpleasant, and it is not going to work! Mayor Ferre: I am going to agree with you. Jack... Ms. Cooper: Well then, withdraw everything and leave it the way it is and let's encourage mixed use. Mayor Ferre: No. Jack, didn't you have a recommendation of a 1.0 bonus for Brickell Avenue housing? Mr. Luft: Yes. Mayor Ferre: Well, that is part of my motion too. Mr. Luft: That is right. There still remains a voluntary option ability of the developer to put residential on his project, and he can gain a financial advantage vis-a-vis his land cost by putting it on site. It is on top of everything else. It is still mixed. NLayor Ferre: All right, now Janet, I would not vote for that on a mandatory basis. That is an optional thing. Ms. Cooper: I am not suggesting that it be mandatory, but I would like to point out what Jack has pointed out to you so many times in the past, that when you make your base so high... Mayor Ferre: 3.25 is high? Ms. Cooper: In this code, yes, because it is the equivalent of significantly more in the other. We were talking about 6.5 in the other. When you add bonuses on top of that, you are getting up to 8 and when you add a potential bonus that the develocers aren't interested in doing, but you put it only on top of so much else, they are not going to build it anyway. You are discouraging... Mayor Ferre: Janet, I would vote for a 10 F.A.R. on Brickell Avenue. Ms. Cooper: I understand that, and I an not necessarily opposed to high F.A.R., but I am opposed to whatever clan will result in a lack of residen- tial use on Brickell Avenue. Brickell Avenue can function with residential uses. Developments can function with residential uses. It happens all over the country. Jimmy Dean was talking to me about it recently. He is plan- ning a tremendous one that has been acclaimed by many people down by Dade - land and the only thing that is going to keep Brickell Avenue from becoming the next downtown, which is not going to be pleasant, and it is not going to make Miami,prcud, and it is not going to make Miami the commercial center. It is just going to be another excuse for what we already have and what we don't wart, and unless you build in either a lower F.A.R. so that the only way they are going to get the higher F.A.R. is if they build the residential, 137 JUL 28 1983 id 4 Id or if you make it some sort of requirement, you are not going to have it. And if you are not going to have it, you are going to end up with hurricane shutters and you are going to end up with businesses that close up at the same time the offices do and nobody is going to walk on Brickell Avenue and they are only going to drive to the Knight Center because they are going to be that far away from it and there is going to be nothing else to do, and the Knight Center could end up just like Gusman Hall, where they have to struggle to get people in and you are going to end up much more sorry than you are, and I suggest this Commission not think about $4.00, a $1.40, or any other price, because no matter how much you put into any other area, Brickell is still going to be terrible if you create an ordinance that will not create any incentives or requirements for residential, and I am sorry to have to talk to you this way, but I just can't believe what is happening to a plan that started out saying "Please don't force us to build residential" and it ends up somewhere in left field that has nothing to do with this, and I ask you to please draw your attention back to what is important is Brickell, because we are talking planning, not high finance, and planning affects that area. Mr. Plummer: Further discussion? Mr. Robert McKnight: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. McKnight: Commssioners, Mr. Mayor, my name is Robert McKnight, Planned Development Corporation. I have two questions. I am afraid I was making notes as quick as I could and I wans't clear on - I believe on the first question, both Staff and the Mavor and I believe Mr. Traurig were all some- what consistent, and that was that the retail bonus, Mr. Mayor, that you proposed, up to a .5 is based upon, for every three square feet of office, one square foot of retail, and I just want to make sure in the record that was... Mr. Luft: Technically it is the other way around. For every one square foot of retail, you provide, you get three square feet of office bonus. Mr. McKnight: Okay, I just wanted to get the ratio right. Okay, Mr. Mayor, the other question I think... Mayor Ferre: Up to a certain limitation., right? Mr. Luft: Up to .5 Mr. McKnight: I belive in the record that might have been confusing. Mr. Mayor, I would like to come back to the question I think Traurig raised, as it relates to property. Our company not only owns, but has spent the last fifteen years assembling. We front on Brickell Avenue, as a matter of fact, on both sides, but in one -case we go back to South Miami and in the other case, it goes S. E. 14th Lane and I believe is S. E. 14th Road. I assume now your motion does not prohibit us from realighnirg our parking within our site so that it isn't on Brickell Avenue to the extent your motion requires. Mayor Ferre: Mr. Luft? Do you want to address that? I'm sorry, you will have to repeat it again, Senator. Mr. McKnight: Okay. Mayor Ferre: The question is, they own land up to 14th Road and 15th Road and South Miami Avenue and they want to make sure that this doesn't preclude them from including all of that property. Mr. McKnight: In terms of the parking. Your restriction, I assume does address itself expressly to Brickell Avenue. Frankly, we are a little bit caught off guard with some of these numbers, and at least we want to insure that we can move the parking then, if we elect to, off of Brickell, back over, in one case, South Miami Avenue, and in the other case, it might be... Mayor Ferre: I certainly would have no objection to that personally. In fact that would be a great improvement! Mr. Lust: That is what I understand to be the intent of it. 138 .JUL 28 03 Mr. Plummer: Further questions? Mr. Luft, do you have anything new? Mr. Cooper: May I ask Mr. McKnight, have you acquired that semi -circle on the end of that block as part of your fifteen years assembling? Mr. McKnight: That wasn't the area that I was referring to, but it is a parcel that is under consideration now. Mayor Ferre: I think on the question of where the housing is to be spent, okay...I really think that we have to...we are talking about Brickell Avenue, all right, from the river down to where? Mr. Luft: To 15th Street Road. Mayor Ferre: To 15th Road, right? I think the housing has to be within a relatively short distance of that, and I think we should put a further limita- tion that it should be what, within two miles? A mile -- Mr. Garcia-Pedresa: Housing in Hialeah! (LAUGHTER) Mayor Ferre: A mile from 15th Road. No, it has to be two miles and I will tell you why. It has to be within two miles, because a mile would only take you down to 35th, and you really need to go somewhat beyond that, and I want to make sure we cover Overtown too. Ms. Cooper: I want to remind you, a mile takes you up to Omni, so you are talking about a mile beyond Omni. Mayor Ferre: No, Ma'am. A mile from the river to Omni is more than a mile. It is more than a mile. It is about two miles. Ms. Cooper: That won't help Brickell, that far. Mayor Ferre: Well, that is your opinion, and you and I have a difference of opinion. All right, I want to insert into the motion that with regards to the off -site housing, that the housing be within a two mile radius from the extremities of the affected area. Is that acceptable to you? Mr. Garcia -Pedrosa: Of the affected area. Mr. Plummer: Mr. Luft, do you have anything further? Mr. Luft: No, sir. Mr. Plummer: Mr. Traurig, do you have anything further? Senator McKnight, do you have anything further? (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: Anybody have anything further? Sir, come up and give us your name. Mr. Rudy Preston: My name is Rudy Preston with United America Development. We have some interest in property on Brickell Avenue. The question I have is, if you include in the motion, a prescribed proximity for the housing, who is going to build this housing - the off -site, remote housing, so to speak? Mayor Ferre: It is going to wcrk similiar to the way it works in San Fran- cisco. Why don't you describe how it works in San Francisco. You are our expert. Mr. Luft: Essentially we have a number of housing corporations, Arvida, and Babcock, that have had long intensive discussions about building housing downtown. The only thing that is preventing those kinds of housing corpora- tions from building housing, is the gap between what they must sell it for, and what the average family can afford to pay for it, and what we have done here, is closed that gap and if we can -come up with the mortgage assistance program, and we basically have got the mechanics of that, and I described essentially now it works, we can sav tc Babcock "Here is the mortgage assistance program - you build a desirable unit, an attractive unit, and I will guarantee you can sell it, because we are going to make it affordable to that -Family. They are going to pay no more than 35% of their income." ld 139 JUL 28 1983 0 We know there is a demand for housing downtown and we just haven't been able to close the gap, and that is what is going to do it, and it is going to be the private sector that builds the housing, not the office developers, per se, but a number of housing development corporations. Mr. Preston: Would the City contemplate land condemnations to assemble parcels for housing, or...? Mayor Ferre: Might. That might be a very feasible way of doing it. I would hope that would not be necessary, and I think in San Francisco it has been necessary. Mr. Luft: It has been a part of their program. San Francisco has recognized that it is desirable on city renewal areas where they have been acquiring land, I believe in the Pasec area they have got lands that they had made avail- able for this housing bonus program. We may do that. Mayor Ferre: All right, we are coming upon 9:00 o'clock, so let me, for the record, to Mr. Speyer and the developers, tell you that this whole idea originated in your attorney's office about a year ago; I am sure before you even were considering this project. Mr. Dan Paul, Mr. Jack Luft, and Mr. Ken Treister. Charles, your father was the original author, along with Jack Luft, and Dan Paul of this idea, and after a year, I am glad to see it coming to fruition. Mr. Plummer: Okay, anyone else wishing to discuss? Why don't you read back the motion. (LAUGHTER) I'm voting against the motion! Mr. Garcia -Pedrosa: No motion, it is an ordinance. I've got to read it. Mr. Luft: Do you want me to summarize it? Mr. Oncie: No. Oh, I got it. Mr. Plummer: You can go ahead and read. As presented, I am voting against the motion. Mayor Ferre: Well, then there is no use moving the motion. Mr. Plummer: Well, I've got some problems here and unless we can get them ironed out, you know, then I can vote favorably. Mayor Ferre: Well listen, this is something that I am just trying to cut through and get... the alternative, J. L., where we are heading, is a six month transportation study. Mr. Plummer: Let me try to talk my problems out. There were so many figures thrown around on the distance of parking. What does the motion speak to that is presently on the floor? Mayor Ferre: 1,500 feet from the property line.... Mr. Plummer: 1,500. Mayor Ferre: .... for that portion of the parking that would be off -site, and would not be more than 15=0- of the total requirement. Mr. Plummer: The maximum it could be away from the site would be 1,500 feet. Mavor Ferre: That is correct. Mr. Plummer: No. Mr. Garcia -Pedrosa; Ne, no. Mr. Luft: But, in the event... 1,500 foot limit for off -site parking. In the event that it was over 1,500, subject to Class "C" permit and a guaranteed acceptable program for transportation linkages to the subject site. id 140 J U L 28 1983 40 0 Mayor Ferre: They would have to pay for the garage. The would have to pay for the transportation from off -site to their site. Mr. Plummer: Mr. Mayor, if I can believe anything that you and I were taught when we were working on the downtown people mover, one thing they hammered into us and continuously is, that people will not walk more than 800 feet, which is the equivilant of two city blocks, and I don't know that I disagree with that. I could live with a 1,000 foot and beyond that, the tram. Mayor Ferre: Fine, I'll go to 1,000 feet. Mr. Plummer: Okay, I could live with that. Mayor Ferre: Fire, I accept that. Mr. Plummer: The next item, I think two miles... Mayor Ferre: There is a change, therefore, from 1,500 to 1,000 feet. Mr. Carollo: 1,600 to 1,000 feet. Mayor Ferre: 1,600 to 1,000 feet. Mr. Plummer: All right, the next item I have a problem with, I think that the housing up to a two mile range is too far. I think if what we are trying... Mayor Ferre: I want to get Overtown in the picture, J. L. Mr. Plummer: Well, I think Maurice, you can do it on a one mile, okay? Well, Jack, tell us - what exactly, if you want to get Overtown - I don't disagree with that. Mayor Ferre: And I want to get Park West, and Park West is just barely within that. In fact, I don't think Park West is among... Mr. Plummer: Okay, then let's go another route, the north boundary. Mayor Ferre: Of the D.D.A.? Mr. Plummer: That is 17th Street. Mr. Luft: 22nd, I think it is. Mr. Plummer: What? Mr. Luft: Whatever. Mayor Ferre: I would accept Overtown, D.D.A., and... Mr. Plummer: I would accept a one mile radius with the exception of Overtown and Park West - I will accept that. Mayor Ferre: Fine. Mr. Plummer: Okay. Mr. Garcia -Pedrosa: One or two mile? Mr. Plummer: The two mile. Mayor Ferre: I will accept it. Mr. Plummer: No, one mile, except for the Park West and Overtown. Mayor Ferre: Okay. Mr. Plummer: Now, Dena, I am sure meant well - where did she run off to? Mayor Ferre: Now, one mile frcm the end of the district. 