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HomeMy WebLinkAboutCC 1981-07-23 Minutesij lwjr- Nkt, 110 -STING .HELD ON p t;* 1 2 3 4 5 6 7 0 E 10 11 12 13 14 15 16 7 F � ' j7 a.... SO, (REGULAR * P & ZSMCT JULY 23, 1981 DEFER ALL APPOINTMENTS TO BOARDS AND/OR COMMITTEES UNTIL A FULL COMMISSION IS PRESENT DISCUSSION OF PROMOTIONAL REQUIREMENTS UNDER THE CONSENT DECREE AMBASSADOR OF VENEZUELA DISCUSSION AND TEMPORARY DEFERRAL OF EXTENSION OF PROMOTIONAL REGISTER (SEE LATER SAME MEETING) STATUS OF PERMIT APPLICATION-BISCAYNE RECREATION FOR EXPANSION OF DINNER KEY MARINA DOWNTOWN PARK SYSTEM AND POLICY GUIDELINES AUTHORIZE ISSUANCE OF R.F.P.'S FOR ADJUSTMENTS AND POSSIBLE RE -USE OF BAYFRONT PARK AUDITORIUM DISCUSSION OF DEVELOPMENT POLICIES OF PROPOSED FIRE/RESCUE BOND PROGRAM (SEE LATER SAME MEETING). OPEN SEALED BIDS FOR SALE OF $9,150,000 GENERAL OBLIGATION BONDS APPROVE OFFICIAL STATEMENT FOR BONDS OF THE CITY DATED AUGUST 1, 1981 AND RATIFYING THE PRELIMINARY OFFICIAL STATEMENT DATED JULY 10, 1981 EMERGENCY ORDINANCE: PROVIDE FOR HOLDING OF SPECIAL BOND ELECTION IN THE CITY ON NOVEMBER 3, 1981 EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE, SUBJECT TO ELECTION $21,000,000 BONDS OF THE CITY OF MIAMI FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES AUTHORIZE EXPENDITURE OF FUNDS TO PUBLICIZE N.T.E. $25,000 FOR VOTER EDUC4TION OF PROPOSED $21,000,000 BOND ISSUE DISCUSSION OF ENFORCEMENT POLICY CONCER14ING SALE OF OLD GOLD, SILVER, ETC. DISCUSSION OF MIAMI POLICE DEPARTMENT AUXILIARY FORCE AND APPOINTING COMMISSIONER J.L. PLUMMER AS CHAIRMAN INSTRUCT CITY MANAGER TO INCLUDE 100 PSA's IN BUDGET DISCUSSION DISCUSSION ITEM: ENFORCEMENT PROBLEMS WITH BURGLARY ALARM ORDINANCE DISCUSSION ITEM: EXTENSION OF POLICE REGISTER (SEE LATER SAME MEETING) APPOINT ROBERT JONES TO AUDIT ADVISORY COMMITTEE REPORT BY CITY CLERK ON FALL ELECTION DATES NANCE0�t,D,l UiTJON , I PAGE 101 M-81-647 DISCUSSION DISCUSSION DISCUSSION M-81-648 M-81-649 DISCUSSION R-81-650 R-81-651 ORD. 9295 ORD. 9296 (LATER FORMALIZED IN RES. 81-729) M-81-653 M-81-654 M-81-655 DISCUSSION DISCUSSION M-81-656 DISCUSSION 1-3 3-7 8 9-10 10-15 16-24 24 - 25 25 26-27 27-29 29-30 30-31 34-38 38-40 41 41-42 42-43 43-45 r i -90 w (REGULAR-P 6 Z) JULY 239 1981 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 GRANT REQUEST OF AFRO -DIMENSION CARNIVAL TO COVER DEFICIT OF $6,760. BRIEF DISCUSSION: HIRING FREEZE EXEMPTIONS (SEE LATER SAME MEETING) DISCUSSION ITEM: RUSTY PELICAN PROPOSED EXPANSION (SEE LATER SAME MEETING) PERSONAL APPEARANCE: ERNY FANNATTO REGARDING ACQUISITION OF F.E.C. PORT PROPERTY ON BISCAYNE BAY COMMISSIONER PLUMMER REQUEST NOTE FOR THE RECORD THAT THE REVISED DOCUMENT ON MIAMI CENTER II WAS PRESENTED TO THE MEMBERS OF THE CITY COMMISSION AT 12:14 P.M. THIS DATE SECOND READING ORDINANCE: AMEND SECTION 56-55 OF THE CODE INCREASE FARE CHARGED BY HOLDERS OF CERTIFICATES FOR JITNEYS CLAIM SETTLEMENT: STANDARD OIL CO. (CHEVRON) CITY VS. F.E.C. RR. CO. CASE NO. 71-17071. FIRST AND SECOND READING ORDINANCE: INCREASE TRUST AND AGENCY FUND ACCOUNT "CABLE TELEVISION" FIRST AND SECOND READING ORDINANCE: AMEND CAPITAL APPROPRIATIONS ORDINANCE FIRST AND SECOND READING ORDINANCE: DAY CARE CENTERS EXPANSION FIRST AND SECOND READING ORDINANCE: AMEND APPROPRIATIONS ORDINANCE AMEND.SECTIONS 30-53 SUBSECTION "A" AND 30-55 REVISE AMOUNT CHARGED GOLF COURSE WINTER GREEN FEES AND SPECIAL SUMMER PACKAGES FIRST AND SECOND READING ORDINANCE:NEW TRUST AND AGENCY ACCOUNT "MARKETING AND TECHNICAL ASSISTANCE - REVOLVING LOAN FUND PROGRAM" REPORT BY MR. JACK EADS ON COMPARISION OF INTEREST RATE FOR CITY BONDS VS. BONDS RECENTLY SOLD BY METRO TRANSFER $V,000 OF BUILDING AND VEHICLE MAINTENANCE DEPARTMENT EMERGENCY REPAIRS TO 20 WRECKED AND DISABLED POLICE VEHICLES SUBMIT GRANT APPLICATION: CRIMES AGAINST THE ELDERLY PROGRAM APPROVE IN PRINCIPLE: DEVELOPMENT OF HOUSING PROJECT IN THE OVERTOWN NEIGHBORHOOD AUTHORIZE CITY MANAGER TO NEGOTIATE ACQUISITION OF THE HIGHLAND PARK SCHOOL SITE C.D. BLOCK GRANT FUNDS PAGE # 2 KESNANCOU1TIo�N No. PAGE NO$ M-81-657 45 DISCUSSION 46 DISCUSSION 46 DISCUSSION 46-49 DISCUSSION 1 49 ORD. 9297 R-81-658 ORD. 9298 ORD. 9299 ORD. 9300 ORD. 9301 ORD. 9302 ORD. 9303 DISCUSSION R-81-659 R-81-660 R-81-161 R-81-662 49-50 51-52 52-53 53-54 54-55 56-57 57-58 58-59 59-60 60 61 61 6243 L ITEM ND, 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 (REGULAR - P & Z) SUCT JULY 23, 1981 SOLICIT BIDS FOR APPRAISAL SERVICES OF CERTAIN DESCRIBED PARCELS OF REAL PROPERTY-C.D. BLOCK GRANT FUNDS APPROVE IN PRINCIPLE: "INTERIM PARKING PLAN 1981- 1985 CENTRAL MIAMI FLORIDA"-DISCUSSION AND DEFERRAL SUPPORT GROVE HOUSE INC. IN THEIR EFFORT TO REMAIN IN COCONUT GROVE IN ITS PRESENT LOCATION ALLOCATE $25,321 FROM UNUSED REFUGEE EMERGENCY ASISTANCE PROGRAMS MATERIAL NEEDS OF CUBAN AND HAITIAN REFUGEES WAIVE FULL RENT AL FEE FOR USE OF THE ORANGE BOWL STADIUM "1981 CELEBRATION OF GREAT BANDS" DISCUSSION ITEM: EXPRESS APPRECIATION TO WQBA, ETC. DEFERRAL OF CONSIDERATION: AGREEMENT FOR BUS SHELTERS NEGOTIATE AGREEMENT: BUS BENCHES COMPANY FOR PROVIDING BUS BENCHES ACCEPT GRANT AWARD: STAFF TRAINING FOR ADAPTED RECREATION 4TH YEAR AUTHORIZE AGREEMENT: COCONUT GROVE CARES INC. FOR OPERATION OF ELIZABETH VIRRICK GYMNASIUM CONFIRM ACTION AND ENTER INTO AGREEMENT: PUBLIC HEALT] TRUST OF DADE CO. -COORDINATION OF EMERGENCY MEDICAL SERVICES AUTHORIZE AGREEMENT: 4RAH E. EATON CONSULTANT SERVICES CITY HERITAGE CONSERVATION PROJECT AUTHORIZE AGREEMENT: MARK ISRAEL-" F..AN IN WASHINGTON PROGRAM" AUTHORIZE MIAMI-DADE COMMUNITY COLLEGE NEW WORLD CENTER FOR USE OF MIAMI BASEBALL STADIUM, WAIVING NORMAL USE FEE, ETC. EXECUTE AGREEMENT: ALLAPATTAH MERCHANTS ASSOCIATION INC. YEARLY FUNDING-$50,000 AUTHORIZE CONTINUED FUNDING THROUGH SEPTEMBER 10, ALLAPATTAH DEVELOPMENT AUTHORITY,INC. AUTHORIZE AGREEMENT: MIAMI CAPITAL DEVELOPMENT INC. FOR PURPOSE OF PROFESSIONAL. SERVICES ALLOCATED, $50,000 SPECIAL PROGRAMS AND ACCOUNTS ADDITIONAL COMPENSATION TO LAW FIRM OF PAUL, LANDY BEILEY AND HARPER CONTINUED REPRESENTATION CITY VS. LEONARD GATES 55 1 ACCEPT PLAT "GABLES WALK" PAGE # 3 tDINANCEp� SOLUTION N0, I PAGE W R-81-663 M-81-664 R-81-665 R-81-666 R-81-667 DISCUSSION DISCUSSION R-81-668 R-81-669 R-81-670 R-81-671 R-81-672 R-81-673 R-81-674 R-81-675 R-81-676 R-81-677 R-81-678 R-81-679 63-64 64-70 70 71 71-73 73-74 74-76 76 77 77-78 78 79-80 80 81 82-84 85 86 86-87 87 11R ND, (REGULAR - P 6 Z) JULY 23, 1981 56 ACCEPT PLAT "FUTURA PROFESSIONAL SUBDIVISION" 57 ACCEPT BID: SEATING FOR NEW CONVENTION CENTER 58 FORMALIZING RESOLUTION: WAIVE RENTAL FEE FOR USE OF BAYFRONT PARK,AUDITORIUM-COMMEMORATIVE CELEBRATION OF CUBA14 ARMED FORZES DAY 59 ALLOCATE $175,000 NEW WORLD FESTIVAL INC. NEW WORLD CONTEMPORARY FESTIVAL 60 PAY ADDITIONAL $1,950. TO SHAFER AND MILLER INC. ADMINISTRATION BUILDING 61 ORDERING RESOLUTION: KQUBEK SANITARY SEWER IMPROVEMENT SR-5477-C 62 ORDERING RESOLUTION: KOUBEK SANITARY SEWER IMPROVEMENT - SR-5477-S 63 ORDERING RESOLUTION: KIRKLAND SANITARY SEWER IMPROVEMENT SR-5478-C 64 CONSENT AGENDA: 64.1 ACCEPT BID: PNM CORPORATION -RIVERSIDE PARK -CD PROJECT 64.2 ACCEPT BID: SUNSET ENTERPRISES, INC.-BELLE MEADE ISLAND BRIDGE-MODIFICATIONS-1981 64.3 ACCEPT BID: ANKNEY AND CHRISTENBURY ENT., INC. DAY CARE CENTERS -EXPANSION 64.4 ACCEPT BID: SUNSET ENTERPRISES-MELROSE PARK - IMPROVEMENT 64.5 ACCEPT COMPLETED WORK: DMP CORPORATION - DOWNTOWN GOVERNMENT CENTER -STORM SEWER MODIFICATIONS 64.6 ACCEPT COMPLETED WORK: TIMCO ELECTRIC INC.- MIAMI STADIUM FIELD LIGHTING 1981 64.7 ACCEPT COMPLETED WORK: ASSOCIATES CONSTRUCTION CORPORATION -LEMON CITY PARK -COMMUNITY DEVELOPMENT PROJECT 65 APPROVE 20 EXEMPTIONS FROM THE HIRING FREEZE 66 MLAMI-BOGOTA SISTER CITY PROGRAM: APPROVE 1 MEMBER AND COMMISSIONER J.L. PLU*fER TO ATTEND (WORLD DIRECTORS OF SISTER CITY PROGRAM AUGUST 19/22 67 APPROVE FUNDS FOR ONE STAFF MEMBER AND ONE CITY COMMISSIONER TO ATTEND WORLK DIRECTORS OF SISTER CITY PROGRAM AUGUST 19/22 68 PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS ' 69 RECONSIDERATION OF ITEM 38 AND PERSONAL APPEARANCE OF MR. DOLAN OF DOLAN ENTERPRISES -DISCUSSION ONLY i I I KESOLUTIINM& N0. PAGE NO. R-81-680 88 R-81-681 89 R-81-682 R-81-683 R-81-684 R-81-685 R-81-686 R-81-687 R-81-688 R-81-689 R-81-690 R-81-691 1 90 1 90-91 91-9 2 92 93-94 94 94 95 95 95 R-81-692 96 R-81-693 1 96 R-81-694 M-81-695 M-81-696 M-81-697 DISCUSSION DISCUSSION 96 96-97 1 97-98 98-99 100 100-102 0 imi Rod 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 (.REGULAR-P & Z) Sam JULY 23, 1981 AWARD $1,750,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, $4,400,000 HOUSING BONDS AND $3,000,000 STORM SEWER IMPROVEMENTS BONDS OF THE CITY CONFIRM ORDERING RESOLUTION: AUBURN SANITARY SEWER IMPROVEMENT SR-5475-C CONFIRM ASSESSMENT ROLL: S.W. 22ND STREET HlGkiri.':: IMPROVEMENT PHASE II-(H-4395) AUTHORIZE AGREEMENT: ALBERT R. PEREZ ASSOCIATES, P.A. LANDSCAPE ARCHITECTURAL SERVICES FOR RENOVATION OF MANOR PARK ACCEPT BIDL WYNWOOD COMMUNITY DEVELOPMENT PAVING PROJECT PHASE V-HIGHWAYS ACCEPT BID:WYNWOOD COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE V-DRAINAGE PUBLIC HEARING: MIAMI CENTER II DUPONT PLAZA PROJECT A DEVELOPMENT OF REGIONAL IMPACT PUBLIC HEARING CONDUCTED AND CONTINUED TO 9110181 FORMALIZING RESOLUTION: ALLOCATE UP TO $10,000 FOR CONTINUED CONSULTANT SERVICES DURING NEGOTIATIONS WITH CABLE T.V. (TELECOMMUNICATIONS MANAGEMENT CORPORATION) AUTHORIZE CITY MANAGER TO COMMENCE NEGOTIATIONS WITH AMERICABLE OF GREATER MIAMI: (A) RESOLUTION NOT PASSED DUE TO LACK OF FULL COMMISSION (B) MANAGER WILL PROCEED ON BASIS OF PREVIOUSLY PASSED MOTION (C) AUTHORIZE CITY ATTORNEY TO ENGAGE ARNOLD AND PORTER LAW FIRM TO ASSIST WITH NEGOTIATIONS SUPPORT EFFORT IN PRINCIPLE: ALLOCATE $25,000 AS C PARTICIPATION TO THE SECOND INTERAMERICAN SUGAR CANE SEMINAR INSTRUCT CITY MANAGER TO MEET WITH MR. ED. LONDON REGARDING HIS PROPOSAL TO CONSTRUCT LOW INCOME HOUSING IN THE CITY PERSONAL APPEARANCE OF MR. CALHOUN REQUESTING A FACILITY TO BE USED AS A PLACE OF WORSHIP BY THE HAITIAN COMMUNITY (REFERRED TO CITY MANAGER) MOTION OF INTENT: NO MORE SUPPLEMENTAL AGENDAS BEGINNING IN SEPTEMBER UNLESS THERE IS CONCURRENCE OF A MAJORITY OF THE MEMBERS OF THE CITY COMMISSION INSTRUCT CITY MANAGER TO INVESTIGATE POSSIBLE FUNDING FOR COST OF LIVING ADJUSTMENT FOR RETIREES CONTINUE FUNDING N.E.D.A. FOR ONE MORE MONTH APPROVE IN PRINCIPLE: REQUEST FOR $500,000 SEED MONEY TO SECURE 1.5 MILLION CAPITAL AND RESERVES TO LICENSE A CASUSLTY COMPANY rOLUTION 1�0� PAGE No R-81-698 102 R-81-699 103 R-81-700 103 R-81-701 R-81-702 R-81-703 M-81-704 R-81-705 M-81-706 IT M-81-707 M-81-708 DISCUSSION M-81-709 M-81-710 R-81-711 M-81-712 104 105-106 106 107-130 130-131 131-150 150-153 153-154 156-157 157-158 t 158-160 160-163 163 - V 11a is wi 11D4 W, (REGULAR-P b Z)_- —SUBJECT (JULY 23, 1981) 86 APPROVE IN KIND SERVICES FOR DOWNTOWN MIAMI BUSINESS ASSOCIATION ANNUAL DOWNTOWN SUMMER FESTIVAL ON AUGUST 16, 1981 87 WATERFRONT BOARD: (A) MAKE LAUNCHING RAMP AT ELIZABETH VIRRICK GYM USEABLE (B) INTENT TO SUPPORT ORDINANCE WHICH WILL DEFINE MOORING AREAS AT DINNER KEY MARINA (C) APPOINT STUART SORG AS LIAISON TO OBTAIN BOATING IMPROVEMENT ACT FUNDS FOR CITY (D) INSTRUCT CIYT MANAGER TO MEET WITH REPRESENTATIVE OF U.S. NAVY FOR RELOCATION OF RESERVE TRAINING CENTER 88 PERSONAL APPEARANCE: MR. JOSE MENDEZ REQUESTING DONATION OF CITY OWNED LAND FOR CONSTRUCTION OF TteORARY HOUSING USING VOLUNTEER LABOR (APPROVED IN PRINCIPLE) 89 INSTRUCT CITY MANAGER TO NEGOTIATE FOR USE OF AIR RIGHTS OVER PUBLIC SIDEWALK AT 315 N.W. 2ND AVENUE 90 DISCUSSION AND TEMPORARY DEFERRAL:CHANGE ZONING CLASSIFICATION 1300 S.W. 12TH AVENUE 91 BRIEF DISCUSSION AND CONTINUATION OF AGENDA ITEMS 4 "A" & "B" FOR FURTHER INFORMATION (PLANNING AND ZONING AGENDA) 92 DISCUSSION AND DEFERRAL OF CONSIDERATION OF REQUEST FOR CHANG E OF ZONING-FLORIDA AVENUE, MARGARET STREET, S.W. 32nd AVENUE 93 CHANGE ZONING CLASSIFICATION 1300-1318 S.W. 12 AVENUE (CUBAN MUSEUM) WITH STIPULATIONS TO BE SUBMITTED TO ADMINISTRATION 94 COMMUNITY BASED RESIDENTIAL FACILITIES: SECOND READING URDINANCE: AMENDED TO INCLUDE PROVISION FOR SIGNS 95 PUBLIC HEARING: VACATION AND CLOSURE OF RICE STREET (MAYFAIR III) RESOLUTION GRANTED SUBJECT TO SUBMISSION OF VOLUNTARY CONVENANT 96 FINAL CONTINUACION: SPD-1 CENTRAL ISLAND DISTRICTS 97 SECOND READING ORDINANCE - CBD-2 DISTRICT, CENTRAL COMMERCIAL 98 GRANT 1-YEAR EXTENSION FOR DRIVE IN TELLERS-N.E. 13 STREET AND 2ND COURT 99 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION-2801 S.W. 27TH AVENUE FROM RCC TO C-2 PAGE # 6 tD1=1SID. I PAGE We M-81-713 M-81-714 M-81-715 M-81-716 M-81-717 M-81-718 M-81-719 DISCUSSION DISCUSSION M-81-720 R-81-721 M-81-722 ORD. 9304 R-81-723 DISCUSSION ORD. 9305 R-81-724 I FIRST READING 165-166 166-173 173-175 175-177 178 179 180-181 181-186 186-192 192-226 227-229 2 30-2 31 231 I 232 lim N1 I (REGULAR-P & Z) SLBW (JULY 23, 1981) 100 101 102 103 104 105 106 107 108 109 110 111- 112 s PAGE # 7 &OINMIIE SO & IPAT 104 DEFERRAL OF CONSIDERATION: CHANGE ZONING CLASSIFICATION S.E.+CORNER OF N.W. 21ST AVENUE AND N.W. 20TH STREET FROM R-3 TO C-4 I -DISCUSSION 232-235 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION BLOCK BOUNDED BY N.W. 6 AVENUE 6TH COURT, N.W. 58 & 60 STREETS "SIMPSON ADDITION" DADE COUNTY HUD FIRST READING 236-237 VACATE AND CLOSE N.W. 6 COURT BETWEEN N.W. 58 AND 60 STREETS TENTATIVE PLAT "SIMPSON ADDITION" DADE COUNTY HUD. R-81-725 237 CONTINUE PUBLIC HWING: PROPOSED REDUCTION OF ZONED STREET WIDTH CORNELIA DRIVE DISCUSSION 238-246 APPROVE MIAMI DESIGN PLAZA PARKING STUDY AREA GENERALLY BOUNDED BY N.E. 41 STREET, N.E. 36 STREET, N.W. MIAMI AVENUE AND F.E.C. RAILROAD. APPROPRIATE $30,000 FOR FEASIBILITY STUDY OF PARKING GARAGE IN THE MIAMI DESIGN PLAZA AREA (TEMPORARILY DEFERRED) R-81-726 246-247 ESTABLISH PROPOSED MILLAGE RATE FOR FY BEGINNING OCTOBER 1, 1981 REQUEST EACH DEPARTMENT HEAD TO REPORT IMPACT OF 10% REDUCTION R-81-727 247-249 CONTINUED DISCUSSION: FIRST AND SECOND READING ORDINANCE: APPROPRIATE $30,000 FOR FEASIBILITY STUDY OF PARKING GARAGE IN THE MIAMI DESIGN PLAZA AREA ORD. 9306 249-251 CONTINUED DISCUSSION OF PROPOSED MILLAGE RATE DIRECT CITY MANAGER TO HAVE DEPARTMENT HEADS ADVISE CITY - COMMISSION AT NEXT COMMISSION MEETING ON IMPACT OF 10% CUTBACKS M-81-728 251-256 FORMALIZING RESOLUTION: ALLOCATE $25,000 FOR PUBLIC INFORMATION FOR $21,000,000 FIREFIGHTING BOND ISSUE R-81-729 257 AUTHORIZE CITY ATTORNEY TO SEEK APPROVAL FROM & ENTER INTO AGREEMENT WITH PLAINTIFFS FRANKLIN G. COHEN VS. CITY OF MIAMI TO EXTEND PRESENT PROMOTIONAL REGISTERS FOR POLICE SERGEANT, POLICE LIEUTENANT AND POLICE CAPTAIN R-81-730 258 APPROVE SELECTION OF RUSSEL MARTINEZ AND HOLT: DESIGN PLAZA AREA PROFESSIONAL ARCHITECTURAL/ ENGINEERING SERVICPS R-81-731 259 APPROVE CONSTRUCTION OF RECREATIONAL FACILITIES IN BICENTENNIAL PARK SUBJECT TO SITE PLAN APPROVAL BY THE COMMISSION R-81-732 260 APPROVE ALLAPATTAH GREAT NEIGHBORHOOD COMMUNITY REVITALIZATION PLAN R-81-733 261 C�����IW'U♦ �LJJ�UI� 1M We (REGULAR„P b Z) SUBECT (JULY 23, 1981) 113 DEFER FOR MORE INFORMATION: APPEAL OF ZONING BOARD 78 LINCOLN 114 115 116 117 DENIAL ON VARIANCE FOR FENCE HEIGHT-25 AVENUE UPHOLD RECOMMENDATION OF ZONING BOARD AND PLANNING DEPARTMENT TO DENY: DEVELOPMENT OF P.U.N. 2537 S.W. 11 STREET APPRQVE APPLICATION FOR 6 MONTHS EXTENSION OF CONDITIONAL USE AND VARIANCE-BISCAYNE FABRICS, INC. 111 N.W. 40TH STREET AND 4000 NORTH MIAMI AVENUE GRANT 1 YEAR CARSSION OF AT 550 N.EI2NDNAL USE AVENUE FOR STORAGE OF 150 REAL ACCEPT GRANT FOR CULTURAL PROGRAM: "SYNERGETICS" FIRST READING ORDINANCE: NEW TRUST AND AGENCY FUND 11 SYNERGETICS" AGREE IN PRINCIPLE TO PROPOSED EXPANSION OF RUSTY PELICAN RESTAURANT COMMUNICATION WITH NEIGHBORS AND PROVIDE FOR PUBLIC HEARING PAGE 8 f T�E5011 I J 1�10 � Pa M DISCUSSION 1262-265 M-81-734 R-81-735 I 266-268 R-81-736 R-81-737 268-269 R-81-738 1269-270 FIRST READING 1270-271 R-81-739 1271-272 a N MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORID On the 23rd day of July, 1981, the City Commission of Miami, Florida, net 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 9:15 A.M., by Mayor Maurice Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: COMMISSIONER JOE CAROLLO. ALSO PRESENT WERE: Howard V. Gary, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. On motion duly made and seconded by the City Commission, the Minutes for the meeting(s) of May 15, 1981. 1. DEFER ALL APPOINTMENTS TO BOARDS AND/OR COMMITTEES UNTIL -A FULL C0114ISSION IS PRESENT. Mayor Ferre: Good morning, ladies and gentlemen, this is a regular City of Miami Commission Meeting. Committee of the Whole, Agenda A.... Mr. Plummer: Mr. Mayor, if I may, I think that we are aware but I think that the public should be aware that Mr. Carollo is not going to be here today due to other pressing matters. As you indicated to me, the man made every effort to try to get back last night and could not. But I think that what we should do is maybe lay the groundwork for the day seeing how I have never had an agenda as thick as what we have. I would hope that those matters that directly Mr. Carollo has a deep interest in would be postponed and I would ask if we could lay the groundwork now, maybe some of the people who are. hanging around for those particular issues might not be suffering all day waiting for an item to be deferred; plus I would hope that any matter relating to appointments would be postponed until the next meeting. I think that's only fair and I would be very much in favor of it. Mayor Ferre: All right, let's do it this way. Usually this happens with zoning matters. I can't think of a time where we've had somebody absent from the Commission...I think, you know, over the past year we've always had a very good attendance record. I cannot think of an important meeting where there was a Commissioner missing the whole day, and Commissioner Carollo, as has been stated by Commissioner Plummer, is out of the State and was unable to be here, he tried to come back last night and was unable to do so. I don't know whether his Assistant, Mike, is in the audience at this time, but if not, we w411 ask him, because he has been in contact with Commissioner Carollo, are there any particular items that he would like delayed until he is present. In the meantime, if it's all right with the Commission, any item which be- comes deeply controversial and looks like it would have a two -to -two split, i0l JUL 2 31981 a, mould have to be put off, then I would hope that we would all honor that, Just put it off until the full Commission is here. Mr. Plummer: Mr. Mayor, I would make a motion at this time in reference to appointments, that all appointments be deferred until the next Com- mission meeting, and I would offer that in the form of a motion, I think that would help to clear up that segment. Mayor Ferre: Moved by Plummer, second by Gibson. Now, under discussion. There might be in the Audit Committee that we need that. As I recall, Carollo... Mr. Plummer: All right, with that exception then. Mayor Ferre: Are there any other exceptions? Mr. Plummier: I think —didn't Mr. Carollo make his appointment there anyhow? UNIDENTIFIED SPEAKER: Yes. Mayor Ferre: That's my point. Mr. Plummer: Oh, (.)kay, with that one exception, I don't think that is any controversy is he hqs already had the opportunity. Mayor Ferre: Mike, what I've stated into the record is that Mr. Carollo is out of the state, cannot be here, he tried but was unable to come in last night, and that if there are any items that he would want deferred that we will, within reason, recognize that. s= (BACKGROUND STATEMENT FROM THE AUDIENCE, PLACED OUTSIDE OF PUBLIC RECORD) Mayor Ferre: You better do this on the record lease sir. Your name... 02 � Y . P Mr. Michael Miller: To my knowledge, he didn't indicate anything to me _= that he would like deferred. However, I think in view of the fact that the Planning Board is his appointment, I think be would appreciate that it would be held over. Mr. Plummer: Here again, Mr. Mayor, my motion with the exception of the Audit Committee will stand, that we just put all appointments over until that time. Mayor Ferre: All right, it's been moved and duly seconded, further dis- cussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION No. 81-647 A MOTION TO DEFER ALL APPOINTMENTS TO CITY BOARDS AND COMMITTEES UNTIL THE SEPTEMBER 10, 1981 COMMIeSION MEETING WHEN, HOPEFULLY, A FULL COMMISSION WILL CONVENE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo. Mayor Ferre, in brief comments, informs those present that should any one decide to request postponement of their issue in view of the lack of ;42 JUL 2 31981 �i a full Commission, the Commission would certainly consider their request for deferral, unless it were a matter that cannot be put off for specified reasons. He further asked of those present to indicate such an interest if that were the case. No response from the audience. 2. DISCUSSION OF PROMOTIONAL REQUIREMENTS UNDER THE CONSENT DECREE. Mayor Ferre: We are now on item A, which is a report concerning the Consent Decree Promotional requirements. Mr. Manager. Mr. Howard Gary: At the last City Commission Meeting and the meeting prior to that, some issues were raised as the result of the promotional requirements in the Police Department, not so much the requirements, but preferably the practice. The unions raised an issue, about two months ago, about the pro- motional practice in the Police Department particularly as it relates to the skipping of certain individuals on the register and, as far as I'm concerned, in terms of their concern, it was an issue of not so much that they had to comply with the Consent Decree, but they felt that we were trot appropriately promoting people within the Consent Decree requirements and that we were skipping minorities against other minorities. They also questionned the criteria that were used for that promotion. Now, at the last meeting, -I mean-- before last, the City Commission instructed me to invite Mr. Squire Padgett, from the Justice Department to discuss this issue and Mr. Knox and I have held considerable discussions with Mr. Padgett. He is in the audience today and he'll be happy to respond to any questions the City Com- mission may have. We also have representatives of the Union to also discuss that issue. Mayor Ferre: I'll tell you, could we first get the Chief's statement?... if that's what he wants to do and then we'll get the union statement. And I would like to say, because I don't think that this should be strictly a Police and a Union situation. I think -as have been pointed out by other unions here- that this is something that other Deparmtnets in the City are also interested in. There is a specific memorandum, I assume to all the Commission -I've got a copy of it- showing where certain black employees have been skipped...two or three and that a fourth --I think it was a fourth -- employee was given preference in the selection process and I think that there are members of the Union that wish to discuss that here. This is not the Police Department's problem alone. Mr.Gary: Yes, sir. Mayor Ferre: Okay. Chief Kenneth Harms: Mr. Mayor, members of the Commission, I don't really have a statement at this point in time but we have been prepared to respond to any questions or respond to any concerns that the employee organization or Mr. Klausner had in that regard. So, again, to that extent, I'm prepared to respond to any questions. Mayor Ferre: All right, sir. Mr. Walter Rodak: Mr. Mayor, I met with Chief Harms, -I'm Walter Rodak, President of the FOP. I met with Chief Harms this morning and agreed in that we will sit down and discuss this. At this time we would like to defer any action on this by this Board and we feel that we will come into some negotiations on this and we won't have any problems. We want to take it off the agenda. Mayor Ferre: Well, then, the problem is solved....for now, anyway. US JUL 2 3 19 8) W, Kodak: I feel that we can take it off the agenda and we will sit dower and discuss it with Chief Harms. Mayor Ferre: Then, I think we have to let others who are here and Mr. Padgett, who flew all the way from Washington and I think, out of courtesy to him since we've been waiting all this time, we certainly would like to discuss it with him. But in the meantime, let's see if we get the other union representatives —if they wish to make a statement. Anybody else? Mr. Rodak: The only thing I would like to add is that we support the resolution. Mr. Connor Adams: My name is Connor Adams, ACFSME 1907. I did send all the Commission copies and documentation of three lists --and also to the City Manager-- where similar things had been going on as far as skipping people in the list, skipping monorities or affected classes on the list, 'and appointing down, lower, on grade levels, other affected classes. Now, I'm not opposed to the Consent Decree, first of all, and I'm not opposed to Affirmative Action. I believe in them, but I am opposed to arbitrarily just picking someone off a list for promotional reasons using the Consent Decree or Affirmative Action as a reason for it. Mayor Ferre: All right, Father. Rev. Gibson: Mr. Mayor, it seems to me that if these three parties ... sir, you, aren't you with them? (INAUDIBLE RESPONSE) Are you adverse to what is being said? UNIDENTIFIED SPEAKER: No, Commissioner. Rev. Gibson: It seems to me that if these three parties are in accord as they have indicated - Mr. Padgett is here, why wouldn't the three parties take advantage of Mr. Padgett's being present in this City in- stead of us fighting up here today, can't you all meet with him and perhaps if you have some concerns since he is really over the Consent Decree in a way, you all come to some understanding? I would hope we wouldn't have the man come all the way from Washington and then come up here and say, "Well, you know, I think we're going to cancel out or postpone", we ought to make sure that what we do after this meeting isn't contrary and I hate having the Chief come up here as the sacri- ficial lamb. I think all of you ought to get together and talk over whatever your differences are and instead of taking this big room, you all can get an office here and go talk over this business and put it on the table. Mayor Ferre: There is a very important point that needs to be made, Father, before that happens and I'd like whenever you're finished ask, Squire Padgett, perhaps to step forward and we can ask him some questions. Mr. Robert Klausner: Mr. Mayor and members of the Commissioner, Robert Klausner, 28 West Flagler Street. I'm the attorney for the Fraternal Order of Police. Father Gibson, that's exactly what we were about to do. What we wanted to inform this Commission is on behalf of the FOP to thank the Commission for its concern and we believe that the Com- mission's open expression of concern has helped bring the parties to- gether again and we've been assured that discussions will now be open and fruitful and meaningful and that's exactly what we wanted all along. And the proposed resolution which is before the Commission as Item "A" in your packet the FOP supports, we believe that that is an important step in the right direction and we encourage this Com- mission to adopt that resolution directing the Civil Service Board to consider the matter. Mayor Ferre: All right, anybody else from any of the unions or any employee groups? If not, Mr. Padgett, we're happy to see you here, Mr. Padgett, we thank you for taking the time to come. I'd like to, J. L., since you had requested that Mr. Padgett be here, I have asked him that perhaps he might answer some questions and I'd like to just kind of start off by framing it this way. Yesterday there was a news story on the radio about a lawsuit that the government of Puerto Rico had placed to stop the u. S. Government from transferring Haitians from Miami to Puerto Rico. The basis of that lawsuit was that a study needed to be made for environmental reasons and to make sure ��4 JUL 2 31981 that historic preservation act was no violated. Now, you know, that is all very nice but you know damned well that what they were doing is they were using the Historical Preservation Act and the Environmental Regula- tions of the Federal Government to keep a group of Haitians from going to Puerto Rico and that was not the purpose of the Environmental Act, that was not the purpose of the Historical Preservation Act, there was a tot- ally different purpose for that but here was a government using something that was really that they were not entitled to use to keep something from happening. Now, my position with this whole process is similar. The Consent Decree was meant so that Cubans and other Latins, blacks and women would have upward mobility in the City of Miami, period - nothing more, nothing less. It wasn't meant to solve managerial problems, it wasn't meant to solve budgetary problems, it wasn't meant to solve anything else but Affirmative Action, the upward mobility of minorities and women within the ranks of City Police, Fire and other departments, period - nothing more, nothing less. Now, before we had the Consent Decree we had a cer- tain rule of order and the certain rule of order was something that existed in the City for many many years as to how people were promoted. That was changed because of the Consent Decree. It was also changed in our Civil Service Rules. But those changes in the Civil Service Rules subject to the Consent Decree were meant so that blacks and other minorities and women could move up the ranks, period - no more. Now, for the Consent Decree to be used in such a way so that the selection process is left in the hands of management whether it be the Police Chief, the Fire Chief, and we're not certainly singling out any department head, any department head in my opinion is a misuse of a sacred trust and the sacred trust is the Consent Decree which is upward mobility of minorities and I think that we've got to be very careful with the tampering of something that had a single purpose so that it ends up being used for multiple purposes other than what was the intention. Now, Mr. Padgett, I'll start the quesions off to you by asking you whether or not in your opinion the Justice Depart- ment has any business in the determination of how the City of Miami manages itself other than as it impacts the main thrust of the Consent Decree which is upward mobility of minorities? Mr. Squire Padgett: There is a short answer to that and that is no, the Justice Department does not have any responsibility other than that. Mr. Plummer: Mr. Padgett, I just wanted to give you the opportunity - are you finished, Mr. Mayor? Mayor Ferre: Go right ahead, J. L., I'll be happy. Mr. Plummer: Mr. Padgett, it was said, and I'm sure somewhere along the line you've been briefe4 of why you're here and the problem surrounding it. It was contended that not only was this process run by you but other vital departments in this City who were concerned such as Human Resources, Labor Negotiations and things of this nature and I just want really I guess a confirmation from you that the process that is being used was run by you and you have no objection. Mr. Padgett: To the extent, you mean run by me, do you mean do I know all of the details? Mr. Plummer: Yes. Mr. Padgett: For example, the 18 criteria that are being used? Mr. Plummer: Yes. Mr. Padgett: All right, this process have discussed that, no question about items or something of that nature, no, have never seen them. itself I am familiar with yes, and we that. But as for each of the 18 I don't know what those are and Mr. Plummer: Okay, but the criteria was run by you and you voiced no objectionIto the criteria? Mr. Padgett: The criteria themselves was not run by me, no they were not. Mr. Plummer: But the process. Mayor Ferre: Should it be run by++ you? 1O JUL 2 31981 Mr. Padgett: All right, the process was run by no, yes, and I understand { what the process is but the criteria, no, it was not and to respond to the other question, no, that is not my responsibility to decide what criteria the City of Miami utilises to promote employees other than the contractual relationship which we have with the City of Miami. Mr. Plummer: Surely it would be within your scope of responsibility that if there was something in the process that you felt was contrary to the Consent Decree you would have raised objection. Mr. Padgett: Yes, the answer to that is yes. Mr. Plummer: Thank you, sir. Rev. Gibson: But wait a minute, that is a pretty broad thing. Hell, you're in Washington, aren't you? Mr. Padgett: Yes, sir. Rev. Gibson: You're in Washington. How would you know what is being violated unless it was brought to your attention? Mr. Padgett: Well, I guess that's a part of the question that...... Rev. Gibson: Right, let's make sure that's clear because otherwise we get the impression that you know all the facts and every4-hing that's being done was Okayed by you, that's not the way it was or is. Mr. Padgett: That's correct. Rev. Gibson: You know, I live here. Mayor Ferre: Well, let's be very specific. Mr. Padgett, you work for the Justice Department, is that right? Mr. Padgett: Correct. Mayor Ferre: And you're responsible for this Consent Decree with the City of Miami. Now, under what authority is the Justice Department interfering and intervening in the City of Miami's business? Mr. Padgett: Hopefully none.... Mayor Ferre: You already have, Mr. Padgett, I might remind you that we hve something called a Consent Decree which you're responsible for. Under what authority did you intervene? Mr. Padgett: Okay, the authority by which we pursued this matter was on the basis of federal statutory law which I think everybody is familiar with, Title VII. Mayor Ferre: What specifically? Mr. Padgett: Title VII Revenue Sharing and the Constitution were some of the things. Okay? Now, to the extent that we have a relationship with the City of Miami it is limited to that contractual relationship that we entered into in the Consent Decree. Our responsibilities over and beyond that do not exist, there are no responsibilities over and beyond that. Mayor Ferre: In other words it is not the roll of the Justice Department to determine managerial and Commission decisions other than in those areas in which under an act of Congress and the Constitution you have clearly outlined responsibilities to make sure that there is no discrimination within the ranks of the City of Miami. Is that correct? So, in other words you have no direct responsibility for the decisions within the body politic called the City of Miami and, therefore, it really is not your responsibility whether we have one, fifteen or one hundred criteria for selections other than when it impacts affirmative action and the Consent Decree and the upward mobility of minorities and women. Mr. Padgett: That's right, or the good personnel practices which we strongly encourage in this. Mayor Ferre: Okay, now, so the point is that if the City of Miami had a procedure for the Consent Decree that has nothing to do and does not wo JUL 2 31981 itVact in any way on the Consent Decree as far as minorities and women, are concerned and whether or not you have the right and the ability under law to come in and intervene, and you said that you don't, and, therefore, it really is something that must be determined in-house within the body politic of the City of Miami. Now, to the Commission I would then, there- fore, leave you with this. The procedure that we have under the Charter of the City of Miami is that this is something that must be determined by the Civil Service Board, the Civil Service Board must recommend and then the City of Miami Commission can become involved in it. Furthermore, I would point out that we have a contractual labor agreement between the City of Miami and several unions which directly impacts upon this and if it doesn't interfere in the process of the Consent Decree then I think we don't need to go through a long drawn out legal procedure, the unions have a right to sit down and discuss with the Police Chief and with the other members of the affected administration, Mr. Gary, these critical points which I think fall+ directly within their purview and their contracts. Mr: Plummer: Mr. Padgett,'would it be a correct statement that you in your capacity for the department which you represent, that you served and have served as a monitor,of the Consent Decree? Mr. Padgett: Yes, we have served as a monitor. Mr. Plummer: Thank you. Rev. Gibson: But, Mr. Mayor, I keep saying what you're saying Plummer is fine, what the Mayor is saying is fine but this man is in Washington. Mayor Ferre: Precisely, and we're here. Rev. Gibson: This man is in Washington and he will not know that what was said to him or what was agreed to by him and you was being violated unless it is reported. Therefore, the people here who may be the agrieved party e have a responsibility to call it to his attention and then he says, "Hey, look, Chief, this is not right", "Look, union, you.cannot do this". I think we're missing this point. Man, hey. Mayor Ferre: Father, I think that is a very valid point but there is a point beyond that and the point is this, that it is not the policy of the Justice Department to decide which black gets which position, that's not for them to decide. And the question is who makes that decision? And the way it was before the Consent Decree is people took exams, whoever was the top individual, that's the person that was chosen. Now, that was put aside because of the Consent Decree but the question still remains, is it right for any manager within the City ranks when there are 5 blacks who take an exam and pass the exam to skip over black 1, 2, 3 to choose black 4 or 5? See? And that's where the crux of the matter is and I think that is a decision that the Justice Department is not involved in, it is strictly a managerial decision that we have to deal with with the unions and with the City of Miami and its policy and I think, you know, the Chief knows my position and I told Mr. Gary and that is I think we have to have some flex- ibility, I would hope that they could sit down at the bargaining table and work it out. _Anybody else? Mr. Padgett: Any other questions? Mr. Plummer: I have no further questions, and thank you for coming. Mayor Ferre: Thank you, Mr. Padgett, we're grateful for your presence here. Mr. Padgett: Thank you very much for inviting me here. 07 JUL 2 � 198 1 11 • 3. AMBASSADOR OF VENBZUELh Mayor Ferre: We're very honored today with the presence of the Ambassador of Venezuela to the Organization of American States who honors with his presence and I would like to invite his excellency Dario Cardoso, a distin- guished Senator from Venezuela and now the Ambassador of his country for the Organization of American States to step forward. I would like for the Counsul General and the committee that is with him to accompany the ambassador. Ladies and gentlemen, to put this in perspective, last year the district of Miami which includes Port Everglades and the Port of Miami and the Airport exported $10,000,000,000 worth of U. S. products to the rest of the world. We, therefore, became the second most important port and one of three who had a positive balance of trade in the United States second in importance only to the Port of New York. The Port of Miami has had such an expansion that it can hardly keep up with the growth. 40% of everything that is ex- ported from the Port of Miami goes to Venezuela. That is how important Venezuela is to the economy of Miami and people do not understand that Venezuela who was formerly an underdeveloped country is very very quickly joining the ranks of the industrial and developed nations of the world and if it is not there now it is not far from being ranked amongst the indust- rialized nations of the World. And I think we saw that very obviously when our own Secretary of State, General Haig met in Nassau recently and the people that were involved in that process were the Secretary of State of Mexico, the Secretary of State of Venezuela and the Secretary of State of Canada and I think that that tells you precisely the structured import- ance of Venezuela as a developing or a developed nation and I think that aside from the fact that last year we had over 300,000 Venezuelans come to Miami as tourists, and Mr. Ambassador, I might say that we're also quite happy that they were the highest spenders of all of our visitors, having spent well over $1,000 per visitor. The economic impact of Venezuela in other words to this community is tremendous but it is not for that reason that we welcome you here. We welcome you here because you in your public career have distinguished yourself and your country historically has the ideals of Simon Bolivar which are very similar to the ideals of Thomas Jefferson and George Washington and it is your country where Bolivar was born that has set because of the Bolivar ideal the direction which all of the Americas Spanish speaking, English, French and Portugese speaking must set. Certainly Venezuela in the past decades has set an example of not only a democratic process but of the recognition of the dignity of man, the recognition of the human and civil rights that all of us share as human beings and certainly has set a great example for the rest of the hemisphere and, therefore, I cannot think of a country that is more deserv- ing of our friendship and praise and recognition and certainly of a more dignified representative of that tradition than yourself. Mr. Ambassador, we're honored with your presence. Thereupon Mayor Ferre presented the Key to the City of Miami to Ambassador Dario Cardoso. Mayor Ferre: Oh, I forgot, J. L. as usual comes with a very good point. We forgot to mention that two nights ago Miss Venezuela was also chosen Miss Universe so besides having wealth and tradition and history, Venezuela also has beauty, Mr. Ambassador. Thereupon Ambassador Dario Cardoso made a statement in Spanish. Mayor Ferre: I might share two thoughts with the ambassador, for those-- of you that don't speak Spanish, first of all he mentioned that Venezuela is very happy to have 1500 Venezuelans studying at our local Universities in Miami and secondly he talked about the great experiment that Miami has become in the world of sociology, that it is being studied as an example of transculturalization but. that he as an aside jokingly said he doesn't know whether Miami will become a great city that was organized by Americans and then disorganized by Latins bUt that he has full faith and hope that there will be positive contributions on both sides. no W JUL ��t 4. DISCUSSION AND TEMPORARY DEFERRAL OF EXTENSION OF PROMOTIONAL i REGISTER (See later same meeting) Mayor Ferre: Mr. Knox is asking that we take out of order a resolution author- izing the City Attorney to extend the register. This is to seek approval from and enter into an agreement with the plaintiffs in the Franklin Cohen versus City of Miami to extend the present promotional register for Police Sergeant, Police Lieutenant and Police Captain for a period of one year from the date of expiration. Now, I assume that everybody is for that, right? Nobody ob- jects to it? Plummer? Well, let's wait until Plummer gets here out of court- esy. It has moved by Lacasa, is there a second? Second by Gibson, we'll wait until Plummer gets here. ;4r. Knox, could you have somebody go get Commissioner Plummer so he can vote on this and explain to him what it is, Jack, would you, please? Oh, here he is. J. L., Knox has requested that this item be taken out of order so these people can go back to work. It is an extension of the register for one year, nobody has any objections to it. That is sergeant, lieutenant and captain. Mr. Plummer: I'm not ready, Mr. Mayor, I've got to read it. Mayor Ferre: Well, if you want to put it off then let me know. Read it for a moment. Mr. Plummer: Has the Chief seen this, is he in accord? Has it been run by Civil Service, are they in accord? Does Mr. Padgett have a copy of it, are they in accord? Mr. Gary: Yes, everybody is in accord. Mr. Plummer: Well, I'm saying, you know these are the things that come out of left field.... Mayor Ferre: Well, I said it on the record but you were out of the.... Mr. Plummer: Oh, I'm sorry. Mayor Ferre: I said on the record that it is my understanding from Mr. Knox that everybody who is an interested party in this in the Franklin Cohen Versus City of Miami, all affected parties, all participants, everybody is in accord. Now, is there anybody, the Police Chief, the Human Resources Department, the Manager, the unions, the lawyers, anybody who is not in accord? Anybody, are you in disaccord? Oh, I thought you were talking about this. Mr. Plummer: You've read this, Mr. Krause? Chief Harms, you've read this? Chief Harms: No, I have not. Mr. Plummer: You've not gven seen it? Chief Harms: I'm familiar with it but I've not read it. Mr. Plummer: Mr. Mayor, T move this item be deferred, no, not this item be deferred, it's not an item. Mayor Ferre: Well, we have a motion and a second on the floor, we'd have to..... Mr. Gary: We've got no problem, the Chief has no problem. Mayor Ferre: Do you want to defer this, J. L.? Mr. Plummer: Mr. Mayor, you know..... Mayor Ferre: I'm not trying to do anything but get right down to the bus- iness of the City of Miam4. There is a request for deferral, I assume no- body has any objections. Mr. Plummer: A deferral until such time as I've had the opportunity to read. .09 JUL__2 3-1981 Mr. Lacasa: Second. Mayor Ferret Okay, we don't need to second any motion, it's just dropped, if you'll drop your motion and you drop your second then it's not on the floor. You'll have to, Mr. Manager, how many people are here involved in this that Mr. Knox wanted to get out of the room? Mr. Knox? Mr. Knox: Yes, Mr. Krause requested that I seek to have the matter taken out of turn so that he could get back to work. Mr. Plummer: Is there anybody else here that is vitally affected or - so you're talking about one person? Mr. Krause has been known to be a crowd. Mr. KnoA: One high-priced administrator. Mayor Ferret Whenever you're ready to bring it up let me know. 5. STATUS OF PERMIT APPLICATION - BISCAYZ?E RECREATION FOR EXPANSI021 OF DINNER KEY MARINA. Mayor Ferret We're on Item "B", Mr. Manager. Mr. Gary: Mr. Mayor, at the last City Commission Meeting the City Commission requested information with regard to the status of the permit application for Dinner Key Marina which is the responsibility of Biscayne Recreation Manage- ment. In your package Item "B" is a cover memorandum from Cesar Odio to me with attached to it two status reports from Biscayne Recreation Development Authority Company, the first one states that they had anticipated submitting a permit application to the State on June 30th. We later received another letter from them stating that the applications would be submitted before July 20th. On July 20th they came to my office and I signed the applications and I have been told that applications have been submitted to the proper authorities. If there are further questions, we have Mr. Bob Traugott from _ Biscayne Recreation Development Company who is here at the request of the City Commission. Mayor Ferre: Okay, Mr. Plummer, this is an item you requested be placed on the agenda. Mr. Plummer: Yes, Mr. Mayor, the one thing I didn't hear, Mr. Gary, make it a little clearer for me, sir. I brought this matter up on the 14th was it or on the 9th? When did I bring this matter up? The 14th? Well, it is really immaterial. My contention at that time, and I was told that I was crazy, was that, in fact, no application had been filed. Now was I crazy or was I not? Mr. Gary: Mr. Commissioner, if I recall, I think you were told at that time that they had gotten a permit not from them but from staff eroneously. Mr. Plummer: :o I wasn't all wrong. Mr. Gary: Yes, sir. Mr. Plummer: Mr. Gary, my contention is still the same today as it was before. All right, sir? And it has been fortified by that statement. First of all let me state for the record because some people have a mis- conception. I want you tp know, and you should know I am all in favor of the expansion of Dinner Key Marina as quickly as possible so let's get that record clear. All right, air? My contention before and my con- tention still today is that the history says that we're going to be at best hard pressed to get permitting. We all know as the environmentalists not from Puerto Rico but from Miami that trying to get a permit to put a toothpick in the bay is almost impossible, it is almost impossible. The City of Miami has three times applied. Every time they have applied we have been turned down. Now, I see people saying no, no, no, maybe it's not three, maybe it's tpo. Mr. Dubbint I don't think you've ever applied. Mr. Plum:aert I know we have, Okay? And I'll take you the minutes back 10 JUL because I was here, Murray. The point I'm trying to make, and I will continue to make very simply, is that this Commission has approved a tremendous amount of work to be done, i.e. bonding counsel at $30,000, the engineering and all of that expense, and I'm not going to sit here because it's not my job, before the permits have even been applied for. It is putting the cart in front of the horse. Now I know that you have got to do certain things to make an application but the contention either from staff or from this podium was that that had been done. And for this Commission to go out with a possible 100,000 or $200,000 of expense, and we haven't even applied I think is absolutely crazy. Now that's all I've got to say. Mayor Ferre: Well, I think that as usual this Commission usually makes decisions by a majority of three. Mr. Plummer: And I abided by that. Mayor Ferre: And I think that this Commission has made a decision by the majority of three and I see no reason why this, I'd be happy once again to instruct the administration if it is the majority of three to pursue this quickly, forthwith without any more hesitation and without anymore stalling. Now, we have been waiting for five long years to see one shovel full of dirt moved and one pile driven to expand a marina which is obsolete, which has been obsolete for years, which we certainly can raise the moneys through the bond market to do, which is long overdue, we have gone through editorials, through criticisms galore, town hall meetings, Waterfront Board creations, Waterfront Board surveys, Waterfront Board challenges, and we have passed all of the tests. Yes, that whole process took two or three years so that everybody and his brother would have the opportunity to come and express his or her position. That has been done. The Waterfront Board has approved this. The Waterfront Board was a representative board that had environmentalists, it had the civic community, it had the Coconut Grove community, it had everybody. Now, I understand there is a question as to whether or not we get the permit first or we proceed with the drawings - for us to stall now until we get the proper environmental permits in my opinion is to stall this project another two years. Now, I've been Mayor of this City now since 1973, if you will look, when you walk outside there is a bulldozer next door that is hopefully putting up a restaurant. I started trying to get that restaurant seven years ago. It has taken us 7 years for that bulldozer to finally get that restaurant going. Mr. Plummer: That's not true, that's just not true. That is just not a true statement, Maurice. Mayor Ferre: Well, Plummer, five years. Mr. Plummer: No. The last two years, Maurice, is not this Commission's fault. Mayor Ferre: I'm not saying that it is anybody's fault in particular. Mr. Plummer: Oh, you said it's taken us seven years. Mayor Ferre: Us the City, the community, it has taken us 7 years, 5 years, whatever it is to get going in developing some of these things that are on our waterfront, the Montry Trainor situation is still floundering around on the Underwood property, the development of that restaurant is still flounder- ing around, finally after the lawsuits and what have you, the challenges, they're finally going underway. Thank God we got J. P.'s going, we've improved the Dinner Key Auditorium and in my opinion it is time for us to move along with Biscayne Recreation and assume the responsibility and get this marina underway and I haven't heard any further complaints about dock conditions or services in recent times, they've certainly been improved, the permit applications have been filled and permitting is in process and I think it is important that the City carry out the directions of the Com- mission and work and cooperate with the marina management in the efforts to serve the City and the marine people of this community. I think it is time for us to move. Mr. Plummer: I wholeheartedly agree with your statement, Mr. Mayor, I only take disagreement that we move in the proper manner. That is before you drive the car you get the Driver's License. All we have at this point is a Learner's Pera4it. Now you all do what you want but I want you to know that I'm on record that if that permit is denied and the some $150,000 of money that has been spent, I'll be around to remind you and I JUL 2 31981 hope that's not the case, but you know and I know at beat a permit from the corps of engineers is going to be difficult. Mayor Ferre: Mr. Dubbin. Mr. Murray Dubbin:• Mr. Mayor, my name is Murray Dubbin for the record, I'm an attorney for Biscayne Recreation Development Company. We're here to report the status of permitting and report such other matters as would please the Commission. Briefly, with us here are Bob Traugott who is the President, and Mr. Wendell Crowder who is President of Crowder Mahoney, the engineering firm that has been charged with the responsibility of pre- paring and drafting the permits for filing, the permit that your City Man- ager, the application which he signed the other day which is presently in process. The permits we're talking about are basically two -fold, one is an application for a construction permit which was filed with the Depart- ment of Environmental Regulation of the State of Florida and was simultan- eously filed with the Corps of Engineers. This is the permit application that Mr. Gary filed the other day. At the same time we concern ourselves with the question of a development of regional impact and we must find out from the State whether or not this proposed project is a DRI under the DRI Law. It is our belief and our hope that it will be ruled not to be a Development of Regional Impact as other marina expansions in the area have recently so held and our next immediate request will be a request to the Department of Community Affairs for a determination that this is not a DRI. If it happens to be held to be a DRI it would increase the time involved in the permitting process materially and increase the cost, I just found out that the South Florida Regional Planning Council has in- creased its application fees to $10,000 for a DRI plus the actual out -of- _ pocket expenses involved. So we could anticipate those additional expenses to be another 5 or $10,000. So if this is held to be a DRI the City of Miami will be faced with an additional 15 or $20,000 of expenses. So it is our hope and our belief that this project is not that type of project and that it will be so held. Now, we can answer any questions you'd like but I would like to make one statement. Mr. Plummer is accurate when he says that permitting at best is difficult. Everybody recognizes that. The permit application for the expansion of the Dinner Key Marina as far as I can see, and I've handled quite a few these, is a very clean appli- cation, there is no dredging involved, there is little or no, there is no or minimal if any disturbance of sea grasses, the work will result in minimal if any and if any only temporary disturbance of the land lying beneath the water. The land involved is owned by the City of Miami and it should be the type of project that with the support and with the com- bined efforts of the City of Miami and the Commission of the City of Miami and the administration of the City of Miami and the people of the City of Miami including the boating community as well as the other citizens of the City who will benefit, this is a very permissible, a very doable project. If, on the other hand, efforts to process are hampered, if there is no cooperation from the administration, if there is knit -picking attacks from citizens groups who may or may not be legitimate citizens groups harping and carping and knit -picking that will slow down the process. The point I'm trying to make is I think you've got yourself a good doable project that the City can be proud of and that it can accomplish within a reasonable period of time provided everybody works together. So the mess- age that I would like to bring to the C:immission is the request of Biscayne Recreation, who is your designated manager who serves the City and who is supervising the filing of this in the name of the City, please, for God's sakes work with us so that we can serve you better. That is the only thing I have to say, we'll answer any questions that you may have. Mr. Plummer: Murray, look, let me tell you, I want to pledge to you right now, sir, that when that application is filed that I as one Commissioner will go before the Corps of Engineers, wherever, to testify to please urge them to give that permit. Okay? I want you to understand that. Mr. Dubbin: I never doubted that, J. L. Mr. Plummer: All right, sir. The whole thing is timing. You know, two things stick in my mind: (1) I'll never forget Ted Hollo standing be- fore that microphone trying to get his approval for the marina of Plaza Venetia and the man told me that it had been a three year process and he had to go before 58 - I'll never forget the figure - 58 different boards, groups, authorities and whatever to get finally to this Commission. We've not gone to the first one. Whether you have 58 or 54 or 48 or whatever, it is absolutely assanine that yo ' got to do it. That's number one• JULr� n 12_ ; ,U� Then I pick up a paper the other day and I see Monty Trainor was putting in some replacement poles and, my God, all of the sudden in the paper I read that this man has committed the greatest moral sin in the world, he was putting in poles. okay? Now, I'm only saying I'm for the process, I'm for the expansion but there has to be an orderly process and to me the logical conclusion is that permit in hand before you go spending any other dollars. I'm all in favor of any moneys to be spent that is neces- sary to get you to that point and I realize you've got to go with a lot of stuff to the Corps of Engineers. But for us to start talking about doubling the size of the bond issue we talked about before, for us to hire bond counsels, we haven't even gotten a permit, much less. For us to be hiring an architectural firm, for all of that stuff to be done in advance I think is at best gambling and I'm not willing to gamble with taxpayers' money, it's pure and simple, it's timing. Mayor Ferre: I think we need to move along and I'd like to do this, Murray. J. L., if you feel that this is an issue that should have a full Commission I have no objections if that's what you want, waiting until Commissioner Carollo is present. Mr. Plummer: No. Mayor Ferre: Otherwise, I think the will of this Commission has been expressed and I would like a ratification so that the Manager is clearly instructed to proceed forthwith with architectural bonding counsel and the full nine yards to proceed. I might point out to my friend J. L. that when Ted Hollo applied for all those 58 pen►dts he had all of his architectural drawings, he had his financing preliminary worked out. Unfortunately we live in a complicated world. Ten years ago you didn't have to do any of this but today with the regulations that exist you have to go through all this permitting but for us to stop and not proceed at this point of our community life is to stall this project another two years. I thin if there is any reasonable doubt that this is going to be denied then I would say that perhaps we would have to consider that point but at this stage of the game nobody has come up with any reasonable ob- jections or doubt that any agency that has jurisdiction over the! City of Miami is going to stop us from improving this marina and the odds are overwhelmingly in favor of our getting the necessary permits as Miami Beach did to rebuild a worn down marina and, therefore, I think we must proceed. Mr. Dubbin: Thank you, Mayor, and one other thing I would like to point out, at the same time we're applying for permits we're also running a marina. We feel that we're running it well. We have cleaned it up, we have seen to it that it is painted, that it is trimmed, we detect that the people who are there are happy, there is some discussion about their dockage fees but aside from that.... Mr. Plummer: We heard that for years, Murray. Mr. Dubbin: I'm sure you have. Mayor Ferro: We're still under the average. Mr. Dubbin: We need help from the City administration and support from the administration in the day to day management as well and I would like that not to go unnoticed. Mayor Ferre: All right, thank you. Can we proceed now? Mr. Lacasa: Mr. Mayor, I got to this City Commission in January 1979 and at that time this situation of the Dinner Key Marina was going on and it has been going on for about 2 years before January 1979. For us to give an example of red tape and bureaucracy at its best, this has been the best example. So to continue along that path would be a disservice not to Bis- cayne Recreation or to the City Commission or to the City staff but to the City residents. So I would like to at this point move that we ratify the instructions that were given to the staff by this City Commission and tht we go ahead full speed without any further delays and that we instruct also the staff to fully cooperate with Biscayne Recreation to the point that we finally would have something worthwhile in the Dinner Key Marina. So if it is in order I would like to make a motion at this point that we ratify our previous position so there is no doubt. 13 JUL 2371981 Mayor Parrot is there a second? Father Gibson: Mr. Mayor,;2 second the motion and I cant to make this comment. I think more than any man on this Commission, I bear the burden of that marinal Do you remember when all those people came down here raising help I said to them, trust me, we're going to get it done? And you know what? I hope I don't die before it's done. I hope don't die before its' done. It's long over due. We are the greatest government, I just don't understand government. We just put off and put off, and hinder and hinder. And I hope for God's sake that we'll get this thing done right away. That's why I second the motion. Mr. Plummer: Under discussion? Mayor Ferre: Yes, sir. Mr. Plummer: Mr. Mayor, there is a big difference between Mr. Gould and the City of Miami. Mr. Gould was risking his own money. Mayor Ferre: You mean... Mr. Plummer: Private money. Okay? We are being asked to risk tax payers money, and I think there is a big difference. Father, I hope that you don't die before it's finished. My fear is your going to be buried at sea, right behind Dinner Key. Mr. Lacasa: you miseed that one because you don't do that kind of service so you missed that one. Father Gibson: Let me make a further comment. It seems to me, it seems to me that we of this Commission have an affirmative responsibility to say to all these agencies, doggone it, we want you to get about the business. Now, I get very, very upset with government that continues to put off, postpone, duck out, and pussyfoot about things that ought to be done forthwith. And whereas sometimes just one single word will cut through a lot of red tape, and I hope the administration of this City will not adopt an attitude of hinder, postpone, and get in the way. If I ever find out, I'm going to be up here raising eternal hell. Because I just believe that private enterprise can't tolerate the kind of thing we do. When we're in the midst of things, we say, well, the tax payers going to pay for it. If it was our own, we wouldn't go to work and lose that kind of money and lose that kind of time. Let's go one step further. If we had gone on as we should have gone on, long ago, remember, you didn't pay 14% on the dollar if you borrowed it then. God knows if you can get it for 14Z now, you have to rejoice and thank God. And I hope we will move ad pronto. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION No. 81-648 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED WITH ARCHITECTURAL DRAWING PLANS FOR FINANCING PROPOSED BOND ISSUE AND ALL OTHER NECESSARY PRELIMINARY STEPS TO EFFECT THE EXPANSION OF DINNER KEY MARINA; FURTHER INSTRUCTING THE CITY MANAGER TO COOPERATE WITH THE REPRESENTATIVES OF BISCAYNE RECREATION SO THAT THIS MAY BE ACCOMPLISHED AS EXPEDITIOUSLY AS POSSIBLE (CONTINUED ON NEXT PAGE) 14 JUL a i s 106n bnithg setoaded by Commiusiottat Moon, the Motion 'BAN 0186sd ohd adopted by the following vote'. AY85: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson, Mayor Maurice A. Ferre err NOES: Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Joe Carollo ON ROLL CALL: - Mr. Plummer: My vote, I've already explained. It's putting the cart before the horse. I vote no. Mayor Ferre: Let me, in voting, give an explanation. There are many projects where expediency requires for there to be any success for a government to take a calculated, but reasonable and conservative risk. For example, we are now drawing up a building which is the parking garage building that is being drawn up and designed by I. M. Pei, with a building on top of it. Now, at this stage of the game, since it has not been totally finalized, that is a risk that the City of Miami is taking. But, in the interest of moving forward and getting that parking garage built and finished within a certain reasonable time frame, we have moved along even though at this stage of the game we may have to go back and get a DRI from the State on that particular project. Now, there are many cases when a government in this complex world that we live, in 1981, must do these things. It is a calculated risk, but it is a decision that we must make. And not to make this decision is to further stall something which I think the majority of the people, other than those that are self serving who want for one reason or another, and I'm not referring in any way to you, J. L., or anybody else, but I'm referring to the people who are tenants out there, or people who have other interests that might be self serving. The only poeple that I know of that really want to stall this project. I don't think we can afford it. I think this is something that this community has been wanting for a long time, and therefore, I vote yes. And that, Mr. Manager, is a mandate to you, once again, that I hope will not be in any way challenged, or in any way cut by hesitation or doubt. That the majority of this Commission wishes you to contract with architects, to contract with engineers, to contract with legal forces to get the bonding people ready, to gear up the whole mechanism of government, and whatever way is necessary to get this project underway. Mr. Gary: Mr. Mayor, we will comply with the directive of the City Commission in getting this project done. However, I do take exception to the comment about the cooperation from the administration. I would assume that we have been cooperating with Biscayne Recreation and Management, and we will continue to do so. Mayor Ferre: Any further discussion? I think that takes care of "C" too, doesn't it? That takes care of "C". F6.DOWNTOWN PARK SYSTEM AND POLICY GUIDELINES THORIZE ISSUANCE OF R.F.P.'S FOR ADJUSTtiENTS AND POSSIBLE -USE OF BAYFRONT PARR AUDITORIUM 1 Mayor Ferre: So we're now on "D" which is status of the downtown Bayfront-Park System, and discussion of policy guidelines. Mr. Reid. All right, Mr. Manager, are you ready to proceed on item "D"? Mr. Gary: Yes, sir. I'd like for Mr. Jim Reid to present the policy statement for Bayfront Park. Mr. Jim Reid: Mr. Mayor, members of the City Commission, items number "D", "E" and "F" are really inter -related. So I'd like to talk about them as a package, if you will. And here with me this morning is Carl Kern, Director of the Parks Department. Roy Kenzie is in the audience, whom who are locating right now, and also Hilario Candela. And these three subjects are all related to the development of our downtown Bayfront Park System. We really want to talk about three items with you. All togetter, yes, sir. Mr. Gary: Excuse me. Mr. Mayor, he's going to talk about "D", "E", and "F" together because they all relate. Mayor Ferre: I have no objections. Mr. Reid: The first point, Mr. Mayor, relating to policy development, we soon will have under our control, the public ownership of this entire waterfront area. So, one of the things that we think is important as we go about developing it probably over the next decade, is to have a set of City policies that are established to guide this development process. And we have, in item number "D", suggested that policies are needed to link the City, the Bayfront Park System and the bay. For example, the whole idea of narrowing portions of Biscayne Boulevard and removing parking from the center so that it is easier to get access to the Bayfront Park. The idea of putting the People Mover, as you have agreed to in the Park System. The idea of putting additional parking adjacent to Port Boulevard, which would be, in a sense, buffer the port traffic but provide parking resources for people who want to use the park system. All of these policies we feel ought to be adopted by the City Commission, and then fleshed out with specif action items. We feel that there...... should be a link, a linear link through the entire park system so if you start out at Miami Centor I and the Gould Development, you can by bicycle or walking all the way to 3-95 in a continuous pedestrian and bike pathway. We think there should be facilities to accomodate major events in the park such as the Noguchi Auditorium, and possible a renovated Bayfront Auditorium. That kind of thing. And there should be on -going activities in the park. Somthing that. happens 365 days of the year. Something like the Miami Marina Commercial development we're going to be talking about later today, and the Maritime Museum. And finally, we think there ought to be urban design limitations in terms of what happens here so that we don't create canyons in terms of development on the other side of the boulevard. And so that the bay views and bay access is preserved. So, the first point is that we feel that there ought to be a set of development policies for the entire bayfront that this City Commisiion would adopt, and our procedure for that is to take these policies to the Planning Advisory Board first, have a set of public hearings, and then to come to you for adoption of policy. So, that's the first item we wanted to talk about. Mr. Plummer: And I congratulate you for using that process. Mr. Reid: The second item relates specifically to the Miami Marina Complex and the areas adjacent to that. I wanted to pass out something from the: City of Baltimore that appeared in Life Magazine about what's happening in 16 Ju 4 �. 1981 Mr. Reid (continued): their waterfront. And this relates to item number "Fi' 4 is in that memorandum. Many cities, Baltimore, Boston, San Francisco, San Diego have really been sucessful in terms of encouraging extensive commercial development adjacent to their waterfront. This is basically in low rise structures which have in -door and out -door restaurants, eating places, in -door boutiques, and speciality shops. That kind of thing. We feel, and this has been a position that's been adopted by the Downtwon Development Authority by resolution. Its been endoresed by the New World Action Committee that the potential exits for development of this type to take place adjacent to the Miamarina. And what we would like to do is to j.�velop over the summer, request for proposals, that we would come back and &hare with this Commission in terms of the specifics, and then issue it probably some time in September. And this is... request for proposals is based on two assumptions. One, that we feel that the market in downtown Miami in this particular location is such that by simply providing the land under reasonable lease terms, that a developer could come it, at his expense, and develop this kind of facilities. We'd not be talking at this stage about revenue bond issues to facilitate the private development, number one. And number two, we do feel that the scope of the project even though it would be something in the neighborhood probably of 130,000 to 150,000 square feet could be accomplished on 3 acres or less. So we're not talking about a real large scale section of waterfront use. This particular development, Harbor Place, gets visited by about 100,000 people every weekend. A similar development in Boston is a major tourist attraction. So you may recall, particularly Commissioner Plummer, when we came in some months ago with the police stables idea, and theres been some work done on it and so forth, you said, you know, don't come to us at this stage of work, come to us first and talk about'the idea. So we're here to talk to you about the desirability of developing and RFP that would be issued for a specified site adjacent to Miami Marina and which, in which the offering to the developers would require them to do the feasibility study, in effect, the initial design plan, to come back to this Commission before we would go into the next phase of development. Mayor Ferre: Do you have a resolution to that effect? Mr. Reid: I do not have a resolution, Mr.Mayor. Mr. Plummer: Tell me again now, what development are you contemplating? Mr. Reid: We're contemplating probably a development of the magnitude of coverage of 3 acres, and of say 30 or 40 feet high, commercial development, additional restaurants, additional shops and boutiques, markets, a very urban oriented specility center. Mr. Plummer: And where are you proposing this? (INAUDIBLE RESPONSE. MR. REID STEPS AWAY FROM THE PUBLIC MICROPHONE) Mr. Plummer: Well, the immediate problem, Jim... Mr. Reid: Land that is now occupied by parking spaces. Mr. Plummer: That's the immediate problem. There's not ample parkijng there now and what... if you're.gbing to build on top of a parking lot, you know, it's nice to think that it's accessible by pedestrian foot, and you know, that argument has been used here before, but the question still remains that whatever it is, today there's not adequate parking down there. Now, what are you going to do about ugly monster called an automobile. Mr. Reid: I think they're several options, Mr. Commissioner. One is to really tie the development in at a second level in the current walkway system of Miami Marina`and,to allow one structure, level of structured parking on the existing site. The second option... Mr. Plummer: Well, but wait a minute now, is that parking lot you're going to build incorporated in the 3 acres? 1'7 JUL 2 31981 Mr. Reid: It would` it would be, in effect, the request for proposals would require the developer to come up with a scheme that replaces the existing parking, and provide the additional parking that would be necessary to support the specialty center. Mr. Plummer: Well, I can't agree with that theory, because if we use history, as Father says, to guide the vay of our future, let's vividly recall that we tried to pull that caper in the commercial portion of Bicentennial for a restaurant and, let me tell you, it was very quickly that we found out when the people came here and said we're going broke that there was no parking. And we wound up eating up more of the property for parking. Mr. Reid: I think that's a valid point, Mr. Commissioner, and I think that one option for parking exists immediately in terms of increased parking, and that is the land in front of the Bayfront Auditorium and to the other side of the street in the F.E.F. property. That is immediately adjacent to the Port Boulevard. The Mayor this morning, and the Commission were talking about the tremendous increase in port business and the $10,000,000,000 volume export and so forth. That is very much an economic benefit to this City. It is also creates a condition where there is a lot of traffic on Port Boulevard, truck traffic, vehicular traffic. So I think that in the future, and one of the possibilities is to tuckin in adjacent to the improved Port Boulevard and new bridge. some additional parking. It is well landscaped, well buffered interms of how it relates to the existing park area. But in effect, helps to buffer this negative enviornmental feature, the port traffic. Mr. Plummer: Jim I have been all through Ports of Call in Los Angeles. All right? And I think it is a fantastic little village concept. I think it's great. Okay? But I am sick and tired of every time I turn around, we're eating up more. of Bicentennial and Bayfront Park with parking. Now, I want to tell you, I like your concept. I'm all in favor of it. But I will not vote to go to an RFP until you have satisfied for me what you're going to do about parking. And me, is not the answer that you're going to eat up more park. Now... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Excuse me? No, I'm not going to leave it to the discretion of a developer. Mayor Ferre: Mr. Reid. Mr. Plummer: I want to meet. You have got to satisfy this Commission of the... remember, you're going to put 3 acres of commercial. Is that what you're proposing? Mr. Reid: Yes. Mr. Plummer: You're talking about 10-fold amount of cars that are there today and there's not adequate parking. Now, to me, when you come before this Commission, and you say, Mr. Commissioner, okay, here is a plan. It will work. And this Commission agrees with you, then I think we ought to go to the RFP. But if this point, the only thing I see is eating up more park. And I would have to be opposed to such. Mayor Ferre: Mr. Manager, Mr. Assistant City Manager, and my colleagues on the Commission. Here we go again. Behold the turtle who makes progress only when he sticks his head out. Cities... Mr. Plummer: And makes good turtle soup. Mayor Ferre: Yes, but cities are like turtle'e. And we have gotten where we are in the paapt decade because we've stuck our necks out. 'We wouldn't have knight Center today if it weren't for the City sticking its neck way out. There are a lot of things that wouldn't be happening today if the City had not bad the courage to progress. Now, this is not a village anymore. This is not the village of Miami, this is not the Village of Coconut Grove. There are many who would like for it to remain as a village. � JUL 2 31981 Mayor Parts (continued)t That's impossible. You cannot have a seaport exporting, as we said this morning, $10,000,000,000 worth of products, have over 100 multi -national corporations in this community, over 70 international companies banks and ad-junct banks, and remain what we were 20 years ago. We now have an opportunity. We are behind schedule in that opportunity. The opportunity is to enduce, entice, or whatever you wish to call it, people like the Rouse'fcmpany who went to Boston and did Faneuil Hall, who went to Baltimore and did harbor Place, to do what San Francisco and other waterfront communities have done. Now, we have been at this also.. I might remind you, for more than a decade. I might remind you of Edward Durrel Stone's plan. When I left the Commission in the year 1969, we were talking about an historic village in Bayfront Park. There was an outcry. Everybody was against it. The editorials started to flow. Gloria Calhoun came protesting. We had 10 meetings here. What happened? Nothing. Then, to and behold, Interama also went down the drain. And I had the unfortunate vision of perhaps taking the historic village, and getting the Interama project for a theme park, and Watson Island seemed like a logical place for it. That has been, thats taken 8 years and it's 90% dead at this point, if not 98% dead. Now, here we go again. We're trying to do something in a positive creative way. What are we trying to do? The administration, the DDA, the business community in downtown, the people that have an interest and an obligation to try to make some sense out of this. Marty Fine, the Chamber of Commerce, a student from the University of Florida who was commissioned to do a ... this isn't one, this is a whole series of people. They have said, you have a project called Miami Marina and it is not successful. We have not had success. Al Parker designed it. But Al Parker did not guarantee its success. The restaurant has had nothing but problems. We have an underused piece of property. It is asphalt now. That pier that sticks out beyond Miami Marina into the bay ��aahi h is all filled land is a monstrosity. It is asphalt and concrete and ell it does is it parks cars in the most beautiful and the most valuable piece of property in Dade County. And that is a sore finger. Look at it. It's a sore finger. It sticks accusing this community of not having any vision. That's what that is. That's a finger made out of concrete and asphalt that is accusing us for not having the vision to do something like Boston, and like Baltimore and everybody else has had. We brought an important artist in this community. One of the few living people in the range of a Picasso or a Henry Moore. His name is Isamu Noguchi. When Noguchi saw this he said, my God, you've got to do something about this. So it isn't only the local people and the business community. The architects, ask Bill Cox, and Pauley, what's his name? Charles Pauley who is the head of the local chapter of the AIA. They are extremely anxious to get going on this. This is the architectural community who in favor of this. Now, what they're saying is we don't know what it is that we want in particular, in this particular area. But we want to let the private sector come to Miami -and look at this and recommend since they have experience, expertise, and they have done this before, let them look at that asphalt strip of concrete and asphalt that wraps around Miami Marina. And of course, we're. going to put specifications. We're going to say, for example, that you cannot touch the parking, that we may need additionail parking. We're going to say that they're going to have to look at Port Boulevard for a resource for parking because that needs to be improved anyway. So perhaps that might be the area where we have backup parking. We're going to say to them, I would hope, that nothing can be built more than 40 feet, or whatever the height than Miami Marina is. That nothing can be higher than that. These are the general specifications which I would hope that staff would come back with, recommend to this Commission, and then we would put an RFP and let these people come back'and give us a vision of what this under utilized and underused p;oper can be. Beyond that, I think we can get into the process of deciding what we want. I'm sure we're going to have to have public hearings, I'm sure for any idea that comes up, typical Miami. There'll be 10,000 people that are against without one constructive idea of what we should do. Everybody is.against everything. But, we will prevail and something will come out of this, hopefully this time. The fact that we've been knocked down 10 times in the past doesn't mean that we're not going to get up, dust ourselves and go at it again. And as tar as I'm concerned, I think that this is the right time, and the right place. Perhaps this time we can get something reasonable underway. 19 JUL 2 31981 Mr. Pluwaer: Mr. Mayor... Mayor Ferre: J. L., let's give everybody else a chance and then I'll come back and recognize you for the rebuttal and then we'll go on. Mr. Plummer: Surely, sir. Mayor Ferre: Father, and Armando. Mr. Lacasa: Mr. Mayor, my position on this is very clear and has been very consistent all along. I do believe that the City of Miami has been very remiss in using its better potential which is its waterfront. It's really pitifull to see how we have forfeited the possibility of using this waterfront in the same fashion that cities like San Francisco, and Boston, very recently, has done. So, I, for one, believe that this particular piece of property which is the most valuable that we do have in the City of Miami, should be developed. I like, basically, this type of proposal that has been submitted to us now, and I am very willing to support. So that's it in a nutshell. Mayor Ferre: Plummer. Mr. Plummer: Mr. Mayor, the only comment that I make, here again, I find mvself in a vosition of what I would really love to see of Ports of CAll in Bicentennial Park. You might recall, Mr. Mayor, when I came back from L.A. that I tried to generate interest here in this Commission to establish maybe in Bayfront Park, maybe on Virginia Key, but it is a very unique concept. This Commission did in fact, history will show, stick its neck out of the turtle when we built the restaurant...not the restaurant, the pavillion in Bicentennial Park, with the administration urging to do so without parking because it would be pedestrian. Okay? It was not but about a year that we had to give up an acre of that park because we had already built the facility, and nobody was using it. And the hue and cry was no parking. I'm saying to you, before you put is back into that position, tell this Commission how you're going to rectify that problem. Do not let us make a mistake when we already know history. You come back to me and say to me, Mr. Commissioner, here is a proposal that we feel will eliminate the problem that could be created by parking. I'll vote with you. But I say you must address first things first. We know what the problem is. You must address. You have not addressed it. And I think it's unfair to this Commission to ask us to vote on a project that the problems have not been resolved on. That's all. Mr. Reid: Commissioner, let me clarify the nature of our request. The only reason we're here today is to get your feedback in terms of developing an RFP. And I think the concern that you have, how the parking issue is to be addressed can be dealt with in the context of the requirements of that WT. Mayor Ferre: Precisely. Look, yes, sir. Mr. Lacasa: Mr. Reid, will a motion by this...resolution by this Commission instructing the administration to follow-up with the RFP be in order? Will that help you at this point? Mr. Reid: Yes, Commissioner. Mr. Lacasa: Okay. I so move, that we instruct the administration to continue these plans along, and move along with the RFP recommendation. Mayor Ferre: There's a motion and a second. Further discussion? Call the roll. 20 JUL 2 31981 The following motion was introduced by Commissioner Lacasa, who soved its adoption: MOTION NO. 81-649 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO ISSUE REQUESTS FOR PROPOSALS FOR PROPOSED IMPROVE- MENTS TO BAYFRONT PARK AND BICENTENNIAL PARK AS QUICKLY AS POSSIBLE AND AGREEING IN PRINCIPLE WITH MODIFICATIONS WHICH WERE SUBMITTED TO THE COMMISSION BY STAFF ON THIS SAME DATE; SAID CHANGES TO ALSO INCLUDE A POSSIBLE REUSE OF BAYFRONT PARK AND THE MIAMARINA AREA Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Terre NOES: None ABSENT: Commissioner Joe Carollo FOLLOWING ROLL CALL: Mayor Terre: I think it's very important to put this on the record. Look; we all, you know the saying we have around here all the time. Everybody wants to go heaven, but nobody wants to die. If we want to be like San Francisco or better, then we've got to understand that we've got to do these things. Now, everybody wants marinas in southern Florida. But every time we start talking about letting the private sector develop marinas, there is a big cry out against it. We sent commissions to California. Do you know what happend when those peopel came back from California? They said that 80% of the marinas in California around the Los Angeles area are built on public property belonging to the community. And what they do is they lease it for 30 or 40 years, let the private sector build the marinas and run them. Why? Because marinas are better built and run by the private sector. Governments don't know how to do these things. These are complicated things. We're better off doing it that way. Now, that's a principle. I was looking at the Daniel Report of Dallas, Texas. Do you know what they're saying? Dallas, Texas says the reason why Dallas is a healthy city is because it is a city where the public sector cooperates with the private sector and we get things done. What do you think Knight Center is all about? If it hand't been for use going to the private sector and getting and RFP, and getting ... and we had troubles with it. Don't you remember we had Mr....what's his name? Hyatt? A.A. Pritzker. Don't you remember? And the Herald really bit into Mr. Pritzker and he went off in a huff, and then he went off and did the New Orelans Super Dowm. Eventually we ended up getting Hyatt anyway. But, we went through that whole process. It took years. That was the private sector. That's how we got off the ground on it. That was an REP. All of these things require this type of a move. We can't deny it. You know, lastly, let me just say that there's a great saying that we should really have embossed on top of these Chambers. And it comes from the Ethtics of the Fathers. I'm not Jewish, but this is one of the great sayings of the Jewish religion. It says, it is not necessary for you to finish, but neither are you free from beginning. We must begin. And this is a beginning. Time, and time and time again, we must begin. And I vote yes. FOLLOWING ROLL CALL: Mr. Reid: Mr. Mayor, the third part of the... and this is item "E" actually, that we want to discuss with you this morning is the status of the 21 JUL 2 31981 Mr. Reid (continued): Adaptive Use Study of Bayfront Municipal Auditorium. Mayor Ferre: Mister ... I think, since you said that this was "D", "E" and "F", so, if you want to advise us further, you go ahead. But the motion covers everything. Mr. Reid: Well, fine. The only —Just let me make one comment. Mr. Plummer: Excuse me. For the record, I would like to hear "E" before I vote on it. Mayor Ferre: Well, for the record, Mr. Reid, when he began, said I will address myself simultaneously to "D", "E", and "F". Mr. Plummer: I think the puotion...would you read back the motion, please? Mayor Ferre: In reference to what item. Mr. Plummer: The motion cue just voted on. Mr. Ongie: It was announced by the Manager that we were addressing "D", "E", and "F" simultaneously. Correct, Mr. Gary? Mr. Plummer: Would you read back the motion? Mr. Ongie: The motion, as I would write it, would be instructing the City administration to issue RFP's as soon as possible for adjustments to Bayfront Park and Bicentennial Park as recommended in documents presented by the staff to the City Commission this date, which would include the reuse of Miamarina and the reuse of Bayfront Park Auditorium. Mr. Plummer: Well then, Mr. Clerk, I will ask you to play back the tape. I will tell you that that was not Mr. Lacasa's motion. Mr. Lacasa's motion was simple. Now, I think we ought to hear "E" and what they're proposing before we vote on it. I can't envision anybody wanting to vote on what's going to happen to the auditorium, because we've not even discussed it. Mayor Ferre: We're not deciding that today. All we're... Mr. Plummer: But we've not even discussed it, and you're saying that we passed it. Mayor Ferre: Sir, I am saying that the motion that Lacasa made was in reference, as I understood it, to the whole spectrum of Biscayne Park. Everything from tip to tip. And he said, go out for RFP's, come... Mr. Plummer: You're talking to the RFP. Mayor Ferre: Of course. Mr. Plummer: Mr. Mayor, I'll tell you what. You all go ahead and you do what you want. I have not heard "E", one mouth full of discussion from this man, and you're telling me it's approved. Now, I'll just register my negative vote. I vote for to go to the RFP on the marinas. I did not vote on thr auditorium because I haven't heard a word. Now, you all want to vote on something you haven't heard. Be my guest. Mayor Ferre: Mr. Reid, go ahead. Mr. Reid: On the auditorium, and Mr. Candella is here as the consultant to the DDA on the... Mr. Plummer: That's not important, Mr. Reid, they've already voted on it. Why discuss it? Mayor Ferre: Proceed, Mr. Reid. Mr. Plummer: I can't believe this. 00 22 JUL 2 31981 Mr. Reid: The...I'm trying to...in terms of item''', excuse me, item "E"t the Adoptive Use Study of Bayfront Auditorium, there are really two comments. Number one, there has been a study prepared and it has been provided to the Commission by the firm of Ferandino, Grafton, Spillis and Candela, suggesting 7 possible alternative uses for the Bayfront Auditorium. They did not make a recommendation in terms of these alternatives. What the administration is suggesting is that before making a decision on which alternative to pursue, we should issue the RFP... Mayor Ferret Precisely, Mr. Reid: ...on Miamarina and provide this report to the respondents of the RFP so that the 7th alternative, in particular, that is private development of the auditorium and linking it into the marina could be fully evaluated before we go forward with any of the other alternatives under this study. Mr. Plummer: Then I have no problem with that, sir. Mr. Lacasa: So actually, basically, what we are doing is asking you to continue, we are not approving anything. We are just asking you to continue so eventually we will have before us final plans which we'll then either approve or disapprove. At this point, what we're doing is expediting and requesting from you to continue the comprehensive plan of the development of the Bayfront Park. Mayor Ferret Precisely. Mr. Plummer: Fine. Mayor Ferret And by the time we're finished, J. L., we'll have a public hearing, I'm sure we'll have 10 public hearings. I'm sure that there will be all kinds of controversies. For example, I'll tell you that I, for one, am for tearing down that auditorium. I really am. I think it's time for us to put a bulldozer and tear it down. But... Mr. Lacasa: But Mr. Mayor, what I think is that it will be useless to enter into the discussion of those specifics at this particular point... Mayor Ferret Precisely. Mr. Lacasa: ...because the administration is not ready yet to provide us with this proposal. The only thing that we can do is to express the will of this Commission to the administration in the sense that we want this Bayfront Park to be developed in a comprehensive way with an interaction, and this is all we're doing at this particular point. Mayor Ferret Precisely. Any disagreements from anybody at this time? UNIDENTIFIED SPEAKER: I'd just like to ask a question, please? Mayor Ferret Would you tell us your name, for the record. Mr. Ernie Fannato: Ernie Fannato, President of the Tax Payers League, Miami and Dade County. Mayor Ferret Mr. Fannato, we're always honored with your presence here. Mr. Fannato: Mr. Reid, you know, through the Chair, I'd like to ask Mr. Reid. We're going through a development here, and you're recommending in the planning stage and so forth. What is the approximate cost going to be to the City in the first stages? Mr. Reid: It's our intent, in this particular instance, Mr. Fannato, that the City would enter into a lease to provide the land and that the entire cost of the development would be borne by the private sector. And they would, of course, pay taxes. The•comprable cost to the private sector for that development in Baltimore was $18.000,000. And it is an important generator of activity and taxes to the City. Q3 JUL 2 31981 Mrr pannato: But in your stage of first planning... Mr. Reid: So at this point, we're not suggesting any... Mr. Fannato: No, I'm talking about the planning and the development of the project before you get to that. How much is that going to cost? Mr. Reid: Again, in the memorandum, we've suggested to the City Commission, we're suggesting that the private developer do the first stage, the planning stage in terms of economic feasibility and design schematics, at their own risk, the selected developer. They pay for that. Then we decide, based on those plans whether we want to go ahead or not. If we decide... Mr. Fannato: In other words, we don't have any cost? We don't have any... Mr. Reid: We have no cost other than preparing the RFP and making the selection. And we have... Mr. Fannato: And approximately how much is that going to cost? Mr. Reid: Just the staff work. Mr. Fannato: How much will that cost? Mr. Reid: Probably in the magnitude of $5,000 to $10,000. Mr. Fannato: Sounds all right. Mayor Ferre: Further discussion? 7. DISCUSSION OF DEVELOPME14T POLICIES OF PROPOSED FIRE/RESCUE BO11D PROGRAM (See Later Same Meeting) Mayor Ferre: If not, we're now on item "G". At 11:00 o'clock we must break to open up bids. So, Mr. Clerk, for the record, what time is it? It's 3 minutes to 11. Mr. Clerk, will you let us know when 11:00 o'clock comes around? Mr. Ongie: Yes, sir. Mayor Ferre: We're now on item number "G". Mr. Manager. Mr. Gary: Mr. Mayor, members of the City Commission, we have prepared a plan to issue $21,000,000 worth of fire fighting bonds. As you are quite aware, with the sale of the bonds, hopefully today, we will not have any more bonds to improve our fire fighting operation. We submit to you a proposal which includes everything from helicopter for highrise apartments to relocation of station to provide better fire services for our community. And at this time, I'd like for Chief Brice to give you an overview of the proposal. Mayor Ferre: All right, Chief. Chief Herman Brice: Mr. Mayor, Commissioners... Mayor Ferre: Yes, sir. Chief Brice: The Miami Fire Department, as you are well aware, has ` always been one of the top rated departments in the country. That goes for two reasons. One is the personnel that we have, and second is the equipment that we have to work with. We have proposed here a 5 to 7 year capital plan which takes into consideration primarily the 44 JUL 2 3 J981 A 1 t thief Brice (continued): replacement of fire fighting and EMS equipment# and the buildings and fire stations that go along with housing them. t Mould be happy to answer any questions that you might have regarding the proposed issue. Mp. Lacasa: Chief, I think that the performance of the Fire Department speaks for itself. Thanks to your department, the City residents enjoy the fact that our, not only our streets and our properties are safe, but also the fact that we do enjoy the best insurance rates as far as premiums are concerned. The safety that you have provided to us, the services of the rescue... Mr. Ongie: Mr. Mayor, excuse me, it's 11 o'clock. Mayor Ferre: Chief, we'll have to take this, if you'll sit down, we'll be back with you in a moment. 6. OPEN SEALED BIDS FOR SALE OF $9,150,000 GENERAL OBLIGATION BONDS This being the date and time advertised for receiving sealed bids for the sale of fire fighting, fire prevention and rescue facilities, housing and storm improvement bonds, the Mayor announced that the City Commission was now ready to receive sealed bids: The followng resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-650 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE UNDER RESOLUTION NO. 81-625 FOR THE SALE OF $1,750,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, $4,400,000 HOUSING BONDS AND $3,000,000 STORM SEWER IMPROVEMENT BONDS 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: Citibank City National Bank of Miami Bache QU J 9. APPROVE OFFICIAL STATEME17T FOR BONDS OF THE CITY DATED AUGUST 19 1981 AND RATIFYING THE PRELIMINARY OFFICIAL STATEMEI� DATED JULY 10, 1981 Mr. Gary: I'm sorry, Mr. Mayor, we need item 10(b). A resolution. Mayor Ferre: Is that a resolution. Mr. Gary: And 19(a). Mr. Plummer: I don't have a 10 (a) or (b). Mr. Gary: It's all in section 10. Mr. Plummer: Mr. Gary, I have ... is that on the supplemental? Mayor Ferre: No, no. It's part of the main package. Mr. Plummer: What is it? What is 10(b)? I don't have it. Mayor Ferre: 10(a) is a resolution approving the Official Statement for the bonds of the City of Miami, Florida, dated August 1, 1981, and ratifying the Preliminary Official Statement dated July loth, and its distribution by the Acting Director of Finance. In other words, this is the red herring. Right? Mr. Gary: Yes, sir. Mayor Ferre: Are we ready to go on that? Has Peat Marwick and all the auditors and everybody... Mr. Gary: And the financial advisors. Mayor Ferre: ...done all the work, and all the lawyers are okay on it? Mr. Gary: Yes, sir. Mayor Ferre: We don't have any pending problems with the union or anybody else? Mr. Gary: No, sir. Mr. Plummer: This relates to "G"? Mr. Gary: This relates to the bids that were just opened. Mr. Lacasa: Mr.'Mryor, I move for approval. Mayor Ferre: All right 10(a) has been moved. Is there a second? Mr. Plummer: I second it. Mayor Ferre: Seconded by Plummer. Further discussion? Call the roll. JUL 2 31981 G The following resolution was introduced by Commissioner Lacasa, who mowed its adoption: RESOLUTION NO. 81-651 A RESOLUTION APPROVING THE OFFICIAL STATEMENT FOR THE BONDS OF THE CITY OF MIAMI, FLORIDA, DATED AUGUST 19 1981, AND RATIFYING THE PRELIMINARY OFFICIAL STATEMENT DATED JULY 10, 1981, AND ITS DISTRIBUTION BY THE ACTING DIRECTOR OF FINANCE (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 J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 10. EMERGE1iCY ORDINANCE: PROVIDE FOR HOLDI14G OF SPECIAL BOND ELECTIO11 Ill THE CITY ON 14OVEMBER 3, 1931 Mayor Ferre: We are now on item number "G" again. Mr. Lacasa: All that' left to do on "G", Mr. Mayor, was to make a motion, which I am making now for the approval of the issuance of the bonds. So I move. Mr. Plummer: Well, that's not what you're doing. What you're in fact doing is that you're moving that it be offered in a referendum. Mr. Lacasa: That's right. Mr. Plummer: There's a big difference between issuing and having voter approval. Mayor Ferre: Well, legally je can't issue it. What he's saying is to put it on the November ballot. All right, there's a motion then on item "G", and seconded by Gibson. Is there a number on this in the afternoon agenda? Mr. Knox: Numbers 1 and 2 refer to this matter. Mayor Ferre: All right take up ... let's do it specifically on item 1. Is your motion item 1, Mr. Lacasa? Mr. Lacasa: Yes, I move. Mayor Ferre: All right, there's a motion by Lacasa and seconded by Gibson on item 1. Is there further discussion? All right, as I understand it, this is an ordinance. It is already passed 10:30 so ve're within the appropriate time. Read this emergency ordinance. 27 JUL 2 31981 0 tv; Mr: Plumer: Mr. Mayor, my only problem with this is that it doesn+t contain.,, you know, these issues have always got to be sold to the public, and inform them. And that we find nothing on the agenda of a provision for an allocation of dollars to do the program of education. Mayor Ferre: He's right. That's something we need to do. Mr. Plummer: Very definetly. Mayor Ferre: He's absolutely right. Well, I'll accept a motion on your part then, after we pass the ordinance. Mr. Plummer: Well Mr. Mayor, this is an ordinance, and it's going to have a second reading, I assume. Mr. Knox: No. Mayor Ferre: No, it's an emergency. Mr. Plummer: All right. Well, just, I hope ... you see, now we're going to lose 6 weeks. Mr. Gary: Can we get a motion of intent in terms of the monies needed, and just allow me to allocate it. Mayor Ferre: But what we have on the floor now is the ordinance itself. After that, I'll recognize Commissioner Plummer for the purpose of making a motion in that sense. All right, read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: All right, is there further discussion? Call the roll, please. AN ORDINANCE ENTITLED AN ORDINANCE PROVIDING FOR THE HOLDING OF A BOND ELECTION IN THE CITY OF MIAMI, FLORIDA, ON NOVEMBER 3, 1981, WITH RESPECT TO THE ISSUANCE OF $21,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS; PROVIDING THAT THIS ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON ITS PASSAGE; AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson 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 J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rov.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo (CONTINUED ON NEXT PAGE) Whereupon the Commission on motion of Commissioner Latasa and seconded by Commissioner Gibson, adopted said ordinance by the following =` votes;: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa,;; Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 9295 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. 11. EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE, SUBJECT TO BLECTIO11 $21,000,000 BONDS OF THE CITY OF UTAt.I FIREFIGHTING, FIRE PREVENTION AIM RESCUE Mayor Ferre: Now, item 2. Lacasa moves. Is there a second? Seconded by Gibson. Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF $21,000,000 BONDS OF THE CITY OF MIAMI, FOR THE PURPOSE OF PAYING THE COST OF FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES, INCLUDING THE CONSTRUCTION AND RECONSTRUCTION AND IMPROVING OF FIRE STATIONS FOR THE CITY OF MIAKI, ADMINISTRATION BUILDING, OTHER STRUCTURES, EQUIPMENT, VEHICLES AND COMMUNICATION SYSTEMS REALTED TO THE TRAINING, ADMINISTRATION AND OPERATIONS OF THE FIRE DEPARTMENT IN THE CITY OF MIAMI AND THE ACQUISITION OF ANY NECESSARY LAND AND EQUIPMENT RELATED THERETO; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE, AND PROVIDING THAT THIS ORDINANCE SHALL TO INTO EFFECT IMMEDIATELY UPON ITS PASSAGE, AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson 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 J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre (CONTINUED ON NEXT PAGE) JUL 2 31981 NOW done ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Coam►issioner Lacasa and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer Jr. f Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9296 The City Attorney read the ordinance into the public record and announced that copies werg available to the members of the City Commission and to the public. 12. AUTHORIZE EXPENDITURE OF FUIIDS TO PUBLICIZE N.T.E. $25,000 FOR VOTER EDUCATION OF PROPOSED $21,000,000 BO11D ISSUE Mayor Ferre: Now, Plummer, for your motion. Mr. Plummer: Mr. Mayor, whatever motion is appropriate that the funds be... that this Commission authorizes the expenditures of needed funds to... Mayor Ferre: Put a cap on it. Mr. Plummer: ...to publicize... Mayor Ferre: How much did we spend last time, Chief? Mr. Plummer: As I recall... Chief Brice: $10,000 last time. Mr. Plummer: No. No, we didn't. We went a lot more than that. It was near $25,000. Mr. Gary: I think it was $25,000. Mr. Plummer: So, well, let me make a motion of a figure not to exceed $25,000 for the purposes of education. However, you want the wording. You know what the intent is. Mayor Ferre: All right, is there a second? Seconded by Gibson. Further discussion? Call the roll. (CONTINUED ON NEXT WAGE) 30 r <. i r TNER ON THE FOREGOING MOTION, duly introduced by Commissioner Plummer and seconded by Commissioner Gibson was passed and adopted by the following vote: r3 AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo (LATER FORMALIZED INTO RESOLUTION 81-729) FOLLOWING ROLL CALL: Mayor Ferre: Now, Mr. Plummer mentioned something to me which he may be totally right, and maybe we've not thought of this. Chief, and Mr. Clerk, I guess, you're the one that really shoud verify this. Would you call up the Director of Elections and find out for us at this time, when the, when they intend to have an election in September and October, for the filling of the vacancies created in the Legislature. I think it is the seat presently held by Senator Sherman Winn.... Mr. Plummer: He's already resigned, Mr. Mayor. Mayor Ferre: ...which is vacated. And the other one is the House seat which will be vacated, as I understand, by Representative Joe Gersten. Now, also, I would like to know what portion of the City of Miami, if any, those two districts take in. My guess is that not a very big chunk because both ... I think Gersten's seat does but I don't think Winn's...Gersten is pretty much in the City of Miami. Isn't that the same thing as Larry? Mr. Plummer: I'm almost certain. Mayor Ferre: Would you find out for us this afternoon? Becasue I think what Plummer was saying to me, and I think he's right, is that we may want, if it comes up in September, we may want to bring it up in the September or the October election. Is that right? Mr. Plummer: Correct. Mayor Ferre: Would we have time to do that? Chief Brice: I think it was 45 days we need lead time. So, yes. I believe we can get it on. I understand there's an October 3 election. Mr. Ongie: We need 5 weeks of advertising because it's a special election. Mr. Plummer: Well here again, would you come back and give us those answers so we'll have definite dates. Mayor Ferre: Would you let us know this afternoon? Mr. Ongie: Yes, air. Mayor Ferre: Okay. So then, we'll discuss this again. Would you make a note of it so that we can bring it up for discussion. Are we finished now with item "G", Chief? 'Chief, I only have one technical question that I want to ask you for the record. I like that $500,000 thing and I think it's essential because with all these highrise buildings we're building, we've got to have that. But what kind of a helicopter are we going to... 31 ' JUL 2 31981 Chief Irice: You need a helicopter that will lift 5,000 pounds plus. Mayor Ferre: That's a big helicopter. Chief Brice: It's bib. It's a Bell 214B or a....(inaudible).... CH47 which means nothing to me at this point. Mayor Ferre: I saw a picture of that and it looks like to doesn't have a belly. There's a picture that you have where the whole inside of that seems to be cut out Chief Brice: 0n the helicopter? Mayor Ferre: Now, the question that I have is this, and I guess the Chief is not here now..oh, is he? But, is there anyway that the police could share that helicopter? Mr. Plummer: Thats already been discussed. Chief Brice: Absolutely. I believe this will be a versitle piece of equipment that we all can use. Mayor Ferre: So in other words, it will be available... when there's a fire obviously the fire would have priority. But otherwise, it would be in use by the Police Department for... Chief Brice: Yes. They have told me they can use in SWAT missions. They _ can use it for other purposes. It has the versitility of rescue capabilities in addition to highrise fire fighting. It's the most innovative piece of equipment on the market today in the fire service. = Mayor Ferre: I understand from you that we're not going to be the first. Chief Brice: Well, L.A. is experimenting with it. They have not purchased one yet. They won't go on the general market until 1983 or 84. So, we very well could be one of the first. Mayor Ferre: Well, but I mean, for sure this thing is going to work? Chief Brice: Yes. Its been in development for about 5 years now, and we're hoping to have demonstration here in the City. That's one of the things we'd like to have. Mayor Ferre: Is there only one firm that sells it. So we have... Chief Brice: McDonald Douglas. Mayor Ferre: We have to buy it from McDonald. Nobody else... Chief Brice: Yes... Mayor Ferre: So it's not a competitive thing. Mr. Plummer: Well, here again, Mr. Mayor, that doesn't mean between now and when we're ready to purchase, a second one might not become available. We're not tied into this particular one. Chief Brice: We have not dealt with the company in terms of any negotiations. Mr. Plummer: Well, what I'm saying, and I think the Mayor's fear is well founded, that if, rou know, between now and when we go to buy there is something else that comes that's far superior, we're not tied into this particular company. Chief Brice: No, we're not. It's just that at this point in time it's the only one, the only company has been dealing with that type of... Mayor Ferre: Chief Harms, my only question was whether or not that helicopter could be used by the Police Department because I thought 32 JUL 2 31981 VY t 4 e t too ki�c�etA d) t thatt jI,gui Save e1, M11 �1 I ! thA�y robit �eft ty�tyra And i guess i . i and • i said the a BwIC � a Y kr , . diet �ajrms: l think there is a strong likelihood that it would. �fie'dt� ie+ ',some helicopter time and we haven't been successful in getting the '. kind of time we Hied to provide the service. F �AA i�a)tor Ferree So this might be a solution. Chief It might be, and we certainly like to explore it with the } ro riate. Fire Department if that's app p t } 4 � Mayor Ferree. Okay. At this time, I would ...we have our former Fire Chief, Don Hickman, here. And we're, of course, honored to have him with And it's a pleasure to have him. He always has an interest in anything . n that has to do with the City of Miami, and with the Fire Department ;► l Chief is there anything you'd like to share with us at in particu ar. , y `; this time? CONIIWT PLACED OUTSIDE OF THE PUBLIC RECORD) (INAUDIBLE BACKGOUND Mayor Ferre: All right,,thank you. Anything else on this subject? 3 i , j} t � J, N. '.� -< -: ,. t ry ,`� .` • rya",. a .�, {§�y�*: r t - E A 41 �r j[.a. - �' PT�y� „t.y�9 yr3 b�if kj, ti{, } K,F�� Y � i:,Y^ :-Qhy •� f Mayor Ferre (cont'd)s... Fire Chief Don Hickman here and we are, of course, always honored to have him with us and it's a pleasure to have him. He always has an interest in anything that has to do with the City of Miami and with the Fire Department in particular. Chief, is there anything you would like to share with us at this time? (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Alright, thank you. Anything else on the subject? 13. DISCUSSION OF ENFORCEMENT POLICY CONCERNING SALE OF OLD GOLD, SILVER, ETC. Mayor Ferre: If not we are now on Item 8, which is the discussion of an enforcement policy concerning the sale of old gold and silver. Mr. Knox: Mr. Mayor., we don't really have any discussion at this time. We have met with the representatives of the Police Department who made some suggestions to the ordinance that has been proposed and we will incorporate those suggestions and come back to the Commission at another time. Mr. Plummer: Mr. Mayor, you know, I heard the people of the industry before, but I want to tell of an experience that has happened to me this week and I think it's going to shed some different light. And Chief Harms, I want you to listen to this because I want you to furnish the City Attorney and this Commission with a copy of a situation in which I was involved in. Mr. Mayor, I got a letter from a neighbor of mine, who outlined the very serious problem in his particular neighborhood of breaking and entering. I personally was involved, to a small degree in the apprehension of three people who were doing these breaking and enterings. And by the way, as a side light, I want - you to know that the automatic finger print machine which there was so much discussion about was the only way that these three individuals were placed by finger prints and copped out is the term, after the machine went bananas. Without that machine of reading finger prints there was no way of anything with these three individuals. - Mayor Ferre: Wait a minute, you lost me. If the machine broke down, then how could... Mr. Plummer: Mr. Mayor, they caught these three people walking on the street, had a stolen gun, ok. It hadn't even been put into the computer yet. Mayor Ferre: The question is if the machine broke down, then how could it... Mr. Plummer: No, sir, I'm discussing.... there was some discussion at this Commission before about we paid for a machine a half a million dollars and it was maybe wasted money, ok. I'm telling you without this machine these three individuals could not have been taken into custody. But the point I want to bring out is two -fold, Mr. Mayor. Of these individuals who had pulled twelve breakins in Bay Heights within three days, one was nineteen years of age and two were seventeen. The nineteen year old, they went to his apartment in a motel, in the Civic Center and recovered about sixty percent of the loot, he had it in his room. It looked like a wholesale warehouse. Cameras, T.V.s, Jewelry, Binoculars, Cameras. From these... Mayor Ferre: That's a nineteen year old kid? Mr. Plummer.: Nineteen years old, ok. -At the same time the two seventeen year olds I wish you could have heard as I heard. They copped out and said we did more. Mr. Mayor, those two individuals sat there and told a story to the police of where they went and took this gold into a certain area of Downtown Miami, sold it without any questions asked, no identification was 34 JUL 2 31981 requested and they sold it without question. The one individual, the big mouth had eight one hundred dollar brand new bills on his person. He had just come fron selling jewelry in a certain given building in Downtown Miami. Now, I'm sure that the police are following up on that information, ok. Mr. Mayor with those two individuals sitting there talking about a high -jack that they were going to be in that night in excess of a hundred thousand dollars according to them, the City of Miami police were forced to release those individuals at 6 o'clock at night because juvenile detention facilities says they had no room. Those two individuals were put back out on the street at 6 o'clock at night. There was no room at the inn. Knowing fully well that they were talking about at 8 o'clock they were going to do a hundred thousand dollar high -jack. I'm sure they didn't do it because the police were well aware but they gave minute details of how the high -jack was going to be accomplished. It was a million dollars worth of video tape recorders and those two seventeen year old, they talk about juveniles, kids, they were bigger than me, seventeen years of age. And those two admitted to the twelve break-ins with the other guy and they went back out on the street, back out on the street. Mr. Mayor, the point I am making is the point in relation to the gold and the silver, that they sat there and told us who the hell they sold the stuff to in this particular building and there was no questions asked. I want you to know and I hope other members of this Commission look at this things damn hard when it comes up again, because no one... I'm not buying a thing that says leave us alone, fine, I will say that eighty percent of the people are honorable, but we must address that twenty percent, because that's where all the illegal activity is going on. So I just want to bring that to your attention. I wasted my... you know, let me tell you something, I really got the feeling of the frustration of a policeman. I spent two days of my time in Say Heights and it was through my lead that they were arrested and here I watch them walk out of that police station. My God, what frustration police must feel when they go to all of the extent on a day in and a day out. The people admit to it and they walk out the door. I don't know. Mayor Ferre: Alright, we have some distinguished members of the community here in the jewelry business and Mr. Calil is here . I would be happy to recognize him or any of his group if they wish to address the Commission on this issue. Mr. Plummer: I would hope, Mr. Mayor, that the Chief will furnish him copies of just what I have brought out and the Chief is aware of the particular case. Mr. Alberto Calil: Good evening, my name is Alberto Calil. I want to speak in Spanish, my English is not good for this discussion. Mayor Ferre: Alright, could we get a translator? Mr. Calil: I have one, Mr. Mayor. Mayor Ferre: Alright, fine. Mr. Calil: Thank you. (CONTINUES SPEAK IN SPANISH WITH A TRANSLATOR). TRANSLATOR UNIDENTIFIED: Good morning Mr. Gibson, Mayor Ferre, Mr. Lacasa, Mr. Plummer. First of all I did not agree with the finger printing on buy and sell business, because whoever is doing the burglaries have somewhere to go and sell their merchandise oti.er than the legitimate businesses. We are one of the most regulated businesses in Miami, for that matter in the United States, here in Miami. We have to make double copies of all the merchandise that we get to the Police Department describing each and every item piece by piece. We also need one picture I.D. which we furnish all the time. We are very careful of not dealing with anyone who we feel is not bringing stuff in that is legit. Having to have finger printing of the customers and taking their pictures will create a new job in our business and also, will create an amount of money that is almost out of our reach at the moment. If you do want to do something for the community, you can do what you are doing now in our area that you have two policemen patrolling everyday and you are putting more men on force who ar@ taking care of the community. Mr. Lacasa: Well, Mr. Mayor? Mr. Calil? Obviously, there is a very good working relationship between the Police Department and the industry. They both are very well aware of the problem and you have that type of interaction. R So I do feel that the best thing that we can do at the level of this City Commission at this point is, to refer this matter to you and to the police Department so you both can come out with some kind of procedure that insures both the stability of the industry, plus, the necessary mechanism that the police needs to implement so they can have access to the information that they 35 JUL 231981 e might need and that this be brought to the attention of the City Commission in a final form for our approval. Mr. Eduardo Rasco: Excuse me, Mr. Lacasa. We voted on that on July 13th, the businessmen did meet... I believe you received a letter from Detective Blankenship. He wrote a letter to the Commission, I believe someone around here has a copy of it, I will try and get it to you. The businessmen did meet with the Police Department and we did come to some agreements as far as what should be done, but before I go into that what I would like to do is I would like to... Mr. Plummer: We don't have copies of that, sir. Mr. Rasco: Well, I'm going to try and see that you get some. I thought you would have them. But before I go into that I would like to give a response to Mr. Plummer. You mentioned before that the case where the finger printing did help out and I'm sure that, you know, in some instances it will help out, but the fact is that, the photographing is a hundred percent different than the finger printing and we are not really talking about the finger printing right now, we are talking about the photographing. You mentioned that these... the boys who stole, the jewelry, they sold it in a building Downtown. Now, they did not require identification, they did not ask them any questions, they just bought the gold. Now, the question of the matter is, who are you trying to regulate? Are you trying to regulate.... do you think that by putting out these laws... if right now there are laws that says you have to take positive identification, like he mentioned you have to take I.D. with the date of birth, height, weight, etc. You have to describe in two part form to the Police Department and turn in the police cards where you have a description of the jewelry, everything you bought, including caret, the weight, if there is any stones in it, the color of the stones, everything that you buy. When we buy other merchandise other than jewelry we have to report it with serial numbers. Now, if we are doing this already, obviously, they are not, ok. Now, the problem of the matter is, you know, possibly you are chasing the wrong rabbit because you are trying to get everybody to follow these new rules, but do you really think that this man or anybody who does buy things like he did without taking identification is going to take the time to take a picture of someone who is selling to him? Mr. Plummer: I do believe, sir, that if he is faced with an ordinance from this Commission of giving him three years in jail if he doesn't do it, yes, sir, I think that would be a big deterrent. Now, let me also tell you because I'm sure you are aware. Sir, I will take you right now to Downtown Miami to a five and ten cent store and for three dollars I will get you a copy of the most official looking identification you ever saw in your life. It's not official, but it looks that way and it's with your photograph and you can put any name; any date of birth, any address you want on that identification. So don't tell me about I.D.s. Mr. Mayor, I want, please, on the record, I want it to be very clear that I am not in anyway condemning, probably, the eighty percent of the businessmen in this community who operate legitimate stores. It is that twenty percent, Mr. Mayor, that cries out that we must regulate. You know, I am fortunate and I'm sure this gentleman is fortunate that he has never walked down the street and had a chain snatched from around his neck. I'm sure that you have not and thank God, I have not had my home burglarized, ok. But let me tell you something, what you need to do is to speak to some of the people who have gone down the street in their cars and as pedestrians and let them explain the trauma involved when you get your neck almost jerked off because some idiot wants a dollar eighty cents worth of gold and that's what he gets paid for it, even though it's a thousand dollars. Sir, we have got to do something. We cannot sit idly by and let a source be available to these people who continuously continue to take and steal. This source is available and if this Commission doesn't address it and dry it up, we are guilty. Rev. Gibson: Let me say this. Sir, I don't think... We aren't... Mr. Plummer: We are not far apart. Not at all. Rev. Gibson: We aren't far apart. You don't bother us. For instance, why would they be able to buy and sell gold on Grand Avenue? Mr. Plummer; Bocause it's convenient. Rev. Gibson: Do you know where Grand Avenue is? Mr. Rasco: Yes, I do. 3� JUL 2 31981 • Rev. Gibson: Just tell me why and how come. Mr. Rasco: I'm afraid I wouldn't know the difference. Rev. Gibson: Well, the point is... Mr. Plummer: If you did know you would feel differently. Rev. Gibson: Look, you tolerate this procedure, it may not stop all the people, but if it only stops two it might save fifteen lives, ok. We are not after you, you don't know. Mr. Rasco: Ok, as it was mentioned before they suggested that we set up a meeting with the Police Department. Rev. Gibson: Yes. Mr. Rasco: Now, we did that and these are some of the suggestions that we have, ok. Rev. Gibson: Alright. Mr. Rasco: First of all, the holding period now is fifteen days for jewelry. Ok, the Police Department does not have time to check out the jewelry, ok. The merchandise is coming in and going out, fifteen days is not sufficient time. So, we with the Police Department have agreed to bring that up to thirty days, double the amount of time in order to give the Police Department ample time to check it out. Whereas, right now they simply don't have enough time because of manpower Now, there is another point that the Police Department... the pawn shop detail simply does not have enough manpower. We feel that, like he says, it's a very important issue and believe me, I agree with you, I do want to, you know, stop crime. You know, I'm a citizen like anybody else. I know people who have been robbed and I... I, for one am very much against it. But I simply don't feel, and I'm speaking for the used merchandise dealers, that this is not the solution, because this is what it's going to do, it's going to affect... it's going to create more red tape, it's not a workable solution and we feel that the Police Department needs more manpower. That is basically what it is. They are under manned. They.... even with... if they took the photographs, they wouldn't be able to take care of -the photographs. Now, there is another point that the people who are selling gold that is stolen, ok, they are not interested in us, we don't see them. They go to people who are not licensed, ok. We have a license that says "Bill of sale and option to repurchase". People who come with stolen jewelry, they don't come to us, ok. They come to the people who are not licensed. The people who for example, somebody who has a jewelry store, ok, like this person over here that stole where... in Mr. Plummer's case, they went to a jewelry store and they sold. They are not licensed to buy, but somebody came up to them with a good buy. Mayor Ferre: Alright, sir? Alright, we have been on this now for near a half hour. We must move along. We are two hours behind schedule and I think Ws time... the Commission has more or less expressed itself. We are just repeating ourselves over and over again. I don't think we are making any new head way. So,... Mr. Ongie: Would you give us your name and address for the record, please? Mr. Rasco: My name is Eduardo Raso and I'm from Morgan Cash at 7917 Biscayne Boulevard. Thank you. Mayor Ferre: Mr. Lacasa, you had made a motion and the motion was that this item be further discussed between the Police Department... Mr. Lacasa: And the industry. Mayor Ferre: ... and the industry. Mr. Lacasa: And that they come up with a joint procedure for the consideration of the City Commission. Mayor Ferro; Alright, does anybody have any objections to the motion that's been moved and seconded? Call the roll, then. 37 JUL 2 31981 T�i 71, The following motion van introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-653 A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH MEMBERS OF THE POLICE DEPARTMENT AND WITH PERSONS IN THE PUBLIC INVOLVED IN THE SALE OF MZ GOLD, SILVER, ETC. TO DISCUSS PROPOSED REGULATION OF SUCH SALES. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. W= 14. DISCUSSION OF MIAMI POLICE DEPARTMENT AUXILIARY FORCE AND APPOINTING COMMISSIONER J. L. PLUMMER AS CHAIRMAN INSTRUCT CITY MANAGER TO INCLUDE 100 PSA's IN BUDGET DISCUSSION Mayor Ferre: Let's do Item "I" quickly. Mr. Gary: Mr. Mayor, we have a presentation by the Police Department on this matter. Mayor Ferre: Yes, sir. Lt. O'Brien: Lieutenant O'Brien, City of Miami Training Unit. Mr. Mayor and members of the City Commission under the direction of Chief Harms in fiscal year 1980-1981, he had asked that a reserve officer auxiliary program be developed to the tune of one hundred officers, fifty officers to be hired in 1981-82 and the additional fifty officers to be hired in fiscal year 1982-83. The auxiliary program is planned and ready for immediate implementation. Mayor Ferre: Alright, sir. Well, I think that we need to give credit to Commissioner Plummer, who had this idea many years ago and has been pleading for this for years and years along with other of us. I remember one time I came back from New York and Chief, you might remember that I discussed with you the brown uniform officers in New York that do not have guns, but that do an awful lot of police work. They do traffic and ticketing and all different types of semi police work and I would hope that this is a step in that direction. I understand these are part-time, but fully licensed police officers that would volunteer their time and I have got a feeling that I know somebody -on this Commission who... and you may end up with two and you are going to have problems. Mr. Plummer: Well, I tell you, if I'm not head of the civilian portion of that thing there is going to be some problems. Chief Harms: You brought that to my attention on several occasions and we did discuss it as did Commissioner Plummer. Quite honestly, I was afraid to get the two of you together, I didn't know if I could stand that amount of pressure at one time. But in all seriousness you both have expressed interest in it. We appreciate that interest and that concern and as a result of those expressions, we attempted to follow through with the outline of a program to present to you. Mayor Ferro; Chief, do you need any action from the City at this point? Mr. Lacasa: I would like to make a motion on this, Chief, because I do believe that the community is expecting this type of action from the City Commission and I do believe that this is a step in the right direction. so I will make a motion that we go ahead immediately to implement this program and that Commissioner Plummer be appointed head of this auxiliary force. VV JUL 2 31981 0 0 Mr. Plum ers I second that motion, best motion he has made today. Mayor Ferre: Further discussion from the former Chief and the new Chief? Alright, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-654 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER 70 IMPLEMENT THE MIAMI POLICE DEPARTMENT AUXILIARY FORCE IMMEDIATELY: FURTHER APPOINTING COMMISSIONER J. L. PLUMMER AS THE PERSON IN CHARGE OF SAID COMMITTEE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer and Mayor Ferre. NOES% None. ABSENT: Mr. Carollo and Rev. Gibson. FURTHER DISCUSSION: Mayor Ferre: Alright, Mr. Manager and Chief, before you leave, I think this is a step in the right direction, but I would certainly hope that you also would do some additional work in trying to get the public service aides program to a point where there might be additional police service rendered by them. Let me explain specifically and I'm sorry the merchants along Flagler Street left, but you know, when they started complaining I don't mean to be derogatory to the Downtown business community, but the Downtown business community demanded and they had public hearing and they seared us and they did all kinds of things, but that's it. The merchants on Flagler Street out there in Little Havana, mostly Cubans, they got tired of all this talk. You see, what they did, they went out and hired a couple of security guards and they had guys in uniforms that looked like police officers going up and down Flagler Street, you know, guarding Flagler Street. Now, what they did was in a way they were helping us, they were in a way auxiliaries, obviously, at an expense to them. Now, it seems to me that one of the things that we ought to try to gear up to since everybody... Garth Reeves the other day had an editorial in the Miami Times saying how good it was to see the patrol... the cops on the beat again. I think that we need to rethink a little bit about this and Armando Lacasa and I know Plummer have also in the past have been strong advocates of getting policemen out on the beat, ok. The problem, of course, is that as Plummer points out all the time, is that each police officer cost thirty thousand dollars and if we had some of these younger police officers or to be police officers... you also, have pointed out on occasions, Chief, that the men don't really like that assignment because in a way it's the kind of a thing that policemen do when they are young policemen beginning and they walk the beat and as they grow into sophistication and they take more training, they don't really like to get the night stick and walk out on the pavement, and so, therefore, there is a reluctance to go back and do that. But if we can take some of these young people, age eighteen to twenty-one and say... you are now up to what? Thirty or forty of these PSA's? Chief Harms: Approximately, yes, sir. Mayor Ferre: If we could move that up to, say a hundred or two hundred and use those PSA officers in non -dangerous situations... I certainly wouldn't put a person out there, you know, in whatever... whether it's called the pit or whatever it's called these days without a gun to protect themselves, but in areas that are safe, that we don't have a high probability of crime and where they have the ability to duck into someplace if there is problems and call on the radio telephone, perhaps you might be able to put some of these PSA's on these walking shifts that might satisfy the community's interest and need to see visably somebody in the uniform and at the same time relieve officers of that kind of a pressure. Mr. Plummer: Mr. Mayor, one of the great disappointments that you and I had to be faced with, if you will recall last budget time we proposed a hundred CSA's that we had hoped to fund ---Community Service Aide--- we had 39 J U L u 3 I'Al • Mayor Pierre s that's b PSA and a CSA? Mr. Plummer: A PSA is a Public Service Aide and a CSA's were proposed to be the community Service Aides., And Mr. Mayor, the program... the Chief had fully, fully to the point of completion when were informed we could not get the CETA or Federal Funding for that program. They were already recruiting in the high schools. Nov, I'm hopeful this year to reinstigate that program. Mr. Mayor, I hope that some where along the line... well, Father Gibson, is not here. Mr. Mayor, the feedback to my office, you will recall that this Commission approved a half a million dollars of overtime.. Mr. Mayor, that five hundred thousand dollars is probably some of the best money we have ever spent. There presently now on a daily basis is four walking beats on Coconut Grove, Grand Avenue and Douglass Road. And I want to tell you it has made a remarkable difference. They now have walking beats Downtown. They have them in Allapattah and in Biscayne Boulevard, all from that half a million dollars of overtime. Mr. Mayor, I'm glad to hear your comments because as you know, always in budget I am in that particular area and I will be again this year and I welcome your support, because it is going to take some hard dollars and when we do I hope that this Commission will have the availability of just what that half a million dollars has done in the past sixty days and how well the people are pleased with that thing. Mayor Ferre: Father Gibson, if I may I'm going to turn over the gavel to you, because I want to formalize this. And I would like to move you, sir, that this City instruct the Manager in the forthcoming budget discussions in September to provide for an increase up to a hundred PSA's for the purposes of training young and prospective police officers, ages eighteen to twenty-one, from eighteen to twenty-one before they can apply legally at twenty and a half years to be a police officer for the express purpose of having them beef up, if you will, or strenghten the beats that we have now commenced and that have had such good results. The purpose of which is to get more people out on the street visably in uniform. Mr. Lacasa: Second. Mr. Plummer: Mr. Mayor, you noticed I was not in a hurry to second the motion, I want to be the third vote to make sure it's done. Rev. Gibson; Alright, further discussion, call the roll, please. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 81-655 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO INCLUDE IN THE FORTHCOMING BUDGET DISCUSSIONS FUNDING FOR A PROPOSED 100 PSA'S FOR THE EXPRESS PURPOSE OF TRAINING YOUNG AND PROSPECTIVE POLICE OFFICERS IN THE GENERAL AGE GROUP OF 18 TO 21 SO THAT THEY MAY RECEIVE THIS PRE -TRAINING PRIOR TO THE AGE WHEN THEY CAN LEGALLY APPLY FOR THE POSITION OF POLICE OFFICER AND TO IMMEDIATELY ADD THIS PERSONNEL TO WALKING BEATS WHICH HAVE ALREADY COMMENCED AND PROVEN TO BE SUCCESSFUL IN CERTAIN AREAS OF THE CITY. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferro. NOES: None. ABSENT% Mr. Carollo. r,"l JUL 2 31981 9 0 15. DISCUSSION ITEM: ENFORCEMENT PROBLEMS WITH BURGLARY ALARM ORDINANCE Mr. Plummer: Mr. Mayor, before... so that the Chief can leave, I have one other item and it's something that I think that we must address. Mr. Mayor, this Commission in no way ever expected nor did we want that the problem addressing burglar alarms would be a cash register item. I was to knock down the amount of police hours that were being used to chase down false alarms. We have a flaw in my estimation, in that ordinance. Chief, the flaw is, that what we were hoping to do was to get people to spend the money to bring their systems up to first class or a hundred percent and if they had bad systems to replace them. I am made aware by a letter from a person in the Grove who was in such case, she has allocated some, I think four to five thousand dollars to completely replace her system. Our ordinance presently still penalizes her for the past, you know what I'm saying? In other words, she had seven or eight violations in the past, she is spending six thousand dollars to put a new system, I don't think she should be penalized. Now, I want... do you understand, Mr. Gary, what I'm saying? I think that's a flaw in what we proposed. We never intended it to be a cash register kind of a thing. And Mr. knox, I would like whatever appropriate wording, you work with the Chief, that if a person is willing to go to the expense of putting in an entirely new approved system, that the day that is operational that slate is wiped clean, because I don't think they should be penalized for the sins of the past when they are willing to do what we were trying to accomplish. So I would hope the Chief, with that understanding until you can get an ordinance to us to approve would not be zapping these people who are doing really what we try to get them to accomplish and that is to put in either new systems or bring their systems up to one hundred percent and I would hope that my fellow Commissioners would understand the necessity of this and that when they put in a new system or bring it up, that we wipe the slate clean, because that's just what we were trying to accomplish. Thank you, Mr. Mayor. I will give you this letter, Chief, that outlines it completely. Chief Harms: Ok. If I may, for just a moment, I would like to just mention to the Commission that we are projecting a ten thousand man hour savings this year as a direct result of that ordinance and think that certainly speaks to the Commission's wisdom in passing it and I will certainly work with the City Attorney in making sure that it's equitable. Mr. Plummer: Chief, I would hope that you would furnish to this Commission as quickly as possible a letter outlining those things about the walking beats that have come from that half a million dollars of overtime. I would hope that, that would be very explicit and upmost in the Commission's mind at budget time. Chief Harms: We will give you a status report on that, yes, sir. Mayor Ferre: Alright, is there anything else on any item dealing with the Police Chief? And J. L., you were going to look at something about the register, are we set on that now? i 16. DISCUSSION ITEM: EXTENSION OF POLICE REGISTER (See later same meeting) Mr. Plummer% No, I'm not ready, Maurice, I will do it at lunch. All for the record, you have read it and you have no problem? Chief Harms: That's correct. 41 JUL 2. � 1n81 Mayor Ferret 0k, well, we are going to take it up after lunch. The Police Department don't have any problem with that register... extending that register? Mr. Plummer: No, with this resolution? Mayor Ferret With the resolution to extend the register? Chief Harms: Well, you know, I do need to make a comment on that. While I don't have a problem with the resolution because it helps solve some immediate problems, i think there are at least a couple of groups with vested interest, those who may not be in favor of an extension and those who are in favor. Mr. Plummer: Now, you see, that's why I brought it up, Chief, because I remember people going to court over this issue before . Chief Harms: Well,... and that's why I'm trying to clarify it now. It's not really part of my decision, but it's more appropriately the business of the Commission and the plantiff's. But it's my understanding that we would have a time lag that's created in the promotional process unless we extend it. So my position is, I want to make sure we don't have that time lag, we are able to go ahead and follow a register and to that extent, I don't object to the resolution. Mayor Ferre: Alright, so that Mr. Krause can... is he still around? Mr. Krause, you can go on ahead, we will take this up after lunch, ok. Mr. Plummer: I don't foresee I will have any problems. Mayor Ferret And so you don't have to, you know, wait around any longer just come back if you want to, because Plummer says he don't foresee any problems, ok. And if he does, we will call you back, we will let you know, ok. 17. APPOINT ROBERT JONES TO AUDIT ADVISORY COMMITTEE Mayor Ferret Alright, we are now on the discussion of the Audit Advisory Committee appointments. Mr. Manager, that was one of the exceptions that we took out. Do you have... how many openings do we have now? Mr. Gary: we have one opening. Mayor Ferret Alright, I would like to submit the names of Robert Jones of Southeast Shelter Corporation and he is a resident of Coconut Grove and I will have his resume and his name and address for you in full form. Now, would you tell us who the other people are, and who submitted their names? Mr. Gary: we have them up stairs. We can get that for you. Mayor Ferret Would you go get them up stairs? Because as I recall, everybody had submitted a name but myself. Mr. Plummert I second the motion of the Mayor's appointment. Mayor Ferro; Alright, is there further discussion? Who made the motion? Mr. Plummer: You did. Rev. Gibsont Call the roll, please, sir. 42 JUL 2 31981 The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 81-656 A MOTION OF THE CITY COMMISSION APPOINTING ROBEIkT JONES AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE. Upon being seconded by Commissioner Plumer, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Rev. Gibson, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. FURTHER DISCUSSION: Mayor Ferre: Alright, would you give me the full name of the full Committee and whether they have been contacted and if they have accepted and if they qualify, because that's important, too? Mr. Gary: Yes, sir. Mayor Ferre: I,would like that this afternoon. 18. REPORT BY CITY CLERK ON FALL ELECTION DATES Mayor Ferre: Alright, Mr. Clerk, you were asked some questions and I understand you are ready for a report now on the election. Mr. Ongie: Yes, sir. I called the Supervisors of Elections of Dade County, the information as of this time is, that no dates for any special elections have been set for the following reason. Sherman Wynn has not officially submitted his resignation. Mr. Plummer: There was an article in the paper that said he had. Mayor Ferre: Sir, I have checked it out, he has not resigned. Mr. Ongie: He had not resigned. Where it is right now, Joe Gerstein has announced that if Mr. Wynn resigns, he will seek election to that seat. If Mr. Wynn, delays his resignation beyond August 1st, there is some doubt -that -they could have any kind of a special election prior to November. And the... any projected dates for a special election cannot be set until Mr. Wynn, resigns because the Governor has to call a special election. And the answer to the second question, if Mr. Gerstein, is successful in getting that seat sixty-three of eighty-seven precincts of the City would be impacted, which is basically, the area south of 36th Street. Mr. Plummer: Ok, then answer the other question, we know for certain there is an election November 3rd,... Mr. Ongie: Ours. Mr. Plummer: Right. What is the final date that this Commission can take any action that we would want on that ballot? Mr. Ongie: At the very latest, the last meeting in September because it becomes a special election and I have to advertise it for five weeks under State Law. 43 JUL 2 31981 i • Mr. Plummer: Alright, are you then, saying to me, on the record, that we can bring something up, if we want it, as late as the 24th of September that can still appear on the ballot November 3rd? Mayor Ferre: That's what he just said. Mr. Plummer: Well, but I'm... Mayor Ferre: He said five weeks. Now, I will tell you, the 24th is cutting it awfully short. Mr. Ongie: It is cutting it short. It would be much, much neater if we could do it no later than September 10th. Mr. Plummer: Alright, then, let me ask it another way. What you are saying to me now, is that if this Commission saw fit to put something on the ballot such as the Fire Bond Issue... Mr. Ongie: Yes, sir. Mr. Plummer: ... we have and can until the loth of September, 1981? Mr. Ongie: Yes sir. Mr. Plummer: Alright. Mayor Ferre: But that's for November 3rd, J. L., and the thing that concerns me, is that since Sherman has not yet officially resigned and as I understand it now, he has to do it by August 1st. Did you ask... there was an additional question, which... what part of Joe Gerstein's district takes in the City of Miami? Mr. Ongie: There would be... of our eighty-seven precincts, it takes in sixty-three of them and that area was delineated as all areas South of 36th Street. It would include all of Coconut Grove, all of Downtown... Mayor Ferre: South of 36th Street? Mr. Ongie: Yes. And none of... he wanted further to explain that none of the City of Miami is presently in, Mr. Wynn's district. Mayor Ferre: Now, I realize that, but you see, it isn't Wynn's district. If Gertein runs for Wynn's seat vacates it, then there is an election for Gerstein's seat and that takes in sixty-three out 6f the eighty-seven precincts of the City of Miami and the question therefore, is a pertinent question, and that is,--- which is my next question--- did you ask the Elections Office if Sherman resigns before August 1st, when would the election, therefore, would be called? Mr. Ongie: Upon receipt of the resignation they would contact the Governor's Office, the Governor establishes the dates. Mayor Ferre: The Governor would establish the dates. Mr. Ongie: The Governor has to establish the dates. Mayor Ferre: And there would be a primary election because this is a partisan election. So, there would be a Democratic and a Republican primary. Mr. Ongie: Yes, sir. Mayor Ferre: And subsequently, there would be a run-off and then there would be a general. Mr. Plummer: No, general, then the run-off. Mayor Ferre: You are going to have ai primary and then a run-off in the primary, because if somebody doesn't, get fifty percent, then you have to have a primary run-off. Secondly, you would have a general election and if there was not a fifty percent, then there would be a run-off in the general. Is that right, Clark? 44 JUL 2 31981 Mr. Merrill: Yes, but if we are talking about a September or an October election you should... David Ley told me that the State will not pay for the election if the City calls for an election, so we would end up paying for the election and they would piggy back... Mayor Ferre: But that's exactly why we are keeping quiet and let the State call for the election and then we might piggy back on them once we know what the date is. My problem with all of that... Please, my problem, Mr. Merrill, is that if we don't do it today, which obviously, we are not ready to do it since we don't have any information, the next meeting is September loth and if they call an election in either September... if they call it in September we can't advertise, if they call it in October, depending as to when they call it in October and the availability of this Commission, then we might be able to do it and then piggy back with them. So, therefore, Mr. Merrill, I would like to instruct you to keep me and the rest of this Commission informed on a day to day basis as to when the... if Senator Wynn decides to resign and the Governor decides to call an election, what day that's going to be called so that we might be able to use that without having to pay for it, as a vehicle to get some of these things that we may want decided, ok? Mr. Merrill: Ok. Mayor Ferre: Alright, sir, is there anything else on that issue that you want to bring to the Commission's attention? 19. GRANT REQUEST OF AFRO -DIMENSION CARNIVAL TO COVER DEFICIT OF $6,760 Mayor Ferre: We have two other items that I think people have been waiting on here and then there is some pocket items that other people have been waiting to... Item "K" is the status of the Haitian Afro Dimension Carnival. As I understand it, Mr. Manager, you are recommending that we proceed on this? Mr. Gary: I'm recommending that the City Commission authorize the allocation of sixty-seven sixty to be disbursed by the City Manager upon proper review of the bills. Mayor Ferre: Now, is there any discussion on that? Is there a motion? Rev. Gibson: Move. Mr. Lacasa: Second. Mayor Ferre: Moved by Gibson, seconded by Lacasa, further discussion on Item "K"? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its'adoption: MOTION NO. 51-657 A MOTION GRANTING A REQUEST OF THE HAITIAN AFRO DIMENSION CARNIVAL AND ALLOCATING THE SUM OF $6,760.00 TO HELP COVER A DEFICIT INCURRED IN THE RECENT CARNIVAL. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following votes AYES: Mr. LA►casa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Carollo. 45 JUL 231981 1 'a 20. BRIEF DISCUSSION: HIRING FREEZE EXEMPTIONS (See later same meeting) Mayor Ferre: On hiring freeze exemptions, Plummer. How many do you have today? Mr. Gary: I have a total of twenty, eighteen in Sanitation, one in HRD and one in Finance. Mayor Ferre: Well, we got to wait for Plummer on that. So we will have to wait. 21. DISCUSSION ITEM: RUSTY PELICAN PROPOSED EXPANSION See later same meeting. Mayor Ferre: The next item that we have of people that are pending, is... I understand that Mr. Rayburn and the people at Rusty Pelican and Peter is here and we will hear from them if you wish to be heard at this time. You don't want to be heard? You don't want to discuss it? Ok, well, then we will go on to something else. Go ahead. Mr. Peter Montan: I am Peter Montan from Rusty Pelican...(COMMENT INAUDIBLE). I am here to address the Commissioners and Mayor, about a extension on Rusty Pelican. We submitted all the necessary material to the City and on the last meeting we were told to work on parking facilities and so far we are in the process of... Mayor Ferre: You are in what? Mr. Montan: We are in the process of getting square off needs in our property for parking. Mayor Ferre: Peter, what is it you want from this Commission? Mr. Montan: We want to put on ballot extension of lease of Rusty Pelican. Mayor Ferre: Oh, I see. Alright, Mr. Manager, when will you be ready to come back with a report on that? Mr. Gary: The first meeting in September. Mayor Ferre: We have time and that will come to this Commission on the first meeting of September. We cannot deal with that today. Alright, sir? Mr. Montan: Thank you. 22. PERSONAL APPEARANCE: ERNY FANATTO REGARDING ACQUISITION OF F.E.C. PORT PROPERTY ON BISCAYNE BAY Mayor Ferre: Alright, Mr. Fanatto, you have three minutes. Mr. Fanatto: Ernie Fanatto is my name and I'm President of the Taxpayers 46 JUL 2 31981 League of Miami and the County. This involves the buying of the Ball Point Property and the monies be used for a parka And I want you folks to know that it's a disgrace to spend seventeen million dollars of the taxpayers money for that park or rather twenty-four million dollars to buy that park when it's not going to be patronized, nobody is going in there but winos and people are scared to death to go in parks. When the people voted for this bond issue it was ok, but things have changed. Now, you cannot... if you want to spend twenty-four million dollars of the taxpayers money and buy it and give it to Mr. Ball, for property won't be patronized that's bad business. And I will tell you what I'm going to recommend, that we don't waste taxpayers money. The people... things have changed. Give the people a chance to revote and see whether they want to do it with the present conditions. Conditions were normal, parks were patronized, they are not patronized today. Give them a chance, put it on the ballot and see whether they want to change that around. And here is what I'm going to recommend to do with this money. we have got seventeen million dollars or close to it or a little more. I'm going to recommend that we abolish the garbage tax entirely for two years and for the rest of the money I want it to be used to reduce taxes. It's about time we worry about our taxpayers and not to make Mr. Ball fat. And.. that's my, that's my.., Now, I want to hear some comment it. Mayor Ferre: Alright, the Chair will open up for any comments from members of the Commission, otherwise, we will go on to the next item. Mr. Plummer: Mr. Mayor, I have already, personally, made comments to Mr. Fanatto... Mayor Ferre: Ok. Mr. Plummer; ... and I don't have to make them on the public record. Mr. Fanatto: Well, let's put the comment in the record, Mr. Plummer, and I'm going to answer it. Mayor Ferre: Mr. Fanatto, I am still running the meeting and the Chair will recognize any member of the Commission, otherwise, we are going to go on to the scheduled item. I have done this out of courtesy to you because you need to go to another meeting and I have taken you out of turn, otherwise, I would have made you wait until this afternoon. Now,... Rev. Gibson: Mr. Mayor, let me ask. My understanding is that, that money is allocated and that we.... Mayor Ferre: He wants to put it on the ballot to disallocate it and use it for reduction of taxes. Rev. Gibson: Could we do that? Mayor Ferre: Sure, the Commission can put anything on the ballot. So what he is asking is for us to take those funds and put them on a ballot in November and let the people of Miami decide the disposition of those funds, rather than the purchase of the park property, but in my opinion this Commission is under a mandate to buy that land and I certainly... I going to... my personal opinion is that I have 4ot an obligation to fulfill that mandate. Mr. Plwrmr: Well, Mr. Mayor, it goes deeper than that. It's deeper that we are committed for the tune of nineteen million dollars that we had to put in escrow to quick take the property. Now, I was opposed to that, but that's the realities of life. Now, we either got to pay-off the remaining judgement or lose the nineteen million dollars. That can't even be considered. Mr. Fanatto: Well, I'm just going to answer that, Commissioner Plummer. I think that was the piece of business that ever was negotiated in this County. You shouldn't have made a deal like that there. Mr. Plummer: I voted against it, Ernie. Mr. Fanatto: You voted against it? Mr. Plumaeri Yes, air. Mr. Fanatto: Well, who voted for it? 47 JUL 2 31981 Mr. plummer3 As the Mayor says, three members of this Commission. Mr. Fanatto: Three members of the Commission. Mayor Ferret Sir, the majority... Mr. Fanatto: Well, in my estimation, I don't think it's fair and another thing is, you only... the taxpayers only voted... Mr. Plummer: Ernie, that's water over the dam. Mr. Fanatto: Wait a minute, this is not water over the dam, what I'm going to say. You know, you overstep your bounds a lot. Let me just tell you where you overstep them. The taxpayers... Mayor Ferret You got one more minute. Mr. Fanatto: ... voted for a bond issue of... just a minute Commissioner Plummer, you know, you made a lot of mistakes lately in this community. Mr. Plummer: Yes, one of them was appoint you. Mayor Ferret Mr. Fanatto, conclude your statement, sir. Mr. Fanatto: Appointing me. Don't worry, I never had one complaint on the Commission, but you are having a lot of complaints lately. Mr. Plummer: Mr. Fanatto, this is not a personal thing between you and I. Mayor Ferre: Mr. Fanatto and... Mr. Fanatto: Let me finish up the statement, Mayor, if you don't mind. Mayor Ferre: Finish your statement. Yes, sir. Mr. Fanatto: And the statement is this, we voted for a seventeen million dollar bond issue, you were going to spend twenty-four, you can't spend the other eight million or seven million before you go back to the taxpayers and let them revote on the extra money. Mayor Ferre: Mr. Fanatto, you are technically wrong on the bond issue. Mr. Fanatto: I am not wrong on that. Mayor Ferre: Sir, will you listen for a second, because it's hard for people to think and listen when they are talking. Now, if you will listen you will hear. And let me tell you what you are going to hear. In the year 1971 the people of Miami voted for fifty-four million, was it Plummer? Or fifty-seven? Mr. Plummer: For the bond issue? Mayor Ferret Yes, sir. Mr. Plummer: No, the bond issue, Mr. Mayor, was... Mayor Ferre: Fifty-seven wasn't it? Mr. Plummer: Are you talking about Bay to the ghetto? Mayor Ferre: The 1971 bond issue where these monies come from? (COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Parks for... Mr. Plummer: But I don't recall that being that much money. As I recall it, thirty-nine. Mayor Ferre: Thirty-nine million dollars. Mr. Plummer: The total. 48 'JUL 2 31981 • • Mayor Ferret So it wasn't nineteen. Mr. Plummer: wall, nineteen, Mr. Mayor, was designated to the acquisition of property of Ball Point and to... Mayor Ferret It was actually less than that. It was fourteen. Mr. Plummer: Twelve five. Mayor Ferret It was fourteen million twelve... well, whatever it was. But technically, Ernie, the problem that we have is, that we have already gone to court, we are already committed, we... the City of Miami is now fiscally comwitted to twenty-three million dollars. There is no backing off of that. Mr. Fanatto: Tell me something, if the court would come up and say "well, they want fifty million dollars, they think it's a fair..." would you have given them that, too? Mayor Ferre: We have no choice. Mr. Fanatto: You have no choice? Mayor Ferre: we have no choice. Mr. Fanatto: That's why I say you should never have did that without specifying the agreeable sum to both parties. Mayor Ferre: Alright, thank you, for your statement, Mr. Fanatto. 23. COMMISSIONER PLUMMER REQUESTS NOTE FOR THE RECORD THAT THE REVISED DOCUMENT QN MIAMI CENTER II WAS PRESENTED TO THE MEMBERS OF THE CITY COMMISSION AT 12:14 P.M. THIS DATE Mr. Plummer: Mr. Mayor, excuse me. Mayor Ferre: Yes, sir. Mr. Plummer: I want to put on the record right now, I have just been handed by Mr. Reid, this document which is the Miami Center II proposed Development Order at 12:14 in the afternoon and I and the rest of this Commission are going to be asked to vote- on it at 2:30. I just want it on the record when I and I assume other members, Mr. Reid, of this Commission are receiving a document, probably the most important document in the City of Miami as it relates to the improvement of Downtown. I want that on the record. Thank you. Mayor Ferre: Alright. Mr. Plummer: I think it's very appropriate, it's in yellow. 24. SECOND READING ORDINANCE: AMEND SECTION 56-55 OF THE CODE INCREASE FARE CHARGED BY HOLDERS OF CERTIFICATES FOR JITNEYS Mayor Ferro: Go ahead. Mr. Manager, you got all these people waiting. Item 3, sir. Mr. Homer Stadler: My name is Hower Stadler and I live at 16400 N.W. 17th Court. I am a member of the Liberty City Jitney. I am asking the City 49 JUL 231981 • Commission for a fifteen Cent raise in the fare of the Liberty City 0itftey►, Mr, Piunmer: What is the recommendation of the Administration? Mr, Stadler: The recommendation is... Mr. Plummer: No, you are not the Administration. I'm asking them sir. They don't ride the Jitney, but they are supposed to look into it. Mayor Ferret Howard, does the Administration recommend any of this? Mr. Gary: Yes, we have no objection. Mayor Ferret And you are asking for this, is that right? Mr. Gary: He is asking for the same thing. Mr. Plummer: When was their last increase? Mr. Gary: I really don't know. Mayor Ferret About two or three years ago. Don't you remember when we voted on it? It used to be fifty cents. Mr. Plummer: Ok, I just wanted it in the record, Maurice. Mr. Cox, when did we vote on the jitneys last on a fare increase? You used to be in that area. (COMMENT INAUDIBLE) Mr. Plummer: Over a year ago. So, in other words, with inflation and the cost of gas and all of that, they are entitled to it, ok. I just wanted that on the record. I move it. Mayor Ferre: Alright, it's been moved... Rev. Gibson: I second. Mayor Ferret ...by Gibson, seconded by Plummer, further discussion, read the ordinance on second reading. Call the roll on second reading. AN ORDINANCE ENTITLED - AN ORDINANCE AMENNDING SECTION 56-55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING THEREIN FOR AN INCREASE IN THE FARE CHARGED BY ALL HOLDERS OF CERTIFICATES OPERATING FOR -HIRE CARS (JITNEY BUSES) FROM 600 TO 750; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 9, 1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Lacasa, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferro. NOES: None. ASSENT: Mr. Carollo. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9297 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. 50 JUL 2 31981 • 25. CLAIM SETTLEMENT: STANDARD OIL CO. (CHEVRON) CITY VS, F.E.C. RR CO. CASE NO. 71-17071 Mayor Ferre: Now, the City Attorney has asked that we take Item 33 out of sequence because Mr. Mike Anderson has to go back to his office. This is the settlement on the claim with Standard oil on the City vs. F.E.C. on the property on the Bay. This is a settlement for the total sum of fifty-five thousand. The City Attorney recommends it. Is that correct? Mr. Knox: Yes, sir. Mr. Plummer: Tell me more about it. Mr. Knox: Mr. Anderson? Mr. Mike Anderson: This is from the first condemnation case. Mr. Plummer: Excuse me, Mike, so the record is clear, are you representing a private client? Mr. Anderson: No. Mayor Ferre: He is representing the City. Mr. Anderson: I'm representing the City. Mr. Plummer: Ok. Mr. Anderson: This is from the very first... Mike Anderson, attorney at 9400 South Dadeland Boulevard and I'm representing the City in this case. If you remember back in 1971, that was the City's first attempt to take the F.E.C. land and the City had a quick take on three parcels. Holiday Inn was leasing one and two oil companies were leasing the other two parcels. We tore down the service stations. Mr. Plummer: Is this paying for that property? Mr. Anderson: It's paying for the service stations and the damages that we caused just for Standard Oil, we are still fighting with Holiday Inn and Amoco. Basically, what happened... Mr. Plummer: Does this put us in any jeopardy with the other two by settling this one? _ Mr. Anderson: No, they are completely separate claims. There were... petitions for restitutJ on were filed back in 1977 after the court said we improperly took the property and we have worked out a settlement with Standard Oil. They were asking a hundred twenty-nine thousand exclusive, of course, interest and attorney's fees. And..... Mr. Plummer: What is the City's position with the other two now? Mr. Anderson: Between the time that I left the City Attorney's Office and the time that somebody asked me to handled this case the City received or the other parties received summary judgements of liability which means that the court said that the City was liable for these damages and the question would be simply how much. So, what I have been working on now is to try and bring the damages down to the point where we feel that they are reasonable. I don't think I can do any better in court. I think this is probably better than I could do in a full trial. So that's why after talking to George about this that I'm recoczending settlement. Mr. Plummer: Thank you. 51 Mayor Ferret Alright, is there, therefore, a motion of acceptance of the recommendation? Mr. Lacasa: Move. Mayor Ferret Is there a second? Further discussion on Item 33, caul the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-658 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SETTLE THAT CERTAIN CLAIM FOR RESTITUTION BY STANDARD OIL COMPANY (NOW KNOWN AS CHEVRON OIL COMPANY) IN THE CASE OF THE CITY OF MIAMI V. FLORIDA EAST COAST RAILWAY COMPANY ET AT., CIRCUIT COURT CASE NO. 71-17071, FOR THE TOTAL SUM OF $55,000 INCLUDING ALL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER, AND INCLUDING INTEREST, ATTORNEY'S FEES, AND COSTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 26. FIRST AND SECOND READING ORDINANCE: INCREASE TRUST AND AGENCY FUND ACCOUNT "CABLE TELEVISION" Mayor Ferret We are now on Item #4, first and second reading, this is the twenty-five thousand dollars increase in appropriation for the fund on cable television. Is there a motion? Mr. Plummer: Well, but what firm is the City Attorney recommending? I just was handed a memo at 12:15, I have not read the memo. I assume it was given to me because they would like for me to read the memo about the different... it's law firms interviewed for employment is outside counsel. Mayor Ferro: That had nothing to do with this, has nothing to do with this. If you will look in your packet, Mr. Plummer, it is recommended that the City Commission approve an ordinance increasing the appropriation for the trust, an agency fund titled "Cable... We voted on this last time as I recall and this is the second reading or this is... we voted on a motion, this is the ordinance. This has to do .with Carl Piluick and the contract that we previously... Mr. Plummert Ok, I stand corrected Mr. Mayor. I'm sorry, I thought... Mayor Ferret Plummer moves Item 4, Gibson seconds, further discussion, read the ordinance. Call the roll. 52 JUL 2 31981 l " i- j AN ORDINANCE ENTITLED- t AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9267, ADOPTED MAY 15, 1981, WHICH ESTABLISHED A TRUST AND AGENCY FUND ENTITLED: "CABLE TELEVISION"; BY INCREASING TIM APPROPRIATION FOR SAID FUND IN THE AMOUNT OF $25,000, FROM REVENUE RECEIVED FROM CABLE TELE- VISION COMPANIES IN THE FORM OF A NONREFUNDABLE BIDDING FEEL CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: AND DIS- PENSING WITH 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 Gibson adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9298 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 27. FIRST AND SECOND READING ORDINANCE: AMEND CAPITAL APPROPRIATIONS ORDINANCE Mayor Ferre: Plummer, you want to move Item M5? Mr. Plummer: Yes. Mayor Ferre: Plummer moves, Lacasa seconds, read the ordinance. call the roil. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9199, ADOPTED NOVEMBER 6, 1980, THE CITY'S CAPITAL IMPROVE- MENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1980-81; AS AMENDED; BY APPROPRIATING $212,000 IN ANTICIPATED FY 1980-81 ACCRUED INTEREST FROM THE 1976 FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES GENERAL OBLIGA- TION BOND FUND AND $2,000 FROM FIRE DEPARTMENT UNDER- GROUND FUEL STORAGE (ITEM IX.B.(i) 8.) TO COMPUTER AIDED DISPATCH SYSTEM (ITEM III.B. 11.); CONTAINING A 00 Alright, �t JUL 2 31981 IGM=R PPMISION AND SEVERABILITr CLAUSE: AND DIS- PENSING WITH THE REQUIREMENT OF IMADING SAME ON TWO SEPARATE DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter _ dispensing with the requirement of reading same on two separate days by _ a vote of not less than four -fifths of the members of the Commission- AYESs Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote- AYESo Pcr=issionei: J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson - Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9299 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 28. FIRST AND SECOND READING ORDINANCE: DAY CARE CENTERS EXPANSION Mayor Ferre: Alright, Anne, I assume you want to talk to us on Item #6. Would the Administration make their presentation briefly and then we will recognize Ms. Wilson. Mr. Gary: Well, Mr. Mayor, this is merely a modification of the appropriation ordinance to provide an additional eighty-one hundred dollars to add to the seventy-seven thousand that was previously appropriated to expand three Day Care Centers. If you recall, we have been in violation for about a couple of years, three years, four years, with State requirements in terms of the amount of square footage we must have per child and this ordinance merely adds the additional amount so that we can comply with the bids which came in eight thousand one hundred more and will allow us to become in compliance with the State regulations. Mayor Ferre: Does this tie into the Eaton Park expansion? Does,,,it have anything to do with that? Mr. Gary: Yes, that's one of them. No, this is the Day... these are Day Care Centers. Mayor Ferret Yes, that's what I'm talking about, the Day Care Center at Eaton Park. Mr. Gary: Yes, exactly. Mayor Ferret Ok, and there is one at Moore Park and one in Shenandoah? Mr. Gary: Exactly. 91 JUL 6,,121 Mr. Plummer: Mr. Gary, you made a statement that I don't ever recall that this Commission was made aware that we were in violation of State Statutes. Anne, has this Commission ever been told that? I have never heard it. Ms. Anne Wilson: I don't know, J. L., whether it has or not, but it is in violation because... Mr. Plummer: I have never heard that statement. Mayor Ferre: Well, look, in the interest of time, Anne, you are in favor of this, are you? Ms. Wilson: Oh, yes, I have been waiting for this for three years. Mayor Ferre: Alright, is there a motion on Item 6? Mr. Lacasa: Ok, I'm ready to make a motion. I move. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Is there any discussion on this? I hate to make you wait all morning not to speak, but... Ms. Wilson: No, but there is another thing that's coming up today about Day ,. Care and I wanted to know... Mayor Ferre: I will recognize you right after this. Alright, further discussion on Item 6, read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9199, ADOPTED NOVEMBER 6, 1980, THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS AMENDED, BY INCREASING THE APPROPRIATION FOR PROJECT IX.C.ii.11, DAY CARE CENTERS EXPANSION, FOR THE PURPOSE OF COMPLETING SAID PROJECT, CONTAINING A REPEALER PROVISION AND A SEVERA- BILITY CLAUSE, AND DISPENSING WITH THE REQUIRE- MENT 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 Lacasa and seconded by Commissioner Plummer for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9300 The City Attorney read the ordinance into the public record sO announced that copies Mere available to the members of the City Cooamission and copies ware available to the public. JUL 2 31981 1] I aMR. DISCUSSIONS Mayor Ferro: Alright, Aisne? Mr. P11 r: What other item, Anne? Ms. Wilson: I was under the impression that there was going to be an ordinance today to raise the fees on the Day Care Center, is that true? Mayor Ferre: That's not on the agenda today, that's being discussed. Ms. Wilaon: Is it coming up? Mr. Gary: No, it's not on the agenda, Mr. Mayor. Mayor Ferre: It's not on the agenda today, Ma'am. Ms. Wilson: It is not? Mayor Ferre: But it will be. Ms. Wilson: It will be? When? Mayor Ferre: At the next meeting. Ms. Wilson: Which is when? Mayor Ferre: Is that correct? Mr. Gary: The first meeting in September. Mayor Ferre: September loth. Ms. Wilson: Thank you. Mayor Ferre: I will tell you... Anne, so we can perhaps save some time. Mr. Manager, would you have whoever is dealing with this call Mrs. Wilson up and discuss this with her, so that she will have the benefit of enough time so that she can come and either approve or debate or whatever adequately. Alright, then, we will see you September loth. 29. FIRST AND SECOND READING ORDINANCE: AMEND APPROPRIATIONS ORDINANCE Mayor Ferre: We are now on Item V, which is an ordinance on first and second reading, is there any discussion on this? Rev. Gibson: Move. Mayor Ferre: Gibson moves, is there a second? %r Mr. Lacasa: Second. Mayor Ferre: Seconded. Any discussion? Read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9179, ADOPTED OCTOBER 3,1980, THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPT=BER 30, 1981, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE ENTERPRISE FUNDS IN THE FOL- LOWING AMOUNTS: MELMESE GOLF COURSE $30,000 AND MIAMI SPRINGS GOLF COURSE $22,500, BY INCREASING ANTICIPATED REVENUES IN THE SAME AMOUNT FROM FY 80 RETAINED EARNINGS; FOR THE PURPOSE OF PROVIDING IRRIGATION FOR MELREESE AND A CASH REGISTER AND IRRIGATION FUNDS TO COVER A SHORTFALL OF BUDGETED FUNDS FOR ACCEPTANCE OF A BID FOR PUMPING SYSTEM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH 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 Gibson and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said ordinance by the following vote AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9301 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 30. AMEND SECTIONS 30-53 SUBSECTION "A" AND 30-55 REVISE AMOUNT CHARGED GOLF COURSE WINTER GREEN FEES AND SPECIAL SUMMER PACKAGES Mayor Ferre: Alright, Gibson moves Item #8, Lacasa seconds, further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 30-53, SUBSEC- TION (A) (2) AND SECTION 30-55, SUBSECTION (a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF REVISING THE AMOUNT CHARGED FOR THE CITY OF MIAMI GOLF COURSE WINTER GREEN FEES AND THE SPECIAL PACKAGE OFFERED DURING THE SUMMER SEASON, RESPECTIVELY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND DISPENSING WITH 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 Lacasa and seconded by Ccaaissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City ;,darter dispensing with the requirement of reading same on two separate days by JUL57 2 31981 a Vote bf n6t laee than fo-fifthe of the members of the Cionhissiah& nut cowdesioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre WESt none. ABSENT: Mr. Carollo. ' Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES t Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOESt None. ABSENT: Mr. Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9302 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 1 31. FIRST AND SECOND READING ORDINANCE: NEW TRUST & AGENCY ACCOUNT "MARKETING AND TECHNICAL ASSISTANCE -REVOLVING LOAN FUND PROGRAM" Mayor Ferre: Alright, any problems on Item #9? Anybody have any problems on this? Mr. Plummer: How much involved? Mayor Ferret Hundred thousand dollars. Mr. Gary: One hundred thousand. Mr. Plummer: Where is the money coming from? Mr. Gary: It's coming from the Federal Government. Mr. Plummer: Who is administering it? Mr. Gary: It will be administered by the Miami Capital Development Corporation and this is merely a contract with the staff to provide technical services. Mr. Plummer: Fine. Mr. Lacasa: Move. Mayor Ferre: It's been moved by Lacasa, seconded by Gibson, furthir discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY ACCOUNT ENTITLED " MARKETING AND TECHNICAL ASSISTANCE --REVOLVING LOAN FUND PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME IN AN AMOUNT OF $100,000= CONTAINING A RE- PEALER PROVISION AND A SEVERABILITY CLAUSE, AND DISPENSING WITH THE REQUIRE- MENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS op THE MEMBERS OF THE COomssiou. 5 Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the uAmbere of the coamiission- AYES: - Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson NOES: Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9303 :he City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 32. REPORT BY MR JACK EARS ON COMPARISION OF INTEREST RATE FOR CITY BONDS VS. BONDS RECENTLY SOLD BY METRO Mayor Ferret On Item 10, Walter Pierce or... Mr. Manager, who did you have find out the last Metro bond sale? Mr. Gary: I had Mr. Eads. Mayor Ferret Mr. Eads, have you done that? Mr. Jack Eads: Yes, sir. Mayor Ferret Could you tell us for the record what that was and what their interest was? Mr. Eads: The last sale of bids was seaport revenue bonds... Mayor Ferret Joe, I can't hear you, what? Mr. Eads: The last bid sale by Metropolitan Dade County was seaport revenue bonds on July 23, 1981 and the interest rate was 11.045 percent. Mayor Ferret 11.045 and our lowest was how much? Mr. Gary: 10.8. Mayor Ferret 10.8. Mr. Eads: Mr. Mayor, there is's couple of other items that were interesting that took place in September of 1980. . Mayor Ferre: But that's not a valid comparison. 5 JUL 2 31981 F Mr. Eads: Ok. On that same date they sold, Dade County sold seventy-five million dollars, that's Julu 23, 1981, seventy-five million dollars of aviation bonds and the interest rate was 11.05 percent. Mayor Ferret In July of last year they sold... did we sell some at that time too. Now, as I recall last year we had a sale within thirty days, one of each other. Is that what you were going to tell us? Mr. Eads? Mr. Eads: I'm sorry, sir. Mayor Ferre: Last year, I think it was in July or in the Sumner, the City and the County both went to market about the same time, is that what you were going to tell us on the interest rates? Would you give us those figures then? Mr.'Gary% I'm sorry, sir, I didn't hear the question. Mayor Ferre: Metropolitan Dade County sold bonds in 1980, I think it was in June, July or August, the City of Miami, also, sold bonds, do you have the figures and the difference of interest at that time? Mr. Eads: No, sir, I don't have it for that time. I can't... Mayor Ferre: Mr. Manager, would you please send to the Commission and update on figures that Mr. Gunderson had previously submitted about two years ago, which was an ongoing record showing, once again, that despite the attacks of the editorial department of the Miami Herald and the Miami News about the financial condition of the City of Miami, we continue to sell our bonds at interest rates lower than Metropolitan Dade County and therefore, I guess the only ones who really believe that are the newspaper editorials that want to insist on saying that this City is in a weak financial position despite the fact that those who really make a judgement on that in Wall Street persist in giving us lower interest which must mean something. W' ; 33. TRANSFER ;3 0,000 OF BUILDING AND VEHICLE MAINTENANCE DEPT. EMERGENCY REPAIRS TO 20 WRECKED AND DISABLED POLICE VEHICLES L04 I Mayor Ferre: On to Item 11. Rev. Gibson: Move. Mayor Ferre: Alright, there is a motion on Item #11 and this is approving the transfer... Mr. Lacasa: Second. Mayor Ferre: Alright, it's been seconded by Lacasa, is there further discussion? Call the roll. The following resolution was introduced by Commissioner Plumper, who moved its adoption: RESOLUTION NO. 81-659 A RESOLUTION APPROVING, RATIFYING, AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING THE TRANSFER OF $30,000 WITHIN BUDGETED FUNDS OF THE BUILDING AND VEHICLE MAINTENANCE DEPART- MENT TO COVER THE COST OF EMERGENCY REPAIRS,TO 20 WRECKED AND DISABLED POLICE VEHICLES. (here follows body of resolution, omitted here and on file in the Office of the City Clark). JUL ^ 60 Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following votes AYEgs Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Terre. NOES: None. ABSENTs Mr. Carollo. 34. SUBMIT GRANT APPLICATION: CRIMES AGAINST THE ELDERLY PROGRAM Mayor Ferre: Item 12? It's been moved by Gibson, is there a second? Seconded by Lacasa, is there further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-660 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE BUREAU OF CRIMINAL JUSTICE ASSISTANCE, DIVISION OF STATE PLANNING, DEPARTMENT OF sm COMMUNITY AFFAIRS, STATE OF FLORIDA, FOR FUNDING OF THE CRIMES AGAINST THE ELDERLY (C.A.T.E.) PROGRAM FOR THE CITY OF MIAMI; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY AGREEMENTS TO IMPLEMENT THE PROGRAM UPON RECIEPT OF THE GRANT. (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: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ASSENT: Mr. Carollo. 35. APPROVE IN PRINCIPLE: DEVELOPMENT OF HOUSING PROJECT IN THE OVERTOWN NEIGHBORHOOD Mr. Lacasa: I move Item 13. Mayor Ferre: Is there a second? Seconded by Gibson, further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-661 A RESOLUTION APPROVING IN PRINCIPLE THE DEVELOPMENT OF A HOUSING PROJECT IN THE OVERT1OWN NEIGHBORHOOD AND DIRECTING THE V*1 JUL 2 31981 1 • CITY MANAGEit TO PROCEED WITH THE CITY' E A ICATION FOR AN URBAN DEVELOPMENT ACTION GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 36. AUTHORIZE CITY MANAGER TO NEGOTIATE ACQUISITION OF THE HIGHLAND PARK SCHOOL SITE C.D. BLOCK GRANT FUNDS Mayor Ferre: You want to move Item #14? Rev. Gibson: I move. Mr. Lacasa. Second. Mayor Ferre: Gibson moves, the acquisition of property in Highland Park School, seconded by Lacasa, further discussion? Mr. Plummer: Yes, under discussion. Let me try to remember... Mayor Ferre: There is a map right there. Mr. Plummer: Let me try and remember, Mr. Gary, and I want you to keep this in the back of your mind in the future, you know, this is property... who are we buying that from, Mr. Gary? Mr. Gary: The School Board. Mr. Plummer: Yes, ok. You remember when the School Board came here and begged and begged for dollars about programs that they had to have and we were the bad guys. Remember that? Mr. Gary: After school care programs. Mr. Plummer: After school, school resource officer program. You know, the dog's tail ain't wagging both the same way. Here we are asking the County for something and you know what, nice, big price tag that we are paying. How soon we forget that two governments are supposed to cooperate witt;7each other and I want to tell you something, this elephant ain't going to forget that by God they stuck it to us and made us look bad because we were the bad guys who were going to cut out these programs. Yet, when we go and ask for cooperation, they say "yea, we cooperate to the tune of two hundred fifteen thousand dollars" when they are getting a thirty-eight percent increase in their budget. Mayor Ferre: Is it that high? Mr. Plummer: Yes, sir. That's what they are proposing as I saw the other day. Whatever it is, ok. And they have got latitude in their budget. Yet, my people, the taxpayers of the City of Miami, are getting that cooperation shoved right in their face and I want to tell you this is one that's, going to be around to rwdnd them of what their price tag is on what they call cooperation. S2 JUL z1C;a1 i Mayor Ferret Ok, have we voted on this? Mr. Ongiet No, air. Mayor Ferret Call the roll. ON ROLL CATS, Mr. Plummer: I know the Mayor is going to vote "yes" and I want to register a protest vote and I'm going to vote "no", but I'ni putting it on the record that it's a protest vote, that I don't like having to pay for cooperation. Now, if the Mayor does something else I will reconsider my vote, but I'm telling you that my vote is one of protest. Mayor Ferre: I would like to also protest along with my colleague, Commissioner Plummer, but only one of us has the luxury of doing that today without... so I'm happy to say that I concur with his wisdom on this issue and I am voting "yes" because I don't think we have any choice but to move forward on this, unfortunately, but I completely concur with what Plummer has said. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-662 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE ACQUISITION OF THE HIGH- LAND PARK SCHOOL SITE FROM THE DADE COUNTY PUBLIC SCHOOLS FOR AN AMOUNT NOT TO EXCEED $215,000 WITH COMMUNITY DEVELOPMENT BLOCK GRANTS FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr, Lacasa, Rev. Gibson and Mayor Ferre. NOES: Mr. Plummer. ABSENT: Mr. Carollo. 