141 JUL 28 1983 Id 0 Mr. Plummer: From the district, yes. Mayor Ferre: Okay. Mr. Plummer: I have a problem by using the word "subsidy". Subsidy to me is not building units. Subsidy is what you give someone to help them pay rent, and I don't think for the life of me that is what we are trying to encourage. Mayor Ferre: That is not the intention. Define a better word. Mr. Gary: Second mortgage. Mr. Luft: Mortgage assistance? Mayor Ferre: Second mortgage assistance. Ms. Spillman: I think we shouldn't keep it to that. We could use taxes on financing; we can couple our money with the... Mayor Ferre: All right, look. The man doesn't want the word subsidy and I understand that that makes some sense, okay? So, give me another word that is similar to, but not the same. Ms. Spillman: Housing finance. Mr. Gary: Housing finance program. Ms. Spillman: Not subsidy, it is a finance. Mr. Plummer: With the full intent that it is to be used for building, not to supplemental rent. Ms. Spillman: Oh yes. Housing development program. Mr. Plummer: Fine. Mayor Ferre: It may be a second mortgage. It may be some other form of financing facilitation program. Mr. Plummer: Okay, that is really about all I have. Mayor Ferre: Now, the maker of the motion accepts those three amendments. Do you accept them? Mr. Carollo: I don't know, I think I would like to make a few more! Mr. Plummer: Good! Joef this is the time to do it. Mayor Ferre: No, you will have a... Mr. Carollo: No, no. I think that we are either going to bite the bullet now, or we are going to be waiting a lot longer than six months before this gets off the ground, and I am glad to see that the three people that are running in November are the ones that are biting the bullet. Mayor Ferre: Okay, are you ready to vote now? Mr. Plummer: Call the roll. :fir. Garcia -Pedrosa: Let me read the ordinance first. Mr. Plummer: Read the ordinance. 142 JUL 2 8 1983 ld 0 go AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 95009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 1550 ENTITLED "SPI-5: BRICKELL - MIAMI RIVER RESIDENTIAL - OFFICE DISTRICT" AND RELATED SECTIONS 1553 ENTITLED "PERMISSIBLE PRINCIPAL USES AND STRUCTURES", 1554 ENTITLED "PERMISSIBLE ACCESSORY USES AND STRUC- TURES", 1556 ENTITLED "MINIMUM LOT RE- QUIREMENTS; FLOOR AREA LIMITATIONS; MINIMUM OPEN SPACE REQUIREMENTS; LIMI- TATIONS", AND 1558 ENTITLED" OFF-STREET PARKING AND LOADING", OF ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC INTERESTS DISTRICTS", BY CLARIFYING LANGUAGE PERTAINING TO ALCOHOLIC BEVERAGES, FLOOR AREA RATIOS, MINIMUM LOT RE- QUIREMENTS, FLOOR AREA LIMITATIONS, YARD AREA REQUIREMENTS, SIDEWALK AREA REQUIREMENTS, AND OFF-STREET PARKING; AND BY REPEALING ALL ORDI- NANCES, CODE SECTIONS, OR PARTS THERE- OF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 9, 1983, it was taken up for its second and final reading by title and adoption. On motion of Mayor Ferre, seconded by Commissioner Carollo, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9668. The City Attorney read the ordinance into the public record and announced that copies were available to the memters of the City Commission and to the public. 143 g 19�3 JUL 2 0 f 77. FIRST READING ORDINANCE: AMEND ORDINANCE 9500, REGULATIONS OF SIGNS AND CR AND CR-3 DISTRICTS. Mayor Ferre: Let's take up Agenda Item Number 59. Are you ready to go on that? Staff, I understand now that you are going to be recommending this? Mr. Gary: we have a resolution to the problem. Mayor Ferre: I may vote for it, then. I stand corrected. (I'; AUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: I want to hear it first. Mr. Garcia -Pedrosa: That is first reading anyway, no? Mr. Sergio Rodriguez: For the record, my name is Sergio Rodriguez, Director of the Planning Department. On May 31, 1983, Ackerly Communications appeared before the Commission request relief from four provisions of the Zoning Ordi- nance 9500. Number one, amortization of non -conforming signs. Number two, exclusion of billboards from the CR-2 and CR-3 districts. Number three, computation on sign faces and Number four, height of signs. By Motion M83-449 of May 31, the Commission directed the Administration to have the City Attorney, members of the Planning Department and representatives of the Advertising Industry to negotiate a solution to this problem. The problem is basically that there has been litigation for the last 13 years between the City and the Ackerly Industry. In response to the Planning Department's request for negotiation, we offered the following compromise to resolve all issues as follows: Number one, existing billboards, nonconforming under Zoning Ordinance 6871, we recommend that 20% of the billboard structures, which in this case, the information that we have at the time we prepared the memo was approximate- ly 50, and 20% sign faces, approximately 63, whichever is greater, would be removed at the expiration of current leases, in effect, April 1, 1983, but not later than one year from July 28, 1983. These billboards to be removed to be jointly selected by tI.e City Manager and Ackerly Communications, par- ticularly in the following area: Biscayne Boulevard, Martin Luther King Boulevard, Coral Way, Little Havana, Coconut Grove, and Brickell Avenue, not to be relocated within the City. In the event that a joint selection cannot be agreed upon, the parties agree to present any such disagreement for a solution by the Miami City Commission, and to abide by the decision of this body. All other existing non -conforming billboards under litigation to be repaired, but not replaced. Number two, current provisions of Zoning Ordi- nace 9500, prohibiting billboards in CR-2 commercial/residential districts will be applicable. Existing billboards in this district can be repaired, but not replaced. Item Number three, CR-3 commercial/residential districts - billboards in this district will be allowed as a permitted use, subject to a 5G0 foot spacing requirement and consideration of adjacent land uses. Number four, amortization - amortization provisions of the Zoning Ordinance 9500 will be modified to provide that Pxistina signs, non -conforming under Zoning Ordinance 9500 could be repaired, but not replaced. Number five, ground signs will be limited to 30 feet in height. The definition of sign face will be modified as agreed before. Number six, litigation - the City and Ackerly Communications aaree to dismiss all litigation with prediudice. Each party is to bear its own costs and attorney's fees. That concludes my presentation. Mr. Plummer: Does Ackerly agree to that? Mr. Rodriguez: The change I had to make in my memo, my recommendation is based on information that we have received from Ackerly Industry about the number of bills which are in effect, we recommend that 35 structures, which are approximately 50 sign faces, will be included among_ the billboards to -e removed, anal our recommendation is that 25 of those be removed the J U L 28 1983 ld D 4 first year, and 10 on the following ;ear. Mr. Carollo: 25 the first year, and 10 the following year? Mr. Gary: Right, instead of 50, it is now 25 the first year, 10 the follow- ing year. Mr. Carollo: Well, the 50 is actually 35, right. Mr. Gary: Yes, it is 3 it has changed from 50 to 35. Mr. Carollo: Okay. In other words ... let me see if I follow you correctly - we are not giving them a break in structure. The 50 are actually faces. There is a total of 35 structures. Mr. Gary: Exactly. Mr. Carollo: That is correct, so we are asking 25 the first year and.... yr. Gary: 10 the following. Mr. Carollo: .... and 10 the following year. Mr. Gary: And I hadn't discussed it with them, even though they have given their word, we are going to jointly pick those signs, but if we don't agree, I am going to pick the signs. We have got to have 35, that is the agreement. Mr. Carollo: In two years, now. Mr. Gary: In two years - 25 immediately, and 10 the following. Mr. Carollo: For the record, and I think it is important to have this in the record so that it is clear to the public just what kind of an impact, finan- cially, it is going to cost them. Those 50 faces, 35 structures, approximately how much of an incomes does that bring to your corporation on a yearly basis? Mr. Eric Rubin: Well, I can tell you that it is well over $500,000, it is consiaerably over that. Mr. Carollo: well over $500,000, so they are taking quite a loss on that. If I may add, I just found out about this just two days ago, in fact. I was surprised. one of their sub -companies that used to be and had been over here in between the Gables and Miami, sandwiched in up on Bird Road for years and years, recently changed their offices to the City of Miami, in an area where few corporations have wanted to co, and that is over at N. W. 54th Street, off of 7th Avenue. They have bought a nice parcel of property there, where they have located one of their key offices at, and I think they should be compli- mented for that, because few corporations have gone out and made that commit- ment. They did without nobody psuhing their arms, or asking them, or praising them, and I found this out just by accident two days ago. Mayor Ferre: All right, Mr. Manager, are you in agreement with them? Mr. Gary: Yes. Mayor Ferre: Wait- a minute. Are you in agreement? I will recognize you in a moment. Mr. Gary: Yes, sir, with one modification that I talked to them about. Mayor Ferre: Tell me what it is. Mr. Gary: And that is, if we can't decide jointly, then we decide. The reason I am saying that is, if we don't decide, we'd never get anything done. Mr. Rubin: We understand that too, Mr. Mayor, but on that - that means that you decide. I think what we have envisioned - we have been doing this in aocd faith, and we envisioned doing this and we understand what our cbligaticn is, on the record. 145 J U L 28 1983 ld Mr. Carollo: Gentlemen, gentlemen, if I may... the words of the original agreement, or contract between the City and Ackerly was that if you never come to an agreement, and I am sure will, the Commission should decide. Now, Howard, I don't think it is fair that you are asking to take that right away from the Commission. I never seen that done before, so I.... yr. Gary: No, I didn't - well, first of... Mr. Carollo: .... am sure that you are happy... Mr. Gary: First of all, let me just correct the record. I did not say me. I said the City. That is definitely not me. Mayor Ferre: Okay, that is acceptable. Mr. Gary: I don't want to make that decision. I don't have to make that decision. Mr. Carollo: In other words, you are saying the Commission. Mavor Ferre: Yes, the Commission. Mr. Carollo: Well, that is what was said before. Mr. Rubin: We regard the Commission as a court of last... Mr. Gary: Look, I did not write that document. I did not put City Manager in there. I would rather not make decisions. They put it in there, and I was just `.racking their own language. Mavor Ferre: Mr. Manager, I think... Mr. Gary: The City Commission can make that decision. I.have no problem with it. Mavor Ferre: Mr. Manager, as you know, I was voting against it, and voted against it the last time around. Now, I think what you have accomplished, frankly, is nothing short of amazing. You come down from 100 down to 35... Mr. Carollo: It is a good agreement. Mr. Gary: We both worked together. Mayor ferre: And I want to tell you that I am voting for it, based upon your recommendation, so I don't think... now, the only last question I have, and Sergio, it really is to you, is there any significance, the fact that you and the two gentlemen- from Ackerly, all three of ycu have the same tie on. Mr. Rubin: No, sir. Mr. Gary: Mr. Mayor. Mr.'Mayer, and this is nothing against Ackerly, or the sign people, but I have been in two situations already when there are two parties that have to agree, and if either one doesn't agree, you get a stale mate, and I would suggest of Ackerly and those people that they allow this City Commission to make the final decsion we can't agree to. If we can't agree, we will never get down to one sign. Mayor Ferre: They have just accepted it! Mr. Carollo: They have accepted that. Mr. Garr: Fine. Mayor Ferre: Okay, Mr. Hadley, before we vote, do you wart to add something to this deliberation? To the subject! Mr. Charles Hadley: Not that I have ever been down here except I stay right on track, on the subject. Mayor Ferre: Right. Mr. Hadlev: Mr. Mayor, and the great Commission, as we have elected and 'rope to re-elect. I want to say this to :you. Over on 18th Avenue and 54th Street, those people moved on 9th Avenue and 52th Street. Mr. Chairman, I am surprised. These firms used a lot of Black people to put up these signs. 146 JUL 28 1983 ld Mayor Ferre: Charlie, we are voting for it! We are ?oing to vote for it. Mr. Hadley: (INAUDIBLE) not to cut the number of signs we have in the City of Miami. I am telling you, we don't need this (INAUDIBLE). We need (INAUDIBLE) in this City. Like the man that come in here and aoina to put people on the streets with less and less and less time. The next time they come down here, they are not going to vote you to have any. They don't own this City! The only thing they are trying to do is put more Black people out of jobs! Mayor Ferre: New, Charlie! Mr. mar;; That is not the case. Mayor Ferre: That's not the case. ,,r. Hadley: It is. Mayor Ferre: No, no, and listen. I think Howard Gary has done a wonderful Job in negotiating this, and I am willing to accept it. Mr. Carollo: 641:ere is T. W. Fair so you can reach a compromise? Mayor Ferre: Is there anything else? Mr. Plummer: Yes, I want to ask a question. There is two questions I want to ask. Mr. Gary, this is an agreement or compromise that has been reached with Ackerly. Something tells me there was another company. Mr. Rodriquez: Yes, there is another company. The instructions were to get together with the Ackerly Industry, with which we have litigation going on for 13 years. :dr. Plummer: Yes, but okay, now fine. We settle with Ackerly tonight, based on this compromise agreement? What about the other company. Mr. Rodriguez: They will have to follow the agreement that we have in rela- ticn to the zoning ordinance - the height and the faces. Mr. Carollo: Well, the other company, I think, has very few, if hardly any signs. Am I correct? Mr. Garcia -Pedrosa: They are not in litigation with us? Mr. Gary: No, they are not. They have very few signs. Mr. Plummer: We are establishing a regulation for the industry, okay? Mr. Garcia -Pedrosa: Yes. Mr. Plummer: Now, I have no problem voting for the compromise that has been worked out, but I am wondering what applies to the other companies that there has been no negotiation with? Mr. Gary: Well, the new companies have to comply with the new laws. The other companies that we have been negotiating with within litigation, we will be in contact with them, Commissioner, to get them to accept similar kind of arrangements. Mr. Plummer: Okay, my urderst.ndina, which, you.: said before was, that this company which you have worked out an agreement with, has agreed to drop all litigation. :ir. Well, there are a lot of pieces to this that have to come together, but at the conclusion of all this, we will drop the litigation, we will vacate it. We will enter a stipulation with the City Attorney's office. Mr. Garcia -Pedrosa: Oh, no, that is not acceptable. Mr. Gary: No, no. Mr.