37. SOLICIT BIDS FOR APPRAISAL SERVICES OF CERTAIN DESCRIBED PARCELS OF REAL PROPERTY - C.D. BLOCK GRANT FUNDS I-J. Mayor Ferre: Item 15, this is to solicit an appraisal for real property. Mr. Gary: Mr. Mayor, at the last meeting or the meeting before last, the City Commission agreed on a housing strategy and that housing strategy... Mayor Ferre: Alright, it's been moved by Lacasa, is there a second? Gibson seconds, further discussion? Call the roll. ON ROLL CALL: Mr. Plummer: I will vote "yes", but I want to know who this parking task force is. Mr. Garyt We are not on that one. —' Mayor Ferres No, no, J. L., we are on 15. We are not On Barton AsclAUn yet ? Mr. Plummer: Oh, ok, alright, I'm sorry. i JUL 2 31981 } Thq following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-663 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SOI:ICIT BIDS FOR APPRAISAL SERVICES NOT TO EXCEED $17,000 FOR THE APPRAISAL OF CERTAIN DESCRIBED PARCELS OF REAL PROPERTY IN THE CITY OF MIAMI AND ALLOCATING $17,000 OF COMMUNITY ( allXX GRANT FUNDS POR THE SAME. (Here follows.body of resolution, omitted here and on file in the Office of`the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 38. APPROVE IN PRINCIPLE: "INTERIM PARKING PLAN 1981-1985 CENTRAL baAMI FLORIDA"- DISCUSSION AND DEFERRAL Mayor Ferre: Alright, on Item #16, Mr. Manager, would you give the Commission some explanation on this? Mr. Gary: I will have the Planning Director, Mr. McManus to... Mayor Ferre: Mr. McManus? Mr. McManus: Mr. Mayor and members of the Commission, the representing consultant for Mr. Kenippe with the firm of -Barton Aschman will -have a very short presentation. Mayor Ferre: Mr. McManus, why don't you begin with answering Commissioner Plummer's question and that is, he asked the Administration, is who is this Committee, who composes of it and who appointed it? Mr. Gary: Put it on the record, read the memo. Mayor Ferre: The Committee is composed of the City of Miami Office of Parking, Construction and Management, Off -Street Parking Authority, the Downtown Development Authority, the City of Miami Public Works Department, City of M�am4 Planning Department, Metropolitan Planning Organization, Dade County Office of Transportation, MTA, Dade County Department of Traffic, Florida Department of Transportation District Office, Greater.Miami Chamber of Commerce, Downtown Business Association and concerned private citizens and organizations. That's the Task Force, right? Mr. McManus: Yes, Mr. Mayor: Mr. Plummer: But there is no names? Mr. McManus: Well, Commissioner, this same group, the same Committee was appointed and has been working for the past three months, working with a consultant in coming up with this plan. Mayor Ferre: Mr. McManus, why don't you do this, why don't you send to Commissioner Plummer and the rest of us the names of the individuals in those departments that I have read and private citizens that have been involved in 04 JUI. r 7`08i f the Task rorce meeting and how many meetings they have attended, ok? Mr. McManus: Certainly. Mayor Ferre: Go ahead and make your presentation. Mr. Barton Aschman: Mr. Mayor and Commissioners, I will make this brief, because I think you have had a chance to read this previously. I will make it brief and after it answer any questions you may have. Mr. Ongie: Your name, please, for the record. Mr. Gear Keneippe: My name is Gear Keneippe, I'm a senior Vice -President with Barton Aschman Associates, the firm selected to do this study. Basically, what the study encompasses is an estimation of what the parking shortages are today and over the next four or five years until about 1985. In 1985 because of certain construction projects underway now it's estimated there will be additional parking, not enough to meet the needs, but there will be some additional parking. In addition, by about that time the Metrorail is expected to be open and that will reduce somewhat the demand for parking. So, really our charge was to look at the interim requirements of parking to meet the needs from today for the next five years. We did this by looking at what the existing conditions were and looking at what the proposed new development projects that have been announced are going to involved in the way of new office buildings and thereby, new employees and so forth. We estimated the parking needs on a year by year basis and to summarize quickly what we found was, today there is a shortage of around three thousand to thirty-two hundred spaces as of... Mayor Ferre: Is that all? Mr. Keneippe: That's correct, today. Now, this is the peak hour demand. Now, during a total day, of course, considering turnover there would be a demand... there would be... more cars will be parked. Mayor Ferre: I will tell you, I am amazed that... you are telling me that the shortage in Downtown Miami for parking on a peak day is only three thousand, that's all? Mr. Keneippe: Approximately thirty-two hundred, that's right. Peak hour, peak hour, this is. Mayor Ferre: Yes, I heard you. Mr. Keneippe: On a typical week day. We estimate that based on what we see in the way of new developments that have been announced and implementing them into new employees and so forth, that this will increase to around four thousand or slightly more than four thousand by 1984 to 1985. Mayor Ferre: If you are taking into account the lots that are being closed down and the new garages that are being open during that period. Mr. Keneippe: Exactly, exactly. There are many new garages, of course, are under construction now, many new parking spaces and these have been considered in future years. They are not available today, but they will be in a -few years. Mayor Ferre: But they might be in 1984 and you have taken that iRto account. Mr. Keneippe: That's correct. That's correct. Mayor Ferre: Ok. Mr. Keneippe: Now, to meet this need, this immediate need which exist today and would exist over the next five years or so, we have really recommended three approaches all of which are what we have termed "Low capital intensive" instead of suggesting they go'out and build new garages because this could not be done quickly and it will certainly not be low cost. We have really looked at three methods of handling this. The first method is to have additional emphasis on the technique of car pooling and van pooling. This has been done to some extent already in the central area, but we think it offers the opportunity to provide quite a bit more relief to parking. The second JUL 2 31981 step is recognition as the Commission has, recently, that the automobile size is down sizing. Right today about half the care in use are small site, half of large size, bvt based on the... Mr. Plummer: We have already changed our ordinance, sir. Mr. Keneippe: That's right, you have recognized this. But many private operators have not, have not really made any changes and there are also many public facilities that have not been changed. So, we are suggesting that in recognition of this changing, reshrinking car size, that there be a restriping program. The purpose of this would be to down size through restriping and thereby create additional spaces. This would also contribute part to this requirement. Third element is the development of what we have termed "Intercept parking facilities". Now, these are the creation of relatively short term or lived parking lots. We have suggested three possible locations for this. One of these is the F.E.C. Property until it's turned into park use later on. This could be done immediately and would provide up to thirteen to fourteen hundred spaces really on the door step of Downtown. Mr. Plummer: Now, would you repeat that statement, sir? Because around here it's called the "Domino theory". Would you repeat that statement again? Mr. Keneippe: The first... there is three recommended locations for this interim parking facility or this intercept parking... Mr. Plummer: And I'm sure that it's coincidental that, that's the first one. Mr. Keneippe: However. Mayor Ferret Go ahead. Mr. Keneippe: The F.E.C. Property would provide capacity for really more than, but we have suggested thirteen hundred spaces initially and this would be for a short period of time, would be used for possibly at most, two years. Mr. Plummer: Now, sir, so that the record is clear, when you speak of F.E.C. Property, they own a lot of property. Mayor Ferre: He is talking about the PNO Property. Mr. Plummer: Buena Vista Yard. Mayor Ferret He is talking about the PNO Property. Mr. Keneippe: Exactly. Mr. Plummer: You are talking about the property that is now Bicentennial Park? Mr. Keneippe: That is correct. Mr. Plummer: Nothing more temporary around City Hall, nothing more permanent than a temporary situation. Go ahead, sir. Thank you. I knew you were coming with this, but I didn't know you were and when it was coming, but go ahead, sir. Mayor Ferret Well, what is your second recommendation? Mr. Keneippe: The second location suggested is, and the next two Zan be taken in either order, depending upon how the actual implementation may work out, would be in the Overtown area, property which is now has been acquired for housing, but because of possible delays it could be used for parking for the next year or two. Mayor Ferret Where? Mr. Keneippe: Do you have a specific location there, Joe? It's between 5th and 6th... Mr. Gary: 5th and 6th Street. Mr- KeneiPPei It's identified as the ---between 5th and 6th No thwest 4th t Northwest 6th Avenues and this could provide up to six hundred spaces. Again, this would be a temporary base. JUL 3 19 81 Mayor Ferret Who has feet title to that property? Is that HUD? trade County HUD? And this is on the other side of the expressway? Mr. Plummer: At the Police Station. Mayor Ferret But North of the Police Station? Mr. Plummer: No, West. Mr. Keneippe: West of it. Mayor Fe�:re: But is it North of the Police Station? Mr. Keneippe: It's almost directly West of the Police garage. Mr. Plummer: You are talking about 4th to 5th Street and from 3rd Avenue? Mr. Keneippe: 4th to 6th. Mayor Ferre: Is that where the bus garage used to be? Mr. Plummer: No, my good friend is there, Mullin, Moon Mullin is there and the rest of it is pret-ty well vacant. Mayor Ferre: Alright, go ahead. Mr. Keneippe: And the third possibility is up in the North part of the area and what we have called "Intercept lot "B", there would be a Northeast 19th Street and 2nd Avenue. This is near a synagogue and we would utilize the synagogue facilities and the City property on either side of it. Mr. Plummer: You are not going to touch the cemetery are you? Mr. Keneippe: No, no. No, no. Mayor Ferre: You are talking about the property North of the cemetery? Mr. Plummer: Between the City cemetery and Temple Israel. Mr. Keneippe: That is correct. Mr. Plummer: It's a park now. Mr. Keneippe: That is correct. Mr. Plummer: That is purse snatchers get away park. Mayor Ferre: Well, in the first place it's really far away. Mr. Keneippq: It is, it �s far away, no question. Mr. Plummer: Everybody that snatches purses at the Grand Union runs through that park in the cemetery West. Mr. Keneippe: Well, we think the actual implementation ---we outlined the program in the report--- we think the actual implementation would really be in the bailiwick of the Task Force that Mr. McManus has suaaested. But we think that through these means there would be sufficient parking c4pacity developed by 1982 approximately, to handle the needs up through 1985 at which time additional parking would be available through current construction programs and through the... a reduction in parking demand through the use of the new Rapid Transit. Mayor Ferre: Alright, thank you, sir. What is the recommendation of the Administration? Mr. Hadley, I will recognize you in just a moment after we get the recommendation. Mr. McManus: Mr. Mayor and members of the Commission, we have offered for your consideration a resolution that essentially adds the third intercept lot to the consultants report, directs the City Manager to appoint a parking management task force with the rship to be composed pretty much as 67 JUL 2 31981 i 3 a described in the memo and to have that Task force further the intent and to oversee the completion of this interim parking. Mayor Ferre: Well, does this resolution commit us in a final form to this direction or is it just an interim type of a thing to permit you to continue and then come back with a specific recommendation? Mr. McManus: We would continue on and come back to you with a specific recommendation. Fox example, Obviously, to use any City property we would come back to you specificalAy with a recommendation. Mayor Ferre: You see, I... because I know what my colleague, Plummer, feels because he has expressed it in the past and I in the attempt to try and get his vote on this thing, I just want to see if what we are doing here is chiseled in stone or whether in effect, what we are doing is telling the Task Force to continue and then come back with a very specific recommendation. Mr. Plummer: Mr. Mayor, it's simple to get my vote on this issue by removing the PNO Docks or Bayfront Park or Ui-entennial, the twenty-three million dollar parking lot from the proposal and I will vote for it. That's simple, you want my vote? Mayor Ferre: Well, ok. Well, then, in other words, we are going to have to either... In other words, what the Administration after study of the Task Force and this Committee and the Barton Aschman people «re recommending, is that we proceed as they have outlined here. Is that your recommendation? Mr. Gary: Well, the resolution in an intent was to permit us to implement. Mayor Ferre: Ok, well, then, in other words, we are there. We are at the hard decision. Now, Plummer, again, if you wish to have this thing held up until we have a full Commission, that's ok with me. So, it's your decision or anybody else. Mr. Plummer; Well, Mr. Mayor, you know, like me or dislike me, I'm pretty consistent, ok? And all I can say to you, Mr. Mayor, you know, I am still operating under the great proposal of Plummer's P5 Program. a Mayor Ferre: What's that? Mr. Plummer: And I developed that P5 Program from a man who many years ago got before that microphone and that's Plummer's proposal, parks are for people, not parking. I remember a very well, silver tongue orator that stood up here before this Commission and talked about parks are for people, not for pigeons. Now, I'm saying, modifying the Plummer 5 Program, that parks are for people, not for parking. Mayor Ferre: Or pigeons. Mr. Plummer: Well, I'm not going to worry about the pigeons, that was your bits. You know, the pigeons can be shooed away. The cars can't. Mr. Mayor, I am not under any circumstances going to allow property that we are paying twenty-three million dollars to acquire to be used for a parking lot. So I'm not sorry. I'm sorry that Mr. Carollo is not here to vote on it. Mayor Ferre: Well, what do you want to do? You want to vote or you want to hold it up? Rev. Gibson: No, let's hold it up.. Mayor Ferre: You want to hold it up? Mr. Plummer: Well, why dots it need my vote, you can pass it with a majority? Mayor Ferre: Well, I have no objection, I'm just giving you that choice as we said t4iis morning. Mr. Plummer: Well, no, sir, I'm not changing my vote. So, if you don't need four affirmative votes land you all want to go with it that's your bid. Mayor Ferre: Is that alright with you? Rev. Gibson: No, I want to wait. 8 JUL � �'981 Mayor Ferre: Alright, Father Gibson, wants to wait until Carollo is here and we have a full Commission. Mr. Hadley? Mr. Charles Hadley: Commissioner, I think you should pull #2. 1 can't see where you are. going to use this for a parking lot. Mayor Ferre: Mr. Hadley, where... on item... Mr. Hadley: We are talking about the same thing that he is talking about, 4th Avenue and 6th Street. The Little HUD has already been approved, the building of townhouses there and the County Commission has already approved and we have already voted as taxpayers following you people on a so many million dollars for housing for people. Now, you want to take this place and say "Let's build some place for parking, people to phrk their cars". Somebody need to get their houses in order. Mr. Plummer: Charlie, excuse me, I believe you are talking between 5th and 6th Street, not 4th and 5th. ` Mr. Hadley: No, sir, you get... you look to Mel, he is on the Little HUD Board and he is a wise man. He told you hold up. Mr. Plummer: Ok, well, I have no problem... Mr. Hadley: And I want to tell this man here, he need to get together with the housing authority, with HUD. Mayor Ferre: Alright, Charlie, we are... Mr. Hadley: No need to come down here with everything, because I'm just out here observing. And I didn't even think, he would think about this. Mayor Ferre: Father Gibson, has requested that this matter be held up until we have a full Commission and at that time would you please... Mr. Hadley? Mr. Manager, would you please let, Mr. Hadley, know when this item is coming up. Mr. Gary: Yes, sir. Mayor Ferre: So that he, if he wishes to be present for the discussion when we have a full Commission meeting at the request of, Father Gibson. Mr. Hadley: Mr. Chairman, we the Director of HUD and you work well with him, that's named Mel Adams. There is no need trying to put parking where you already got houses to be built. Mayor Ferre: Alright. Mr. Plummer: Well, Mr. Mayor, I think he brings a point well to the Commission and I would hope that the motion of deferral would be that at the time this matter is brought back before the Commission, that Mr. Mel Adams is here to speak to the issue. Mayor Ferre: Yes, sir, we will do it that way. Would you so advise, Mr. McManus. We are now... Mr. McManus: Mr. Mayor and members of the Commission, as a point of information, we had not considered that particular site and it was only at the, insistence of Mrs. Jackie Bell... Mayor Ferre: Mr. McManus, don't take up the time of this Commission explaining things that don't need explaining. We are not taking it up now, you go tell Mr. Hadley, that this is not being considered, that's all he wants to hear. And then don't take up the time of.this Commission. So now... is there... Father Gibson moves that Item 16 be deferred, Plummer seconds, further discussion? Call the roll, please. JUL 2 31981 V9 Tha following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-664 A MOTION TO DEFER CONSIDERATION OF A REPORT ENTITLE "INTERIM PARKING PLAN 1991-1985 CENTRAL. MIAKI FLORIDA", FURTHER INSTRUCTING THE CITY MANAGER TO NOTIFY MEL ADAMS OF H.U.D., AND MR. CHARLES HADLEY TO BE PRESENT DURING THE DISCUSSION OF THIS MATTER AT THE SEPTEMBER 107H CITY COMMISSION MEETING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 39. SUPPORT GROVE HOUSE INC. IN THEIR EFFORT TO REMAIN IN COCONUT GROVE IN ITS PRESENT LOCATION I �S '9 a Mayor Ferret Now, we are on Item 1#16A, which is Grove House Inc. Is there any problem with that? Gibson moves, and it's been seconded by Lacasa, is there further discussion? Mr. Plummer: This doesn't cost the City anything, right? Mayor Ferre: No, this is a letter from George Firestone saying we are all for it. Mr. Plummer: Ok, fine. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-665 A RESOLUTION IN SUPPORT OF GROVE HOUSE, INC. IN ITS EFFORT TO REMAIN IN COCONUT GROVE IN ITS PRESENT LOCATION BY URGING THE SECRETARY OF THE STATE OF FLORIDA TO PERMIT GROVE HOUSE AND THE COCONUT GROVE COMMUNITY TO RAISE THE FUNDS NEEDED TO SUPPLEMENT STATE -APPROPRIATED FUNDS FOR THE PURPOSE OF MAKING NECESSARY ROOFING AND STRUCTURAL REPATRS TO GROVE HOUSE SCHOOL BUILDING; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THE HEREIN RESOLUTION TO THE HONORABLE GEORGE FIRESTONE, SECRETARY OF STATE. 1 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Terre. NOES: None. ABSENT: Mr. Carollo. 70 JUL 99$t t 3 1 40. AI;U ►TE $25,321 FROM UNUSED REFUGEE EMERGENCY ASSISTANCE PROGRAMS FjATERIAL NEEDS OF CUBA$ AND HAITIAN REFUGEES } 1 Mr. Lacasa: Move Item 17. Mayor Ferret Lacasa move Item 17, Gibson seconds, further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-666 A RESOLUTION ALLOCATING $25,321.39 FROM UNUSED REFUGEE EMERGENCY ASSISTANCE PRO- GRAM FUNDS TO TH9 CATHOLIC SERVICE BUREAU, MIAMI REGION, FOR THE PURPOSE OF MEETING THE MATERIAL NEEDS OF THE CUBAN AND HAITIAN REFUGEES BEING SERVED BY SAID AGENCY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 41. WAIVE FULL RENTAL FEE FOR USE OF THE ORANGE BOWL STADIUM "1981 CELEBRATION OF GREAT BANDS: i Mayor Ferret We are now on Item 18. Mr. Lacasa: Move. Mayor Ferret Moved by Lacasa, is there a second? Is there a second to Item 18? Mr. Plummer: Tell me more about it. Mr. Gary: #18, this is an ongoing celebration of the great bands that we do every year. Obviously, this is a band competition that we have at the Orange Bowl. What they are asking for is a... Mr. Plummer: And the School Board is one of the sponsors, right? Mr. Gary: Yes, they are the... Mr. Plummer: The School Board that we just paid'two hundred fifteen thousand dollars to get a piece of property and that's cooperation. You know, strange, isn't it? Huh? Strange, isn't it? Mayor Ferret Well, what Rio you want to do? JUL 2 31981 171 Mr. pitn"r: You go ahead, you guys pass it. That same protest vote is going to be there Again. Mayor Fevre: Alright, Mr. Lacasa, has already saved... Mr. PImmer: Well, you know, budget is around the corner and you better figs out right now whether you .cant bands or butter, because the question • is. going to be answered. Mayor Ferret Now much is this going to cost us again, fifteen hundred dollaret Mr. Plummer: If it's one dollar it's too much. Mr. Gary: Fifteen hundred dollars. Mayor Ferret Gibson, you want to second that? Rev. Gibson: Yes, I will second it. Mayor Ferret Alright, Father Gibson, has already seconded it, is there further discussion? Rev. Gibson: I want to second it, but I want to send the School Board a message. Mr. Manager, I wish you would write them and tell them we are very, very concerned that whenever they want something they come down here and plead and cry. Mr. Plummer: Oh, they are not even here. They have got us in their pocket. They don't need to come here and beg and cry. Rev. Gibson: I always remember that school up there on 62nd Street. You remember that, Plummer? Mr. Plummer: Oh, yes. Rev. Gibson: The day they came here and she acted as if they didn't need us at all. Mr. Plummer: That's right. Rev. Gibson: We want them to know that we don't expect that kind of action. Mayor Ferro: Alright, under those conditions, call the ro',, ON ROLL CALL: Mr. Plummer: I vote for butter instead of bands. I vote "no". Mayor Ferro: Well, I got to, you know, I have got to make a comment into the record on that one. You know, it isn't that I'm for gutter over bands, it's that this is a bunch of kids that are part of the Dade County Public School, Black and White, Cuban and Anglo, Latin, people from all walks of life and this is a celebration where all these kids get together at the Orange Bowl and have a... you know and I just find... .6 Mr. Plummer: Mr. Mayor, I got no... Mayor Ferret ... J. L., let me finish. I find it just difficult to deny for fifteen hundred dollars all these kids the pleasure that they are going to get out of doing all of this. Now,... and I realize that the School Board, they have not been fair and generous or even just with us, but I think that the way, Father, is doing it is the appropriate way and since this thing is around the corner... now, when is it, July? Oh, it's November 7th. Well, let's do it this way and then, please, send word to theca. So, I vote "yes". Mr. Flummer: Mr. !mayor, I agree: with you and I don't want to take the kids and make theme the whipping boy, but if it's so dam important as that you can t tell me that the School Board, the sponsor couldn't find fifteen hundred dollars. 72 The following resolution was introduced by Comlaissioner Lacasa, ubo moved its adoption: RESOLUTION NO. 81-667 A RESOLUTION WAIVING THE FULL RENTAL FEE FOR THE USE OF THE ORANGE BOWL STADIUM ON NOVEMBER 7, 1981 FOR PRESENTATION OF THE "1981 CELEBRATION OF GREAT — BANDS" TO BE CO -SPONSORED BY THE CITY OF MIAMI, DADE COUNTY PUBLIC SCHOOLS, THE ORANGE BOWL CO20ATTEE AND THE FLORIDA BANDMASTERS ASSOCIATION, SUBJECT TO PAY- MENT FOR EVENT PERSONNEL, ELECTRICITY, INSURANCE, AND — OTHER DIRECT COSTS BORNE BY THE CITY; ALLOCATING $1,500 FROM SPECIAL PROGRAMS AND ACCOUNTS - QUALITY OF LIFE PROGRAM - FEE WAIVERS, TO COVER THE COST OF THE SAID WAIVER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: Mr. Plummer. ABSENT: Mr. Carollo. 42. DISCUSSION ITEM: EXPRESS APPRECIATION TO W.Q.B.A. ETC. Mayor Ferre: Listen on Item #17, I know we have presented a resolution to W.Q.B.A. and the Junta Patriotica and all that, but shouldn't we do something special? Now, they did raise fifty thousand dollars. UNIDENTIFIED SPEAXER: We are only using the portion that they raised and we are taking the City money and putting it back in the general fund. Mayor Ferro: But have we recognized them sufficiently, is the question? Mr. Gary: Have we done what? Mayor Ferre: Have we recognized them sufficiently? Item 17, sir. Mr. Gary: Yes, what do you mean by recognizing them? Mr. Plummer: The people that did the good work. rn Mayor Ferre: Well, they raised fifty-three thousand dollars. Have we given them sufficient... I mean, are we grateful? Are we just going to take it and say "Thanks"? Mr. Gary: Yes, well, I think we have thanked them and you have thanked them here publicly because I rgcall whoa they came here to make that offer. What I would suggest, though, we may want to further give them a commendation if the, Mayor, so desires. Mayor Ferres It seems to me that this Comission, when somebody goes out and raise fifty- tpre4 thousand dollars, turns it over to the City and this helps for emergency foal, transportation, medicine, for both Cuban and Haitians, I think we need to really,.. I wean, how many people that you know have done that in the last ten years? 73 JUL 2 31981 Mr. Lacasas Mr. Mayor, I would like to make a notion that, we in the City Commission express our appreciation and gratitude by means of preparing a commendation signed by all the City Commissioners. Mayor Ferre: But we have already given them a commendation, you see, so that would be a duplication of what's been done. I don't know, perhaps we ought to spend a little money and get a plaque, for example, rather than another piece of paper. We ought to get this in a very nice bronze plaque of some sort. Hey, they raised fifty-three thousand dollars for us, the least we owe them is a little recognition other than a piece of paper that says "This certifies that you helped us. Well, it would be to the people who did it, WQBA and that... (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Well, what more do you want? And how about the patriotic front. Aren't they the two that did the work? (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Who else? (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Well, I can... if we get any individuals, that will be at ten thousand people. I think we can only recognize the institutions, ok? 43. DEFERRAL OF CONSIDERATION: AGREEMENT FOR BUS SHELTERS Mayor Ferre: Commissioner Schreiber. Mr. Barry Schreiber: I'm here on an item... Mr. Manager, which item is it? Mr. Gary: Item #39 and Item #40. Mr. Schreiber: Along with Mr. Dubbin, I must get back to the County Commission by 2, I would certainly appreciate you taking that up. Mayor Ferre: Mr. Schreiber, you had called a member of the staff, I think Walter Pierce,now, and asked him to put an item in a certain sequence. Now, once the budget is... I mean, once the agenda is set and of course, the Chair has to change the sequence and I told Mr. Pierce, to let you know that we would call you and let you know a half hour before it came up. Mr. Schreiber: I received a call to be here by 1 o'clock. Mayor Ferre: I see. So that wasn't what I told you, Mr. Pierce? Mr. Walter Pierce: No, Mr. Mayor, but you were moving the agenda so fast I didn't even talk to you. (COMMENT INAUDIBLE). Mayor Ferre: Now, Mr. Pierce,... alright, I'm going to take it on right now. But Mr. Pierce, just future reference may I tell you, you said "Could we take it up at 2 o'clock?" and I said "No, sir, we cannot take it up at 2 o'clock. I will let you know one half hour before we will take it up, so that you will let Commissioner Schreiber know so that he will not sit around wasting his valuable time." Now, my question to you, sir, why wasn't that done? Mr. Pierces Mr. Mayor, at 12:15 the Commission started to move through Items 3 forward in a very rapid motion and I hadn't been able to get any indication from you, so I took the liberty of calling Commissioner Schreiber and Mr. Dubbin to aQvise them that they may get into that earlier, knowing the lunch had not yet arrived. 74 JUL 231981 UNltiEMPIM SPEAKERi Mr. Mayor, ... Mayor Ferret Excuse me, just for the record I want to say that we are talking about Items 39 and 40... UNIDENTIFIED SPEAKER: Yes. Mayor Ferret And we still have to discuss... we are on Item 19, which happens to be the millage rate, which you know is going to take up a lot of time. So, I don't know how you could possibly conclude that, but let it ride for now and I will just say in the future, Mr. Pierce, if you have any questions as to the way I ask you to do things... Now, I don't mind you challenging the Chair, but I want you to db it officially and publicly through the microphone rather than assuming this on your on. Alright, Commissioner, go ahead. Mr. Schreiber: Mr. Mayor „ both Mr. Dubbin and myself, we do not like to see a chastisement for someone's good intentions. We would both be happy to come back later on this afternoon. Mayor Ferret No, air, I wouldn't want to embarrass anybody any further, I just think... I'm sure, ter. Schreiber, if I understand the way you function in your endeavors that when a member of the Commission or the Mayor request something of staff that you usually expect for that to be done in the way that you request and I'm doing nothing more than that at this time in making it clear for future reference. Ok, sir? Now, if we can proceed with Item 39, which is not a scheduled item at this time. Proceed. Mr. Schreiber: Mr. Mayor and members of the Commission who are present, we would just like this Commission to ratify the actions that it took by motion a number of weeks ago. Your agenda kit will contain a recommendation by the City manager on both Item 39 and 40, which is the ratification or awarding of the -bid to "Convenience and Safety" for the Bus Shelters and Bus Benches Corporation for the.....(INAUAIBLF.). Mayor Ferret The problem that I have now, Mr. Manager, is that there is a firm who wishes to oppose this and that firm is represented by attorney Dan Paul and Mr. Dan Paul requested the courtesy of being notified and I told him that Commissioner Schreiber had requested that this matter be on at 2 o'clock that I would give him a half hour notice. My problem is, that because of the request that I made of Mr. Pierce, therefore, I cannot at this time do anything, but give Mr. Dan Paul the courtesy of a half hour notice , which I will be happy to do and when he arrives we can take this particular item up. I mean, that's - the least that I can do for him when he requested the same courtesy that's being extended. Now, that is not the case, Mr. Dubbin, in the case of the bus benches, because I do not know of any opposition to the bus bench issue. Is that correct, Clark? So I got no problems in taking up Item 40 and I will certainly... Mr. Schreiber: Alright, on Item 39, Mr. Mayor, I would prefer, because I can't wait, I would prefer either a time certain this afternoon or deferral to the next time this Commission meets. Mr. Plummer: I move we defer until September loth. Mayor Ferret As you wish. Mr. Schreiber: As I wish. Mr. Plummer: There is•aao way you can get a definite time, Barry. - Mr. Schreiber: Well, but you know, I would have preferred the staff having called Mr. Paul at the same time, so if that information wasn't transmitted to Mr. Pierce, I would prefer to just have it taken over the next time you meet. Mayor Ferret Barry, we can do it in a half hour, we can do it later on this afternoon or we can do it on' September loth. Mr. Schreiber: Well, I have a -commitment to my Commission to be back at 2 o'clock and I will have been here since 1 o'clock based on the phone call and if Mr. Paul, would have been called at the same time we could have taken it now. That not being the case, I would prefer the thing being pushed over until September. 75 JUL 231981 Mr. Lacasa: Mr. Schreiber, what time is youv Commission meeting over, because we will be here all night long, so I don't mind introducing this any time that you have to come back. Mr. Schreiber: But if you will tell me not to come back until a certain time then I can do that, but I don't want to stay here until 2 o'clock. Mr. Plummer: The man is willing to make your day easier by saying he has no problem with September loth and we got an agenda that's going to keep us here until 2 o'clock. Mr. Schreiber: I would be very happy if it was set to September loth. Mayor Ferre: No, wait a minute, Barry, you want to get this over with, I assume and I want to get it over with, too, ok? r Mr. Schreiber: Mr. Mayor, I will be happy if it's set September loth? Mr. Plummer: I make a motion that it be deferred until September loth. My God, the man is going to take a half hour off of me today, I'm tickled pink. Anybody else want that offer? Mayor Ferre: There is a motion that this item be deferred to September 10th, seconded, further discussion? Call the roll. THEREUPON THE FOREGOING MOTION TO DEFER AGENDA ITEM NO. 39 to September 10, 1981 was introduced by Commissioner Plummer and seconded by Commissioner Gibson, and was passed by the following vote: — AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. FURTHER DISCUSSION: Mayor Ferre: Would the Manager, please, put this at a specific time on the = September loth agenda, so that Commissioner Schreiber and Ken Treister and Dan Paul are so advised? - Mr. Gary: Yes, sir. 44. NEGOTIATE AGREEMENT: BUS BENCHES COMPANY FOR PROVIDING BUS BENCHES I . Mayor Ferre: Commissioner Lacasa moves Item 40 and Father Gibson seconds, further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoptions RESOLUTION NO. 81-668 ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH BUS BENCHES COMPANY TO PROVIDE BUS BENCHES WITH AND WITHOUT ADVERTISING AT BUS STOPS LOCATED WITHIN THE CITY OF MIAMI BASED UPON THEIR BID SUBMITTED TO THE CITY OF MIAMI ON JUNE 24, 1981 AND TO SUBMIT SUCH AGREEMENT TO THE CITY COMMISSION FOR ITS APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following votes '76 JUL19 L2 81 AytB: Mr. plunyaer, Mr. r acaear Rev. dibson and Mayor Ferre. 1=8 s stone. A88UTs Mr. Carollo. 4S. ACCEPT GRANT AWARDs STAFF TRAINING FOR ADAPTED RECREATION 47H YEAR Mayor Ferre: Plummer moves Item 20, is there a second? Lacasa seconds. Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-669 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE U. S. DEPART- MENT OF EDUCATION FOR STAFF TRAINING FOR ADAPT- MM RECREATION (47H YEAR) AND FURTHER AUTHORIZ- ING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) TO IMPLEMENT THIS PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 46. AUTHORIZE AGREEMENT: COCONUT GROVE CARES INC. FOR OPERATION OF ELIZABETH VIRRICK GYMNASIUM Mayor Ferre: Alright, we are on Item 21, it's been moved and seconded, further discussion? Mr. Plummer: I am assuming by Elizabeth Virrick's non -presence that she is in agreement and happy. Mr. Gary: Very happy. Mr. Plummer: I move it. !Mayor Ferre: Call the Droll. 77 Jul. 2 � iQ91 - { 1 The following resolution was introduced by Commissioner PlUfter, who MOVW its adoptions RESOLUTION No. 81-670 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER IN AN AGREEMENT, IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO, WITH COCONUT GROVES CARES, INC. FOR THE OPERATION OF T ELIZABETH VIRRICK GYMNASIUM WITH FUNDS THERE- FOR ALLOCATED IN THE AMOUNT OF $55,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, 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 Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. *NOTE FOR RECORD: AGENDA ITEM 22 WAS DEFERRED 47. CONFIRM ACTION AND ENTER INTO AGREEMENT: PUBLIC HEALTH TRUST OF DADE CO. - COORDINATION OF EMERGENCY MEDICAL SERVICES Mayor Ferre: Moved by Gibson, is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer, further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-671 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN ENTERING INTO THE ATTACHED AGREEMENT WITH THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, WHICH OPERATES JACKSON MEMORIAL HOSPITAL, AND THE UNIVERSITY OF MIAMI, FOR THE COORDINATION OF EMERGENCY MEDICAL SERVICES, PROVIDED BY THE RESCUE DIVISION OF THE CITY OF MIAMI FIRE DEPARTMENT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH THEREIN; WITH FUNDS THEREFOR IN THE AMOUNT OF $10,000 ALLOCATED FROM THE FIRE DEPARTMENT"S GENERAL OPERATING BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was paused and adopted by the following votes AYES$ Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOEPs None. JUL 2 31981 AMENTs Mr. Carollo. to *NOTE FOR THE RECORD: AGENDA ITEM 24 WAS WITHDRAWN 48. AUTHORIZE AGREEMENT: SARAN Be EATON CONSULTANT SERVICES CITY HERITAGE CONSERVATION PROJECT Mayor Ferre: We are now on Item 26. Would you tell us who Sarah Eaton is? How she was chosen? And I understand it, these funds are coming from the Department of the Interior and National Endowment For The Arts joint project with Dade County. How was Mrs. Eaton selected? I notice that she is from Savannah, Georgia and she is a super expert in architectual history and editor and so on and seems to be a... Mr. Reid: Mr. Mayor, this was the result of a national advertisement that she responded to along with another... Mayor Ferre: Well, who chose her? did you choose her? Mr. Reid: It was selected by the Planning Department, yes. Mayor Ferre: Yes, and we are getting funds from the National Trust? Mr. Reid: That's right, this is being funded by two grants. Mayor Ferro: And what is Mrs. Eaton going to do? Mr. Reid: She is going to help us prepare for the City as we have suggested in the past and discussed with the Commission a historic preservation plan. Mayor Ferre: She is a recognized expert in this field? Mr. Reid: She is a recognized expert in the field. Mr. Plummer: And how much is she going to make? Mr. Reid: She is going to make twenty thousand dollars under the contract. Mr. Plummer: Is she moving to Miami? Mr. Reid: She will be physically located here for the purposes of this work, yes. Mr. Plummer: But is she opening an office in Miami? Mayor Ferre: J. L.,... Mr. Reid: She is going to be located... yes, she will be living here full-time. Mayor Ferre: ... this is monies we are getting from Washington for a very specific purpose. We have had a hard time getting these funds, let's not jeopardize... I mean, you know, at the Reagan Administration, the moment you give them an excuse to yank it, they are going to yank all funds. So, for goodness sakes, we have gone this far, they have...I don't know who Sarah Eaton is from Eve and as far as I'm concerned, if you have gone and checked her out... and I don't care whether she lives in... if she is an Eskimo from Alaska or she is from Savannah, Georgia, if she is qualified, you have checked it out and we can get the grant from Washington, let's go on with it. Mr. Lacasa: Move. Mayor Ferre: So, Lacasa moves, Gibson seconds, further discussion? Call the roll. "in JUL 4`01 100 The following resolution flag introduced by Cotnnissioner r actea, vW ; � ite a�o�sti+�nf MSOLU1'ION NO, 81-672 A RESOLUTION AUTHOMING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN SUBSTANTIAL ACCORD F ;= WITH FORM OF THE ATTACHED AGREEMEW WITH SAPM E. EATON FOR SERVICES AS CONSULTANT, IN CONNECTION WITH THE CITY OF MIAMI'S HERITAGE CONSERVATION PROJECT, WITH FUNDS THEREFORE TO BE EXPENDED FROM 7TH YEAR C.D.s (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: Mr. Plummer. ABSENT: Mr. Carollo. 49. AUTHORIZE AGREEMENT: MARK ISRAEL - "MAN IN WASHINGTON PROGRAM" Mayor Ferre: Item 27 is Mark Israel. Is there a motion? Lacasa moves, who seconds? Mr. Plummer: I will second. Mayor Ferre: Plummer seconds, further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-673 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D. C., MR. MARK ISRAEL, AS PART OF THE MAN IN WASHINGTON PROGRAM; FURTHER AUTHORIZING THE PAYMENT OF $12,000 AS A FEE FOR SAID SERVICES, PAYABLE IN 12 EQUAL MONTHLY INSTALLMENTSi FURTHER AUTHORIZING AN ADDITIONAL SUM NOT TO EXCEED $4,000 FOR REIMBURSEMENT OF OUT-OF-POCKET DISBURSEMENTS; WITH FUNDS THERE- FOR ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, SPECIAL SERVICES, LIAISON - MAN IN WASHINGTON PROGRAM, CODE NO. 920207-270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Cocaaaissioner Gibson, the resolution was passed and adopted by the following vote: AYE6c Mr, Plummer, Mr. Lacasa, Rev. Gibson and Mayor Fevre, None. J1,ASENT: Mr. Carollo, ©(i J U L 2 3 1981 SO. AUTHORIZE MIAMI - DADE COMMUNITY COLLEGE NEW WORLD CENTER FOR USE OF MIAMI BASEBALL STADIUM, WAIVING NORMAL USE FEE ETC. Mayor Ferret. How about Item 28, any problem with that? This is the baseball for New World Center Campus. Mr. Plummer: How much are they going to pay us? Mayor Ferre: Well, we moved on this whole thing the last time in a motion. Mr. Gary: No, this is something different. This is for the use of the Miami Baseball Stadium. Mr. Plummer: How much? Mr. Gary: Right now they don't provide us any funding, except for the cost associated with electricity, cleaning up, no fee. Mr. Plummer: Ok, but they are going to pay every bit of our expenses? Mr. Gary: Exactly. Mr. Plummer: Ground keepers, electricians. Mr. Gary: Exactly. We make no profit, but they cover our expenses. Mayor Ferre: Gibson moves, who seconds? Mr. Plummer: Second. Mayor Ferre: Seconded, further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-674 A RESOLUTION AUTHORIZING MIAMI-DADE COMMUNITY COLLEGE, NEW WORLD CENTER CAMPUS, THE USE OF MIAMI BASEBALL STADIUM FOR BASEBALL PRACTICE SESSIONS OR THE PLAYING OF REGULAR BASEBALL GAMES; WAIVING THE NORMAL USE FEE; REQUIRING PAYMENT OF ANY COSTS; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT REFELECTING THE TERMS AND CONDITIONS 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 Plu=er, the resolution pas passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferro. NOES: None. ABSENT: Mr. Carollo. 01 JUL 2 or.551981 /la 51. EXECUTE AGREEMENT: ALLhPATTAH MERCHA!rrS ASSOCIATION INC. YEARLY FUNDING - $50,000 Mayor Ferret Take up Item 29, Allapattah Merchants Association. Any problem on that? Mr. Gary: Mr. Mayor, we had the meeting as directed by the City Commission to see if we could get the two organizations to come together. The organizations met and they agreed that they could not get together and the City Administration, C.D. Advisory Board is recommending that we execute the agreement with Allapattah Merchants Association for fifty thousand dollars. Rev. Gibson: Mr. Mayor, let me ask you, are both parties here? Mr. Gary: I'm not sure. Rev. Gibson: Well, I'm not going to vote unless both parties are here. Mayor Ferret . Alright, they are both here. Rev. Gibson: I want to hear from both parties. Mayor Ferret Lacasa moves that both parties be funded equally fifty thousand dollars. Is that correct Mr. Lacasa? Mr. Lacasa: Yes, sir. Rev. Gibson: I will second it. Mayor Ferre: Is there a second? Alright, under discussion. Rev. Gibson: No, let them both be heard. I think that when we say to people from this Commission,...Iet me put this in the record, so nobody would... I think that when we say to people in this Commission, you go back, come together, try to effectuate an understanding, we mean business and we mean that you at least put forth an effort. Now, if what I was told was right, I have some serious concerns about your actions. Now, I want to hear both sides. Mr. Plummer: Did staff meet with both sides? Mayor Ferret Wait a minute, out of courtesy now... this is a hot item, are we going to vote on this without a full Commission? Because I got a feeling this thing may be going on a two to two vote? Mr. Lacasa: Do they have... Rev. Gibson: I move to postpone. Mayor Ferret Wait a minute, you don't have to move to postpone. We agreed that if anybody wish to put this thing off until there is a full Commission, we will do it. Mr. Lacasa: What is the situation about finances, because I understand that these people have... that the funding on both have expired and they don't have what to go on and they will have to discontinue services at this point unless there is a continuation of funding until we decide. If we are going to move to postpone, then what we will have to do here is to prorate funding for continuation purposes and I have no problem with that. Rev. Gibson: Well, then, I think we have to formalize it, Father. Alright, Father made the motion and I said that we didn't need to do it formally, but we do because of what Lacasa just pointed out. So, Father, if you would then make your notion in the sense that we are putting this off until we have a full Commission. In the meantime, there will be funding for both groups for It's continuation. JUL 2 31981 82 0 Mr. Plinmers on a daily basis. Mayor Terre: on a daily basis. Rev. Gibson: I would move that, sir. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Alright, now, under discussion. Urra, you want to say something? Mr. Urra: (SPEAKS IN SPANISH). Mayor Ferre: (SPEAKS IN SPANISH). Mr. Urra: (SPEAKS IN SPANISH WITH TRANSLATOR). TRANSLATOR UNIDENTIFIED: He wants to point out that this duplicity of programs... he believes that you should not...(INAUDIBLE)...no matter what political pressures. That mistake should not be repeated of funding a duplicate program. He would be back the next time you meet on this. Mayor Ferre: Gates? September loth. Mr. Gates: (SPEAKS IN SPANISH WITH TRANSLATOR). TRANSLATOR UNIDENTIFIED: He is going to speak, not as a newspaper publisher, but as a private citizen,'I guess. He has lived twenty years in Allapattah. He doesn't understand why at this moment when there is a work crisis, no jobs _ and that the City doesn't have enough funds to service full service to the citizens, that you pretend to leave without any funds a program to help in servicing the community of Allapattah. More or less the programs that are providing the same services have been evaluated at the same level. Besides in less than a year that this program has been working you are going to cut it precisely at the moment when it can do the most for the community. This same program last year was not supported by Orlando Urra, the leader of the community, because last year he was backing another... the program that he is now supporting. He was supporting last year the program that he is now not supporting. And now he is supporting the one that he fought last year. Mayor Ferre: (SPEAKS IN SPANISH). Mr. Gates: (SPEAKS IN SPANISH). Mayor Ferre: (SPEAKS IN SPANISH). TRANSLATOR UNIDENTIFIED: Mr. Mayor, he wants to keep both program... he wants both programs to be funded. Mr. Urra: (SPEAKS IN SPANISH WITH TRANSLATOR). TRANSLATOR UNIDENTIFIED: In the first place, he wants to answer Mr. Gates. Besides all that he represents, he is also working for a community development program at Wynwood. And he is notifying Gates that he is dropping the program he was supporting last year so he won't have a conflict and that if he wants to he can take this program and take it to Little Havana, but that in Allapattah they only want to have one program. If you want to you can take that firm to Little Havana, but they only want one in Allapattah. Mayor Ferre: (SPEAKS IN SPANISH). Mr. David Roseman: Mr. Mayor, what I would like to say is that, obviously, our... Mr. Ongie: Your name, please.. Mr. David Roseman: David Roseman, Director of the Economic Development Program of the Allapattah Merchants Association. All I would like to say is that we find ourselves tied up in these litigations for continuing funding since June 25th. We have the support, of the community and the City Manager has recommended that we continue to be funded. I would like us to be able to get out of this g3 JUL 23 � 81 1 so we can continue on with the task that we are here to do and then that you further decide what's going to happen to the other group independently of us. We have attempted to merge. Mayor Ferre: Well, I would like to answer you this way. The Commission, this morning, because we are absent one member, decided that any issue that might become controversial that anybody on this Commission had the right to defer this until we ended up with five members of the Commission. Now, Father Gibson requested that, that be done in this case. There was a previous motion made by Mr. Lacasa and seconded by Father Gibson that both of these programs be funded. Now, the controversy as I understand it, is not whether or not you will be funded. I think there is unanimity that you will be funded. What is in question now and will be decided at the next Commission meeting, is whether or not the other program will be funded simultaneously and that's all. Alright? Mr. Roseman: Exactly, that's why I said that perhaps in order to expedite and simplify the process, a motion should be made that we will be funded and then... Mayor Ferre: I ain't got no problem with that. But that's up to the rest of this Commission. Mr. Roseman: ... so that we can continue doing our work and then you further decide what's going to happen to the other group. — Mayor Ferre: You see, there is no question that I think... I believe that there is no controversy as to whether or not the recommendation of the, Manager, and of the community, and that is that there be funding for--- what's the name of yourv? . The Alla attah Merchants Association. Mr. Roseman: P � Mayor Ferre: The Allapattah Merchants Association and which is what's being recommended by everybody. That's not in question. What is in question, as I understood the motion of Lacasa and Gibson, is whether or not we also fund the additional fifty thousand for the other group. So, I have no problems if somebody wants to move it the way you are requesting. Mr. Lacasa: I move it. Mayor Ferre: Alright, Lacasa moves, is there a second? The motion... let me repeat it, is that we follow the Administration's recommendation, in no way does this imply or preclude this Commission from giving fifty thousand dollars to the other group at a future time. Rev. Gibson: Alright, I will second it. Mayor Ferre: Alright, that therefore, has been moved and seconded. Is there further discussion on that motion which takes precedence over the previous motion. Alright, call the roll on that. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-675 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE ALLAPATTAH MERCHANTS ASSOCIATION, INC. FOR THE PERIOD COMMENCING JULY 1, 1981 TO JUNE 30, 1982, FOR AN AMOUNT NO* TO EXCEED $50,000 PER YEAR, IN ORDER TO CONTINUE A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE ALLAPATTAH COMMUNITY DEVELOPMENT TARGET AREA, WITH FUNDS THEREFOR ALLOCATED FROM THE SLVENTH YEAR COMMUNITY DEVELOPMENT BIOM GRANT. (Here follows body of revolution, omitted here and on file in the Office of the City Clerk). JQA $4 JUL 2 31981 fi being seconded by Commissioner Gibson, the resolution was passed and adopted by the following votes AMS Mr, Pltuimer# Mr. Lacasa, Rev. Gibson and Mayor Ferre. <. NO$Ss None. ABSENT: Mr. Carollo. }{{lfi 4 52. AUTHORIZE CONTINUED FUNDING THROUGH SEPTEMBER 10, ' ALLAPATTAH DEVELOPMENT AUTHORITY, INC. r i Mayor Ferre: Alright, now, Mr. Lacasa moves. Go ahead. Mr. Lacasa: Now, I move that we prorate the expenses that the other program will have to have in order to continue operating until September loth when the whole operation will be discussed. Mayor Ferre: That's correct. Alright, now, is that seconded by Gibson? Alright, is there further discussion on that motion? Alright, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-676 A RESOLUTION AUTHORIZING THE EXTENSION OF CURRENT LEVEL FUNDING THROUGH SEPTEMBER 10, 1981 FOR THE ALLAPATTAH DEVELOPMENT AUTHORITY, INC. FOR THE CONTINUATION OF ITS NEIGHBOR- HOOD ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS THEREFOR ALLOCATED FROM THE SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. NOTE FOR THE RECORD: FORMAL RESCINDING OF PRIOR MOTION WHICH WOULD HAVE DEFERRED FUNDING FOR ALLAPATTAH ORGANIZATIONS FOR A FULL COMMISSION. 53. AUTHORIZE AGREEMENT: MIAMI CAPITAL DEVELOPMENT INC. FOR PURPOSE OF PROFESSIONAL SERVICES Mayor Ferre: We are now on Item 30. Is that right? Haven't we done this already? Mr. Gary: You established a trust and agency, which is the appropriation vehicle. This is simply authorization to enter into the agreement. Mayor Ferre: Is there a motion? Is there a motion? Mr. Plummer: Yes. Mayor Ferre: It's been moved by Plummer, seconded by Gibson further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-677 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI CAPITAL DEVELOPMENT, INC., FOR THE PURPOSE OF PROVIDING MIAMI CAPITAL DEVELOPMENT, INC. WITH PROFESSIONAL SERVICES IN TERMS OF MARKETING ANALYSES AND BUSINESS DEVELOPMENT TECHNICAL ASSISTANCE TO AID IN THE IMPLEMENTATION OF MIAMI CAPITAL DEVELOPMENT, INC.'S REVOLVING LOAN FUND, IN AN AMOUNT NOT EXCEEDING $100,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 54. ALLOCATED NTE $50,000 SPECIAL PROGRAMS AND ACCOUNTS ADDITIONAL COMPENSATION TO LAW FIRM OF PAUL, LANDY, BEILEY AND HARPER CONTINUED REPRESENTATION CITY VS. LEONARD GATES Mayor Ferre: We will take up Item 32, Leonard Gates,no relations to Jama Gates. Item 32. Mr. Lacasa: Move. Mayor Ferre: Moved by Lacasa, is there a second? Mr. Gary: Mr. Mayor, we need this item. Mayor Ferre: Well, we have a motion and I am going to see if we have a second and we will... this is for attorney fees on an ongoing legal battle that we $u JUL 2 31981 I ha►Ye goi r►q d%,% Mr. darys ices, thirty million dollars vorth. hav, Gibson s Second. Mayor Ferret Further discussion, it's been seconded by Gibson? Call the roll. The following resolution was introduced by Commissioner Iaeaga, who moved its adoption: RESOLUTION NO. 81-678 A RESOLUTION ALLOCATING FUNDS NOT TO EXCEED $50,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, RESERVE FOR SEVERANCE PAY, CODE NO. 920104-170, AS PAYMENT OF ADDITIONAL COMPENSATION TO THE LAW FIRM OF PAUL, LANDY, BEILEY AND HARPER FOR THE CONTINUED REPRESENTATION OF THE CITY IN THE CASE OF LEONARD GATES V. 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 Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferro. NOES: None. ABSENT: Mr. Carollo. NOTE FOR THE RECORD: AGENDA ITEMS 34, 35, and 36 WERE DEFERRED 55. ACCEPT PLAT "GABLES WALK" Mayor Ferret We are now, then on Item 36A. Mr. Lacasa: Move Item 36A. Mayor Ferro: Move by Lacasa, is there a second? Seconded by Gibson• further discussion? Call the roll. Mr. Plummer: Under discussion. This is just a plat, right? Mr. Gary: Yes, sir. Mr. Plummer: I vote "yes". The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-679 A RESOLUTION ACCEPTING THE PLAT ENTITLED GABLES WALK, A SUBDIVISION IN THE CITY OF NIAMIY AND ACCEPTING THE DEDICATIONS SHM ON SAID PLAT; AND ACCEPTING TBE C 'VLNANT TO RUN WITH TSB LItND POSTFONING TAB IIOMIATE 00W'lx7CrZON OF CERTA= 87 JUL ^ 3"81 L (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 56. ACCEPT PLAT "FUTURA PROFESSIONAL SUBDIVISION" Mr. Lacasa: Move Item 37. Mayor Ferre: That's a plat, too, is there a second? Seconded by Gibson, further discussion? Call.the roll on approval of the plat. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-680 A RESOLUTION ACCEPTING THE PLAT ENTITLED "FUTURA PROFESSIONAL SUBDIVISION", A SUB- DIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLATI 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 Gibson, the resolution was passed and adopted by the following vote: i AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 57. ACCEPT BID: SEATING FOR NEW CONVENTION CENTER Mayor Ferret How about Item 38, anybody have problems with that? Mr. Plummer: Yes, I have got any figures. Mr. Gary: It's in your supplement. Mr. Plummer: Which one? Mr. Gary: The first one. Mayor Ferret As I understand it, the successful bidder was, not only a hundred fifty thousand dollars bid last year. Is that correct? Mr. Grimm: The successful bidder is below the estimate that the City provided. The estimate was at five hundred thousand dollars, the successful bid is three hundred eighty-two. Mayor Ferret Isn't that lower than the bid last year? Mr. Grimm: Well, Mr. Mayor, it's our opinion that there never was a bid last year, but... Mayor Ferret Oh, I see, I think you for correcting me. Mr. Grimm: ... but there was a price submitted to the contractor of five hundred fifty thousand. Mayor Ferret Thank you, sir. Let the record reflect that I stand corrected, that this was a price submitted, but there never was a bid, but that the price that was submitted by someone who wanted the City's business. This is lower. Ok, is there a motion on this? It's been moved, is there a second? Seconded by Gibson, is there further discussion? Call the roll on this item. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-681 A RESOLUTION ACCEPTING THE BID OF IRWIN SEATING COMPANY IN THE PROPOSED AMOUNT OF $382,660 TOTAL BID OF THE PROPOSAL, FOR JANES L. KNIGHT INTERNATIONAL CENTER - CONVENTION HALL THEATER SEATING WITH PONIES THEREFOR ALLOCATED FROM THE CONSTRUCTION ACCOUNT ESTABLISHED FROM THE SALE OF $60,000,000 IN CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS IN THE AMOUNT OF $382,660 TO COVER THE CONTRACT OOST;. ALLOCATING FROM SAID FUND THE AMOUNT OF $2,000 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUNDS TH8 AMOUNT OF $2,000 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE1 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 Gibson, the resolution vas passed an4 adopted by the following vote: AXES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOESi None. on /^,r?tr" ABSEiQTi Mr. Carollo.UL 2 ,ti2i i , f 58. FORMALIZING RESOLUTION: WAIVE Is RENTAL FEE FOR USE OF BAYFRdNT PARK AUDITORIUM - CQMMERATIVE CELEBRATION OF CUBAN ARMED FORCES DAY Mr. Lacasa: Moved Item 41. Mayor Ferre: We are now on Item 41, and Lacasa just moved Item 41, is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer, further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-682 A RESOLUTION WAIVING ONE-HALF OF THE RENTAL FEE MR THE USE OF BAYFRONT PARK AUDITORIUM, CARIBBEAN AND GULFSTREAM ROOMS, ON SEPTEM- BER 6, 1981 FOR A COMMEMORATIVE CELEBRATION OF CUBAN ARMED FORCES DAY, SPONSORED BY THE CONSTITUTIONAL ARMED FORCES OF CUBA, SUBJECT TO PAYMENT FOR EVENT PERSONNEL, ELECTRICITY, INSURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY= ALLOCATING $700 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE PROGRAM, FEE WAIVERS, TO COVER THE COST OF THE SAID FEE WAIVER. (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: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. ;i 59. ALLOCATE $175,000 NEW WORLD FESTIVAL INC. NEW WORLD CONTEMPORARY FESTIVAL Mayor Ferre: Take up Item 41A, New World Contemporary Festival.' We all voted on that last time. Mr. Plummer: I guess you all are aware that TDC money of this thing is almost a million dollars. Mayor Ferre: Is there a motion on Item 41A. Mr. Lacasa: Move. Mayor Ferre: It's been moved by Lacasa. Mr. Plummer: Second. Mayor Ferre: Seconded by Plumm►or,... no, it has nothing to do with that. Alright, call the roll. JUL 2 31981 The following resolution was introduced by Commissioner Lacasa, who shoved its adoptions RESOLUTION NO. 81-683 A RESOLUTION ALLOCATING $175,000 TO NEW WORLD FESTIVAL, INC., FXN SPECIAL PROGRAMS AND ACOOUNTS, QUALITY OF LIFE, FOR PROMOTION AND ADVERTISEMENT OF THE NEW WORLD CONTEMPORARY FESTIVAL TO BE HELD JUNE 4 - 9, 1982, WITH SUCH ALLOCATION TO TAKE PLACE AS FOLLOWS: $50,000 FROM FISCAL YEAR 1980-81, SUBJECT TO THE AVAIL- ABILITY OF FUNDS, AND $125,000 FROM FISCAL YEAR 1981-82, 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. FURTHER DISCUSSION: Mayor Ferre: I will tell you, Mendez, points out that we have a Festival Committee... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: .... a Festival Committee and he says that we should, that the Festival Committee should be involved in that. I don't... Mr. Plummer: Well, Mr. Mayor, I don't have any problem with that, but, of course, this is the project of the Arts and Culture under the TDC and they are directly responsible for that. Mayor Ferre: Yes. And we really have no direct impact on it. I think. Have we called the roll? 60. PAY ADDITIONAL $1,950 TO SHAFER & MILLER INC. ADMINISTRATION BUILDING Mayor Ferret Ok, we are on Item 42, then, that's Shafer and Miller. Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, seconded by Lacasa, further discussion? Call the roll. The following resolution was introduced by Commissioner Plumaner, who moved its adoption: RESOLUTION NO. 81-684 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY AN ADDITIONAL $1,950.00 TO SHAFER AND MILLER, INC. FOR = ADMINISTRATION g� ryry" (20 alto N) # IQCTIMING THE <r 'i'&M COST OF THE PWIECi` FROM $3,271,658.60 TO $3,273,680.60, TO COMPENSATE THE CON- TRAMR. FOR WORK PERFORMED AFTER FINAL ACCEPTANCE OF THE PROJECT, SAID FUNDS TO COMB FROM MONIES ALREADY ALLOCATED TO THE PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 61. ORDERING RESOLUTION: KOUBEK SANITARY SEWER IMPROVEMENT SR-5477-C Mayor Ferre: Alright, is there anybody here in this public hearing that wishes to speak on the Koubek Sanitary Sewer Improvement, which is Item 437 Any speakers on this? It's been moved, is there a second? Mr. Lacasa: Second. Mayor Ferre: Moved by Gibson, seconded by Lacasa, further discussion on Item 43? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-685 A RESOLUTION ORDERING KOUBEK SANITARY SEWER IMPROVEMENT AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-C (CENTERLINE SEWER) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: . AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo Jul. 2 31981 } 62. ORDERING RESOLUTION: KOUBEK SANITARY SEWER IMPROVEMENT — SR-5477-5 M1Yf Mayor Ferre: Is there anybody here who wishes to speak on Item 44, Koubek Sanitary Sewer Improvement? Rev. Gibson: Move. 4 Mayor Ferre: Moved by Gibson, seconded by Lacasa, further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who - moved its adoption: RESOLUTION NO. 81-686 A RESOLUTION ORDERING KOUBEK SANITARY SEWER IMPROVEMENT AND DESIGNATED THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE'FOR A PORTION OF THE COST THEREOF AS KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-5 (SIDELINE SEWER). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES; Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. i 1 63. ORDERING RESOLUTION: KIRKLAND SANITARY SEWER IMPROVEMENT SR-5478-C. Mayor Ferro: is there anybody here who wishes to speak on Item 45, the Kirkland Sanitary Sewer Improvement? Rev. Gibson: Move. Mayor Ferro: Moved by Gibson. Mr. Lacasa: Second. 0 Mayor Ferre: Seconded by Lacasa, further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION N0. 81-687 11 MCMUTION ORDERING KIM AND SANITARY SZWBR IMPRO'VEHM AND DESIGNATING TSB PROPERTY AMNST M01 SPECIAL ASSESSMW= JUL �► ^.. rQ 93 Upon being seconded by Comissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 64. CONSENT AGENDA i I FOR THE RECORD: Items 46 and 47 were temporarily removed. Mayor Ferre: Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, then is there a motion? The following resolutions were introduced by Commissioner Lacasa, seconded by Commissioner Gibson and passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A Ferre NOES: None. ABSENT: Mr. Carollo. 64.1 ACCEPT BID: P.N.M CORPORATION - RIVERSIDE PARK - CD PROJECT. + RESOLUTION NO. 81-688 A RESOLUTION ACCEPTING THE SID OF P.N.M. 'a CORPORATION IN THE PROPOSED AMOUNT OF $391,081; BASE BID PLUS ADDITIVE ALTERNATES 1, 2, 4, 9, 10, 14, 16, 17, 18, AND 19 OF r� THE PROPOSAL, FOR RIVERSIDE PARK - C.D. PROJECT (4TH BIDDING); WITH MONIES THEREFOR } ALLOCATED FROM THE "FEDERAL COMMUNITY DEVELOPMENT BLACK GRANT" IN THE AMOUNT OF $391,081 TO COVER THE CONTRACT COST ALLOCATING FROM SAID FUND THE AMOUNT OF $35,200 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $76800 TO COVER THE OOST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ANV AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM i; i; 94 , t IYR� GA i 2 ACWT mor'm(Q NO. ACWTING am DID OF guor.T ENTMrasso, INC. IN THE rat proposED AWtW Cr $40,752 BASE sit) OF THE PROPOSAL, FOR BELLE 14EADE ISLAND BjtIbGE MODIFICATIONS - 1981; WITH MONIES THEREFOR ALLOCATED FROM THE "HIGHWAY G.06 BOND Irm" IN THE AMOUNT OF $40,752 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $4,483 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $815 To COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE A14OUNT OF $1,690 To COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID F;FtM 64.3 ACCEPT BID: AMMY ra CHRISTENBURY ENT., INC- - DAY CAM CENTERS EXPANSION. RESOLUTION NO. 81-690 A RESOLUTION ACCEPTING THE BID OF ANKNEY ru CHpISTEt;BURY ENTERPRISES, INC- IN THE PROPOSED AMOUNT OF $73,104, BASE BID OF THE PROPOSAL, FOR DAY CAM CENTERS - EXPANSION; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENT FM IN THE AMOUNT OF $73,104 TO COVER THE CONTRACT COSTS ALLOCATING FROM SAID FUND THE AMOUNT OF $8,000 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,000 To COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORI ES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,996 To COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM 64.4 ACCEPT BlDs SUNSET ENTERP RISES MELROSE PARK IMPROVEMENTS•RESOLUTION NO. 81-691 A RESOLUTION ACCEPTING THE BID OF SUNSET ENTERPRISES, INC. IN THE PROPOSED AMOUNT OF $69,498-00, BASE BID OF THE PROPOSAL, FOR MELROSE PARK IMPROVEMENTS; WITH MONIES THEREFOR "FEDERAL COMMUNITY ALt=TED FROM THE DEVELOPMENT BLOCK GRANT" IN THE AMOUNT OF $69#498.00 To COVER THE CONTRACT COSTP ALLOCATING FROM SAID FUND THE AMOUNT OF $10,425.00 TO COVER THE COST OF PROJECT EXPENSES ALLOCATING FROM SAID yoD THE AMOUNT OF $1t390.00 TO COVER COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIESt AND POSTAGE; MM hV=RZZXNG THE CITY MANAGER TO EXECUTE h CONTRACT WITH SAID FIRM 41 it 64. Aftft 'C1MPI&M WONt! 1i,M P. CORTORATION DOWN1'OiWN GOWORM CMMA STORM 80WEIt MODIFICATIONS. RESOLUTION NO. 81-692 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CORPORATION AT A TOTAL COST OF $79,555.08 FOR DOWNTOWN GOVERNMENT CENTER - STORM SEWER MODIFICATIONS; AND AUTHORIZING A FINAL PAYMENT OF $1,754.87 64.6 ACCEPT. COMPLETED WORK: TIMCO ELECTRIC INC. - MIAMI STADIUM - FIELD LIGHTING - 1981. RESOLUTION NO. 81-693 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY TIMCO ELECTRIC, INC. AT A TOTAL COST OF $176,020.00 FOR MIAMI STADIUM - FIELD LIGHTING - 1981; AND AUTHORIZING A FINAL PAYMENT OF $17,602.00 64.7 ACCEPT COMPLETED WORK: ASSOCIATES CONSTRUCTION CORPORATION - LEMON CITY PARK - COMMUNITY DEVELOPMENT PROJECT. RESOLUTION NO. 81-694 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ASSOCIATES CONSTRUCTION CORPORATION AT A TOTAL COST OF $246,682.73 FOR LEMON CITY PARK - COMMUNITY DEVELOPMENT PROJECT; AND AUTHORIZING A FINAL PAYMENT OF $25,478.27 65. APPROVE 20 EXEMPTIONS FROM THE HIRING FREEZE Mayor Ferre: Alright, then the only thing that we have then in the morning agenda that we have not done is Item "L", Mr. Plummer, which had to do with the freezes. We waited until you were here. So, Mr. Manager, would you tell us how many... how many new hires? Twenty what? Mr. Gary: Twenty-one. Eighteen in Sanitation and these are due... sixteen of those are due to promotion, because you have to promote within. One in HRD, a Clerk position, one in Finance, an Account Clerk and one in Management and Budget which you don't have in your folder there, but which is secretaries that gone out on pregnancy and he needs... maternity leave and he needs to fill that vacancy. So, we are talking about twenty-one positions. Mr. Plummer: And what ale you going to be telling us in budget?' How many are you laying off? Mr. Gary: Ninety-eight. Mr. Plummer; I read in the paper a hundred forty-four, Mr. Gary: Hundred fortyTfour positions to be abolished of those ninety-eight are filled. Mr. Plumamer: Mr. Gary, are you aware that when people called the Sanitation Department today and complained,- that the Sanitation Department is informing them that it's not their fault their garbage is not picked up, it is the City Commission's fault? That they don't have the personnel, we are not giving them the money to repair the trucks. Are you aware of these things ov JUL 231981 being said? Mr. Gary: We are aware of them. We have attempted to address it and it's continued. I will promise you that it will be corrected in the very near future. Mr. Plummer: I sure hope somebody along the line takes cognizance of the fact. Mayor Ferret Olk, what do you want to do, Plummer? Alright, the waivers on these freezes for these twenty-one positions as outlined by the Manager, is moved by Lacasa, is there a second? Rev. Gibson: Second. Mayor Ferret Gibson seconds, is there further discussion? Alright, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-695 A MOTION AUTHORIZING THE CITY MANAGER TO MODIFY THE EXISTING CITY-WIDE HIRING FREEZE TO PERMIT THE HIRING OF THE FOLLOWING POSITIONS: 16 Waste collectors -Dept. of Solid Waste 1 Secretary II " 1 Administrative Asst. II " 1 Clerk II 1 Account Clerk -Dept of Human Resources -Dept of Finance -Accounts Payable Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: Mr. Plummer. ABSENT: Mr. Carollo. 66. MIAMI-BOGATA SISTER CITY PROGRAM: APPROVE 1-MEMBER AND COMMISSIONER J. L. PLUMMER TO ATTTEND WORLD DIRECTORS OF THE SISTER CITY PROGRAM AUGUST 19-22 Mayor Ferret Alright, we will take up any quick pocket items. Mr. Lacasa: Ok, the pocket item in quesion concerns the Miami Bogata Sister City Program. This Miami... Rev. Gibson: The Miami, what? Mr. Lacasa: Miami-Bogata, Colombia Sister City Program. It has been referred to my attention by members of the Board of Directors of this Miami-Bogata Sister City Program that they have been very active in the pursue of the aims of the program and they are requesting now from the City Commission that a trip to Bogata of one member of the Board of Directors and a Commissioner, in this case it would be, I guess, Commissioner Plummer, who is a member of this particular Committee, that they approve so they can move!... Mr. Plummer: But don't insert my name in it. Just a Commissioner. Mr. Lacasa: Well, a Commissioner, then, in case you cannot go. Mayor Ferro; No, no, no, we are not going to let Plummer get away with that. I will only vote on this if you insert a Commissioner, namely J. L. Plummer and if he cannot make it, we might consider somebody else. 97 JUL 1981 Y -- Mr. Pltmmers Ok, the Commissioner J. L. Plummer and a member of the board of — Directors of the Miami-Bogata Sister City Program. Mayor Ferre: What day is that? Mr. Lacasa: They don't have a date yet. Well, yes they do. The date is August 19th to 22nd. Mayor Ferre; Further discussion? Moved by Lacasa, who seconds it? Gibson seconds, further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-696 A MOTION APPOINTING COMMISSIONER J. L. PLUMNER, JR. TO THE BOARD OF WORLD DIRECTORS OF THE SISTER CITY PROGRAM, AND FURTHER APPROVING THE APPOINTMENT OF ONE STAFF MEMBER OF SAID BOARD. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Rev. Gibson and Mayor Ferre. NOES: Mr. Plummer. ABSENT: Mr. Carollo. i 67. APPROVE FUNDS FOR 1 STAFF MEMBER AND 1-CITY COMMISSIONER I TO ATTEND WORLD DIRECTORS OF THE SISTER CITY PROGRAM AUGUST 19-22 t= yE Mr. Plummer: Mr. Mayor, let me... I want to tell you something and this is not a joking matter, but I have had some serious reservations, it would be in order that an appropriation of money be forthwith approved by this Commission to send one staff representative and one Commissioner to the Sister City International Convention in August. Mayor Ferre: Are you going to go to that? Mr. Plummer: Mr. Mayor, I was going to go, but unfortunately it's being held in the Kansas City Hyatt House. My professional training tells me that I shouldn't go, Mr. Mayor. But I would like to, Mr. Mayor, make a motion that the funds be allocated for one member of staff and the Mayor Maurice Ferre--- I'm kidding, of course. Mayor Ferre: Alright, there is a motion, is there a second? Mr. Lacasa: Second. Mayor Ferre: In discussion, just for the record. This cogmunity last year had well over a million tourist that spent over... in the billions of dollars and those that drive taxis and those that work in restaurants and those that work in commerce here have benefited by the tourism that comes in from Latin America. A great deal of this tourism, I think, is due to the cordial relationships that we maintain with these Sister Cities. So, I cannot think of a better expenditure of public monies and to continue the Sister City Program which has been so 33oneficial in the past to the tourist and commercial and economic well-being of this community. Call the roll. 9 JUL 231981 �tL _FJ'Y I t` L> Y i _ t i 41 "%•`.� ♦. �IYA ti '1 _-.. �c"�'hr 3.:%4. 24 i }li A L't 4F fp C 1l Y ol 68. PLAQUES, PROCLAMATIONS AND SPECL41 ITEMS A PRESENTATION. Plaque REV. H. W. KIRTLEY, for his dedicated service as Chairman of the City's Affirmative Action Advisory Board. Presented to Dr. Hattie Daniels Affirmative Action Supervisor, in Rev. Kirtely's absence. PRESENTATION. Resolution Condolences to the relatives of MRS. ELEANOR REILLY PERO daughter of the first Mayor of Miami, on the occasion of her passing. Presented to her son, Mr. Joseph Pero. PRESENTATION. Commendation MRS. OLGA VELASCO RUIZ for her interest in the affairs of the community. As a native of Santa Clara, Cuba, she is being honored on the 292nd anninversary of the founding of that city. PRESENTATION. Commendation Presentation of Commendation to the Outstanding Police Officer for the Month of June, 1981, David Fischer. (Item 055). 69. RECONSIDERATION OF ITEM 38 AND PERSONAL APPEARANCE OF MR. DOLAN OF DOL0 ENTERPRISES - DISCUSSION ONLY. Mayor Ferre: Ladies and Gentlemen, we moved on an item before we broke for lunch.....J. L.,...and, Mr. Dolan, who was the previous bidder last year or not a bidder but a person who made an offer to the city to purchase proceeding, asked to be recognized for the purposes of making a statement to the record. Mr. Dolan, Chair recognizes you. What item was this, Mr. Grimm? Mr. Grimm: 38. Mayor Ferre: 38. Now you know that we've already voted on this item. Mr. Dolan: Yes, I wasn't aware that the project was bid on Monday for the second time, and while we did offer a bid, I was not aware that it was up for award so quickly. My statement is this. Name is Dolan, Dan Dolan, President of Dolan Enterprise, Inc. Wc'have 2 locations in this city, we employ approxi- mately 65 or 75 people. We formerly bid this project, and we're a low bidder, but it was not awarded to us at that time due to the bond delays and so on. We bid it at the second time, we felt very strongly that there was ambiguties in the bid documents and requested a pre -bid conference that was not acceptable, in fact it did not occur, several of these items could have been addressed at that conference. The specifications were changed considerably the second time the project was bid and we feel there are items here that before the City would proceed with awarding a contract that they should have clarified for themselves. I am referring specifically to the fact that manufacturers, model numbers were approved to bid subject to compliance with the specifications, which requires a considerable amount of testing we presented, their affirma- tive action plans, their certified test results, there's a number of things,it's not just a model number, if you remember the earlier furniture problems deal- ing with model numbers it become quite involved. My request is this that you withdraw your formal award of the contract and would recommend the City Manager to obtain the supporting data, which in effect proves the lower bidder will meet the specifications, I'm asking you to do that before you enter into a contract simply so if they do not most the specifications that you could 100 JUL 231981 Mr. Dolan: (continued): move on to the most qualified bidder. Mayor Terre: All right, Mr. Grimm, obviously, I would imagine that before we get into a signed document, that the administration will investigate to make sure that all the minimum specifications are met and that this.... Mr. Grimm: Mr. Mayor, let me assure you and this Commission, that every facet of the techical specifications will be complied with before the first seat is installed in that chamber. Mayor Terre: All right, does that do the job? Mr. Dolan: Well, there are technical things which I just soon not...I mean, we can't resolve here,, but I assure you that technical problems and specifications.... Mr. Grimm: Mr. Mayor, this is about the grossest misrepresentation ILve ever seen before this City Commission. Mr. Dolan participated in the pre- paration of these technical specifications. He is a loser and a poor one. I suggest that the Commission go on with the bids. Mr. Dolan: Mr. Mayor, if I can respond to that. One of the...let me calm down a little bit. Mayor Terre: Go ahead, Mr. Dolan. Mr. Dolan: One of the minor things that I'd like to bring to the Assistant Manager's attention was Metro Charter Section 10, Paragraph 3, where it says "Certificate of Competency Required To Do Business", it says: "It shall be unlawful for any person, firm or corporation to engage in the business of active capacity of a contractor, subcontractor, for any person to act in the capacity, qualifying agent or general maintenace personnel, installor or any similar tradesman to find and set forth herein without the corporated or in- corporated areas, having made application for or having being issued a current valid certificate of competency." Further in Paragraph B of the same thing, it says: "No person or entity shall submit a bid nor shall any contract be awarded on any County or municipal public works project in Dade County unless such person or firm has complied with Subsection A of Section 10-3 above." To the best of my knowledge, although the bids have not been available to review, the recommended low bidder does not hold the valid certificate of competency. That's one of the items that I had hoped to bring out in the subsequent discussions. Mayor Terre: All right, Mr. Dolan, I will, if the Commission wishes to make any kind of a motion, recognize for that purpose, otherwise, as I under- stand it, the Commission has already acted on this issue and the administra- tion is instructed to make sure that all requirements of the law and the bid procedure be met, including the qualifications and the all the things that you've been pointing out in the statement that you just made. Is there any- thing else? Mr. Plummer: Mr. Mayor, I'm not going to in any way try and hold up the bid. I do feel that it would just be..:Mr. Dolan I would assume is prepared to reduce to writing these things that he feels are not proper and I would hope somewhere in between the time that the bid is let, that the Manager would satisfy himself that those items that are brought out here py Mr. Dolan have been and are justified so this Commission doesn't have any walking away from here with any misunderstanding. Mr. Grimm: We would be happy to do that, Commissioner. Mr. Plummer: I think that, Mr. Dolan, by, let's say, Monday morning at the latest, you reduce to writing your points of contention and that the Manager would have that availability and address it. Mr. Dolan: Commissioner, the only thing that I'm asking for, is the specifications be adhered to and that be adhered to in a formal way prior to the issuing of a contract. 101 JUL �� �a� Mr. Plummer: Mr. Dolan, that is not the point that I picked up on. it's a Simple thing, sir, were your contention is that there must be a certificate of competency. Mr. Dolan: That is secondary, frankly, to the fact whether or not the product, itself.. Mr. Plummer: I don't want to get into it, all right. e Mr. Grimm: Commissioner, maybe I can satisfy this question. The answer , to his question is yes. The Commission has authorized the Manager to enter into a contract, the specifications require that the bidders meet certain items, we will see that is done before the contract, it's just that simple. Mr. Plummer: Okay. Fine. Fine. Mr. Dolan: Thank you. 70. AWARD $1,750,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, $4,400,000 HOUSING BONDS AND $3,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY. Mayor Ferre: All right. Ladies and Gentlemen, we need to do Item 54 because the underwriters are anxious to leave and so, will somebody offer 54 "A"? This is a resolution awarding $1,750,000 fire fighting, fire pre- vention and rescue facilities bonds, and the motion resolution "A" is moved by Plummer and seconded by Lacasa, 54 "A". Is there further discussion of Item 54 "A"? This is awarding the successful bidder bonds to the City of Miami for $9,150,000. Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-698 A RESOLUTION AWARDING $1,750,000 FIRE FIGHTING, FIRE PRE- VENTION AND RESCUE FACILITIES BONDS, $4,400,000 HOUSING BONDS AND $3,000,000 STORM SEWER IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, AND SETTING FORTH THE RATES OF INTEREST AND OTHER DETAILS RESPECTING SUCH BONDS. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson i Mayor Maurice A. Ferre i NOES: None. t ABSENT: Commissioner Joe Carollo 102 JUL 2 31981 71. CONFIRM ORDERING RESOLUTION: AUBURN SANITARY SEWER IMPROVEMENT SR-5475-C :yam Mayor Ferre: Now, we have 2 public hearings that we have to take up and then we can move on the regular agenda. This is a resolution confirming the Auburn Sanitary Sewer Improvement, is there anybody here that wishes to speak on the Auburn Sanitary Sewer Improvement District SR-5475-C, centerline sewer, which is a public hearing Item 56? Are there any objectors, if not, is there a motion? Mr. Lacasa: Moved. Mayor Ferre: Moved by Lacasa, seconded by Gibson. Further discussion on 56, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-699 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-544 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF AUBURN SANITARY SEWER IM- PROVEMENT IN AUBURN SANITARY SEWER IMPROVEMENT DISTRICT SR-5475-C (CENTERLINE SEWER). (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 72. CONFIRM ASSESSMENT ROLL: S. W. 22nd STREET HIGHWAY IMPROVEMENT PHASE II - (H-4395) Mayor Ferre: Nov. we hav4 Item 57, which is also public hearing Item at 2:30 P.M. This is the 22nd Street Highway Improvement Phase II and this is Phase II, (H-4395). Is there anybgdy In the audience who wishes to speak to this Item at this public hearing, this is Item 57. All right, call the roll. Been moved by Gibson, seconded by Lacasa. Call the roll. 103 G UL � � The following resolution was introduced by Commissioner dibson, vho coved its adoption: RESOLUTION NO. 81-700 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF S..W. 22 STREET HIGHWAY IMPROVEMENT - PHASE II IN THE S. W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT - PHASE II (H-4395); AND REMOVING ALL PENDING LIENS FOR THIS IM- PROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 73. AUTHORIZE AGREEMENT: ALBERT R. PEREZ ASSOCIATES, P.A. LANDSCAPE ARCHITECTURAL SERVICES FOR RENOVATION OF MANOR PARK Mayor Ferre: Now, Gentlmen, do we have things or Mr. Manager, that you wish to take from the morning agenda, where people have been waiting. Mr. Gary: Yes, Item 31. Mayor Ferre: Item 31 from the morning agenda. It's still pending, is that correct? Mr. Gary: Yes, sir. Mayor Ferre: All right, do you have problem? Mr. Plummer: Which one? Mayor Ferre: Item 31, this is Manor Park. All right, Mr. Lacasa moves, Father Gibson seconds. Further discussion? Call the roll on Item 31. The following resolution was introduced by Commissioner Lacasa, Who moved its adoption: RESOLUTION NO. 81-701 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND ALBERT R. PEREZ ASSOCIATES, P.A. TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES IN DESIGN AND CONSTRUCTION RELATED TO THE RENOVA- TION OF MANOR PARK, USING PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF SUCH SERVICES. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). JUL 2 31981 .1 11 Upon being seconded by Commissioner Gibson, the resolution eras passed and adopted by the following vote:W. AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson 1. Mayor Maurice A. Ferre a.Ln. NOES: None. ABSENT: Commissioner Joe Carollo I 74. ACCEPT BID: WYNDWOOD COMMUNITY DEVELOPMENT PAVING PROJECT PHASE V - HIGHWAYS Mayor Ferre: Mr. Lacasa, you had withdrawn Items 46 through 47. Are you ready.... Mr. Plummer: We just passed those. Mayor Ferre: Oh, we just passed 46 and 47? Mr. Plummer: Yes, we're back to 19, the budget. Mr. Gary: No, we didn't pass 46 and 47, Mr. Mayor. Mayor Ferre: Sir, we passed 56 and 57. We have... Mr. Ongie: That's right, not 46 and 47. Mayor Ferre: ...not passed 46 and 47. Item 46 is before us. Is there a motion? Mr. Plummer: 56 and 57? Rev. Gibson: No, 46. Mr. Ongie: Have been passed. Mr. Plummer: Well, that's what I said. The Mayor said no. Mayor Ferre: We have voted on 56 and 57, which was at a public hearing. What we have before us now is Item 46, which we have not voted on, is that correct, Mr. Clerk? Mr. Ongie: Yes. Mayor Ferre: All right, it's been moved by Lacasa, seconded by Gibson, is there further discussion on Item 46? Call the roll. 105 sC A RESOLUTION ACCEPTING THE HID OF REDLAND CONSTRUCTION COMPANY, INC. IN TO PROPOSED AMOUNT OF $373,061.50, BID "A" (HIGHWAY) OF THE PROPOSAL, FOR WYNDWOOD COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE V; WITH MONIES THEREFOR ALLOCATED FROM THE "FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT" IN THE AMOUNT OF $373,061.50 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $419037.50 TO COVER THE COST OF PROJECT .EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $7,461.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORA- TORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 75. ACCEPT BID: WYNDWOOD COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE V - DRAINAGE Mayor Ferre: Take up 47. Lacasa moves, Gibson seconds. Is there further discussion on Item 47? If not, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-703 A RESOLUTION ACCEPTING THE BID OF R.J.L. TRADING COMPANY IN THE PROPOSED AMOUNT OF $120,487.40, BID "B" (DRAINAGE) OF THE PROPOSAL, FOR WYNDWOOD COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE V; WITH MONIES THEREFOR ALLOCATED FROM THE "FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT" IN THE AMOUNT OF $120,487.40 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $13,252.60 TO COVER THE COST OF PRO- JECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,410.00 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 herein and on file in the Office of the City Clerk). AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Fevre JUL 231981 NOES: None. ABSENT: Commissioner Joe Carollo 76. PUBLIC HEARING: MIAMI CENTER II DUPONT PLAZA PROJECT A DEVELOPMENT OF REGIONAL IMPACT PUBLIC HEARING CONDUCTED 6 CONTINUED TO 9-10-81 Mayor Ferre: All right, we now have the SR-5, is part of the public hearing process, is that correct? Which is the next item before the agenda, Mr. Manager? Mr. Gary: We still have the personal appearances. Mayor Ferre: No, sir, as I recall there were some specific public hearings that were advertised and as part of the public hearing, which comes before personal appearances. Now, I'm asking.... Mr. Plummer: Yes, 56 and 57 are public hearings. Mayor Ferre: We voted on those, but I understand that in the supplemental agenda.... Mr. Gary: SA-5. Mayor Ferre: ...that they are SA-5 is also a public hearing. Mr. Gary: It is, sir, you're right, you're correct. Mayor Ferre: Am I right? Mr. Gary; You're correct. Mayor Ferre: So, then are there any other items of public hearings importance other than Miami Center to DuPont Plaza project? Mr. Gary: No, sir. Mayor Ferre: Now, the cable t.v. issue, which a lot of people are here now, is on the agenda at what time? Mr. Gary: The supplemental agenda, Item 13. It didn't have a time. Mayor Ferre: It seems to me that after we do this scheduled public agenda, on the 2:30 agenda, that the next thing that we should take up is the cable t.v., because that's what the majority of these people are here for. Does anybody object to that? Is there anybody who objects to the order of business, then being, SA-5 is the next thing and then we'll take SA-13. Mr. Plummer: Mr. Mayor, I have no objection, but I'm going to have to say for the record. Mr. Mayor, the Charter is explicit that nothing shall be considered not in our hands 5 days prior to the meeting. Mr. Mayor, to put, and those agendas are available to the public 5 days prior to the meeting, those supplemental agendas, to my knowledge, are not available, if they are, to the public until this meeting. Now, I'm sorry that it is in a very important area, but for this thing not to be published on a regular agenda, to be put on a supplemental agenda where the public doesn't have the availability to it, I have got to tell you for one, in my estimation, it is not a public hearing. Now, I'm registering this complaint from this point forward. You know, agendas are made available to the public for the purpose to see if they have any interest on a particular item, that's why they're :Wade avail- able 5 days in advance. Mr. Gary, is supplemental, even today, available to the public out where they can get to it? I think only the regular agenda. z Mr. Ongies It's over here. Mr. Plummer: The supplemental? Mr. Ongie: Yes, sir. Mr. Plummer: And that is put out when? Mr. Ongie: This morning. Mr. Plummer: You see, look, what I'm scared of is, somebody going to says "By God, I'm the public and I didn't have the right to come down and give my .input". Mayor Ferre: Well, let's do this way. Mr. Plummier: I'll serve at the will of the Commission. Mayor Ferre: Let's do this way. Mr. Gary, was this item properly advertised as a public hearing item? Mr. Gary: Yes, sir, it was and I have the advertisement before me. Mayor Ferre: All right, would you pass that advertisement around and let's make it a part of the record. Is there anybody here who feels that they have not had an opportunity and do not access to Miami Center II proposed develop- ment order?, and there are copies available here, next to the Clerk, does anybody wish to speak on this particular issue? All right, then, if not, 3. L.. , Mr. Plummer: Mr. Mayor, I think that you ought to, of course, you know, look at the date on this. Mayor Ferre: Go ahead, put in in the record. Mr, Plummer: This was published yesterday. I think we also, Mr. Mayor, ought to look at the significance of in a regular classified column and then we look at some of the insignificant things that are done around here in hugh display ads, okay. Npw, you know, I'm just trying to be fair. Mayor Ferre: Mr. Knox, is a legal advertisement? Mr. Knox: That satisfies the law, Mr. Mayor. Mayor Ferre: All right, does anybody have any objections then for us to .........You want to lay this thing on? Mr. Plummer: No, you know, look, Maurice, I'm just saying that in the future, I would hope that public hearings would appear on regular agendas. Mayor Ferre: J. L., you have on many occasions made that point, it is a valid point... Mr. Plummer: But obviously nobody's listening. Mayor Ferre: ...the Chair will recognize your right, if you so wish to express it, I'm going to argue with you one second. If you want to lay this thing off, you've got the right to do it, I can't argue with you technically, you know. Now, I think this is obviously an important thing, but it's your decision. You decide what you want to do. Mr. Plummer: Mr. Mayor, let's go ahead, you know, that coupled with the fact, and that's coincident, okay, here we are given, as I brought out and made part of the record before, a legal document affecting probably the most important project in the City of Miami, and it was handed to us at 12:15 this afternoon to ask us to vote on it at 2:30. I will tell you quite frankly, Mr. Mayor, I don't know of any other member of this Commission has, but I want to tell you, I haven't read it, I haven't had time to read It, and here we are talking about this project. 108 JUL 23 t981 Mayor Ferre: J. L., I would like to recommend that we do the following, if it is acceptable to you and the rest of the members of the Commission, that we proceed with hearing with hearing this, if you don't feel comfortable with it at the end, you are and I will recognize you and you're entitled for techni- cal and other reasons, to lay this thing off until the September loth meeting. Mr. Plummer: All right, sir. Mayor Ferre: Let's proceed with listening to this and if you want after listening that you don't to vote on it, I told you this morning, since we have only a 4-member Commission, that any Commissioner today who felt that we should have a 5-member Commission to vote on something is entitled to do that, and this is part and parcel of that, so let's proceed and let's see where we go. All right, Mr. Reid. Mr. Jim Reid: Mr. Mayor, this is really a continuation of a hearing that was held on March 17th for the purposes of considering the issuance of a develop- ment order for Miami Center II development. I'd like to put on the record that in order to resolve as many issues before deliberation before the Commis- sion is possible that at ten o'clock yesterday a meeting was held at the DuPont Plaza Traffic Task Force, state, city and counties officials, and the applicants, and the various people interested, that at just before twelve o'clock a meeting with the lawyer representing DuPont Plaza; in the afternoon in meetings with the lawyers representing Mr. Gould and Mr. Gould, himself, and in the late afternoon a meeting with the Blue Ribbon Committee, appointed by the City Commission; so yesterday was spent trying to tight up the development order and resolve as many issues as possible. Would also like to point out that this development order is not the last time that the Commission will act on matters related to Miami Center II. To carry out the development as proposed the applicant must achieve a conditional use permit on his parking structure, a must achieve a conditional use permit in terms of building the housing, must come for a height variance, and I would say at this time, there maybe a significant problem with respect to the FAA requirements in terms of 2 of the buildings that as they are suggested here, the Office Tower at 856 feet and the Residential Tower at 774. I will remind the Commission that when we acted on the height variance for the Southeast Bank we did put in the action a requirement that they comply with the FAA requirements, so that matter will be dealt with at the time that the height variance is considered. There is also a variance probably needed in terms of number of truck days. So there are four specific actions to be taken on this development in terms for fur- ther Commission approval. Also the development order requires, as it is presently written, for the Commission to be brought a highway and pedestrian concept plan for approval in September, for the design of the pedestrian promenade between the Southeast building and the major Gould office building to be subject to Commission approval, and the approval of overall pedestrian plan, and I'm going to speak more about that pedestrian plan because it was a concern of the Blue Ribbon Committee. Now, with Mr. McMannes's help we'll just point on the major features of the development and then quickly get into the terms of the development order. First, we have an office tower 856 feet high with a gross floor area of 1,731,101 square feet, that's the office tower; then we have a residential tower, gross floor area of 1,505,476 square feet with 694 dwelling units. We have both in the adjoining residential and the office tower and in the garage retail totaling 409,623 square feet, we have a parking structure that accommodates retail and also 4,000 cars, and on the 14th floor of the parking structure accommodates a health club and restaurant, and on the roof, tennis courts and tennis stands which will seat 4,000 people. The major features of this development, as is contrasted with the previous development discussed with you, is that both of the major structures, the office tower and the housing tower, have been brought down to grade; formerly, in the previous development that we discussed, is where a 17 foot high above the level of the Southeast Bank Plaza, these have now been brought down to grade, which enables a major pedestrian connection, ped- estrian promenade, between the Southeast Bank building, the Holywell Office Tower and Residential Buildings and the Galleria, that is prominently between them, so there is this important pedestrian connection that has been made. Thank you, Joe. On working on this development were both Mr. McManus and Don Cather of the Public Works Department have done extensive work on behalf of the City. Now let me quickly comment on the development order and then 109 JUL �? `81 Mr. Reid: (continued) open it for discussion in terms of the major points. I'm going to address the areas of conflict and concern. First is the traffic system, excuse me. First I want to discuss the pedestrian system, pedestrian circulation. On page 3 of the development order, Condition 10A, we are really requiring 2 things here with respect to further actions by the Commission: (1). We're requiring the development of a pedestrian plan for the entire area encompassed by the Gould and Southeast development, and I would like to read into the record the comments of the Blue Ribbon Committe, you may recall this Commission appointed a Blue Ribbon Committee to look at this design, and they met yesterday afternoon, had a presentation, and authorized the following statement to be put into the record... Mayor Ferre: Who is this? Mr. Reid: This is the Blue Ribbon Committee that you appointed Mayor Ferre: Were they all there? Mr. Reid: They were all there with the exception of Mr. Klien who had an operation and he could not be present, but the other 4 members were there. Their statement is: "The Committee feels that the changes made in the develop- ment plan are improvements and a step in the right direction. The Committee is not satisfied that the problem of pedestrian movement is totally resolved or that a quality pedestrian environment has been considered and achieved". okay. So the Committee that you appointed is concerned with, even with the pedestrian improvements that have been made, further attention with how to resolve remaining pedestrian issues, and to deal with their concerns we have 2 major points in the development order: (1). Point 10A, that a pedestrian plan in detail must be prepared for this Commission's approval in terms of spelling out the details of pedestrian movement throughout the whole DuPont area, (2)., and this is dealt with on the following page, page 5 of the develop- ment order, that the pedestrian promenade design, that important link between the Southeast building and the Gould Holywell development, must come back to this Commission for approval with respect to the details of that design. We have included..... maybe, Joe, you could help with this... there are 3 pedestrian elements that have been included in the Holywell model that I would like to point out. One is, the connection between Miami Center I and Miami Center II over Biscayne Boulevard, a major pedestrian connection has been mandated in the earlier development order there, so we have a major pedestrian connection between those 2 developments, all right. Second, we have a major pedestrian connection between the condominium building and the new garage to facilitate and enable the condominum users to use the garage and have access, easy access, to their building. Third, we have a connection that, let me go to the map now, it will be easier, we have a connection that would be required if the DuPont Plaza and the Holywell interest reached an agreement, between the DuPont Plaza Hotel and the Holywell development there is a possibility of a pedestrian connection there, there is also the possibility of a pedestrian... Mayor Ferre: At whose expense? Mr. Reid: Fifty-fifty. There is also a possibility for pedestrian connection between the... Mayor Ferre: Sir, fifty-fifty means between the private sector, not fifty- fifty between the City and the private. Mr. Reid: Yes, 50% being paid by DuPont Plaza and 50% by Holywell Corpora- tion. We also have a similar possibility, contention upon agreement, between the Holywell development and the Convention Center, both of those are in the development order subject to further negotiations, again on a fifty-fifty payment basis. The final pedestrian connection is mandated is between the Southeast development and the People Mover to enable the occupants of the Southeast Bank building to have easy access to the People Mover in the garage, so sum up the pedestrian issue, we have further requirements for pedestrian plan, we have requirements relating to the pedestrian design and the pedestrian promenade, we have mandated pedestrian elements and we have elements that are optional at our discretion and the discretion of the private sector. Mayor Ferre: Well, again, on the Southeast pedestrian connection. 