%Garcia-Fedrosa: Either ,,e litigate, or we settle. Mr. Fu i-.. Well, that is what we were saying. 147 JUL 2 81983 Id Mr. Gary: Well, say it on the mike like that. Mr. Garcia -Pedrosa: Well, the Vice -Mayor is asking whether they accept, right? If they accept the settlement, the litigation can be dismissed. yr. Rubin: I just said that what we would do is enter into a stipu- lation with the City Attorney's office. Mr. Plummer: I am just making it very... Mr. Garcia -Pedrosa: No, J. L. Mr. Gary: I will tell you boy, these lawyers! Mr. Plummer: Mr. Pedrosa, aet on the record! Mr. Rubin: Let me make something clear. There are a whole lot of different pieces to this, and one of those pieces is to resolve the ligitation, and we agreed to that, but there are a number of ether issues as well, and we will dro_n the litigation as part of all the other pieces as it all comes together. Mr. Plummer: Fine. Mr. Carollo: It is clear enough to me. Hearing no further... Mr. Garcia -Pedrosa: Does that mean, Mr. Vice -Mayor, I can sign a stipulation with this lawyer tomorrow? Will he sign, it with me tomorrow? Mr. Rubin: I would like to sign it tomorrow. Mr. Plummer: Will you have it ready? Mr. Garcia -Pedrosa: It will be ready if he is going to say yes. Mr. Rubin: No, I won't be here. We will sign the stipu... we will work this out. Mr. Plummer: Look, you legal beagles talk your language. Let me work my language. Mr. Garcia -Pedrosa: He has got a piece of litigation that he is hitting us over the head with for 13 years! Now, let's get rid of it. • (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: Okay, that is taken care of. (INAUDIBLE BACKGROUND COM!NIENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: That is my concern. Mr. Rubin: and we will in due course drop the litigation and waive our compensation rights. Mr. Plummer: That is what I was looking for. Ckay, fine. Mayor Ferre: Are we ready to vote now? Mr. Carollo: There is a motion. There is a second. Mr. Carlos Solo: I have a question.. Mayor Ferre: Yes? You have a question. Mr. Solo: Carlos Solo of Rite Media. The 500 foot spacing. Does that only apply to CR-3 or throughout the State? Mr. Rodriguez: The recommendations that we have, these are the 500 for the spacing - applies tc CR-3. Mr. Scl.:: All right, thank you. ld 148 J U L 28 1983 � E Mayor Ferre: All right, anything else? Mr. Garcia -Pedrosa: Yes, Mr. Mayor, I think it would be in order, since you have an ordinance on this, and a settlement, that you have both a motion to settle the lawsuit on the basis outlined and a passing of the ordinance. Mayor Ferre: We have a motion on the floor right now, don't we? Mr. Ongie: No. Mr. Garcia -Pedrosa: I don't think sc. Mavor Ferre: We don't have a motion? Oh, I stand corrected. Now, you want that one first? Mr. Garcia -Pedrosa: I- doesn't matter, but you do have an ordinance in the packet which ycu reed to pass --n first reading. Mavor Ferre: All richt. Mr. Carollo: So moved. Mayor Ferre: To the ordinance, as amended. :Moved by Carollo, seconded by Plummer. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 2026, ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS:, OF ARTICLE 20 ENTITLED "GENERAL AND SUPPLE- MENTARY REGULATIONS', AND SECTION 2107 ENTITLED "NONCONFORMING CHARACTERISTICS OF USE" OF ARTICLE 21 ENTITLED "NONCONFORMING," BY PROVIDING FOR INCREASED BILLBOARD HEIGHT AND SIGN FACES AND ELIMINATION OF THE AMORTIZATION PERIOD RESPECTIVELY; FURTHER, AMENDING SHEET 3 AND SHEET 4 OF THE OFFICIAL SCHEDULE OF DIS- TRICT REGULATIONS MADE A PART OF SAID ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN SECTION 320 THEREOF, BY PROVIDING FOR BILLBOARDS IN CR-2 AND CR-3 DISTRICTS AND INCORPORATING THE AFOREMENTIONED TEXTUAL CHANGES; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members off the Citv Commission and to the members of' the public. yJ 149 JUL 28 1983 0 78. AUTHORIZE CITY MANAGER AND CITY ATTORNEY TO EFFECT A SETTLEMENT WITH ACKERLY COMMUNICATIONS. Mayor Ferre: All right now, with reaards to the resolution and the settle- ment. Where is the resolution, Mr. City Attorney? Mr. Garcia -Pedrosa: No, there is no resolution, Mr. Mayor. What we need is a motion, which we will formalize to settle the ::ase. Ma -or Ferre: That is what I am sating - a motion.. Word it. Mr. Garcia -Pedrosa: oh, that the City Manacer and City Attorney are hereby instructed to effect a settlement with Ackerly Communications along the lines outlined in the report by Mr. Rodriguez as amended. Mavor Ferre: all right, moved by Carollo, seconded by Plummer. Further discussion? Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION NO. 83-711 A MOTION AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO EFFECT A SETTLEMENT WITH ACKERLY COMMUNICATIONS ALONG THE LINES AS OUTLINED IN A REPORT SUBMITTED BY MR. SERGIO RODRIGUEZ AS AMENDED, TO THE CITY C0MMISSI0N ON THIS DATE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 79. DISCUSSION ITEM: REVIEW OF APPROVAL FOR DRIVE-IN TELLERS, FOR SUN BANK, 100 N.W. 12 AVENUE. (see later, same meetina.) Mayor Ferre: Take up Item Number 50, Resolution 82-470 which granted approval for drive-in tellers at approximately ... in conjunction with the new offices of Sun Bank. Any problem with that? Mr. Plummer: Let me see the plot plan. Mayor Ferre: Who has the plot plan on 50. Mr. Plummer: I understand. I bank there. What is the stackiro_ on this? How mar.v? Mayor Ferri. Are you read•:? Mr. Plmrnmer: No, wait a minute. whoa. Mayor Ferre: All right, this matter is delayed until the next Ccmmission meeting. I am sorry. JUL 28 1983 ld 150 Mr. Plummer: No, no. I didn't say that! Let me tell you what my problem is very quickly. You are emptying out on N. W. 1st Street. That is only one way! Mr. Andy Carlino: Yes, sir. Mr. Plummer: whereas if you emptied on end Street, it is two ways. Mr. Carlino: Yes, we realize that. Actually that impacts the marketing of the bank, and not the traffic. From a traffic standpoint, it is a benefit to exit on a one way street rather than a two way street. We enter on 2nd. We have a separate entrance for the drive in tellers, a separate entrance for the customer narking. Mr. Plummer: Let me ask you this. Is there a way - not not the way you have cot it designed here! Hey, you know, you might tell that to someone who doens't go by the bank every morning and who deals with ::our bank. I deal with your bank. Mr. Carlino: Well, presently the drive in tellers are... "fir. Plummer: Your drive in tellers, as they presently stand, come in from 13th Avenue. Mr. Carlino: That is exactly correct. Mr. Plummer: And you know, you can go out either way. Mayor Ferre: All right, we have got to move along to the next item. Mr. Plummer: Let me look this thing over. Don't rush off. Mr. Carollo: Excuse me, ever heard of... 80. GRANT CONTINUED APPROVAL FOR DRIVE-IN TELLERS, 1200 BRICKELL AVENUE, IN CONJUNCTION WITH PAN AM HANK. Mayor Ferre: All right, now Agenda Item 51. Let's see the map on 51. This is the Pan American Bank. Plummer, do you have any problems with 51? 1200 Brickell Avenue. Mr. Carollo: It is the only place they could empty out of. Mr. Plummer: This is adequate. Mr. Carollo: I move 51. Mayor Ferre: All right, Carollo moves 51. Plummer seconds. Further dis- cussion? Call the roll on 51. The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION NO. 83-712 A MOTION GRANTING C-_NTINL'ED APPROVAL FOR OPERATION OF DRIVE- IN TELLERS LOCATED AT 1200 BRICKELL AVENUE IN CONJLNCTION WITH PAN AMERICAN BANK AS ORIGINALLY GRANTED BY R-62-565. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollc Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Millar J. Dawkins Commissioner Demetrio Perez, Jr. 151 JUL 28 1983 81. DISCUSSION AND DEFERRAL OF CONSIDERATION OF EXTENSION OF VARIANCE FOR OFF-STREET PARKING SPACES, 5929 N.W. 7TH STREET, PAN AMERICAN HOSPITAL. Mayor Ferre: Take up Agenda Item 53. This is a resolution extending a variance for waiver of 28 of the Z74 required off-street parking spaces at the Pan American Hospital. Now you want an extension of the variance. Do you have any problems with that at the Staff level? Mr. Plummer: A five year extension? How much is this extension that you are on now? Unidentified: Five. Mr. Plummer: Move it. Mavor Ferre: Plummer moves Item 53. Carollo, you all right on that? Pan American Hospital? Mr. Carollo: 53? Certainly, yes. Mayor Ferre: All right, there is a second on 53. It is a 28 parking space waiver. Mr. Carollo: Okay now, is this for Pan American Hospital itself? Mayor Ferre: Yes. Mr. Carollo: "Approval for a 5 year extension of a variance". Why do they need the 28 waivers? Mayor Ferre: Because they are required to have 274 parking spaces, and they don't have them. They are 28 short, so what we have done, we have waived it. Mr. Carollo: For another 5 years? Mavor Ferre: That is right. Mr. Carollo: Is there any way... how long do you have this waiver for now? Unidentified: Actually this is the second 5 years. It has been in place for quite a while. Mr. Carollo: This is the second 5 years. In all that time you haven't been able to find any solution, maybe build a 2-story garage, or anything of the sort? Unidentified: There really has been no need for it. It has not been a problem. Mr. Carollo: I would like to defer this until September until I can have a look at it. Mayor Ferre: All right, this item is being deferred until September then. 152 ld J U L 28 1983 1b Id 82. ACCEPT PLAT "ANCHORAGE". Mayor Ferre: We are now on Agenda Item Number 54, accepting a plat of the Anchorage, Devon Road and Main Highway. The Plat Committee recommends it and the Zoning Committee recommends it. Is there any discussion on this? Item 54, this is accepting of a plat. Mr. Gary: No. Mayor Ferre: Plummer moves. Carollo seconds. Further discussion? Call the roll on 54. The following resolution was introduced by Commissicner Plummer, who moved its adcption: RESOLUTION NO. 83-713 A RESOLUTION ACCEPTING THE PLAT ENTITLED "ANCHORAGE", A SUBDIVISION IN THE CITY OF MIAMI: AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 83. DISCUSSION ITEM: FUNDING CF BUENA VISTA ECONOMIC DEVELOPMENT PROGRAM. :savor Ferre: We are new on Agenda Item Number 66. This is funding of the Edison. Buena Vista Economic Development Program. Mr. ^tanager, where do we stand on the funding of the Edison Buena Vista Economic Development Program? Mr. Gary: The answer is still "nc", and Charlotte Gallogly is going to speak to the issue. Ms. Gallogly: Basically the issue is does the Edison Buena Vista need an Economic Development Program? We do not feel that it does since it is a component of the Edison/Little River area. It is primarily a residential arcZ. It is does not have a large business community and we feel that the Little River Chamber of Commerce was currently under contract to provide those services in that area. Mayor Ferre: All right, does anybody want to make a motion for this? ?:raring none... 153 JUL 2 g 19$3 0 Mr. Carollo: What are they requiring? Unidentified: I would like to say one thing'on it. Mayor Ferre: Yes, sir. Sure. Unidentified: In that statement, she said that Little River. The Little River is on the north; the Design Plaza on the south; the Haitian Task Force on the east. The three organizations, neither are doing anything in city or the west, and she is talking about what Little River can do, and which thev are not doing anything south of 79th Street. Design Plaza is not doing anything north of 41st Street. The Haitian Cask Force is not doing anything. That is why we are requesting this to come to the other part. Mr. Carollo: Mr. Mayor, I haven't seen in all the years that I have been here a group of people as dedicated as these people. They have come here every meeting that they were supposed to be on. The:: have been here since 9:00 A.M. They stay here tit 9:00 P.M. and after. I really believe that this kind of dedication srews that these people are truly coing to do a good job. Mr. Cruz Rodriguez: May I say something? This is the fourth time that we have been here. Mr. Ongie: Your name, please? Mr. Rodriguez: My name is Cruz Rodriguez, and elected treasurer of this organization. I want to point out that the opinion that Mrs. Gallogly has in the last meeting, I cannot believe that she can have that opinion of the present board of Edison -Buena Vista, because she knows that for one year and a half, we have been working very hard to try and clear the atmosphere around the Edison -Buena Vista. And she knows that with our own money we hired a lawyer to recover the building that was mistaken on by the person who was the director of this organization, and she knows that we had meet- ings with her and the staff that she represents for more than six or seven times, that we clear ... and I want the Commissioners here today - we want to be clear tonight that all the monies that were mentioned in the last meeting regarding the other board handling the money of the Edison -Buena Vista was clearly