1.10 JUL 2 31981 Mr. Reid: On that particular connection, which goes from above 3rd Street over the Southeast's properties to the downtown component of Metro Rail, that is shown on the development order and we believe can be required by us, and number one, we have required the Holywell interest to provide for that connec- tion. Number two, we believe the subsequent to the action today we should come back and amend the Southeast order and to remove them from of some of their pedestrian obligations that are now meaningless, for example, the connection to a People Mover Station that has been moved, and change those obligations to whatever pedestrian elements we required at that time; in other words, we're suggesting a two -stage process: (1). That the Holywell order be written to accept this pedestrian connection, (2). that in amending the Southeast order in a later point of time, if we need it, we will require it. So that's related to the issue of pedestrianization and, that is an important one, and it was very much concern of the Blue Ribbon Committe. The second major issue relates to both, it has a pedestrian aspect also but mainly to traffic, and it relates to the downramp from I-95 and it's place....Joe, if you go again to the model and show them. On the Holywell model, the downramp from I-95, let's turn it around, ... Mayor Ferre: I think if you turn it the other way, we could see it better, no way we can see it that way. Mr. Reid: On the Holywell model, the downramp from I-95 comes to grade at 3rd Avenue enabling turns onto 3rd Avenue off the ramp, enabling egress from the DuPont Plaza garage onto 3rd Avenue, okay. The consultants for the State, that have the responsibility for designing this ramp, are concerned that placing the ramp at that location will not enable proper clearance under the ramp structure and will, because of the signalization problem, result in a diminishing opportunity for funding the system, in terms of Federal funding, and the third problem is one of grade. Federal standards now suggest and the State suggest a grade of 6% coming off the expressway to bring the off -ramp down to grade level of 3rd Avenue requires a grade of 8%, so it would require a deviation from Federal standards, all right. There are a couple of other issues with respect to transportation. One is the moving of the Downtown People Mover Station from its programmed location between the Southeast Bank building and the Holywell office building to the Holywell garage retail structure. The next issue is a consideration of the all needed pedestrian connections, and the final issue in terms of traffic is the Time of opera- tions of the traffic on 3rd Street, even though 3rd Street now is a major pedestrian promenade the traffic requirements require that for 2 hours a day it must be opened.... Mayor Ferre: Jim, hold on for a second. Mr. Manager, could we get somebody to keep the quiet down there. Ladies and Gentlemen, may we have your attention back there? Would you get an officer to go back there and tell those people that they are violating the regulations of the City of Miami that they either come and sit down or they can move out of that area. There are about 10 seats left here. Mr. Gary: I've got a staff person going out to do that. Mayor Ferre: Would you. All right, Mr. Reed. Mr. Reid: The other major concern that we have addressed in the develop- ment order is the access to the DuPont Plaza Hotel and in statement under 10B under the City side, page 8, there is a quite lengthly statement address- ing the importance of maintaining directness of route and quality of service to the DuPont Plaza Hotel as well as their adequate loading service area, that is specifically dealt with in the development order. To summarize this point... Mr. Plummer: Just using that as an example, okay. Of course, Mr. Sheppard has been here on any number of occasions and he has voiced a concern, but the question has to be you addressed in the development order, but the real answer is, is the developer addressed.it. Mr. Reid: The developer is addressing it in terms of, as a requirement of the development order, we are requiring the dedication of the right-of- way which would enable the retention of the taxi lane. The important group 111 JUL W. Reid: (continued): to address the ramp issue, frankly, is the State of Florida who is now paying over a million dollars to design consultants to de- sign the ramps and... Mr. Plummer: My question is simple, because let me re -ask my question. Has the developer conceded to your demands of protecting that right-of-way, either yes or no. Mr. Reid: Well, the developer is going to get on the record and request that instead of 10 feet we take 8 feet, but we have provided for a 8 foot dedication there that would enable the taxi lane of DuPont Plaza Hotel to be provided, number one; but the other thing is, that this Commission will have before it on September 10th, as a requirement of this development order, the detailed plan that is now being prepared by the State consultants and by the developer's consultant, Barton Ashman, to resolve this ramp issue. So, number one, we have in the development order spelled out all the concerns that we are aware. Number two, we have a requirement in the development order that transportation plan be brought back to this Commission for action in terms of reaching a final decision of this point. Rev. Gibson:Mr. Reid, I don't really understand. Are we going to say to them, "Okay, go ahead," and once he gets going then we are going to say to him, "Oh, no, wait a minute, let's see," is that what you're telling us? Mr. Reid: No, we are not going to issue a building permit... Rev. Gibson: No. You know, Plummer, you are the greatest man, there is no- thing like that which is temporary around here. Now, you know, you are not going to issue a building permit, let me tell you something, if he didn't get started, man, he get that thing going in a hurry for you. Isn't that true? Mr. Reid: Commissioner..... Rev. Gibson: No, no, no...if he didn't get started he would get that thing e= going in a hurry for you, wouldn't he? You're doggone right. Mr. Reid: Commissioner, before ....the State is at this point is the agency we assume will be building the roads, there is a difference, there is a conflict if you will, between the recommendations of the State consultant and Barton Ashman, the Traffic Consultant, for the Holywell development, with respect to where the ramp should come down; what we are saying in this develop- ment order that issue should be settled in 45 days, brought back to this Commission and regardless of how it's settled, we expect either solution to maintain the access and the interest of the DuPont Plaza Hotel. Rev. Gibson: Mr. Reed, you don't get my point. Either I'm a slow learner or you don't understand. Mr. Reid: Well, if ... could you .... maybe it's me, Commissioner. Rev. Gibson: I'm saying, I'm saying that what we're going to do right now is'give him our blessing and he goes on, isn't that what you're telling us? Mr. Reid: That's correct. Rev. Gibson: Yes, well, I'm saying if he got no blessing he would get that done in a hurry, wouldn't he? P.A.Q. Mr. Reid: It simply isn't a matter of the developer acting, it is the matter of the State and the developer coming to an agreement, there is more than one party. Rev. Gibson: But, Mr. Reed, where does it start first with the City or does it start first with the State? Mr. Reid: The development order and the language contained within in it is the responsibility of the City, the design of the ramps of the highway system is a responsibility for the State because they pay for building, and 112 AUL 2 31981 Mr. Reid: (continued); we can influence that decision and expect them to be sensitive to our requirements, and I know that they are going to be sensitive to the access requirements of DuPont Plaza. Mr. Plummer: Mr. Reid, .ieit a minute, wait a minute... Rev. Gibson: Mr. Reed, you know,... Mr. Plummer: ...Father, let me help you out. Mr.Reid; let me try to inter- pret for Father the English language that you are not understanding. If he doesn't get his development order here today he's finished, correct? Mr. -Reid: That's correct. Mr. Plummer: Thank you, sir, do you understand what Father is trying to tell you? Rev. Gibson: Right, right, he's a slow learner, man. Mayor Ferre: But the problem, of course, is... Mr. Plummer: No, he just needs an interpreter, that's all. Mayor Ferre: Yeah, but the problem is not only is he finished but so are we finished. Mr. Plummer: Please, I'm not addressing that, but Father was trying to ask a very simple question and Mr. Reed was making it a very complex answer, so ... Mr.Reid: Yes, I didn't understand your question, Father. Commissioner Plummer is correct. Rev. Gibson: Let me put this in the record, I understand that you didn't understand my question. Mr. Reid: Okay, I'm glad one of us is understanding. All right, so there is an issue with respect to whether the dedication should be either 10 feet, but we have provided in the development order for the accomplishment of the DuPont Plaza taxi lane. Okay, the final issue that I want to discuss is the People Mover cost. The applicant has suggested that the People Mover should be moved from its present location to the garage and retail structure. In 15A we've added a requirement, which simply put means, that, if it costs more to build a station at that location the developer has to pay those additional coats, all right. Mr. Plummer: Well, of course, Mr. Reed, now that's not something he has to do with this Commission that what's he has to do with the County Commission, because they're in charge of that. Mr. Reid: Well, Commissioner Plummer, you may recall, we paid for directly a portion of the People Mover system so we have a stake in its' funding. Mr. Plummer: Well, okay, but what we're doing is, in effect, we're making a contribution, it's not for a given station or a given set of track. Now, Mr. Ferre and I sit on that Committee, but even though we are members of that Committee, it is only a recommending Body to the County Commission. Mr. Reid: That' right. The decision is with the County Commission. Mr. Plummer: So I don't see that has being an issue here with Mr. Gould and this Commission. Mr. Reid: If there was a cost differential and it wasn't picked by the developer, we would have to pay 6% of it. Mayor Ferre: All right, go ahead, Mr. Reed. 113 Mr. Aeids That really concludes my :remarks. The issues, again in summary, are the pedestrianisation, which have been dealt with, the traffic, in which we have a mechanicism to deal with in terms of the report of this Committee, and, the People Mover costs. I would like, in terms of public testimony, ask Gene Sims, who is the head of the DuPont Plaza Traffic and Transportation Task Force, to enter some comments into the record. Mayor Ferre: Mr. Gene Sims Xt. Gene Sims: Commissioner Plummer, this is the first time I've lost almost all of the.... Mr. Plummer: Sir, you and I have always had a one-to-one relationship and it looks like to me it's being continued today. Mr. Simms: Honorable Commissioner J. L. Plummer, sir. Mr. Plummer: Honorable Gene Sims, my great, great patriot from the County. Nice to have you here and please don't take it as significant that the rest of the people here don't like you, it's a ..... Mr. Simms: I would like, sir, to distribute a copy of the DuPont Plaza Task report dealing with the findings and the comments of some 5 conditions that we say need further study in the coming 45 days upon issuance of your develop- ment order. Mr. Plummer% Mr. Simms, for the record, has Mr. Gould be given a copy of this? Mr. Simms: Mr. Gould is tri-author of this. Mr. Plummer% Tri-author. Mr. Simms: Along with.... Mayor Ferre: Who are the other two? Mr. Simms: In all honesty, sir, this is a Committee product. The last participation by the developers, the private sector, who are members of the Task Force, was at a presentation and, I report to you with no trepidation at all and some pride in the work of the Task Force, that it was liberally participated by the developers and their professional staff, from Southeast, Holywell, and DuPont Plaza was represented. And we are saying there is some 5 items that need further attention as the details are not refined and specific decisions cannot be made, we are asking that 45 days be allowed for the various consultants to combine with the participation of the Task Force or any sub -committee that it wishes, and, there is considerable determination that all will be resolved. Mr. Plummer: Mr. Sims, let me understand clearly, are you saying that this Commission should not grant the development order until this matter has been resolved? • Mr. Simms: No, sir. I think that Paragraph 3 says we recognize it's your prerogative, we recommend that we continue with this project, to issue a development order conditioned upon a resolution of these items. Mayor Ferre: Okay. In other words, that you... Mr. Plummer: Conditioned upon. Mayor Ferre: In other words, that if we pass an order that with these conditions on it, but if we put these conditions then you think it's all right for us to move on this. Mr. Sims: That's the expression of the DuPont Plaza Task Force, yes sir. Mayor Ferre: I see. All right. Anything else you want to add to that, Mr. Simms? Any questions? 114 JUL 231981 Mr. Plummer: Mayor Ferre: Mr. Reid: Mr. Plummer: Mayor Ferre: Well, I've not read it, Mr. Mayor, so I can't ask questions. All right, the next speaker. Mr. Reid, the next speaker. That's all Ahe speakers from the public.... I have a question of fir. Reid. Go ahead. Mr. Plummer: Mr. Reed, in your presentation, sir, you made a comment that the developer will have to come back to our September lOth meeting for fur- ther items, is that correct? Mr.Reid: That's correct, Commission Plummer. Mr. Plummer: Would you spell out once again what those further items are that he will have to come back for, I assume, these 5 are a part of it, and, aside from this letter, what other items? Mr. Reid: At the September loth meeting the developer is asked to come back with, in working in collaboration with the State, a recommended modifica- tions to the highway and the pedestrian transportation plan to be brought to this Commission for approval, and in terms of what is to be considered in this 45 day working period, we have both the comments of the development order that I mentioned and Mr. Simms's concerns that, in effect, reiterate those comments as a work of this Task Force. Mr. Plummer: So, but you are like then, I assume, Mr. Simms's comments was that it is within the purview of this Commission to pass it today and you feel that those matters could be resolved within the next 45 days. Mr. Reid: Yes, Commissioner Plummer, this is exactly what we did in the case of Southeast development order in which we provided them 30 days to work out a problem with respect to access to their building and some concerns that the State had about that access, we provided a 30 day period. Mr. Plummer: I just want it understood. Rev. Gibson: Let me ask a question. We appointed a Blue Ribbon Committee, Mr. Mayor, maybe you could help me here. Mayor Ferre: Yes, sir. Rev. Gibson: Because he doesn't understand me too well. Mr. Reid: I hope that w#s just once, Commissioner Gibson. Rev. Gibson: Well, I don't want to take a chance the second time. Mr. Mayor, we appointed a Blue Ribbon Committee... Mayor Ferre: We did, sir. Rev. Gibson: You know, you've heard me say this before, I have some real concerns about appointing committees and not hearing from them. Mr. Reid, next time I want to make sure you hear me. I want a report from the Committee. No....no. Mayor Ferre: You mean the person? Rev. Gibson: Yes, sir. Let me tell you, I preach for a living and it is my business to synthesize and, you know, organize to make sure, you know. I want the Committee next time and I want to make sure that the Committee has no strings attached to it, th*t's why we went the route we went. Now, I'm also concerned that we are going to get off going right on, you know, before some of these things are resolved. That bothers me. Bothers me greatly. I happen to know, man, when you call in a guy to the church if you don't get certain things done before you call him you may not get them done after he gets there, so you understand, that even with us, some things don't go right 115 'JUL Rev. Gibson: (continued): all the time, you understand what I've beer► saying? Now next time I want the Committee here, and I don't know about the others, but I want to make sure some of these things are done and I see going in some certain directions before I go from first to second base. Mr.Reid: I did, Commissioner Gibson, read into the record the authorized statement of the Committee, but I understand your request that the Committee be physically here to make their own statements. Rev. Gibson: That's right, I want them to make their own statements and I want to look them dead in the eye, I want their professional competency put on the record. Oh, yeah, that's correct. That's why appointed, note, an architect, I don't know what the others are, but the man I appointed is a com- petent architect and if he was here I'd asked him some certain questions, I'm not so sure I know all that you're telling me. Mr.Reid: I would lik4 to just make a statement that the development order does require a further pedestrian plan, and it was the will of this Commission to have the Committee review that plan, the staff thinks that a good idea to have them continue to look at this development. Mr. Plummer: Mr. kteid,......... Rev. Gibson: I'm only speaking for me. I want all of the information made available to the Committee, all, and I don't anything coming here that they haven't seen that's why we appointed them. Mr. Keia: Yes, Commissioner. Rev. Gibson: Right. Mr. Plummer: Mr. Reid, sir, tell me what advantage or disadvantage it is to the developer since he has to come back here on the loth of September that if this Commission does not pass the development order until the loth of September, is there a detrimental affect in your estimation to the developer? Mr. Reid: Commissioner Plummer, from my prespective, no, the developer may wish to comment further. Mr. Plummer: Thank you, sir. Mr. Mayor, the reason I asked that last ques- tion, and Mr. Gould was not here this morning nor a number of these people, as you will recall, the format of the day was that anything that Mr. Carollo had shown a very deep interest in or anything controversial would be transferred over... Mayor Ferre: At the request of any member of this Commission. Mr. Plummer: ....and I think, even Mr. Gould would admit, that Mr. Carollo has been, for any reason, very deeply concerned about this project, so that's why I asked that question and Mr. Gould, you, of course, are entitled to address that question. Mr. Theodore Gould: That is basic. an September 27th we have to exercise the options that represent an additional $12,000,000 investment... Mr. Plummer: That's on the 27th, sir? Mr. Gould: That's right. Mr. Plummer: Of September? Mr. Gould: Of September. If you are going to assure me that on September loth you will pass this order, that's one thing, but if we have to make re- visions, for example, to the design, I would like the decision to be made today. $17,000,000 is a lot of money to have invested in 3 blocks.... what? Mr. Plummer: Can't disagree with that, air. 116 JUL 231981 . w Z Mr. Gould: Firstly, let me say, this development is now a joint venture of Olympia -York and myself, as_an individual, and Holywell Corporation is not involved in this, and the documentation has been signed to the joint venture, which is called the Miami Center Joint Venture. There is also a second reason why we are here today, apart from the financial burden associated with the pur- chase of land on the 27th, it is related to the agreement that we have reached with Southeast Bank, it was executed today, fundamentally we reached an agree- ment that eliminates the litigation, allows Southeast to go ahead with construe- tion, and provides for revision in the design that will change the nature of { the proposed development. It changes the nature by creating a pedestrian system and an environment at ground level. Now, Mr. Reid has responded to your ques- tions, Father Gibson, in one way and let me respond in the second way. The concept of bringing around down grade on 3rd Avenue.... i i Mr. Plummer: The microphone, you ... no they won't, I'm sorry, take the other one, Mr. Gould, that one will come off and you can still put it on the record. Mr. Gould: The concept of bringing the ramp down to grade at 3rd Avenue to provide access to the DuPont Plaza Hotel was one that I insisted upon, I requested of the Transportation Task Force as member of it, that they consider and requested that the State consider a modification of its design standards allowing a gradient of 8% from the ramp and a clearance of 14 1/2 feet as opposed to 16 1/2 feet. The purpose of it is to allow us to create the greatest, to optimize the development of a pedestrian environment. As Mr. Simms has indicated I participated, along with Dan Paul, Southeast's lawyers, in the development of the resolution that the Task Force has submitted to you today and a formulation of a group consisting of the State's consultant and Barton Ashman, our consultant, to review both the highway system and pedestrian system in order to establish the criteria, the design criteria, based upon which Greiner would then design the bifurcation scheme and make recommendations to us with respect to the widths of the streets, how many second -level pedestrian levls were actually needed. Our fundamental goal in this design is to use Southeast's architectural plaza, extend it as a promenade to our buildings, and connect those buildings with that promenade. In April, Father Gibson, Mr. Suarez sent to you and the other Commissioners a letter in which he made, fundamentally, the same suggestion, it was a resolution passed by the Blue Ribbons Citizens Committee, and that resolution is basically what we're re- sponding to him. The resolution itself was a result of he's reading a letter that was writ,ten by Petro Veluski to the Miami Herald. Now, you requested a model and here is the model. The value of the model is insurmountable be- cause it demonstrates the nature of the design, the compatibility, for example, between our office building and condominium tower and Southeast's financial center. It also shows, in my opinion, that the slope of the ramp at 8% is not unsatisfactory. This podel was done at 40th scale. Later I'll show you some slides of the details associated with the development of this model. As you are aware from the letter that I sent you there are no significant differences in terms of floor area ratio, the quadrant is fundamentally the same size as the program that we have previously submitted, and the differences in this design are completely related to creating a promenade at grade. South- east, and we have agreed, that promenade would be designed jointed by Petro Veluski and Charles Bassett and that they would employed or select for employment a landscape architect, that Southeast and we will jointly pay for the cost associated with the promenade. We will employ the same landscape architect to do the landscaping on the other streets, the streets other than 3rd. I believe that, fundamentally, puts into prospective the degree to which the proposed development order has been conditioned. Southeast's agree- ment and ours specifics, among other things, that we would present this pro- posal to you today and we are. We are trying to adhere to all the agreements that we have reached. The reason why we are prepared to condition the develop- ment order upon the preparation of the traffic plan that will be studied by Greiner and Barton Ashman, and if Post Buckley would like to participate that would be great, is that our goal is to create a pedestrian environment in which there are people, people moving around in grade level. We are not concerned about if we will accept the results of that plan and make them amendment to our development order, but it is important for us to know that the fundamental design, in concept, is satisfactory to the City Commission. You are, in fact, a participant in this process. The streets are publicly owned. The promenade and the development of this pedestrian environment is 117 Jug fg]j 3,11'�01 Mr, Gould,. (continued): basically the decision that I asked for in January of this year when I asked the City Commission to define its' urban policy. You asked the participants of the private sector to negotiate and get together and we have got together, this the plan that Southeast and we have adopted and bringing in this group to do the highway and pedestrian study is also a response to the problems that the DuPont Plaza Hotel has. As far as I an concerned, we would like to resolve those problems, because I don't think there is any reason for any second -level bridges, with the exception of the bridge over Biscayne Boulevard and a bridge that we propose to construct at elevation 46th between our condominium tower and garage. There are bridges specified in the order has being mandated for Southeast and Mr.Colson would like to respond to that himself. As for as the development order is concerned, the discussions have been going on for several weeks, it is my understanding that 4 or 5 days ago'a copy of the marked -up order was sent to each of you. Yesterday afternoon, after the Task Force met and based upon the revisions as a result of a resolu- tion passed by the Transportation Task Force, this development order was re- vised. It was revised, fundamentally, in relationship to the transportation and pedestrian aspects of it, so that the development order would be consistent with the resolution passed by the Transportation Task Force. I do have a number of clarifications and revisions that have to be made. Mr. Plummer: On this order? Mr. Gould: On this order. Mayor Ferre: On the yellow order? Mr. Gould: • On the yellow sheets, I think, let's make certain that the options weren't revised. The height on Exhibit "A", which would be the first page of the development order - Exhibit 'W , the height of the garage is 204 feet. Mr. Plummer: What is it shown? Mr. Gould: 193 feet and it shows in the diagram has 204 feet. Mr. Plummer: Now, hold on just a minute now. Mr. Gould: The drawings that are attached to the development order..... Mr. Plummer: Show me what page you are reading from. Where is the....I don't see the 100.... Oh, I see, okay. And what you're saying is that should be changed from 193 to 2.... Mr. Gould: to 204 feet and the drawings that are attached as an Exhibit are 204 feet. The second thing is, if you go down to where it says "Retail", it says 3 feet, it's 3 floors. Mr. Plummer: How many feet? Mr. Gould: 3 floors of .... Mr. Plummer: Is`that 30 feet? Mr. Gould: No, it's about, let's see, it's about 60 feet in height. The first 3 floors of the retail, of the parking area, the parking pavillon, are retail space. Now, the next comment that I have, concerns an item that is important to both Olympia -York and ourselves, on the second page in item 4, although I realize that you're concerned about possible interference of the construction of this building with the Police Department communication system, I'm concerned and so is Olympia -York• about placing microwave antennas and transmittors on top of the building, I believe there is conclusive reports demonstrating that microwave transmission adversely affects the health of people, and, there is, in fact, litigation in Miami with respect to it, so while I am prepared to accept that I would like to condition it upon it not being a microwave transmission system. Our third comments, before getting into the details of this, concern the diagram that you have as Figure 1 in this. You will notice that there are several bridges specified. One from the DuPont Plaza Hotel, that is contingent upon an agreement, one from the JUL 2 31981 I � I Mr. Gould: (continued): City Convention Center, that is also contingent upon an agreement, bridges across 2nd Street that have been mandated, one of which is mandated for Southeast, and bridges from Southeast's parking garage to levels 29 of our parking garage. It is my opinion that none of those bridges are re- quired, that, in fact, if you think about this development as being a symbol of Miami's emergence as a major international city and the amount of the popula- tion, that is, the number of people who will be crossing the street here, we would like these people cross the street at grade; we would like this develop- ment fundamentally to be a grade, except where it is absolutely necessary, to have a bridge. Now, there is no difficulty in New York, for example, and no- body has proposed at the cornor of Madison Avenue and 57th Street where the IBM building and ATT's building are being constructed, to construct a bridge, there are no bridges on 5th Avenue or Madison Avenue and yet people have been able to get across those streets without any difficulty with proper signalize- - tion.... Mayor Ferre: And say it right, Rockefeller Center. Mr. Gould: And Rockefeller Center as well. And so I would like the Task Force, among other things, to also consider the possibility of the elimination of all of these bridges. The only other item that concerns us is on page 8 and it does concern the traffic on Biscayne Boulevard Way. Now we are prepared to accept the plan that will be adopted as a result of the design revisions that are presented to the City Commission on September loth by the Task Force, and will be presented to the Task Force itself, I suppose, 2 or 3 days earlier than that. This proposal, as it existed in the original document, was for 10 feet on Biscayne Boulevard Way between 2nd Avenue and 3rd Avenue. It has now been revised so that it is 10 feet all along the street. Now, frankly, I'm interested in people there, not cars and I recognize...... Mayor Ferre: Not what? s� Mr. Gould: Not cars, I'm interested in people, I'm interested in seeing people walk around and creating a dynamic environment. Now to move the entire, to widen the entire street, and specify this in the development order prior to the Task Force's report, it appears to me as premature. And I would like this decision as well to be made as a result of the Task Force's report. Those are my comments with respect to the development order and we have slides here if you would like to see the details associated with this model. Mr. Plummer: How long do the slides take? Mr. Gould: A few minutes. Mr. Plummer: A few minutes, show them. Mr. Gould: Many of you during the past few days have been passing our construction site for the -first phase. This is a rendering of the first phase. We have begun construction on the second stage of the first phase, the condo- minium is in the background, we anticipate completing, we anticipating topping out the hotel and office building at the end of November of this year and hav- ing the first occupants for the office building in May of 1982. We will open the hotel during the summer of 1982. I want to discuss the antecedents for the development of this project. What you're looking at is an architectural model of the design of the building that is contained in this program. It is, what I refer to, as the....(inaudible)........ before. This is First Canadian Place, and it is another one of the examples based upon in which this design was created. First Canadian Place was constructed by Olympia and York. Another project of similar size to this that Olympia and York is en- gaged is Battery Park Place, a 9,000,000 square foot development in New York. Now, the Galleria that you have seen between our condominium and office building has as this design antedecent, this Galleria which is in Atlanta is called the Victor Manuel and, fundamentally, it goes from 3rd Street to Biscayne Boulevard Way. Ths is another slide of the Victor Manuel Galleria and we hope that we can create the same type of drama as evidenced in this one. This is the Winter Garden, which is another design antecedent of it, and it is Telly's design for Battery Park Place. To put this project into perspective, and, to show the relationship between Southeast's buildings and ours and the relationship to the remainder of the City, we have taken these additional slides. This, obviously, is a view from the River and this is a 119 'JUL 231�31 Mr. Gould: (continued): view of the project from the I-95, above the 1-95 connection. Another similar birdseye view. We've put this in to demonstrate that we are not creating a tunnel and that as my letter indicated to you what we are trying to do is create a node here, a transportation system node, and to mitigate the effects of this garage which is an integral part of the system, be revising the program. This drawing, along with the ones that will follow, are exhibits that are attached to the development order that's been proposed, and we are prepared to agree that if we make an substantial revision to these drawings or to the model that we present those revisions to you for approval. This is grade level and you can see the condominium entrance on 3rd Street along with our service entrance. Now this is elevation 29 and what we propose to do in the movement of the Downtown People Mover Station is put it at 46th, which is the third level of the retail area, and then have escalators bring it down to 29 so that people can move from there either to grade or into the stores. This slide depicts the level in which the Downtown People Mover system would both stop and also move. What we've shown you here, in fact, is the function of the garage, the garage will hold 490 cars on each floor which means we can put 4,000 cars in a 9 to 10 floor area. The ramp system is very simple and functional and now thpse are the details that are sometimes difficult to see in the model itself; the windows are 13 feet 2 inches with a ..(inaudible)-.. in between; there is a 35 degree bay in the office building, they are 4 feet 6 inches high; the building itself, I believe, is 854 feet high; the office building also has bays, bay windows, and it is 772; the condominium tower has also has bays and 770 feet high. I believe that, again, what we have tried to do is have a compatiable design, something that works with Southeast Financial Center and represents a symbol of Miami, and that's the last slide. Mayor Ferre: All right. Now I'm sure that we have statements to be made by different.... Mr. Plummer: Can we ask questions? Mayor Ferre: J. L., I'll tell you what I'd like to do in the interest of moving along quickly and then we can get to the questions, let everybody make their statements and then we come back ask anybody. Mr. Plummer: I'll buy that. Mayor Ferre: So we'll start. Mr. Paul, you want to start or Mr. Colson, which one of you wish to start first? Mr. Bill Colson: Mr. Mayor, Commissioners, my name is Bill Colson, Concord Building, Miami. Mr. Traurig and I are representing Southeast and Gerald Hines here and I would like to have you look at Phase IV. Mayor Ferre: Excuse me, Bill. Mr. Manager, you've got 2 policeman back there. You think we can get 2 move policemen? Officer, would you ask the people back there to either clear out, come into the audience, but please ask them to keep quiet. They are disturbing the proceedings that are going on here and I want you to get their names and I'm going to announce it over this public system the next time I hear that commotion back there. Mr.' Plummer: Mr. Mayor, don't put the emphasis on the policeman. To the people standing in the back you're embarrassing the policeman to ask him to have you come move. Now all we are asking on both sides either if you're interested come in and have a seat, we're not charging for the seats. If you are not interested go on outside and hold your meeting. Mayor Ferre: All right, Mr. Colson, I'm sorry, go ahead. Mr. Colson: I just want to mention a detail here and it's for the record and it's on page 4 of the order and that's a map and you don't even have to look it, if you want to you're welcome to, but I want to show you what I want to talk about. Mr. Plummer: Excuse me, Mr. Colson. I assume it's not priveleged information, Mr. Gould alluded to the fact that you and he, excuse me, your companies re- spectively have reached an agreement that was signed today. 120 JUL 231981 Mr. Colson: Yes, sir. Mr. Plummer: I have not seen that agreement of which you have agreed to and I do feel that this Commission should have copies to know what the 2 main participants have agreed to because it just might affect us, us the City, so I would hope somewhere along the line we're not going to be kept in the dark. Mr. Colson: We certainly have no objection and I assume that Mr. Gould doesn't, we'll be glad to show it to you. I was getting ready to comment on what that agreement. We have entered into at 1:30 this afternoon an agreement with them in which we will state to the Commission that we do support and endorse the plan that has been put forward to vou. It is our. mutual understanding, and I hope yours, that there is nothing in our actions with them or with you that would do anything to hold back the construction of Southeast Bank, that's clearly our understanding, that's clearly stated in the document, we'll be glad to show the document, and, so I'm saying that just to protect my legal record here in that I'm going to comment on something that's in their order, and it's easier to do, it won't take 10 seconds. There's a bridge that's shown over from our property over to the new location of the new DPM, and that's that, and if I can show you right here, there's some dots that are there, and if you're looking at that, I would just for record like to say that is not a comtemplated bridge on the part, I believe, of all it; now I don't want to speak for Mr. Reed, but certainly for Mr. Gould and I think Mr. Reed, we are in agreement that some day that you, the City, may require a bridge to span 3rd Avenue in a straight line there but if you will notice, I think it's been done accidently, that this one goes at a right angle it goes down 3rd Avenue, and I don't think that any of us think that would be of much use and it also seems to show dots along our building on over to the park, that might become a very fine option for us. Purely for the record we want to say that we're going to abide by your instructions to us about bridges if one is required, but it is our contemplation that is a bridge that will go straight across 3rd Avenue and would hook into the DPM. With that statement we are ready to pro- ceed and that's all we have to say. Whenever you want to see the document they are in my briefcase and we haven't had a chance to unload. Mr. Plummer: I've got questions, but the Mayor has asked me to wait until everybody's finished. Mr. Colson: Okay. Mayor Ferre: All right, Mr. Paul. Mr. Dan Paul: Mr. Mayor, members of the Commission, my name is Dan Paul, I represent the DuPont Plaza Hotel. My address is 1300 Southeast First National Bank Building. Let me say so that I preserve our rights for the record that the resolution which you are being asked to approve today is definitely not accurate. The resolution states in the whereas clauses that the Miami Planning Advisory Board at its' meeting held on September 7, 1981, Item 2, following an advertised hearing, adopted resolution PB 481 by a 7-0 vote recommending approval of the development order for the Miami Center II DuPont Plaza project, a development of regional impact. They have never seen this development order and it's the same point that Commissioner Plummer raised at the beginning, I frankly haven't had time, I got this order about an hour ago, I asked for it to be sent to me by delivery yesterday, I never got it. I don't think it was ready, frankly, by that time, because it continues to be in a continual state of flux, we're dealing with an enormously important matter for the City of Miami as well as for the DuPont Plaza Hotel and I think we should follow the established procedures; now, that one clearly hasn't been followed at all. Of course, this order is again has not been seen by the South Florida Regional Planning and Development Conference. In addition, I do not think that the Sunshine Law is complied with by a public notice not published yesterday. The Supreme Court of Florida has said on more than one occasion that the notice requirement of the Sunshine Law requires that there be adequate public notice so that the public will have the opportunity to attend and that the matter must be stated, the agenda matter, in the public notice. Now those things have not been complied with and, again, that state- ment is made in the resolution that there has been adequate public notice given. I do not think there has, and from the DuPont Plaza point of view, I want to preserve our rights on those points. I think that is totally 121 JUL 2319.81 Mr. Paul: (continued): inadequate. Now as far as the development order itself goes we have still a substantial problem which we are assured at the meeting yesterday and again today is going to be worked out, but I can show easily from the model what the problem is. If you can't see it from where you are.... Mr. Plummer: Dan, Dan, take the other microphone. No, the other one over there comes off. Mr. Paul: If you look at Biscayne Boulevard Way, and I don't think you can see it from up there be -cause the size of these buildings has made a little tiny cavern down below, you will see that Biscayne Boulevard Way, at least from Southeast 3rd Avenue west of Southeast 2nd Street, is in effect a two- lane.road. Now you're proposing to put major department stores and entrances to major buildings, and, of course, as your arrive from Southeast 3rd Avenue and go south you will that it is a much wider road, and I think, we have ad- vised Mr. Gould of that yesterday, that the two -lanes in our opinion is not sufficient to handle traffic to the DuPont Plaza apartments or office building, but even more important, is, in my opinion, clearly not sufficient to handle the traffic that the department stores, the commercial development in these 2 buildings that are going to generate on Biscayne Boulevard Way. Now Mr. Gould is saying today that he wants the developmental order changed so that the 10 feet becomes only 8 feet, I don't know how many feet are going to be required to take care of Mr. Gould's ramps, and at the same time, provide adequate access into Biscayne Boulevard Way, but at this point this problem has not been resolved and I don't know what is to be gained by approving something until you have actually seen what the resolution of that particular problem is. I understand from Mr. Gould that he doesn't plan to pull any building permits until sometime in February or March of next year, so maybe this problem can be well resolved before that time, but I want to make it clear from the Hotel's point of view that we cannot live with Biscayne Boule- vard Way in that condition. In addition, this development order in several places continues again to talk about preparing these final plans and leaving the DuPont Plaza out, for example, on page 3, Paragraph 10A, it says: "the applicant shall prepare in collaboration with the City, the DDA, and Southeast Bank, a plan for unenclosed, non-commercial, publicly -owned pedestrian cir- culation system," well, the pedestrian circulation system is absolutely critical to us and we should have some input in that particular matter at that developmental stage level. The same problem on Item 13A on page 7, it says: "That the applicant shall prepare in collaboration with the Florida Department of Transportation a technical operations and impact analysis of the concerns in 13B", those are all the ones in reference to access to the DuPont Plaza Hotel to in order to come up with a recommended highway and ped- estrian system report within 45 days of the issuance of the developmental order. The DuPont Plaza Hotel should clearly have input into that particular matter. Now as far as 8 goes, and this is unfortunately the Task Force thing although it was talked about yesterday and insisted on, there is no provision on page 8 in Paragraph B for providing bus stop lanes along Biscayne Boulevard Way, which clearly are required at this point. In addition, on page 10 of the development order, and I understand from Mr. Reid that this will be taken out but it is in here now, and when we do this thing in such a white hot rush, it's like the Southeast development order you found now that you have approved in the development order, and I don't know whether you know or not, but you have approved and required Southeast to provide a truck stacking on the south side of their plaza so until that is changed there will be no access to that pedestrian plaza across the road. I think everybody agrees that shouldn't be there at this point, but, nevertheless, it is in the development order and I call your attention to Paragraph 8 on page 10 along these lists, it says that you are going to remove parking on Biscayne Boulevard Way, which we can't possibly live with, there has to be taxis and there loading lanes there and you're going to resurface and strike from Southeast 3rd Avenue to Biscayne Boulevard is taking out that parking and loading lane. There are other problems that we have with this development order, but those are some of the major ones that I tell you about at this particular point. We have got to carefully review this order and that we have not had time to do. Now Mr. Sheppard himself wants to talk about some of the problems he sees with this particular plan and model -as he sees it now. Mr. Skip Sheppard: My.name is Skip Sheppard, DuPont Plaza Hotel. Unfortunately 122 JUL 231981 yesterday I couldn't attend the task force because I went to the hospital for a check-up. The doctor said I was all right, but don't let Gould get you down. Now Mr. Gould, I really feel looking at this model I feel like a little fish being swallowed up by a big shark. He has hidden me, he is going to eat me all up. But I'm not concerned about him eating me up, all I'm concerned about at this time, Mr. Commissioners, is that we have good traffic flow and good pedestrian flow. Mr. Gould mentioned about pedestrians, he's more interested in pedestrian flow than traffic flow, however, he does say in his letter to the Mayor yesterday that we will provide a taxi stand with requirements to be satisfied by our agreement to widen Biscayne Boulevard Way by B feet and take away using the 5 feet which you now have as green area. So you see, he says he's going to give you something but he is taking everything away. So I just want you fellows to understand that he may mean well but I don't think he is doing right by the DuPont Plaza area and I hopefully suggest that you do not give him this development order today until he comes back with further plans. Mayor Ferre: All right, other statements by .... Mr. Reid, we'll let you speak later on. Does anybody else of the property owners or in the immed- iately adjacent area wish to speak or governmental officials or agencies? All right, now let's see if there is any member of the public other than those that are interested parties that wish to speak on this issue. All right, hearing none now I'll open it up for questions and I have a sense that we're not going very far today from the way this thing is going and the way the questions have been asked so I would ask in the interest of time,'I'm'sure that everybody here wishes to solve the problem and get going with this project. I think the problems or the questions that you may have I would hope would be addressed in a constructive way so that we can cut through whatever it is that we need to cut through to solve the problems that are still unsolved and hopefully we can move along. Mr. Reid. Mr. Reid: Mr. Mayor, if I could make a statement in behalf to some of the comments made by Mr. Gould, Colson, Paul and Mr. Sheppard. Ninety percent of the comments we have absolutely no problem with and could be worked right into an amended development order. Mr. Gould's point (1) 193 feet instead of 204 which..... Mayor Ferre: Mr. Reid, you have written all these technical points down, the Chair will rule that you can submit them into the record and let them be accepted into the record as you submit them and then we'll get on to the questions of members of the Commission and then let's see where we go. Mr. Reid: Fine, because we can accept most of these points. Mr. Plummer: Well, Mr. Reid is going to be my first question so let him stay there. Mr. Reid what assurances are built into this development order - and I'll give you my fear - my fear was that I think most of the members of this Commission had a feeling when Mr. Gould started across the street, I don't know if that is Miami I, A, B or II, I'm talking about the office tower and the condominium. I personally had the feel that it was all going to be done at one time, it was a project then we later or I later found out that, in fact, it was going to be done in piece meal. Now, what guarantees are built into this that what we see here is all going to be done ai the same time? Of course, the most crucial portion of that is that the garages are going to be finished no later than the condominiums and office or hopefully before. Now, as this is proposed is it a total project and when Building Permits are taken it is all going to be for basic- ly the same completion date, I'm not worried about starting date. Mr. Reid: There are two comments on that, Commissioner Plummer. In the development order it specifies the development order is null and void in page 16, number 26, will be null and void if substantial development is not begun within 2 years of recorded date of this development order and in substantial the term substantial development.... Mr. Plummer: That doesn't answer my question, Mr. Reid. Mr. Reid: Commissioner Plummer, it answers it to the point that he has to begin this within two years or lose..... Mr. Plummer: It doesn't say how much of it, is it that he has to start it by taking out one permit or a number of permits or a permit for its entirety? Let me tell.you what I'm trying to avoid, sir. What I am trying to avoid is Mr. Gould started across the street, my impression was JUL 231 it was a total complex. Now he didn't choose to do the condominium, and I understand why, but since that approval our rules have changed, i.e. the setbacks and all of those and that concerns me. Where in this development order is it said if it is , "All or nothing"? Mandating it. Mr. Raids Commissioner Plummer, what is said in the development order, that in order to achieve substantial development the following items have to take place. Now in terms of Mr. Gould's own construction sched- ule he has suggested that the project be built in two phases, that the first phase be the condominium and the garage retail structure and that the second phase be the office building and in his letter and representa- tions to you the development order simply states that if these things are not begun in two years that the development order is null and void and I think you have raised a good point, Commissioner Plummer, and it would make sense to add to this point #26, condominium tower and garage because the important thing in terms of the public decisions that have to be made is to assure timely completion of the garage, the People Mover and the bifurcated ramps that are related to the construction of the gar- age. Mr. Plummer: Well, you then will insert the wording before the next meeting. Mr. Reid: I believe that the word garage should be added there and that makes sense. Mr. Plummer: Mr. Reid, I didn't concur with the statement that said that there was no significant difference between an office building and a con- dominium. Mr. Reid, who has been charged with the responsibility or I want, I guess, assurances that this matter has been addressed and the cost thereof. You know, you put a condominium, how many units in the con- dominium? Mr..Reid: In this condominium 694. Mr. Plummer: Okay, call it 700. Now when you start putting 700 or 1400 bathrooms in a building instead of 2 bathrooms or 4 to a floor there is a hell of a difference I don't care what anybody says. Now, our Public Works Department, have they gone into this? Who is going to pay for the utilities? Who is going to pay, I'm assuming we're talking about tremend- ous underground sewerage, water to the building, is that being paid for by the developer? Is that addressed in this document? Mr. Reid: The development order addressed the regional impact or had a report addressing the regional impact of the project. In terms of the changes in the project that have been made between its initial representa- tions to this Commission in January and the project before us today, the regional impact with respect to traffic because of the condominium has been substantially diminished. Mr. Plummer: That's traffic. Mr. Reid: That's traffic. In terms of water usage, the regional impact has-been increased. We do not believe it has been increased to the level so that it cannot be handled by the public water systems and, of course, there are regulations both in terms of the, and established procedures both in terms of the utilities, public utilities such as the water and private utilities in terms of the developer sharing costs with respect to providing those facilities. Mr. Plummer: Is that in this document? Mr. Reid: What we have in the development order process, Commissioner Plummer, is representations from the utility people and from both public and private that they can serve a development to the level of development that is anticipated by Miami Center II. Mr. Plummer: At whose expense? Mr. Reid: pommissioner Plummer, in this order and all previous develop- ment orders whatever that utility has in terms of its arrangements with private customers has been accepted as the norm in terms of any cost shar- ing. i24 VuL 231ss1 OF Mr. Plummer: Mr. Reid, you have a very short memory, sir. I will bring -' to our attention the y problems existing at 15th and Biscayne Boulevard, sir, I am trying to avoid tht problem. Mr. Reid: Specifically with what.... Mr. Plummer: Omni. This Commission wound up putting up $600,000 for utilities so they could build. I don't want us to get back into that posi- tion again. Mr. Reid: Well, in terms of that specific problem, there is also a similar kind of problem in this development order that we addressed at the last meeting, and I can put it on the record here again today. Mr. Plummer: Please do. Mr. Reid: In the case o the Omni the $600,000 was advanced to the State Roads for the purpose of constructing roads that were needed for the develop- ment to proceed and then they paid us back over a 5 or 6 year period. In the development order that we have before us a similar problem exists with respect to the bifurcated ramps. It is our expectation that the bifurcated ramps should be paid for by the State of Florida as part of a regional high- way responsibility. The County and the City have made such representations to the State Legislature and so forth and it has been made a priority item in terms of funding. The development order will require us to come up with a public sector financing package for the bifurcated ramps by September of 1982. So to that extent in terms of that particular utility in previous discussions before this Commission we were very explicit that that was the terms of the development order and the Southeast development order was adopted with that premise being in it and that premise has not changed, Commissioner. Mr. Plummer: So it is understood that the developer will pay the costs. Mr. Reid: What is understood is that it is recommended in the development order that the State pay the cost for the bifurcated roads. Mr. Plummer: I'm not talking about the highway, everybody understands, that's the State's responsibility. Speak to the issue I'm speaking to. Mr. Reid: Well, Commissioner Plummer, when I asked you about utilities you use¢ the highway at Omni as an example. Mr. Plummer: I said the water and sewer, now you told me the companies can adequately serve, that's fine. I'll ask you again, who is paying for it? Mr. Reid: I think that we would have to have on the record the Miami Dade Water and Sewer Authority and the Southern Bell and the other utilities to talk about their cost sharing agreements, I'm not..... Mr. Plummer: I'm not talking about their cost sharing, I'm talking about is the developer paying for it? Mr. Reid: Commissioner Plummer, I cannot respond to your question. Mr. Plummer: Well, you should be able to if you're giving me an order. You know, Mr. Reid, you can burn in hell with a lot of expectations. Now I can't live with expectations, I want it in black and white. Mr. Reid: Commissioner Plummer, I said I cannot respond to your question, the only thing we can do is get people here who can. Mr. Plummer: No, excuse me. Where I'm finding a problem, Jim, all right? Is the fact that it is not already addressed in this document. Mr. Reid: I would say, Commissioner Plummer, in none of the development orders that I've been familiar with in the three years in representation before this Commission has the cost sharing arrangements with respect to the provision of electrical, water and sewer and so forth been an item. What has been an item is roads and traffic lights and that kind of thing. Mr. Plummer: Don't you think it should be? Mr. Reid: I think in terms, it has been something that has been settled between the private developers and the providers of those utilities and ij 125 JUL 2231981 we have none of those providers here today saying that they can't provide the services. Mayor Ferre: Mr. Reid, I'm sure Commissioner Plummer needs nobody to de- fend him but let me just say that I think that what the standard procedure is in previous matters really almost is not germane because this is such a vast important project that the magnitude of it requires special effort and special consideration almost in every sense and every detail. Now, just to put it in perspective, when DuPont Plaza is developed the way this model shows there will have been more construction in downtown Miami in just those blocks than all of the construction that has been made in square footage in Miami prior to 1980. That's how big that is. There will be more people going through those collective buildings, and I'm including, of course, the World Trade Center over here •and our Convention Conference Center than go through downtown Miami today, that's how big that is. That's how important that is. That's how much of an impact that will create on this community. Now, the other side of it I'm sure is that this si some- thing of such importance to the well-being of this City that I'm sure that we do not want to in any way deliberately harm what I perceive to be al- most, and I don't mean this to be a pun, but an Olympian effort to... Mr. Reid: Olympia and York. Mayor Ferre: Well, I didn't say anything about York, I said Olympian, we'll leave York out of it. I think this is really the magnitude of this is really, I don't think we in this community understand, really fully understand what this is going to do to this City. Now, Skippy, to your comment about the shark and how you feel like a little fellow, I don't mean to hurt your feelings, actually I won't because you weren't involved. When my predecessor Gutzie Palmer and Mr. Kepness put up the DuPont Plaza there were an awful lot of people around here who felt that they were the sharks who were cutting off the view of the river and the bay with a rather massive and big building. So you know life is relative and time goes on, now that big big super DuPont Plaza..... Mr. Shepard: Excuse me, Mr. Mayor, all I suggested, he just move it 50 feet to the north, that's all. Mayor Ferre: Skippy, I'm just saying that I think, that was the second part of your request. Mr. Plummer: Are you suggesting we put it on wheels so at certain times of the day we can move it back and forth like they do in Chicago? Mayor Ferre: I guess the point I'm trying to make is that I sense from this Commission that this item because of all the unsolved questions is going to be continued and, therefore, I think in the interest of saving... Mr. Plummer: No, I wish you wouldn't say that because I want to offer a suggestion that I think that I can live with and that others might. Mayor Ferre: Okay. Mr. Plummer: Mr. Mayor, Mr. Gould made a comment and he gave me the sug- gestion and I understand his time frame and his problems and he said that at least what he had to have to walk away from here today to make I guess sleep at night between now and the 27th of September is that at least this Commission express that we accept the design in principle, that was his wording and, Mr. Mayor, I'm ready to offer that motion that we accept this design in principle. Mayor Ferre: The Chair accepts your motion, sir. Mr. Plummer: Well, I'm saying now that was his wording and I've got no problem and I don't want anybody to be misled, that is not the same as giving the development order, we're going to reserve that right until the next meeting but I've got no problem with accepting the design in principle, period, ahmen. Mayor Ferre: There is a motion on the floor that the design as presented be accepted in principle. is there a second? Mr. Lacasa: Mr. Mayor, I am going to second that motion because I don't believe that today we have the votes to do much better. However, I would like to emphasize that it is not only what this project as well as Southeast means for the City of Miami. It is also the projection of the image of the City of Miami outside here in our task of trying to attract development companies to continue what we are trying to do in the City of Miami. We are considering the development of Park West, we are con- sidering the development of the City of Miami area north of the Omni and hardly we will be able to attract the type of money that will be needed = and that will be coming basically from the outside unless this City Com- mission projects the image to those potential investors that we are a body with enough flexibility and aggressiveness as to help in the cooper- ation of the implementation of these projects. So with that thought I _ second this motion as second best of what we could have done today. Mayor Ferre: All right, Mr. Plummer. — Mr. Plummer: Mr. Mayor, as asked, Mr. Gould you'd better listen to this, — sir, don't walk out. As asked by the Clerk, my resolution is tied to this model, is that understood by seconder, Mr. Lacasa? Mr. Lacasa: Yes, sir, at this particular time, Mr. Plummer, anything that you propose has to be accepted because there are not three votes here. Mr. Plummer: Now wait a minute. Mayor Ferre: Mr. Gould, what the maker of the motion is saying is that that model becomes property and is an exhibit in the motion so that.... Mr. Plummer: That is the design concept we've been presented with and, of course, that's what it is approval of; and the second item, Mr. Mayor, I think it is only fair that this Commission try and resolve the problem that obviously still exists between Mr. Sheppard and Mr. Gould and in the same way that Mr. Gould entered into negotiations with Southeast, that he enter into the same negotiations with DuPont Plaza and report back to this Commission on the loth. I think with those stipulations... Mayor Ferre: Those two stipulations are part of the record, accepted by the seconder of the motion. Mr. Gould, the Chair recognizes you, sir. Mr. Gould: I cannot leave the model here, we will return it on September loth. Mayor Ferre: Fine. Mr. Gould: The second thing while Olympia and York and I, Miami Center joint venture are prepared to accept the resolution that you have presented, you should know that we have nothing else to do here, the task force that has been created, the DuPont Plaza Task Force will formulate a highway and pedestrian system report for your review and acceptance. Mayor Ferre: Well, with the exception of Plummer's stipulation. Mr. Gould: Well, I have a problem with some of the stipulations with respect to the DuPont Plaza Hotel. I want you to know that I met with Mr. Sheppard and Dan Paul and they were the first people with whom we met and we showed them the plan associated with this traffic system and I specifi- cally asked Mr. Sheppard, "Now, do we have an agreement? I'm not going to walk out of this room and present this to anybody or support it unless I know that we have an agreement." Mr. Sheppard's response at that meet- ing was yes, and he asked me if we could also reach an agreement with re- spect to the extension of the Riverwalk. Now, you know I could sit down and negotiate an agreement with Mr. Sheppard in writing but that agreement is going to be subject..... Mayor Ferre: Now wait a minute, Skippy, Skippy.... Skippy, please sit down, I'll recognize you in a moment, please. Let's have soon order here, please. I will recognize you in a moment, Mr. Sheppard. Mr. Sheppard: I don't appreciate those remarks. Mr. Gould: Fine. We will not negotiate with DuPont Plaza Hotel until the report of the DuPont Plaza Traffic Transportation Committee has been com- pleted. We cannot negotiate an agreement with him outside of the profes- sJongl analysis prepared by Greiner and Barton Ashman. I'm not capable of determining whether or not the terms of the agreement that Mr. Sheppard would try to exact would allow us to create a transportation and pedestrian 127 JUL 2 314R= system that worked but I'm going to repeat what I said before, we did reach an agreement. Now, subject to that condition we're prepared to accept a report, their proposal. Mayor Ferret Mr. Sheppard, do you want to say anything at this time? Mr. Plummer: Mr. Sheppard, would you have a conference wity your attor- ney first before you say anything? Mr. Sheppard: I'd just like though, I would like to state that when Mr. Gould talked to me about it I said agree in concept but I didn't agree on the traffic flow and so forth, I didn't agree about him taking away five feet of the green area which we may need if traffic, if the traffic flow, the pedestrian traffic flow, we may need, the City may need that 5 feet to extend the sidewalks. Mr. Lacasa: Mr. Sheppard, as I have expressed to you on other occasions, as far as this vote is concerned, I will not vote for the final order of development until after I am satisfied that the DuPont Plaza access is secure and safe. Mr. Sheppard: Thank you very much, but he just in his letter to the Mayor yesterday, he said he wanted to take away the five feet as of yesterday so how could he say I agreed with him? Mayor Ferre: All right, are there any other statements? Father? Rev.Gibson: Mr. Mayor, we haven't voted yet? Mayor Ferre: No, sir, we sure have not. You've got the floor. Rev. Gibson: Mr. Paul, I hope you wouldn't come back here anymore and tell me that there was a document pertaining to any that going on down there that you have not seen. That to me is really in violation of the instruction we gave all the people. We said make all these documents accessible to everybody. Now, I hope nobody is going to come here any- more and to give men a document on Monday to deal with such a monumental matter as that and then you're already in this meeting and you don't have adequate time to gather or to learn what the implications are to me is not quite fair and I hope, sir, you will never be able to say to us while we're dealing with this matter anymore that you haven't had time to see and that you just got that today. That's not fair. Mr. Dan Paul: We concur with that, and, of course, you sounded that warning at the last hearing that you said you wanted all of these docu- ments to be available some days in advance of the meeting and it isn't just your desire to have them available, but I think the Sunshine Law requires that they be available so the public can inspect them. Because there are more interests that need to be represented here than just Southeast, DuPont Plaza Hotel and Holywell Corporation. The public has a big interest in what DuPont Plaza Center is going to look like and whether we're creating a concrete canyon here or whether we're going to create something that we can be proud of and, of course, that's the job that you gentlemen have to do in behalf of the public and, of course, the Planning Department of the City of Miami is charged with that job so I think that you're correct that it is extremely important that we get the very best possible design and plan we can for this area from point of view of vehicles and traffic and pedestrians. Rev. Gibson: And one other thing, I am even reluctant to discuss further this project without a report and endorsement by that blue ribbon com- mittee because it is so easy for me to be had. There are a lot of impli- cations in there. Mr. Plumper: Father, I will accept that as the third item to the motion that the blue ribbon committee be invited to this meeting and make a report, I'll accept that: Rev. Gibson: And explain to me - I don't want anybody else - explain to me all the intricacies involved in there because I don't think I under- stand them and I'm willing to trust professional judgement. Now the Mayor is an architect, you have to understand nobody else up here is an archi- tect but the Mayor so he knows from the word go what is happening but I �.28 JUL 2 w . preach, you know, and I appointed a man on that committee, I wish he were here, I could say to him "Is that clear, are we going to stay out of trouble there?" I like that. Mayor Ferre: All right, we have a motion with three stipulations now that have been accepted by the maker and the seconder. Is there further discus- sion on the motion? Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 81-704 A MOTION OF THE CITY COMMISSION TO ACCEPT THE DESIGN FOR MIAMI CENTER -II IN THE CUPONT PLAZA AREA, IN PRINCIPLE, PUR- SUANT TO THE SCALE MODEL PRESENTED TO THE CITY COMMISSION ON THIS SAME DATE AND FURTHER INSTRUCTING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH THE DUPONT PLAZA HOTEL AND SOUTHEAST FINANCIAL CENTER FOR THE RESOLUTION OF THE TRAFFIC PROBLEMS (BOTH VEHICULAR AND PEDESTRIAN); FURTHER INSTRUCTING THE MANAGER TO OBTAIN THE INPUT FROM THE MEMBERS OF THE BLUE RIBBON ADVISORY COMMITTEE. Upon being seconded by Commissioner Lacasa, the motion was passed and opted by the following vote - AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo. Mayor Ferre: Now let me understand where we are, Mr. Knox, on a legal basis. We had a public hearing in March which was continued to this public hearing for the purposes of further information. There have been now a series of items and discussions dealing with mistakes or alledged mistakes on this yellow document and, therefore, the Commission is instructing the administra- tion to see if they can work out the lack of or misinformation, correcting the document and bringing it back then on the loth of September. So with the stipulations as passed by the previous motion made by Plummer and passed unanimously by the Commission, this public hearing will then be continued until September loth at which time hopefully you will have all of these things either worked out, the blue ribbon committee will be here and all these other items will then come before us again. Is that correct? Mr. Knox: Yes, sir, that's correct and appropriate. Mayor Ferre: Do you need a formal motion to that effect? Mr. Knox: No, sir, the notice will indicate that this is a continuation of this public hearing. Mayor Ferre: Oh, one last thing, Father. And Mr. Manager and Mr. Clerk, would you make sure that the next time we advertise this as a public hearing that you do it substantially ahead of the meeting, that you do it in large print and that it be done, you know this is a major item for this Commission. Mr. Gary: Yes. sir. Mayor Ferre: All right, Skippy, you got a problem? Bill? Anybody have a problem? Rev. Gibson: I want to ask a question of Southeast. You know I'm not up here protecting anybody but once I take a position I believe in living with my position. I take it that now you are to proceed with your business, is that right? Mr. Colson: Yes, sir. Rev. Gibson; Okay, I just wanted to make sure for the record that you're to proceed. Mr. Sheppard, I want to ask you a question. I'm not here to pro- tect any one somebody, I notice you refuted what was said and, of course, in 129 JUL 231981 1 an effort to get an understanding there was no desire on the part, you tell them my business from the pulpit is to watch and see who is listen- ing to me and then I know how to come down hard. Mr. Sheppards I just offered my hand of friendship to this man and he refused to take it. Rev. Gibson: I saw that. Sir, that bothered me. Mr. Sheppard: And I don't think that is proper because he said I lied and I don't think that's proper because it wasn't so. And Mr. Roy Kenzie did not stand up for me when he heard me and he told me that and I don't think that is proper either. Rev. Gibson: And since I am a City father let me say this. As a City father since I am a City father I have to see that this family at least be amenable to each other and speak. I saw that, that bothered me and I would hope that when you men leave here that every effort would be made for you to sit down and solve your problems. If I were you, I would be angry myself because you're already there, you have rendered service, you have shown your willingness to make this community what it is and I just hope that..... Mr. Sheppard: I've been a member of this community for 36 years. I've devoted a lot of time to community affairs and to my business and I don't appreciate a man acting the way he did. He'd better apologize to me, I don't have to apologize to him because I have done nothing wrong except to fight for what I think is right. Mayor Ferre: I think that you don't need to say anything to this Commis- sion or this community, we all know who you are, we all know that you've got a fine record and you're a respected member of the business commun- ity and you've certainly for the 25 years that I've known you I've never seen you do anything but the right thing for this community so you don't have to say anything else. is there anything else we need to discuss at this time on this item? 77. FOR24ALIZING RESOLUTION: ALLOCATE UP TO $10,000 FOR CONTINUED CONSULTANT SERVICES DURING NEGOTIATIONS WITH CABLE T.V. (TELECOMWICATIONS MANAGEMENT CORPORATION) Mayor Ferre: All right, sir, we're now on items SA 12 and 13. I assume I say 12 is rather simple, isn't it? Mr. Gary: Yes, sir. We approved the trust fund to expend funds for the continuation of the negotiations process. And this merely allows us to expend funds for the continuation of Mr. Pilnick's service. Mayor Ferre: All right, is there furhter discussion on that? All right, who moves it? Mr. Plummer: Move it Mayor Ferre: Plummer moves, who seconds? Mr. Lacasa: Second. . Mayor Ferre: Lacasa seconds. Call the roll on SA-12. (CONTINUED ON NEXT PAGE) 130 JUL 231981 f rcA The following resolution was introduced by Commissioner Plumet, wbo y. mowed its adoption: RESOLUTION N0. 81-705 A RESOLUTION ALLOCATING UP TO $10,000 FROM THE TRUST AND AGENCY FUND ENTITLED: "CABLE TELEVISION FOR THE CONTINUED CONSULTANT SERVICES OF TELECOMMUNICATIONS MANAGEMENT CORP. DURING THE NEGOTIATION PERIOD WITH THOSE APPLICANTS PROPOSING TO OPERATE A CABLE TELEVISION SYSTEM TO SERVE THE CITY OF MIAMI WHICH HAVE BEEN SELECTED AS APPLICANTS WITH WHOM A CONTRACT IS TO BE NEGOTIATED; AMENDING THE CONSULTANT AGREEMENT BETWEEN THE CITY AND SAID TELECOMMUNICATIONS MANAGEMENT CORP., DATED JULY 7, 1981, TO COVER THE ABOVE CONTINUATION OF CONSULTANT SERVICES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution way passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo AUTHORIZE CITY MANAGER TO COMMENCE 78.. NEGOTIATIONS WITH AMERICABLE OF GREATER MIAMI - (a) RESOLUTION VOT PASSED DUE TO LACK OF FULL CO201ISSION (b) KANAGER WILL PROCEED ON BASIS OF PREVIOUSLY PASSED MOTION (c) AUTHORIZE CITY ATTORNEY TO ENGAGE AR14OLD & PORTER LAW FIRM k " ASSIST WITH NEGOTIATIONS Mayor Ferre: Now, we have'SA-13. This is a resolution which formalizes the motion 81-646 that was passed on the 14th day of July. It authorized the Manager to commence neogitations with Americable of Greater Miami for the operation of cable television system to service the City, with neogtiations to proceed with Miami Telecommunications, Inc., should negotiations with Americable of Greater Miami prove unsuccessful. Now, this is the resolution that formalizes the motion that previously passed. Now, before I recognize you, Mr. Gerstein, I will recognize first the Manager for any statement he wishes to make, then the City Attorney for any report he wishes to make on his part of the resolution. Mr. Gary: All I can say, Mr. Mayor, is that we've been in contact with Mr. Pilnick, and as soon as the City Commission makes a decision on the attorney and we get them on board, we will proceed as quickly as possible to negotiate. Mr. Plummer: May I inquire, maybe of the attorney, we were handed a memo today in relation to the law firms. Are you looking to this Commission today to chose a law firm today? lac. Knox: Yes, air. JUL 2 31981 Mr. Plummer: Is.there such a resolution attached? Mr. Knox: A resolution wouldn't really be necessary if you would authorize me to enter into an agreement with the law firm. Mr. Plummer: Is ... I don't see any dollars attached. Mr. Knox: There are dollars attached in terms of the hourly rates that would be charged by the respective attorneys. Mr. Plummer: What are you looking at, regardless of what firm, and I assume you're going to recommend one. Mr. Knox: Yes, sir. Mr. Plummer: The firm that you're looking at, what are you looking at in bottom dollars. Or are you ... what do you foresee? Mr. Knox: Well, it's somewhat difficult. There's one individual in the firm that we spoke with who indicated that his fee would be an hourly rate, or a fixed fee of $20,000. We asked each of the firms, and this was the only one that gave us a firm, a bottom line figure. One of the firms indicated that they would like a cap at $100,000. So, the range can be anywhere from $20,000 to $100,000, depending upon the number of hours that are spent in this undertaking. And we assume, we did assume that the attorney would participate in all negotiating sessions, and participate in the drafting of the agreement. Mr. Plummer: So, approximately what you're looking at is in the neighborhood of $20,000. Mayor Ferre: Wait, wait... Mr. Knox: No, sir. There's a very wide range that we'd be looking at, and that range would go from $20,000 to an outside maximum of $100,0000 depending upon which firm is selected. Now, the only thing that we can do, we can give you what the hourly rates are. It's impossible to project the amount of time that would take in accomplishing this task. And again, we assume that you would want the attorneys, rather than to simply draft a document, you would want him to participate in the negotiations. Mayor Ferre: Oh, yes. Look, let me speak out on this, J. L. Mr. Pilnick recommended two law firms. Now, our instructions to the Attorney was to find the best attorneys that he could find for this task. Now, do you have a specific recommendation for us, Mr. Knox? Mr. Knox: Yes, sir, I do. Mayor Ferre: Tell me, tell us what it is. Mi. Knox: Based upon the interviews that we conducted... Mayor Ferre: Could we have your attention, please? Go ahead. Mr. Knox: Based upon the interviews that we conducted in Washington on Tuesday, with the four law firms, our recommendation is that the City Commission authorize us to negotiate with the firm of Arnold and Porter. Mayor Ferre: Arnold and Porter. All right, now, as I understand, Arnold and Porter will probably be the most expensive of all the attorneys that you have that you looked at. Is that correct? Mr.Knox: That's correct, air. Mayor Ferre: Let me subscribe to your recommendation by putting it to you this way. And I'd like Mr. Dan Paul, and Mr. Gerstein, and Senator Myers, and all the interested +attorneys that are involved in this, especially Ken Myers who represents Americable. I think that we're a heck of a lot better off getting a top notch, highly visible, highly respecte, 132 'JUL 2a1ss1 Mayor Ferre (continued): highly recognized law firm, and pay them more, than to end up with a smaller, not as well known, I'm not saying that small law firms don't have to guard their reputation as well, but I think these are experienced lawyers, they represent, as I understand, New York City in cable t.v., and I think that we're...I'm not trying to knock Mr. Pilnick's recommendation. Mr. Pilnick recommended two law firms who are smaller in nature, but it seems to me that you can't go wrong. And I always like to use as an example, and excuse me, Father, for repeating it over and over again, if God forbid I need open heart surgery and I go to my doctor and he says, look, we can do it here at Mercy Hospital. We have a nice doctor, and Dr. Jones, or Virgin or so and so, can operate you, but I know that Dem Cooley is in Houston Texas, and I know that Denton Cooley is the guy that has the bigest operation, and sure he's going to charge me more money, but I'll tell you, when it's something that is that important, I want the best. I think you're going to have a much better go at the negotiations with a top firm like Arnold & Porter than you would —now, you know, I'd like the input of the attorneys that are invorved' in tfils process. Mr. Plummer: Let me tell you also where I'm at, Mr. Mayor. The reason I asked that questions, you know, when Mr. Merrill came before us, he made an inference to the fact of the $10,000 deposit, non-refundable, with the proviso, excuse me, not proviso, but the inference was that this would pay for the process. Now, I'm going to tell you without question, that we've got $50,000. That's what we've got, and we've expended $25,000 for Mr. Pilnick and we're doing another $10,000. Mayor Ferre: J. L., the successful bidder is going to pay. You know that. Mr. Plummer: Is going to pay. Do they know that, that's important. Mayor Ferre: Kenny, you know you're going to end up paying for it. Mr. Hermanowski, you know you're going to pay for it, and you know what we're saying is you're going to pay more for Arnold and Porter than you are for... Mr. Ken Myers: We understand that. But we would like to see the City be confident that they have the best available legal advice, as well as all other professional advice since we are interested in the best possible cable t.v. system as well as you are. Mayor Ferre: Mr. Gerstein and Mr. Paul, or whoever represents... Mr. Myers: We'd like to move along as quickly as possible with them. Mr. Gerstein: Mr. Mayor and members of the Commission, Richard E. Gerstein, President of Miami Telecommunications, Incorporated. Arnold & Porter is, of course, an outstanding law firm with a national reputation. I call to your attention, Mr. Mayor, for the record, that an individual, or the firm of Arnold and Porter is the consultant selected in New York City where my parent company Telecommunications Incorporated is one of the bidders. I call that to your attention. Mayor Ferre: Tell me again. You say Arnold Porter is the consulting law firm... Mr. Gerstein: Arnold is an individual_ from that law firm has been selected by New York City as the consultant. Mayor Ferre: To New York City? Mr. Gerstein: Yes. Mayor Ferre: But what dotes that have to do with your firm? Mr. Gerstein: I just called to your attention so that you will know of that involvement and Telecommunications Incorporated is a bidder in New York City. Mayor Ferre: Okay. Mr. Gerstein, you may remember in the beginning of the conversation, I said that one of things that I like about Arnold 133 JUL 231981 +1 t{ ji t+ Mayor Ferre (continued): and Porter is that the City of New York, who obviously is the largest city in the United States, had selected Arnold and Porter. Mr. Gerstein: I understand that. I call to your attention that Telecommunications Incorporated is a bidder in New York City. So that you will have that information for whatever disposition you care to make of it. Mayor Ferre: You haven't answered the question, and that is do you have any objections to Arnold and Porter as the attorney that will help us not only draft but negotiate this contract? Mr. Gerstein: No, air. We do not. Mayor Ferre: Okay. You don't, Senator Myers. Is there anybody else here that wishes to speak to this point, the selection of an attorney. All right, what's the will of this Commission on that point? t Mr. Plummer: I'll move the recommendation of the City Attorney, that j Arnold & Porter be used for the purposes of the negotiations. Mayor Ferre: Is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion? Call the roll on the selection of Arnold & Porter. Let the record again stipulate that there is a cap of, what, $100,000 on this? Mr. Knox: Yes, sir. There's a... _I Mr. Gary: There are two things. You talk about yours first. Mr. Knox: We would propose to advise Arnold & Porter that there is a cap of $100,000 and that figure cannot be exceeded without further authorization by the City Commission. Mr. Gary: What I was talking about, Mr. Mayor, in the RFP we had a section in there that said that the successful bidder would incur the cost of negotiations up to $100,000. Mayor Ferre: Okay. Mr. Gary: I guess what I'm saying is if all the costs with regard to negotiations exceed $100,000, then they are not bound to go beyond that. Mayor Ferre: I know, but I'm pretty sure that that's something that we're going to be able to work out once we conclude successfully... Senator Myers, since we'rp talking about your clients money, you'd better •Ifeten to this. And that is that the RFP had a limitation of $100,000. And obviously, this me" that we're going to go beyond that. You understand. I mean, we may go beyond that. I hope that we don't, but we may. Mr. Plummer: Let me ask for clarification. George. Mr. Knox: Yes, sir. Mr. Plummer: If in fact negotiations break down with Americable, and they move on to the second firpa, TCI, then is TCI obligated to pick up all the expense of negotiations? Mayor Ferre: I would hope that whoever is the successful winner is going to pay for it. Mr. Plummer: I'm asking for clarification. UL G231Q,81 Mr. Plummer: The legal expense by Adams and Porter. Mr, Knox: The individual firm who is ultimately contracting with the City would incur the ... Mr. Plummer: ...all expenses. Mr. Knox: Of our legal counsel. Mayor Ferre: All expenses. As a matter of fact, I've got a feeling they would volunteer to do that right now if you give them a crack at it. Okay. Now, can we now call the roll on this? The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-706 A MOTION AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE WITH THE FIRM OF ARNOLD AND PORTER, OF WASHINGTON, D.C. TO ASSIST IN THE NEGOTIATIONS BETWEEN THE CITY OF MI MI AND THE COMPANY SELECTED BY THE CITY COMMISSION TO OPERATE A CABLE T.V. FRANCHISE IN THE CITY OF MIAMI; FURTHER STIPULATING THAT ANY FUNDS WHICH MIGHT BE APPROPRIATE IN EXCESS OF THE APPROVED CEILING WILL BE SUBJECT TO PRIOR COMMISSION APPROVAL Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner ,Toe Carollo Mayor Ferre: Now, we're on the main motion... Mr. Plummer: Question. Mayor Ferre: Go ahead. Mr. Plummer: Mr. Knox, did you explain to this company the time frame outlined by this Commission? Mr. Knox: Yes, sir. Mr. Plummer: And they are understanding that this will be done before or prior to September 1. Mr. Knox: They understand that the negotiating period as mandated by this Commission will be 45 days. Mr. Myers: We are hopeful, we are very, Mr. Commissioner, we are- very enthusiastic and ready, willing and able to start tomorrow morning. We are hopeful that the process can possibly be finished in two weeks, in less than the 45 day period, and for that reason, I was going to respectfully suggest that perhaps you might consider setting a meeting in August on the agenda of the Commission to...or the first of September to possibly approve a contract. Mayor Ferre: Well, the problem with that... 135 l JUL 231981 Mr. Myers: If you're not going to meet in August, then perhaps maybe the next meeting. In other words, if there's a possibility we could be through before the 45 day period, and I think there is a good possibility... Mayor Ferre: Senator, let me leave it with you this way. If you and the negotiating team that the City has accomplishes that in 45 days, you let me know and I will canvass the Commission and if there are 5 people available in the City of Miami between now and September the lOth, and we can agree on a date, I will call a special Commission meeting for that purpose. Okay? Mr. Myers: That will be excellent. Because if there is a good possibility... Mayor Ferre: I can't guarantee that because I think there are a lot of people that are going to take vacations. Mr. Myers: I understand. But if there is a good possibility we can finish early, we, of course, are interested in getting your cable t.v. system underway, as fast as possible. Mayor Ferre: Of course, the same thing goes, is true for the alternate system. If by any chance between now and the end of the 45 days you stumble and the administration cannot conclude, they, the others would have of course the same consideration. Mr. Myers: Absolutely. Mayor Ferre: Okay. Now, we're on the main motion which is SA-13. Now, is there anything you wish to add to this Mr. Manager, or Mr. City Attorney? Mr. Gary: No, sir. Mr. Knox: No, sir. Mayor Ferre: All right,'Mr. Gerstein, I'll recognize you. Actually, I should recognize Senator Myers first. Mr. Myers: Well, for one moment. And then..of course, I know what Mr. Gerstein is going to ask, and I think before he does, we would simply, Mr. Mayor and members of the Commission, like to introduce just briefly two new members of the Americable team who are going to be part of the negotiating process. And who we are adding in the interest of constantly attempting to provide the broadest possible advisory and oversite base both for negotiations and for continuing operations of the system, we'd like to introduce as part of our team, George H. Green, who will be, and is consultant for black programing, and Anna Marie Fernandez Breckner who is our consultant for Hispanic and womens affairs. You might want to have them say a word or two. Mayor Ferre: Would yo- stand up and be recognized. Are you telling me that they... Mr. Myers: Mr. Green is President of the Miami -Dade Chamber of Commerce. And Anna Mare Fernandez Breckner is a member of the Dade County Commission on the Status of Women, as well as numerous other organizations here in our community. They might want to say a few words for a minute if you... Mayor Ferre: Go ahead. Mr. George Green: I'm George Green. I'm President of the Miami -Dade Chamber of Commerce. I'm a member of the Downtown Development Authority. I sit on the board of trustees for the Center for Fine Arts, on the Board of Governors for Florida Memorial College. I guess, as many of you know, I have a strong interest in particularly the black entrepeneurship, and in particular, this case. And I will do all in my power to help expeditiously bring about this contract and make sure that blacks are treated fairly, and that the black community is satisfied with the negotiations, and that we come out with something that we can be proud of and say that we have a part lWhank you. `JUL 2 3" 981 Mayor Ferrel All right. Miss Breckner. Miss Anna Marie Fernandez Breckner: Hello. I'm Anna Marie Fernandez Breckner and I'm President of Interamerican Communications, a bilingual advertising and "PR" firm in Miami. I'm a member of the coalition of Hispanic American Women, of the Dade County Commission on the Status of Women, of the New World Center Action Committee, of the Greater Miami Chamber -of Commerce, and the Hispanic Heritage Week Committee, among other organizations. It is my interest in joining this team to provide for the fair treatment of women and Hispanic Americans. They have made a commitment and we are looking for no less than 10 channel's for Hispanic broadcasting and we're looking for one particular women's channel. I am certain that with my interest, personal interest in the community, as well as my financial interest, I will do everything possible to make sure that the Hispanics are well represented. Mayor Ferre: All right, thank you, Miss Breckner. All right now, Senator, does that conclude your statement? Mr. Myers: Yes, Mayor. As I understand it, this item is not a public hearing but simply a formalization of Commission action already taken at numerous public hearings and... Mayor Ferre: That is correct, Senator. But I think out of courtesy... Mr. Myers: ...we didn't intend to make it a debating matter. Mayor Ferre: We understand that. But I think out of courtesy to everybody, in the same way that I permitted you to introduce two new members of your team, I think courtesy would require that we let the second group here, who are the backup selected company, to make a statement if they want to. Mr. Gerstein. Mr. Richard Gerstein: Will I be permitted to make a statement without interruption or am I going to be interrupted. I note Senator Myers is still at the microphone. Mayor Terre: No, no. He's now conceded. Mr. Gerstein: First, I would like to congratulate Americable on the addition of Miss Breckner and Mr. Green. They are certainly living up to the commitment that Mr. Myers made when he said that although it was not necessary for them to have blacks as investors or Latins, or women as investors, they would hire blacks, Latins and women as employees and they are certainly living up to that commitment. I congratulate these two individuals, Miss Breckner and Mr. Green upon their employment by Americable. Unfortunately, they were not permitted to be investors which would have given true representation to minority groups. Now, we have a number of matters which we would respectfully bring to your attention, Mayor Ferre, and the members of the Commission, requests which we believe to be in the best interest of the citizens and tax payers of the City of Miami, in connection with the award of a cable t.v. franchise. First, we would request the opportunity that you amend your resolution, or your action to permit dual negotiation by both the company who received a majority of the votes of the Commission, and by the runner-up company, whom I represent, Miami Telecommunications. First, let me respectfully point out to you that there is no legal obstacle to such dual negotiation. And as a matter of fact, there is an outstanding precedent for such dual negotiation which tenures to the great benefit of the tax payers of this area, and the example of that is the dual negotiation which the Southshore Redevelopment Agency permitted when they permitted dual negotiation by two leading bidders, and ultimately awarded the contract to the second company. Not to the one that they initially selected. But they permitted dual negotiation and the second company was ultimately awarded the contract because they offered more to the citizens and tax payers of Miami Beach, and more to the redevelopment agency than did the first. So there is a precedent for it. In addition to that, it would save the consumers of the City of Miami a great deal of time if there were to be dual negotiation because if Americable is unable to enter into a satisfactory contract with the City, it would not be necessary to begin 137 JUL 231981 Mr. Gerstein (continued): the negotiating process all over again but instead, dual negotiations would allow the consumers to not much earlier receive cable t.v. in the City of Miami because there were bid dual negotiation. And the second company, which is Miami Telecommunictions would be ready to enter into a contract. So the public would benefit, there is a precedent and we would respectfully ask you, and I ask you at this time to consider that, and vote upon it, if you will, the opportunity for dual negotiations which can only enure to the benefit of the tax payers a6d citizens of Miami because they are the ones who will receive greater benefits as a result of dual negotiations with the two companies whom you have chosen as the leading companies in this bidding situation. Mayor Ferre: I would like to, for the record, get the recommendation of the administration, and of the City Attorney. Mr. Knox: I'll make Mr. Gary's task tougher. Having done some research on this question, it appears that the status of Americable is that they enjoy a privilege based upon the resolution that the City Commission has previously adopted. And the City Commission may exercise its will relative to the question of whether or not there may be dual negotiations. There is no legal prohibition against dual negotiations. I can indicate to you for clarity of the thought of the City Manager and the City j Commission that were this a traditional Public Works, or a strict bidding situation, then in those cases there are rights vested to the individual or entity that is selected. The question is to what extent you would wish to interpolate those kinds of regulations in this particular case. Now, the bottom line is that if the City Commission chooses to amen its =# resolution to provide for dual negotiations, there is no legal prohibition against its doing so. Mayor Ferre: Let's get the Manager's... Mr. Plummer: Are you finshed with Mr. Knox because I've got a question. Mayor Ferre: All right. You want to go into the questions first? Mr. Plummer: I'll abide by whatever you want to do. Father Gibson: Well, let me say, number one, there are 4 of us here, and I think out of fairness to the other Commissioner, he ought to be a part of this because he was a part of making the choice. That's number one. I see some people in the audience shaking their heads. That's you right. My right is to protect what I think in my conscience is the right thing to do. That's how I voted. Number two, I would under no circumstance vote to negotiate with two companies at the same time. I will always wonder, and be concerned about where is the interest. I will not do that. let me say again now. I went to law school for one day, I'm going to put that on the record again. I will not agree to it. You don't have my vote for it. And out of fairness to Carollo who may want to do. I think he ought to be given the right and the privilege to vote. Mr. Gerstein: Well Mr. Mayor, respectfully, to delay this will only delay the whole process since Mr. Myers has announced that they'd like to begin tomorrow, and we would cettainly like to begin as soon as possible in a dual negotiation, to delay it to have Commissioner Carollo present will only delay the entire process. Mayor Ferre: Mr. Gerstein, this morning, and thoughout the day, the Chair has announced that since Commissioner Carollo is absent because of reasons that he could not control. He's out of the state at this particular time. He tried to get in last night, was unable to get here. That any matter that any member of this Commission wanted to defer because of that particular issue would be deferred. Now, I cannot deny, in this particular case, what everybody else has had throughout the day. And that is a tradition that as you may know, the Commission has always kept. Now, you are perfectly within your rights to ask, and I have no problem on this issue, okay? I think that any member of this Commission is entitled to that courtesy. Nov, we were...I asked for the record the City 138 'JUL Oc %# Mayor Terre (continued): Attorney's recommendation. He said that there was no legal constraints in our doing that. And I'm trying to proceed in an orderly manner, sir. Now, I will permit any questions of the City Attorney, if that's the will of the Commission. Otherwise, I will ask for the City Manager to give us his recommendation. Are there any questions of Mr. Knox at this time? Mr. Plummer: Yes, six. Mayor Ferre: All right, Mr. Plummer. Mr. Plummer: Mr. Knox, based upon your knowledge of the RFP, and the ground rules set by the Mayor at the meeting of the voting, which were very clear, what position, this Commission were to allow joint negotiations, would you be in a defensible postion with the other 3 companies who could possibly claim that it is now no longer competitive bidding but competitive negotiations, or an outbidding each other situation which they are not allowed to participate in. Where would you be from a legal standpoint of defending. Mr. Knox: Well, the view of the Law Department, again, is that the only thing that has been granted unto both TCI and Americable is a privilege. Now, the parameters of that privilege are defined by the City Commission. The City Commission by its action at its last meeting determined that the two business entities most capable of providing the services sought by the City were enumerated, and the City Commission can enumerate those as it has, and we would...a position like that would be a defensible position. Father Gibson: But Mr. Mayor, when we met last time the position of the Commission, and I'm ... look, the position of the Commission was that you deal with this company, and if that fails, you automatically go to this company. Mayor Ferre: Father, that's correct, but Mr. Gerstein is requesting, and he has the right to request that dual negotiations...now, whether or not this Commission grants that is another matter. Father Gibson: All right, fine. I then hold to the position that Mr. Carollo ought to be here. Mayor Ferre: I have no objections. That's the rule of this Commission, and I've got no problem. Mr. Myers: Does that mean that the negotiations would be... Mayor Ferre: It does, and that's the problem. Mr. Myers: ...the problem is that we're... Father Gibson: No, sir. Wait a minute. My position ... no, no, no, no. When you agreed, when you cast your vote, and I know you cast for another company, I cast mine for this company. Okay? At that point in time, I instructed the staff, the administration, to proceed postehaste. The question was not raised then. The question was not raised. This now... let me say, Counsel, when we instructed them to proceed, we then gave a right. This is a privilege. There's an awful lot of difference between 8 privilege and a right. The right was to proceed with these people. The privilege is not to come back a week or 10 days later. Mayor Ferre: Let's be very specific. I think what Father is saying, and I guess he's asking a legal opinion, and he says, the majority of this Commission has gone on record and voted. Now, for us to change that, I imagine is going to require a vote. Father Gibson: Amen. Mr. Knox: Yes, air. Mayor Ferre: Now, Father, I think that the only proper way of doing this is to see if anybody is willing to make that motion. Because if there Isn't. then your point is a moot point. 