accepted by Mrs. Gallogly in the last meeting that we had in her office, that she called the budget man and they accepted that it was already clear for them that we make everything right. And there was $75.00 difference, and Mrs. Gallogly said that she accepted that. I can't believe, again, that people like us that are trying to re-establish an organization in the community, that when the people call and say we want to reorganize Edison -Buena Vista Development Corporation and we have been one and one-half years trying to reorganize this and we are coming into this meeting and asking the Commissioners to help Edison -Buena Vista and we are coming to the office of Mrs. Gallogly for eight times and she promised us to help and one day she comes here and makes a negative image of our organization. Mayor Ferre: Look, Mrs. Gallogly and the Manager have recommended against this. Now, right now, for this to become a reality, you need three votes. It is that simple. Now, I don't hear anybody making any motions. Now, do you want to say anything else? Charlotte: Ms. Gallogly: The issue is not the organization. They are to be commended for helping us resolve this question caused by the old Board of Directors. The issue is, does that district... is it large enough commercially to justify a separate economic program. That is where the issue is, and... Mr. Rodriguez: We have got 250 businesses in that area! Ms. Gallogly: We do not recommend that. We feel that there are already four economic agencies in that area working with a number of the businesses. We have... Mayor Ferre: I think it is a question that we need to make sure that those agencies that are working there cover those particular businesses. Ms. Gallcgly: Yes, and I have talked to the Little River Chamber of Commerce. Mayor Ferre: Can't you bring them into the Little River Chamber of Commerce? ld 154 J U L 2 8 1983 Ms. Gallogly: Yes, they are willing to work with them and to take over and run a program in that area. Mayor Ferre: Look, we are not going to be creating separate kingdoms. We can't go around taking the city and chopping it up into little kingdoms all the time. Now, the recommendation that she is saying is go work with the established organizations. There is four of them - choose one of them that you can get along with. Uni-entified: I only know three - the Design Plaza on the south; the Haitian Tasx Force on the east, and Little River north of 79th Street on the North. Where is the other one? What is the other one? :ds. Gallogly: There is the Economic Development Committee of the Design Plaza, which is different from the Desig:: Plaza Merchants Association. Those are two distinct groups. There is also a new builders group in the Buena Vista area. There is the Haitian Task Force and the Little River Chamber of Commerce. Mayor Ferre: All right, we treed to wind this one up. We are on Item Number 7Z. There is no use you standing there. You know, you don't have three votes here. So, you come back again. You are getting one more chance. I will tell you what. Next time you come here, I promise you, I will take you up first so you don't waste all day here. You come here in the September meeting or the October meeting and if you haven't been able to work something out, I will take you up first. All right? 84. GRANT REQUEST MADE BY REPRESENTATIVES OF LITTLE HAVANA COMMUNITY CENTER ALLOCATING AN AMOUNT NOT TO EXCEED $74,660 FOR THE PERMANENT SECRETARIAT FOR THE HEMISPHERIC CONGRESS OF THE AMERICAS. Mayor Ferre: We are on Item Number 72. Captain Alexander. Mr. Gary: Mr. Mayor, if I can cut this short, they had a program last year. We have already given them $35,000 for the fair. They got the money in their hand. I hand delivered it; I didn't mail it! They have asked for their permanent secretariat and the budget was about $86,000 and some; I reduced that by $10,000 - they had $20,000 for travel and I reduced it by $10,000. They accepted. We recommended $76,000. We funded this program last year. Mayor Ferre: Are you ready to vote on it? Mr. Plummer: I am not ready to vote on a reduction. We made a commitment and I am going to live up to that commitment. Mr. Gary: Hev, they agreed with me! Man, what the hell is wrong with you? $20,000 they wanted for travel! Mayor Ferre: Hey, they are happy! Mr. Plummer: I will split the difference. What was the difference? Mr. Gary: I am not splitting anything! J. L., that is ridiculous! Come on, now! They agreed to it - the damn budget was passed. Mayor Ferre: Capt. Alexander, is the figure that the Manager made for you acceptable? Capt. Alexander: Yes, we can go along with that. I mean, I know that we have to make some sacrifices, but we can go along with it. Mayor Ferre: Eastern Airlines is going to help on that, right? All right, Plummer moves. Carollo, you going to second? The Manager's recommendation, he cut them down a liftle .it. He is recommending it. Mr. Carollo: What is ::^e reccrmnending? Mayor Ferre: For the permanent secretariat and for the... 1983 id 155 JUL 28 0 Mr. Gary: $76,000. Mr. Carollo: $76,000? What is the new amount he is recommending? Mr. Gary: $76,000. Mr. Carollo: $76,000 - okay, I move. Mayor Ferre: It has been moved and seconded. Further discussion? Mr. Gary: I am sorry. It is $74,660. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 53-714 A MOTION GRANTING A REQUEST MADE BY REPRESENTATIVES OF THE LITTLE HAVANA COMMUNITY CENTER FOR FUNDING, FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $74,660 TO BE USED FOR THE PERMANENT SECRETARIAT FOR THE HEMISPHERIC CONGRESS OF THE AMERICAS. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 85. DISCUSSION ITEM: PERSONAL APPEARANCE BY REPRESENTATIVE OF ONE -ART BALLET FOR REQUEST FOR FUNDING. Mayor Ferre: We are now on Item Number 73, which is the One -Art Ballet. Where is the One -Art Ballet? You have been patient too. Ms. Arlene Hilton: Yes, very patient. So are you. Mayor Ferre: Go ahead. Ms. Hilton: There was an editorial in the Miami yews yesterday afternoon that speaks very much to what we are asking for and to our philosophy. This is speaking specifically about the Coconut Grove Cares Youth Boxing Program, but it is the same kind of very small program that are that is dealing with very specific problems. Mayor Ferre: Ma'am, I didn't catch your name, I am sorry. Ms. Hilton: I am Arlene Hilton, I live at 22... Mayor Ferre: Have you talked to the Administration about this request? Ms. Hilton: Yes, we have talked to the Administration several times. Mayor Ferre: Is the Administration recommending this? Mr. Plummer: Dces the rdministrati n reccmmend this? 156 JUL 2 8 1983 Id # 6 Mr. Cesar Odio: No, sir, we don't. We met with this group and we informed them that this is a school function and that they should go to the School Board. Mavor Ferre: These people have been waitina all day. Let's be at least courteous to them. Mr. Odio: We met with them and we informed them that we felt that this was a School Board Function, and that they should go to the School Board and have them fund it. We have funded them in the past for other activities, but we felt for this one in particular, we should not do it. Mr. Gary: For the summer recreation program we are funding them, and they are providing the services. However, we feel this is a School Board function and the School Board should pay for this. Mayor Ferre: Anybody who...? Ms. Hilton: I would like to just quote from the editorial because it speaks directly to this - if I miaht. Mr. Gary: Is that the Miami Herald? Ms. Hilton: No, Miami News. Mayor Ferre: That is okay then! You read it. Ms. Hilton: Okay, it says: "The City and County budget makers like their counterparts at State and National levels frequently overlook the kind of relative- ly small and inexpensive programs..." Mayor Ferre: Yes, they were talking about the Elizabeth Virrick program and the gym and all - I understand. And we do - we can't do them all! And the Manager is not recommending that we can do this one, so unless somebody wishes to make the motion... anybody want to make the motion? You need three votes. Ms. Hilton: Thank you. 86. GRANT CONTINUED APPROVAL FOR DRIVE IN TELLERS 100 S.W. 12TH AVENUE IN CONJUNCTION WITH NEW OFFICES OF THE SUN BANK OF MIAMI. (See also Label 79) Mr. Plummer: Mr. Mayor, I'd like to revisit with Agenda Item 50. I will make the motion to approve. Mayor Ferre: Plummer moves Item Number 50. Carollo seconds. Further discus- sion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-715 A MOTION GRANTING CONTINUED APPROVAL FOR OPERATION OF DRIVE- IN TELLERS AT APPROXIMATELY 100 N. W. 12 AVENUE IN CONJUNCTION WITH THE NEW OFFICES OF SUN BANK OF MIA.^1I AS ORIGINALLY GRANTED BY R-82-470. upon beina seconded by Commissioner Carollo, the motion was sassed and adopted by the followina vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer. Jr. Mayor Maurice A. Ferre NOES: bore A pp ABSENT: Commissioner :Filler J. Dawkins JUL 2 Q 19W Commissioner Demetrio Perez, Jr� ` 5 ld 87. AU'THORIZE CITY MANAGER TO ALLOCATE AMOUNT NOT TO EXCEED $15,000 AS A CONTRIBUTION TO THE UNITED NEGRO COLLEGE FUND ANNUAL SCHOLARSHIP DRIVE. Mayor Ferre: Agenda Item Number 93. Go ahead. Mr. Gary: That is 93 for people being here, right? Mayor Ferre: Request for a contribution to the United Negro College Fund. Mr. Manager, do you recommend that? Mr. Gary: Ricky recommended something here. Mr. Plummer: Hcw ;Huth? Mr. Gary $1510GO. Unidentified Speaker: $15,000. Mr. Plummer: $15,000? I move it. Mayor Ferre: Well, what is your recommendation? Mr. Garv: Fine Mayor Ferre: All right, there is a motion. Joe, you going to second it? United Negro Cillege. Mr. Carollo: Yes. Mayor Ferre: All right, fine. That is two. Now you need a third one. Let me see you smile again. Unidentified Speaker: Thank you very much. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 83-716 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN A14OUNT OF NOT TO EXCEED $15,000 AS A CONTRIBUTION TO THE UNITED NEGRO COLLEGE FUND ANNUAL SCHOLARSHIP DRIVE. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 1d 158 JUL 28 1983 88. FIRST READING ORDINANCE: AMEND SECTION 4-3 OF THE CODE, AS AMENDED, HOURS OF SALE FOR ALCOHOLIC BEVERAGES. Yx . Plummer: Read 16, on First Reading. Mayor Ferre: This is on First Reading - hours of sale for alcoholic beveraaes by hotels, motels and apartments with a hundred or more guest rooms. All right, Plummer moves. Carcllo seconds. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH ESTABLISHED THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES, BY AMENDING PARAGRAPH (5) OF SUBSECTION (c) OF SAID SECTION 4-3 TO PROVIDE THAT VENDORS OF BEER, WINE AND LIQUOR HOLDING A STATE BEVERAGE LICENSE IN CONNECTION WITH HOTELS, MOTELS OR APARTMENTS HAVING 100 OR MORE GUEST ROOMS, AND WHOSE SALE OF SUCH BEVERAGE IS BY THE DRINK (CONSUMPTION ON THE PREMISES), MAY OPERATE AND STAY OPEN FOR BUSINESS UNTIL 5:00 A.M. ON WEEKDAYS, INCLUDING SATURDAY AND SUNDAY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and passed on its first reading by title by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. The Citv Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the members of the public. 99. DISCt'SSI^N ITEM CO?YIENDING MS. MARILYN REED FOR EER EFFORTS ON BEHALF OF THE CITY CF MIAMI. Mayor Ferre: All right, I would like to make a motion, J. L., commending Marilyn Reed. Is Marilyn still around here? You know, we sometimes disa- gree with Marilyn Reed and she disagrees with us more than we disagree with her, but J. L., and Carollo, Marilyn Reed single handedly went down there and went down there and went to battle for the City of Miami and did one heck ofa jcb, and I really want to make a motion to commend her for her efforts on behalf of the City. The battle is not over vet. Okay, it comes hefore t-e Cahinet on September 6th. 159 id JUL 2 8 1983 0 4 90. AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENT, COCONUT GROVE BANK, THREE YEARS WITH LEASE RENEWAL OPTION FOR OFFICE SPACE FOR THE DEPARTMENT OF COMPUTERS. Mr. Gary: I need Agenda Item Number 79, plsase. Mayor Ferre: Item 79? Mr. Gary: Mr. Mayor, this is executing a lease with the Coconut Grove Bank to move the computer operation there out of the police operation because we are consolidating all of our computer operations. item 79. (INAUDIBLE BACKGRCUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Garv: It was on the Agenda You and I talked about this. Ma•:or Ferre! This is Item 79. Plummer, are you moving it? Mr. Plummer: Yes. Mayor Ferre: Plummer moves. Carollo, are you all right on 79 with these computers at the Coconut Grove bank, whatever? Mr. Carollo: Yes (INAUDIBLE, NOT ON MICROPHONE) Mr. Garcia -Pedrosa: You don't have a resolution on this one either, Howard? Mayor Ferre: It has been moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-717 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, SUBJECT TO APPROVAL OF THE CITY ATTORNEY WITH THE COCONUT GROVE BANK FOR THREE (3) YEARS WITH A LEASE RENEWAL OPTION FOR TWO (2) YEARS FOR OFFICE SPACE LOCATED AT 2850 TIGERTAIL AVENUE, FOR THE DEPARTMENT OF COMPUTERS; ALLOCATING FUNDS THEREFOR FROM DEPARTMENTALLY BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. :flavor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 1 1d 160 JUL 2 8 1983 91. AUTHORIZE AND DIRECT CITY MANAGER TO ADVERTISE AND RECEIVE PROPOSALS FOR PSYCHOLOGICAL STRESS MANAGEMENT TRAINING FOR THE POLICE DEPARTMENT. Mr. Gary: I need Agenda Item ."lumber 90. Mayor Ferre: ".!%,,:thorizina and directi:ig the Manacer to advertise. ..". Sr. teary: This will go out tv R.F.F.'s, fir. Mayor. In compliance with what you said, if I go for the simulation models to ao for ps'_cheloaical Stress tralninc. Mayor Ferre: Amen. Plummer, you wan`_ to move that. Mr. Gary: J. L., move it. Mayor Ferre: Plummer moves 90. This is a question of police training_ and psychological testing, and all that. Mr. Carollo: Yes. Mavor Ferre: Plummer moves. Carollo seconds. Further discussion? Call the roll on 90? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-718 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ADVERTISE FOR AND RECEIVE PROPOSALS FROM INDIVIDUALS OR FIRMS DESIROUS OF PROVIDING PSYCHOLOGICAL STRESS MANAGEMENT TRAINING AND HUMAN RELATIONS TRAINING FOR THE CITY OF MIAMI POLICE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre LACES: None ABSENT- Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 1G 161 JUL 2 8 1983 4W 92. APPROVE CONCEPT FOR THE MASTER PLAN OF THE DINNER KEY MARINA REDEVELOPMENT PROGRAM, AS SliBMITTED TO THE COMMISSION OF THIS DATE. Mayor Ferre: Agenda Item Number 92, which is the Dinner Key. Counselor, show us the picture. Is Mr. Greenleaf here? Mr. Carollo: Manager recommends? Mr. Odio: Greenleaf and Telesca will make a quick rresentation. Mr. Ron Falke: M•: name is Ron Falke, I am Project Manager with Greenleaf and Telesca. Because the hour is late, what I am here today is to ask you for your endorsement and your approval of the concept of the Dinner Key Marina renovation, so we can proceed with the project on a timely basis and we feel that with your approval today that we can be... Mayor Ferre: I am willing to vote on this, provided however, that it is stipulated that the quality that these piers be no less than the quality of the piers being built by the Coral Reef Yacht Club and those built by Monty Trainer. Mr. Carollo: If you want to see good Piers, go to Trainers. Mr. Gary: This one is going to be better. Mayor Ferre: Well, I don't know whether it is better. I will only vote on this on that premise, that they will be at least as good as those being built at Coral Reef and Monty Trainer's. Mr. Falke: We have quite a bit of public input on this now, but I would like to point out that on August llth, we are meeting with a public hearing and a work/workshop with the Waterfront Board and... Mayor Ferre: Thank you. Mr. Plummer: Wait, let me just ask one question. Does your study, or your proposed scope of work include the Seminole Docks? Mr. Falke: That is correct, sir. Mr. Plummer: Okay, well, I am getting a lot of heat once again from the boating people that they want that out of the regular contract, because they don't want to wait around as long as it will take to build the marinas. Now, what can we do to expedite for that two -dollar boater, you know, a ramp - are you going to do the improvements? Mr. Falke: That could be the first phase of construction and be under way shortly after the first of the year. %`r. Plummer: You know, it is fine for the guys with 40, 50, 50, 60, 70 foot yachts, but Seminole is used for the guy with a boat trailer, okay? And I want to tell you what is there presently and at Virrick's Gym is a disgrace, and they need to be upgraded. They need to be brought into first class. Now, you want my vote? I want an assurance that Seminole and Virrick are going to be fixed up to a first class condition. Mr. Gary: I told you it was. Mr. Plummer: Fine. Yci got my vote. That was all I needed. Xayor Ferre: All right, Finer, are you ready to vote on this -- Mr. Carollo: I move. Mayor Ferre: All right, Carollo moves. Plummer, are you seconding? Come on, J. L. 1�V2 Id JUL 28 1983 Mr. Plummer: I said yes! Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption. .MOTION NO. 83-719 A MOTION APPROVING THE CONCEPT FOR THE MASTER PLAN OF THE DINNER KEY MARINA REDE%'ELCPMENT PROGP.AM AS SUBMITTED TO THE CITY COMMISSION ON THIS SAME DATE BY THE GREENLEAF AND TELESCA FIRM. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice-Mavor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 93. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $15,000 TO THE COMMITTEE FOR THE MIAMI RIVERFRONT REVIGALIZATION. Mayor Ferre: All right, Mr. Manager, last year on that Riverfront Revitali- zation, we gave $10,000. They are asking for $30,000 this year. I think we ought to give them a little bit more than we did last year, so I move that we give them $15,000. Mr. Gary: We had agreed on one thing - we are ready to go. Mr. Carollo: Where are we... Mr. Plummer: Second the motion. Mayor Ferre: All right, call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 83-720 A MOT IO1; AUTHORIZING AND DIPS CTING THE CITY MANAGER TO ALLOCATE AN AMOUNT CF NCT TO EXCEED $15,000 TO THE COMMITTEE FOR THE "XIRMI RIVERFRGNT REVITALIZATICN". Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 163 'JUL 2 81983 Id 11 0 94. DISCUSSION ITEM: $20,000.00 GRANT FROM 1983-84 REVENUE SHARING FUNDS IN SUPPORT OF THE URBAN LEAGUE OF GREATER MIAMI. Mr. Carollo: I need Item Number 96. Mr. Manager? Mr. Gary: Yes. Mr. Carollo: 96, can we bring it up now? Mr. Gary: We can, it is up to the Commission. Mr. Gary: I want a full Commission! (LAUGHTER) Mayor Ferre: He doesn't have the votes. Mr. Carollo: Well, I want to bring 96 up. Mr. Gary: Could I get 81, 82? Mr. Carollo: It is the $20,000 grant to the Urban League of Miami now. Mayor Ferre: And don't you talk on this. Mr. Charles Hadley: I'm here for myself. Mr. Gary: Hey, Mr. Hadley, would you sit down? Mr. Carollo: One of the problems that I see right off the bat, is that according to the National Urban League, there is no Urban League of Greater Miami anymore. They are not allowed to use that name anymore, so how can we give $20,000 to a organization that is in fact, illegal, according to what the National says. Mr. Garcia -Pedrosa: Do you know the difference between illegal and unlawful? Mr. Carollo: That is my first point. If I need to proceed any further in that, I will be more than happy to, but I think that alone should be enough. Mayor Ferre: So, what are you doing? Mr. Carollo: Well, Number one, there is no official record anywhere, and I am not talking about anybody's recollection, because we are all human, and we could all think something was done that was never done. I am talking about the official minutes of the City of Miami. That is the only thing that is legal and binding. There is no record anywhere that a motion was ever made to give $20,000 to Mr. Fair or the organization that he represents. I think, Number one, that... Mayor Ferre: He is already in New Orleans. He has spent the money! Mr. Garcia -Pedrosa: Take it out of Gary's salary! Mr. Carollo: Well, you know, if that would have happened to someone else, the State Attorney might have been knocking at their door! I think this is a very serious matter. To give away $20,000 of the taxpayer's money, first of all without no authorization, secondly of all, we don't know where that money is going to, or how it is going to be used. Well, I don't know about New Orleans for me, but I know some fancy condominiums off by the bay and some fancy cars and fancy offices, but it is my understanding that no one from this illegal organization ever asked for those funds. Well, my God, are we turning into Santa Claus now, that we are going around town, just throwing money away? Mr. Gary: Oh, we have been Santa Claus a long time! Mr. Carollo: Yes, but at least the times we play Santa Claus it has r en for people that have asked for gifts, not for those that alleged that they had never asked for any gifts. What Mr. Fair wanted was $500, like he alleged he wanted, I will be more than happy to loan it out of my own pocket to him, but I don't think the City should be putting up $20,000 to an organzation that has been in 164 - J U L 2 8 1983 ld 0 6 Id deep financial trouble, alleges that it has not asked for that money and has not even submitted, or begin to submit a proposal as to where the money is going to be spent in an organization that in fact, does not exist anymore, and that by using this name, it is doing something that is illegal, because the National organization says that they cannot use that name anymore, so based upon that fact, what I would like to suggest is that we do the follow- ing, that we give $20,000 either to the local legal branch of the N.A.A.C.P., or to the businessmen's group that is trying to rebuild Overtown and Liberty City in the forms of jobs cr, I will even go further than that - we would even give the $20,000 to any organization like J.E.S.C.A., which has been doing a heck of a job and is located in the heart of the Black community! Mayor Ferre: So one thing has nothing to do with the other. I don't have any problems taking these things separate. I think the main issue, and I think we ought to just get it clarified, is the cuestion of the Urban League check. Now, as I understand it, it came up on July 2th, and we can't find a record of it. Is that what the problem is? There must be a tape on it! Mr. Gary: Well, we c_zn find a record. Mr. Carollo: Well, M r. Vanaaer, with all due resrect... Mr. Gar;: I'll let you talk, if you will let me talk. Mr. Carollo: Where is the record? I'd like to see some proof. Mr. Gary: well, let's go back, that's important. First of all, there was a statement that there was no mention at all of the Urban League in the record. Nothing at all! Fortunately, we have got a backup tape. Mayor Ferre: Was I at that meeting? Mr. Gary: Yes, you were at that meeting, and that tape brought out the fact that Commissioner Plummer wanted the Urban League to get $20,000. The informa- tion occurred - we were talking about one item; it interrupted that item; Com- missioner Plummer made the motion for the $20,000; Commissioner Dawkins seconded it and it was voted on, the Mayor called the motion and three people voted for it. Unfortunately, it appears that the resolution, which was not read on the record, but which was typed on the record, put the wrong resolution on. There is no doubt in my mind that the $20,000 was voted or., and it was voted on by the three people that were here. Mayor Ferre: Did I vote for it? Mr. Gary: Yes, you did. Mr. Carollo: If I may, Mr. Clerk, is there anything in the official City records and transcripts and with due respect...Mr. Gary's mind and recollection, it is your minutes that you are bound to keep by law, that is why -we have you and your assistants here. Is there any record to that in these minutes? Mr. Ralph Orgie: No, and I am sorry to disagree with the City Manager, but unfortunately, what he said is incorrect. The matter that was pending before the Commission had to do with the acceptance of grant for Job entrant Program Fund. Mr. Plummer made a remark to the City Manager - that is true, I have submitted the verbatim transcript to the City Commission, to the Manager, to everybody else - not only one tape system, but two tape systems have proven that there is no question that Mr. Plummer made the remark to the Manager, but he specifically said, "We are going to talk about that with Federal Revenue Sharing Funds". There was never any motion made whatsoever, by this Commission, to allocate that money out of anything else. As a matter of fact, the record speaks for itself. It has already been transcribed. He said to the Manager, "I will be pushing very hard for a minimum of $20,000 when we talk about F.R.S. funds to keep those doors open, because we need the Urban League in Miami". It is plain and simple. Mr. Garv: And a vote was called. Mr. Ongie: No, sir. Mr. Gary: Yes, it was. Look at the minutes. 165 JAIL 2 81983 0 1 Mr. Ongie: No, sir. No, sir, he interrupted, as I said, and I will say it again. The resolution before the Commission was on the Cuban ... you can listen to the tape forty-five times, as I have. We never called the roll on such a motion. Mr. Plummer: Excuse me, let me ask a question, because you know, I am out in Phoenix, and I start getting phone calls. Did you, Mr. Ongie, tell the press that there was no tapes of that at all? Mr. Ongie: Certainly not. They know better. Not only is there a tape, there are two systems that are four -channel, quadraphonic sound, so the most whis- pered remark aets on that tape. There is absolutely no doubt! And I mean, all the whispered remarks! Mr. Plummer: They woke me uw at 6:00 o'clock in the morning in Phoenix.... Mayor Ferre: I wish you had told me that before. Mr. Plummer: .... to tell me that there was no tape. Mr. Cnaie: That is absolutely not true. The tapes are there. The tapes have been transcribed and the tapes are available for anybody that wants to listen to them. Mr. Carollo: Gentlemen, if I may, before I make any additional statements, I would like to give .Mr. Hadley the opportunity, since he has been so patiently waiting, to say whatever he would like to. Mayor Ferre: I don't think Mr. Hadley wants to say anything about this, do you Mr. Hadley? Mr. Hadlev (AWAY FROM MICROPHONE). I don't have anything to say about this Mr. Mayor. Not a thing. The only thing I know, Mr. Mayor, know more about how to pronounce Charlie Hadley's name than I know myself. I want to say this to you and I hope the...(INAUDIBLE)... and I started to say it this morning, but... (INAUDIBLE). Mayor Ferre: I'm sorry Uncle Charlie. Mr. Hadley: But you know when White folk start to talking, sleeping White, eating White and talking Black, it's time for me to get out of here or either Howard to aet out. But when you begin to find a Black man sleeping White, eating White and talking Black, it's time for me to get out. But I didn't come here for that, I came here for one thing. They wouldn't put me on the ageria. I begged them to put me on the agenda. Jack Gordon has already made arrangements that I should go to California to that health spa and clinic. That health spa and clinic, he said would help me a whole lot and now you all are passing out this damn money, give me fifty please. I hope it's on the record. (INAUDIBLE COMMENT FOLLOWED). :dr. Carollo: Thank you, Mr. Hadley. Mayor Ferre: All right, let's move along. Mr. Carollo: I think we have heard from the official keeper of the City's records and minutes. That is the City Clerk. That is the man that we place our trust for that area of responsibility - Mr. Ongie. Now, I think Howard's heart is in the right place, but it has not been the first time that your mind or our minds has not, possibly... we are all human, and we forget, but the tape recorder doesn't, and I am afraid that we have to abide by what is in those tapes, and by law, I think we are legally bound to abide by what is in the official minutes. Am I right or not, Mr. City Attorney? Mr. Garcia -Pedrosa: You are right. Mr. Carollo: Well, I think that is the final line, and I for one, am not willing to give $20,000 of the taxpayer's money to an organization that is illegal, that is having financial problems because of poor administration; an individual that heads that organization that alleges that he never asked for that money. Do I reed to c_o on? If we want tc give $20,000 to he!