139 JUL 2 31981 Father Gibson: All right. Mayor Ferre: You know, if nobody makes a motion, then y W don't have to wait. Now, if somebody does make a motion, I think you're entitled to make your point. Mr. Plummer: Is Father saying that he wants no vote until Carollo is here. Aayor Ferre: But the point is that it may be a moot point if there is no motion. And I, the Chair, will rule as follows: I think this is a fair matter for discussion and request. If somebody wishes to make such a motion after the Manager gives us his opinion, I will open the floor for that motion. Mr. Manager. Mr. Gary: Mr. Mayor, members of the City Commission, whatever...I think the decision in terms of whether we allow dual negotiations is one for the City Commission to decide, and I will follow the directions of the City Commission. Mr. Plummer: That's not what he asked you, Mr. Gary. Now, answer his question, Mr. Gary. His question was, as City Manager, what is your position? Mayor Ferre: Mr. Manager, so we can put the magnitude before, today we have had two of the most important issues that have ever come before the City of Miami Commission. One was Dupont Plaza and this is a second one. Now, the Commission always expects of the administration, and I think that's part of the strength of the Manager, Commission form of government, that the administration take a position. The Commission doesn't always agree with that position, but I think it is a matter that is important to have you on record. We would like to know, I would like to know, as the Mayor, whether or not the administration recommends that it is in the best interest for the people of Miami and of this City, that we go into dual negotiations, or do you think that peoples interest are best served and the Commissions interest are best served by following the established procedure which is negotiating with one firm, and then going and negotiating with another firm if those negotiations do not succeed. Mr. Gary: I'd like to preface my comment by saying that we're talking about 45 days. Obviously, a dual negotiations will take longer. So that first thing has to be taken into consideration. Secondly, I would like to say is that obviously with the firm, consultant firm we have, Mr. Pilnick, as well as the legal firm, the Law Department has entertained, I call them A & P. They have sufficient technical experience to determine what is the best cable t.v. system that the City can enter into. Based on those comments, I woul recommend that we negotiate with one, if we're not successful, then we go to number 2. Mayor Ferre: Okay. Do you want to make any final comment, and then I'll open it up. Mr. Gerstein: Yes. I would reiterate that the only persons who can benefit by a dual negotiation are the people of Miami because a dual negotiation will result in companies striving to increase the benefits awarded to the people of Miami. The people are the only persons who can benefit by a dual negotiation. Mayor Ferre: Senator Myers. Mr. Myers: Mayor, members of the Commission, I hope that there is no one on the Commission that would seriously consider this type of ridiculous request. And I say ridiculous because I know of no cable t.v. precedent that would say once there is a victor in the bids, that you throw in two victors to vie for each other, and continue on the wild range war of a bidding process. This is nothing more nor less, as I'm sure you obviously know, than a strategic move by TCI to try to extend the bid war. It's over. The victor has been chosen. We have a property right, as your counsel has told you. That is a property right. And under Florida law, under Florida bidding law, we have contract right. It is property right under the law. We're entitled to work that property right out to the 140 JUL 2"I�31 Mr. Myers (continued): eth degree. We're entitled to negotiate our contract. If we don't make it, then TCI has a right, or whoever you selcted second has a right to step in. But I never heard of such an unorthadox procedure, and I hope you would not agree to extend the bidding war. Mayor Terre: I think we've heard now from all sides. We've heard the recommendation of the Manager, we've heard the position of the City Attorney. I think now it is time for this decision to be made, and therefore, the Chair opens it for any motion. If there are no motions, then that to me says that the order of business that was established at the last Commission meeting remains, and we continue in that process. Are there any motions? Are there any motions on this item at this time? And for the third time, do I hear a motion? Hearing none, then this matter is a moot point because it is not before this Commission at this time. Mr. Gerstein: Mr. Mayor? Mayor Terre: Yes, sir. Mr. Gerstein: May I be heard further? Mayor Terre: Yes, sir. Mr. Gerstein: Thank you, sir. In the alternative, we would respectfully request that you address yourself to the issue of backup negotiations. That is that the administration, and the law firm who you select, be instructed to divide the negotiations into segments. For instance, rates, public benefits, engineering, financing and so forth. And at first they negotiate each segment with Americable, whom you chose, and subsequent to that, then turn to the second company and negotiate that segement with them. And then return and negotiate the others, and then return and negotiate with our company. We suggest that as an alternative. Father Gibson: Mr. Mayor... Mayor Terre: Father Gibson. Father Gibson: Hey. Ycu know, I sit up here, you try to go through the front door when you _'t go through the back door. Heck no. You either can consumate a bid...an arrangement, an agreement with them, or you can't. If you can't then you go to the next somebody. Don't let's ... look, I hope I don't find out that there is any attempt to muddy this water around here. If you do, I promise you and my God, that you'll never live through it. I just think we've got to be honest, above board. Now, ,you've Riven these people a right, stand by it. If they can't do it, then go pick up the other company. Mayor Terre: All right. Mr. Gerstein, that's the opinion of one member of the Commission. I welcome any diverse opinions, or any motions of any kind in reference to the recommendation, the second recommendation that you've made. Then, you want to proceed with your next point. Mr. Gerstein: In the third alternative, we would respectfully move you that all negotiations be conducted in the sunshine... Mayor Terre: Absolutely. Mr. Gerstein: ...pursuant to the law of the State of Florida. That any citizen of this State, any person in this State, any company who has an interest be permitted to monitor these negotiations. That they be conducted totally in the sunshine. That is pursuant to the law of the State of Florida. Mr. Myers: Mayor, I'd like to comment on that. Mayor Terre: Senator. Mr. Myers: We, of courpe, have absolutely no objection to the press and the media being involved in these ngotiations. They ought to be welcome, they're interested. But to throw open the doors to public meeting and public hearing a negotiation process which is a sophisticated business 141 JUL 231981 i Mr. Myers (continued): like negotiating process, as you would do with policemen, or firemen, or teachers, in trying to finalize a contract. And to open up the hearings for citizens groups to come up and stand up and say we want this, or no, we don't want that, and to have them parade in. Mr. Gerstein's remarks, his suggestion is again, and I want you to watch, be careful of the disguise of the guise of a do-gooding thing such as public hearings, publc meetings. It is nothing more nor less than an attempt by im to torpedo the negotiation process. We would welcome the press and he media, and through the press and the media the public should be informed and interested, and involved. But to make a public meeting out of it, the public meeting stage is over. This is a negotiation. A busines like sophisticated... Mayor Ferre: All right. Senator, you've made your statement. Mr. Gerstein... in a moment I will recognize you, Mr. City Attorney. The specific question to you is, I would assume that it is in the best interest of this City that these negotiations be held under the sunshine, as Florida law requires. The definition of how that is met is what is at play here. Senator Myers made the statement that he has no objections of members of the public and the press... Mr. Gerstein: No, he did not say the public. Mr. Myers: I have no objection, we have no objections to members of the press, the media... Mr. Plummer: This is crazy. What are we talking about? We operate under the sunshine law. The City Attorney is going to make a ruling on the sunshine law. What are we talking about? Truthfully, okay? I couldn't care less what Mr. Myers wants. I couldn't care less what Mr. Gerstein wants. I want that this Commission, and this Manager is going to comply with the laws of the State of Florida in relation to sunshine. Mayor Ferre: Mr. Plummer, if you will let the Chair continue and try to establish the record, we've now permitted both of these people to make their statements. Now, Mr. City Attorney, would you please specify what, in your opinion, the law states with regards to these meeting being held in the open. What does that mean as far as the Sunshine Law is concerned. Mr. Myers: Mayor, can I ... you asked me a question. What my position was. Our position is the public can monitor the meeting. The public... obviously, Mr. Plummer is right. The public can be there and monitor the meeting. Sit and listen. The thing that I am concerned about is that you create an open public forum, where people get up and start speaking. Mayor Ferre: We're not talking about that, Mr. Myers. Mr. Myers: There's no problem that members of the public or their representatives come and monitor, just as the press or the media. Mayor Ferre: Thank you, Mr. Myers. All right, Mr. City Attorney, for the record, tell us what the rule is. Mr. Knox: Let me preface it by indicating that a question such as this, involving these kinds of negotiations, is not a clear cut answer. It's a very close question of law. I can tell you, however, that the Sunshine Law and the court decisions that have construed it have indicated that any doubts should be resolved in favor of public monitoring of the process. I can add further that it is our belief that ground rules, rules of decorum, order of speaking, and those kinds of matters could be established in the negotiations process, and they would be binding because the Sunshine Law provides access, and not necessarily input from persons in the public. Mr. Myers: Mr. Mayor, I would respectfully... Mr. Plummer: Mr. Gerstein, please... 142 JUL 2 31981 r 7g: ' F'y Mir. Gerstein: May I just finish my statement? Mr. Plummer: Yes, sir. Go ahead. Mr. Gerstein: I would respectfully call your attention, and I say it respectfully, to the fact that as State Attorney, I obtained an injunction against this Commission on this very issue. Mayor Ferre: Mr. Gerstein, do you have any objections to the statement as made by the City Attorney? Mr. Gerstein: No, I do not. Mayor Ferre: Then what are we arguing about? Mr. Plummer: Well Mr. Mayor, I just wanted to say, to simplify it, as far as I'm concerned, that whatever the ruling of the City Attorney is in relation to this matter is what I'm going to be abiding by and that's..... Mayor Ferre: We're all going to abide by it. The fact is that the City Attorney has ruled, as I heard it, that we are bound by the Sunshine Law, which is what you requested. I think there's a specification, and I think it's reasonable, that that does not mean that we're going to have a series of public hearings and that was not what you requested. Mr. Gerstein: Absolutely not. Mayor Ferre: So, I'm sure we've now clarified the record, and I don't think there's any problem on this. Mr. Gerstein: We requested the right to monitor the proceedings. Mayor Ferre: You have that right as a member of the public. Mr. Gerstein: Now, there is another matter that I would respectfully call to the attention of the Commission. Mr. Mayor, we believe that there is a serious, and substantial legal question that what you have granted to Americable constitues not a license, but a franchise within the City and requires both a 4/5ths vote of the Commission, and the approval of the electorate. And we respectfully call that to your attention for the action which you deem appropriate. Mayor Ferre: That, of course, would be applicable to your firm if you be the... Mr. Gerstein: Yes, sir. Applicable to everyone. Father Gibson: Let me say something. You know, I really have some concerns about this City. I really have. Mr. Gerstein: We join you in those. Father Gibson: Yes. And I have some serious concerns about the attitudes of people in this City. I tell you what I think some of you need to do. You can't believe this. Even though I'm an Episcopalian, I read a book called Daily Word. You know, the last two meditations for the 21st and 22nd gave me some insights that I thought with all of my experience, I thought I didn't need it. But when I hear the kind of wrangling harrangue we're going through simply because we were not the winners, I am dumb -founded. I thought, I thought I lived in a City where men and women lived by rules, know what the rules are, and when you lose, you lose. I think that is pretty much ... let me make a further comment. When I pick up the papers, as I did this morning, when I pick up the paper as I did this morning, I wonder if we who live in this City have any sense of right and wrong and morality. I really wonder about that. I really wonder about that. I think that everybody out there wants to vote for me, tell me how to vote. And yet, you know, I'm the only guy that ran for this seat that's up here. Everybody else who ran for it is not here. I'm here. And I say this, for God's sake, not for my sake, 143 'JUL 231981 Father Gibson (continued): for God's sake, don't, don't kill yourselves. Don't kill yourselves. I think that when we voted, those of us who voted the way we did, I want the public to know, I voted based on what I honestly believe. What I honestly belive. And I say this and I will stop. Unlike any other black public official who has served in this town, living or des, I could point with pride to success stories. I have nothing to hide, I have nothing to be ashamed of. And I'll tell you this, I pray God this one act that I committed will not, and just like the others, will prove me Prong. Would prove me wrong. And when I see the bitterness, I don't know about white people, nor Latins, but when I see the bitterness on the part of blacks in this town, because of this cable television thing, I just wonder if we have not all gone absolutely beserk. I'll urge you this, for God's sake, let us tone ourselves down. Let us try to be good citizens. Let us lose rgspectfully. Let us understand this. You know, I get troubled when we have grown people act as we do, and not realizing that children see and hear. And I tell you, I want to say this to all of the companies, I remember so well. My grandson came to visit with us and here's what happened. All along he was home, his mother would take Vitalis Hair tonic and put it on her hand and rub it, and then rub it over his head. He came to spend the weekend with us this time. And when he came, I took the bottle of Vitalis hair tonic and I poured it, you know, on top of his head. When he.Vent back home the very next morning his mother began to brush and comb his hair. Do you know what my grandson said to his mother? He said, give me the bottle. That's not right. His mother became offended and incensed. And here's what she said. Why? All this time I've been combing and brushing your hair, why is this not right now? And here's his response. That's not the way grandpa does it. Let me tell you something. You talk about the riots in this town and all the other disturbances, we who are supposed to be the leading outstanding citizens had better look at ourselves, and had better examine what we're doing, and had better make sure that our children don't see us as we really are. Mr. Plummer: Mr. Mayor, Mr. Gerstein has asked a question, and Mr. Knox, if I'm not mistaken, that that question that he raises was fully examined by your office and you issued an opinion. Am I correct in that, sir? Mr. Knox: That's correct, sir. Mr. Plummer: Why don't you, for the record, state what that opinion was? Mr. Knox: The opinion was that the City Commission at the inception of the process had a choice; whether to grant a franchise or a license with conditions. And the City Commission, as a matter of its policy, chose to grant a license with conditions. And we feel that that is a sound legal position that the City has taken, and I can add that in our interviews with all of the 4 law firms, this very question was asked and was answered to our satisfaction relative to the soundness of that position. And Arnold and Porter has specifically agreed in addition to their consulting services to assist in a defense of the City in the event any legal action would ensue during this process. Mayor Ferre: Was there any question of this before this time? Has this been brought up legally? I'm not talking...I know the Commission discussed it, you gave us a reading on it and we took a position. But has this been challenged before this time? Mr. Knox: No, sir. The only mention was made by Mr. Wellington Rolle at the last meeting. Mayor Ferre: Yeah. But I mean by any of the companies that were bidders? Mr. Knox: No, sir. Mr. Gerstein: I have one final matter to call to your attention Mr. Mayor, and members of the Commission. A recent decision of the Appelate Courts of this State involving Watson Island indicates that in Americable negotiations, they cannot materially vary from the proposal which they submitted. I merely call that to your attention, again for whatever action you deem appropriate. The appelate courts of t�iie state have so ruled. 144 JUL 231981 Mayor Ferre: Well, let me tell you where this particular member of this Commission, and this vote is going. I expect for this here Manager.and negotiating team, as Ernie Fannato would say, to come up with the best damn deal that they can for the benefit of the people of this community. And I hope that you are as tough and as tight, and as demanding, and as exacting as you possibly can be. Now, whether or not that leads...I don't know where that's going to lead. I would hope that the people that are involved would permit the best possible deal to be made with Americable. Now, I'm not saying how I'm voting one way or the other. I'm just saying that certainly my position and my vote was clear last time around. And certainly when it comes back, I would expect that the best you can possibly extract from Americable and, or TCI be what you come up with. That's my personal opinion. Mr. Gerstein: Thank you, Mr. Mayor, for your time and your indulgence. And members of the Commission. Mayor Ferre: All right. Now, is there anything else to come up before this Commission on this item? This is not a public hearing. Two gentlemen raised their hands. I don't know for what —we don't do things that way here sir. You need to come identify your name for the record. And I don't know what vou're rising ... this is not a public hearing. I don't want, however, to be short. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: You can. I'm going to recognize you and the other gentleman with the beard back there, who wishes to make a statement. Mayor Ferre: Your name and your address. You've got exactly 3 minutes. Mr. Charles Cortek: The name is Charles Cortek. I live at 2037 S.W. 9th Street. I... Mr. Ongie: You have to stay at the microphone, sir. Mr. Cortek: These notices were passed out to the people here. Now, I was just reading, is it true that the City Commissioners paid $20,000 for a consultant? Mr. Plummer: No, sir. We paid $35,000. Mayor Ferre: We paid more than that. Mr. Cortek: I mean, for this particular one. On this page it said $20,000 was paid to Carl... Mayor Ferre: Sir, make your statement. Mr. Cortek: Now, I just wanted to know if you'd listened to the consultant? Mayor Ferre: Sir, we've been through that for 10 hours. Mr. Cortek: That is all. I just wanted to know. Mayor Ferre: All right, thank you, sir. Thank you. Dr. Munoz: My name is`Dr. Munoz. I teach at Miami Dade Community College. But I come representing the Collegium Inc., Incorporated. You're going to give me 30 second, right, to speak? Mayor Ferre: No, no. Mr. Munoz, you have like everybody else, Dr. Munoz, you have 3 minutes. Your letter that you sent to me... Dr. Munoz: You received it. 145 VUL 23081 Mayor Ferre: Excuse me? Dr. Munoz: You received it, right? Mayor Ferre: Your letter which was sent to me has been copied and sent to members of the Commission, and is part of this record. r. Munoz: Okay. I'm just going to express my concern. I have brought whole bunch of young people, and in a way, I'm embarrassed about the 4uality of the intercourse here. Basically because most of the arguments have been made in respect to the owners, the investors, they have been made in respect to the legality, the terminology, the timing, and I think that out of all this I don't find at least, I might be wrong about this, but I don't find a significant concern about that of the citizens of Miami who for them $11 or $4 difference is an important consideration. I realize that you're going to negotiate with the Manager now, you're going to be as good as you can about this, but I have a concern because after expressing, or reading some of the documents from the consultant firm about the categorization of the companies, he feels to me that if some of the three companies chosen first had been selected, I wouldn't be here. After all, they were good competitions. But the significant margin of difference between the first 3 and the remaining one was so wide that it really creates doubts in my mind as to the concern for the average citizen of Miami. And since nobody has spoken for the average citizen today, I thought maybe after 4 hours, I could come over and give my opinion. And I hope that your negotiations you realize that there is so much that people can take. Especially when they are humble and lower class people, and middle class people who nobody speaks for. We're going to speak for them, and we're going to see that we can organize such a way that we are very strenuous in the consideration that happens in this Commission from now on. I'd also like to apologize to my students for using the name of God in vain here in this kind of intercourse, and false moralizing. I think it's out of place here that kind of consideration. Those are my students. I'm embarrased about you for being here and the low level of quality of communications. But I have faith. I have faith and I think the Commissioners realize that a mistake has been made. A mistake not because we don't have minorities becasue I'm a Cuban American, but that's not the point. Because if you're going to pay a margin of difference in the 80's or $60 , who cares if you're a Cuban or black? It's coming out of your hide. So. I'm going beyond all those ctitegories of being a black or a woman, or Hispanics. I want to address the issue in terms of dollars and cents. And I don't think that so far I'm impressed with the results. Thank you very much. Mayor Ferre: Dr. Munoz, this City Commission publicly, in front page headlines in newspapers, in television reports everyday publicly addressed itself in a series of public hearings. Those public hearings lasted I would guess close to 15 hours. Members from the Dade County Community College, from the South Dade College, from the University of Miami, from public schools, from Black organizations, from Cuban organizations, from White-Anglo Christian organizations, you name it, they were here during the public see.pAon. They all. had an opportunity to speak on the public record. And we...everybody had their chance. This is not a public hearing... Dr. Munoz: I understand. I appreciate you giving me the chance to come here. Mayor Ferre: ...Now, I want to tell you that out of courtesy to you, and because of the letter that you wrote, and not only to you, but more especially to your students that I recognize are here with you today. I permitted that other gentlemen, but especially you, to come up and make your statement even though this is not a public hearing, as a courtesy to you. Now, I would suggest that when you are interested in public Issues in the future, that you come during the public hearing period, and I will give you the appropriate time, like every other citizen, to submit your statement into the record. 146 JUL 231319$1 Dr. Musov I express...if I have been extremely direct, I express my apology. But at the same time... Mayor Ferre: No apology needed. Dr. Munoz: ...it simply, my concern was over the result of the consultant. We trusted the professionalism... Mayor Ferre: Sir, that issue was addressed at the public hearing, extensively. Dr. Munoz: I understand. But I'm just expressing my concern. In the future, I know that this thing is not over yet, and I hope that we can at ail times think of not the people who come here from the professions, and the banks, but also about the common man. I'm one, so I am pretty tight on my money, and I hope that you are and address the issue in the future. And thank you for acknowledging me and I apologize if I've been too direct, but you've got to speak your principle. Mayor Ferre: Yes, sir. Thank you for being here. What do we need to do now, Mr. Manager? Mr. Gary: You need to take formal action on items 7, 8, 13. Mayor Ferre: The problem is that you don't have the votes here. We have SA-13 before us. Is there a motion? Mr. Plummer: Its the formalization of the other motion. I move it, Mr. Mayor. Mayor Ferre: Is there a second? Father Gibson: Second. Mayor Ferre: Now, I would recommend to the maker and the seconder of the motion. I don't know which way my colleague Armando Lacasa is going to vote, but consistent with my previous vote, I'm voting no on this because of my position previously. Now, I would therefore recommend that this Commission may want to leave this in abeyance until you have your third vote, which is what you were saying before, Father. Mr. Plummer: Well Mr.Mayor, let me tell you how I feel... Mayor Ferre: I mean, I can't predict how anybody is going to vote. Mr. Plummer: ...I am not worried about how the third vote votes. I'm worried about that this Commission has passed this. I think everybody has expressed that they want to move with speed, and I believe even now, with the resolution, or the reaffirmation today, that Mr. Gerstein's group would like to see this other group go into negotiations, of course, hoping that they'll fail, the quicker the better. So all we would be doing by defeating this motion today would in fact be stalling, as I see it, the negotiations. And you know, I have no problem with that, Mr. Mayor. I offer the motion and people will have to vote their conscience as I did. Father Gibson: Let me ask a question. I thought that the action of the Commission was, and is, to proceed poste haste. Mayor Ferre: It is, by a majority of 3-2. Father Gibson: What's wrong with us now? Mr. Plummer: Well, the Manager is saying he has to have a motion today. That's why it's on this... Mayor Ferre: Well see, I think the problem is this, that in all these proceedings, there has always been, as I've seen this consistency on the part of members of the Commission. Igor example, let me give you an example today. Plummer is against parking in the park. Well, those of us that are for it, vote for it. Plummer consistently votes against 147 VUL V 1981. Mayor Ferre (continued): it. Now, how can I be consistent? You tell me. I mean, I don't want to id any way circumvent the will of the majority of this Commission, but you tell me how to do it, and be consisten with my vote. Mr. Myers: May I comment for one moment, sir? ta yor Ferre: Please do. Mr. Myers: The Mayor has indicated on many occasions, I think, that although you may have disagreed on the final vote, it was a majority vote, and you agreed to be bound by the will of the Commission. And now we're ready to go into negotiations and what you're saying is that the negotiations are going to be delayed? Mayor Ferre: No. I've got no problem, Mr. Manager, and your'e going to have to help me on this, Mr. City Attorney. I've got no problem in voting to permit the Manager to commence negotiations as expressed in the previous motion which was the will of the majority of this Commission. I, however, do have aproblem in formally voting for a resolution which formalizes Motion 81-646, passed on the 14th day of July which I voted against. Now, how in my ... how in good conscience can I vote for a resolution whose motion I voted against? And my answer is, I can't. Now, I understand the will of the majority, and I want to respect that. You figure out a way in which you can say since it was the intention in Motion 81-646 to do such and such, that this Commission authorizes the Manager based on that motion to proceed forthwith. But don't you put me to vote on formalizing that motion in a resolution form because I'm voting against that. Mr. Lacasa: Mr. Mayor, I'm going to state my position so we'll save some time on this. To me, to vote to formalize that resolution is tantamount to vote on the choosing of the... Mayor Ferre: Precisely. . Lacasa: ...franchisee. The reason for which I voted for another company d not for the one that received the award was becausetbased on the findings of the consultant, based on the factors that we dicussed here for over 15 hours, I came to the conclusion that another company, and not this one was offering better rates, better advantages to the community in terms of grants and contributions, shorter construction schedule. And in an overall situation, it was a better applicant. Consequently, for me to go back from that position now and vote to confirm a vote on which I did not share, although 'I respect the will of the Commission, the third vote at that particular time, which is not here now, is the one which will have to have the burden of the responsibility toward the citizens of the City of Miami for granting on behalf of the City of Miami a franchise, which in my view is not the best franchise for the City of Miami. So, I will be voting no on this particular thing. Father Gibson: May I ask a question, Mr. Mayor? Mayor Ferre: Wait a ... FAther, I think I would like to once again reitgrate for the City Attorney. I think you understand the dillema. I don't think that either Commissioner Lacasa or I wish to circumvent the will of the majority. however, I don't think that you can memoralize the previous motion by casting it in the form of a resolution and expect for us to vote possitively when we voted negatively for the motion. Now, if you can find a solution to the hiatius, let me know. Father Gibson: Well, let me ask this question. This I saw..when is Carollo due back in town? Mr. Plummer: September the loth? (LAUGHTER)* Father Gibson: When is Carollo due back in town? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) 148 JUL ^ .313Ef e Father Gibson; End of Auguat? Mr. Knox: Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Knox: If the City Commission chooses, I would just point out that neither a resolution nor the motion has the force and effect of law. Both of the represent expressions of the will of the Commission. And if you instruct the City Manager to carry out his instructions based upon the motion, then at your next meeting, you can formalize that action, and to ratify and affirm those activities that he may have engaged in. Mayor Ferre: That's different. Mr. Plummer: I withdraw my motion. Mayor Ferre: That's a different item. Now, let me ask you whether you need any motion at all? What do you need a motion for? Mr. Knox: You really don't. You do at some point just so that the record will reflect that you took formal action on this item. You don't need it at this meeting in order to trigger the negotiation process. Mayor Ferre: The majority of this Commission voted for the selection of Americable, and instructed the Manager in a motion form to begin negotiations. Now, what you're trying to do here is to formalize that motion of intent by putting a resolution. Two of the members of this Commission cannot vote for that and be consistent with our previous vote. Mr. Knox: That's correct. Mayor Ferre: In my opinion, and I'm not a lawyer, you don't need any motion at this point to begin your negotiations because the Manager is under instruction by the majority of this Commission to do so. Mr. Knox: That is correct. Mayor Ferre: Is that correct? Mr. Knox: Yes, sir. Mayor Ferre: Is there anything else to be discussed? In other words, there's absolutely no reason for you not to begin negotiations with the negotiating team as had been established. Mr. Myers: The Commission is formally instructing us to begin negotiating. Mayor Ferre: Sir, you have been formally instructed at the last Commission meeting when the majority selected. That is a matter of the record, period. Unless this Commission reverses that vote, that is the will of the majority of.this Co=iasion. There's nothing else...nothing more, nothing less. Now, Mr. Manager, when will your negotiating team be ready to commence negotiations? Mr. Gary: The lawyers can begin on Monday. I've got to check with Mr. Pilnick, and I would hope that he can start on Monday. And I will be in contact with him tomorrow to verify that. Father Gibson: Mr. Mayor, I want to make a further observation. I'm an old "coon". I would hope that you, Mr. Manager, would report to this Commission ad pronto. Meaning right away. The very day, the very moment it takes place. If anybody, we have employed on this team is hindering or getting in the way of the progress of this negotiation, you're dealing with 45 days. If they can't fulfill that requirement of 45 days, there's a simple matter I learned in America, you go to somebody else you find you could pay somebody else to do the work. Now, if Mr.Pilnick can't come in, that's his baby. If the lawyers can't come in, that's their baby. Okay? And if your staff fools around, I want to know that too because I'm going to deal with them in a different way. 149 'JUL 231981 Mr. Cary: Mr. Mayor? Mayor Ferre: We're talking about 45 calendar days, is that correct? Mr. Plummer: My recollection was September 1. Now, that should be of no problem. Senator Myers has said that he feels it should't take more than 2 weeks. You're going to start on Monday. What's the problem? !Mayor Ferre: 45 calendar days would put it on the Monday of the 7th of September. Is that correct? Mr. Manager, is that your understanding? Mr. Gary: Yes, sir. Mayor Ferre: Mr. City Attorney, is that your understanding? Mr. Knox: Yes, sir. Mayor Ferre: 45 days, right? Okay. Is there anything else on this issue? 79. SUPPORT EFFORT IN PRINCIPLE: ALLOCATE $25,000 AS CITY PARTICIPATION TO THE SECOND INJTERAMERICAN SUGAR CAME SEMINAR Mayor Ferre: Mr. London, we're going to take up your item in a moment, and we're also going to take up Mr. Diego Suarez's request in a moment. Go ahead. Mr. Lacasa: This item is in relation to the Second Interamerican Sugar Cane Seminar and ... what is the request? Do we have here... Mayor Ferre: Doctor, we have here the representative ... would you please come up, sir and explain? Your name and address for the record, and your request. Dr. Alfonso L. Force: Alfonso L. Force, Technical Director of Interamerican Transport Equipment Company in Miami. Mayor Ferre: Dr. Force, the Chair recognizes you, air. Dr. Force: Mr. Mayor; Commissioners, may I take just a moment of your time to brief you on what these seminars mean to the City of Miami. The City of Miami declared October the 9, 1980, Interamerican Sugar Cane Seminar Day, presenting the Mayor the corresponding certificate of award to the President of the seminar, and also President of Interamerican Transport Equipment Company of Miami, Florida, Diego Suarez. The event had been a success having delegates profited from the technical information received, and the wives and family enjoyed the City of Miami hospitality. Before we go into a specific request to the honorable members of the City Council, allow me to take a few minutes of your time and furnish you with a certain background note which I am sure will be of assistance In your reaching a decision. Production of sugar cane in the Western Hemisphere has a great influence in international economy and politics and still a greater impact in the social welfare of the larger producing Pan American countries. dearly 30,000,000 metric tons of sugar are produced in approximately 600 factories in this hemishpere, a production value of $15,000,000,000 excluding by-products such as molasses etc. Advance technology of tho sugar industry in all of its aspects is usually sought by Latin Americans in the United States, specifically Hawaai, Louisiana and Florida. Now, the present engergy situation is an added technological attraction in sugar cane production. Florida has become number 1 cane sugar producing state in the Union, with advance technology in cane agriculture, sugar manufacturing and use of by-products. The USDA World Sugar Cane Variety Collection has been relocated here in Miami at Old Cutler Road in 136th Street. There are only Z collections of this kind the world over. Being the other one in India with 5 species, and 150 JUL VIM M Dr. Force (continued): over 6,000 forms including related grass. Interamerican Transport Equipment Company of Miami, Florida, designers and manufactorers of sugar cane handling transport field equipment has been serving for many years the sugar industries of this hemisphere. The company has been the link between the Florida sugar industry and technologists and directors for sugar firms in Latin America helping them in visiting and obtaining information from this area. For the past 4 years, Interamerican holds tiaitiing and educational courses in Miami, bringing 3 times a year operational personnel from all over the world for advance training in sugar cane harvesting equipment. Mayor Ferre: Dr. Force, let's see if we can perhaps cut through all of this and get right to the heart of the matter. The situation is this: Miami could become the center for sugar technology. It is not now. Louisiana and L.S.U. and Baton Rouge is the main meeting point for sugar technology. There...the sugar industry in the United States is increasing in great quantities. Florida is now the number 1 sugar producing state in the nation. As Dr. Force just stated, there are 600 sugar mills in this hemisphere that produce $15,000,000,000 worth of products and just like Houston, as I put it out in my memo, just like Houston and...what's the name of the place in Kansas where the sugar, where the oil industry's concentrated? Well anyway, Houston has become the place where people go to deal in the oil industry. There's no reason why we cannot work towards Miami being the center of the sugar cane industry, which is a multi -billion dollar business in the world. And to do that, we've got to start the process. And the process is going to be a very complicated, it's going to be a very involved one. The private sector has begun. Last year they spent $60,000 of their own monies to have the first sugar conference in Miami. It was held at Florida International University That conference brought 200 people from all over the hemisphere to this community. There are now wanting to increase that. They want to go to 300 people for a 3 day conference. They are asking the City of Miami in -the very same way that we have helped the Medical Conference of the Hemisphere? What was the other thing that we've helped with? The Medical Conference. What's the other thing we've helped? Luis Sabines' International Chamber of Commerce, the Trade Fair, and the other issues that have concentrated Miami into a major inter -American center. These people are requesting that the City of Miami participate by helping in this conference. And that's the request. Mr. Lacasa: Okay. Mr. Mayor, not only that, but also the fact that the sugar industry and its development in this particular area has helped the employment market, especially in these difficult times, for the City of Miami with qualified, unskilled workers. They have been an outlet for our employment market here in Miami by providing these type of jobs, a little bit to the north. I had the opportunity last year to see a film prepared on occasion of this first confernce that took place. It was not only a promotion nor an explanation and a techinical assistance on the question of the sugar industry, but also it was on this particular area and the City of Miami. So, I believe that along with the same philosophy that we have been following here, it would be highly beneficial for the City if were to support this effort on the part of these private entrepeneurs and provide the $25,000, and therefore, I so move. Mayor Ferre: All right, is there a second to that motion? Dr. Force: Can I say something else, please? Mayor Ferre: Very brief. Dr. Force: We have been requested by people all over Latin America that the seminar be held specifically in the City of Miami. Not only because we are the sponsors, the main sponsors are situated here, but also because the City of Miami has certain attractions towards their wives and their families.which would accompany this. Mayor Ferre: I would imagine that your motion is subject to the total scrutiny of the administration to make sure that all of the... 151 JUL 2 31981 Mt, l anase: Of coufaeo Mt. Mayor. As usual, this Vill be a matter -of neptietio► between the spensors and the administration, and they Vill here to fulfill the administration's requirements. ri Mayor Ferre: Okay. And so that it really serves the total community And so on. Okay? ' Dr. Force: I thank the Mayor and the... Mayor Ferre: Well, you only have a motion now. Is there a second to the ` 4 motion? Dr. Force: Allow me to address you. Mayor Ferre: For the purposes of putting this on the record, I certainly would second that motion. Father. Father Gibson: Discussion? Any discussion? All right, sir, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-707 A MOTION SUPPORTING EFFORTS MADE BY PRIVATE ENTERPRISE FOR THE SECOND INTERAMEPICAN SUGAR CANE SEMINAR AND ALLOCATING A SUM NOT TO EXCEED $25,000 TOWARDS THIS ENDEAVOR SUBJECT TO SCRITINY OF THE FINANCIAL RECORDS BY THE ADMINISTRATION Upon being seconded by Mayor Ferre, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. i. I 80. INSTRUCT CITY MANAGER TO HEET WITH MR. ED LONDON REGARDING HIS PROPOSAL TO CONSTRUCT LOW INCOME HOUSING IN THE CITY Mayor Ferre: Mr. London, you have been here patiently month after month, after month, and I would...just to cut short any discussion, here's what I'd like to do. Mr. Manager, I'd like to make a motion, Father. That the administration to negotiate with Mr. London, his proposal, bring it back to the Commission in a more structured and formal way. Mr. London understands that it requires eventually the permission of Metropolitan Dade County, and of the South Florida Building Code, whoever makes that decision. But I think we should at least begin. Okay? Mr. Lacasa: I second that motion. Mayor Ferre: That's my motion. This is ... let me remind you wbat this =is. He wants to build 30 low cost housing units on a piece of property that he's bought. He wants our cooperation on it.. Obviously, this is not a final vote. What we're doing is we're asking the administration to persue it further. But his intentions are is to build a very small, inexpensive type of apartment. And I think in view of the tremendous' crisis that we have in housing, that I think it is certainly worth purusing this, at least to its next logical step. Beyond that. Mr. London, I want you to understand that this Commission may not agree to go finally with you if all these things come back in a very negative form. But what we're instructing the Manager to do is to pursue it to the next logical step. Mr. Lacasa: I believ49'Mr. Mayor, that this has 2 values. One is going to provide 30 units more of whatever the specifications to a mast needed market. Sscoudly, it is an experiment, that if it voarks, it's going to give the opportunity to the City of Miami as well as any other municipality to establish a system that v111 help to allevets, what is in my view, one of the most pressing problaw of our sty. 153 JUL 231981 Mr. Lacasa (continued): So, I do commend Mr. London for giving this opportunity to the City of Miami. I am wholeheartedly endorsing the E concept. Mayor Terre; And I think it's...let the record reflect that this is purely an experimental thing that if this succeeds and we do well, I would hope that we could pursue this and build many many more. Much more than 30 units. Father Gibson:- All right, any further discussion? Mr. London; May I speak for one second, Mr. Mayor, or it's not time? Father Gibosn: Looks like you're going to get these votes. Any further discussion? Call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 81-708 A MOTION A MOTION DIRECTING THE CITY MANAGER TO NEGOTIATE WITH MR. ED LONDON IN CONNECTION WITH HIS PROPOSED PLAN FOR CONSTRUCTION OF 30 LOW COST HOUSING UNITS IN THE CITY; FURTHER INSTRUCTING THE CITY MANAGER TO PREPARE FINAL PLANS TO THE COMMISSION FOR THEIR APPROVAL OR REJECTION Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mr. Plummer: I voted against it before because I think, you know, the concept is great. The concept of more housing, people have got to just be for. But it's my recollection, and I'm sorry that I don't have all of the stuff here before me today, that this is extremely...Mr. London, what was the size of these units? As I recall, they were... Mr. London: May I answer, Mr. Plummer? This was never before brought up before for a vote. Mr. Plummier: No, I remember you presented the concept here. Mr. Lacasa: Yeah, but this has nothing to do with the absurdity of the 200 or 250 square feet. We're talking about something different now. Mr. London: No, not. We're talking about the original proposal, which I brought out before, which was not voted on before but was referred to the Housing Department. I met with Ms. Spillman, Mr. Gireaux and went over back and forth with them the idea of this thing as a demonstration project to show that the private sector, private enterprise, can build t low cost, low rent housing. I had the dicussions with you, Mr. Lacasa, and with them about making larger units. I agree, largei units would be better units. Unfortunately, the numbers being what they are, the larger units, the rents have to be higher. Mr. Lacasa; But you mean that these 30 units you are proposing are on the scale of 200 square feet? 154 'JUL NMI Mr. London: No, 250. sir. Mr. Lacasa: No. Eddie, let me tell you this. t was misguided then. Let me tell you this... Mr. London: I'm sorry if I did, I didn't mean to. Mr. Lacasa: ...I remember that when this was brought up to our attention a few months ago, we had a.lengthy discussion over the question of the 250 square feet. And I. still today, I cannot envision a housing unit that has sanitary facilities, kitchen, storage space, living area, and a bedroom in 250 square feet. Mr. London: I agree. Mr. Lacasa: And since I don't envision that, I cannot support that. You come to me with this same proposition, with this same proposition for the same 30 units in something that is reasonable from the stand point of view of living conditions and human dignity, and I say human dignity because I think it's undignified to live under those circumstances. It's practically a jail cell in which to place a family, and I will endorse the concept. But for 250 square feet, no way. And if that is what the administration will come for recommendation to me afterwards, I certainly am going to vote against it. If you can raise that to a minimum area that is reasonable, granted that we are considering low income housing at its lowest minimum, I understand that. But there is also another question here. Whether or not we're going to invest in a project that is reasonable. And for me, quite frankly, to invest in a project that entails 250 square feet for a living unit is not reasonable. Mayor Ferre: Let's go over this thing again, because I think we're getting way off base. All that we are doing, all that the motion said was we are instructing the Manager to pursue this matter further. I stipulated clearly on the record, that this Commission reserves the right to vore for it in its final phase. I could not vote for a unit of 250 square feet. But I know that is not going to end up that way, because I know that by the time you're finished with Dena Spillman and Jerry Gereaux and by the time you go to Metropolitan Dade County, and you go to the South Florida Building Code this thing is going to be so different, I hope that you will maintain your interest, and that you will stick with it and come back with a unit that we can all accept. Now, let me tell you why I think this is important. You may have seen in the newspaper on Sunday, that the Keyes Company announced that last month the average house in Dade County sold for $100,000. Now, do you know what that means? That means that 90% of this community is not able to buy decent housing. 90% of this community cannot afford to buy $100,000 unit. And what in effect we're trying to do here is ... gentlemen, what's worse, what is worse than living in a small unit like this is living in a ghetto apartment infested with _ rats, 12 to the room. What's worse is living in the park or living in a bench or in an alley. And I want to tell you that tonight there are thousands and thousands of people in this Miami that are going to be sleeping on a bench, or in an alley, or are going to be involved in the worst kind of human conditions. And I think that this Commission has a moral responsibility to do everything within its power to permit the private sector, and the public sector to come back with resourceful ideas.. I don't know what your resourceful idea is going to be, but I have enough confidence and trust in your integrity to let you try. You come back here with something worked out. And I stand on my motion. It's a general motion. It does not in any way approve a 250 room apartment. It says Jerry Gereaux and Dena Spillman, sit down and work it out with this man and come back and tell us what you think is reasonable. f Mr. Lacasa: I will maintain my second, Mr. Mayor, on this motion if Mr. London keeps open the question of the square footage. Mr. London: I'll be happy to keep open the motion, Mr. Lacasa. Gentlemen, one of the things that maybe you should be aware of, that this is an efficiency unit, or a studio unit that does not have a bedroom. Second of all, I previously brought a blueprint and renderings prepared by an architect, who has been appointed by you, the Urban Review Board, who is a well known, qualified architect, Mr. Willie Borroto. I have met with Dena and Jerry, and I agree it will be nicer to have a larger unit. And possibly, this unit will not be acceptable to the other people that you've mentioned, Mr. Mayor. But in order, and again, this is a non-profit situation. This is a demonstration project. There is no motive in doing so other than to satisfy the pent up housing demand, and also the challenge that you made to myself and other people here when you wore talking about rent control. And that was basically that you gave us the idea to come up something to the private sector. We will try to make a bigger unit, if possible, if the numbers make sense. Mayor Ferre: Mr. Chairman, I call the question, sir. 1. PERSONAL APPEARANCE OF MR. CALHOU11 REQUESTING A FACILITY TO BE USED AS A PLACE OF WORSHIP BY THE HAITIAN C01-24UNITY Mayor Ferre: All right, now the last thing that we have here before we get to the regular agenda, is Mr. Arthur Calhous who has been very very patiently, he's been sitting hera since 9:00 in the morning. Mr. Calhoun step forward, air. I'm embarrassed that we've kept you waiting. Can you do it in 3 minutes? I know you've been waiting all day and I hate to rush you like that, but we don't have much time. So go ahead. Mr. Arthur Calhoun: I appreciate the opportunity of addressing the Commission on the subject of one of the minority communities in Miami, our Haitian people. I was for 20 years superintendent of our mission in Haiti. And because of that, I can identify with them in a very personal way. And we are at present doing our best to help them find a local facility that can be used for a place of worship for our particular denomination. We have several hundred of our own Weslyn Haitians in Miami, and we're trying to find a local facility in which they could worship. We have been informed that there are 2 old fire stations that the City owns in the area where most of our people live. One on 75th. I think the number is 7561 N.W. 1st Avenue and the other, 49th and N.E. 2nd Avenue. These our Haitian bretheren, in looking at them, have felt that either one of them could serve very well for their needs. And they asked me to present this to the Commission with a request that it be considered in a way that would be immediately helpful to them in locating a place of worship. Mayor Ferre: All right, well, Mr. Calhoun, I think the only way that we can properly do this is turn it over to the administration. Mr. Howard Gary is the City Manager. He will assign it to somebody. And if you would, I don't know who you are going to assign it to, but if you will let Mr. Calhoun know, we'll follow up on it. This item, as I recall, is already under study. Do you remember we talked about a fire station, and Mr .... what was his name, Jean Pierre... Mr. Gary: Espinoza. Mayor Ferre: Espinoza, is that his name? Came and that was basically the same request. So, would you get all of these interested parties together and come back and report to the Commission at the earliest convenience. 156 4UL ?� ►. F Mr. Mary: Yea, sir. Mayor Ferre: Thank you very much for you patience, Mr. Calhoun. Mr. Calhoun: I thank you very kindly. NO MORE SUPPLEMEIZTAL AGEIMAS BEGINNING III 82. MOTION OF INTENT: SEPTEMBER UNLESS THERE IS CONCURREPCE OF A MAJORITY OF THE MEMBERS OF THE CITY COMMISSION Mr. Plummer: Mr. Mayor, I'd like to make a motion. In the future, starting with the September meeting, that there no longer be a supplemental agenda. I make that in the form of a motion. I'm sick and tired of this sneaky pete. Mayor Ferre: You know, I think that the supplemental agenda started as a rather inoccuous thing 8 or 9 years ago, and its been growing and growing. And in this particular case, Mr. Manager, the supplemental agenda was as large as the regular agenda. Mr. Plummer: Well, that's only the point I've got. I've got one supplemental agenda, and this time I got a second one and I never looked at it because it was said to me, they delivered your supplemental. I said they sent me a duplicate. There must be another one. I've already got the supplemental. Now there's a second .... you know, if this continues, we're going to have 3 supplemental agendas and I just cannot read all of this material. Now, you know, staff gets paid to work full time. The City violates minimum wage now. We receive about 64C an hour. I know there's those who say we're overpaid, but I've still got to make a living. And you know, I just can't do it. I don't think any human being can take... Mayor Ferre: Plummer, look... f Mr. Plummer: ...and make all of this... Maygr Ferre: Plummer, Plummer, Plummer, let's not waste time. Mr. Plummer: Mr. Mayor, I got this one last night. This is insignificant. This is called the budget. I haven't even looked at it. Mayor Ferre: Mr. Plummer, in the interest of time, the motion is that Plummer moves that beginning in the September meeting, that there not be any supplemental items unless it has the approval of three members of the.Commission prior. Now, that gives you a little -leeway. okay? Plummer, do ` you have that 'mof ion? Mr. Plummer: I made it, air. Mayor Ferre: No, but I extended it. I said, that you move that as of September there be no supplemental unless it has the concurrence of at least 3 members of the Commission. Mr. Plummer: Mr. Mayor, I've got no problem bringing up an emergency. I mean a truthfully emergency matter. Mayor Ferre: I'm givino him that out so that he has a little leeway. Okay? You seconded that, Father Gibson? Further discussion? Call the roll on the motion. 157 f k JUL 231981 TV , F Thil following motion was introduced by Commissioner Plummer, Oho moved its adoptions MOTION NO. 81-709 a A MOTION DIRECTING THE CITY MANAGER NOT TO PREPARE ANY SUPPLEMENTAL AGENDAS IN ADDITION TO THE REGULAR AGENDA WHICH IS PRESENTED FOR COMMISSION CONSIDERATION UNLESS EMERGENCY ITEMS WHICH ARE USUALLY THE SUBJECT OF SUCH SUPPLEMENTAL AGENDAS UNLESS SUCH ACTION HAS THE PRIOR CONCURRENCE OF A MAJORITY OF THE MEMBERS OF THE CITY COMMISSION, THIS NEW PROCEDURE TO BECOME EFFECTIVELY IMMEDIATELY Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner Armando Lacasa =x 83. INSTRUCT CITY MANAGER TO INVESTIGATE POSSIBLE FU1MI14G FOR =' COST OF LIVING ADJUSTME11T FOR RETIREES �I t } Mayor Ferre: All right, sir, on supplemental agenda 4. Mr. Chadwick Kaye: City Commissioner8, Mr. Gary, thank you for allowing me to be here. My name is Chadwick Kaye. I am a former police officer, City of Miami, 20 years. I am the president of the City of Miami Retiree's Association, 2,100 employees. Over the past years, the City Commission has been very good and treated the retirees very well. Last year you passed an ordinance which gave the retirees of the City of Miami 1/2 of 1% for every year of service up to the first $300. In some cases where a police officer served the City of Miami for 24 years, retired as a Sergeant of the Police Department, receives a pension of $412. After 34 years of service, last year he received 1/2 of 1%. He's been retired for 7 1/2 years. He received ' a cost of living of $21.00. Another employee worked for the City of Miami, sitting here today, for 22 years, retired after 22 years of service. Mr. Ramon Cabellero has been retired for 5 years. Last year he received 1/2 of 1% for every year of retirement. He just received his retirement check, cost of living, $2.43 a month. I have many others who served the City of Miami for 30, 35 years, receive $240 a month after 33, 36 years of service. A man recieving $240 a month happily been retired for 18 years, he gets 9% of that $240. Had he been getting $300 he'd get 27. He is not getting $27, he's getting $24. This is cost of living. We request that the City Commission continue your policy...we request that the City Commission continue your policy, but we are asking for lx for each year of retirement for the first $300. This will hit those people in the lowest category. For if a person is gettinga $500 pension and has been retired for 6 years, the $200 above the $300'won't count, and he'll get 62 of the $300 will get $18. But that person who has been retired for 20 years...I have Mr. Charles Evans here.- Mir. Evans has been retired for 15 years. He's 83 years old. After 33 years working for the City Sanitation Department ' he receives a pension of $285. Last year he received $22. We're asking that if you give his a 1X for that $285, he'll get a cost of living of $45 a month. At the same time, I don't overlook the fact that the 158 4F 2 t Mr. Kaye (continued): fact that the City has assisted the retirees in the past. And many times I've heard the City Commission speak about the past employees. I was fortunate enough to be the president of the Police Benevolent Association, The Fraternal Order of Police, a member of the Civil Service Board, and a member of the Pension Board elected by employees. Mayor Ferre: Mr. Kaye, I don't mean to cut you short, but you know, you're losing people here. And I think...make your point and let's get on with it. Mr. Kaye: Well, I have made by request, 1%. The Commission continue its policy which was last year 1/2 0£ 1% for every year of retirement. But we're asking for 1% for every year of retirment up until ... Mayor Ferre: How much would that amount to? Mr. Kaye: Mr. Gary probably has the figures. Mr. Gary: Mr. Mayor, currently we are granting 1/2 of 1% at a cost of $300,000. We also have that in this years budget. Mayor Ferre: $268,000. Mr. Gary: Well, it's $280,000 plus the $20,000. That's how much we spent this year. Mayor Ferre: $280,000 plus the 20,000 for administration. That's a 12% increase over last year. Mr. Gary: Yes, sir. Mayor Ferre: What they're asking for is 100% increase. Mr. Gary: They're asking for us now to go to almost $600,000. Mayor Ferre: I understand. In other words, they're asking for 1/2% to a full, to 1%. Now, what's your recommendation, Mr. Manager? Mr. Gary: Well, my recommendation is that we have it in the budget 1/2 of 1%. My recommendation is it remains there because we have a severe budget problem and we're talking about laying -off 98 people and cutting back on services. And this will be a continuation of what we're doing now which is over and above the normal pension costs which is totally unacceptable to the two pension boards and the Unions. So I would agree that we should continue what we are now granting them. Mayor Ferre: Father, what do you want to do on this? Father Gibson: Mayor, I just feel that we ought to ask the Manager to look very sincerely. I find it hard to face the employees, retirees and ask these to live in 1981 on the pittance that they receive. I just find it hard. I would move you, sir, that the Manager be instructed to look around, find the money and increase that percentage. Mayor Ferre: From 1/2X to 1X? Father Gibson: Yes, sir. Mr. Plummer: Well, Mr. Mayor, it's a motion to instruct the Manager. You know, I second the motion, of course, but Mr. Mayor, you know, we're faced with the same thing and I don't like people walking out that door with any false hope. You know, these people have got to realize that we are in a position, and stick around for another half hour and you're going to hear exactly the position we're in, because we don't want to hear what we're going to hear, and you're going to want to bear it less. You know, we're faced with August the 14th of 1,000 employees gone. We're faced October lot with 144 positions gone. You know, hey look... 159 'JUL 2319M Mayor Verret J. ?.., I think what we need to do now, in total honesty to you, sir, and to the members of the... you know that in the past we've tried to help as such as we could... Mr. Plummer: And we will this time. Mayor Ferre: ...and I think we will again. But you're going to have to wait until the budget hearing process. And at that time, you know, we'll have to take this into account. Now, there's a motion been made to instruct the Manager. That does not mean that you have achieved what you want. It means that he's instructed to come back and report to the Commission has to whether or not he feels that he can find those funds. Mr. Plummer: And it also means this Commission is in sympathy with you. Okay? Mayor Ferre: All right, without further discussion, call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-710 A MOTION INSTRUCTING THE CITY MANAGER TO TRY AND LOCATE POSSIBLE AVAILABLE FUNDS TO FUND A REQUESTED INCREASE IN COST OF LIVING BENEFITS TO RETIREES, SUCH INCREASE BEING FROM 1/2% to 1% FOR EACH YEAR OF CREDITABLE SERVICE UP TO THE FIRST $300.00 OF MONTHLY PENSION BENEFITS Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner Armando Lacasa 84. CONTINUE FUNDING N.E.D.A. FOR ONE MORE MONTH Mayor Ferre: Mr. Arques, quickly. Mr. Arques: No, I am on the supplemental agenda. Mayor Ferre: What item were you on? Mr. Arques: I am with N.E.D.A. Mayor Ferre: What item? - Mr. Arques: I don't know. It's right there in the request... Mayor Ferre: Will somebody help on this. He doesn't know what supplemental agenda he's on. Mr. Gary: What item are you on? i} j!. �i '.i Mayor Perre: He doeng't know and I don't know either. Mr. Plummer: He's not on any of them. Mayor Ferre: What? Mr. Gary: He's not on the agenda. Mr. Arques: I mean, I was told I was there by... Mr. Plummer: You are on the one, Mr. Arques that comes out at 10:00 o'clock tonight. Mayor Ferre: Mr. Arques is here on his monthly request with N.E.D.A. We made a commitment that we would keep them afloat. I assume........ Mr. Plummer: $2,500, right? Mr. Arques: No, this time I'm going to ask for the balance, Mr. Commissioner, because I have been getting $2,000 a month and the...what happened is that I already have the fund from the City of Hiealhea and Dade County, and I think it was mentioned to me in the beginning that when I get those 2 grants I could come back to the City Commission for the balance. Mayor Ferre: Mr. Arques, you have this Commission's goodwill. And we have on a monthly occasion, given you ... how much is involved? Mr. Plummer: $2,500 a month, as I recall. Mr. Arques: $2,000. Mayor Ferre: Now, I don't think it's fair at this stage of the game to request for a total balance because your commitment to us is that you are applying for funding from the Federal government, and that this is a similar situation to the one we've had with New Washington Heights. I assume that that's progressing, but there has to be a limit to it. Now, when are you going to get your funding from Washington? Mr. Arques: Well, I applied to a proposal about 2 or 3 months ago... Mayor Ferre: I know that. Mr. Arques: ...which was not awarded to N.E.D.A. N.E.D.A. was a subcontractor with another company in Washington. It was awarded to a company in New York City. I have been in touch with that company to see if we can go as a subcontractor with them. So far, no money has been awarded to this company in New York, so I don't have any late news regarding the award that was given to them, that we'll probably we'll go to work as a subcontractor. Mayor Ferre: What are we doing. If he doens't have any hope for future funding, then what are we doing? We're not going to substitute for the Federal government. Mr. Arques: No, what I'm looking for, Mr. Mayor, is with the amount of money that I requested from the City of Miami, $18,000, to survive for 6 or 7 months until probably, and we get the subcontract with this company in New York. I have been in touch with them and I have a very good chance to get the subcontract with them. Mayor Ferre: Mr. Manager, as you may recall, this is the 4th time that we've done this. As I recall, we've already spent $8,000 or $10,000. Mr. Gary: Yes, air. Mayor Ferre: And the idea was that he was going to get substitute funding. Now, the administration was instructed to investigate all this just like you were with New Washington heights. And you may recall, you came back with New Washington Heights, and you said, by God, they're 161 JUL 231981 Mayer Terre (continued): right, Jackie Bell and Moses Florence have not been lying. They are going to get funded from the State and therefore, there's a point where we're cutting off. Now, you were instructed to do the same thing with this. And I, before voting on this, need to have that on the record. Where are they? Mr. Gary: I guess we really don't have to say whether we've investigated. He's explained that he's not going to get the funding. Mayor Ferre: He Just said that he was going to get funding from New York. Mr. Gary: No, no. He said the contract was awarded to a company in New York. Now he's going to try to go to New York to try and get a piece of that money through a subcontract which is not the Federal government. Mayor Ferre: What's the recommendation from the administration? Mr. Reid: The ... two comments, Mr. Mayor. One, N.E.D.A. has been a useful organization in this community. But our position was in March or April, that we should support the organization at a rate of $2,000 a month until they got an answer from the Federal government with respect to their funding. Now, the answer, as I understand it, Mr. Arques can clarify this, is the Federal government has awarded the grant that they were seeking to a New York firm. This is the same thing that happened to the Urban League Small Business Development Center. Because there is a new Federal policy that instead of working through non-profit organizations to supply minority business development assistence, they would open'it up to the Big 8" accounting companies. You know, it's now gone a different policy route. So I think, frankly, I would wish him luck in terms of that subcontract, but I think there is no steam in the Federal government to have such a subcontracting process occur, number one, and number two, some of the functions of N.E.D.A. are done by Miami Capital and SPOC, it would mean we would be funding a third organization to do similar work. Mayor Ferre: Are you saying that you recommend that we not fund this any further? Mr. Reid: I'm saying that if we fund them it would be a duplication of service. Mr. Arques: But I think Dade County, they have this same problem too becauve they have the game service of N.E.D.A. But I think... Mr. Plummer: Let me tell you where I'm at, okay? I am, at this point, to grant you an extension of one more month. We've gone this far. Now, I think whatever answers you want to get, you can get in the next 30 days. I think it will give the time of the adminstration to look into it to verify, and then we'll come back and we'll talk about on the loth of September. Mr. Mayor, I will move that the ... as previous, that we give them $2,000 for N.E.D.A. Mayor Ferre: Is there a second? Father Gibson seconds. Further discussion? Call the roll. Mr. Plummer: And it carrys with it the weight of the administration to come back with a full report at the next meeting. Without that full report, there will be no additional funding. Mr. Arques: Thank you, Mayor, thank you Commission. Mayor Ferre: Go ahead. 162 JUL 2 31981 ft ThO following rtiolutiotl fts introduced by Commissioner Plumatj Vhb Y s . moved its Adoptiomt RESOLUTION NO. 81-711 A RESOLUTION ALLOCATING A SUM NOT TO EXCEED $2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO THE LOCAL OFFICE OF THE NATIONAL ECONOMIC DEVELOPMENT ASSOCIATION (N.E.D.A.) TO PERMIT THE AGENCY TO CONTINUE OPERATING FOR ONE MORE MONTH ` (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner Armando Lacasa 85. APPROVE IN PRINCIPLE: REQUEST FOR $5000000 SEED MONEY TO SECURE 1.5 1ULLIO11 CAPITAL AIM RESERVES TO LICENSE A CASUALTY C014PAI- Y Mayor Ferre: Yes, sir, Doctor Simpson. Dr. Simpson: I'm on the personal appearance agenda. Would that be in order? Mayor Ferre: Yes, sir, of course. Dr. Simpson. ' Dr. George Simpson: My name is Dr. George Simpson. I five at 3619 Percival Avenue, Coconut Grove. And I'm here on behalf of 10 organizers of the Florida Mutual Insurance Company. I'm the Chairman of the Board of this company. This began when on May 17th, 1980, a group of people -in our black fraternity were meeting at the Howard Johnson, 111 Street and Biscayne talking about the problems of the black community, what should be done and... Mr. Plummer: Doctor, let me short circuit you because I've just asked the Manager if he's had the chance to go all through this proposal. His answer is no. Now, I want to tell you , you can make your presentation if you want, but I want to tell you what is normally going to happen. And that is that this Commission is going to send_ it to the administration for evaluation and recommendation. Mayor Ferre: But this time, I want to tell you that (,individually, not collectively. I'm not asking anybody also on the Commission to do it, but I want to tell you that I think this is one of the best ideas that ' has come down in a long. -long time. And it is a meaningful thing not only for the black community, but for the total community in Miami. And I totally subscribe to what Dr. Simpson is coming up with and what he's recommending. I'm totally in favor of it. Mr. Plummer; Mir. Mayor, so am I. I have read the proposal forwards aril backwards but I am not an insurance man. Okay? And I think regardless 1 JUL 2 31981 f Mr. Plummer (continued): of what we do, we're going to wind up sending It to the administration to take their experts and go through the proposal, a"A i,r.ai a tt f.arnlr Mara 4n Ito final fnrffl_ W4th a r0M1M"46T1dA+Iem_ ThAt'A all too saying. Dr. Simpson: Two things. We have a time constraint on this because there is an October 15th deadline for accumulating the capital and reserves which we need. Secondly, it has been presented to one of the bodies which is supposed to analyze it, and that was the Miami Capital group. And they have had, and they do have a tentative recommendation for it. It has been seen by some of the staff members but we do have this specific and stringent time constraint. We have to get this thing done by October, or else the money will have to go back. Mr. Plummer: It can come back here on September the loth. Dr. Simpson: But that will give us one month to do what we have to do which is raise $1,000,000. Mayor Ferre: I understand. Father Gibson: Or you could start now. Mr. Plummer: Start now. Hey, I'm going to tell you someting. I'm all in favor like the Mayor said, of what you're talking about. But I'm not an insurance expert to know if there are pitfalls. Dr. Simpson: We just wanted the approval in pricniple of the... Mayor Ferre: I've got no problem of accepting a motion in principle that says that this is a good idea and we ought to investigate it further. Mr. Plummer: I second the Mayor's motion. Mayor Ferre: All right, Father, do you second the motion? Father Gibson: Yes. Mr. Plummer: That carries with it, Mr. Mayor, that the Manager come back... Mayor Ferre: Of course. Mr. Plummer: ...on the loth of September with a final draft. Mayor Ferre: Of course. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION N0. 81-712 A MOTION APPROVING IN PRINCIPLE A PROPOSAL MADE BY GEORGE SIHPSON, CHAIRMAN OF THE BOARD OF FLORIDA MUTUAL INSURANCE COMPANY IN HIS REQUEST FOR $500sOOD TO BE USED AS SEED CAPITAL IN SECURING THE $19500,000 CAPITAL RESERVES NECESSARY TO LICENSE A CASUALTY COMPANY, INSTRUCTING THE CITY MANAGER TO INVESTIGATE THIS PROPOSAL AND COME BACK TO THE CITY COMMISSION WITH HIS RECOMMENDATIONS , Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: (CONTINUED ON NEXT PAGE 164 JUL 211981 A $ ieeionert J. L. plumer s Jr, - - Vice -Mayor (Rev.) Theodore R. Gibeft Mager Maurice A. Forte'. 1ROES: None ASSENT: Commissioner Joe Carollo Commissioner Armando Lacasa r86.APPROVE IN KIND SERVICES FOR DOWNTOWN MIAMI BUSINESS ASSOCIATION T ANNUAL DOWNTOWN SU11MER FESTIVAL Oil AUGUST 160 1981 Mayor Ferre: Anybody else that must bring something else before the Commission? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Sure. My time is your time. Mr. Emilio Calleja: My name is Emilio Calleja. I'm the Executive Director of the Downtown Business Association. This is concerning the Downtown Summer Festival, August 16th... Mr. Plummer: Mr. Mayor, I move it. Mayor Ferre: Which item is that? Mr. Plummer: 62.* Mayor Ferre: There's a motion on item 62. Is there a second? Mr. Calleja: All I'm asking for is the resolution to close the streets and the police, half the police in kind which we always get. Mr. Plummer: You explained that all. Mayor Ferre: Is there a second to the motion? Gibson seconds. Call -i the roll on item 62. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-713 s . A MOTION GRANTING THE REQUEST OF EMILIO CALLEJA EXECUTIVE DIRECTOR OF THE DOWNTOWN MUM BUSINESS ASSOCIATION FOR IN -KIND SERVICES IN + CONNECTION WITH THE ANNUAL DOWNTOWN SUMMER FESTIVAL TO BE HELD AUGUST 16, 1981 1 Upon being seconded by Commissioner Gibson. the motion was passed and adopted by the following vote: (CONTINUED ON =' ?A=) 1 JUL 231981 i i i Alta ! N0181 ComLosiooer J. L. Plummer* Jr. Viee-%labor (Rev.) Theodore R. Gibson Manor Maurice A. Terre None AISENTs Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Terre: All right, is there anything else that must come.up before this Commission before we break? If not, we will be back here at -8:00 o'clock. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 7:00 P.M.; reconvening at 8:00 P.M., with all members of the Commission found to be present except for Commissioner Carollo. WATERFRONT BOARD: (a) MAKE LAUNCHING RAMP AT ELIZABTH VIRRICK GYM USEABLE Uppppp IIxx CCgg IILLLL 37. (b) DEFININIEN2. ORItiGO� AT"ON IRYWMARINA (c) ATIGs OETALTMSNOCIYId .� NSTUART VEMNCTFIIFR T (d) Ii73TR'JCT CIM' 1&. A:'AG=. O L.:..: 1717.: G OF U.S. NAVY FOR RELOCATION OF RESERVE TRAINING CENTER Mayor Ferro: We will not have a full Commission ton gat. ou entitled to be heard by a full Commission. If there is any member of the public who wishes that an item be deferred because they want the item to be heard by a full Commission, you are entitled to that. So please let us know. We have some other issues that were pending. Mr. Sorg has been waiting here all day to be heard. Go ahead, Mr. Sorg. You are recognized. I know you've got a lot of items. I would be most grateful if you could keep them brief. Mr. .Stuart Sorg: Stuart Sorg, Chairman of the City of Miami Waterfront Board. Thank you, Mavor Terre: I'd like first of all. to acknowledge and recognize John Copeland who the Law Department has placed with us as counsel for the Waterfront Board. We're very fortunate to have him. I appreciate that very much. The second thing, I'd like to get the Commission's approval on 4 new alternate...excuse me, 2 new alternate board members for the Waterfront Board. They are John Turner who is recommended by Mr. Oscar Lopez who is a Commissioner for the Little League Football. Mayor Ferro: Wait, wait. Are you asking for appointments on the board? Mr. Sorg: No. These are the alternate members that I asked some time ago that I could put on the Waterfront Board. Mayor Ferro: Well, see, the point I guess is that earlier today, Mr. Sorg, the Commission decided toevenot to make any appointments until we have a full Commission so everybody would have an opportunity to... 0 JUL Mr. Plummer: Well Mr. Mayor, let me make that record clear. Mr. Song, I love you dearly, but we're going to make the appointments. Mr. Sorg: Yes, that's the way we're doing it. Mayor Ferre: He's got the right to recommend. Mr. Plummer: He can...oh. Mayor Ferre: We have the right not to pay attention. Mr. Sorg: These are the alternate members. These are not members of the Waterfront Board. Mr. Plummer: I understand, but we're going to make those recommendations. Mayor Ferre: Who are the people you are recommending? Mr. Sorg: This is John Turner and a man named Bob Rich. He has Rich Electronics up the Miami River. Mr. Plummer: I know him well. Mayor Ferre: All right, Mr. Sorg, remember that we need to keep balance. We need to have women, we need to have blacks, we need to have Latins, we need to have people that represent...and I would like to see .. Mr. Sorg: We have 3 ladies on the board now, air. Mayor Ferre: Okay. I'd like to see a record of what that balance is before we make that final decision. Mr. Sorg: All right, sir. I'd like also know ...let the Commission know the Waterfront Board has appointed an advisor to the Waterfront Board. That's Don Wisdon who ran the Crop of Engineers for about 6 years. And we found that expertise will be more than valuable to us. What I'd like to say is also in September we're going to hold a permitting seminar, the first one that's ever been held in South Florida so builders, contractors, everyone will know how to exercise the proper procedure for seeking permits. Mr. Plummer: Let me ask a question. Don Wisdom, he, I assume is working as a consultant for no more than $1.00 a year. Mr. Sorg: We're not paying anything. Mr. Plummer: That's even cheaper. I like that. Mr. Sorg: We got that for nothing. I'd like also at this time to inquire from the City Commission regarding the launching ramp. Some time ago we requested from the City Commission that there be funds appropriated from the launching ramp at the Virrick Gym. It was the laying of certain amounts of concrete on top of the ramps so it could be used on a regular basis. We had gotten a fair amount of support from the Fosmoen administration, and I need some support now from... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: From the Gary administration. Mr. Sorg: We need to bring this back to the Gary administration but we need the Commission's... Mayor Ferre: Well, there's the head of the Gary administration right over there. Mr. Sprg: We've been trying to get to the City Manager for a long time and he's been very busy fo... 167 JUL 2 31981 Mr. Pigs Prom what I hear, a lot of other people are doing the same. Mt. Sorg! But what weid like to do, we'd like very such to find some funds from the Marina Development Fund so that people can begin to launch v£ their boats at the Virrick Gym. Mayor Ferre: Mr. Manager, Mr. Stuart Sorg is an emissary for the waterborn community here. And the Waterfront Board has the responsibility of just these type of things. So I would be most grateful, and I'm sure I speak for everybody on the Commission, if you would appoint somebody on staff to deal with these items because this is something that this community has been expecting for a long time. Is that right,. J. L.? Mr. Plummer: Yes, air. Mayor Ferre: That water ramp, where is it? By the Coast Guard? Mr. Plummer: Ever since the place was dedicated I've asked for the ramp to be fixed. Mayor Ferre: We've been talking, this is one of your items, as I recall. Mr. Plummer: Yes, air. Mayor Ferre: Well, what do you want to do? Mr. Sorg: We've been pushing it for a long...we're ready to do it if we get the funding. Mayor Ferre: What do you want to do on it, Plummer? Mr. Plummer: I'll move it. Mr. Sorg: It's $35,000. Mr. Plummer: I'll move that the Manager be instructed to make the ramp at Virrick Gym a ramp that people can use that today they can't. Now, I'm not saying that whatever he's proposing because I haven't seen it. And I don't know that $�5,000 is the right figure. But I'll tell you, without question, to immediately proceed to make that ramp usable. Mayor Ferre: There's a motion on the floor. Is there a second? Seconded by Lacasa. Further discussion on this item? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 61-714 A MOTION INSTRUCTING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO MAKE THE BOAT LAUNCHING RAMP AT ELIZABETH VIRRICK GYM USABLE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AXES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.),Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT; Commissioner Joe Ctrollo ON • Father Gibson: Mr. Mayor, I'm going to vote for this motion, but I want to puke sure Mr. Sorg hears me. Just like you found Mr. Fosmoen, I hope you will find Mr. Gary. They both in there on time held the same office. And the day you tell me you can't get to Mr. Gary, you let me know, and I'll take care of that. Mr. Sorg: Oh, I've met with the City Manager twice and had some very fine meetings. It's been difficult the last two weeks, that's all. -Mayor Ferre: He's been very busy. That's not really his fault. Mr. Sorg: Of course lie has. I respect him tremendously. (b) Mayor Ferre: Now, Mr. Sorg, anything else you have? Mr. Sorg: We're dealing tonight also with the question of the liveaboards at the anchorage beyond the Mole Island in front of Dinner Key. Now, what we've gotten the Traugott organization, Biscayne Recreation, to do is to show in a geographical designation where their first designated mooring areas will be. The question tonight is we need to identify the support that the City can give regarding the establishment of these authorized mooring areas because you're going to have a whole lot of unauthorized people moored out there, and we have no way to support Mr. Traugott's designated areas. There's no jurisdiction right now. If there is a loss of the Marinas Division, they, under the City ordinance, have the responsibility. And that needs to go to the Police Department now. Mayor Ferre: Mr. Sorg, what do you want us to do? Mr. Sorg: I want some way that we can begin to work with the Manager to find a way to police once the official mooring areas have been designated, those areas. Mayor Ferre: Well, okay. That's an issue that I'm sure everybody is in favor of because that's something thats been loose and difficult for years and years. How you're going to do it is something else. And all I.can tell you is lots of luck. Mr. Sorg: No, sir, but what we're going to do... Mayor Ferre: You'd better do it only during the day. I wouldn't go out there. Mr. Sorg: Well, I'm not saying we're going to do it immediately. What we need to do is to buoy off those areas that will be the designated areas, and then we will begin to work...it may take another 6 months on the permitting. But we need to know that from some portion of the City will come the support if we're going to get involved with this thing. Mayor Ferre: A11 right, I think we need a motion as to the City's intent on this. And I think we're already on record, as I recall, having ... this City has already, this Commission, previous Commission, went on record saying that those areas should be vacated. Mr. Sorg, what ... the motion should be what? That we go on record saying that that ought to be vacated? Mr. Sorg: No, sir. That you go on record saying that you will support some type of ordinance once Mr. Traugott's organization has geographically established his moorings. Mayor Ferre: The motion, therefore is, that this Commission, as a matter of principle, goes on record that we will support an ordinance that the Manager brings back, and the principle that we Will try to control i69 JUL1 UL 2 981 Ic a Mayor Parts (continued): that particular area of mooring in the bay. Is that acceptable? 'Who is :making the motion on this? Mr. Lacasa: I'll make the motion. Mayor Ferre: Mr. Lacasa moves. Is there a second? Gibson seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, 'Who moved its adoption: � i. MOTION NO. 81-715 A MOTION OF INTENT TO SUPPORT SOME TYPE OF A PROPOSED ORDINANCE TO BE PRESENTED BY BISCAYNE RECREATION TO FIRMLY ESTABLISH LEGAL MOORING AREAS OF THE BAY ADJACENT TO DINNER KEY MARINA; FURTHER INSTRUCTING THE CITY MANAGER TO COME BACK WITH HIS RECOMMENDATIONS AND STIPULATING THAT A PUBLIC HEARING SHALL BE HELD AT THAT SAME TIME Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mr. Plummer: Mr. Mayor, does that motion carry with it there will be a public hearing? I assume... Mayor Ferre: Of course. Mr. Plummer: I vote yes. Mayor Ferre: The Manager is going to recommend and then we'll have a public hearing at that time. Obviously, you know you'll have this room packed again with all those people. Mr. Sorg: Should we handle it through the Waterfront Board again, as we did once before? Mayor Ferre: Yes. It has to go through the Waterfront Board before it comes here. (c) Mayor Ferre: Now, there's one last thing that I have for you, and that is: at the last Commission meeting, Mr. Manager, Mr. Sorg came up with the idea of us getting funds from ... as you know, these water funds are going to Dade County and we're not getting our fair share. And I... Mr. Sorg: Boating Improvement Act. Mayor Ferre: What's that? Mr. Sorg: The Florida Boating Improvement Act. Mayor Ferre: So I would move you, air, that Mr. Sorg be appoiutsd by this Commission as the Chairman of the Waterfront Board...Fatber Gibson, as the Chairman of the Waterfront Board, as our representative before Metropolitan Dade County and Tallahassee, to make sure that we get our 170 � � , JUL 23 �i 0 Mayor Perre (continued)t fair share of waterfront... Mr. Sorg: Boating Improvement Act, funds that are now coming from Dade County. Mayor Ferre: Of the Florida Boat Improvement Act Funds that should normally be coming to us but are not at this time. Mr. Lacasa: Second. Father Gibson: All right, discussion? Call the roll please.. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 81-716 A MOTION TO APPOINT STUART SORG, CHAIRMAN OF THE MIAMI WATERFRONT BOARD, TO ACT AS THE CITY'S LIAISON WITH METROPOLITAN DADE COUNTY AND THE STATE OF FLORIDA TO TRY TO OBTAIN FOR THE CITY OF MIAMI BOATING IMPROVEMENT ACT FUNDS WHICH ARE NOT PRESENTLY BEING PAID TO THE CITY IN ORDER THAT THE CITY MIGHT RECEIVE ITS FAIR SHARE OF SUCH FUNDS Upon beipg seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ABSENT: Commissioner Joe Carollo (d) Mr. Sorg: The last item. Mayor Ferre: Quickly. Mr. Sorg: The Naval Reserve came before the Waterfront Board requesting an opportunity to remain within the jurisdiction of the City of Miami. As you know, the economics dealing with the Naval Reserve personnel is about $1,000,000 into the City's economy. They're going to now join together with the Marine Corp. on 27th Avenue and build a dual center. That will mean about... `Mayor Ferre: I've got a problem. T've got a problem with that, Mr. Sorg. The problem is the Marine Corp. has tanks... Mr. Sorg: No, sir. No, no. Mayor Ferre: ...and they have fences, barbed wire, and you know. Mr. Plummer: It's not in the City. Mayor Ferre: What? Mr. Plummer: What he's talking about is not in the City. Mr. Sorg: Yes, they are. Mr. Plu:amer: No you're not. Mayor Ferre: He's talking about the Naval Reserve here in Cocoaut Grove. They want to move out. The question is where can be acco®odate them? Where are we going to accomodate them? 1'71 JUL 231981 K Mr. Sorg: On 8 acres of Matson Island. but let me just talk about thia...let's just hear the point just a minute. Mayor Fevre: I'll tell you, if you get Marilyn Reed's approval, and you get...I saw my friend Mr,. Turkel around... Mr. Plummer: What's next for Watson Island? Danny Paul is going to roll over tonight because he's been saying for years that's a combat zone. Mr. Sorg: Let me just finish just for a moment. First of all, by losing the Navy, you're going to lose, with the Marine Corp.,- $2,000,000 -worth of income coming into the City of Miami. All they are requesing is 8 acres someplace with a waterfront site so a vessal, naval vessels can come in here on a regular basis rather than going to Port Everglades. Port Everglades is offering 8 free acres to establish both those units up there... Mayor Ferre: All right, let me ask, can't we ask Dade County to give them space on Dodge Island since we gave them so much land and they filled all that? That's a logical place for them to go? Mr. Plummer: Why not talk to Bebe Rebozo. He owns the... Mr. Reid: Mr. Mayor, the last time that this was discussed by the Commission I think the Dodge Island alternative was suggested and recommended. It's my impression that even with the port expansion to Lumus , they are going to be looking for additional space. They'd be interested if we let them take the cruise ships outside of the FEC site. So, I think the proposect of them giving up 8 acres of Dodge Island is not realistic. Mr. Plummer: How about Virginia Key? Mr. Reid: Let me make one other comment. I think part of the interest in terms of the Navy moving to another site is to get access to this site that now exists in the Grove. Okay? If the Navy did decide to move as the real second issue'in this process, it is quite possible that site would devolve to the City without cost. Mr. Sorg: I don't know what second issue Mr. Reid is talking about. But I'm trying to, right now, retain the Navy, the economy. I don't see how we can give up a forceful part of the City which as been here for Years. Mayor Ferre: I think you're right, Sorg. Look, I'd like to do it this way, and I don't... Stuart, there's no way that I think we can earmark any particular land. I don't think anybody would support giving up 8 acres of Watson Island to the Navy. I just don't think it's in the cards. And I think... 'Mr. Sorg: But it would be a trade—off Mr. Mayor. Mayor Ferre: I know, but I don't think that we can specify it that way. I think we can do this. I think we can instruct the administration to work with the Waterfront Board and its Chairman, and meet with the United `States Navy -and see if we can find, and identify alternate sites. Hopefully, within Miami, if not, within Dade County and request the support of Metropolitan Dade County in this endeavor. Can somebody move that? Mr. Lacasa: Move. Mayor Ferret Is that all right with you? Its been moved and seconded. Further discussion? Call the roll on that. I A MOTION AUTHORIAING AND DIRECTING THE CITY MANAGER TOGETHER WITH THE CHAIRMAN OF THE MIAMI WATERFRONT BOARD TO MEET WITH THE APPROPRIATE REPRESENTATIVES FROM THE U.S. NAVY TO DETERMINE IF AN ACCEPTABLE SITE FOR RELOCATION OF THE U.S. NAVY RESERVE TRAINING CENTER CAN BE ACCOMPLISHED IN THE CITY OF MIAMI OR WITHIN METROPOLITAN DADE COUNTY Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES% Commissioner J. L. Plumer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 88. PERSONAL APPEARA14CE: MR. JOSE MENDEZ REQUESTING DONATION OF CITY OWIIED LAND FOR CONSTRUCTION OF TEMPORARY HOUSING USING VOLUNTEER LABOR (APPROVED IN PRINCIPLE) Mayor Ferre: All right, Mr. Mendez, if you can quickly tell us what is is ... this is your model, isn't it? Very quickly, you've got 3 minutes. Mr. Jose Mendez: I will only do it in one? As you all can see, I an brining to you, to the City of Miami something very unique. It's what I call ayuda mutua in Spanish. It's a self-help concept. Which all I'm asking of the City of Miami is to donate the land to the Community Housing Corporation, which is a non-profit corporation. So in turn the community themselves can build the 8 units that I an presenting here to you. Mayor Ferre: Mr. Mendez, let's see if we can cut through real quick. This is a piece of property, MT. Manager, this is a piece of property owned by the City of Miami. Mr. Mendez is proposing that if we donate the property of a non-profit corporation, they will build on their own this kind of housing. Now, what they're talking about is geczing donations of material and labor to accomplish this. They would own the housing. ' It's in the Wynwood community and it would be exclusively used to house people who have been evicted and who do not have housing. And as you know, in the Allapattah, Wynwood community that is a common reoccuring problem where poor people are evicted and they don't have a place to sleep at night. This would be temporary housing that would be used for people in need of housing. My personal opinion is that it's a worthy thing to study. I think you've got a lot of legal problems with it, but I think it's certainly something that Dena Spillman's shop should really study and come back with a recommendation. Mr. Mendez: I have a little bit of information, your honor. We have already asked the City Attorney for an opinion. And the City Attorney has answered the opinion in the positive. One of the requirements of the City Attorney is that a research will be done whereby the City will have no use for that piece of land. And Mrs. Spillman has already answered in the form of a memo to the Attorney saying that the City bas no use at this time. JUL 2 31981 Mrs Lacasa: Mr. Mendez, let as tell you this, if this works, and I am for thibo I would suggest we look for more land in the City of Miamib or even the housing bonds to buy more land for this type of thing. This is a very good idea.; Mr. Mendez% Thank you. Mayor Ferre: Let me tell'you where this has worked, and I'm sure where Mendez got the idea, in Puerto Rico, the government of Puerto Rico would make available property, mostly in rural communities, and the community itself would go out and build these things on volunteer time. And a carptenter would go in and volunteer 20 hours of work, and an And -etas to be properly supervised because you can't let anybody build something like that. Mr. Mendez: We already have a commitment in writing from a general contractor firm to do it free. And we also have in writing a commitment of the architect. So I have letters to that effect. Mayor Ferre: So if we can get a donation of architectural service, general contractor, and then all the trades, electrical, plumbing, carpentry and all that, and the rest of it would be, the labor part would be done by the community itself. I think it's worth at least pursuing it to that extent. So is there a motion to that? Mr. Lacasa: I move that. Mayor Ferre: As a matter of principle. Mr. Lacasa: And I expand also, to look for more land. Mayor Ferre: Let's do one at a time. Mr. Lacasa: Well, we have that money from the Housing Bond that we haven't done a thing with. Mr. Plummer: Do you mean the Flagami money? Mayor Ferre: This is more self help in the same way that we did with Ed London. So, there's a motion in principle for you... Mr. Plummer: What item is this? Mayor Ferre: Non-scheduled item. Manager. Is there a second? Mr. Plummer: Yes, I second it. This is a matter in principle to the Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-718 A MOTION APPROVING IN PRINCIPLE THE IDEA EXPRESSED BY MR. JOSE MENDEZ FOR POSSIBLE CONSTRUCTION OF TEMPORARY HOUSING ON GOVERNMENT LAND BY THE USE OF VOLUNTEERS SUCH AS ARCHITECTS, CONTRACTORS AND TRADESMEN; FURTHER INSTRUCTING THE CITY MANAGER AND THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO STUDY THIS MATTER AND TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION AT A FUTURE DATE 174 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None -ABSENT: Commissioner Joe Carollo 09. INSTRUCT CITY MA14AGER TO NEGOTIATE FOR USE OF AIR RIGHTS OVER PUBLIC SIDEWALK AT 315 N.W. 2 AVENUE Mayor Ferre: Mike, Mr. Anderson, quickly now. Item 63. Mr. Michael Anderson: Mr. Mayor, members of the Commission, my name is Mike Anderson. I'm an attorney with offices at 9400 S. Dadeland Boulevard, and I represent NBE Partners Limited. And with me tonight are Felix and Isaac Blank, and Norman Neremberg, 3 of the partners, and S Juan Guiterrez, the architect for a project that we're proposing at 315 N. E. 2nd Avenue. It's a 2 story shopping plaza. I'm going to show you the renderings. 2 story shopping plaza, we're going to skip a floor completely, and then go up with 10 floors of offices above. I asked the architect to cove up with some variances, conditional uses. We couldn't come up with any, so I said, well, let's see if we can come before the Commission. What we have is simply a little easement... it's right across from the college, just north of the McDonalds. We're just asking for a little easement for a second floor restaurant. It doesn't go all the way up, as you can see. It simply just 5, 6 feet over the sidewalk. It's not to gain floor area. If we wanted to gain floor area we could enclose the third floor, we could go up floors. We'd have plenty of room. It's just a unique concept which the architect has come up with. Mr. Plummer: What is the easement you're asking for? Mayor Ferro: Mike, where is the easement that you want? Mr. Anderson: It's right over the... Mayor Ferre: Oh, you want an easement over the sidewalk. It cantilevers over the sidewalk in the same way as Miami used to have these covered walkways in some parks. Into the record, sir. Mr. Juan Gutierrez : My name is Juan Gutierrez, 145 Madera Avenue. This is completely open. It's like an arcade so it's not going to be a wall. It's not going to be a wall, it's going to be an open space. Mayor Ferre: Speak into the mike, like this. Mr. Gutierrez: It's going to have an outdoor dining area and it's skylighted above. Then we are skipping a complete floor, so in reality what the pedestrian, when he walks by what he is going to be faced with is not going to be a wall. It's not going to be a solid... Mayor Ferre: There are no columns going down into the street? Mr. Gutierrez: The columns are within the property line, Mayor. Mayor Ferre: Okay. Would the administration tell us why you are against this? Mr. George Campbell: Mr. Mayor, members of the Commission, for the record, my name is George Campbell representing the Department of Public Works. Historically. the streets in the City are dedicated to the public, and as such, are held in trust for the public by the City. Therefore, and we have discussed this with'the Department of Law before. We cannot give easements to an individual, a private individual... -Mayor Ferre: We're doing it with Mr. Gould. Mr. Gould is asking ... you recommended that Gould do it. Mr. Percy: The distinction, Mr. Mayor, is that one is a permit as opposed to an easement. And easement is an interest in property and a permit is a just a permission for a specific use for a specific period. Mr. Anderson: We don't care what you call it, if we can do it. Mayor Ferre: Well, you know, Mr. Gould is getting the right of the use of the street to put up a parking garage and 2 department stores. Mr. Campbell: May I interject something here? If you want ... just about Mr. Gould. I have spoken with Mr. Gould, and with his attorney's, and reiterated what I have just told you. And I have stated, I guess mayoe sticking my neck out a little bit, but categorically I said, that if you want to close that portion of 3rd Avenue between ... I mean 3rd Street, rather, between 2nd Avenue and 3rd Avenue, it will be necessary for you to replat: This is what I have said to them. Mayor Ferre: Wait. These people are not asking for a vacation...vacating a street. I'm talking about Could's garage where the street continues underneath, but Gould is bridging... he's using the air rights. And ihese people in effect, what they're doing is they're asking for the air rights over that sidewalk. Mr. Campbell.: Well, I'd rather talk about Gould's item at another time, if I may. Mayor Ferre: Go ahead. Mr. Campbell: The position of the department, and the City, I hope, is that we would not give an easement, however, as we have in the past, we would enter into an agreement for the use of a certain portion of it provided that proper compensation should be paid to the City. Mayor Ferre: Well, I'll tell you, so we can move along, my personal position on this is I think you're partially right. But I would like to refer this matter back to the administration to negotiate with these people the right to using an easement, is that the way you put it? a Mr. Campbell: Air right. Mayor Ferre: An air rights over that sidewalk, and come back to this Commission with your recommendation. In other words, you go and negotiate. You tell what you're -going to do for us. We know what you want us to do for you. You tell us what you're going to do for us. Mr. Anderson: You know, the People Mover... Mr. Lacasa: The way I see this is that I think they are doing something for us. Are going out with a very good project for downtown Miami. Mayor Ferre: They can come out with a project without that. And they can tell us what they're going to do for us. 176 JUL 23 ISM f: Mrs Andersont l can tell you now that we, that this area right in here `— leAds to the People Mover Station. 1'he People Mover Station is tight In back of us. We've designed the building so that the People Mover Station would have an easement right through our first floor of the = Al building. �= Mayor Ferre: Obviously, that's of interest to you. Mr. Anderson: Yes, they wanted an easement and they...we've been working with them for over a year, with Downtown Development... Mayor Ferre: Mike, it's 8:35, we've got 300 people waiting ctr other --issues. I think, as I see it, I think you might be able to get this Commission, I don't know. At least you hAve one person here. I'm willing to go along with the idea of sending you back to the Manager and you negotiate with him the air rights over that sidewalk. Okay? Mr. Plummer: That carries with it compensation with it to the City. Mayor Ferre: Of course. Somebody want to move that? Mr. Lacasa: There's a motion. Is there a second? Mr. Plummer: Second. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-719 A MOTION REFERRING TO THE CITY MANAGER A REQUEST FOR USE OF AIR RIGHTS (SIDEWALK EASEMENT AT 315 N.E. 2ND AVENUE) FURTHER REQUESTING THE MANAGER TO STUDY SUCH REQUEST FOR FUTURE RECOMMENDATION TO THE CITY COMMISSION Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSLNT: Commissioner Joe Carollo FOLLOWING ROLL CALL: Mayor Ferre: Okay. You go back and negotiate with the Manager and you come back September loth, Mr. Manager, and tell us what they're willing to do for you. Okay. I think that concludes the morning issues that people have been waiting all day on. THEREUPON, the Chair ADJOURNED THE REPULAR PORTION OF THE AGENDA, AND PROCEEDED'TO TAKE UP ITEMS BELONGING TO THE PLANNING AND ZONING PORTION OF THE AGENDA. + i !r JJ I' JUI. 231981 -17 7 1 If l 9O. DISCUSSION ADD TWORARY DEFERRAL: Mayor Ferre: Now, we re on item 10. We're taking up item 10 which is the one... all right, ma'am, there's a lady back here who is an opponent. You raised your hand. is there anybody else here that's opposed to this -project? Ma'am, why don't you come on up. I can't hear a word you're saying. You've got to come up and speak into the microphone. Tell us; i what your problem is and then that way when they address the issue, they can try to answer your problem, since you seem to be the only opponent here. UNIDENTIFIED SPEAKER: The reason I was the only one here, it had been sent out by ballot. And I talked to most of the people that had voted on it yea and nay, and they didn't think it was necessary to come tonight. They were astounded that it was being brought up again tonight. So that's why they are not here. Mayor Ferre: You need to give us your name for the record, ma'am. Father Gibson: Give your name, dear. Mrs. Alberta Ryan: Alberta Ryan. Mayor Ferre: All right, Mrs. Ryan, thank you. All right, do you want to tell us why you're opposed to this? Mrs. Ryan: Because of the parking situation. Because... Mr. Plummer: Alberta, excuse me, I know her well. Are you aware that they have entered into an agreement with St. Peter and Paul for the use of that parking lot? Mrs. Ryan: No. I'm sorry. We assumed that that might be done, but we didn't know it had been done. Mr. Plummer: It's going to be a condition or I'm not voting for it. So I want you to know that that is a portion of the commitment and I think you should know that. Mrs. Ryan: It hadn't been put in there anywhere before the public so.nobody knew about it that it had been... Mr. Plummer: They've already entered into an agreement with the church. Mrs. Ryan: I see. I had been discussed among the many people that that ! possibly might come up. Okay? 7 91. BRIEF DISCUSSION AITD C011TINUATION OF AGENDA ITEMS 4 "A" 4 "B" FOR FURrAER 311-IFORMATION (PLANNING AND ZONING AGENDA) Mayor Ferre: Any item can be requested to be deferred. Now whether or not it's deferred it's something else. You want to defer item number 4? Mr. Plummer: She's not the applicant. Mayor Ferre: Is the applicant here on item number 4? Mr. Plummer: The City is the applicant. Mr. Reid: The City is the applicant. Mayor Ferre: Do you have any big problem in deferring item number 4? Mr. Reid: No, Mr. Mayor. Mayor Ferre: Does anybody have a problem in deferring item number 4? Mr. Plummer: Well, we're not deferring it, we're asking for further information, Mr. Mayor. Mayor Ferre: All right, the item, as it has been explained to us, is not complete. And I will submit to you some questions that I don't understand,what 4 "A" really means, and we need some more information. Is there a motion now to... Mr. Plummer: So move. Mayor Ferre: ...what's it called again, Plummer? Mr. Plummer: 4 "A" and "B". Mayor Ferre: Defer for purposes of further information. Mr. Plummer: Continues. Mayor Ferre: Plummer moves, Gibson seconds that this item be continued for further information. Further discussion? All right, call the roll on the continuance. THEREUPON, the members of the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Gibson, UNANIMOUSLY AGREED TO DEFER THE ABOVE MATTER TO the September 24, 1981 Commission Meeting. FOLLOWING ROLL CALL: Mayor Ferre All right, those of you that are here on items 4"A" and 4 "B", the item has now been continued to the next Commission meeting. Mr. Plummer: No, its been continued to the 24th. Mayor Ferre: Which is the next Commission meeting on Planning and Zoning. ,I��c _ =81 Ab1 v DISCUSSION AND DEFERRAL OF C014SIDERATIOII OF REQUEST FOR CHANGE OF ZONING - FLORIDA AVENUE, MARGARET STREET, S.W. 32 AVENUE Mayor Ferre: Are there any other items where you'd want a deferral? UNIDENTIFIED SPEAKER: Yes, Mr. Mayor. That's why I'm standing. Mayor Ferre: You first and then these 2 gentlemen. What item do you want to defer? Mr. Jan Seaton: Defer item number 7. Mayor Ferre: Defer item number 7. All right. Anybody object to deferring item number 7? This is the one between Margaret Street and 32nd Avenue. Any objections? Mr. Plummer: Well, you've got a lot of people over here. Mayor Ferre: That's why I'm asking. Do you remember what I said in the beginning. The applicant is entitled to have a 5 member Commission. UNIDENTIFIED SPEAKER: We would just like to know his reason for deferring. Mr. Seaton: We think it's a very important piece of property and a very important issue. And we we think it's very important, therefore, that we have a full Commission to hear all the views that we're going to present. And as a matter of right, I believe we're entitled to it. Mayor Ferre: He's entitled. Mr. Seaton: My name is Jan Seaton. I'm the attorney for the applicant. Mayor Ferre: All right, does anybody have any problems with the request of the applicant? (INAUpIB4E BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Yes, ma'am, if you want to tell us what it is, come on up. Mrs. Dinkins: My name is Grady Dinkins and I live at 3201 Florida Avenue. And of course, coming here tonight and finding what I have found, I am very upset. Mr. Plummer: What did you find? Mrs. Dinkins: Well, these gentlemen who are planning to develop the number 7 item, they have not met with the community, and they have harrassed me until I had to go to Janet Reno's Office about it, the State Attorney's Office about it. Mr. Plummer: Well, l%r. Mayor, I would hope that we maybe can try to short circuit a little bit of this and if this deferment is granted. that it's granted with the full stipulation that the developers will hold a meeting with our staff, at the meeting, with the community. And then we don't have to worry about that at the next meeting. Mayor Ferre: I'll tell you, if you want any votes out of this Commission, you'd better do that, because right or wrong, you're going to be wrong if you don't meet with the community. Mr. Seaton: We'll be glad to meet with the community. ISO JUL 231981 a piufuer: Mayor, i will move that iten I be continued for further � infoTwtion and community input, that staff be instructed to call the meeting between the developer and the residents prior to it coming back before this Commission.., Mayor Ferre: Is there a second4 Mr. Lacasa: Second. Mayor Ferre: All right, further discussion? Call the roll on the �{ continuance of item 7. The following motion was introduced by Commissioner Plummer, who moved its adoption: t` MOTION No. 81-720 A MOTION TO CONTINUE CONSIDERATION OF A REQUEST FOR CHANGE OF ZONING OF FLORIDA AVENUE BETWEEN MARGARITE STREET AND S.W. 32ND AVENUE FROM R-1 TO C2A; FURTHER DIRECTING MEMBERS OF STAFF TO MEET WITH THE RESIDENTS OF THE AFFECTED AREA TO GAIN THEIR INPUT PRIOR TO THIS MATTER COMING i BACK BEFORE THE CITY COMMISSION Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 93. CHARGE ZONING CLASSIFICATION 1300-1316 S.W. 12 AVENTUE (CUBAN MUSEUM) WITH STIPULATIONS TO BE SUBMITTED TO ADMINISTRATION Mayor Ferre: All right. Now, let's proceed with item 10. Mr. Plummer: Mr. Mayor, can I try to short circuit 10? And I'm not trying to be the author, but... Mayor Ferre: It's alright if you are. Mr. Plummer: Mr. Mayor, as this stands before us this evening is not in fact the final decision. This, as it stands...well, the people out there are not aware of that. As it stands before us this evening, is purely and simply a zoning matter. And I don't think, Mr. Mayor, that we need to go into a long tirade about the good of the museum because that's not in question. What is in question is zoning. And Mr. Mayor I think it would be in order that this matter be approved as a zoning matter and no other discussion be entered into and then we can, if the Commission so wishes, when we go back into our regular agenda, we can send these people to the Manager to negotiate a contract which has to be done. But as it gtands before us right now, the only permissable conversation is,zoning. And I want to say to people that are smart, that when you come before the City Commission with an item for approval on 6-0, the more you talk, the more you hurt yourself. T 181 Aft 231981 Mayen forre t Give us your nee... Mr. Plummer: Are you finished with your presentation? Mrs. Mignon Medrano: Mignon Medrano. I'm President of the Cuban Museum of Arts and Culture. Mr. Plummer: And you stipulate for the record everything herein contained in this application is true? Mrs. Medrano: Yes, air, I do. Mr. Plummer: Do you have anything else to say? Mrs. Medrano: Not in view of your statement. Mayor Ferre: I want to tell you the reason Plummer does this is because he's learned from Father Gibson who gives confession, see? And Plummer once in a while thinks he's giving confession or absolution or something, and he follows this procedure. Mr. Plummer: I don't mind adhering to Father's policy on that, but I wish Father would adhere to his side by his penalties of penance that I have to do. Mayor Ferre: All right, what's the motion. FAther Gibson: Let me ask... Mayor Ferre: Father Gibson. Father Gibson: Do you have an agreement from St. Peter and St. Paul? Mrs. Medrano: Yes, sir, we do. We have a letter ....... Father Gibson: In writing. Mrs. Medrano: Yes, sir. Father Gibson: From St. Peter and St. Paul. You have one from... Mrs. Medrano: Signed by the pastor. Father Gibson% Do you have one for the diocese. Mrs. Medrano: No, sir, we don't. Father Gibson: Let me say for the benefit of you who are not clergymen, I not only want one from the priest, I want you to get one from the Diocese. Mrs. Medrano: We'll be happy to get it. Father Gibson: You know, when the chips are down, these parishes ain't nowhere. Go get it from the Diocese and then we're willing to talk turkey. Mrs. Medrano: Reverend Gibson, just for the record, let me mention that the only times when we would be needing the facilities of St. Peter and Paul parking area would be when we have special occasions and special opening for an exhibit. That might be twice a year, three time a year. Father Gibson: Dear, r bear you. I run a church. I know what people are like. Go get it from the Diocese and from the parish. Mrs. !Medrano; I may go to confession with you. 182 JUL 231981 • Mayor Ferre: I'll tell you, you just gave me another idea, whith I realize... Mr. Plummer: See what happens when you talk. Mayor Ferre: Let me tell you why you have to stipulate. That you are pot going to have any functions on this location on Good Friday, Easter Sunday, Christmas Eve, Christmas Day, or any other religious holiday, or religious event where the parking lot is going to be used by the church. Okay? If we make that part and parcel of this, then Mrs. Riley is going to be protected and all the neighbors that they will always having' parking there for the museum. --Mr. Plummer: Mrs. Ryan. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Alberta, we can't hear a word you're saying. We know you're talking. Mrs. Ryan: There's one more further question I have. How about the times that they have the school and the football games and all that sort of thing, in the school yard, which they have repeatedly over and over. That school yard is quite, a very active area. Mayor Ferre: Well, Mrs. Ryan, I assure you that if they have any sense, they're not going to hold their functions when there's a football game because they're not going to be able to park. And I think they're just as worried about having a function that's a failure, and obviously, they're not going to have a function when they don't have parking space. Mrs. Ryan: That has been the big big hit about the whole thing, has been the parking situation because that street, there is no parking at all, no public parking. It's a very crowded area. Mayor Ferre: Well, let's do it this way. That the Cuban Museum will stipulate that they will verify with St. Peter and Paul, and not have any museum, main museum events on days when the church or the school are having functions. Mrs. Ryan: Their functions will be specifically designated to certain days, not just at random. Okay? Mayor Ferre: All right. When you come back, we'll work all that out as we go along. But that's in general. Father Gibson: And please bring that letter from the Diocese. Mrs. Ryan: Good idea. Father Gibson: If you don't have that, you don't have my vote because I know the dangers. Mrs. Ryan: They definetly should have that. Mayor Ferre: This is all stipulated with that as a condition. All right, now what's the will of this Commission? Mr. Lacasa: Mr. Mayor, I'd like to move that the change of zoning from R-1 to U be approved subject to the stipulation made by the Cuban Museum of Art. Mayor Ferre: On first reading. Mr. Lacasa: First reading, of course. Mayor Ferre: Is there a second? Mr. Perez: There are no stipulations attached to rezoning. 1on 00 JUL ^ J ►�8t i Y�YYi w�il, of course - mayor rege: No. no. This is on first reading. lay the second reading* as father Gibson said, theytre going to have to volunteer some ,additional information. Mr. Hummer: Would you repeat the motion, please. Mr. Lacasa: The motion is very simple, Mr. Plummer, that I trove that the change of zoning from R-1 to GU be approved. Mayor Ferre: On first reading. On second reading, they will come back j- -vith the stipulations... Mr. Plummer: Father, did you hear anybody second that motion? Mayor Ferre: I haven't. Mr. Plummer: I haven't either. Mayor Ferre: You're wasting time though. Mr. Plummer: I seocnd the motion. Mayor Ferre: Further discussion? All right, call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 10, 11, 12, AND 13; BLOCK 1; BRICKELL ESTATES (17-51), BEING APPROXIMATELY 1300-1318 SOUTHWEST 12TH AVENUE, FROM R-1 (SINGLE FAMILY DWELLING) TO GU (GOVERNMENTAL USE DISTRICT) AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson 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. Mr. Plummer: Oh, now that's the singer. Mayor Ferre: Is there a motion? Mr. Lacasa: Move for approval. Mayor Ferre: Is there a second. Mr. Plummer: Second it. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-721 A RESOLUTION APPROVING A REQUEST TO OPERATE A CUBAN MUSEUM OF ARTS AND CULTURE IN FIRE STATION NO. 15 ON LOTS 10, 11, 12, AND 13; BLOCK 1; BRICKELL ESTATES (17-51), BEING APPROXIMATELY 1300-1318 SOUTH- WEST 12TH AVENUE, PER ORDINANCE 6871, ARTICLE XXI-2, SECTION 3 (1,2), AS PER PLAN ON FILE; ZONED R-1 (ONE FAMILY DWELLING), PROPOSED TO BE REZONED GU (GOVERNMENTAL USE) ; FINDING THAT THE ESTABLISHMENT OF THIS USE IS (a) COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD; (b) NOT IN CONFLICT WITH PLANNING FOR THE AREA; (c) READILY ACCESSIBLE; (d) NOT ADVERSE IN IMPACT TO THE SURROUNDING NEIGHBORHOOD; (e) RETAINS THE PRESENT RESIDENTIAL SCALE OF FIRE STATION NO. 15; (f) RETAINS THE EXTERIOR DESIGN OF THE BUILDING; (g) PROVIDES AN IMPORTANT CULTURAL COMPONENT TO THE CITY (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 J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Mr. Plummer: Mr. Mayor, it doesn't pertain to GU toning, but I would like to make a motion at this time that the officers and directors, or the designated party be sent to the Manager to enter into negotiations with the Manager for the purposes of a contract, and hopefully, Mr. Mayor, that will allow when this comes back up for second reading, that it all can be taken care of so that these people don't have to come down a third time. I think that would be very much in order, so I would so move that at this time. Mayor Ferre: All right, its been moved. Is there a second? Mr. Lacasa: Second. Mayor Ferro: Further discussion? Call the roil. r Mr. Plummer: Of course, they understand that is with the letter from the Diocese, and you shall not hold anything on St. Maurice's feast day. Mayor Ferro: On the contrary, that's the day we want them to hold it. Mr. Plummer: Yeah, because nobody shows up for that one. Mayor Ferre: Call the roll. The following notion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 81-722 A MOTION DIRECTING THE APPLICANTS FOR A CHANGE OF ZONING AT 1300-1318 S.W. 12TH AVENUE (CUBAN MUSEUM OF ARTS AND CULTURE) TO OBTAIN A LETTER FROM THE DIOCESE STIPULATING A PARKING AGREEMENT FOR THE USE OF THE PARKING LOT ADJACENT TO ST. PETER AND PAUL CHURCH; FURTHER STIPULATING THAT ALL OTHER RELATED MATTERS CONCERNING CONTRACTS WITH THE CHURCH, ETC., BE FORMALIZED PRIOR TO THE SECOND READING OF THE ORDINANCE -CHANGE THE ZONING CLASSIFICATION AT 1300-1318 S.W. 12TH AVENUE Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 94. COMMUNITY BASED RESIDEIiTIAL FACILITIES: SECOND READING ORDINANCE: AMENDED TO INCLUDE PROVISION FOR SIGNS Mayor Ferre: All right, we're taking up item 3. This is a Planning Department application. Comprehensive Zoning Ordinance pertaining to the Community Based Residential Facilities. This is on second reading. This item was passed on first reading. It was moved by Gibson, seconded by Lacasa, with one negative vote and absent Carollo. All right, 90 ahead. Mr. Whipple: Mr. Mayor, unless you'd like additional information, we can proceed with the second reading. Mayor Ferre: I don't need any additional information. I heard all I needed to hear last time. All right, who wishes to speak on this item at this time? Does anybody wish to speak on item 3? Who are the... are you a proponet or an opponent? UNIDENTIFIED SPEAKER: Before I answer tht, Mr. Mayor, if possible, if you could have the City advise me the amount of feet they are requesting . because if they are going to expand, then I'd be for it. If they're going to make it a little closer, I'd be against it. Mayor Ferre: All right, would you tell us where we stand on that? .0 s 1 186 Mr. Whipple: Mr. Mayor, members of the Commission, at the last meeting, as you may remember, the Department was proposing 1,200 feet.... Mayor Ferre: Would the administration have ... is there a police officer that can keep quiet back'there, because evidently we can't do it otherwise. All right, proceed. Mr. Whipple: At the last meeting in the opinion and wish of this Commission, they amended the recommendation of the department of 1,200 feet to 1,825 feet. So additions requirement of facilities was increased from 1,200 to 1,825 to answer the lady's question._ Ms. Stephanie Symonette: Thank you. The name is Stephanie Symonette. I live at 201 N.E. 48th Street. I'm President of Brentwood Homeowners Association which comprises about 150 residential R-1 homeowners. I will be for this proposal in that our community has suffered greatly, say within the last 5 years. I moved there 10 years ago, and at that time we had 2 concept houses which is a rehabilitation for children with drug problems, and this was in a one block square...one square block. Now we have approximately 4 houses in one square block with another house clinic which has been moved in two blocs, I think south of the 4 houses. So if we don't have some type of ordinance which will specify... Mr. Plummer: Excuse me for one moment. Ladies and gentlemen that are standing in the back, the policemen are under instructions to invite you in and to have a seat. If your item is not up, then if not, please walk outside. There's chairs available here. You sure would make the policemens job a lot easier if you either come in and have a seat. There's no extra charge. Or please go out in the hallway. And Mr. Mayor, I would appreciate until this matter is cleared out and these people comply with the Commission's request, out of courtesy to the speaker that we just wait. Now, either they just don't hear me... Mayor Ferre: Eufalia, there's one right overhere. Mr. Plummer: I'm still looking at seats and I'm still looking at people standing. Now, you can go upstairs, but out of courtesy to the speaker, I'm asking you please don't embarass the policeman. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: They can't hear up there, that's their problem. Mr. Plummer: Well then, we ought to do something about it and put speakers up there. Mayor Ferre: Go ahead. Would you conclude your statement now? Ms. Symonette: Certainly. Therefore, as a representative of my community and the families, I would therefore be for this proposal. Mayor Ferre: All right, thank you. Are there any other speakers at this time? If not, what is the will of this Commission? Oh, you wish to speak? Please come forward. Unless, do you think ... you know, we all care. You know? And everything has been said. Now, unless you have something new to say, I would advise that you keep it short and to the point. Mr. Michael Messer: Yes, air, Mr. Mayor. I'll try to keep it as short as I can. My name is Michael Messer and I'm with the Dade -Miami Criminal Justice Council. And at the last Commission meeting, the last zoning meeting a month ago, Mr. Mayor, when we discussed this issue, there were several agencies that had certain concerns. At that time because of the lateness of the hour, you asked us to please take our concerns, go back, meat, discuss those concerns, and come back and make a presentation tonight. Okay? Basically, Mr. Mayor, we are in support of this ordinance. We understand the need for it, we understand the reasons behind it. We do, however, have several recommendations we'd like to make. I would also like to point out that we met with the 187 JUL 231981 Mr. Messer (continued): City Legal Department, and the City Planning Department and discussed these concerns with them. The first one is that in the R-1 zoning, the single family resident zoning, we would like to see the ordinance changed from 6 occupants to 8 occupants. The reason for that is that it would allow us to have 6 clients in a program. With less than 6 we can't run a cost effective program. Mayor Ferre: Okay. Mr. Messer: And I'd like to also point out that this is not our money, this is public money and that's where our concern comes from. In R-2, we'd like to request a change to 10 occupants. Mayor Ferre: From what to what? Mr. Messer: I beleive it's presently 8. We'd like to raise it to 10. Okay? We'd like to...and I did point out, Mr. Mayor, at the last meeting I was almost certain that Mr. Plummer's recommendation of 1,825 feet was not seconded. In the ordinance I saw today, it seems that it was seconded and passed. Mayor Ferre: You're for that, I assume. Mr. Messer: No, sir. I'm not. I'm requesting a rollback to the 1,200 feet that the Planning Department originally recommended, and that I thought was... Mayor Ferre: 12,00 versus 18 what? Mr. Messer; 12,00 versus 1,825 that I thought was in the 10(a) amendment that was handed out last time. Finally Mr. Mayor, we'd like to request that the programs be allowed to put signs on their building keeping under consideration the City of Miami requirements of I think it's 2 square foot sign in R-1 districts. But many of our funding sources require some kind of an indentification on the building. Thank you very much. Mr. Plummer: Let me ask a question. Is there any written document between you and your clients prohibiting their owning an automobile? Mr. Messer: Okay. I can't really respond to that, Mr. Plummer, because I'm not into the direct service business. I'm working with coordinating the different agencies that were... Mr. Plummer: You're making the recommendations, sir, so I assumed you were willing to discuss with it. Look, it's very simple. If you have 8 clients, I want to tell you, I'm not happy with 6. Okay? If you have 8 clients, you have the potential in an R-1 district, single fammly residents, of 8 automobiles of just the clients. Then you've got people working there, I assume one or two people. You've got the potential of 10 automobiles. Mr. Messer: Mr. Plummer, you're exactly right. I do need to point out, that they way the ordinance is written, they're talking about 6 occupants which includes staff. We're recommending that it be 8 occupants, which again includes staff, so you're talking about a maximum of 6 clients. And many of those clients, Mr. Plummer, don't drive. Many of them ¢on',t have automobiles, many of them are children. Mr. Plummer: The potential is there. Okay? Our ordinance presently states in an R-1, that you cannot have 5 unrelated people in a house. Okay? Now, you're -asking' me to allow 6. And now you're suggesting that it go to S. And I wand to tell you, absolutely not. Okay? Now, I'm not saying absolutely not, what I'm saying is that after a year if it's proven that there might be some latitude, I'll consider. But at this point, the answer is no. Mayor Ferre: Okay. Let's stove along now. Would the administration.... there are 4 points that were brought up. Point nuber one was an R-1 from 6 to 8, point nubber 2 is an R-2 from $ to 10, point number 3 is 1c" OQ JUL 2 3 1981 :fit: i Mayor Terre (continued): 1.200 feet versus 1.825, and point number 4 j was a 2 square foot sign. Mr. Plummer: Let me correct that, Mr. Mayor. Point number 3 is not 1,200 to 1,825. 1,825 Was a compromise between 1,200 and 2,500. Now, I want the same right to push back for the 25 if 1,825 is not going to be the compromise. Mayor Ferre: Do you want to address yourself to each one of those 4 issues? Quickly. Mr. Whipple: Point number 1, I'd just like to clarify what Mr•. Messer said. The department has no problem with accepting a total of 8 occupants which includes staff. We have no problem with the 10 in the R-2. Mayor Ferre: You have no problem with 10 in the R-2. Okay. Mr. Whipple: We originally recommended the 1,200. However, the Commission saw fit to go with the 1,800 which we accepted at the last meeting. It's up to the wisdom of this board at this time. There is absolutely no problem with the sign. The original ordinance said that there shall be no sign... Mayor Ferre: 2 foot sign is not... Mr. Whipple: ...and what we have done is dropped that provision. They would have to meet the sign regulations for an R-1, or R-2, or R-3 which in the case of R-1 or R-2 would allow a home occupation sign or identif icatin sign of 2 square feet. Mayor Ferre: Thank you. Are there any other speakers at this time? On items that have not been covered because I think we're moving along pretty quick now. Ms. Marsha Whelan: I realize that you want to move along pretty quickly, and I have prepared a very nice speech, but I just want to let you know that I'm here representing the Board of Directors of the Association for Retarded Citizens. And we are in... Mr. Ongie: Your name, please. Ms. Whelan: My name is Marsha Whelan and my address is 9859 N.W. 4th Terrace, in Miami. And we believe that this would be a great step for the mentally retarded and we hope you support it. Mayor Ferre: Thank you, ma'am. Plese do not give us redundant statements. If its been said before, don't repeat it. Sir? Mr. Doug Keilhouse: My name is Doug Keilhouse and I'm with the Department of Health and Rehabilitative Services and if you don't want redundant statements, the statement to simply that we support what Ms. Whelan and Mr. Messer said. Mayor Ferre: Thank you, air. Yes, ma'am. Mrs. Betty Beckwith: Thank you, I'll do the same. My name is Betty Beckwith. I'm the Director of the the Community Organization Unit and Department of Elderly Services Division of Dade County. And we too would like to say that we are in favor with the proposals that Mike Messer has said. Thank you very much. Mayor Ferre: Thank you. Mrs. Frazier. Mrs. Eufala Frazier: Yea. I'm Eufala Frazier and I would just like to say that I am for the ordinance. But the current ordinance is restricted and I don't see what it would allow any small group homes, really, out in the community, especially in the Liberty City and the Model City area. When it limits the resident to 6 because if you have a family there... Ion JUL y 31981 Mayon terra: Sufalat it's already.. you know, they're recommending it. I don't know What the rest of the Commission is ... I'm for it. He says We okay. We're going from 6 to 8 and from 8 to 10 in R-2. Do you have a problem with that? Mrs. Frazier: go. I don't have a problem. Mayor Ferro: You're in favor of that. Okay. What else do you have to tell us Mrs. Frazier: That's all. Mayor Ferre: Anything else? Mr. Whipple: May I just add one comment, Mr. Mayor? I'd like to remind the Commission that this is under conditional use approval which does require review and hearing. Mayor Ferre: Okay. All right, now, as I understand this, this is the second reading and the ordinance would be on second reading, and it would stipulate the following conditions as previously read if they're acceptable to the former maker of the motion and the seconder of the motion. And that is in the R-1 classification from 6 to 8 occupants, total occupants. Father Gibson: Mr. Mayor... Mr. Plummer: No, no. That's not what we voted on the first time. Mayor Ferre: You can amend a motion, an ordinance. Father Gibson: Mr. Mayor, let me say this. Mr. Mayor, as the maker of the motion, I don't plan to change my numbers. Let me tell you, so that you don't go out here, you know, as you usually do, mad as the devil. We, of the City of Miami, have more of these places than any other municipality. Don't tell me no. The record is clear. I think we're bending our backs. Mayor Ferre: All right, you're heard the maker of the motion is staying with the motion as it's written in the ordinance. The only change, I would imagine then, has to do with the sign. You don't have any problem with that, do you? Father Gibson: I have no problem with the sign. Anybody have a problem with the sign? Mr. Plummer: No. Mayor Ferre: Otherwise, it stays the same as the ordinance is written. Mr. Whipple: Not as suggested before you this evening. Mayor Ferre% No, no. As we voted upon it before, Mr. Whipple. Father Gibson made the motion, Mr. Lacasa seconded and it passed by 3 votes. This is the second hearing and this is...he's moving his motion the way he move4 it last time. The only change is the sign. Because I thought... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: The feet is already in there. It's 1,825. Father Gibson: I made a motion of 1,800, over 25. Now, if you don't want that, stand up there and tell me so I could do differently. I'll do differently. I'll go back to the 2,500. You know... Mr. Whipple: Mr. Mayor, I think there might be some confusion. Mayor 8erre: What's the confusion? JUL 23 1981 0 Mr. Whipple: Suggestions as to changing the numbers. And I think you're saying, or... Mayor Feire: Father is saying. He made the motion. Mr. Whipple% That the numbers should of be changed from what was passed on first reading except for the sign provision. Is that what you're saying? Father Gibson: Right. That's correct. . Mayor Ferre: That's what I understood. Mr. Whipple: We're not going to move from 6 to 8, we're not going to move from 6 to 10. Mayor Ferre: That's correct. Father Gibson: That's correct. Mr. Whipple: I believe the people didn't understand what was being moved, air. Father Gibson: Let me say this. One thing is sure, there's no misunderstanding with me. I know what I have made the motion on, and I tell you what, I'm not going to change. If anything, I'm going to vote to send them back without it. Mr. Whipple: Father, I was just trying to clarify it so everybody understood. Mayor Ferre: The motion is as it stands with only one exception and that is that they can put up signs according to the proviso in that particular classification. All right, is that clear, Father Gibson? Father Gibson: Yes, sir. Mayor Ferre: Do you move it again that way? Father Gibson: I move it that way. Mayor Ferre: Does the seconder second it that way? UNIDENTIFIED SPEAKER: May I reply to your question before you take a vote? If I had my choice, which I didn't know I had at the beginning, I would go for 2,000 feet because bascially, as I've stated before, I now live in an area with one City square block with 4 houses in it, 2 right next to each other, one one block away, the other 2 blocks the other way. So, if I had my wish, it would be 2,000 not 1,825. Mayor Ferre: Further discussion? Call the roll, please. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY MAKING AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 6871 PERTAINING TO COMMUNITY BASED RESIDENTIAL FACILITIES BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE N0. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE f Passed on ito first reading by title at the meeting of June 25, 1981 was taken up for its second and final reading by title and adoption. On notion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 9304 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. 95. PUBLIC HEARING:. VACATION AND CLOSURE OF RICE STREET (FLAYFAIR III) RESOLUTION GRANTED SUBJECT TO SUB14ISSIOII OF VOLUNTARY COVE14AIlT Mayor Ferre: All right, take up item number 11, I guess is the next one. It's after 9:00 o'clock. Is Mr. Garfield and Mr. Treister here? All right. Are we ready? This is an application by Joseph Garfield and Kenneth Treister for the vacation and closure of Rice Street between Florida and Grand? Avenue as per tentative plat, 1129, Mayfair Subdivision. The Planning Department recommended this, and the Zoning Board recommended it with conditions on a 5-1 vote. There were 3 objectors by mail and 19 objectors present at the Zoning Board meeting. Would the objectors raise their hands please. Those that are against. I count about 24, maybe 25. How many of you need to speak tonight. flow many of you wish to be heard, absolutely have to be heard? Do I see Margery Stoneham Douglas back there? I do. Well, we're honored to have her here and we're going to take her up first. I see...all right, does anybody need to speak more than 3 minutes. There are about 15 speakers. That will keep us here close to an hour. Okay. Counselor, how long do you need to make your presentation? Mr. Robert Traurig: Mr. Mayor, in addition to the basic presentation which I'll make introducing the subject, we have Mr. Garfield, Mr. Treister, Mr. Welly Hawks from Greiner Engineering and a number of the citizens, residents, business people of the Grove. And I would say that the total amount of our presentation may not...well, it will probably be about 30 minutes. Mayor Ferre: Okay. If they get 45, it's certainly fair that you get as much as they do. So if you will keep a running total, we'll keep it even on both sides. Okay. You can begin, and then we'll let ... Margery Stoneham Douglas is here. and I hate to abuse here time. Would you like to speak first, Mrs. Douglas, and leave, or would you wait? Ask her if she wishes to be heard first? She will wait. All right. Why don't you go ahead, Bob. Mr. Traurig: Thank you. We're honored to have Mrs. Douglas here and... Father Gibson: Put on your mike. - 1 I JUL 231981 Mr, Traurig% Can you hear me? I guess I have to speak into it. My name is Robert H. Traurig. I'm an attorney at law, with offices at 1401 Brickell Avenue. And I very proudly represent Mr. Joseph Garfield and Mr. Kenneth Treister who have made such a great contribution to Coconut Grove. I think that everyone knows them. They have built the Office in the Grove, they've built Mayfair, and they have set a new tone for development in Coconut Grave. At the present time, they are strong proponents of the vacation and the closure of that part of Rice Street between Florida Avenue and Grand Avenue except for the entrance to the parking structure which will be off of Rice Street in this location. Basically, our presentation will include Mr. Joseph Garfield who will deliver to you some letters which he has gotten from Grove merchants .and Grove residents. Mr. Treister, who will describe in some detail exactly what is being proposed, who worked on this plan with Mr. Antonio Cantilla. Mr. Wally Hawks, whom I have mentioned earlier, who is here from Greiner Engineering with Tom Marsacano who has worked on this project rather extensively. And there are other members of the Grove Chamber. We're delighted that we have some people here tonight to speak to you on behalf of the project who at the Zoning Board opposed the project, including two of the outstanding people in the Grove, Joanne Holzhauser and Dale Mobley, both of whom had urged that the Zoning Board deny this application. So we have a very strong support from people within Coconut Grove, nothwithstanding the fact that you noted that there were a number of people from the Grove who are here to speak against the project. I would like first, before talking about the project, to give you a series of petitions to you signed by a number of people who are either residents or business people in the Grove. We understand that petitions and letters are often received on both sides. We only give them to you to demonstrate that there are strong supporters for this proposal. Basically, what we are here to suggest to you is that Phase III of the development of Mayfair include the area which is now that portion of Rice Street lying between Florida Avenue and Grand Avenue. This is the development plan of Mayfair. Mayfair initially was developed with this complex that's shown in yellow. That lies between Florida Avenue on the North, Mary Street on the East, Grand Avenue on the South, and the East boundary line is this and that portion between our present cast boundary line and Rice Street have been occupied by the laundromat which lies here on Grand Avenue, and the Country Store. I think it's worthy to note that these outstanding residents of Coconut Grove in order to expand the services of Mayfair have gone to very substantial expense to purchase the Country Store, and to purchase the laundromat, which will be torn down in the near future in order to accomodate a portion of the new development. They previously had purchased this are in green which they have developed as a parking structure with some minor commercial, and that's on the West side of Rice Street, just North of Grand Avenue. And in addition, they have purchased most of the Western block. That is that portion that's not in green. And that includes the Winn Dixie Store. And at the expiration of the Winn Dixie Lease, when they're in a position to demolish that structure, they will then have the additional Western block that lies between Florida Avenue on the North and Grand on the South and between Rice Street on the East, and Virginia �on the West. 1*9&.-- will afford them the opportunity to complete thdir development. And that new development will include a department store where the present Country Store and laudromat are located and some other shops. And in addition, a small hotel and they will then be in a position to offer an extraordinary complex of commercial, residential, and other community facilities, part of which will be included within this new development, including a small theater for the utilization of those theater groups in Coconut Grove who have been looking for new theater facilities. One of the policies that have been advocated by the proponents of growth in the commercial area of Coconut Grove is that there be some waking streets. And that was a policy advocated by the Coconut Grove study which urged that there be a pedestrian street or a series of pedestrian streets in the C2A district. We think we now have the opportunity*to create such an outstanding new feature in Coconut Grove. It's the purpose of this road closure to do that, to accomplish that. And as Mr. Treister will describe to you, that will include a scenic pedestrian plaza and mall, with flowers and plants, 193 .���� �? ��6t Mr. Traurig (continued): and fountains and benches, and brick sidewalks, and a decorative street lighting, and it all will be accomplished at private expense, and not at public expense. And obviously, that's something which the people of Coconut Grove have long advocated by the Coconut Grove Study. We feel it will enhance the general ambiance of the area, and encourage pedestrian flow throughout the Grove, and particularly will contribute toward the unification of the Grove business district. And that's a very key thing in this presentation because we believe that there are presently two different aspects of the Coconut Grove business district, the downtown business district of Coconut Grove, with Main Highway and Commodore Place and Fuller Street being one anchor, and with Mary Street and Oak Avenue being the othex anchor, -and with Mayfair in between. And what this will accomplish is to link the two together through the utilization of a pedestrian street where people will be able to flow, the pedestrian traffic will be able to flow from the North to the South anchors of the Coconut Grove buiness district. This is not the taking of a street. This is merely the conversion of right of way to a pedestrian use. And we feel that that is in the best interest of Coconut Grove. Now, we know that traffic issues will be discussed here tonight. And we anticipated that a number of issues would be raised and we' like to point out to you that when, assuming that this Commission agrees with the Planning Department and the Zoning Board, this street is closed, the relocation of the utilities all would be accomplished at Mayfair's expense. The property owner, in addition, would be responsible for the future repairs of that area. They would relocate the gas lines and the other utility lines around the fountains, etc. and they would care for all of that with the kind of care which property owners who benefit from a favorable ambiance, a favorable enviornment generally care for their properties. In addition, we recognize that there would be a considerable concern over whether or not the closure of Rice Street would adversly impact the overall traffic flow in Coconut Grove. And therefore, we employed one of Florida's outstanding traffic engineering firms to study the effect of the street closure. We selected Greiner Engineering. I think it's very important to know that Greiner did all of the major Downtown Taffic improvements when I-95 and the I-95 connection were built. They are presently studying the Rickenbacker Causeway. They did the Rickenbacker Causeway initially. They did the Homestead Extension to the Florida Turnpike. Those are just a few of the very outstanding traffic contributions which had been made by the Greiner Company. So we asked Mr. Wallace Hawks and Mr. Tom Marsacano to join us tonight to make a presentation to you as to what the traffic situation is and how it could be corrected if there are any deficiencies. In addition, we know that in the recommendations to you, the Dade County Department of Traffic and Transportation made some recommendations regarding the widening of Mary Street at the Grand Avenue intersection, the installation of certain additional graphics identifying the area, etc. We think it's very important that you hear from those traffic consultants to talk about that. Before doing so, though, I would like to tell you that we are well aware of the fact that a lot of people come to you, make `promises to accomplish certain things, you don't have anything on which you can rely, and sometime, they don't carry out their promises. I think that it's very demonstrable through Office in the Grove and Mayfair and Yacht Harbor, that the kind of promises that have been made by Messers. Garfield and Treister have been carried out. But in addition, we have already delivered to your City Attorney a covenant running with the land, in which all of the promises we're talking about tonight have been provided for in very specific terms. For example, paragraph one says that Mayfair, at its sole cost and expense, shall improve the street so that upon completion of such work, the improvement shall conform to the specific plan that's attached to it. That's the plan thats been worked on with your Planning Department, has been submitted to your Planning Department. I think Mr. Lufr tan t4lk to you about the very extensive work of coordination thats occurred between the developers and your City Planning Department. We've also provided in paragraph two that after completion of the improvements at our cost and expense, we will maintain and repair the street in whatever manner is reasonable, in keeping with the nature of such a public area with the surrounding neighborhood. We've provided also that 'the street shall be open at all times 194 JUL 231981 We have provided also that the street shall be open at all tithes for the use and enjoyment of the public and we have pro- vided also for the relocation of the utility easements, etc. We have also provided that from time to time as the circumstances require and as the City might suggest we are prepared to make such other design modifications as would further improve the plan and enhance the general atmosphere of the area. We have also provided in paragraph 5 for the installation of the_traffic signalization at Mary Street and Grand Avenue because we recog- nize that not our traffic but the traffic which presently utilizes Coconut Grove as a through area to go from downtown Miami to areas south of here have impacted that area from time to time and that a traffic signal is called for and we at our expense, and that's about $40,000, would install that traffic signal. We have also provided for the widening of Mary Street at the intersection of Grand Avenue and for the relocation of side- walks and the reconstruction of sidewalks, etc. Basically, what we're saying to you is that we have given you a convenant which can be enforced by the City by which we have committed ourselves and the future owners of this complex to all of these improvements that we talk about. At this tin+ I'd like to call on Mr. Garfield who has identified himself not only as a property owner in Coconut Grove but as a resident of Coconut Grove and he would tell you of the people whom he has spoken to who have urged you by letter to support this proposal so I would call on Mr. Joseph Garfield. Mr. Joseph Garfield: My name is Joseph Garfield, I'm a member of the firm of Treister and Garfield and I'm one of the petitioners who feel that the changinf of Rice Street from a vehicular street to a pedestrian street is one that places people on a par with cars and at this time I'd like to submit to you the various letters of approval and commodation for our efforts in this behalf. Mr. Traurig: I'd like now before Mr. Treister speaks to call on Mr. Val - lace Hawkes to describe the traffic situation but I would like you also to know that the Dade County Department of Traffic and Transportation is represented here by Mr. Kevin Mc Naughton who is the Director of Operations of the Dade County Department of Traffic and Transportation. He confirms !' our conclusions and he is here to answer any questions which you may have with regard to this situation. Mayor Ferre: Okay. Mr. Kevin Mc Naughton: Mr. Mayor and Council, the time is short and you all are tired so I'll keep this to about two minutes. As a traffic con- sultant for the State DOT working on DuPont Plaza I can tell you this job was a piece of cake compared to that one. We have undertaken a detailed traffic study of the area, as you can see from the map there or map here Rice -Street was almost a traffic accident. it is only two blocks long and about the only reason you'd be on it would be to go to the Mayfair Parking Garage. The peak hour traffic volume that we recorded using videotape surveilance equipment indicate a peak hour of 187 vehicles, most of which are going to the parking garage. This is approximately 3 cars a minute. The diversion of that traffic to the adjacent streets still leaves about a 50% capacity cushion on the adjacent streets after Rice Street were closed. Many of the issues that we looked at include, of course, there is other development proposed ip the Grove and other development not proposed will take place. We project a future traffic, assuming continued develop - vent in the Grove to make sure we had adequate capacity, we looked at the effects of season traffiq as well as peak hour and peak day traffic. we looked at the situation with respect to Virginia Avenue, I know that has been controversial, we studied it both with Virginia Avenue remaining one way or if it were converted back to two way, we found that this closing of Rice Street and the minor traffic diversion in no way aggravated the problem any worse, that's a problem somewhat discretely from the Rice Street olpsure because we're dealing with such very very minor traffic volumes. The other issues that Mr. Traurig mentioned including am* cam- r mitteants on Mary Street would take care of a problem that already exists. , again, that problem was not coaypounded by the minor diversion frm the ; 195 JUL 2398a 9=11 amount of traffic that utilized Rice Street. So in conclusion, our studies found that the closing of Rice Street does not create or aggravate any traffic problem in t}te a0rea. Mr. Kenneth Treister: Mr. -Mayor and Commissioners, my name is Kenneth Treister, I live in Coconut Grove and I work in Coconut Grove, 3660 Batter- sea Road, I'm a neighbor of Marjorie Stoneman Douglas and love her even though occasionally we may,disagree. I don't know, Mayor, if you asked for the people for it to raise their hand but if everyone for it could raise their hand I would appreciate it. Mayor Ferre: Okay, all of you that are for it raise your hands. Now, I'll tell you because I'm going to be challenged in a moment so let me beat somebody to the punch. All of you that are for it that live in Coconut Grove raise your hands - live in Coconut Grove. Okay. Any part of the Grove. Okay, now, just so I don't get criticized Ken, and -we won't take this off your time, those of you that are against it raise your hands. Okay, those of you that live in the Grove and are against it raise your hands. Okay, now continue. Mr. Treister: Thank you, Mr. Mayor. (1) I'm very proud to be here, I want to try to simplify tta s not only for the City Commission but for the community. We want to do a very simple thing. We want to change a vehic- ular street to a pedestrian street. We want to leave it for the public, we want the public to enjoy it, we want to substitute brick for asphalt, weeds for 37 trees including I think 18 or 19 oak trees, people for cars. It is only in Coconut Grove in this great land that that would be a con- troversial issue and I really ask not just the people for us but the peo- ple against us to really think and try to listen to what we're saying because we want people instead of cars on one small street in Coconut Grove. The issues are will it affect traffic. Yes, it will but in a very very little way. How do we know? First, it's a two block street, it doesn't start or go any place, most of the customers come to Mayfair who use that street, not all of them. In life there are trade-offs. In this, any time you create in any great city in the world a shopping street, a people street, a pedestrian street you have to stop vehicular traffic. You try to do it where it will do the least harm so of all the streets in Coconut Grove, there may be a couple of others in the village center, this is the ideal place to put a pedestrian street. We're a tropic city, the village is a tropical village. It has boats, sailboats, trees, brick walks, it is charming and it is a walking place. But we can't sit back on our laurels, we've got to keep reinforcing the idea of a village, we've got to reinforce a shopping street. Now, we started with the Planning Depart- ment: and I'm proud to say that the Planning Department endorses this. We started even further with Jack Luft who is Mr. Coconut Grove Planner and he is darned good and he ip for us. Mr. Ongie: Ten minutes remaining. Mr. Treister: We went to the Zoning Board and they approved it 5 to one. They made a suggestion that we get community input along the process which we always want to do, we're live here, we're always going to be here, we're not just out of towners. We not only had community input on a daily basis with all kinds of groups, we met with the Chamber, we met with citizens, we met many many times but only in Coconut Grove dil we have community meeting, it was called originally by say the opposition, it was sponsored , by a very solid Chamber of Commerce, it had Herb Hiller, a Harvard grad- uate monitoring it, it was a perfect example of democracy in action, everybody was given a chance to speak, it was very well attended and every- body I think was illuminated, in fact, several people luckily for me anyway changed their mind at the end of that process of democracy. I was a little shocked tonight in the little rumors here that they were going to challenge the validity of that meeting, an adhoc community meeting that was in Neighbors, that was strictly ruled, but it was a fun meeting in a way and it accomplished a lot and maybe some people think that it wasn't fair but I don't know how else we could do it but have community meetings. Let me show you what we are going to do architecturally, I want to talk quickly that we have a lot of people that for a few seconds want to say something and they've waited late. Basically, gentlemen,'we're going to beautify Rice Street. We're going to keep the driveway here so they can use this garage, that being the public. We charge a $1.50 a day, it is cheaper than the parking meters on the street to park in Mayfair's garage, we did it for ourselves, we're doing this for ourselves. I want everyone to understand that we benefit. We tie our projects together, we beautify our neighborhood, we get Floor Area Ratio because of the land. We are doing that for ourselves but it 'JUL 233 also helps the community. The issue tonight is not whether it helps Mayfair and its merchants, the issue tonight is does it help Coconut Grove and the City of Miami and our visitors. Anybody that gets up tonight, and I've heard it now - this is give away, this is going to help the developers - I would love everybody in this room to be healthy wealthy and happy, I don't begrudge anybody that kind of feeling. If they can be healthy wealthy and happy and help their community like Marjorie does and Elizabeth Virrick and a lot of our friends here do that's great. What we are saying is judge this on its :writs, does Coconut Grove want a village with walking? Does it want a little street with shopping with trees and with brick paving? The rest of this is paved with brick, it has bicycle racks, it has benches, it has two city fountains, I say city fountains in the Spanish Colonial jargon, it has urns with flowers, it has oak trees which are the most beautiful trees when the mature for Coconut Grove, we continue the color of the sidewalk to blend in with the rest of the vill- age, we want to tie the village together, we don't want to divide it, we 1 donft want a north village and a south village, we want one village and we want people to walk from the Playhouse to Commodore Plaza to Mayfair, we want people to walk from Mayfair out on the street to the rest of the village. Any questions on this? It is a plan, by the way, that we not only went ourselves over, but with the Planning Department, it has now been put into a covenant, if you gentlemen see in your wisdom to approve this tomorrow morning the filing fee is paid, the City will file this covenant, this plan runs with the land, we're going to build it, we're going to maintain it and it belongs to the people, they're going to use it. Now someone said why don't we buy the land, and I don't want to re- write the City Charter but as I understand it when someone owns both sides of the land and if the City sees in their wisdom to abandon the street the property goes to the property owners. We are buying it in one way, we are putting up I don't know how much, I say $200,000, Jack Luft says a million to build it. We're going to maintain it in perpetuity so that means there is a yearly maintenance daily, we're going to secure it. -_ It will always be open 24 hours a day. So in a way our gift to the City — for getting this is a beautiful tree lined street - when I say beautiful it is only in my terminology, I'll only try as well as I can to do what we did at Mayfair and that is to try the best. So we're not talking about Virginia because Virginia is an issue in itself and I want to solve the Virginia problem. On Mary Street I want to solve it and we already offered, and in our covenant tomorrow will be filed a covenant saying that we're going to pay for a 3rd lane on Mary according to Public Works Plans, we also will do whatever it takes to make Mary Street Bettel but we have two ex- perts that say Rice Street doesn't affect Mary or Virginia. Greiner Assopiat,es and DOTT who have examined this are here tonight are for it. Here is what we have. We have the Planning Department, the Zoning Board and the Planners, DOTT, Greiner Associates, I won't talk, and one of famous or great .civic clubs in Coconut Grove may have something to say later, we have a lot of support and I can't believe that we would ever not go ahead with this kind of project and I would assume that everybody here tonight two years from now or three when it is finished, if we came in here and said let's tear down the trees, let's rip up the paving, let's take down the fountains, if there wouldn't be 10,000 people here saying save our street. So we implore you to allow us to help ourselves and help the village in building a walking street - no buildings on it, no use other than the public use. And with that I thank you. Mr. Traurig: Very quickly, we'll call on a few of our neighbors who would like to speak in favor of the proposal and the first person is Billy Rolle. Mr. Billy Rolle: Mayor Ferre, Commission, I was for the project and I'm for it with one or two stipulntionss that the beautiful project there, that we employ members from the neighborhing area which is within walking distrance in dignified employment even to car runners. We will say if we can help people working in jobs, we're employed there as the musicians but I might be something else there. If we could employ members from my community then this is the reason that I'm for it because while we build up this end and paint up the other end which means our end is dirty in two weeks, we need to sort of help that so we can help our end. Now I am for it if we can eugsloy even with the hotel maids who can walk from Williams Avenue to the hotel and make the money even to bus boys, bar- tenders, musicians and all this kind of thing. This is the reason now because if we're this close because ever since I have know the situation that my father worked down on Douglas, I've been in Coconut Grove 54 years, it was given and you ought to see the people from the Grove employed, this is the main thing. Thank you. 197 JUL 2 3 1981 i 7 ' Mr. Traurig: I'd like fof Joanne Holzhauser to speak for us and then if Mr. Gibbs and Mr. Mobley would follow we can move it along if I can call a couple of names at a time. Mrs. Joanne Holzhauser: I'm Joanne Holzhauser, I live at 4230 Ingraham Highway in Coconut Grove. When I appeared before I likened this to a rich Disney World and I found out when I read Neighbors that I said this sarcastically and I want being sarcastically, you know I don't see any- thing wrong with a rich Disney World. But one of the things I said was I wanted them to pay their own bills and Mr. Treister has satisfied me that he will, indeed, pay his own bills for this, he's not taking public property and giving nothing, he is using property that can be his legally whether :ye like it or not and he will be doing something nice with it. ,Mayor Ferret Only if we vote for it. Mrs. Holzhauser: I'm sorry, but I mean.... Am I forgiven? But I think that one of the things that persuaded me about this was in thinking about change and thinking about what little bit I know about, I guess about Zen and about the matter of giving energy to fighting something or using the energy to do something else and I think is a case in which we can't stop change in the Grove, I liked it when it was a sleepy little village, and it has changed and I've had a hand in that change and I'd like to continue having a hand in it in a way that helps all of us in the Grove. I think if we put our energy to this plan, if I can believe what Mr. Treister and his fellows in this have promised us, they want to work with us on a good plan. That's been something we've suffered about in the Grove for a long time, gentlemen, I offer you, I've sat on how many committees and spent I think now thousands of hours on traffic plans that have never really been done. Maybe this is our chance to do something truly good, maybe this is the catalyst that will make it work once and for all because I'll be down here screaming at you if Mr. Treister-isn't. This time let's work out a traffic plan for vehicles and pedestrians for that end of the Grove, let's work on some of the positive things, let's work on parking cars someplace else. I don't care whether we get the rickshaws that we had for was it a few months in the Grove, a round- towner of something like this but let's do something with the traffic plan and let's do something to utilize the parking that I didn't even know Mr. Treister had there until this came up, that's something that all of us have been yelling about and there's one other little thing I'd like to mention if I may, please, sir. I spent hundreds of hours down here arguing about Mr. Dean and Mr. Rice's project - Dr. Robertson project over here and the taking of public land and I would like to say that I don't think many of the people who are yelling about this - a few maybe - but most of them weren't down here yelling about public land being taken then so I hope people can understand that I say if I can agree to this kind of taking of public land I have certainly examined it as thoroughly as anybody in this room and I think it is to the benefit of us to do this plan. Thank you very much. Mayor Ferre: Thank you. All right, now how much time have they taken so far? Mr. Ongie: Thirty-two minutes. Mayor Ferre: All right, now the other side there are 15 speakers and I said 3 minutes so I'm trying to keep it balanced. So if you go on a little bit more.... Mr. Traurig: I think 15 minutes will do it real fast. Mayor Ferre: Okay, but please tighten it up now. Mr. Traurig: I would just like to say for those of you who haven't noticed ( that we put up this exhibit, this shows you what the street will be like, { We're really not taking that, we're merely converting it into a pedestrianway. Mr. Tucker Gibbs: My name is Zucker Gibbs, I'm the President of the Coconut Grove Civic Club, I live in Coconut Grove at 3820 Bayside Court and I have very little to add except the Civic Club Board of Directors has voted to agree with this proposal. The whole idea of Coconut Grove as a pedestrian village is what we've been working for for years and years. Thank you. 1 Mayor Ferre: I don't really mean to be in any way sarcastic but I'm almost i. 198 �- r JUL 2� I in shock to see you and Joanne here in agreement, you're usually here in opposition to everything. Mr. Gibbs: Well, change is good for everybody on occasion. Mr. Traurig: This is Dale Mobley, everyone knows Dale. Mr. Dale Mobley: Mr. Mayor and Commissioners, I know this is going to come as a shock, first of all not to be left out I was asked to present this letter for Mr. Charles Gottlieb who I'm sure you all know, his son is here but he couldn't make it tonight, in support of this and he is a long time Grove investor so let me present this. I'll be as brief as possible. I'm Allen Dale Mobley of 3300, 3315, 3333 Rice Street, the remainder of Rice Street even after it is closed that Mr. Treister doesn't own. I think some of the people are going to be very surprised that I'm here to withdraw my apposition to this proposal. I would like to advise you that second only maybe to Mr. Treister's staff and the City's staff I've put consider- able time in considering this. I would suggest that at first I was very apprehensive of the plan and I felt that my interest and my father's inter- est might suffer undue hardship if the street were closed. Pursuant to reviewing this I retained Mr. Joseph Rice who was hired by the City to do the Coconut Grove Traffic Study which I believe you adopted last year. He has met with the Department of Transportation and the Greiner people as everybody else that has been involved with this, they've all been very helpful and communicative and Mr. Rice has advised me that the convenants and stipulations that Mr. Treister and Mr. Traurig are willing to make as part and parcel of this application should be very reasonably sufficient to ensure that there will not be any undue adverse affect. Like I say, I think that I was originally against this plan, I gave it a long and very careful consideration and after spending time with Mr. Luft, I have spoken with Mr. Whipple and Mr. Campbell of the City's staff and with Mr. Treister and some of his advisors, I think now that any of my previous objections that were expressed at the Zoning Board have been met, I think that Mr. Treister and Mr. Garfield are exhibiting good faith in their offers to correct some of the problems on Mary Street and having been in the area all of my life I find it kind of interesting that there are a lot of people that want to come to the aide of Rice Street, I don't know where they've been all these years but that kind of a petty backhand comment, but I would urge you to consider this and recommend approval along with the stipulations that Mr. Treister is offering. That is all I have to say, thank you very much. Mr. Traurig: Very quickly, Lorraine Prince and then Phyllis Gross and David Block. Mayor Ferre: Well, you'd better start winding it up because I think your time is getting there. Mr. Traurig: We don't want to prevent anybody from speaking but if we've run out of time, Mr. Mayor, you just tell us, we'd like also to call on John Monahan and Sashi and anyone else who wants to speak but we'll quit. Mayor Ferre: You've got about 8 minutes left and I'm going to hold you to it. Mr. Traurig: No one will take more than 2 minutes. Ms. Lorraine Prince: I'm Lorraine Prince, and as you know, Mr. Treister was involved with the beautification of the Grove with me and another group of people and this now is the crowning touch. I always felt there was something missing here so I'm calling this the missing link for me because his plans are beautiful, everything he has done is perfect and I think that we owe them a debt of gratitude especially since Mr. Treister was working on the program with me for over a year and devoted a great deal of time and he was most helpful. So I just want to tell you that I think it is just wonderful for us to have this missing link and hope that it will go through for him. Thank you. Mr. David Block: Mr. Mayor, my'name is David Block, I both live and work in Coconut Grove and I feel this is a worthwhile project. I was in Guada- lajara, Mexico several months ago. Guadalajara is about the same site as Miami with a similar city to Coconut Grove called Loxipoxi outside the City. The main street in Loxipoxi was closed off to vehicular traffic and it has attracted people from all over Mexico and the United States and other partq of the western heere. And I know I myself walked (�l� lilt r �.