-, those neighbornoods, I am more than willing to make a motion to give $20,000 a 114, J U L 2 8 1983 to any of those organizations who were mentioned here, and possibly other very worthy organizations that are serving the Black community, but in the meantime, I would like to ask the City Manager to write to Mr. Fair in New Orleans, or wherever he may be at and to request that those $20,000 be returned to the City of Miami taxpayers. Mr. Gary: Well, I think we have a different interpretation of what the minutes say and I still say that the minutes say that they voted on that $20,000. Mr. Carollo: Well, the problem is that maybe you were not listening, Mr. Mana- ger, but the Clerk stated very clearly that the two tapes they have do not reflect that, and the City Attorney gave an opinion that states that it was done illegally, so... Mr. Gary: No, he did not say it was done illegally. Mr. Carollc: Well, what he stated is that we have to abide by the tapes, and the tares do not reflect that. Mr. Gary: He said that... Mr. Carollo: The tapes do not reflect that.... Mr. Gary: He said that... Mr. Carollo:.... therefore, the tapes do not reflect that, then the action that was done, (and I know your heart was in the right place) nevertheless, the action was an incorrect action, and I would like for you to do, with all due respects, is to write to Mr. Fair and to request that the $20,000 be returned to the taxpayers of Miami, unless the majority of the Commission here would over -rule me. Mr. Gary: We need a motion. We need three. Mayor Ferre: Well now, look... Mr. Carollo: In accordance to the law, it states that... Mayor Ferre: In reading - I am reading...this is the first time I have looked at this and I ... Mrs. Pineda was before the Commission, talking about the clients that she had in the Flagami area, okay? And then when she talked and she finished, and I said..."And that is something, Mr. Manager, that I want Staff to corroborate when we return and discuss this with Federal Revenue Sharing". Plummer says, "Mr. Mayor." I said, "Yes, sir." And then Plummer goes on to talk about the Urban League, and then he finishes by saying "Now, I am telling you that this cbrrznunity has got to have the Urban League. It is a vital part. I am going to push very strongly to see that those doors remain open",...(Marie, don't interrupt, please, as I want Plummer to hear this!)..."I am going to push very strongly to see that those doors remain open at least $20,000". Now, Howard, he didn't make a motion! He said "I'm going to push for $20,000". Ferre says "Further discussion?" Dawkins then adds "The only thing I would like to say to all of us here is, I sympathize with you and I know what you are saying, but as the Manager said, if we give one, we are going to have to give ever::body, and I don't see how it can be done, but I assure you that when comes with the Federal Revenue Sharing Fund, we will try to make up the shortfall". Now, he is obviously talking to Mrs. Pineda, who is still stand- ing there. .Mr. Marv: No, he is talking on Plummer's motion. Mayor Ferre: What motion? There is no moticn! Mr. Gary: He is talking or. Plummer's discussion on the $20,000. :dr. Plumnmer: Okay, but look... Mayor Ferre: Ckay, the only thing I would like to say to all of us here is, I sympathize with you. I guess he is talking to Plummer, then?..."and I know what ::ou are saving, but as the Manager said, if we give one, we are going =c have to give �_verybedy else. I dcn't see hcw it can be done, but I assure ::cu that when the _ime _cmes with the Federal Revenue raring, we will try to mare up the shcr:-f_a11" . So, Mr. Manager, if he is talking about Plummer and 167 ld JUL 2 81983 % 0 about the Urban League, he in effect is saying "no", and I know that is not what he meant, so he must have been talking to Mrs. Pineda! Mr. Plummer: Okay, now go one line further. Mayor Ferre: "With that, I am ready to vote, Mr. Mayor", and Ferre says "All right, further discussion? Call the roll". Mr. Plummer: Call the roll on what? What is above it? Mayor Ferre: On the motion! A resolution authorizing the City Manager to enter into an agreement, subject to the City Attorney's approval... Mr. Gary: Yes, but that is typed in. That is not read in! How do you know that was the motion? Mavor Ferre: Because that was the original motion that was made back in the beginning of the discussion of this whole thing. Mr. Gary: Where? It is not cn there. Mayor Ferre: This ... because the whole thing, the whole subject was "With specificed organizations to provide professional job training services for the City's participants in the Entrant Impact Aid Program". That was the subject before us. Mrs. Pineda got up and she said "Wait a moment. If you are going to start cutting up all this money for the job program, and for the money coming from Washington, I want my fair share for Flagami". Plummer says, "By the way, I was at the Urban League last night and I am not going to let them go under, and I am going to go for $20,000, but he doesn't make a motion to that effect. Mr. Gary: Ask them what they thought they were voting on - the two people who voted on it - what they thought they were voting on. You know, we have these meetings. We always interfere in things. The newspaper was another good example of the confusion. You talk about one thing; you add another and then you vote on something else! Mayor Ferre: Howard, this came... this comes very clearly to mind, now that I have seen the record. Mr. Garv: Yes, I know. Mayor Ferre: The subject matter ... no really! I'm not, you know —hey, I am willing to vote $20,000 for the Urban League. I have no problem with that. You know, I disagree with Joe on that particular point. Mr. Carollo: There is no Urban League, Mr. Mayor. They can't use that name anymore. Mayor Ferre: But, I realize that. Mr. Carollo: So, who do you write the check out to, Mr. Fair? Mayor Ferre: And I am sorry, Uncle Charlie, I know this upsets you and all that, but I've got no problems with helping that organization —and I've got no problem, but the fact is, the record is abundantly clear! We were talking about an issue... Mr. Plummer: Carry it over to the next meeting. Mr. Gary: Fine, I don't care what you do! I am not asking for that check back unless you get three votes. Mr. Plummer: Okay, listen, we are still going around in circles. You have indicated, Mr. Mayor, that you are in favor of voting for the motion. I have stated that I am in favor. Commissioner Dawkins says that he is in favor. Mayor Ferre: But that is not what is before us now! Mr. Plummer: I understand! What is before us on the Agenda is ratifying the action. There is not the votes here to do it tonight. That is very obvious, okay? Mr. Carollo: No. 168 id JUL 2 8 1983 0 0 Mr. Plummer: Now, all I am saying is we can sit here and talk for another three hours. Joe has made his point very clear. He is not voting for it - period, amen! Mr. Carollo: That is correct. Mayor Ferre: Yes, but... Mr. Plummer: Demetrio has not had the right to express his opinion. You, I and Dawkins have agreed that we will, on the Agenda, ratify the action, and that clears it up. Mayor Ferre: As I said... as I said... Mr. Carollo: No, it does not, because we, by law, have to have three votes in this Commission to approve any monies over $4,500, three votes now, or at a future time, and those three votes are not there, therefore, the $20,000, I again would like to have returned to the taxpayers of Miami. Mayor Ferre: He is technically right as far as the technical point, that there was never any motion on the record, according to the Clerk, and I think if you look at the record, it is really clear! And I think when Matty comes back, there was a motion that was made. Mr. Carollo: I would like to make a motion that we give $20,000... Mayor Ferre: Now, don't do that! Mr. Carollo: Well, I would like to make a motion that after we sit down with the local representatives of the N.A.A.C.P. of Miami, if they could show us some good areas where they could use $20,000, after we receive Mr. Fair's $20,000, that we give them $20,000. Mayor Ferre: All right, there is a motion on the floor. I think that since there is no... Mr. Carollo: If you guys don't want to help the N.A.A.C.P, then that is fine. Mr. Plummer: That's not... no, no, no! Don't you put words in my mouth, now! Mr. Carollo: Now wait a minute! That's the game that has been played with me! Mr. Plummer: No, no, no, I am not...I never said that I was not in favor of the N.A.A.C.P. I am not voting on the motion as presented Mr. Carollo: Why do we give $20,000 to one group and not to the other? Be- cause somebody has got a bigger mouth than another? Mr. Plummer: No, not at all. Mayor Ferre: All right, excuse me, please. Let me clarify the record. I found it. It is on Page Number 6, and the motion was made by Plummer, and it had nothing to do with...(Page 6, I am going to pass it on to you) ... this is the July 8th meeting and it comes up on Page 6. Gary makes a statement. He says, "Mr. Mayor, for the printed media and some people who for confusion..." and he reads into this "...so we developed a formula, That formula says 7/0% Cuban, 30% Haitian..." and so on, okay? "If you look under the Cuban -Haitian column..." and then he goes on with that, "...and in terms of providing services, and five Blacks, and I think you can't get any more fair a balance than that." Then Ferre says, "Are we ready to vote on this?" And Plummer says, "I move it". So, there was a motion on the floor. Now, Ferre says, "All right, is there a second?" Dawkins then goes and seconds it. Now, let me tell you what happened. Right away, Dawkins calls Mrs. Pineda up. Right down the line, about three paragraphs down, it says, Dawkins says "Okay, we have one more that has been to me, Mr. Gary. You will have to resolve this one and we can move on. State your name and address, sir". "My name is Christina Pineda", and then she starts talking about the —and that keeps on going - Mr. Plummer talking, Mrs. Pineda, and back and forth, and back and forth, until we get to your statement about the $20,000 for the Urban League. Now, the fact is, that at no time during your statement, 169 JUL 2 81983 t which is the only statement about the Urban League, did you include it as part of the motion, because you left it this way - "Now, I am telling you that this community has got to have the Urban League. It is vital part. I am going to push very strongly..." Now, you are talking - you are referring to the future, "...to see that those doors remain open to at least $20,0OO". And I say "Further discussion?" And at no point is there an insertion of that into the... so, I think, you know, in all fairness, I think fair is fair, I think your intention may have been clear.... Mr. Plummer: Well... Mayor Ferre: .... but, the record is also clear that when we voted on Resolution Number 83-553, motion that you made, and seconded by Dawkins, it was not in there! Mr. Plummer: Mr. Mayor, let me tell :you something else, okay? ... that is not in these minutes. Mayor Ferre: Yes. Mr. Plummer: Now, I haven't got the best memory in the world, but I haven't got the rest, and let's see if you remember something else that I brought up. Mavor Ferre: I didn't even remember voting on that! Mr. Plummer: Okay, I want to tell you I brought up a second item when I spoke about this Urban League, and it is not here! I spoke about the Con- vention Center funding. Mr. Gary, does anybody...? Do you remember that, Mr. Mayor? Mayor Ferre: The what? Mr. Plummer: I said that the Convention Center funding was very important and we needed more money. I brought up the two subjects at the same time. Mr. Carollo: Well ... if it is in the tapes, you did; if it is not in the tapes, you didn't. I again have made my point... Mayor Ferre: Look, can we move along? Mr. Carollo: Mr. Mayor... Mr. Ongie: I am sorry, but there has been so much of this going back and forth that... (and I am not taking this personally) but, I even took the trouble not only to listen to these tapes four times, but during the pre- amble of the meeting, because you didn't have a quorum - the Mayor was here, and you were here, and you asked the Mayor to expand the call of the meeting to cover the Grand Prix, I believe Miss Universe and Mr. Blanco was here for Accion. That's it, with the exception of the things that were advertised for that special meeting and the Mayor agreed to do that. And we have that on the tape recording and that doesn't appear in the minutes because you didn't have quorum. Mayor Ferre: It is five minutes after ten. We are' going in a circle now. Mr. Carollo: Mr. Mayor, unless there are three votes on this Commission to approve this $20,000, then I don't think that the Manager has any other authority but to require that this $20,O00 be returned. Mayor Ferre: Commissioner Carollo, all right look - rather than get into it, because we are going to get into personalities and we will do it very simple - Mr. City Attorney, ;:ou have heard the discussion that is going on here. You have heard the Clerk's announcement of the ... where do we stand legally on this? Mr. Garcia -Pedrosa: Okay - well, Mr. Mayor, I first want to make sure that the record is clear at least at this meeting, that I have not made any state- ments about legality or illegality. I have read the transcript. It is sus- ceptitle to differing interpretations. I can certainly see the City Manager's interpretation, as I can see the opposite one. :laving said that, there is a 170 JUL 2 8 1983 ld 6, requirement, both by Charter and by State Law that the only manner in which this Commission can take action is in one of two ways - by ordinance or by resolution, and that to pass either, there has to be a roll call, and