� down the streets of Loxipoxi and after going through the walking street I went around to the vehicular streets figuring I'd get a better deal on the stuff I bought there but I think that the success of that area which is almost a carbon copy of the Grove Would be repeated here with the streets closed and as a matter of fact I think in the future maybe Commodore Plaza could be closed to create more walking area for the merchants in the Com- modore Plaza area, maybe have 32nd Avenue continued through to Franklin and circle that way so that that part of the Grove can participate in the same sort of feeling that Kenny is producing here in this beautiful closure. Thank you. Mayor Ferret Do you see what you started now? Ms. Phyllis Gross: My name is Phyllis Gross and I have lived on S. Bayshore Drive at 2655 S. Bayshore for 4 years and 2901 S. Bayshore for 4-years and I am constantly delighted and thrilled with all the outstanding things that Mr. Garfield and Mr. Treister have done to make this City and make Coconut Grove the greatest place to live and I'm behind them 100%. Mr. Charles Hadley: Mr. Chairman and Commissioners, and I should say friends, I'm here for another matter but when I think of Coconut Grove one of the most beautiful places in Dade County, I come into this area and bring my friends and I do frequent this place quite a bit, it is one of my favorite and I hope it is one of your favorites. It has done so much, you have done so much to make Coconut Grove - you call it the village - you've done so much to make it what it is today. You haven't just stood still there, you have made it move forward and with the backing of business friends like you have here, my friend, I'm sure that people from all over the country, as I have taken then into Coconut Grove as friends of mine I can't miss anytime when they come to town without going there and enjoying this place and teh Grove with all the beautiful homes and streets they have there in the Grove. And I want to say to you, Father, that you have done a great job in bringing up too the other part of the Grove. And this is what I have to say to you, Mr. Mayor and the rest of the Commissioners, I know anything you're going to do you're going to make some mighty happy and you're going to make some- body sad. Christ was here for 30 some years and he made many of them angry and that's the reason he's dead. But I think if you go along with these people....... Ms. Sanchi (?) Wagner: My name is Sanchi Wagner. I am a licensed appraiser, lecturer and dealer is oriental fine arts. My business has been located in Coconut Grove for 10 years and I have a unique position of having a business both on the 3rd floor of Mayfair named the Dorey and I also have a business, I Ching Oriental Art which is on Grand Avenue which is across from the area _ in the central portion of the Grove and I feel it would be a tremendous con- tribution for the traffic flow, the pedestrian flow because I in my second- ary location frankly am starved for walk-in traffic, nobody wants to move in that direction anymore, I think it would help the remainder of the Grove and I'm interested in it for basically both of my.businesses and I also think that there is another added attraction and that is maintaining the security _ of the area, I think that Mayfair does a wonderful job as far as their own private security forces and I think once the development of Winn Dixie I think that we'll be able to have people back out on the streets again who have been concerned in the past. Thank you. Mr. John Monahan: Mr. Mayor and members of the Commission, my name is John Monahan, I live at the corner of Bayshore Drive and Mary Street. I am very mush in favor of this, I'm acquainted with pedestrian malls in other cities and they are very popular places and I think this will be popular even with many of the people that are now about to object. I personally believe that a neighborhood must either progress or it is going to decline and to do nothing is to let it decline. I think this is a very progressive step, I urge its approval. Thank you. Mr. Traurig: Mr. Mayor, wo have a lot of other speakers but I think it would be unfair to call them because you've already indicated that we have run out of time. Mr. Lang Wolfson wanted to address you, perhaps later on we might have some opportunity to have some others approach you. Mayor Ferret I hope not. Mr. Traurig: I think you get the picture, thank you very much. Mayor Ferret Now, on the opposition, how much time did they take? 200 JUL 23 1981 0 4W Mr. Ongies Altogether 44's minutes. Mayor Ferret All right, you've got 45 minutes so divide your time any way you want, I would recommend that you each take 3 minutes, if somebody wants to concede part of his time to the next one that's all right with me. Let's get going. I would like to extend the courtesy first of all to a great Miamian, I personally think a,great American and that is Marjorie Stowman Douglas and if she wishes to lead off we're happy, I'm always happy to hear her. Mrs. Marjorie S. Douglas: Mr. Mayor and City Commissioners, my name is Marjorie Stowman Douglas. I live at 3744 Stewart Avenue, Coconut Grove and I am probably the oldest living inhabitant. I've heard so much of this kind of thing all my life that I really feel quite at home. I think that we're just doing the way we always do, we do a lot of talking and we talk a lot of pretty pictures and then we give away our shirts. I am unalter- ably opposed to giving Rice Street by the City to a private institution. I was interested just now in the gentleman who said they should do things about Commodore Plaza. Do you mean they're going to give Commodore Plaza to the merchants along the street? Do you mean that? Do you mean you're going to give away public valuable public property to private interests? Now listen, you've heard some very pretty pictures. Mr. Treister is a man with great charm and great ability. He has had this idea for a long time and he is so excited and thrilled about it that it is perfectly wonderful. But why do you have to give Rice Street to them in order to have all these lovely -effects? Why do you have to give away the land? That's very val- uable property. It has been said that that was almost a million dollars. Do you mean to say you're going to sit here and give away valuable property which belongs to the public because everybody says they're going to put trees in it and they're going to do this and they're going to do that? Well, maybe they will but that is going to do them a lot of good but you know if you give away that property they can do anything with it they want to. They can ring the buildings on each side to the line of the street, they can roof it over, they can do anything, and while they don't want to and they say they we would never do anything that wouldn't be nice still why do they want you to give them the property? I think this is asking too much. I think we all love all kinds of things to happen in Coconut Grove, we'd love to walk around on a walkway, they talk the walkways they have seen in Latin American and in South America, I was in South America last fall myself and I saw many very nice walkways but listen, they still belong to the cities, they were not given to the merchants who were on each side and they certainly were not given to one corporation that owns all the abutting property. Now, I don't see why you have to give Rice Street to these people in order to have them go ahead with many of their very handsome plans. Why shouldn't they spend their own money to make a lot of these improvements without being given Rice Street? What is the point of giving them Rice Street. You know that is going to be very grave- ly criticized, public officials who give away public property are very gravely criticized. That has been the fault in the State of Florida as long as I can remember and long before. We were always giving away public property to people who painted a lot of pretty pictures. Now, some of those pretty pictures were carried out and many of them were not but why do you have to give away public property? That is what those of us who are in opposition - I think Mr. Treister is a very nice man, he is a neigh- bor of mine, I have enjoyed his hospitality, but why does he want you to give him Rice Street? Why can't he go ahead with his plans without that? They did Mayfair without asking for Grand Avenue or Mary Street or all that, why do they have to have Rice Street? I don't see why it couldn't be made into a pedestrian mall without giving it to them and you can all go and walk on it, that is if you want to. I don't think any of you people are going to walk on it very much and even if they said on Friday at 3:30 on such and such a date Mayor Ferre and Father Gibson and Mr. Treister are going to be seen walking down Rice Street hand in hand I don't particularly want to go and see them walk there, I mean that's all right, I've never walked much on Rice Street and who else has. I mean after all, the only value to be walking on Rice Street is if you're going into the stores on each side, that's why they want you to give them the street, so they will have stores on each side and people will go in them, that's all right, I'm all for stores but I can't afford the kind of stores they have in Mayfair, the store I like is the 5 & 10 but I haven't heard you trying to give them Grand Avenue. You know the 5 & 10 is the most valuable store se've got. I get lovely hats there and I know people who buy shoes there but you don't want to give them Grand Avenue, t,�igy,' a perfectly happy the way they are. aU J` ► r• r 1981 r; We don't want to give the people on Commodore plaza, you don't want to give them the land of the street, that's silly. Now listen to me, don't be taken in by all of this talk, it does not all depend on your giving them Rice Street. Let them go ahead with their plans, they've got lovely plans, they have lots of money, they're rich people. Their stores are all full of things that as I said I couldn't possibly afford. So I am here, if I am the only one in this room who is against this plan I am happy to be here and say now look, don't give away our public property to private inter- ests. That's what's happening in the United States of America, they're trying to give away the national parks to private interests, they're try- ing to give away a lot of stuff to private interests. Well, for heavens sakes don't do it in Coconut Grove, let's keep Rice Street at least belong- ing to the City and let them walk on it all they want to. I'll go hand in hand with Father Gibson and the Mayor and everybody else if you'll keep it as Rice Street which belongs to the City of Miami. That is what I'm here to say and I've said it and I hope that you will realize that this is no time to give away public property. Thank you very much. Mayor Ferre: How much time was that, please? Seven minutes. Al?. right, would you tell each speaker when 3 minutes are up so that they'll know? Go ahead. Mr. Ronald Strauss : Mr. Mayor and members of the Commission, my name is Ronald Strauss I have the last remaining bastion on Mary Street that is not owned by Mr. Treister or Mr. Garfield, you'll see on the map the white area in the middle of the blue, that is 3370 Mary Street, it's a law firm, I'm here on behalf of myself and my partner Shelby Highsmith as a protester to the further give away or public donation of public property as the prev- ious speaker has indicated to a private developer. Let me review the basic issue. The basic issue is not putting in 37 oak trees, not putting in some cinder blocks and some fountains, the basic issue is a multi -million give away of public property supported by public taxes to Mr. Treister who can well afford to buy it. There was a member of the balck community that spoke, or two, that suggested this would be a good idea because it would employ various people in the Coconut Grove area. Let me suggest as an alternative that this Commission offer Mr. Treister the land for $1,000,000, he buys it for $1,000,000 and $1,000,000 is donated to the black community to improve their area. He can well afford it and the black community could use the money. Interesting enough, they, of course, obtained a traffic study. They obtained it unfortunately in the summer and, of course, there are not as many cars in the summer as compared to the winter so you can hire experts that come to Dade County to study traffic in the summer and you're giving away snow in the winter time and as far as their opinion is concerned their opinion is snow in the winter time. Let's go to the pre - Mayfair area before Mayfair was constructed. The previous owners of 3370 Mary Street had an abutting area known as a private alleyway. If you look on the map and you see numbers 3 and 4, they're private ways, it cannot be closed without the common consent of all property owners. You'll note in the Mayfair area adjacent to 3370, the white area, there is not any more designated on the land of the city plats a private way, the reason being Mr. Treister signed an agreement with those owners prior to me to close that private alleyway and in turn to give them unlimited parking in his under- ground facilities to be built. His promises were well kept, the lawsuit is Case #78-664, I'll file a copy with the City. I think that step 1 should be the evaluation of that property. Mr. Treister bought the laundro- mat for $1,200,000 and that is a small piece of land compared with that City street. Now, if we want to talk about a give away, that City street is about $2,000,000 and if the City decides in their sound discretion that Mr. Treister should have it for what he wants to do that's fine, the price is an appraised value by the City appraiser and then he buys it and it is donated to the Coconut Grove citizens for their use not for Mr. Treister's use and benefit. Let me just even mention in passing that even the President of the United States for inappropriate action has been held civilly liable and as an attorney I suggest that the give away of public land for the few, for Mr. Treister and Mr. Garfield is inappropriate and I think challengeable in court and I would be the first to step forward. Mr. Angie: Sir, your three minutes are up. Mr. Strauss Let me just conclude and merely may that there was a com m- ity meeting and since I happen to be the only last property owner in the Grove #1 I wasn't invited, I guess I'm not a member of the community. M M Mayor Ferret Next speaker. on 11��JJ�Frr WUL 2 3 1981 s Mr. Fred Depues My name is Fred DePue, I have an office in Coconut Grove at 3462 Main Highway and have had it for 21 years and I have lived in Coconut Grove, I presently live at 2190 Tigertail and I have lived there for 10 years. I would like to answer Majorie Stoneman Douglas's question of why. I would like to ask the proponents, if it is possible, why we haven't heard about Floor Area Ratio in this discussion as was brought up before the Planning and Zoning Board. At the opening remarks of Mr., Traurig, he indicated that they weren't asking for the street, they did not want to own the street, later the record had to be corrected by Mr. Whipple to say the system is if we give you, if the street is closed for vehicular traffic you will own it, you will benefit by the Floor Area Ratio and I found out today as Mrs. Douglas suggested that buildings can come to the curb limit of the two properties that have recently been purchased, the laundromat and the Countrystore Restaurant. We have heard tonight that Mr. Treister is going to put in 37 or 38 trees, for those of you who know that corner as well as I do, I went by today to take a look. There are 7 oak trees that I would guess are well over 75 years old. You have not heard that Mr. Treister plans to save those 7 oak trees, I wonder we haven't heard? I suspect it is because the building is going to come to the curb because he is given that property and there are no restrictions to setbacks involved in this what is termed a give away and I have to agree that it is a tremendous give away. I want to talk about the community input. On Tuesday night the Chamber of Commerce spent two and a half hours at a meeting where 63 citizens who took their private personal time, at the end of the meeting no vote was taken despite the fact that we made an effort. The vote that was taken was by 8 board of director of members of the Chamber of Commerce. A meeting has been = held recently since this conflict has been brought to the public, a meet- ing of the entire general membership of the Coconut Grove Chamber of Com- merce and the officers of that organization did not feel apparently a necessity to even discuss it. I find that extremely strange. I thank you for your time. Mayor Ferre: All right, next speaker. Mr. David Tackett: Mr. Mayor and Commissioners, my name is David Tackett. I live at 2490 S. W. 23rd Street, I own and operate a business on Main Highway in Coconut Grove, I have for five years. I have been involved with this project on the community interest end since the beginning of the community interest end which was on July 2nd. This is a project that has apparently been on -going for six to eight months. The approach was made to the Chamber of Commerce at an organizational meeting on July 2nd, they were asked to come up with a decision by July 6th at the end of a July 4th weekend. On that same day the letter from the Zoning Depart- metn came in and a decision from the Zoning Board was asked that very night. There had been three emergency meetings of the Chamber Board of Directors, there has been nq meeting with any of the members of the Cham- ber, there has been no valid community input. That was a requirement of the Zoning Board to pass it along to this City Commission. Their first statement was the Planning Department approval and in a discussion with Mr. Jack Luft earlier just before this meeting he agreed that it might not be a bad idea to have public input based on the fact that there was no vote taken at the only public input meeting. Now this is a project that the proponents claim cannot get underway for another year and a half be- cause of a lease that is held on Winn Dixie at this point. If they have a year and a half to get into this project and if they have had six to eight months to prepare for it why do we only know about it for the last 15 or 20 days and you, Commissioners and Mr. Mayor are asked to vote on it tonight? I think there is something strange. Why is it being rushed through? The maps that were presented tonight here were not presented at the public input meeting last Tuesday night. We were shown pretty drawings of pretty trees and pretty streets. This diagram was not, was not used as a directive as it is tonight. My basic point, there are three points that I'm interested in, one is don't give away public property to private developers. That has been covered. Our second point is don't confuse traffic any further than it has been to this point and the traffic study that has been done is an effort to show where they are not creating a worse problem than we have now, not where they're giving us any benefit, where they are not making it -much worse. Our third point is that this will not a precedent in that area and as Mr. Dale Mobely said, he changed sides. He was an opponent of this project, but Mr. Dale Mobely owns the block just down the street. Now, is it perhaps to his best interest to allow this to go through so that he may then coarse and petition for the very same thing in the very near future? It could be a toe in the door 203 alliIlost : J t- � Q, syndrome that ::a don't wish to deal with in Coconut Grove, we can't give it all away. The only thing that I want to get back to, the most important fact I think in this entire presentation is that the propon- ents keep showing us trees and bricks and fountains in a 125 foot length a area which is not Copenhagen, it is a small park. How many trees and fountains can you get in this small park? The use thereof is for the public they say. To get inside there you must go through one of their entrances and that is a reason you are shopping there. The store shops facing out have blocked off windows to the view of the rest of the Grove, we viewed them today, they are not trying to connect the Grove, they are trying to build a fortress through which very little business will trickle to the rest of the Grove. And I'm going to close this because I know there must be other people who want to speak and I will respect- fully pleade with you to not make this decision, to not favor this individual who wants a million dollars worth of public property and not to mention the FAR value involved, for free. I don't think it is proper and I don't think it is a wise decision. Thank you. Mayor Ferre: Who is the next speaker? Ms. Marilyn Reed: My name is Mrilyn Reed and I'm representing the resi- dential section of Coconut Grove which'abutts and'is contiguous to -the village center and before I get started, I've been to Loxipoxi and Guada- lajara and it is nothing like David says, it does not compare to this area, believe me, in fact, there are a lot more interesting things to do down there sometimes. All right? Mayor Ferre: I won't ask you what. Ms. Reed: All right. I am representing the residents in this area that I just mentioned. Perhaps we should thank George Scott and the TV script writers who gave us the slogan that probably is closest to expressing the way we feel these days over in my area - "We're mad as hell and we're not going to take it anymore." I want to put to rest the myths tonight, as you are aware, if a myth is repeated often enough people tend to believe it as fact. The applicant persists in promoting his development as the heart of the Grove or the center of the Grove, indeed, as I heard the other night as the Grove itself. This is simply not true. Coconut Grove is still as it always has been and will continue to be a residential com- munity primarily. Last year we had an estimated 30,000 residents, this year if one bothers to look around you will see people are leaving. Some i businesses have left, others are going but more noticeable to the economic stability here is the exodus that has caused rental signs to be hung out { on most streets in the Grove for the first time ever. It has not been uncommon to see many For Sale signs, some based on speculation but for the first time we are loaded with empty units and no takers and I have units fortunately filled now but if you look at that street it looks like a christmas tree so I would caution you to be aware that things are not as nosey as any applicants might choose to picture them. As a residential community which has been largely ignored lately by our officials and simply swept aside by Mr. Treister and his associates, when we bought our t property we bought a piece of the community as well. we have an undivided interest in the whole, you might call it an environmental equity. The developer has his self-interest and pursues it with the help of this Com- mission and the staff. We property owners who are directly affected and impacted by the proposal here tonight also have a self-interest. Remember, that we are the real backbone of this community, we carry the ad valorum tax load, we are not only the major source of revenues for the City but carry a large percentage of the total City tax revenues right here in the Grove. We do not want to hear again the myth that if the street is given to Mayfair III by you it wilX be put on the tax roles and increase the revenues, this is subtrifuge. The truth is that such developments as Mayfair, Yacht Harbour, Grove Tower all require more city services than their property taxes pay for. This forces taxes up on the residential community to pay for those extra services demanded by highrises and phased mega developments. Gentlemen, these are not my words, they are the words of inpscable experts in the field, they are the words of Charlie Kendall, an expert in the reel estate field and they are the words of - the internationally recognized expert business and economic professor at FIU, Dr. dan (I think 114 is Loges, I believe that is the correct pronunciation, you know him I'm sure). Residential property owners in central Grove have suffered 1000 increase in our assessments last year. We can attest to the fact that we can no longer carry this kind of a burden that has been placed on us which only underwrites those 204 JUL 2 31981 X 0 developments which impose on us through commission permissiveness that favors only a select group of developers and their attorneys and ignores the real taxpayer, us, the residential property owners of Coconut Grove. Mr. Ongie: Three minutes,,Marilyn. Ms. Reed: Okay. I have a map here because I think it is vital to us that you understand that we have a traffic problem and I cannot accept the hired gun's traffic report$ these people hired by the developer and paid by him do nothing more than justify his proposal. Reality is today, gen- tlemen, may I have a couple of minutes to show you what happens? Mayor Farre: Marilyn, I just want you to know you're taking your time from somebody else and that is beginning to happen, somebody is going to end up not being able to talk. There's a gentleman that waives his time. Ms. Reed: Well, if it is more important for somebody else to speak Okay. I don't need to put the map up although I Whipple to bring it down for me but the problem here is the people in our area are blocked in. You are splitting a community - I'm going to make it very simple - Virginia Street, you heard the problem. To get off of Mc Donald Street I have a problem. If I'm coming up Main Highway let me tell you the circuitous route I have to take. I cannot take a left at Commodore to get to my property at Mc Donald and Day because you cannot cut left there, there is always a line of traffic so I move to the left street, Fuller Street, I no longer can take a left there. I have to go all the way around and Virginia street you can't take a left because of the traffic line always there so I use Rice Street where normally I can break through and get in. Mary I can't, the other day sitting in the middle of Mary Street backed up to the Mayfair was a septic tank blocking the whole street with the pipes laying out there and their trucks, I couldn't get around, obviously they have a grease trap or a sewer problem already in the new building but that takes me then down to Bayshore to get home. I have to go from Bay - shore all the way up to Bird and come back. I think this is ridiculous that I have to circle an entire community, this blocking off, and what you are doing, gentlemen, if you allow this, is you're going to run a line right down there, blocking and that is access that we need and we need Rice Street open for our public health, safety and welfare. We must have this access. I would urge you tonight please to deny this for the sake of the community arl for the residents who have been forgotten over from 27th Avenue all the way back, some of my neighbors are here. Thank you. Ms. Carla Bonehill: Good evening, my name is Carla Bonehill, unfortunately I reside at 3200 Grand Avenue which I believe is in the middle of Coconut Grove. I am a veterinary assistant to Dr. Marmish. I have access to use all the streets right in and around the Winn Dixie including the blocked off now Virginia which has been brought up. What I would like to point out is coming into the Grove from the north you have a choice, you may use 32nd Avenue which is Mc Donald, you may use Matilda which is blocked off during the school year because of the tennis courts and the access to the play- ground, you have Virginia which is now one way. Therefore, your only other commitment is Mary Street, Rice or over to Tigertail, down 27th to beautiful Bayshore which is a massive traffic jam. When you hit Mc Farland and Grand you have four traffic signals. When you are going south onto Main Highway and going onto Grand Avenue you have one signal that is red, you have another signal that turns green. Why can't these traffic lights be coincided to flow the traffic as it is on the other end? Now, closing Rice Street, I use Rice Street because trying to get to that particular end of the Grove I can never count on when the trucks are not delivering or delivering to Mayfair, having to put myself in a difficult traffic position on pulling around them blindly. What is going to happen with Grove Towers, are they having an access onto Mary Street? How are they going to three -lane Mary Street? It is impossible, we're doing with Farm Stores, we're doing away with the bank parking lot, I'm sure Mr. Robertson graciously will give up part of his building. And what about the corner where Yacht Harbour is? I would love to see all that grass go for another lane, and as far as the traffic light? Fine, what about coinciding some of the traffic problems that exist in the Grove now? I'm quite sure Mr. Treister would happily work with you on that and not to mention why all this money spent for the beautification of downtown Grove with our sidewalks and our trees and our gas lamps. I enjoy walking my dog at 2 O'Clock in the morning and not seeing a damned soul on the street simply because it is down at Mayfair, simply because of their private clubs, simply because of their restaurants. What about the restaurants 205 JUL 19 81 down in our area? What about the Taurus? What about the Playhouse? What about everything on Commodore Plaza? For the first time in the his- tory Adams Apple is having a sale. Now I'm sorry, maybe I'm not a down- town Grove resident but this has gone far enough. It isn't the village of Coconut Grove, it is the Village of Mayfair. Thank you. Mr. John T. Stewart: My name is John T. Stewart. I live at 3570 Batter- sea Road, the same street on which Mr. Treister lives. With a partner and myself, I built, paid for and dedicated to the City of Miami Batter- sea Road from Douglas Road to the bay. Now, if you are going to give Mr. Treister Rice Street I want Battersea Road back. Thank you. Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. These people who have come before you today asking you to give them a very valuable piece of City property claim that their main justification and reason for doing it is to provide beautiful walkways for the public. Just look at Mayfair now, I have never seen a less appetizing walkway around a building than Mayfair. It is built right up to the sidewalk line, it is very unattract- ive, it is very uncomfortable, there are no trees, there is nothing on that, their past history indicates that that is not their interest. They seem to want to build right up to the line of the street and in exchange they're willing to build a walkway on half of the street leaving the street for vehicular traffic on the other half. Do they really want to build a pedestrian walkway? Is that what they're really interested in? Let them change their garage to make the entire Rice Street a pedestrian street so you will have a pedestrian walkway all the way through not just convenient parking and driving for them as it exists now. Half of a walkway through is not a walkway, it is not a public access road, people aren't going to want to walk through because they're not going to want to walk into the traffic involving Mayfair parking. So if they really wanted a walkway they would change the access for their parking garage and if they really wanted a walkway they would put their own property into a walkway. I challenge them to contribute an equal width of the street that they're ask- ing for to make the walkway significant, wide and the full length and I further challenge them if they really aren't doing this solely for FAA increase purposes to give up any increased FAR that they would get. Now, if they will accept these challenges then I'll believe their motivation for asking you to give away our Rice Street, and if they don't then we know why they are asking for it. Mayor Ferre: Any other speakers on the opponents' side? Mr. Robert Usherson: My name is Robert Usherson, I live at 3034 Oak Avenue, I've been a resident of Coconut Grove for 25 years, I'm currently a homeowner in Coconut Grove. Most of what I came to say has already been said, I won't be redundant. I would like to repeat though the problems are access from North Grove into the South Grove, (2) the fact that we're not creating an ambiance that attracts street pedestrian traffic because the style of the development is turned inward, you cannot have pedestrian streets along the periphery of the development the way it is designed, at least the way the current development is designed, it is very unappealing to pedestrians. It has been suggested that as a trade- off to closing the street to automobile traffic that will widen Mary Street the widening of streets, if we get into this game - excuse the expression - we could widen many streets and create thoroughfares like we do not have in Coconut Grove and it ruins the character of Coconut Grove. But let me give you a little personal exaMle. In my business, my own personal bus- iness, it may not mean too much to the business community but I have just moved a bank account out of the bank down in the South Grove because I can no longer get to it by automobile when I'm going to and from work with Virginia Street closed and with the school street closed it is now impossible for me to get the;e, I moved my bank account. (2), I no longer go to the optometrist in Coconut Grove because again I can no longer get there because of the streets. I no longer use many businesses that I used to use in Coconut Grove because much of my business has to be done when I'm coming to and from wdrk when I'm in my automobile. During the weekend I do stroll around the Grove with the tourists but I think a lot of residents in the Grove area can longer do personal business in Coconut Grove because of the inability to get from the Oak Avenue area/Tigertail Avenue across Virginia Street, Matilda Street, 32nd Avenue it's imposs- ible to make a west bound to south bound movement, Mary Street, the trucks that are backed up on Mary Street make it very difficult to use Mary Street, Rice Street has been an alternative that has been used by many neighbors. The traffic volumes, the average daily flow does not tell N 0p6 JUL 2 3 iuot III YOU all of what is doing on in the street, it does not give you an indi- cation of bottlenecks and this will make matters worse. Let me just tell you that I am very much in favor of pedestrian streets, I like pedestrian streets, it appalls me that we design our communities around the automo- bile, our living areas but this isn't the time or place to do this with this street. Thank you. Mayor Ferre: All right, are there any other remaining negative or opponent speakers? Ms. Bonnie Steele: Yes, sir. My name is Bonnie Steele, I live at 3227 Virginia Street, another irate homeowner. I want to second everything everyone has said here because we're all saying the same thing and I son't take that much time. I have a couple of things though. I spoke to my old friend Elizabeth Nirrick today and she mentioned something no- one -else has mentioned. The Fire Station, that is just one way they can't get out and there might be a little bit more response time and I object to the foot -in -the -door syndrome here. We're going to have Florida next, Mary, Virginia, it's a possibility and I ask you gentlemen to really consider this seriously for the homeowners in the Grove and for the small businesses in the Grove. Thank you. Mayor Ferre: All right, any other opponents? Now how much time did they take? Mr. ongie: They have 11 minutes remaining out of 45. Mayor Ferre: Okay, so you've got 11 minutes if you should need it in rebuttal time and counselor, in the interest of getting out of here or getting you out of here before midnight because we'll be here until 2 O'Clock in the morning, let's keep it short now. Mr. Traurig: Very quickly, Mr. Mayor, first just so you can see...... Mayor Ferre: Put the clock on and we will give them equal time. I hope you don't take more than 10 minutes all totaled. Mr. Traurig: I won't even take that long. I have just distributed to you a copy of the covenant running with the land so that you can see that it has been executed. Mr. Percy, your Assistant City Attorney, was one of the witnesses, that is the covenant that would get recorded. I want to very quickly go through some of the things that have been said by our opponents, Mrs. Douglas whom we all respect and revere talked about the million dollar value, others have talked about the million dollar value of Rice Street, I think that Mr. Luft has indicated that we are going to put a million dollars into the improvements of Rice Street and if you would just check to find out what it cost you per block on Flagler Street you'll find that it is going to cost you that kind of money to do the kind of improvements that we're talking about. Mr. Strauss talked about a private matter, a private lawsuit, this isn't the forum in which liti- gation ought to be discussed, this is a land use matter. I don't think what he said really is pertinent to the issue here. I think Mr. DePue was right, I said incorrectly at the Zoning Board hearing that this would remain a public street and we wouldn't get the FAR, I was wrong, this is going to be closed, we will have private ownership over this although we will leave this as an open street available to the public 24 hours a day 365 days a year. on the other hand, the benefits that accrue to the com- munity as a result of that far outweigh any of the private benefits that will accrue to the private developer. He also talked about trees, I think that it is very important that we note that talked about 38 trees. We hereby make an unconditional offer, I think that their record demonstrates that anything that they say will be carried out, but we will not replace 38 trees, we will replace substantially more trees in West Grove in the areas which we would ask the Planning Department and perhaps Father Gibson to designate to beautify that area and we will permit you to designate the kind of trees that would be consistent with the foliage in those particular neighborhoods. We're glad that came up, it was something we had intended to offer. 14arilyn Reed talked about forcing taxes up, you will derive a very substantial additional amount of ad valorem taxes for the benefit of the entire city in addition to having the beautification which will develop as a result of the closure of Rice Street and the con- nection of these two blocks. And Ms. Cooper talks about our Rice Street, I thought it was her Brickell Avenue, I didn't realize it was her Rice ` Street and she now has moved. On the other hand, what she has talked about is the question of the brick walkways, etc. one thing that we - this was also talked about by Mr. Usherson, the walkway system - we will initiate a program of upgrading the sidewalks on the entire periphery of this development so that it will be consistent, they will be consistent with the sidewalks on Main Highway and they will be brick sidewalks on the entire four streets that surround this new area. So we offer that to you as an additional improvement in the general neighborhood. we would like you to know that there is a very great difference from the vacation of public rights -of -way which inure solely to the benefit of private developers as with Jamestown. This is going to result in the closure of public right-of-way but only because through that closure we will be able to now develop this new pedestrian street for the benefit of the public. We are giving to the public through the enhancement of that street and through the connection system which will now be developed. We ask you to support your Planning Department, your Zoning Board which have urged the approval of this application, it is consistent with the Coconut Grove study. The result will be a continued revitalization of the Grove, a cohesion of the 'Grove, a unification of the Grove, a conversion to public gardens, a major investment in this new pedestrian area through the foun- tains, through the new walkway systen, through the kind of landscaping that Mr. Treister described. You will develop an additional tax base for your City. The proof of the kind of development that you'll get is the past per- formance of these same developers which not only augers well for the future but is supported by the restrictive covenants that we have given to you. We acknowledge that there will be some inconvenience for some people who have been using Rice Street as an alternative way to drive, on the other hand, the substitution of traffic patterns will occur, it always does oc- cur and the ultimate result in Coconut Grove will be a benefit to the Grove which substantially outweighs any temporary inconvenience for a few of the residents. It has been demonstrated, it has been studied, it has been testified to you today that the present arterial system of the Grove can accomodate the traffic which presently uses Rice Street which is so minimal. We thank you for your attention, we tried to make it quick and to briefly summarize, we urge you to support your Zoning Board and your Planning Depart- ment. Thank you very much. Mayor Ferret All right, how much time was that? All right, you've got 20 minutes on the other side if you want to take it. I hope you don't but you can if you want. UNIDENTIFIED SPEAKER: Mr. Mayor, there was no appropriate place in either the pro or the con for me to offer the Coconut Grove Chamber of Commerce's stance, if we have a couple of minutes for a neutral stance. Mayor Ferro: All right, why don't you tell us your name, your address, who you represent and then tell us your message. Mr. Joe Avalos: Yes, my name is Joe Avalos, I own Dade Cycle Shop and I'm on the Board of Directors of the Chamber of Commerce of Coconut ,Grove. On Tuesday night the Chamber of Commerce met after the public hearing and they made a resolution which I would like to pass to you gentlemen. Mayor Ferro: All right. Was this the Board of Directors? I'll read it for the record. A motion adopted by the Board of Directors of the Coconut Grove Chamber of Commerce. Whereas the Coconut Grove Chamber of Commerce does not oppose the application of Mayfair in the Grove for the closing of Rice Street to vehicular traffic and the conversion of the same to a pedes- trian mall, es the same was presented to us provided that the following conditions are met: (1) That Virginia Street be returned to a two-way thoroughfare from Grand Avenue, (2) That signs be place on U. S. 1 and Virginia Street indicating that the same is a major entrance to Coconut '+ Grove Business District, (3) That Nary Street be widened from Grand Avenue as far north as possible, (4) That an area map designating all the streets, tourist attractions and other permanent features of the Coconut Grove Cen- tral Business District be placed in a prominent place within the pedestrian plaza contemplated to be created on the closed Rice Street. Mr. Avalos: In as couch as I have not had the opportunity nor has the Board of Directors of the Chamber of Commerce had the opportunity to study the covenant that Mr. Treister has offered, I would like to suggest that the matter be deferred if the input of the Chamber of Commerce of Coconut Grove is important in your decision making process, that the matter be deferred until the Board of Directors c" decide whether or not the covenant meets 208 JUL 231981 i t what they felt were the requirements before the issued their approval, other than that I have nothing to offer. Mayor Ferre: You heard the recommendation, Mr. Avalos. Okay. Now, does anybody else want to add anything to this? We're going to get into ques- tions in a little while. Mr. David Tackett: Okay, this is just a momentary rebuttal, my name is David Tackett, I•m president of the Coconut Grove Merchants' Association, I have a restaurant in Coconut Grove and I live at 2490 S.W. 23rd Street. In the presentation just given by Mr. Traurig, again we are alluding to and clouding the issue with outside traffic situations, flow through prob- lems that they feel they are solving once they have caused them, they are claiming to create a pedestrian walkway that is usable by the people in the Grove. I want to re -allude to Mrs. Douglas' statement, "The people that'shop in Mayfair cannot shop in most of the rest of the Grove", I can- not shop in Mayfair. The design of the walking pedestrian area in Mayfair is on the inside and the outside of Mayfair, I'm not saying the building is unattractive, their windows, the displays face in, they do not face out, we see the backs of the displays. Some windows are mirrored, some j have louvers so that you cannot see in, there is no attempt here to con- nect the Grove. There is no attempt for this walkway to reach out to the rest: of the Grove. This'is a land grab of public property for the self- serving interest of a developer who is so wealthy that he can acquire the j property abutting an entire street. That is all it is and nothing more and should be denied. Thank you. Mayor Ferre: All right, quickly. Mr. Leonard Wolfson: Mayor and Commissioners, ladies and gentlemen, I'm pro but I just wanted to make a different point than what has been made all night. I wish I could say that I lived in the City of Miami or Coconut Grove for 68 years but I'm 34, but if that's not held against me I went to school in Miami and I have businesses in the City of Miami and Coconut Grove. You know a lot has been said about the pros and cons and I'm sure as we know in school you can just as many pros as cons but I think a major point that has not been discussed this evening is the fact that wherein the papers all you see is crime in Dade County, crime in the City of Miami, Coral Gables, that the Mayfair structure is probably one of the most aesthetic looking structures in not only the United States but in the world as far as beauty and I think everybody that is talking about the pros and the cons, if you just see in the course of a day forgetting the shoppers, there are a lot of people that go to Mayfair that don't buy but there are a lot of people that take pictures of Mayfair and are bringing tourism back to Coco- nut Grove which we need very much and I think we should all be for it. Thank you. Mayor Ferre: Okay. I think everything that could possibly be said on both sides has been said ht least ten times and I might say very very well indeed and Marjorie S. Douglas did her usual job of hitting hard and getting right to the point and Bob, you did your usual good job and, of course, Ken and all of the people presented your respective sides effectively. Now, I think we are at the portion of asking questions and I'll lead off just to get everybody started here, I've written down some things that I need to know. Ken, I need to have some questions answered. The seven oak trees, what hap- pens to them? Mr. Treister: The seven existing oak trees? Mayor Ferre: Yes. Mr. Treister: They stay and are added to by the other trees. Mayor Ferre: All of them stay? Mr. Treister: All of them stagy. Mayor Ferre: Next question is entrances, will this be open forever, you're not going to put gates and close it off at night? Mr. Treister: We can't, the City Attorney, we gave him a covenant today he can file it tomorrow, it is open forever, 24 hours a day in perpetuity for the public use, no cloging. O09 JUL 2 31981 8 i Mayor Ferrel Okay. FAR, how much FAR are you gaining by taking this ' land? Mr. Treister: We're gaining, there's about 13, I'm not positive, around 13,000 feat. i Mayor Ferro: 13,000 square feet out of a total project of what size? ( Mr. Treister: Tony? There's about 250,000 square feet, we'll be gaining about 26,000 square feet of building on the extra land. Mayor Ferret Let me, so that we don't have any misunderstanding, if you did not have this land and if you went along with your project anyway it would be reduced by 26,000? Mr. Treister: Yes. Mayor Ferret Assuming you stayed at that FAR? Mr. Treister: Yes, sir. Mayor Ferro: No? Mr. Traurig: Not necessarily, in the wisdom of this Commission you might grant a variance for additional FAR. Mayor Ferret Now that's not what we're talking about. Mr. Treister: Mr. Mayor, the FAR is one thing that we are getting and we are getting the street. We are hopefully giving.... Mayor Ferret Well, I'm just putting this on the record so we understand what we're talking about. The FAR gain on your part would be approximately 10%, that's 26,000 square feet, give or take. Mr. Treister: I think it is a little less than that but it is close. Mayor Ferret Okay, 9%, whatever, more or less. Now, Mayfair parking, how about that point that somebody made, I think it was Ms. Cooper, about the fact that you say you want a pedestrian street but it isn't really a pedes- train street because half of it is traffic exclusively for the parking gar- age, how about that point? Mr. Treister: We built a 2.4 million dollar parking garage in Coconut Grove, it is open to the public, $1.50 a day for anybody to use, it is — needed by us, we built it for us but it is needed by the community, it is available to the community, we cannot reconstruct a building, it only has one entrance, it is there for everybody to use and I think it is important for the Grove but it is also important to us. Mayor Ferro: Are you widening the sidewalks on either side for the pedes- trian access and narrowing, therefore, the street? Mr. Treister: Yes, sir. Jack Luft suggested we have only 10 foot drives, there is a big walkway on either side with the same brick continuing and that is in the drawing that's in..... Mayor Ferro: And cars cannot park along that street? FE Mr. Treister: No, sir, your cannot park. It is divided by a row of very thin palms, it is a very narrow driveway and it will look different than a road, it will done in cobblestones or some other paving. oil Mayor Ferre: Okay, let's what other questions I have. Traffic signal- ization - somebody made a very good point about traffic signalizationi and Mr. Manager, later on I'd like to ask that the administration get in touch with Gene Sims and I want to relate to you a horror story because I think in about three different occasions that I've run into Gene Simms I've said, Gene, right in front of where Plummer lives there between Mercy Hos- pital, well there's one light to go into the church, to St. Karin and the next light is the light that does into Mercy Hospital and the third light is the light down there on 17th Avenue. Okay? You know, if you notice beyond 17th Avenue there is hardly ever any traffic tie up even though it is a two lane road and I'vq really sat there and studied that and the reason, of course, is that because those 3 lights are not synchronized when one lets sows people go the other one stops them so that it really 210 JUL 2 3 1981 moves... Dig you know what Gene Simms said? -Oh, there is a very simple solution to that, all we need to do is synchronize them. I said, of course, you know but why don't you do it? He said well, you know we have an awful lot to do in Dade County and that is not on the schedule for the next two or three years. Now, it seems to me that that has to be one of the most important highways that are used and it is only a two lane road because that's what the community wants, certainly I think that they can give that priority. I'd like to put that as a Commission matter in the future, have Mr. Simms come here and see if we can get that matter reversed officially. Now that also brings me to the point that the gentleman made here about Coconut Grove and I think that that same logic is applicable to the lights around Coconut Grove when they're not properly synchronized it really holds up traffic in peak hoi.irs. The rest of these things are comments that I have. You said $200,000 in improvements and you said $1,000,000 in improvements, what is it? Mr. Treister: Mr. Mayor, I have no idea. I always underestimate for all my clients, I'm my own client. I said $200,000, I just guessed. Jack Luft said, and they've studied it, that for downtown Flagler Street they figure $1,O00,OOO a street. I hope he's wrong and I hope I'm right but it is probably somewhere in between. Mayor Ferre: Well, there is a big difference I think. Mr. Treister: You sound like one of my clients. I don't know what it is going to cost, we'll spend as much as it takes, we've codified the plan, it is going to be recorded, it may be a million dollars, I doubt it, I hope it is several hundred thousand dollars but the maintenance every year forever is certainly a major point including security. Mayor Ferre: Those are the questions that I have. Anybody else? Mr. Plummer: Mr. Treister, what is the present rent per square foot in Mayfair? Mr. Treister: Rent per square foot varies, I think the lowest rent is about $15 a square foot, maybe $13, well, there is one that's even less, maybe $10 but that is an original lease and then they go up to $20 and $22, a small store may go up to $30. I would say that I have heard that in the village center the rents are comparable and sometimes higher than Mayfair though I'm not 100% sure. I'm sure we're less than downtown Miami now on the major streets. Mr. Lacasa: Do you have an idea of the assessed value, not the assessed value, the real value of the square feet of land in that particular area Mr. Treister: Of Rice Street? Mr. Lacasa: Yes. Mr. Treister: I would guess that if that was land that could be built on, if someone built a building on it, if it had access to it, I have no idea, it is probably worth $50 a square foot. That's a lot of money, I don't know who is laughing but if anybody has to spend $50 a square foot it is a lot of money. That is not a building site but I would say it would be worth somewhere around $50-$60 a foot. Mayor Ferre: And so what would be the total? How many square feet? 50 feet by.... Mr. Treister: There's 13,000 square feet but that assumes that it is a building site, it means it is on a street and it is wide enough that you can build on it. I would say in its present form it has little value because it shouldn't be built on, it should be open and it should be used by the public. Mayor Ferre: All right, other questions? Mr. Plummers I would like the Department to speak to the traffic situation that, you know, how is this going to affect Virginia Street? You know Virginia Street was changed to one way without this Commission even being consulted. Did we ever approve that, Mr. Gary, do you recall us ever ap- proving Virginia Street? 211 JUL 2 31981 4 Mr. Gary: That must have been before my time. Mr. Plummer: That's a good cop-out. It does have a bearing, there is no question in my wind that it has a bearing. I went down Virginia Street and I was one of the first offenders... UNIDENTIFIED SPEAKERs I was the second. Mr. Plummer: You were the second, well all right, speaking for two of- fenders, would you please tell me how you feel this has a bearing if any on the closing because as I see it you are now going to be forced if you are coming Grand from wherever north on Grand you can't make, you've got a problem at Virginia, if we close Rice you're going to have a problem there and there's nobody can dispute that Mary Street is so damned jammed now you can't move. Now, what that in effect as I see it is going to do is force you over to Bayshore and I want you to speak to that. Mr. Whipple: Well, Commissioner, just let me do this: (1) The Department does not purport to be traffic experts on this, however, we did, were in- vited and did attend meetings with the applicant and with the Dade County Department of Transportation. Mr. Campbell from our Public Works Depart- ment who is here tonight was also at that meeting and I'd just like to com- ment to you that we understand. (1) With respect to the changing of Virginia, the Dade County Department of Traffic and Transportation is now aware of the community concerns and the Planning Department's concerns as to what we think are problems that are being caused by that one way system and they have promised us that they will look into this in considerable more detail particularly in response to this request. They have no problem with the changing of Rice, they feel that the re-routing of the traffic will not cause any significant traffic problem but again, they said they will look at Virginia and they will also look at the problem of Mary Street and as cited in the proffers by the applicant and pursuant to our Public Works Department we've already addressed the widening of Mary at least to accom- odate a right hand turn with less congestion than what now occurs by widen- ing and providing a turn-off lane, all of these things Dade County Depart- ment of Traffic and Transportation has said they will look into in more detail and based upon the conditions that they proffered, they do not see a problem and I am relating this information. We concur with the recom- mendation that they have that there is no problem in closing the street and we look to them to provide us additional information and solutions as to Virginia and Mary in the future. Mayor Ferre: All right, further questions? Mr. Plummer: Yes, I've got gome more. Mr. Whipple, you can answer this question I believe and it has been asked and I know the answer but I want it on the record. There has been expressed concern about the Fire Depart- ment being able to respond to fires, how if any would that affect the Fire Department and, of course, the other question is has the Fire Department commented on this particular application? Mr. Whipple: Commissioner Plummer, may I let the applicants read in the letter from Fire Department of which they brought to our attention? I don't remember the exact wording. Mr. Plummer: From Dan Heyder, Battalion Chief, Dear Mr. Door, dated June 4th. In response to your proposal to close a portion of Rice Street between Florida Avenue and Grand Avenue, please be advised that that closing of the portion of Rice Street will pose no unsurmountable adverse affect on the Fire Rescue response or operation in that area, we can and will adjust to the change if and when it occurs, signed by Dan Heyder, Battalion Chief, City of Miami. Mayor Ferret Next question? Mr. Plummor: Public Works. Mayor Ferro: Well, go onto your next question. Mr. Plumwers Mr. Traurig, Public Works, what are your concerns if any in this project? Mr. Quvbells Well, our conFerns are (1) for the re -doing of Mary Street if necessary and we feel it is necessary. 212 JUL � L 1�8t 0 Mr,, Pluamert When you say re -doing you're talking about widening? mr. Campbell: Widening and rebuilding. In the covenant as proferred by the applicant they indicate a distance of 115 feet, now the 115 feet apparently is the area from Grand Avenue up to the alley. Mr. Plummer: Well, what would that accomplish? Mr. Campbell: This would accomplish a third lane.... May I have that... Mr. Whipple: (NOT USING MICROPHONE) ...facilitates a movement of traffic in a more efficient manner than presently exists. Mayor Ferre: From where to where? Mr. Whipple: Through Mary Street going onto Grand Avenue. r Mayor Ferre: Okay. Mr. Campbell: We prepared a plan, we forwarded this to the Department of Traffic and Transportation, we have not yet had their response on it. Mayor Ferre: Is that an island that you put in the middle? Mr. Campbell: This is a striped island, just paint here. We have two plans, one is to re -do this area from Grand Avenue to Florida Avenue, widen- ing it so as to provide a right turn lane around.... Mayor Ferre: Right turn and a left turn. Mr. Campbell: ... and a left turn coming down here and, or course, the lane through northbound. And in response for a possible need for parking at this location in front of the lawyer's law firm we allowed this and this would allow again for a right turn, left turn and the northbound through movement. This would be as far as our department is concern tot- ally Mr. Treister's responsibility to achieve. Mayor Ferre: Gentlemen, it is past 11 O'Clock. Mr. Plummer: Wait now, has Mr. Treister in his covenenants agreed to dedi- cate that property? Mr. Campbell: Oh, this is fully dedicated here. Mr. Plummer: So what is there is fully owned by the City. Mr. Campbell: Yes, sir. Mr. Plummer: Do you have any other concerns from Public Works? Mr. Campbell: The concerns are in the portion of Rice Street for the exist- ing utilities, now I believe I heard tonight that Mr. Treister had said some- thing or Mr. Traurig had said something about relocating the existing util- ities, being a gas main in there and a drainage structure. If this is true that's fine. If they wish to maintain those structures in there, of course, then the right-of-way would have to remain as an easement to the public for utility purposes and we have not seen, we have seen the plan as shown tonight for the beautification of Rice Street, we have not seen the details as far as elevations, there was one area that apparently was a depressed walk area or a seating area, we're concerned about how deep they go with that because we have a slab over that drainage trench which is approximately -2 or 3 feet below the existing surface. So we do have concerns with the utilities that are in Rice Street as at present. If they relocate them we have no problem. Mr. Plummer: Well, Mr. Traurig? Mr. Traurig: The answer is,.Mr. Plummer, we do intend to relocate them and we do intend to provide the easement Mr. Campbell talked about so that the maintenance of the utility areas can be accomplished by the power company, the gas company and so forth. In our tentative plat we I think we covered all those things. We do intend to do that. Mr. Plummer: So it is my understanding that you're going (A) to relocate the utilities that are presently existing under Rice Street. 213 JUL23 1981 4 0 Mr. Traurig: Yes. Mr. Plummer: (B) It's at your expense. Mr. Traurig: Yes. Mr. Campbell: That's fine, as long as they're relocated then we have no problems with Rice Street and we really don't need an easement through there if they are relocated - no problem with that. Mr. Treister: Is it clear that whatever has to be relocated will be paid for? If it doesn't have to be relocated obviously we're not going to move it a foot just to.... Mr. Campbell: Well, let me say this, and I know the hour is getting late and Y don't want to prolong this, it is not necessary to relocate the gas main, it is not necessary to relocate the drainage structure now, the drain- age trench as it stands. However, depending on what type of a development, how deep they go, if they go down with a lowered area or whatever in the street wheher it be a seating or a walking area it depends how they go with their development. It may be necessary that these be relocated because they can't live together, if they go and dig down into the street and lower it sufficiently then they're going to have to relocate the drainage structure at least. Mr. Treister: Well, we'll pay for anything that has to be done obviously and that is in our covenant and we'll agree to it. Mayor Ferre: All right, are there further questions? Mr. Plummer: Well, Mr. Mayor, I merely only have a statement to make and then I'll abide by your wishes. The only thing that I have heard, and Mr. Traurig is probably going to roll over and fall dead on this one because normally he and I have a big thing about black olive trees - you know, I extract whenever possible landscaping for areas that don't have any. Well, let me tell you, Bob, tonight black olives ain't going to buy it. All right? That's right up front. Mr. Traurig: Green olives? Mr. Plummer: Green olives won't do it either. Let me tell you what is going to do it, and it is green. I'm using Mr. Treister's own figures and I figure, and I got my oversized calculator because it is a large project, I figure that by virtue of gaining 26,000 square feet of additional retail space listening to his version of between $10 and $30, and I would assume that by the time this is completed I'm being as Mr. Treister is very con- servative at $20 a square foot, that additional income to him is roughly $520,000 a year. Now, if you go the other way, he is now going to be get- ting the value of the retail plus he is going to be getting the value of the street based on Mr. Treister's figures of $50 a square foot and 13,000 square feet that's $650,000 or in the first year a gain of $1,170,000 and from that point on it is a gain of $520,000. Now, if my figures are wrong I'll apologize for my little computer but you tell me where I'm wrong and I'll be glad to listen, Ken. Mr. Treister: I only wish that was true. The rent for square foot is the gross income that an owner gets, it has no relation to his profit. Eastern Airlines last year took in you know, maybe $2,000,000,000 and lost $5,000,000. I don't want to be Eastern Airlines but the income that_youreceive from rental property sometimes makes money and sometimes loses money and there is no relation. The percentage of profit could be 24, 3%, 5% depending on the kind of business. So you can't take the gross revenue from the addi- tional footage and have it mean anything, it is a net after debt service. So you have to build the building, you have to buy it, it may cost $100 a foot, you have to pay 20% interest today to build it and hopefully it makes money and it may not, there is some risk involved, but it's not that kind of equation. Mayor Ferro: Look, I think we need.... Mr. Plummer: May I finish, Mr. Mayor? Mayor Ferret Yes, please, do. JUL 2 3 1901 Mr. Plummers het's say that you're right, that addresses itself to the retail, land value. There is no question you are gaining 13,000 square feet and that at your figure of $50 a square foot is $650,000. 1 ditlt know how you can dispute that. Mr. Treister: Commissioner, if -the City wants to sell the streets of Miami I think it is a good thing. If you want to put it on and have an auction for that street that's one thing. We're not taking that street, I know it is a code word of people that are against it. The reed hidden agenda here is some other agendas that haven't been expressed here. Be- lieve me.... Mr. Plummer: Why don't you make the record clear? Mr. Treister: Well, I don't want to antagonize people and I don't want to say it but I think it is clear that what we have tcovenanted for 1i that it is going to be a public street 24 hours a day completely open to the public with two exceptions, that we're going to pay for the improvements which will be many hundreds of thousands of dollars and that we'll main- tain it and hire our own off -duty policemen. Now, that's a major con- tribution but we're getting a lot. We're not saying we're not getting a lot. We'd love it, we're here to get it. We're going to get Floor Area Ratio and we're going to get a beautiful street but so is the com- munity going to get a beautiful street. We're putting our dollars up, we've put it in a recordable instrument that we're going to make the im- provements, the Planning Department has critiqued the improvements, they're not minimal, Mr. Plummer, they're maximum improvements. It's going to cost a lot of money and then there is debt service on that money. Mr. Plummer: I understand what you're saying but I also say without question there is a direct good benefit to you and I'm just not buying 37 oak trees. Mayor Ferre: Okay, let me make my statement. Plummer, I'm not too far away from you. Mr. Plummer: That scares me. Mayor Ferre: Well, there are a lot of things that scare you. Let me tell you where I'm at. In the first place, to the gentleman who said he likes pedestrian streets but this is not the time and the place, I don't agree with that, I think it is always the time and it is always the place especially in an area like Coconut Grove to try to humanize the Grove. I don't have any problems with that. Now, with regards to the statement that several people made here that these are expensive shops and that they have no access to them because they can't buy in them, well, you know, I'm sorry, I really am but I don't think that has really anything to do with anything here. Whether or not you can walk up and down Park Avenue or Worth Avenue and buy or not buy has nothing to do with anything. We're not getting into class clashes here and determinations as to who can buy and who can't. That's got nothing to do with it. With regard to the question of Jamestown and what's the difference between this and Jamestown, Ken, the difference as I see it is that in the Jamestown that was an easement that was not a main, that was not a street. This is a street and it is not a main thoroughfare but it is an important street. Now, with regards to whether or not it is in the public access, I think that's what the real issue is, Marjorie, I think you hit it right on the head. The issue is not whether or not we're going to do this or not do this, I think the issue is where is the public benefit. Who owns the public land? What amenities are going to, and you said, well let him buy it if he wants to. Well, I don't know whether we want to sell it precisely and I think this is the area where we have to deal with is the public benefit of this whole thing. As far as I'm concerned I don't think that from the traffic point of view of some things are done that we have discussed that the automobile traffic patterns are in any way really or that the Grove is acerbated or the traffic patterns really create a crisis and I think the pedestreianiza- tion of that particular part of the Grove is an asset so the question is who is it goin4 to belong to, and if it is going to belong to the private sector then how is the value going to be determined. And is what he's offering really in keeping with the increased FAR and the in- creased desirability of the property with what he's spending. So let me tell you where I guess I'm coming from. I think we need to have a value placed on what it is that Mr. Garfield and Mr. Treister are asking 4 215 JUL 2 31981 t f for, what is the value of it. I don't know, Mr. Manager, whether we do it by an appraiser, you know, whenever we're dealing with public property, as you know, the people of this community passed and voted in 1978 in September a motion that I had made on the question of the leasing of pub- lic property. Do you remember that? And in that proposal we said that we would have two appraisals made whenever property of the City of Miami was given to the private sector, what did we say we were going to do, Mr. Manager? That we were going to get two appraisals, is that correct? Mr. Garys Yes, sir. Mayor Ferre: Now, Mr. City Attorney, is Rice Street public property? Mr. Terry Percy: Mr. Mayor, the City of Miami is a trustee for the public for Rice Street. In the event that Rice Street is vacated, discontinued or abandoned by the City the property will revert back to the abutting property owners so the City doesn't own it in fee as we could lease it or sell it, we're merely trustees holding it for a public use until such time as that public use is no longer valid and at that point we will vacate it, abandon it and it would revert back to the abutting property owners. Mayor Ferre: Okay, so it is a little bit different. But I think the point here is what is the value. Now there is no question that there is a tremend- ous value added by what Mr. !�reister is saying that he is going to do over the fountains and what have you. That's why I kept asking you is it worth 200 or is it worth 300 or is it worth 500. I don't know what it is worth but it has some kind of a value. Now, obviously, you know, we're not selling the property, there's no question about that but when we're being asked to permit the property to revert back to the property owners, in the past, Plum- mer, and the Commission has always requested something to be given and I think that that's where we're at and I think it is a question of determining what it is that we're going to get, we the public represented here by the Commission, what are we going to get in return besides the fact that we're adding a pedestrian mall which I happen to agree with is a great asset in my opinion for the Grove. Mr. Lacasa: I have a question here, Mr. Mayor, that I would like to clarify from a legal standpoint because I think it is essential that we determine first of all who owns this land because if the City of Miami owns the land and we were to give it the question of a give away that has been raised by some people here could hold. On the other hand, you are saying that we do not own the land, that we are just trustees for the land. Mr. Percy: That's correct. Mr. Lacasa: Okay, if we are trustees for the land and the land in case that we abandon that land would revert back... Mr. Percy: Automatically. Mr. Lacasa: Automatically to the abutting owners this particular case, the applicant is the abutting owner because he owns both sides. Mr. Percy: Yes, sir. Mr. Lacasa: So if we were to abandon that it would revert automatically to him right? Mr. Percy: That's correct. Mr. Lacasa: Okay, so that takes care at least from my standpoint of view of the question of give away, we're giving away nothing because we don't have it, we don't own it. Mayor Ferret But it has a value. Mr. Lacasa: Right, let me go into that now. But there is no question that as trustees we have something of value. Okay, so on that basis is why I would like to see what for the public benefit we get. Now, if we go into what the developer intends to do there is no question that is a credit to the area. I don't believe that anyone here even those who oppose this concept of giving away the street or the land, not even those will object to the building of this Mayfair P III with the concept of the walking - JUL 23 1981 ff 0 i promenade or whatever but still the City of Miami which is in need always i of whatever help it can get would like to see something of value. Mayor Ferre: Let me recommend something and see if this makes any sense. Suppose we were to evaluate a fair evaluation of the value added by what we're about to do and suppose we say all right, Mr. Developer, we will vacate but you have to match the value and the value is to be spent in the immediate vicinity, part of it will be spent on Rice Street, part of it will be spent along the sidewalks on Grand Avenue, Florida, Mary, Virginia and the other parts that are affected and these would be improvements in the public spaces other than in Rice Avenue so that at least there is a value established which is somehow maintained. Jack, What do you think of that? Mr. Luft: If it comes to the point of building improvements elsewhere than Rice Street I'd like to see them built on Grand Avenue at Douglas Road and Plaza. Mayor Ferre: Along Grand Avenue. Mr. Luft: Along Grand Avenue at the other end of Grand Avenue consistent with what Mr. Rolle was saying. I tell you, with the Manager's permission I would just like to make one statement because I stuck my neck out on this project a long way from the first day. I cannot help but be concerned, and I care a lot about Coconut Grove, I look around and I see the Falls, I see a very successful developipent, I see South Miami struggling and I see Mr. Margolis coming forth with a multi -million dollar effort which is no doubt going to produce a mall and an environment somewhat similar to what we're talking about here on the Holsum property. I see Coral Gables moving strongly to upgrade Miracle Mile with substantial improvements. I see new shopping facilities developing in Brickell. Now Coconut Grove is in com- petition with these areas, most of them are not in the City of Miami. My only concern here, my concern from the first day has been for the community and I ask myself this simple question: I think the mall concept and the pedestrianization concept is the kind of thing that brings people into Coconut Grove, it enhances our retail environment, it enhances our property values and our tax base. I simply see a chance for the City to get a very expensive facility, a very nice facility at no cost to us and no cost to maintain it and I'll leave it to this Commission to wrestle with the diffi- cult problem of comparable value and how you want to pursue that. My con- cern is South Miami, Mr. Margolis, the Falls, Miracle Mile and I hope we don't lose sight of the fact that mall or no mall Coconut Grove is going to have to keep pace. Mayor Ferre: Let me tell you then what my position is at this point then. I agree with Jack Luft, I agree with the Department, I agree with the Zon- ing Board, all of whom recommended this pedestrianization of Rice Street. I have no problems with the recommendation with the amendments that I'm sure will be forthcoming. The only thing that I have no got clear in my mind is the question of the value that must be established. I think that that is one area that I in my mind must be satisfied and I will not vote for this thing unless in my opinion what the City and the people of Miami get is equal to the value of that the developer is going to get. And under those conditions and under those safeguards and with those different pre- conditions, traffic and otherwise then I'm ready to vote on this. Is Mr. Traurig: Mr. Mayor, may I suggest that you ought to consider another aspect of this? I don't know what the actual investment will be in the revitalization of this but we always talk about tax increment financing and the utilization of the proceeds of the new reveues that are derived from the new investment in order to revitalize the area in which that new investment would occur. Let me just use some hypothetical figures, j ypo gores, and I'm not using these figures because they apply to this project, but assume for the purposes of this discussion that it is a $10,000,000 investment that becomes a reality as a result of the opportunity that you might be creat- ing. That $10,000,000, that's ten thousand thousand at 10 mills is $100,000 a year. So, therefore, the people of the City of Miami will benefit for every $10,000,000 that's spent at the rate of $100,000 a year. It should be something to be considered, and I'm not saying that that should be the overriding consideration but I think it has been ignored. Mayor Ferro: That's fine, Counselor, but you've got one problem with your argument and the argument is, as you know, that that is for blighted areas and that is the State Law and we had a redefinition of blight which only took into account transportation. Now, I do not think that you .217 JUL 23 1981 could -classify Florida Avenue to Grand between Virginia and Mary as a blighted area. Mr. Treister: Mr., Mayor, can I answer your question if I could? I think we are getting a little carried away with the value of this property. I want everyone to know that we can build on all our property with the C-2A Ordinance without variance, we can make a beautiful building, we coo not need Rice Street. if in your judgement you'd rather have asphalt there tonight you can have asphalt. if you want to keep the broken sidewalks, keep the broken sidewalks. What I'm telling you as an architect and some- one that lives in the Grove and that is trying to improve the Grove and also improve the total environment that I want to at our expense improve that and make it a walking street for the use of the public, now we're going to gain from it, I don't, know how much. Mr. Plummer, I wish I could tell you dollars and cents what it is going to cost and what it is going to cost to maintain, I don't know. And in business and in life you do things, you don't know what the future is going to be but you take calcu- lated risks. We're willing to say to the community that we'll put in � our dollars and put up maybe what Jack Luft said, a million dollars, maybe not, we'll police it every day, we'll have off duty policemen at night, we'll light it, we'll water it, we'll maintain it, we'll take it for the next thousand years if that is what it means. The public can use it, it is your choice. We're not bargaining here because I really can have our people across the street, unfortunately I'll remember tonight. I'm tell- ing you very clearly we'll put brick sidewalks on Virginia, we'll put them on Florida, we'll put Oak Trees everywhere, we'll make this beautiful, we'll pay for it, we'll maintain it, we'll leave it open to the public, we won't build on it which anybody that buys land does, we won't increase anything except the Floor Area Ratio and we're offering that to the City and the community and I would say that, for instance, the Civic Club of 900 members supports it. The Planning Department supports it. I mean it is not a giveaway, it is a change of street and if I was a planner hired by you to come here and advise you - oh, I've been to many cities, take a pedestrian street -and don't keep a very minor vehicular street, encourage our development, encourage proper development and not be negative now when you have a chance to be positive. Mayor Ferre: Mr. Treister, I am not being negative and I don't think Mr. Plummer is either. There arelfour of us here, two of us have expressed an opinion, I agree with Plummer and I want to tell you that I am for the application by Joseph Garfield and Kenneth Treister for the vacation and closure of Rice Street between Florida and Grand Avenue as per tenta- tive Plan 1129, Mayfair Subdivision, after you have voluntarily told us what you'rg going to do for the welfare of this community. Mr. Treister: Can I voluntarily tell you what I'm going to do? I put it in a legal document, if I could just refer to it. We were told yes- terday by the City Attorney that for you to act tonight we had to com- mit ourselves legally. I would like a copy of that, if I could, Mr. Mayor or somebody. Mayor Ferro: Ken, look, what I'm saying to you very simply in very simple terms if you have already stated here on the record that it is your opin- ion that this is going to cost $200,000 and much more than $200,000, you think maybe as high as a million dollars. I guarantee you that the ap- praisal of that property doesn't go much over $500,000 and so all we're asking you to do is to chisel it to stone, the figure, and go on with your project. Mr. Treister: Mr. Mayor, we're not buying a piece of property to build on. If you want us to build a building on it that's a different story. We're not going to build it but let me tell everybody so it's clear what we're going to do at our expense: (1) At our sole expense - this gets recorded, it runs with the land - at our sole cost and expense we're going to do all the street improvements as per a design that has been approved by your Planning Department. Mayor Ferret Put a dollar value on it, please, sir. Mr. Treister: Mr. Mayor, I*can't, I wish I could, it would take detail drawings and many.months obviously to do that. Secondly, we're going to maintain at our cost forever, there is no way to make a dollar value. What off -duty policemen cost and what cleaning people cost and what landscaping costs, we're taking a calculated business risk that you 218 JUL 2 31981 i understand, that we will maintain it and not the City. The third thing we're eoveting, that it will be always open to the public at all times forever. We Also*tay that if we ever want it modified the planning Department will have to approve it, it will have to go on record. The next thing we'said we would do which D.O.T. asked us to do, that if necessary, if there is a signal light on Mary and Grand we pay for it, a possible 30-$40,000 cost we said we'd pay. That is not for our use, it is for the community use. D.O.T.T. said they wanted Mary Street widened to three lanes, Mr. Mayor, we said we'd pay for that. I don't know what it is going to cost but it is certainly something that we want to pay for if we get this. We would pay, if the Public works Depart- ment pulls up their utilities we'll replace all the paving, even though it wasn't our fault, all the improvements at our cost. These are all dollar values, I don't know what it is worth. There is no way that we can determine it but if you want the public street.... Mr. Lacasa: Obviously, Mr. Treister, since you are not able to come with a figure let's see what Mr. Luft has to say. Mr. Luft, I understand that you have been the staff member in charge of this project. What is your appraisal of the value of the improvements proposed by Mr. Treister that are included in this covenant that has been submitted by him roughly? Mr. Luft: Roughly I would guess it would be between $600,000 and $700,000 all totaled. The current cost of building malls today, and these are estimates now from designers that we are negotiating with on Flagler Street and the pedestrianization study downtown, the rule of thumb is a million dollars a block for a mall today, Nicolet Street Mall, those are sider street, right. This is not a long block, I don't think it is a million dollars, I think it is half or a little more than that. I think if you want a dollar value on it you ought to ask Mr. Campbell in Public Works who are the estimating experts to make an estimate on it but I can say that that's my personal opinion. Mayor Ferret Mr. Campbell? Mr. Campbell: Mr. Mayor and members of the Commission, if you're speak- ing of the improvements that are to go into Rice Street itself, I have absolutely no idea how much it would cost because I don't know what they are. As far as Mary Street goes... Mayor Ferret That's not the question. Mr. Gary: The value of the street. Mr. Campbell: The value of the right-of-way? Mr. Lacasa: No, what we are discussing here is the value of the improve- ments proposed by Mr. Treister to Rice Street. Mr. Campbell: I have no way of making any assessment of that. First off, the plan that is incorporated with he covenant is the first plan that I've seen that innumerates what they're going to put, walls, trees and so on. I did see a colored plan with no demarcation on it, no indication of what items were going in, that was at the Zoning Board Meeting and as I say, I have not been able to assess any evaluation to the improvements in Rice Street itself. As to the improvements around the block, Mary Street would run around $25,000. The traffic signal, I believe the D.O.T.T. indicated that it would be approximately $40,000 if it is necessary. The other im- provements on Florida Avenue and on Virginia Street which would be required by the Plat anyway, probably another 25 or $30,000. Mr. Lacasa:' So all together you're saying that outside Rice Street we are talking about $100,000? Mr. Campbell: Roughly $100,000. Mr. Lacasa: Plus whatever it is in Rice Street which Mr. Luft estimates as roughly over half a million dollars according to the comparisons that he is making with what it cost the City for Flagler Street and so forth. Well, let me tell you, my position basically is this: I want to see May- fair III, I want to see this type of promenade with public access, I think it is good for the Grove, I think Mayfair as it is today, and I rem- ember when it was built and it was from the business standpoint of view a calculated risk and I understand that there were very rough years at 219 JUL 23 1��1 the very beginning of that operation. The Grove has gained with that and thus the City of Miami. From the standpoint of view of the question of whether or not it is a giveaway quite frankly I have my reservations leg- ally speaking we do not own that land, we are the trustees of the land. If we abandon the land, so the City Attorney says, it will revert back to the owners of the abutting area, in this particular case it is the devel- oper, the applicant on both sides of the street so that takes the burden from me of believing that we are giving away something that belongs to the City of Miami.. if we agree that Mayfair is a good thing for the City and for the Grove, if we agree that this is going to beautify, that this is going to bring more tourists as a gentleman spoke about this said, if we agree that the whole concept is a positive one there is a give and take type of a situation where we in the City can do very little to promote this type of thing because we do not have the money. If the City of Miami were to embark in trying to beautify the Grove at that level we wouldn't be able to do it because we just don't have the resources. What is what we have? We have the ability through the exercise of our authority and a certain degree of flexibility to cooperate with developers that are willing to take the risk and have the financial ability to create this type of situation for the City. So, I for one am willing to bite the bul- let on this one based on past performance which is to me a very good indi- cation that we are not buying empty words, we are buying the reality which is for everyone to see just by walking three blocks in that direction. So based on that, I am willing to move that we grant the applicant this. Mayor Ferro: Let me ask this question now. You know you say it is give and take, you know we've been talking about the give and now we're beginn- ing to talk about the take but the problem is that I think we need to get that a little bit more clarified. Are you saying that we're going to give without getting anything? Mr. Lacasa: No, what I am saying, Mr. Mayor, I am stating my position in this situation as that we are - I am not saying that we are giving without gaining, I am saying that I am putting a value which Mr. Treister has re- fused to do so I have gone the way of asking our staff member, Mr. Luft and I am putting a value on this and that value comes out to about over half a million dollars in improvement of Rice Street, about $100,000 ac- cording to Mr. Campbell in the neighborhood areas plus the other advant- ages given by the covenant which includes the maintenance and the secur- ity that is being provided. To me that has a value, on top of that it has the overall value of the public benefit for the development of such a type of a project so that takes, as far as I am concerned, the question of the value. Then the question of the legality, I explained to you that my mind has been cleared by the fact that our City Attorney has stated that legally we do not own the land but we are only the trustees of the land so we are giving away nothing. Mr. Plummer: Let me ask you a question. Whipple or whoever is from the department, Mr. Luft, if you're speaking, whoever, I'm not trying to designate, has any consideration been given to a land swap? In other words the same amount of square footage that he is getting for Rice Street, that we take off and he gives to the City on the Virginia side, has that been considered? Mr. Mc Manus: No, it hasn't, Mr. Commissioner. Mr. Plummer: Well, but I think it is a viable alternate for the flow of traffic. R#v. Gibson: That wouldn't help. Mr. Plummer: No, Father, it would help as far as traffic is concerned in that particular area but what I'm saying is if, in fact, we take and trade like for like, in other words he's gaining 13,600 square feet of Rice Street. Okay? Now, let him give us 13,600 square feet of Virginia, in other words chop that off 50 feet. Mayor Ferret That's never going to happen, J. L. Mr. Plummer: Wall, I'm asking, I'm trying to find a conpromise is what I'm trying to find. Mayor Ferret Let him put a monetary value..... Mr. Plummer: I'm just asking, that's all. 220 JUL 2 3 1981 it Mr. Jack Luftt Commissioner, if you want to trade a street tot a a street you can do that. I don't know if it is legal or not but that's what you'll get, you'll get another street for Rice Street. What we're _ E talking about is a mall for a street. Mayor Ferret What.would you prefer to have? i Rev. Gibson: You're talking about what? Mayor Ferret We're going to get something better, what he's saying is we're going to get something better than the street and that's a pedestrian _ F mall and I agree with that statement. I am totally in agreement with doing _ this, my only hangup now is what is the value, that's all. Mr. Strauss: May it please the Commission, just three points of clarifi- cation, I'll be very brief. (1) It has not been pointed out to the Commis- sion that Mr. Treister will be building above the street 4 or 5 walkways — across so he's not building on it but he's taking the air rights above it. , Mayor Ferret Wait a minute, I didn't realize that. In other words there is construction above? Mr. Strauss: Yes, the only way trees will grow there will be with a grow - light because there are three or four, he presented to the Planning Board at least unless it has been withdrawn since then, he showed a different design showing walkways on the second floor across, as a point of clarifi- cation. Mayor Ferret Are there any connectors, counselor? Mr. Traurig: Absolutely wrong, all that there is is a pedestrian bridge from the east side to the west side on the north side of the street. Mayor Ferre: Where? Mr. Strauss: Pardon my terminology. Mayor Ferret Yes, but I mean that is a little bit different than the way you painted it. Mr. Strauss: All right, that's point of clarification #1. Point of clari- fication #2, he does not own both sides of the abutting property. That is in litigation right now, as I pointed out there was a private alleyway for the use of all abutting property owners. As a result of the conflict, that is in court right now whereby the building that I own may have a acquired at the end of the litigation the right to use a private alleyway to another public way. if this court grants Mr. Treister a public way as a private way I continue traveling into his private way if we win that litigation but that's not for this Commission, that's in court. So then let me get one other point of clarification if I may. The area of the sketch on Mary Street showing a third lane is a physical impossibility. Adjacent to the alleyway and my building is a loading dock. There are 16 wheeler trucks there all day. If you create another lane, they're double parked now, they'll be double parked then. me only has a two bay garage for all these trucks to come in. Mayor Ferret Counselor, three members of this Commission have already ex- pressed their view, as I heard it, that we are in accordance of the vacating of Rice Street and making it into a pedestrian mall as recommended. Now, the only thing that two of us seem to be hung up on at this point is the question of determining a just value. Now, Mr. Lacasa recommended, suggested that in his opinion he is going to follow Jack Luft's statement that it is worth at least a half a million dollars and that satisfies him. And all I am asking is, plus 100 which is $600,000. All I'm asking for the developer to do is to stipulate that and to stipulate that he will spend $600,000 in improvements in that general area and I don't have any problems at that point. Mr. Treister: Mr. Mayor, just so I understand what you're asking. We plan, and taaybe I shouldn't say it because I don't give it away before you ask for it, we plan to continue the brick sidewalks to the City's specifications on Virginia.... Mayor Ferret Well, of course, that includes that. 221 �uL 1981 y Mr. Treister: .,. we're planning to do it on Florida Street, we're plashing to do all the trees without asking the City for any money. Mayor Ferret Mr. Treister, you are a very smart businessman and a very good architect but you don't listen too good. Mr. Treister: Well, you know we're talking about my money so I want to just ask a couple of questions. Am I understanding what you're saying, that if the total improvements cost $600,000 that that satisfies us? Rev. Gibson: That satisfies us. Mr. Treister: You know, it's like shooting craps, I have no idea what it is going to cost. What happens if it costs less? And one other question if I may. How do you evaluate the maintenance and to what degree is that going to be maintained? We'd like to maintain in a very high degree and how.are we going to figure that cost over the next 50 or 100 years? Rev. Gibson: Plummer? Mr. Treister: Excuse me, my lawyer just said we capitalize the annual cost, and I'm not sure what it means, but I think it is right but if that goes in the equation we'll spend $600,000 and give you the change, we'll give the change tQ west Grove wherever the City wants to spend it as long as it is in the public benefit. Mayor Ferre: Hey, all I can tell you is I tried. Don't be upset, I tried. Now let somebody else try. Mr. Plummer: Well, I'll tell you, there is always a good way to make them understand. we defer this item and let them sleep on it. Mr. Treister: Mr. Plummer.... Mr. Plummer: Mr. Treister, the Mayor is trying to send you a message, sir, and you ain't received it. Mr. Treister: Well, I said we would do it, now I don't know what else we can do. Mr. Plummer: But I want to give you 40 days to figure it out. Mr. Treister: Well, I would just ask the Commission if we can build this tree lined street we're asking tonight and I think it is completely ir- respective to what we've asked for and we said we'll do all these things, we don't know what they'll cost, no one does, we said we'd spend the $600,000, if that's not good enough.... Mr. Plummer: Mr. Treister, you said that before, sir. I heard you well. Mr. Traurig: I'm not sure the Mayor understood Mr. Treister's answer and I would like to try to answer it again for him, if the Mayor could, when the Mayor gets a chance. Mr. Lacasa: Bob, are you saying that you a,a willing to stipulate that you are going to spend $600,000, the $600,000 as per the plans and the the sur- rounding circumstances, so in other words you are accepting to stipulate the $600,000 in expenses? Mr. Traurig: Well, I want to make it very clear that what he said is that the total cost of all of those capital improvements that you are describing as well as the capitalized value of the maintenance cost would be $600,000. So that, for example, if the maintenance cost is $10,000 a year then the capitalized value of that is $100,000. Do you follow me? Mr. Lacasa: Yes, I follow what you're saying...... It's a deviation from what I was saying. What I was saying is according to but actually I think that. we are not being very alert, shall we say, in this particular point. Mr. Traurig: I hear you. Mr. Lacasa: Mr. Luft, our staff planner, has placed a value on the improve- ments that Mr. Treister has submitted to his consideration and our's at About a half a million dollars. This is our own City staff saying that that is what it will cost you, whstev ffU say that you were going to do on Rice ++��))�r J U L 23 1981 r Street. Furthermore, the other gentleman member of our staff believes that about an additional $100,000 will be the value of the improvements trade to Mary Street, to Virginia and whatever which adds to $600,000. Those, sir, are the figures given to us not by you because you have re- fused to give us those figures but by the members of our staff which quite frankly in this particular case, no offense, has a little bit more i credibility simply because they are objective and they are advising the City which is their euployer. So to me the $600,000 that they claim that what you say you're going to do is worth, I accept that figure. So all I am asking you now is if you are willing without any more compli- cation of capitalization of maintenance or anything else to stipulate that you are going to spend those $600,000 because actually you are saying that you are going to do that by describing, Mr. Treister, what you are going to do and the value is being placed and set by our own staff so there you have it. So this is as far as I go. If you are willing to stipulate this ` I am willing to move that we approve this. Mr. Treister: Mr. Mayor, we're going to do it, we're going to agree to it, I want one clarification again, if I might. Mr. Strauss brought it up and I'm sorry I didn't mention it in my presentation, we plan to have, again open to the public, a pedestrian overpass for a small portion of this which connects our two sides of the street which will be open to the public and actually has an opening down to the bottom. But anyway, we're going to prove that, we'll spend $600, forget the maintenance. Mr. Plummer% $600? Mr. Treister: Don't be surprised, they're surprising me, that's what they said, $600,000. Mr. Plummer: You didn't say thousand dollars. Mr. Treister: I'm sorry, you know the numbers start to lose themselves late at night. $600,000, but we just want it to be all the improvements on the public streets and if that's the case we're willing to agree to it if you will allow us to proceed. Mr. Strauss: Mr. Mayor, one more question from me, please, and a small statement. My question is once we have told Mr. Treister how much to spend how do you think he is going to figure out how to do it? The other is his presentation the other night represented that this overpass could also include the airconditioned sit -way type restaurant and if that is a small overpass that's worth majoring, my last question is what is the value of 26,000 square feet of retail space? That's a lot of money. That with the value of the street is far in excess of $600,000 once when he can collect this every year. And if you can't make money on it.... Mayor Ferre: Look, we're trying to decide, what do you think he ought to pay for it? Tell us. Mr. Strauss: I don't think he should have it, Mr. Mayor. Mayor Ferro: Well, I heard that but three of us believe that he is going to get it, the only question where we're at is tryir7 to figure out what the value is. Mr. Strauss: It is far far in excess of $600,000 when you consider 26,000 square feet of rental space available to him not to mention the acquisition of the square footage of the property itself. That's all I can say. UNIDENTIFIED SPEAKER: Mr. Mayor and Commissioners, just one clarification. Mr. Treister has taken what you have said, that's $600,000 for the public way, he has now - and I us'e the word snookered because I think it applies - he has now suggested that his overhead walkways and a restaurant or whatever would be incorporated in the $600,000. Mayor Ferro: No. UNIDENTIFIED SPEAKER: It is, apparent to me, that's exactly my understand- ing, Mr. Mayor. Mayor Ferro: Well, that overhead walkway is not included. Mr. Treister: No, but there is no restaurant, you know, some people are 223 JUL 3o is81 �J saying things that they shouldn't. restaurant, It's an open walkway, there is no Mr. Locasas There in a very simple way of assuring ourselves that it is going to be that and that is that Mr. Treister will submit the building plans to the City where the specifications for the improvement of Rice Street will be included.... Mayor Ferre: With the dollar values added. Mr. Lacasa: And then we will be able to assess the real value of it. Rey. Gibson: Mr. Mayor, I read a story. You notice that I didn't partici- pate in all this argument but I listened. I heard a story the other day of a man and a woman who bought a little house as their summer home and the woman was carried away with these blue spruce trees that were all ar- ound this little house. They stayed there about 20 years and all of a sudden the husband decided that he ought to take his saw and cut all the underbrush of these beautiful spruce trees that just engulfed the house and every afternoon when he came home to use that saw she began looking at him as much as to say you'd better not touch those trees. Anyway, the husband was determined, he paid no attention to his wife because the way it was these blue spruce trees even prevented them from going into the house and the husband decided Okay, there it goes and down came the under- brush of blue spruce trees. It wasn't until the underbrush and all those limbs from around the house were cut down that the wife discovered that she got sunlight, that she got some breeze, she was able to see through such as she had never been able to see before. As I hear us talking about little Rice Street and as I hear us argue to and fro about the price tag, I am reminded of that story because the wife finally said that she hoped that no more in her life that she would let the underbrush of these blue spruce trees deny her of light and of breeze and of the ability to see through. I hope we will take that into consideration as we deal with this matter. I presume like most of you I have lived in the Grove 35 years and I pretty much know the temper of the Grove and I would hope that the Grove will not hold onto the "blue" oak trees and that they would let the husband which would be the City agree with Mr. Treister and cut those branches that engulf that house we have there and that by so doing we might see some light which we need to see and that we might get some fresh air that we need to have and that I think our community will be im- proved and I just thought I had better wait until all of this was said and make sure that we who are holding to the point of no change, no change, no change would not be guilty of what that wife was guilty of, not wanting her husband to put that saw to that tree. And if I'm in order, I'm pre- pared to offer a motion, the appropriate motion to permit this gentleman to go on and to do what he has proposed. Now tell me what the wording ought to be and you have my support to offer that motion. Mayor Ferre: Mr. Lacasa, since you were getting, Father is making a motion, you previously were in the middle of something so you'd better help him word the motion. Mr. Lacasa: What is the motion, Father? Mayor Ferro: Well, he says he's willing to offer the motion and ne wants the wording on the motion, you were working on that. Mr. Lacasa: The motion, as far as I am concerned would be a rather simple motion. I am for approval of the applicant, and, of course, we cannot con- dition our approval but he is volunteering this covenant including the $600,000 in improvements so that would be about it. Mr. Plummer: And the plans approved by the Commission. Rev. Gibson: Well, I'll be delighted to offer the motion. Mayor Ferro: Well, let's get some stipulations in that. One is that the $600,000 is not as he says they're going to be spent but they have to be verified by the City of Miami'and it has to be verified in a reasonable way. And I think we have to put a value on it somehow so that we're head- ing in the right direction before the and of the project and then there are some stipulations with regards to traffic and transportation and the Coconut Grove Chamber of Commerce is concerned with regards to Virginia Street which, of course, we don't control, other than that it is a a 224 .... } { two -May thoroughfare but certainly we would want to ask Metropolitan Dade County to do that and the question of signing and the question of widening of Mary Street is stipulated by the Public Works Department. If you in- clude those in there I think I'm all right. # Rev. Gibson: I have no objections.