that, according to the keeper of the records, who is the official of the City in charge of this matter, did not take place. Accordingly, the action is not an action that was authorized properly by this Commission, and one of two things has to happen. Either it has to be ratified by this Commission, or it has to be undone. Mayor Ferre: All right, what else do we got, Mr. Manager? Mr. Carollo: Mr. Mayor, we are not finished with this item. We have heard from the City Attorney... Mavor Ferre: Well, sure we are! Well, what else is there to do? Mr. Carollo: Well, I just want to make sure that this is going to be undone. And I don't want to embarrass ycu Howard, this is not my intention. Mr. Gary: I can't be embarrassed. Mr. Carollo: I think you have acted in good faith with this. You just made a mistake in your recollection and how you interpreted this, but I just want to make sure that the taxpayers of Miami are going to be protected. Mayor Ferre: All right, I think that matter has been clarified now. Mr. Carollo: Has it been clarified then? And the letter will be sent to Mr. Fair, requesting that the $20,000 be returned? Mayor Ferre: Until there is a Commission meeting that ratifies... Mr. Carollo: Well, the ... I can't help what might happen later on, but I am saying between now and our next meeting, sometime in September, that money should be immediately returned to the City of Miami. You know, what bothers me is, that if this would have been any other group, or any other organiza- tion, within a matter of days you would have had people dumping this in front of the State Attorney and they would have been asking for blood. Now, we can't have it both ways in the City. Either we treat everybody alike, or let's not complain when things happen later on. And fair is fair like you said it, Mr. Mayor. Let's treat everybody alike. Everybody is equal under the law. Mayor Ferre: Okay. Mr. Plummer: Where are we? Mayor Ferre: I think we... Mr. Carollo: Well, I want to hear it on the record that those $20,000 are going to be returned, that the Manager is going to ask that, officially. Mr. Gary: Are you asking for a response from me? Mr. Carollo: Yes, Mr. Manager. Mr. Gary: I will do whatever is proper. Mr. Carollo: In other words, you are stating that you are going to inform Mr. Fair immediately that those Y20,000 have to be returned to the City of Miami, immediately. Mr. Gary: My statement was clear. Mr. Carollo: Mr. Manager, I don't want to get into a game playing contest right now. I stated to you that my intentions are not to embarrass you. My intentions are to do right, according to the Oath that I swore when I came 171 Ise JUL 28 3 ld aboard this Commission, and I know that you and Mr. Fair are personal friends, but I don't think that should have anything to do with this. Mr. Garv: You shouldn't make comments you don't know about. We are not personal friends. Mr. Carollo: Well, fine, maybe you are personal enemies. Mayor Ferre: Well, I don't think, at this point, Joe...you have asked your auestion three times. The Manager has answered the way he wants to answer. I can't force the man to answer in the exact words that you want answered. Now, he has given yoi an answer and there is nothing else, that I...in my opinion... Mr. Carollo: Wait a minute, Mr. Mayor! We have a responsiblity, according to the law, to do right. Now, if the Manager, or other members here do not want to send Mr. Fair a letter requesting that this money be sent back, then let's dump this, right tomorrow morning, in the lap of the State Attor- ney and let her decide if there has been a violation of the law, or not. And I don't care what happens later on. I am talking what has happened up to now. I don't want to reach that point, but if we have to reach it, then let's cross it. Mayor Ferre: Well, I think... Mr. Carollo: And I have no problem with going personally there, or asking the City Clerk to put my name on it, that I am the one that is requesting this to be looked into. I eo things head on, not behind, like some others do. Now, Mr. Manager, all that I am asking is something very simple, that I, as a member of this Commission, that has been duly elected by the people of Miami, have a right to ask. We have gotten a legal opinion from the City Clerk, and all that I want to know from you, is if you are going to ask Mr. Fair in writing, for him to return the $20,000 to the City of Miami. That is all that I want to hear. Mr. Gary: I've given you my answer. Mr. Plummer: Do you want to do the other? Mayor Ferre: All right, do we have anything that we need to talk about? Mr. Carollo: Excuse me, Mr. Mayor. Mr. Clerk, can you first thing tomorrow morning, sent a runner from your office with all of the pertinent informtion related to this item to the State Attorney's Office, indicating to the State Attorney that it is being sent to her upon my request to be looked into for possible violation of City and State laws as to City monies being given without the due process of the law having been followed, and it is to be done first thing tomorrow morning, Mr. Clerk. Mr. Ongie: Yes, sir. Mr. Carollo: Thank you, sir. 172 J U L 2 81983 ld 95. AUTHORIZE CITY MANAGER TO TAKE NECESSARY STEPS TO UPGRADE THE PICNIC AREA IN CORAL GATE PARK: FURTHER INSTRUCTING THE CITY MANAGER TO REFER THE RENAMING OF THIS PARK TO THE :MEMORIAL COMMITTEE WITH THE PROPOSED NAME OF TOMAS CRUZ PICNIC AREA. Mr. Carollo: Next item, Mr :Mayor, I would like to present a motion that Coral Gate Park on 32nd Avenue and 16th Street - there is an area there that has several picnic tables and naybe with just a couple thousand more dollars from some of the funds that were allocated to that park, we could add a few more picnic tables and fix that little area a little nicer if we could rename it Tomas Cruz Picnic ,rounds Memorial. Tomas Cruz, that was a Black Cuban - American, an ex -member of the Brigade 2506, one of the most gallant members that the% had, who is now deceased. That was the cark that he used to take his little girls and little boy to co to a lot. Mavor Ferre: If there ever was a hero in that group, he was one of them, and I certainly would subscribe to that. :tr. Plummer: Second the motion. I think what ycu are really.... Mr. Carollo: He was cne of many in that group. Mr. Plummer:.... talking about is upgrading the Farr, which I agree to, and second of all sending the name of Tomas Cruz to the :Memorial Committee to recommend back to this Commission. Mr. Carollo: When can we expect to get —in other words by September, we could go ahead and have a reply from them. Mayor Ferre: Mr. Manager, I... Mr. Gary: What do you want? What is the motion? Mr. Plummer: The motion is to upgrade the picnic area in... Mr. Gary: How much? Where is the resolution? Mr. Carollo: The resolution, Mr. Manager, is to rename the area where the picnic tables are at Tomas Cruz Picnic Grounds Memorial. Mavor Ferre: All right, this morning, Mr. Manager, there was... Mr. Plummer: Wait a minute - call the roll, please! (LAUGHTER) :Mr. Gar;': No! Don't call the roll! Mr. Plummer: This is about Coral Park. Mr. Ongie: Yes, :Mr. Plummer. .Mr. Carcllc: Coral Sate! Mr. Ongie: Your •.rote, sir. Mr. Plummer: Coral Gate! Mr. Carollo: Coral Park is outside of the City of Miami, Commissioner Plummer. Mr. Plummer: The picnic area - Tomas Cruz. 16th Street and 3rd Avenue, S. W. Mr. Cngie: Very good. Mr. Plummer: Across from Woodlawn Cemetary, between 8th Street and Coral 'Nay. 27th Avenue and ... I vote yes. 1,; 173 JUL 2 81983 # 4 The fallowing motion was introduced by Commissioner Carollo, who moved its adopticn. MOTION NO. 63-7/21 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO UPGRADE THE PICNIC AREA IN A PARK PRE- SENTLY KNOWN AS "CORAL GATE PARK" LOCATED AT 16TH STREET AND 32ND AVENUE; FURTHER INSTRUCTING THE MANAGER TO REFER A RE- QUEST FOR THE RENAMING OF THIS FARK TO BE KNOWN AS THE "TOMAS CRUZ PICNIC AREA" TO THE MIAMI MEMORIAL COMMITTEE FOR THEIR RECOM ,ENDATION. Upon being seconded by Commissioner Plummer, the :,lotion was passed and adopted b.: the foll-�wira vote: AYES: Commissioner Joe Carollo rice-2dayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 96. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $2,000 FOR THE PURCHASE OF TICKETS FOR THE JAMAICAN INDEPENDENCE DANCE TROUPE. Mayor Ferre: J. L. before you leave, this morning there was a group of people and they waited most of the morning and part of the afternoon. They represent a Jamaican Dance Group and... this deals with Jamaican Independence and you know, the governmemt of Jamaica, we keep promising that we are going to be going down there, or we are going to this...we haven't done anything, so they have asked that at least we cooperate by buying tickets to their function at Gusman Hall. They wanted a waiver. I said we can't give them a waiver, but then they said "Well, give us the money so we can pay for it". I said "No, we can't do that, but we will buy $2,000 worth of tickets to give them...". Mr. Gary: Give them the waiver of fees. Give them a contribution to re- cover the waiver. Mayor Ferre: Rather than aet tickets? I'd rather get tickets and give them to kids in this community. Mr. Plummer: Get the tickets and give them to the community. Mayor Ferre: I'd rather get the tickets, Howard, and give them to kids in schools, frankly. Sir. Plummer: I second the motion. Mayor Ferre: All right, there is a motion. Is that all right with you, Joe? This is for Jamaican Independence. We have been promising SEAGA and those people that we are going to do something and help them and we haven't done anything, okay? And so the Jamaican Government has this dance troupe here, all right? So what we are going to do - they wanted a waiver and I said we cannot do that, and then they wanted 'a contribution, so what we are going to do is buy $2,000 worth of tickets and give them to school children, so that... Mr. Carollo: Just as long as all the monies we send *pes to aid other than than no weapons, and we limit cur Advisors to 57 Advisors and we by September StOF alving all :7uer_llas any TUn S, I `,tote "::es". 1.74 JUL 2819w id 0 6 Mayor Ferre: Call the roll on that motion. It has been moved and seconded. The following motion was introduced by Commissioner Flummer, who moved its adoption. MOTION NO. 83-722 A MOTION Ai.:THORIZING AND DIRECTING THE CITY ;tkNAGER TC ALLOCATE AN AMCL7JT OF NOT TO EXCEEC $2,000 TO FACILITATE THE Pi:RCHASE OF TICKETS FOR THE "JAIMAICAN INDEPENDENCE DANCE TROPE"; SAID TICKETS TO BE 31VEN TO SCHOOL CHILCR.E`d. Upon being seconded cy Commissioner Carollo, --he r.ction was passed and adopted by the fcllowing vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plxmmer, Jr. Mayor :Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Mr. Carollz: I think that Mr. Seaga, the Prime Minister of Jamaica deserves every bit of our support and help and he certainly has been very supportive of our City and our Country. 97. MOTION ACCEPTING RECOMMENDATIONS IN CONNECTION WITH SITE ACQUISITIONS FOR THE AFFORDABLE HOUSING PROGRAM AS REFLECTED IN A MEMORANDUM FROM DENA SPILL.'MAN TO HOWARD GARY=DATED JULY"18TH. Mayor Ferre: 13"A" is the affordable Housing Program site acquisition recom- mendation. All right, Plummer, you want to move that? (INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD.) Mayor Ferre: Plummer moves. He will be back in a second by the time we vote. Mr. Gary: Okay, Mr. ;Mayor. !Mayor Ferre: Yes, sir. Mr. Gary: I think it is important that we inform you what we are doing here. Mayor Ferre: All right. Mr. Gary: We have had problems in working with property owners to come up with a compromise price. As a matter of fact, there are some outlandish prices, because this year we have Government money and we can afford to pay anything. As a matter of fact, most of the land the prices that are requested are double the market value. What we are recommending here, is that the sites that have been selected that we can go through the quick -take process. Now, we have notified all the property owners that we were going to discuss this today, and they have been amply notified. :flavor Ferre: Mr. Manaaer, as you remember, I was the author of that motion. The motion was that we try to ao out and negotiate and if not, then we go with the eminent domaine. Mr. Gary: I just wanted to cut it on the record so everybody would know what we are doing. Mayor Ferre: Do you want to move that, Plummer? This for Affordable Housina. 175 JUL 281983 ld Mr. Gary: Affordable housing_ sites. we want to go quick -take, eminent domaine. Mayor Ferre: All right, it was moved by Carollo. Mr. Gary: We couldn't compromise. Ms. Spillman: The same sites that you approved already; we are not changing any sites. This would be the P.B.A. Site, the Melrose Nursery site, and the Highland Park sire. :dr. Plummer: Fine. Mavor Ferre: All riant, 21ar=er seconds. F•irther discussion: Call the roll. You understand what ge are voting on - this is affordable housing. It is for the land. It is tine sane land that we talked about for a year. Mr. Carcllc: Certainl.•. Now, the neighbors in that area are satisfied with this? Is that correct, Ms. Scillman? Mayor Ferre: In other words, the properties that we are talking abcut in putting in affordable housing, we are not in trouble with the neighborhood? ids. Spillman: No, they were here when we picked the sites. Mr. Carollo: It has already been moved and seconded. You moved it and Plummer seconded it, now we are voting on it. Go ahead. The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION NO. 83-723 A MOTIO14 ACCEPTING RECOMMENDATIONS IN CONNECTION WITH SITE ACQUISITION FOR THE AFFORDABLE HOUSING PROGRAM AS REFLECTED IN A MEMORANDUM FROM DENA SPILLMAN TO HOWARD V. GARY DATED JULY 18, 1983. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. AUTHORIZE CIT': MANAGER TO NEGOTIATE AND EXECUTE CONCESSION AGPEE:-.ENTS FOR THREE SOLE PROPRIETORS FOR %'ENDING LIOSKS IN THE :'At;Lr L ARTI:dE COM.Mt'NITY CENTER. Mr. Gary: This is on the Little Havana Community Center. You all just dedicated that Center out there and we have some Kiosks for vendors to sell flowers, fruit, etc. We found two neighborhood people who live in the area, and we want to give it to them on favorable conditions, because we want to start some kind of activity there before the bums take over. We want people to start getting used to buying and congregating in that area. And it was put out for bids, and we couldn't get any... Mr. Plummer: It was put out for bids? Id 1s JUL 281983 0 6 Mr. Gary: It was. Mr. Plummer: We are not going to vet into any trouble if we try to stop the other vendors by having these? Mayor Ferre: What other vendors? Mr. Plummer: Well, all these damn push carts in the streets and sidewalks where you can't move. Mr. Carollo: Well, Gentlemen, I have to go. Have a nice evening - it was 9:00 P.M. and we are supposed to be finished with this, and it is almost 10:30 P.M. Mr. Gary: Well, do you want to do that for that Center first? You want to authorize us to enter into agreements with these people to have kiosks at the Little Havana Activit•, Center? Mr. Plummer: They are not vendors, they are kiosks. Mr. Gary: They are kiosks. Mr. Plummer: Is that like widgets? Mr. Gary: There are three people. uartiniano Perez, who will be selling pastries and ices; Orlando Napoles, newspaper and magazine stand; Edith Menendez... Mayor Ferre: Who chose all those people, by the way? Mr. Plummer: That was the bidding procedure! Mayor Ferre: Oh, bid process! (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Carollo: I move. Mayor Ferre: All right, Plummer, do you second? Mr. Plummer: I am all in favor. Mayor Ferre: Further discussion, call the roil. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-724 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI AND THREE SOLE PROPRIETORS TO OPERATE THREE VENDING KIOSKS AT THE MANUEL ARTItiE_ COMMT,_NITY CENTER MINI PLAZA IN ACCORDANCE WITH TERMS OUTLINED IN THE JULY 22, 1983 MEMORANDUM FROM THE DIRECTOR OF THE DEPARTMENT CF COhL'•!U- NITY DEVELOPMENT. (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 Joe Carollo Vice -Mayor J. L. Plummer. Jr. Mayor Maurice A. Ferre NOES: Ncne ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 177 JUL 28 Id Am 99. ACCEPT RECOMMENDATION OF THE ADMINISTRATION REGARDING PROPOSED MODIFICATION OF SINGLE FAMILY REHABILITATION GUIDELINES BY INCLUDING A PROVISION FCR IPI7v7rSTOR OWNERS. Mr. Garv: On our Rehab Program, this is important because we are trying to get the Rehab Program going. Mr. Mayer, currently throughout our neighbor- hood, Little Havana, and particularly the hard target areas and Overtown, we have single family homes that are owned by people who don't live in - them. What we are saying is, we cannot rehab these houses because people live in them. What is the percentage, Dena? Ms. Spillman: It is over 50'. Mr. Gary: Over 5C!', of all single family homes are not owner -occupied. And we want to incl•ide these people in there so we can have a tremendous impact on these neighborhoods when we start rehabing them. Mr. Carollo: I move. Mavor Ferre: All right, is there a second? :sir. Plummer: Second. Mavor Ferre: 13"a". Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION NO. 83-725 A MOTION TO ACCEPT RECOMMENDATIONS OF THE ADMINISTRATION REGARDING THE PROPOSED MODIFICATION TO THE SINGLE FAMILY REHABILITATION GUIDELINES BY INCLUDING A PROVISION FOR PARTICIPATION OF INVESTOR -OWNERS AND ACCEPTING THE REVISED GUIDELINES ATTACHED TO A MEMORANDUM FROM DENA SPILLMAN TO HOWARD GARY DATED JULY 14, 1983. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: _AYES: Commissioner Joe Carollo , Vice-Mavor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 178 J U L 2 81983 id 100. A MOTION APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING A WAIVER OF A FORMAL BIDDING FOR EMERGENCY PURCHASE FOR THE RENTAL OF SUMMER VAMIS FOR MIAMI RECREATION SUCIER PROGRAM. Mr. Garv: Summer vans for a Recreation Program, $9,920. This is to transport kids back and forth from the pool to the ... three vans... Mr. Carollo: For how long? yr. Gary: Just for the summer period - sumr.,er : rocram. .r. Carollo: I move. :•savor Ferre: Is there a second? yr. Garv: This is Item 7. Mr. Plummer: Is this on the vans? Mayor Ferre: Yes. yr. Plummer: This is a ratification? Mayor Ferre: Yes. Mr. Plummer: That is what I thought it was. Yes. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved .its adoption. MOTION NO. 83-726 A MOTION RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN AUTHORIZING THE WAIVER OF FORMAL BIDDING AND ISSUANCE OF AN EMERGENCY PURCHASE ORDER IN THE TOTAL AMOUNT OF $9,920.00, FOR THE RENTAL OF SIX (6) FIFTEEN - PASSENGER VANS TO ACCOMODATE THE "MIAMI'S FOR RECREATION" SUMMER PROGRAM. (This action requires a 4/5 vote and will have to be ratified by formal resolution on September 7, 1983.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo ',lice -Mayor J. L. Plummer, Jr. :flavor Maurice A. Ferre NOES : None ABSEMJ'T: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 179 J U L 2 8 1983 or 1d 101. A MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WARRANTY DEED FOR A PARCEL OF PROPERTY LOCATED BETWEEN N.W. 2ND AVENUE AND N.W. 5TH AVENUE ON N.W. 22ND LANE. Mr. Gary: We also need the swap of the land for the arme:,t Center. This is where the gentlemen wants to... Mr. Garcia -Pedrosa: This something that ycu did already, Mr. Manor, and now this is simply the ratification of the Nanaaer's rationale, hic- is an emergency, but this has alread_: been authorized by the Ccr=,ission. .aycr Ferre: Is there a motion cn this? Exr_lain it again. Mr. Garcia -Pedrosa: The Commission alrea'.3.r authOrize_- _his, fir. Mayor, but the rrocedure was not followed correctly and this is a ratification of the emergency as required by the Charter for the land swap. Mr. Carollo: So moved Mayor Ferre: It has been moved and seconded b;: Plummer. Further discussion? Call the roll. The following motion was introduced by Commissioner Carolle, who moved its adoption. MOTI011 NO. 83-727 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO EXECUTE A WARRENTY DEED FOR THAT CERTAIN PARCEL OF PROPERTY CONTAINING APPROXIMATELY 35,516 SQUARE FEET LOCATED BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 5TH AVENUE ON NORTHWEST 22ND LANE IN EXCHANGE FOR RECEIPT OF A DULY EXECUTED WARRANTY DEED CONVEYING TO THE CITY FEE SIMPLE TITLE TO CERTAIN PARCELS OF PROPERTY IN THE GARMENT CENTER AREA COLLECTIVELY CONTAINING APPROXIMATELY 34,384 SQUARE FEET AS APPROVED BY RESOLUTION 83-621, ADOPTED JULY 18, 1963; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THERE IS AN EMERGENCY NEED FOR THE HEREIN DISPOSITION OF THE CITY -OWNED LAND. (This action requires a 4/5 vote and will have to be ratified by formal resolution on September 7, 1983.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo vice -Mayor J. L. Plummer, Jr. Mayor :•laurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Ferec, Jr. 180 JU L L 2 8 19$3 ACCEFT BID FCF. DFAPERIES AND STAGE RIGGI?iG FOR THE CITY OF OF M11AMI JA:-LES L. iLNI-HT INTEF-NATIONAL CENTER. :1r. Gary I hate to ask lour indulcence, but this is the last. Commission meetinC. We need to ae.t the dral,eries into the tlli4ht Center 1^ order to have cur concert, because ncccc.•: will ccme there and 'nave `heir concert. Mr. Carollc: How muci:? mr. :Tar::: ana anc`..:her . ne, _:i'.' electrical contraC_ is (!';AT,:DIB E BACK• — .Oi':D CC;�!NIE`:TS :iCT ^LACE' IvTC T?iE P';BLZC ?ECCRD) Mr. Sary: ;Ic, these are mincrit arou s. ,- :cr -erne: Wti a* are their na:n_-- ':r. ar::: They are bid awards. ,'r. Carollo: I 'lot" "yes", but I have to go now, I am sorry. t,avcr Ferre : Oka%, call the roll. The `cllcwina resolution was introduced by Commissioner Carollc, who moved its adoption: RESOLUTION NO. 83-7.26-A A RESOLUTION ACCEPTING THE BID OF KENNEY DRAPERY ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $374,000, BID "A" OF THE PROPOSAL, FOR CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER - STAGE RIGGING; WITH MONIES THEREFOR ALLOCATED FROM THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER AND PARKING GARAGE ACCOUNT IN THE AMOUNT OF $374,000 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $37,400 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $7,480 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM -�ollcws hod, o: __soiutzon, cmittec c:. :,le _n t-e O'ze the Ci . Clerk.) ,:Pon bel.^:c_ SeccndeCC Ccr=issicner F1urm the reso1'ut� .. Was Fa55EQ and adopted _ the=oliowinq vote: A'lES. Commissioner Zoe Carollo Vice- savor Plummer, Jr. :•'.avor :'.aurice A. Terre LACES: None ESENT: Cc:nmissicner Miller J. Dawkins Commissioner Demetrio Perez, Jr. 181 JUL 2 8 1983 The follcwing resolution was introduced by Commissioner Carollo, who move, i is ado- tion: RESOLUTION NO. 83-728-B A RESOLUTION ACCEPTING THE BID OF SUPERIOR ELECTRICAL CONTRACTORS, INC. IN THE PROPOSED AMOUNT OF $53,600, BID "B" OF THE PROPOSAL, FOR CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER - STAGE RIGGING; WITH MONIES THEREFOR ALLOCATED FROM THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER AND PARKING GARAGE ACCOUNT IN THE AMOUNT OF $53,600 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $5,360 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,072 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor ?Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. ADJOURNMENT There being no further business to come before the City Commission, on ;notion duly made and seconded, the meeting was adjourned at 10:30 P.M. MAURICE A. FERRE Mayor nTT_ST: RALPH S. ONGIE OP City Clerk :BATTY HIRAI Assistant City Clerk t ISO ccaP a116YF Is ID 182 m 411 fp _ AIN"AMI DOCUMENT MEETING DATE: July 28, 1983 s A COMMISSION I RETRIEVAL ITEM NO A DOCUMENT IDENTIFICATION 1 EXPRESSING THE CITY'S PLEASURE AT BEING SELECTED TO BE THE SITUS OF THE SECOND INTERAMERICAN CONGRESS OF MUNICIPALITIES AND ALLOCATING THE SUM OF $60,000. R-83-670 83-670 2 EXPRESSING THE GREETINGS OF TIME CITY COMMISSION TO THE PRESIDENTS OF THE 5 BOLIVARIAN COUNTRIES UPON THE 200TH ANNIVERSARY OF THE BIRTH OF SIMON BOLIVAR R-83-671 83-671 3 COMMENDING DR. HORACIO AGUIRRE UPON THE 30TH ANNIVERSARY OF THE FOUNDING OF DIARIO DE LAS AMERICAS. R-83-672 83-672 4 RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 22, 1983 TO TAI:E PLACE ON SEPTEMBER 29, 1983. R-83-673 83-673 5 REQUESTING THAT THE HUMAN RIGHTS OF THOSE 23 PERSONS WHO ARRIVED IN THIS COUNTRY ON JULY 21, 1983 FROM CUBA BE PROTECTED IN THE SAME MANNER AS OTHER PERSONS 1d1I0 HAVE FLED FROM COMMUNIST COUNTRIES. R-83-674 83-674 6 OPOSING THE PROPOSED BISCAYNE BAY MANAGEMENT AGREEMENT SIBMITTED TO THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND. R-83-678 83-678 7 OPPOSING THE STATED INTENT OF THE BOARD OF THE METRO DADE COUNTY COMMISSIONERS TO ABOLISH THE MIAMI-DADE 14ATER AND SEWER AUTHORITY AND CREATING A WATER SEWER AUTHORITY. R-83-685 83-685 8 AUTHORIZING EMPLOYMENT OF RAYMOND VALENTI AS LEGAL ASSISTANT IN ACCORDANCE WITH MEMORANDUM OF UNDERSTANDING BET. CITY ATTORNEY AND SAID INDIVIDUAL. R-83-686 83-686 9 PROVIDING FOR ISSUANCE OF AND FIXING PRINCIPAL AMOUNT OF MATURITIES, INTEREST AND REDEMPTION PROVISION OF PARKING SYSTEM REVENUE BONDS SERIES 1983. R-83-690 83-690 10 GRANTING A VARIANCE FROM ORDINANCE NO.6871 TO PERMIT THE CREATION OF A LOT.DESCRIBED AS TRACT "A"- 3639 N.E. MIAMI PLACE. R-83-691 83-691 11 ACCEPTING THE PLAT SUBDIVISION -TOWNSHIP 53, SOUTH RANGE 41 EAST, CITY OF MIAMI R-83-692 83-692 12 ISSUING A MAJOR USE SPECIAL PERMIT AS EXHIBIT "A" inre: S.E. 8TH STREET AND BRICKELL AVENUE PROJECT. R-83-694 83-694 13 CONCERNING THE S.E. 8TH STREET AND BRICKELL AVENUE PROJECT, A DEVELOPMENT OF REGIONAL IMPACT LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE, MIAMI,FLA. R-83-695 83-695 14 APPROVING THE MOST QUALIFIED CONSULTING FIRMS TO PROVIDE PROFESSIONAL SERVICES FOR THE OPEN SPACE AND DEVELOPMENT MASTER PLAN FOR DINNER KEY. R-83-696 83-696 15 ACCEPTING THE PLAT ENTITLED "PROFESSIONAL SITE" A SUBDIVISION IN THE CITY OF MIAMI-"CENTRAL PARK". 13-83-699 .83-699 CONT-INUED PAGE # 2 NO. DOCUMENT IDENTIFICATION C MI ON AL ArTTnN CODE NO. 16 17 18 19 20 21 22 23 24 25 j 26 27 28 29 30 DECLARING THAT THE MOST ADVANTEGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND IS BY A UNIFIED DEVELOPMENT PROJECT. ALLOCATING $400,000 OF COM11UNTTY DEVELOPMENT JOBS PROGRAM FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 9631 FOR FOUR NEIGHBORHOOD BASED AGENCIES. AUTHORIZING INCREASE IN CONTRACT AMOUNT OF $22,375 WITH M. VILA AND ASSOCIATES, INC. FOR THE CONSTRUCT ION OF THE GARTMENT CENTER COMMUNITY DEVELOPMENT PAVING PROJECT. AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $35,000 IN THE CONTRACT WITH BETTER CONSTRUCTION INC. WAIVING REQUIREMENT OF FORMAL SEALED BIDS FOR FURNISHING A COGEN SOFT14ARE PACKAGE FOR BURROUGHS 6800 COMPUTER APPLICATION FOR THE DEPT. OF COMPUTERS. APPOINTING JOSE CARLOS CANCELA TO THE CITY'S CODE ENFORCEMENT BOARD. AUTHORIZING A GRANT OF $45,000 TO DADE HERITAGE TRUST, INC. TO COVER THE COSTS OF A FOUNDATION AND UTILITY CONNECTIONS inre: HISTORIC BROWN RESIDENCE. AUTHORIZING CITY MANAGER AGREEMENT WITH O'LEARY SHAFFER, COSSIO, P.A. FOR THE REDEVELOPMENT OF MOORE PARK. AUTHORIZING CITY MANAGER TO ESTABLISH A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER, 1983 AND ENDING SEPTEMBER 30, 1984. ACCEPTING THE PLAT ENTITLED "ANCHORAGE", A SUBDIVISION-EWANTON HEIGHTS, AUTHORIZING CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE COCONUT GROVE BANK FOR THREE YEARS FOR OFFICE SPACE LOCATED AT 2850 TIGERTAIL AVENUE. AUTHORIZING CITY MANAGER TO ADVERTISE FOR PROVIDING PSYCHOLOGICAL -STRESS MANAGEMENT AND TRAINING FOR THE MIAMI POLICE DEPARTMENT. AUTHORIZING CITY MANAGER CONCESSION AGREEMENT FOR THE MANUEI. ARTIME COMMUNITY CENTER. ACCEPTING BID OF KENNEY DRAPERY ASSOCIATES,INC. FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER. ACCEPTING THE BID OF SUPERIOR ELECTRICAL CONTRACTORS, INC. FOR THE JAMES L. KNIGHT INTERNATIONAL CENTER. R-83-701 R-83-702 R-83-703 R-83-704 R-83-705 R-83-706 R-83-707 R-83-708 R-83-710 R-83-713 R-83-717 R-83-718 R-83-724 R-83-728-A R-83-728-B 83-701 83-702 83-703 83-704 83-705 83-706 83-707 83-708 83-710 83-713 83-717 83-71.8 83-724 83-728-A fi f 83-728-B zr