— . Mr. Treister: Well, lair. Mayor, we can't tell D.O.T.T. as private developers... j Mayor Ferre: You don't listen, do you? That's exactly what I said, I said — that we don't control what Metropolitan Dade County does or doesn't do but we would certainly go along with the idea of making Virginia Street two - ways. Now, isn't that what you just said? Mr. Treister: We don't have any obligation. Mayor Ferre: And neither do we. I said that even though we do not control that we certainly would go along with recommending to those that do make that decision that that be done. Now, have I missed anything? Plummer? Mr. Plummer: Mr. Mayor, just the bug I'm getting from over here on the other side, the vibrations, it is completely understood that is being volunteered by the developer and is not a condition of demand for approval. Mayor Ferre: That's what I thought I heard. Mr. Traurig: He came into the room with the intention of offering the $600,000. Mayor Ferre: Well, that's very nice of you, counselor, and I want to tell you.... Mr. Plummer: Which room did he come into offering that? Mr. Traurig: We do acknowledge that we have committed to the expenditure of the $600,000 for improvements as described at your table. Mayor Ferre: That's a voluntary statement on your part? Mr. Traurig: Yes, sir. Mayor Ferre: Okay. And that's the sense of your motion and your second? Rev. Gibson: Yes, sir. Mayor Ferre: Plummer, any other corrections or improvements, changes, conditions? Mr. Plummer: I've made my points, Mr. Mayor. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-723 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF RICE STREET LOCATED SOUTH OF THE SOUTHERLY RIGHT—OF—WAY LINE OF FLORIDA AVENUE AND NORTH OF THE NORTHERLY RIGHT—OF—WAY LINE OF GRAND AVENUE, FOR A DISTANCE OF * 277.28', AS PER TENTATIVE PLAT NO. 1129 "MAYFAIR SUBDIVISION"f SUBJECT TO THE PROVISIONS DETAILED i IN THE LETTERS ON FILE DATED JULY 6, 1981, FROM KENNETH TREISTER AND FROM EUGENE L. SIMM, DIRECTOR, DEPARTMENT OF TRAFFIC AND TRANSPORTATION, ATTACHED TO AND MADE A PART OF THIS RESOLUTION] ALSO SUBJECT TO CITIZEN'S INPUT, AND AC— XNOWLEDGING RECEIPT OF -A VOLUNTARY COVENANT FILED BY APPLI— CANT IN CONNECTION HEREWITH. (save follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mr. Lacasa and Mayor Ferre. NOES: Mr. Plummer. J U L u �81 ' ABSENT: Mr. Carollo. Mt. Plummert MY dear father Gibson, I heard well your story of blue spruce trees, my only problem is I don't see this particular case in that category, I sea it more in the category of the spruce goose that only flew once. I cannot agree, I think the City is entitled to something more than what has been offered. There is no question that the developer is gaining monetar- ily, the City is not, in my estimation being dealt with fairly, I just can't Mote for the notion and I have to vote no. Mayor Ferres Well, I have already stated that I was voting with the motion. I just want to put into the record that we're not going to stop progress and change in this community, the only thing that we can have some influence on is the quality of it. Now, as far as I'm concerned Mayfair is one of the best things that has happened to the City of Miami. I'm just sorry that it didn't happen sooner, I'm just sorry that there was some concern in the beginning as to the success of it. I think it took a tremendous amount of courage on the parts of Mr. Garfield and Mr. Treister to stick their neck out as far as they did. I doubt if there are very many investors anywhere that would have done what you did, that was a long shot. There was no guarantee, now you were lucky, a lot of things went your way, values and a boom in the last five years and what have you but I guarantee that if we had gone into another dip like we did in 74 you wouldn't be standing right there talking about an expansion. I think that the hotel that you're pro- posing there is exciting. I think the improvements that you're talking about are exciting and I'm all for the pedestrianization of the Grove area, wherever we can do it without doing harm, the only question in my mind was what value was going to be placed on it. I don't think you had defined it clearly enough, I frankly don't know what it is that you've been arguing about because I've got a feeling that you're going to end up spend- ing a lot more than $600,000, knowing the way you do things. When you start fooling around with copper and cobblestones and more bricks and you're not going to want little palm trees, you're going to want big palm trees, and you're not going to want this, you're going to want, you know, and then you're going to sit there and supervise it all yourself and have people down in Honduras carve the doors or some other thing, you're going to spend a lot more than $600,000. So, but I just wanted to make sure that that was very clearly volunteered and stipulated and that that value was clear. I think what we gained is a community, what the Grove will gain, what Miami will gain, the openness of it. I tell you, if you had told me that you were going to put gates I would have voted against this thing. The fact that it is going to be open and accessible to people to walk through I think is going to make it attractive, I think it is going to be_a great addition to the Grove and I vote with it. NOTE: MR. YIANNIS ANTONIADIS, ARCHITECT, CALLED MAYOR FERRE'S OFFICE AND REQUESTED THAT SINCE PE WAS GOING TO BE OUT OF TOWN BE WISHED HIS PROTEST TO BE ADDED TQ THE PUBLIC RECORD IN CONNECTION WITH THE CLOSING OF RICE STREET. 96. FINAL CONTINUATIONs sm-1 Cmam isLAND DIET? ms. Mayor Ferre: We're on Item #1, there are six people here on Item #1. Off-street parking, residential development. All right, counselor, we're on Item N1, that's your item, you wanted it to be discussed. Janet? Ms. Janet Coopers Will the Commission renew my request to defer this for a full Commission? Mayor Ferre: All right, there is a request by Ms. Cooper that we defer this item until there is a full Commission. Item Al, Counselor, you, I assume disagree with that deferral? Mr. Robert H. Traurig: Yes, sir. Mayor Ferre: Why don't you tell us why you want it deferred and then you tell us why you're against it being deferred. Ms. Cooper: I would like to have the input of the fourth Commissioner on this item since Mr. Lacasa has recused himself. Mayor Ferre: She's right. Mr. Plummer: Oh, I'm sorry. Mayor Ferre: What she is saying is that she wants it to be 4 to 0 rather than 3 to 0. Ms. Cooper: I hope it will be that way against the motion. Mayor Ferre: Counselor? Mr. Traurig: Mr. Mayor, this matter has been before this Commission for so long I think the Commission understands the issues, we have had First Read- ing, this is a Second Reading, a re -hash to things you've already heard, I don't think it will take very long and I would appreciate it if the Commis- sion would hear it and dispose of the issue. Mayor Ferre: What is the will of this Commission? Mr. Plummer: Mr. Mayor, I want to state on the record very clearly as I have stated to Janet I am in favor of the motion, I am willing to listen to any strong arguments that they feel might in effect change my mind. I'm willing to do that. But Janet, I want you to know very clearly that at this point I have voted for it, I did it after all of my research and I'm not changing my mind but I'm not closing it so tight that I'll listen to good arguments. Now, I want you to know where I'm at. Mayor Ferre: The question is are you willing to defer this item yes or no? Mr. Plummer: Well, I've got to ask the developer. Okay? Now, there is no question this damned thing has been deferred and deferred and it is worn around the edges. Mr. Traurig, how critical is it to you, sir? Now, you know, you've stated on the record that this really doesn't affect the first half, it affects the second half and you know, the second half, as I know, is not ready for development. Mr. Traurig: Well, that's the parking aspect, the other part was the ground level open space, you know, I just looked at my file, Mr. Plummer, we've been dealing with the City,on this issue since June 1980 and it is just some- thing which has been discussed with Janet in the room and making presenta- tions over so long a period I don't see any advantage to her or to the com- munity in deferring it. Not only that, we've brought in people from Wilbur Smith and we brought in our team from the west coast of Florida and we have boon sitting in these chambersfor four hours and we just think it is appro- priate to have it heard. M JUL 23 1381 Mr. Plummer: Well, Mr. Traurig, please, so that we understand each other, and it's not Janet's fault nor my fault or this Commission that one member is absent? Okay? And I'm sorry. Mr. Traurig: The burden is on us because we're the ones who have to get the affirmative vote so the lack of one Commissioner is detrimental to our side and not a positive thing. Ms. Cooper: May I point out that in December, January and February past when Father Gibson was sick Mr. Traurig himself or by his representatives asked for deferrals based on lack of a full Commission, it was not only the fault of the city's improper notice or inadequate notice, nor is it my fault requesting deferrals. What is good for the developer is good for the citizens and I would request the same deferral that the developer asked for and got three times because of the absence of one of the Commis- sioners. Mr. Traurig: The difference is that when we have to get three or four or whatever the required number is of positive votes the absence of one Com- missioner is like a negative vote. We've got two Commissioners, missing right now, we're going to have to get all three of you, we think we will because you voted yes on First Reading, the facts haven't changed, we're willing to go that route. Mayor Ferre: What is the will of this Commission with the request of deferral on Item #1? Rev. Gibson: Of course, Mr. Mayor, technically or either otherwise she's right, we had already agreed that if there was a matter here that any person who was coming before us wanted the entire Commission to be pres- ent - and that was Mr. Carollo - since we made that ruling we've got to live with it. Mayor Ferre: Counselor, this matter is deferred until the next Zoning hearing and, now, Ms. Cooper, so that we understand each other very _ clearly, we accept this once but next time if there is a Commissioner _ missing I think we will take it up and vote on it. Ms. Cooper: There were three deferrals on the same grounds by the developer and I would state that in the record again. Mayor Ferre: You can state anything you want into the record, I'm telling you that next time around if I'm chairing this meeting unless I am over- ruled by three members of this Commission we are going to hear this case. Mr. Traurig: May I ask before we leave the room, ask Mr. Percy whether or not the failure of the Commission to take action tonight will have any affect on the Commission's ability to pass this on Second Reading in Sep- tember? Mr. Percy: It is our belief that the legislative act taken by the Commis- sion on the First Reading effectively tolls the time for the 90 day rule. Ms. Cooper: I disagree with that and full intend to raise that. Mayor Ferre: I don't care what you agree with or disagree with but we are going by what our City Attorney says. Are you telling us, Mr. City Attor- ney, that if we don't hear this item tonight we're going to not be able to vote on it at the second hearing? Mr. Percy: No, sir, to the contrary. Mayor Ferre: Oh, I see, we can vote on it the next time. Mr. Percy: Yes, sir. Mayor Ferro: Okay, then there is no problem. Ms. Waldmans For the record I do not agree to that statement. UNINTELLIGIBLE CONVERSATION, EVERYONE SPEAKING AT ONCE. Rev. Gibsons No, no, let me ask. Are you telling me that because a Cow- missioner is not present and because time, then that would mean time would 228 JUL 23 1981 run out againat him and he doesn't have the fight to have this matter brought before use is that what you're telling so? i Ms. Coopers If you'll allow me to get the Code I'll read the section to - you. Rev. Gibson: No, whether you get the Code or not, that man has a right and a Commissioner not being here, listen, a Commissioner not being here should not deny that man of hiss right. My being sick should not deny anybody of his right. I mean after all,. don't let's use technicalities to evade the law, my God. And if that is the case, I'm willing to offer the moticn to proceed. I woouldn't want that man to be..... Ms. Coopert Well, I'm prepared to proceed, I've requested deferral but I'm prepared to proceed and I'm prepared to offer substantial evidence not repetitive of what was offered last time that I believe will convince not only Mr. Plummer but also Mayor Ferro and Father Gibson that this should not be approved. And it is up to you gentlemen whether you want me to do it but I'm not going to be able to do it in three minutes, I promise you that. Mayor Ferre: The Chair has ruled that this item is deferred, the Chair ruled that this item was deferred at the request of Father Gibson, the only matter that was pending before us was whether or not we were legally entitled to do that and vote the second hearing in September, the answer was yes, Janet challenged that but this is not a court of law and that's where we got off, there's nothing I can do about it at this point unless anybody wants to argue further. Mr. Plummer: I haven't heard anybody try to overrule the Chair. Mr. Traurig: We thank you, we'll see you in September. Mr. Ongie: Mr. Mayor, we should call the roll on the deferral. Mayor Ferre: All right, this is a continuation of Item #1 for the pur- poses expressed under discussion. Moved by Gibson, seconded by Plummer, call the roll. The preceding motion introduced by Commissioner Gibson and seconded by Commissioner Plummer was passed and adopted by the following vote: AYES: R,ev.'Gibson, Mr. Plummer and Mayor Ferro. NOES: None. ABSENT: Mr. Lacasa and Mr. Carollo. SIP MR '}�,:L!t RjUI 97. SECOND READING ORDINANCE: CBD-2 DISTRICT, CENTRAL COIRIERCIAL. Mayor Ferro: We're now on Item #2, this is an ordinance on Second Reading for Central Commercial CBD District, it was moved by Lacasa, seconded by Gibson. Does Gibson move again on Second Reading? Do you object to that one too? Ms. Janet Cooper: I wanted to point ! something out to the Commission. For the record, Janet Cooper, 1901 Brickell Avenue. The Planning Department came forward with an application to increase the zoning so that we could have higher density zoning in this new district which they have not yet — mapped but which is proposed around Omni. The current zoning is for 2 FAR. The Department came forward and said that they would go as high 6 FAR in their recommendation. I stepped forward and concurred with that because I believe that there are areas in town and surrounding Omni is one where we do need an increased FAR and higher development. Certain developers had already planned their various buildings in that area, they came forward to the Planning Department and the Planning Advisory Board and they said, well, our building is planned for an FAR of 12, 15 or whatever and we would like to see it increased to accomodate our building that we've already planned contrary to the Zoning Code as it exists today. The Planning Advisory Board fell for it so to speak and increased the FAR to 8 over the opposition of the Planning Department then they came before you, these same developers, their attorneys who are well-known for being able to go into various Com- missions and pretty much influence the Commissions beyond what the ordin- ary citizen could do and they came here and they got it increased, the FAR on First Reading to 12. Now, what the Planning Department recommended was 6, three times what is permitted there now. There is a strain on the water facilities that are available, there is a strain on the utilities that the City will have to pay to hook up, I believe that an FAR of 12 is too high, I support an increase in FAR and in development but I believe an FAR of 12 is too high and I would ask this Commission to lower it. Mayor Ferre: All right, what is the will of this Commission on this Second Reading? Moved by Gibson, seconded by Plummer, any further discussion? AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW ARTICLE XV-1, CREATING A NEW CENTRAL COMMER- CIAL DISTRICT - CBp - 2; MODIFY SECTION 1 OF ARTICLE III, ZONING DISTRICTS_ TO ADD CGD-2; MODIFYING SUBSECTION (1); PARAGRAPH (6) OF SECTION 21, ARTICLE IV, PERTAINING TO HEIGHT LIMITATION; MODIFYING SECTION 27, ARTICLE IV, PER- TAINING TO COMBINATION RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS; MODIFYING SUBSECTION (1) OF SECTION 1, ARTICLE XXIII, PERTAINING TO MINIMUM OFF-STREET PARKING AND LOADING; MODIFYING SUBSECTION (1) OF SECTION 2, ARTICL.E XXIII, PER- TAINING TO LOCATION OF OFF-STREET PARKING AND LOADING; MODIFYING ARTICLE XXIV BY ADDING A NEW SECTION CONCERNING SIGNS IN CBD-2 DISTRICT; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, 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 25, was taken up -for its second and final reading by title and adoption. On motion of Commissioner Gibson, 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 Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferro NOES: HONE 11= Com. Joe Carollo J U L 2 3 1981 98. GRANT 1-YEAR EXTENSION FOR DRIVE IN TELLERS - N.E. 13 Street AND 2ND COURT. j Mayor Ferre: Is there a motion on Item #20 which is an extension for one year of the drive-in teller? Plummer, you had requested this so this is your baby. J. L., do you have any problems with 20? Mr. Plummer: Mr. Mayor, this is the one in reference to the drive-in tellers and, Mr. Mayor, they have shown me the plan and revised the plan to where there is in my estimation adequate stacking of cars off the street to handle the problems of traffic on their own property and I'm in accord and will move it if that is.... The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-724 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI, SECTION 1(5)(b) TO PERMIT CONSTRUCTION AND OPERATION OF DRIVE-IN TELLERS ON LOTS 1, 2 AND 3 LESS NORTH 5 FEET OF LOT 1 FOR RIGHT-OF-WAY; BLOCK 2; WINDSOR PARK 3RD AMENDED (4-145) BEING S.W. CORNER OF THE INTERSECTION OF N. E. 13TH STREET AND N.E. 2ND COURT AS PER REVISED PLANS ON FILE; ZONED C-4 (GENERAL COMMERCIAL). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson the resolution was passed and adopted by the following vote - AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Nol m. ABSENT: Commissioner Joe Carollo. I 2M JULtest `J 99. FIRST Rown;G ORDINANCE: CHANGE MCNING CLASSIFICATION 2801 S. W. 27th AVENUE FROM RCC TO C-2. The Mayor asked if there were any objectors present to Agenda Item #5. NO OBJECTORS APPEARED. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATIONOF LOTS 7 THRU 12; BLOCK 2; KING PARK (5-112), BEING APPROXIMATELY 2801 SOUTHWEST 27TH AVENUE, FROM R-CC (RESIDENTIAL OFFICE) TO C-2 (COMMUNITY COMMERCIAL), AND BY MAKING THE NECESS- ARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote- AYESt Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner 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. 100. DEFERRAL OF CONSIDERATION: CHANGE ZONING CLASSIFICATION S.E. CORNER OF N.W. 21ST AVENUE & N.W. 20 STREET FROM R-3 TO C-4. Mayor Ferret We're on Item #6 on First Reading. This is Burma Investment and this is a change from R-3 to C-4. The Planning Department recommended approval, the Zoning Board recommended approval unanimously 6 - 0. Is there anybody here who wishes to $peak against this? What is the will of the Com- mission? Moved by Lacasa. Is there a second? Mr. Plummer: Well, pull that map down and to the right. Yes, that way. Now# what this application is is to increase the C-4 and it is contiguous, but it is an encroachment on the K--3. Mr. Whipple: The R-j rortion to the rear or the bottom part, is ... been planned, and is scheduled as a mini -park site through our Community Development Program. This would deepen the zoning to the boundary of the park. The park would become a buffer to the existing multiple -family development to the south. Mr. Plummer: Who is the applicant? Well, you know, if in fact ... have we purchased that mini -park property? Mr. Whipple: We are in the process of doing it now, sir. Mr. Plummer: You know, it just stand to reason to me, that you're going to pay more for it if you increase the atoning around it, then if you left it. Now, you know, Whipple, I've got a problem here. I've got another problem. What is proposed for this site? Mr. Whipple: We don't know, sir. On a change of zoning it is not required that they present any plans. It Would be permitted whatever a C-4 zoning classification permits. Mayor Ferre: You know, I want to tell you something, Mr. Whipple. You're not being consistent. Okay? I'm going to recall to your memory Northwestern Meat Company. And I want to tell you how much I heard the department preach and preach, and preach that the justification was that we had more than we need of C-4 property, and there was no need for further C-4. And yet, here I see the department recommending the encroachment into a residential section of C-4. Something I'm missing. Mr. Whipple: Well, suppose we start at the beginning, then, sir. Mr. Plummer: That never hurts my feelings. Mr. Whipple: All right. Number one, based upon the land use and development } of the area, primarily to the west, we have across 21st Avenue, we have a parking facility that is developed even in the residential portion in conjunction with the commercial development further to the west. Mr. Plummer: But it's still R-3. Mr. Whipple: It's R-3, and it is parking, yes, sir. We do hesitate to provide for any new commercial development, such as C-4 or C-5. In this instance, as we pointed out in our fact sheet, this is one of not creating necessarily new C-4 in an area that shouldn't be, but providing an additional depth for commercial development. Unfortunately, most of the City in C-4 and C-5 is strip commercial. Strip commercial runs about 100 to 125 feet in depth. And on the basis of development as of today, this, on most instances, does not provide sufficient depth, or give ample opportunity for commercial development. Mayor Ferre: Further questions? Mr. Whipple: We're providing a buffer, or there will be a buffer behind this in the instance of public... Mayor Ferre: But you've already answered that. Further questions. Mr. Plummer: To the developer. Mayor Ferre: To the developer. Sir? Mr. Plummer: The applicant. What are you proposing on this site, sir. For the record, you name. Mr. Licea: Mr. Licea. I live in 221 N.E 1O4th Street. The idea, yea, I try to build some business warehouse. Mr. Plummer: Mr. Whipple. How long have you owned this property, sir? Mr. Licea: I owned this property about 4 years. Mr. Plummer: 4 years? Mr. Licea: Yes. Mr. Plummer: Is there anything, Mr. Whipple, presently on the site? Mr. Whipple: No, sir. Mr. Plummer: Tt's vacant. Mr. Whipplet It's vacant. JUL."-)1281 Mr. Plummer: Tell me, Mr. Whipple, what is on site to the east of 3,4, and 5. Mr. Whipple: According to the fact sheet I have in front of me, Mr. Plummer, we have a single family residence, a duplex, and a 4-unit apartment. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: I'm not the Chairman, Charlie. Mayor Ferre: All right. You haven't hurt my feelings. Mr. Plummer: You can only speak now if you promise not to preach. Mr. Charlie Hadley: But after you are here talking about this, my friends, I'm going to tell you, we have scattered sites there, we've got people all over in there. He knows it, and he knows it too. And you know it. I don't know how long you've been living in there, how long you owned the property, but people live all around in there. And there's no need... the ..... (inaudible) ........ over here on 21st Street you have the post office. The old post office is there. And you've got families living all around in there. I don't know where you're going to put these people, and I don't know why you want to just crowd these people because there's a lot of small things in there already. ....(inaudible)........ ...0...... There's a lot of scattered sites in there, and there's a lot of single homes. We don't have too many... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Hadley: I'm talking about from experience. I don't need that stuff. I'm talking from experience. I travel that way every day and work in that area in there. And my friend, we need to stop this patch stuff going on out there in that area. It's a good community, it's a mixed community. Mixed of all ethnic groups. That's what I like about it. And we don't need that out there. You don't need to change that just because this man is here. I know he needs money. Etas got to make money. He said he bought two lots. But my friend, we've got people living there and there's no other place for them to go. Mayor Ferre: All right. In the meantime, we have a motion by Lacasa, and a second by Gibson. We have a motion and a... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: For approval. This is a motion to follow the recommendation of the Planning Department, and the Zoning Board. Mr. Whipple: I'd just like to remind the Commission... Mr. Plummer: I move to table. Mayor Ferre: That is a valid motion. There is a motion to table. That goes without discussion. Now, when you table, you can bring it up , at any time you want, during this meeting, but not at the next meeting. Mr. Plummer: I don't want it tabled. I wanted to defer, but that's the only thing I can do when they've made a motion. Mayor Ferre: You can table it, that doesn't even require a second, does it? Mr. Plummer: Stops conversation. Mayor Ferre: Motion to table. Call the roll. Mr. Plummer: Why can't I bring it up at the next meeting. Mr. Percy: I don't know why you couldn't bring it up next time. Mayor Ferre: No, sir. There is a distinction and a motion to defer. They are different. Technically. A motion to defer requires a second 2311!4 4 -�L, . , .•I0f Mayor Fa a (continued)s and it is discussed, and when you defer it, you defer it to a time certain. Like at the rest meeting...it automatically comes up at the next meeting if there is no time stipulated. A motion to table automatically closes discussion on the motion, does not need a second, but is only applicable to the immediate time, and therefore, if it Is not brought up for discussion beyond this meeting, it automatically dies. Is that correct? Mr. Plummer: It isn't what'I understand. A motion laid on the table can be brought off the table at any time. Mayor Ferre: But under Mason's Rules, as I understand it, if you table it, you can only table it for the discussion at this meeting. And I guess it automatically comes up at the next one. Is that what it would do? I don't know. Mr. Percy: Under Robert's Rules of Order, Mr. Mayor, I was under the impression that it could be recalled at the next opportunity. Mr. Plummer: We're not under Roberts. Mayor Ferre: No, we're under Masons. Well, I don't know what the rule is, but you'd better find out what it is and... Mr. Plummer: Well, can I make a motion to defer? Mayor Ferre: You may. Mr. Plummer: I'll simplify. Mayor Ferre: Actually, you can do much more than that, because as we've been going along on this thing, any member of this Commission can defer an item, and we've been doing it all day. So you're entitled to defer. Do you want to defer? Mr. Plummer: Defer. Mayor Ferre: This item is deferred. That's the way we've been doing it all day. It's continued to the next zoning meeting. Sorry you've wasted all evening. Is there further discussion on that? It's moved by Plummer, I would imagine it's seconded by Gibson. Further discussion on the deferral until the next meeting? Call the roll. THEREUPON, on motion duly made by Commissioner Plummer and seconded by Commissioner Gibson, the City Commission DEFERRED CONSIDERATION OF THE ABOVE MATTER TO the next Planning and Zoning Meeting, BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 1G1. FIRST READIRG ORDINANCE: CHANGE Z014ING CLASSIFICATIONd BLOCK BOU11DED BY 11.W. 6 AVENUE, 6TH COURT, N.W. 58 & 60 STREETS "SIMPSON ADDITION" Mayor Ferre: Now, I will only take up the next item if Mr. Hadley agrees not to talk too long on it. Father Gibson: What item is that? Mayor Ferre: Item 8. Mr. Plummer: Well, he's going to speak in favor of it, isn't he? Mayor Ferre: Not too long. Mr. Plummer: Well, let's try to help Uncle Charlie go home early. Is there anyone here that's in opposition? Mayor Ferre: You sure now? Mr. Plummer: Is there anyone here, it's recommended for approval by the Planning Department; it's recommended for approval by the Planning Board... Mayor Ferre: So Was item 6. Mr. Plummer: One reply in favor in the remail, and two at the meeting. Now, is there anybody in opposition? Mr. Simpson. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: No, sir. You know, I ... were you here before when I explained that the least you say, the better off you are. Mr. Simpson, do you herein stipulate that everything herein contained is true to the best of your knowledge? Mayor Ferre: Plummer moves item 8(a). Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa. Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE FOLLOWING: (a) THAT PORTION OF TRACT B, AS PER TENTATIVE PLAT NO. 1130 "SIMPSON ADDITION" LYING BETWEEN THE WESTERN RIGHT-OF-WAY LINE OF 3 NORTHWEST 6TH COURT AND THE WESTERN RIGHT-OF-WAY LINE OF NORTHWEST 6TH AVENUE, FROM C-1 (LOCAL COMMERCIAL) TO C-4 (BOULEVARD COMMERCIAL); AND (b) TRACT "A" TENTATIVE PLAT NO. 1130 "SIMPSON ADDITION": FROM C-1 (LOCAL COMMERCIAL AND C-4A (BOULEVARD COMMERCIAL) TO R-C (RESIDENTIAL OFFICE); BEING THE BLOCK BOUNDED BY NORTHWEST 6TH COURT, NORTHWEST 60TH STREET, NORTHWEST 6TH AVENUE AND NORTHWEST 58TH STREET, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF -SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2,THEREOF0 BY REPEALING ALL ORDINANCES, CODE (COTiT1N = ON NEXT PAGZ) JULN 1981 0 236 t bN3 01 PARTS TIMM IN CONg'LICI, AND CONTAINUG A'SEV21"ILITC CLAUSE #as introduced by Commissioner Plummer and seconded by Commissioner h` Laohsa and passed on its first reading by title by the following vote: AYES., Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice q. Ferre NOES: None ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and as ounced that copies were available to the members of the City Commission and to the public. 102. VACATE AND CLOSE N.W. 6 COURT BETWEEN N.W. 58 AND 60 STREETS TENTATIVE PLAT "SIHPSON ADDITION" - DADE COUNTY HUD Mayor Ferre: We're now on the resolution. Moved by Lacasa, seconded by Gibson. Gibson seconds. Further discussion on 8(b). Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-725 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF NORTHWEST 6TH COURT BETWEEN THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 58TH STREET AND THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 60TH STREET FOR A DISTANCE OF +630' AS PER TENTATIVE PLAT NO. 1130 "SIMPSON ADDITION", dUBJECT TO THE VOLUNTARY DEDICATION OF THE EAST 12' OF TRACT "B" AND THE EAST 10' OF TRACT 'W' (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by Lhe following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 103 • C011T ME PUBLIC HEARING: PROPOSED REDUCTIOU OF 2011ED STREET WIDTH COMIELIA DRIVE Mayor Ferre: Item 9, is recommended for denial by the department, recommended for denial by the Planning Advisory Board. Is the applicant present. Is there anybody here... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Was item 9 deferred? No. You have 3 tonight. Things are getting slow, huh? Mr. Plummer: Yeah, but he hasn't won one yet. Mr. Traurig: Are you against this item? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Okay, go ahead. Somebody want to speak to this, or not? Mr. Plummer: Yeah, I want to speak to it. I have to ask a question. I've got a conflict here, in'my mind. The way this reads, it says that this is a Planning Department application. But then I read on and it says the Planning Department recommends denial. Now, what the hell is going on? Mr. Whipple: Well, that should say something right there. Hows that? Mr. Plummer: Yeah, you all are crazy. That's what it says. Mr. Whipple: We're always accomodating, air, even though we may not be in favor, the objective. Commissioner Plummer, on matters that amend the zoning ordinance, it's ususally not initiated by the general public. The department evaluates it, the staff evaluates it, and based upon certain things and requests, we would initiate it by which to bring the matter before the proper boards and Commission for their final decision. The fact that we initiate it, does not necessarily mean that we're in favor of it. We believe everybody should have an opportunity to be heard... Mr. Plummer: I understand. I understand. Mr. Whipple: ...and that we should not be the sole judge by which to make legislative decision. So on that basis, we did recommend denial of this item. And to keep the matter very short, we point out to the City Commission that property on the both sides of this street has potential for additional development and redevelopment, and we beleive that the zoned street width which is presently established at 50 feet is a proper width that is necessary to accomodate the development along this street. We also are the first to admit that as it is a unique street in Coconut Grove, the development of this street to a future widening has to be sensitive, has to be done with care. We may not develop it in total, in all areas, but it is needed to accomodate the foilage, the tree in the middle of the street that exists, and things of that nature and we believe that the 50 feet should be maintained for that reason. I believe Mr. Campbell of Public Works has a comment. Mayor Ferre: Mr. Campbell. JUL 2 3 1981 Mr. George Campbell: Mr. Mayor, members of the Commission, for the record, George Campbell representing the Department of Public Works. We have gone over this considerably, this item considerably with the Planning Department and with the applicant. We have developed what we feel is a viable method of achieving our ... all of our ends in that we provide for the traffic with 2 12-foot lanes, we provide for landscaping on either side of the street, and we provide for pedestrian access on either side of the street. One of the reasons that we don't want to bring down the zoned width on this is because of this tree. Now, if you're familiar with this street, this batiyon is right in the middle where Greenway Drive use to come in. It still does physically, but its been closed by plat. Mayor Ferre: One of the few big banyons we have left. Mi. Campbell: That's true. There are few of them. And this is quite unique in that it is in the middle of the street, and we would like to preserve it. This also gives us the flexibility of adjusting the location of the pavement back and forth in the even that there are trees in this area which they fall in curbe, what would be curb and gutter. We could shift this over somewhat in order to preserve those trees. Now, we did go out, I had our landscape man go out and look at them, the trees, and there are several trees which are, I believe, unique. One of them is a lang lang tree. I don't know if you know whet a lang lang tree is. Father Gibson: Yes indeed. I have one. Mr. Campbell: But I picked spme of the blossoms and they are beautiful. I think they call it a perfume tree. There is also a Malabar Chestnut which is a rather rare tree. The Malabar Chestnut is one that we would want to preserve. There is a ficus tree, a true fig tree, and various palms. Most of the trees that are there can be relocated with no problem. We would like to preserve the 50-foot zoned width in the event at some future date the development of the private property in there requires that for instance, we supply, we provide on -street parking. We have no intention of putting on -street parking in there at this time. But we would like to maintain the flexibility to work with the street and work around whatever vegatation is there. Mayor Ferre: Mr. Traurig. Mr. Robert H. Traurig: Thank you. For the record, Robert H. Traurig, 1401 Brickell Avenue. I have to disagree with my friend Mr. Campbell with regard to the need for the 50 feet of right of way. I'm joined here tonight by Bill Rosenberg of the firm Henderson, Rosenberg. And by Chalres Segar the architect, and more specifically, by David Plummer who has done the traffic study of this. Everybody knows this little Cornelia Drive. You see a lot of red there and it appears that a lot of people have objected, but all of that is Coconut Grove Bank. And the green is Willie Barroto. Right across the street, that little alley across the street from here off of 27th Avenue that doesn't handle any traffic except the local traffic that is on Cornelia Drive. The problem with the 50 foot right of way is that it will never be widened to 50 feet. Impossible. Unless you're willing to tear down all those outstanding trees. Mr. Rosenberg has done a detailed landscape study of every single tree on Cornelia Drive. At the present time, there are 5 trees within the 30 foot right of way. But if you expand to 50 feet ... you don't have 50 feet now. You just have a base building line at the present time. You don't own 50 feet. We're not asking you to give. up anything but merely to change the base building line area. But if you wanted to widen it to 50 feet, you would absolutely have to destroy 21 of those outstanding trees that he's talking about, including that'lang lang tree, Father. Mayor Ferre: What happeps to the banyon tree? Mr. Traurig: The baryon tree is in the middle of the street right now. If it ... you know its been there and cars go around it, and it can be engineered that way. Now, this is a very unique area. We don't want it... I want to make it clear that we want to develop on the went side of the street. We don't want to tear down any of these trees. And we will give 239 JUL 2 3 1981 Mr, 'Traurig (continued): the City an easement so that the City will have the additional 10 feet. And we will set back as if we didn't have that 10 feet. We're not seeking that kind of an advantage. But we don't think that it's necessary to have this very small street, short street, with a 50 foot right of way just to bring traffic to our development. I think the important thing is.to listen to David PlusoQer who will tell you of the analysis which he has done as to the number of vehicles that use that street, and why that street shouldn't get widened. So I'll call on him to address you. Mr. Plummer: Sir, are you running for the Legislature, Mr. David Plummer: Not this year. Mr. Plummer: You're making a mistake. (LAUGHTER) Mr. David Plummer: My name is David Plummer. I'm a consulting engineer with offices in Coral Gables, Florida. I was requested to do a limited traffic study to identify the needs on Cornelia Drive. I'll keep it very brief. Most of it is well known. We conducted traffic counts both on the weekdays and on the weekends. On the weekday, the 24-hour volume is only 120 vehicles. On the weekend, it averages only 80. It's a low volume, low speed roadway which I think people want to leave it that way. I think the second most important thing is what kind of function the street performs. And if you'll look at the diagram on the board, it falls into what we call a local category. I don't think the City fathers ever intended this roadway to connect Tigertail Drive to 27th Avenue. So, in our opinion, it should stay with the low-key design it now has. As Mr. Traurig said, we recognize the uniqueness of the landscaping in this area, but we also need to recognize the need for the City to keep flexibility in their road design. And we feel that a reasonable compromise would be the development of a perpetual easement along the 10 feet that the City wants with the appropriate building set backs as if dedicated, so that if the road ever needed to be widened, which we don't think will happen, the City will have all the property they need to do, to accomplish Mr. Campbell's design. Thank you. Mr. Traurig: Just very briefly, I'd like you to look at the Planning Department recommendation. It says very clearly that the Planning Department does not favor widening the street to a fully paved 50 foot cross section, and supports only 2 paved moving lanes. They're suggesting to you that the retention of the zoned width would assure protection of the landscape. That's what we want. But we're going to do it, we hope, by rather than dedicating that additional 10 feet, giving you an easement and a covenant that we will not distrub the landscape. We urge you,to change the 50 feet to 30 feet which will not change the geometrics of the streets at all as it presently exists. The street will have the same carrying capacity, it will serve the neighboring poperties exactly the same way that it presently serves it, and it will serve to protect the landscaping on the street. Mayor Ferre: Okay, Janet. M Mrs. Janet Cooper: Thank you. The very first issue, and the one that I really rise to address, is the issue of who the applicant is. Again, I raised this on another issue and I'm going to cover it as quickly as I can. Mr. Whipple stated that he, that the Planning Department came forward as the applicant begasue he felt that every citizen had a right to be heard. In the zoning code, there's a very clear procedure by which any citizen, when they're not a member of the Commission, not part of the staff pays $300 fee and gets an opportunity to be heard. It is not necessary for the Planning Department to take all these suggestions under their wing, that would benefit developers. And I would respectfully request this Commission study this issue and instruct the Planning Department only to have its application, those items which It genuinely brings to you of its own accord, and not at the suggestion of developers. Now, there's another thing I'd like to point out to you and I'm not going to tell you whether it's good or bad becasue I don't know wall enough, but the vt%ole point of this application is not saving JUL 23 1981 Mrs. Cooper (continued)t the trees. And t wish that the Mayor would pay attention to this because it's very brief. The whole point of this application is an increase in PAR that would result from this land. And I just want to point it out to you. I'm not going to tell you whether I recommend it or don't recommend it because I don't have an opinion on that. I'm just wanting you to know what the true issue is. And as far as what I heard here today, I just support the statement of Mr. Campbell. Mr. Gary Girard: Good morning, Mr. Mayor, Commissioners. Mr. Plummer: You had to remind us, right? Mr. Girard: My name is Gary Girard, representing the Coconut Grove Bank at 799 Brickell Plaza, the law firm of Kibrell, Hayman, Yanks. As the previous speaker said, the point is not the amount of traffic that travels on this road right now. This is the first step in developing the land that used to be the...in the name of the Fairchild Gardens and has been sold. My understanding is that the object of this is to build a minimum 12-story apartment complex, or office complex and preferably, an 18-story complex. Now, if you put a building on that size land right there, you're going to have a heavy traffic flow. You have 18-stories, or at least 12-stories to accomodate traffic flow in and out of there. And you've got trees that you've got to protect. And 30 feet is not enough. What they're going to do is they're going to come in here after they've got the variance and they're going to say, okay, now we've got only 30 feet here now we've got an increased FAR. We want to build to that and then and easement is not going to do any good afterwards. Mayor Ferre: Okay, what's the will of this Commission. Excuse me. Mrs. Marilyn Reed: My name is Marilyn Reed and I'm Dade County Chairman for Friends to the Everglades. Marjory Stoneman Douglas is my President and I'm her worker. Since this is an enviornmental issue, I wanted to comment. We would like to supprt the department's recommendation for the protection of the trees. Mayor Ferre: Okay. Mr. Charles Segar: That's our position exactly. My name is Charles - Segar, for the record, with offices at 9300 S.W. 87th Avenue. I'm an architect and currently have been retained to start the design of the building that's located on the property that's adjacent to Cornelia. The real question that's involved is that the land was purchaged to the 30 foot right of way in its initial pruchase. We all know that if you buy land as per FAR, that's an issue, number one. Number two, is it's really a serious question whether or'not Public Works has to go before the Enviornmental Preservation Review Board like we do. And I think that that issue is the key issue in terms of saving the trees. Public Works can tear down our streets without going to the Enviornmental Preservation Review Board. If we put the easement in there, we can't do that, and you know that. And that's all I'd like to say. Mr. Girard: I haven't seen the deed purchasing the property, but I would suspect, strongly, that the deed contains... is subject to all restrictions in zoning, and that zoning is 50 feet and whether or not their deed says 30 feet doesn't make any difference. Mr. Traurig: Well, I think that this Commission has heard the entire issue. Just so you understand about this very intensive development, we're talking about 54 units total on the entire project. So it's a very...that's the maximum that we could possibly ever achieve. And we're not sure we're going to achieve that much. So we're really not talking about a large development. We're talking about a very small development on that site. Mayor Fevre: All right. What's... Mt. plummets Well Bob, the obvious question that has to be asked, if you don't get accomplished what you're asking tonight, how many units can You build? UNIDENTIFIED SPEAKER: The number of units is independent. It's really... Mr. Plummer: Well, I'm saying, but if you don't get it, you don't have the floor area ratio. How many can you build? 44 instead of 54? UNIDENTIFIED SPEAKER: Excuse me, Mr. Plummer, but it depends on the size... Mayor Ferre: Obviously it*depends on size. And he's saying apples to apples. The same size..one and the other, if you don't get the extra FAR what have you got to cut down? Mr. Traurig: Let's put it in terms of square footage that we're talking about. We're talking about 10 feet times the width of the lot which is... Mr. Plummer: It would be the width of the street, Bob, not the width of the lot. UNIDENTIFIED SPEAKER: It's approximately 4 units, Mr. Plummer. Mr. Plummer: Excuse me. UNIDENTIFIED SPEAKER: It's approximately 4 units. Mr. Plummer: Difference? UNIDENTIFIED SPEAKER: It's about 3,400 feet involved, I believe, 3,400 feet. And I correct, Dick, in the terms of that 10 foot difference. Give or take. Mr. Whipple: I believe it's around between 4,000 to 5,000 square feet involved of land area. Mr. Plummer: All right. Let me...look, hey, it's no magic where I'm coming from. You're going to gain outright 10 feet. Right? UNIDENTIFIED SPEAKER: I don't know if we're going to gain that. I think it was already ours. Mr. Plummer: You're goink from 50 to 30. You're going to give an easement on 10. You're gaining outright 10. Mr. Traurig: No, no. Mr, Plummer, 25 feet on each side of the centerline if it's 50, 15 feet on each side of the centerline if it's 30. So we're gaining a total of 10 feet. Right. On our side. Mr. Plummer: 10 by what? Mr. Traurig: 10... Mr. Whipple: 10 by 300 and some odd feet. Mr. Traurig: 10 by 340 feet. So it's 3,400 linear feet. Multiplied by an FAR of let's say 1.6, 1.7. Mr. Plummer: That's 3,400 square feet. Right? Mr. Whipple: What I'd like to remind the Commission, this is just one property along the street. And I bring to your attention that we have already accomplished.the closure of Greenwood as a street so that you have a very large tract that will also be entering upon this street, and which incidently is provided the dedication for the 50 foot right of way. We only have one development that is talking here this evening. I grant to bring that to your attention. rrw JUL 2 - 1981 Mr. Plummer. I understand what you're saying, Mr. Whipple, you know, but I can't talk to people that aren't here. It's extremely difficult. Mr. Whipple: That's why I wanted to bring that to your attention that there is other property along this street which impacts it. Mr. Plummer: Let me tell you my problem, Mr. Whipple. Based on the application before, I see the applicants coming out on the plus sign about $170,000 of additional property. Well, my calculator I carry between my ears and you know, if they're gaining $170,000, what are the tax payers gaining, Mr. Whipple? Mr. Whipple: Sir? Mr. Plummer: No, I'm asking..no, no. I don't want to ask them, I want to ask you, sir. If they're gaining 3,400 square feet, and in my mind that's worth about $170,000. What are we gaining, we the public? Besides the Ying Yang tree. Mr. Whipple: Commissioner, I think you know that answer as well as I do really. Mr. Plummer: Mr. Campbell. Mr. Campbell: The public would be gaining the potential for a pedestrian circulation area, the sidewalk along there. Mr. Plummer: But that's in the 10 foot easement. Mr. Campbell: That's within the 10 foot area. Mr. Plummer: That's not what they're gaining now. I'm giving them the benefit of the easement. I'm talking about the other 10 feet. Thank you, Mr. Whipple. Mr. Traurig: I'd like to make something clear. Mr. Plummer: Please do. Mr. Traurig: We're only talking about one 10. The other 10 feet is on the other side of the street. Mr. Plummer: I understand that. That's 10 foot ... I fully understand that. Mr. Traurig: The real issue here is since the City doesn't own this, and we're not asking the City to vacate something... Mr. Plummer: We're the trustees. Mr. Trauri-' No, no, no. You have no...this has never been dedicated. This is owned by us. And the City Planning Department, and the Public Works Department said we're not going to widen the road,,we don't need it for that, but we don't want these people to use it in some way that will destroy the trees. And we're saying the same thing. Since you don't need it, let us keep land we already own, that we bought, that we paid for, that we own, and we'll guarantee to you that you can take it if you need it. And we'll give you an easement, perputually, over our land. But don't deny us the opportunity to get the credit for land that we own that you don't have need for. That's the point. Mr. Plummer: Bob, we ain't denied you yet. Mr. Campbell: If I may. -This is approximately the line of the right of way now, in here. And you'll see it projected up, it's over here. Now, this is I would say about 3 feet here, which would mean that we would end up with 9 feet approximately on either side of this large banyon tree which is not sufficient. Because with only that 9 feet, if you project to face of the curb up there, which would be needed, then you end up with Ir • 243 JUL 23 1981 Mr. Campbell (continued): about 7 feet of roadway on either side of the tree which is ... I'm sure Mr. Plummer will agree is totally inadequate for a roadway. It would be necessary, therefore, that some...if this goes through and the street is built with the curb and gutter, this street would probably have to go, or it would be severly cut back so that it would lose its character. Mr. Plummer: But Mr. Campbell, isn't that also true if you were to widen the roar: with or without the dedication? If you put in there a street, sidewalks and gutters. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Well, but the tree is still going to go, Dick. Mr. Campbell: No, sir. This is the whole concept. Part of the concept is to retain this tree and allow for a full 12 foot traffic lane on either side of it. In addition, as I pointed out, it gives us a certain flexibility in positioning the road further down to preserve the some of the trees that are in here that would fall approximately in this curb and gutter area. Most of the trees, and this is from my investigation of this tree survey, most of the trees fall within this area here. There are a couple of trees that fall maybe back in here where the sidewalk would go. And that we can easily go around with no problem. What we're concerned with here is the providing for pedestrian circulation in here as we go along with the developments. Now, it's true right now... UNIDENTIFIED SPEAKER: Mr. Plummer, we're willing to sit with Public Works and to save that tree, and to give them a wider area in the vicinity of that banyon tree in the form of an easement. We have no problem doinf that. Mr. Campbell: May I finish. I'll be brief and then you can continue. The consideration that we have is not just now but it's in the future. The development of this apartment building, the development across the street, the potential for development up and down the street is such that we fell, the deparment feels, or believes that there will be pedestrian traffic between Tigertail and 27th Avenue. We will have to provide for this. Certainly, this is not the only piece of property that will be developed and to the R-C density. And this is going to produce pedestrian traffic. Mr. Plummer: But are you saying that there is no way that it can be worked out, or are you saying that there is a way? Mr. Campbell: The retention of the zoned street width we feel is the best way to go.. An easement dpes not adequately protect the interest of the City in this case. Father Gibson: I move to uphold the recommendation. The Mayor isn't here... well, I move. I'll wait for him. UNIDENTIFIED SPEAKER: May I say again, that Public Works, they just indicated that in the future they can do what they want. Once they get that 50 feet they can tear everything out of there. Weave seen streets go down the tubes because of that. This street, if you've ever been down Cornelia, it's quite a unique hammock type street. It's overgrown completely. It's really beautiful. It's our intention to put in the dedication to save those trees through the Enviornmental Preservation Board process. They don't have to go through that process and I think that's important to understand that. 'JUL 2 3 1981 It Father Gibson: it is also true that if they have that street width, the buck stops there. Isn't that true. Mr. Architect, isn't that true. Mr. Segar: I don't believe so, air. Father Gibson: Oh yes it is. Because if they say that that street is 50 feet you can't get around that. Isn't that true? I mean, man, admit what is. Mr. Segar: I thought Mr. Traurig's opinion is different that... Father Gibson: No, no, no. You're the architect. Isn't that true. Now, if I can't get you tb tell me the truth here, my God, I don't know... look, do you know what that tells me about later on? I'm in a hell of a lot of trouble if I let you get by now. Mr. Segar: Sir, we've already indicated that we were going to abide by all the set backs that are requested, as if it existed. Mr. Plummer: Well, Father, you make your motion. I'm going to move to defer. I've got to believe that there's some way that the matter can be worked out where both sides can be protected. What happened to our wandering leader. Father Gibson: Let me tell you. I've been up in there and I saw that land. I hope, I hope and pray all of you don't make the mistake I think you're... don't mean you all. Because you can't make no mistake. I'm talking about us. I was up there yesterday. Mr. Mayor, I made a motion to uphold the recommendation. Mayor Ferre: There's a motion to uphold the recommendation. Is there a second? Well, here we go. Is there a second to the motion to uphold the recommendation for denial? Hearing none, it dies. Mr. Plummer: Move to defer. Mayor Ferre: Motion to defer. Mr. Lacasa: Second. Mayor Ferre: Seconded. Further discussion? Call the roll. THEREUPON, on motion duly made by Commissioner Plummer and seconded by Commissioner Lacasa, the City . Commission CONTINUED CONSIDERATION OF THE ABOVE MATTER , BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: Vice -Mayor (Rev.) Theodore R. Gibson ABSENT: Commissioner Joe Carollo ON ROLL CALL: Father Gibson: I'm going to vote no because I believe that when you go there, if you don't deny. I'm going to be asking myself some questions. By the way, this isn't school, but I just hope all of you go see it before you come back. Mayor Ferre: It's all a moot point because obviously, Father, even if I had seconded your motion it would have been 2-2 and that in itself means it would have lost. And there's a request here... Mr. Plummer: It's to continue, not to defer. 245 JUL 23 1981 Father Gibsont I go... look, I dob* t ttind. I just vent to viake Bute we come back here... Mayor Ferre: The motion... Father Gibson: ...that all of the people, and when you see me vote on. zoning, I vote because I've seen it. Mayor Ferre: The motion is to continue. Keep call the roll. I vote yes with the motion to continue. 104. APPROVE MIAMI DESIGN PLAZA PARKING STUDY AREA GENERALLY BOUNDED BY N.E. 41 STREET, I1.E. 36 STREET, N.W. MIAMI AVENUE A1TD F.E.C. RAILROAD APPROPRIATE $30,000 FOR -FEASIBILITY STUDY OF PARKING GARAGE IN THE MIAMI DESIGN PLAZA AREA(TEMPORARILY DEFERRED) Mayor Ferre: 12. This is a recommended approval 7-0. No objectors. Is there any problem with this? Are there any objectors on this? UNIDENTIFIED SPEAKER: We have letters from the Miami Design Area Merchants Association supporting it. Mayor Ferre: Look, that's not important. The point is that at this stage of the game, this is a recommended Planning Advisory Board approval of 7-0. Mr. Lacasa: 7-0, no objectors, I move. Mayor Ferre: I assume that the administration has recommended it? Mr. Gary: Yes, sir. Mayor Ferre: Are there any objectors present? Why don't you turn that - map around and show us a pretty picture so we see what you're doing. Mr. Matthew Schwartz: This is the area of the Miami Design Plaza. The study recommends this as short term parking needs, that we can meet in the next 2 to 3 years. The problem is for the next 5 years. For the next 3 years there's going to be a need for parking garages. We need to retain 40th Street as a part of the Miami Design Plaza.. Mayor Ferre: Motion by Lacasa, seconded by Gibson, that the resolution of the Planning Department's application be approved. Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who „ moved its adoption: RESOLUTION NO. 61-726 A RESOLUTION APPROVING, IN PRINCIPLE, THE MIAMI DESIGN PLAZA PARKING STUDY FOR THE AREA GENERALLY BOUNDED BY N.E. 41st STREET ON THE NORTH, N. E. 36TH STREET ON THE SOUTH, NORTH MIAMI AVENUE ON THE WEST, AND THE F.E.C. RAILROAD ON THE EAST (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by tae following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre DOES: None ABSENT: Commissioner Joe Carollo Mayor Ferre: Lacasa moves 12(b) which is the ordinance. Gibson seconds. Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. Mr. Henry Reinhart: Mayor, could I ask a question? Mayor Ferre: Yes, sir. Mr. Reinhart: My name is Henry Reinhart, 100 N.E. 39th Street. Mayor Ferre: Yes, sir. Mr. Reinhart: Could I be shown the proposed sites for this parking area? Mayor Ferre: The study you mean. Go ahead. Show him the sites. Mr. Schwartz: The study has designated two possible locations. One side is owned by... it's the old Codis site on 38th Street. And the other one is the Freeman on N.E. 2nd Avenue and 41st Street. These are sites that we have noted as potential sites. The Feasibility Study will allow us more detail, look at the area for detail and designated site. No site has been designated yet for the parking... Mr. Reinhart: Is there on site on 38th Street you say. Mr. Schwartz: There is a site on 38th Street and a potential site at N.E. 1st Court. On the wgst side of the street. Mayor Ferre: All right, look, I'm going to interrupt you for a moment because Father Gibson has got to go and we need to get on* the question of the millage. I'd like to do it this way and then we can argue about it later on if you want. THEREUPON, the Chair TEMPORARILY ADJOURNED THE Planning and 2ontng PORTION OF THE AGENDA, AND PROCEEDED TO TAKE UP ITEMS BELONGING TO THE Regular PORTlud OF THE AGENDA. 105. ' ESTABLISH PROPOSED HILLAGE RATE FOR FY BEGI17NIIIG OCTOBER 1, 19C1 REQUEST EACH DEPART16ENT HEAD TO REPORT IMPACT OF 10% REDUCTION 11 Mayor Ferre: I move you sir, Mr. Manager, we're back on the regular agenda. What item is the millage? Mr. Gary: Item 19. Mayor Ferre: What's your recommended millage? Mr. Gary: 9.2 mills. 2A7 JUL 23 1981 s Mayor retre: I would like to hove that the City of Miami Commission go on record advertising that the millage is going to be 9.2. We can always go down from it, but we can never go up. Let's get the vote on the record. If it's no, it's no. And then we won't worry about it. I so move. Father Gibson: All right. Do I hear a second? Mayor Ferre: Well, that does it. Then you can go home quietly. Father Gibson: Do I hear a second? Mr. Lacasa: 9.2. Okay. Since we don't have a full Commission, and since we have to do it today, I'm going to second the motion, but I want to put on the record that I am going to vote against the increase when we go to formalize this budget. The only reason why I am at this point seconding this motion is because of the law requirements that we have to do it now, ' and I don't want the City to be in the predicament afterwards, especially when we do not have the full Commission here. But pretty clear, so you Mr. Manager, go and look for your votes elsewhere. I am going to vote at the time of the budget against the increase in the millage. Mr. Gary: Mr. Mayor, forgive me, I forgot to add the debt service to that which is 1.717. Mayor Ferre: I include that in my motion. Mr. Plummer: What is that 9.2 and 1.... Mayor Ferre: That's a reduction. Mr. Plummer: 9.2 Mr. Gary: And 1.717. Mayor Ferre: The debt service is a reduction, so I'm sure nobody is going to be opposed to that. Mr. Gary: Yes, sir. Mr. Plummer: At this figure is 10.9. Mayor Ferre: Yeah. Mr. Plummer: Does this other thing here now still hold true, that it is a reduction from last year? Mayor Ferre: .21. Mr. Gary: Yes, air. Mr. Plummer: .21. All right. Now, let me ask you another question. My concern, one of my concerns is in L.ae area of garbage. You are proposing to double the fee. Mr. Gary: That has nothing to do with the millage rate. Mr. Plummer: Well, yes it does. Mayor Ferre: Suppose we don't double the fee. Are you covered by 9.2? Mr. Gary: Yes, sir. Mayor Ferre: Okay. That gives us the latitude... Mr. Gary: That gives us the latitude... Mayor Ferre: ...of either ... now, if we double the fee, then obviously we don't ... what could we go down to? JUL 2 s 19081 Mr. *try: 8.609. Mayor Ferre: 8.609. So the difference is .6. So, that's the choice that we're going to have. Either go up, according to your recommendation. Mr. Gary: Yes, air. Mr. Plummert Let me get something clear. This was given to me today as the most recent revised copy of the budget. Now, these figures here don't coincide with what you're saying. These figures here say that it's a reduction not of .021, it says it's a reduction of 1.661. Mr. Gary: Well, first of all, what you are looking at is 8.609, assuming a garbage fee. Okay? If you don't assume a garbage fee, you've got to •go up to 9.2. Mr. Plummer: Okay. All right. Mayor Ferre: All right. Mr. Chairman, I'd like to call the question for the vote. And then I'll bring it up for discussion after that, the vote is taken, if you want to discuss it further. Father Gibson: Call the roll, please. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 81-727 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, 1981 AND ENDING SEPTEMBER 30, 1982 (here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Joe Carollo 106. CONTINUED DISCUSS?ON: FIRST AND SECOND READING ORDINANCE: APPROPRIATE $30,000 FOR FEASIBILITY STUDY OF PARKING GARAGE IN THE MIAI4I DESIGN PLAZA AREA • TWWUPON, the Chair TEMPORARILY ADJOURNED THE Regular PORTION OF TM AGENDA, AND , PROCEEDED TO TAKE UP ITEMS BELONGING TO THE Planning and Zoning PORTION OF THE AGENDA. Mr. Percy: Item 13 of the zoning was still pending. We need a vote on that one. Mayor Ferre: No, we had to interrupt and we had to revert back to the regular agenda. And nos► we need... Mr. Percy: We need a 4/5ths vote on that. Mayor Ferre: On what item? Mr. Percy: 12(b). A JUL 23 1981 Y t � Mayor Pars: All right, Cali the roil a6 12(b). Had it been ►ed3 Mr. ongib t ` oo # air. k '= Mayor Ferre: Call the roll on 12(b). AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 9199, ADOPTED NOVEMBER 6, 1980s THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING S9PTEMBER 30, 1981s AS AMENDED BY INCREASING THE APPROPRIATION FOR SUBSECTION XV, PARKING CAPITAL PROJECTS FUND TO ESTABLISH FUNDING IN THE AMOUNT OF $30,000 FROM A LOAN FROM THE CAPITAL IMPROVEMENT FUND, FY 1981 FLORIDA POWER AND LIGHT FRANCHISE EARNINGS FOR A FEASIBILITY AND DESIGN STUDY FOR A PARKING STRUCTURE IN THE MIAMI DESIGN PLAZA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMNT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF TPE COMMISSION Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa 107. THEREUPON, the Chair TEMPORARILY ADJOURNED THE Planning and zoning PORTION OF THE AGENDA, AND PROCEEDED TO TAKE UP ITEMS BELONGING TO THE Regular PORTION OF THE AGENDA. COP]TINUED DISSCUSSI0N OF PROPOSED MILLAGE RATE DIRECT CITY MANAGER TO HAVE DEPARTMENT HEADS ADVISE CITY COI14ISSIO11 AT NEXT C014RSSION MEETING ON I14PACT OF 10% CUTBACKS Mr. Lacasa: The discussion on the millage. Mayor Ferre: On the millage. Okay. We're back to the millage, Mr. Gary, Mr. Gary: Mr. Mayor, what I propose with a millage rate of 8... Mayor Ferre: Go ahead. Mr. Gary: Mr. Mayor, what I propose with the millage rate for the General Fund of 8.609, with a debt service, 1.717, for a total of 10.326. However, because I had not received approval from the City Commission to increase the garbage fees from $75.00 to $150.00 I made that adjustment in the tax rate so that if the City Commission decides not to increase the garbage fees, they have that option. They decide to increase it and then come back down with the taxes. Mayor Ferre: Well, while on the record, let me just tell you, on the record, Mr. Gary, that I am totally opposed to a garbage increase of $75.00. In other words, of going from $75.00 to $150.00. I know that Metropolitan Dade County has gone up much more. I know that they're up to $221. We're at $75.00. I know that $150.00 is substantially less, but however, the difference is this. There are 125,000 homes in the City of Miami. Okay? If you charge those people, homes $150 per home, that is much more than a .6 increase in the millage, for a very simple reason. And I want these figures from the administration. I want you to tell me how much of the total tax that we collect comes from the commercial segment of the community. And I will predict to you that it's well over 1/3. In fact, I would predict that it might be over 40%. Mr. Gary: You're right. Mayor Ferre: In fact, I might predict that it might be close to 50%. Mr. Gary: I'm not going that high. Mayo. Ferre: Okay. But it's over 40% and close to 50%. Mr. Plummer: I'm glad you stopped. We'd have been at 60% now. Mayor Ferre: And the point I'm ... we should be at 60% and we will be after downtown gets going. But what I want to tell yR° is this. If you do it in millage, then the commercial sector pays part of it. If you do it by garbage tax increase, poor people... Mr. Gary: You're correct. Mayor Ferre: ...people who have less ability to pay are going to pay and it's going to be more money out of the average Miamians pocket if we do it with the garbage fee rather than a .6 mill increase. Furthermore, I want to put this out to you, so you understand. Furthermore, a tax Is deductible from Federal income tax. A local tax of the City of Miami is a deductible item. A garbage fee is not a deductible item. So If you're increasing the average Miamian $75.00, it's $75.00 that comes om 251 JUL 23 1981 1 { Mayor Ptrre (continued): straight out of a persons pocket. If you do it In a .6 mill tax increases Uncle Sam pays for part of it, number one, and number two, the total amount of the impact is going to be less on you and more on the commercial sector. So I've got no doubts as to which way I'm going. Mr. Gary: You're correct. Mr. Plummer: Well, are you going to put on a presentation of budget? Mr. Gary: You want it now? Mayor Ferre: This is not a budget presenation. Mr. Gary: It's not budget. It's just for the millage rate. Mr. Plummer: I'd sure hate to think that we will walk away from here setting the millage without at least having a presentation before we walk away. Mr. Lacasa: We are not setting the millage. I want that pretty clear into the record that we are not setting the millage. Simply... Mayor Ferre: We're just complying with State law. Mr. Lacasa: ...we are complying with State law because if we don't do it today, I've been told that we cannot do it afterwards. So the only reason I have voted this way at this point is to keep the City options when we discuss and approve the budget. Mayor Ferre: Precisely. Mr. Lacasa: Other than that, I wouldn't have voted to set the millage today. So this is not, I repeat, this is not the millage. This is just to keep the door open, to set the millage. Mayor Ferre: And let the record reflect that the Manager has submitted his proposed budget. It has not been discussed. It will be discussed in September. That is the purpose of the budget hearings, and I'm sure will be hotly pusued and debated. And I think that all we're doing now is complying with State law. And by the way, I might point out once more, that it's a bad law. I think it's a very confusing law, it doesn't mean anything because most people in government do exactly what we're doing now. Just to comply with the law, we pass a high millage and then hope to come down from it. Mr. Plummer: Mr. Mayor, I have to agree with you that the inherent problem is the problem is that it isn't going to come down. And that's the danger. Mayor Ferre: I'll tell you, if three members of this Commission feel that .:ly, that's right. But the other point that I want to tell you right now is that, and I think we've got to be very clear. You want 1,000 policemen, so does Carollo and so does everybody else around here. You also don't want to cut down services because none of us want to cut ... and every time we talk about firing people, which you have agreed to Plummer, Lacasa jumps up and says, oh no, don't close down that program. Shenendoah Park is a terrific program, and the swimming program is great. And the next time we say, all right, well then let's cut down on some... oh no, don't cut down on the Fire. The Fire Department is number one in the nation. It's sacred.. You cannot touch it. So, you can't touch the Fire, you can't touch the -Police Department, you don't want to cut services in the parks, you don't want to increase taxes. Hey, it doesn't work that way, man. It just doesn't work that way. If you want this City to survive, if you want to cut services... if you want to cut taxes you cut services. If you want to keep services, now you figure out a way to do it because you know, there's an equal sign in the middle. And in both sides, under the State law its got to be balanced. This is not the Federal government. We can't go to deficit spending. Ij .252 JUL 23 1981 Mr. plumer: Mr. Mayor, I won't engage with you this evening, I will later, into a vocal disertation, but there is another way, and that's what scares me. That other way is that we go through this budget and we basically sunset everything. Because you see, let me tell you something, in effect... Mayor Ferre: What does that mean, Plummer? Mr. Plummer: I'll tell you what it means. Mayor Ferre: What does sunsetting mean because nobody knows. Even Jerry Brown, and then I'll shut up, and Jimmy Carter who is the big father of sunsetting, he was sunsetted himself. Mr. Plummer: Well, maybe that wasn't a bad thing. Mayor Ferre: He didn't even know what it meant. Mr. Plummer: Mr. Mayor, what I'm saying to you is that we've got to go through, and it's going to be damn time consuming, and justify each department, and their employees and what they're doing, and what they're providing. Now, that's what I'm saying to you. I am also saying to you that I am well aware there are no free lunches. Okay? I'm well aware of that. But I think where the real priorities are going to have to be set yes, police are sacred cows. And Mr. Mayor, you and I both know that that's what's on this publics mind is police and fire. Now, all I'm saying to you is that, you know, really in effect that which I tried very desperately to do, and somewhat has been effective, really hasn't been accomplished of a hiring freeze. Okay? Now, I didn't see any juggling of people. That's why I demanded that we had to go and each position had to be justified. And what did we see? One of the first damn things they came up with was a list of 107 people. Where I made my mistake was when I set a hiring freeze, for everyone you hire, you have to fire one. That would have been effective. But I forgot to do that. And I want to tell you, there is no question in my mind that with reduced dollars we can no longer afford the luxury of wall to wall people. Mayor Ferre: That means we have to reduce services. Mr. Plummer: No, no. We've got to reduce and increase the work productivity. No longer can I call, and I won't mention it until I have to, one department and get shuffled through 3 secretaries. What it means is that in the future I will call that department and go through one secretary. Mayor Ferre: That's all very nice. Mr. Plummer: Well Mr. Mayor, I'm saying that that day is long past due. We can no longer afford the luxury of continuously of just either raising the taxes or cutting services. There is an in-between. And I say to you, we've got to address that in-between. And that Commission has got to take the tim=, address in priorities, each and every department. And I tell you, I don't like the idea that I've got to double my time here, but I'll tell you, when you're losing 25% of your work force by Federal mandate, and that's 1,000 CETA workers, I want to tell you it cries out for revamping and I mean from the bottom to the top. Mayor Ferre: All right, Mr. Plummer, it's 1:30 now and I think, that's a good statement and I think it's something that we'll have to discuss in the future. My only response to you very very quickly is this will be the 12th budget that I have voted on in the City of Miami, -when I vote on it, I want to tell you that I've been hearing this for 12 years that I've voted on a budget. I want to tell you right now that the City of Miami budget is $161,000,000 proposed and I guarantee you, if you spend 20 days going through this, and if you get every single extra secretary that you can find and fire here, and fire everybody that you cam, I will predict to you that what you're talking about is maybe a couple of million dollars. And you're really cutting tight on the City. I mean right down to the bone. That's a drop in the bucket to the knee. If you can tell me that we can cut $15,000.000 or $20,000,000 253�- ' R4 fayor Pert* (coutlnuad): of fist$ theca I think you're right. but I don't think that that's what you're talking about. Mr. Plummer: Then I'll offer a motion tonight, okay? With the exception of Police and Fire, I offer a motion that each department head be prepared at this nest Commission meeting to give us what their departments will be with a 10% reduction. That's $16,000,000. I offer that in the form of a motion. Mayor Ferre: I accept that. And there's a motion on the floor. Mr. Lacasa: I will second the motion. Mayor Ferre: I want to tell you this is a great job. And the pay is what really does it for me. Now, let's go. Because I'm going to be like Gibson. I'm walking out of here in exactly 15 minutes. So I'm giving you notice right now. Mrs. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. I stood before you last year asking that taxes not be increased as much as they were. And I probably will do the same. And I believe partly that what Mr. Plummer says is correct. That these are some instances where there may be too many personnel in certain departments. But there are also other departments that at present are starving for personnel and in basic services that our community needs. And I'm referring specifically to Building and Zoning. We have 2 Zoning Inspectors in the whole City. There are rampant violations that are deteriorating the value of the properties of the people here. We don't have adequate secretarial help in Auerlio Perez's department so that I can't get minutes, so that I can't make decent properties. George Campbell is waving at me and I believe he probably also has a deciciency in his department. Mr. Plummer: Fine. But you see, you're addressing it wrong, Janet. Mrs. Cooper: Wait, let ... no, I'm not, Mr. Plummer. I'm leading up to scmething. Mayor Ferre: Wait a moment. Mrs. Cooper: I'm leading up to something here. You want all the departments to skimp back to the bone and you want to cut back services to the citizens who are the`ones who are paying for it, but yet you all sit there and give $25,000 today to the sugar cane people. Mr. Plummer: No, no. I didn't. Mrs Cooper: Yea, air. Mr. Plummer: I didn't. Mrs. Cooper: May I finis. please? Mr. Plummer: Well, make a correct statement, I'll let you. I didn't vote on it. Mrs. Cooper: All right. The Commission as a whole voted on it. $780,000 to the Trade Fair. What is the Trade Fair? The Trade Fair is merchants sitting in an exhibition hall selling their products, making a profit. My taxes should not go to support somebody elses profit making ventures. You're paying for the Latin Chamber of Commerce. I think it was $165.000 for them to hold a convention. I can't come to you and say that my groups want to hold a convention, pay for it. Now, I'm going to inform you right now that Impact, of which I'm a member, is currently in the process of reviewing all the agendas over the past 2 years for items like this. We have already invested over 40 manhours in researching this, sad more work is going to be done very shortly. We intend to come back to this Commission shoving this Commission where it has spent monies, significant amounts of monies, millions and millions of dollars on supporting private industry. Don't talk to me about cutting back the JUL 23 1981 Mrs. Cooper (continued)6. police, don't talk to me about not having another Zoning Inspector to go out and protect my property values, and the health and well—being of all the other citizens of this town. And don't talk to me about not having a typist where a typist is needed until you stop giving money away to profit making, private individuals who do not need the tax money that we pay for from the sweat of our brow. Mayor Ferre: Well let me answer... Mr. Lacasa: That is...just a minute. That is very well said and on the face of the statement, I will accept that as a valid statement. However, the City of Miami, as you well know, Janet, is geographically limited. We. cannot grow horizontally. We have to grow vertically. That means business, that means private investment. That means the expansion of the City through the concept of creating a financial center, a commercial center, the sort of a vibrant city that will attract the type of development that we were discussing today when we were touching on the question of the Southeast and the Miami Center and all of that construction. Now, the City of Miami, of course, cannot grow horizontally. Still, there are the same number of blocks to take care of by the Fire Department, the same number of blocks to take care of by the Police Department, and the same number of blocks and people to take care of by the services by the City of Miami. Okay. Then another step further, you have this Commission, as any other muncipality in the State of Florida limited in the question of taxes, not only by the will of the people who do not want to pay higher taxes, and that is why we had proposition 13 in California. We hear continuously the threat here in the City of Miami and Dade County, not only because of that but also because of the Constitution limitation on the millage. So, being the only way that we can increase our intake of money to meet an ever increasing budget simply because of the rate of inflation, we need to get the money from somewhere. And the only reason why we have been able to survive so far, and we hope that we will survive in the future is because we have been able to increase our tax rolls. Based on what? Based on that construction which wouldn't be there unless the City of Miami had had the kind of promotion that we have had. Because that money, Janet, has not come from inside. That money has basically come from the outside. So all those projects that this City has supported, some good, some bad, some has functioned, some others have not. Granted all of those have projects, all of that impluse that this City Commission has given to this concept is what has resulted in this financial center, commercial center, and therfore, this type of investment and construction which has helped to keep the City going. Because otherwise, we would not have a City because let me tell you this, now, we are facing a tremendous crisis because the Federal government has cut down dramatically in the monies that he's sending to the municipalities. And this one is no exception. Mayor Ferre: I will make a much stronger statement than that, Janet, and I will tell you this. I think that this Commission has been remiss in not spending a heck of a lot more on these items. And I want to tell you why. This morning we talked about Venezuela. The Port of Miami is shipping 40% of what goes out of that tart, which is $10,000,000,000 to Venezuela. Do you think that just happened? Why didn't Venezuela buy that proportion of its goods and services from Miami 10 years ago? Why did it buy from New York more than it did from Miami? All of a sudden its buying from Miami. That didn't just happen. Thats taken a lot of effort and work. And it's these type of things, it's these type of injections of capital. Sometimes they don't work. That last Trade Fair was a failure. But how about the first 3? Does that make up for the 4th? Does the success of the first 3 compensate for the failure of the 4th? In my opinion, not only does it compensate, it over compensates a hundred -fold Mrs. Cooper: Well, I don't know how much that helped the City, the first 3 Trade Fairs. But what I would say to you, that when you have surplus in the budget, when you're not breaking the backs of people to pay for basic services, when you're not telling people to do without, then it's fine to make those kind of ipvestments. But when you're telling the entire City of Miami go to with 2 Zoning Inspectors ... 1 Zoning Inspector, according to Mr. Salman, at a meeting that he had... FrtSt� JUL u J �5 E faybr 1err t Velit not discussing the budget here. Janet, it'd quarter to 2... Mrs. Cooper: ...vas ... well, that Was my position and it will be substantiated later. Mayor Ferret I will recognize you later, and Impact, and everybody else. And I'll sure you'll have hours and hours during the budget hearing. I'm sure we will hear a lot from you in the next months to come. I expect for you to be fully active during the campaigns. I think you're going to be active in your recalls. You're going to be active in the November elections, and I have news for you. I ain't worried. Okay? Let's go. We have items nimber 15 and..:... Mr. Ongie: Mr. Mayor, we have a motion on the floor. But we've never... Mr. Plummer's motion. Mayor FErre: On what? Mr. Ongie: On the impact of a 10% cutback. We've never called the roll. Mayor Ferret Plummer, you made a motion. There wasn't a second. Do you want to second this? Mr. Lacasa: I second the motion. I want to see what the departments come with as part of recommendations on this, on my part means no commitment that I am going to vote for such a reduction. It's only for the purpose of having the discussion. Mr. Plummer: Excuse me. So it's understood. That 10% reduction does not preclude that department head from innovative ideas of raising revenue. Mayor Ferret Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-728 A MOTION DIRECTING THE CITY MANAGER TO REQUIRE THAT EACH DEPARTMENT HEAD (EXCLUDING POLICE AND FIRE) BE PREPARED TO ADVISE THE CITY COMMISSION AT THEIR NEXT MEETING OF THE IMPACT OF A 10% ACROSS-THE-BOARD BUDGET CUTBACK t Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: f AYES: Commissioner J. L. Plummer, Jr. j Commissioner Armando Lacasa Mayor Maurice A. Ferre 1 NOES: None ` I r ABSENT: Commissioner Joe Carollo Vice -Mayor ;(Rey.) Theodore A. Gibson 256 { Y VOLLOMO ROLL CALL t Mrs. Coopart Mr. Mayor, for the record, neither myself not Impact era involved in any recall. And as far as the politics of it, Impact is a political action committee that is designated to be active in politics and I myspif, do not intend to personally take any action politically other than that in Impact. Mayor Ferre: Janet, it's 2 o'clock in the morning and I thinke we're.... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: I stand corrected. Can we continue now? Don't worry, I'm not questioning you, Ill questioning myself. — , 108. { FORMALIZING RESOLUTION: ALLOCATE $25,000 FOR PUBLIC INFORMATION FOR $21,000,000 FIREFIGHTING BOND ISSUE Mayor Ferre: A resolution allocating a sum not to exceed $25,000 from the Contingency Fund for firefighting and fire prevention bond. Plummer moves, Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-729 A RESOLUTION ALLOCATING A SUM NOT TO EXCEED $25,000 FROM THE CONTINGENCY FUND OF THE CITY OF MLAMI TO BE EXPENDED BY THE CITY MANAGER, AS NECESSARY, FOR EXPENSES INVOLVED IN GIVING INFORMATION TO THE PUBLIC CONCERNING THE PROPOSED $219000,000 FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND ISSUE, WHICH BOND ISSUE WILL BE VOTED UPON AT A SPECIAL BOND ELECTION IN THE CITY OF MIAMI ON NOVEMBER 3, 1981, AS PROVIDED BY ORDINANCE NO. 9295; AND PROVIDING FOR REIMBURSEMENT TO SAID CONTINGENT FUND (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferro NOES: None ABSENT: Mayor Ferre: A resolution authorizing the attorney to seek approval from and enter into agreement with the plaintiffs from the Cohen VS City to extend the present promotional register for police sergeant, lieutenant, captain, for a period of one year. Plummer, are you all right on that? Mr. Plummer: Yes, sir. Mayor Ferre: Plummer moves, Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-730 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK APPROVAL FROM AND ENTER INTO AN AGREEMENT WITH THE PLAINTIFFS IN FRANKLIN COHEN VS CITY OF MIAMI TO EXTEND THE PRESENT PROMOTIONAL REGISTERS FOR POLICE SERGEANT, POLICE LIEUTENANT AND POLICE CAPTAIN FOR A PERIOD OF ONE YEAR FROM THE DATE OF EXPIRATION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre i NOES: None ABSENT: Commissioner Joe Carollo ; Vice -Mayor (Rev.) Theodore R. Gibson THEREUPON, the Chair ADJOURNED THE Regular PORTION OF THE AGENDA, AND PROCEEDED TO TAKE UP ITEMS BELONGING TO THE Planning and Zoning PORTION OF THE AGENDA. Mr. Lacasa: Move. Mayor Ferre: Moved by Lacasa. Is there a second? Mr. Plummer: Second. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who y moved its adoption: RESOLUTION NO. 81-731 '+ A RESOLUTION APPROVING THE SELECTION OF RUSSELL, MARTINEZ AND HOLT TO PROVIDE PROFESSIONAL ARCHITECTURAL/ENGINEERING — ` SERVICES FOR FEASIBILITY AND DESIGN STUDIES TO DETERMINE THE NEED FOR AND FEASIBILITY OF CONSTRUCTING A MULTI -LEVEL a ' PUBLIC PARKING STRUCTURE IN THE MIAMI DESIGN PLAZA AREA �.. (AREA BOUNDED BY NE 41st STREET, NE 36TH STREET, BISCAYNE BOULEVARD AND NORTH MIAMI AVENUE); AUTHORIZING THE CITY MANAGER TO UNDERTAKE CONTRACT NEGOTIATIONS WITH SAID FIRM TO ARRIVE AT A CONTRACT WHICH IS FAIR, COMPETITIVE AND REASONABLE: ALLOCATING $300000 FROM THE PARKING CAPITAL PROJECT FUNDS TO COVER THE COST OF SAID CONTRACT AND ANY NECESSARY ANCILLARY SERVICE CONTRACTS FOR THE ABOVE AREA; AND DIRECTING THE CITY MANAGER TO PRESENT THE PROPOSED CONTRACT TO THE CITY COMMISSION AT THE EARLIEST SCHEDULED MEETING OF THE COMMISSION AFTER NEGOTIATION OF SAID CONTRACT FOR APPROVAL BY THE COMMISSION PRIOR TO EXECUTION THEREOF (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre Mayor Ferre: Take up 13. The department recommended approval, the Planning Advisory Board recommended it 7-0. No objectors. Mr. Lacasa: Move. Mayor Ferre: Anybody here against it? All right, moved by Lacasa. Mr. Plummer: Well, wait a minute. I want to add something to that, Mr. Mayor, that I don't see here. That item 13 be subject to site approval plan of this Commission. Mayor Ferre: All right. Mr. Plummer: Especially, Mr. Mayor, in your area of concern about the berms... Mayor Ferre: I got you. This is with the stipulation that this matter come for final site approval to the City of Miami Commission. And with that stipulation, Lacasa moves, Plummer seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-732 A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES (BASEBALL FIELD, SOFTBALL FIELD, SOCCER FIELD) IN BICENTENNIAL PARK, AT APPROXIMATELY 901-1101 BISCAYNE BOULEVARD, BEING UNPLATTED, AREA BOUNDED BY APPROXIMATELY EAST -WEST EXPRESSWAY, N.E. 9TH STREET (EXTENDED), BISCAYNE BOULEVARD, AND BISCAYNE BAY, PART OF TOWNSHIP 53, SECTION 31 AND 379 RANGE 42E. PER ORDINANCE 6871, ARTICLE XVIII-1, SECTION 4 (1-3)9 AS PER PLANS ON FILE; ZONED PR (PUBLIC PARK AND RECREATIONAL USE); SUBJECT TO SITE APPROVAL BY CITY COMMISSION (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 J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson t 2W LAPATTAU t S: 3r 1126 GCOMM"REAT NEIGHBO1MOOb CO REVITALIZATION APPROVE AL PLAN 4 Mayor Ferret Take up 14. This is the Allapattah Great Neighborhood Community Revitalization Plan, Planning Advisory recommend, unanimouslyo 6-0. The department recommends because it began the whole thing. Theta sere 3 proponents. There were no opponents. Are there any opponent_ Is*anybody opposed to this? Is there any problem with it? Is there a motion? Mr. Plumm►ert Move. Mayor Ferre: Plummer moves. Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 81-733 A RESOLUTION APPROVING IN PRINCIPAL THE ALLAPATTAS _ GREAT NEIGHBORHOOD COMMUNITY REVITALIZATION PLAN FOR THE AREA BOUNDED BY NORTHWEST 46Tfl STREET ON THE NORTH, NORTHWEST 17TH AVENUE ON THE EAST, ` NORTHWEST 23RD STREET ON THE SOUTH AND NORTHWEST r 27TH AVENUE OK THE WEST, WHICH COMMUNITY REVITALIZATION PLAN INCLUDES REDEVELOPMENT, F REHABILITATION, STREET IMPROVEMENTS AND BEAUTIFI- CATION AND WHICH PLAN IS IN CONFORrRTY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (Here follows body of resolution, omitted here and on file f in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was `a passed ano adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa i Mayor Maurice A. Ferre ' NOES: None ABSENT: Commissioner Joe Carollo { Vice-)$aycr (des►.) Theodore R. Gibson f t14 , s ° A i Y a 4r Yx .;4'p'"� �r � ti .� f: ,t L °ri • t r <K.xt� J+ c Q�+'p, S w, 261 JUL 3 1981 t i 6 113. DEFER FOR MORE I11FORRATIOD: APPEAL OF ZONING BOARD DENIAL ON VARIANCE FOR FERCE HEIGHT 2578 LINCOLN AVENUE Mayor Ferre: Take up item 15. This is an appeal by the applicant, Arnold Gelman. This is a denial for a fence height on Lincoln Avenue. Planning Department recommended denial. The Zoning Board motion to grant by a 3-2 failed to receive a majority vote which constitutes a denial. All right, air, very quickly. Mr. Arnold Gelman: Yes, sir. My name is Arnold Gelman. I live at 2578 Lincoln Avenue in Coconut Grove. My office is at 2400 South Dixie. I'm sorry to bring this small matter in front of you with all these very heavy issues you've dealt with tonight. This issue concerns two people, if I might. Mayor Ferre: That's your fence. Mr. Gelman: (NOT SPEAKING INTO THE MICROPHONE. STATEMENT NOT PLACED IN THE PUBLIC RECORD) Mr. Plummer: Is this with..you're asking for a pardon, is that what it is? ' Mayor Ferre: No. He wants a higher ... he wants to be able to leave up his higher fence. He probably put it up illegally. Mr. Gelman: The development of the property was about 3 years ago. The configuration of my residence, the living room is 4 1/2 feet above the ground level. That means that when I stand in the livingroom, the lighting and all this, directly in each others windows. So the fence is 2 1/2 feet over the height permissible by the code. It's totally obscured from the street. Its been certified by an engineer, and I have that in the file, that it meets all the criteria of the South Florida Building Code. Mr. Plummer: How high is the fence? Mr. Gelman: 10 feet, 5 inches, sir. It's 2 feet and 5 inches over what the code provides. And the whole fence is only 38 feet long. And it's all on my property and Mrs. Cheevers property. And... Mr. Plummer: Well, let me ask the department... Mayor Ferre: Who are the objectors to it? Mr. Plummer: How strong are you on this? (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Whipple, it's quarter to two. Tell us how strong you are, but don't take 10 minutes doing it. Mr. Whipple: We believe that such a fence, we believe it's too high. , 10 feet compared to the 8 is permitted, and in many cases 8 is too high. Mr. Plummer: He didn't build it. Mr. Lacasa: I'm going to vote for the high fence. Mayor Ferre: All right, we've got a motion for the high fence. Who wants to second? Mr. Plummer: Well wait a minute. Sir, did you stipulate for the record that you didn't build the fence? 262 JUL 2 3 1981 f Mr. Gelman: Yes, air. Mr. Plummer: To the department. Was there a building permit taken out on this fence? Mr. Whipple: I don't knov? Mayor Ferre: I'm a low fence man myself. Mr. Plummer: You're a what? Mr. Gelman: Excuse me. Mr. Blatt is my neighbor on the adjoining side. Gerson Blatt and maybe he can... Mayor Ferre: Mr. Blatt. Mr. Gerson Blatt: My name is Gerson Blatt. I live immediately next door to Mr. Gelman. We live in a townhouse and most immediateey affected by his fence. Mayor Ferre: You live in what kind of a house? Mr. Blatt: We live in an adjoining townhouse on Lincoln Avenue. The fence cannot be seen from the street. It's obscured by a bottlebrush tree. It' protects and 82 year old lady who lives next door. If it didn't have the fence, it would shine right into her awning type windows that she has. She has previously written a letter to the Planning and Zoning Board, I believe, endorsing and recommending that the fence be permitted to be there. He's covered it on the inside with an oak tree, and hes' spent over $2,000 decorating the front of Lincoln Avenue, and has made a lovely thing out of it. Mayor Ferre: A lovely thing out of a fence? Mr. Blatt: Yes. He's 'covered with an oak tree, a bottlebrush, he's put a pool around it. Mayor Ferre: Well maybe we ought to get Mr. Ken Treister to go look at it and get some ideas. Mr. Blatt: And it's made of the same material as the tree. Mayor Ferre: He probably would object to it. Mr. Plummer: Well, you know, the immediate, the reason I asked if there was a permit, because the next question is does it conform to the South Florida Building Code? Mr. Gelman: I also had an engineering study done that is also in the Commission file, that certifies that it meets every criteria of the South Florida Building Code and that the construction conforms to the South Florida... Mr. Plummer: Let's defer this thing and find out if there was every a permit taken out on it. Mayor Ferre: Plummer moves that this item*be deferred. Mr. Lacasa: No, I have a motion. Mr. Plummer: Who is your second? Mayor Ferre: You made a motion and didn't get a second. He now moves because he wants to go look at the fence. Mr. Plummer: No, I want to find out if its got a building permit. Mr. Lacasa: He can tell you 2632 JUL 23 1981 ;4 .ti Mr. Celowt. The only thing I can add to that, Mr. Plummer, is that it0s part of the planned Unit Development that is...it's celled the Gemani VI Townhouses. And a certificate of occupany was granted to the PUD and... Mayor Ferre: All right, wbat's the will of this Commission now. Plummer wants to defer it. Mr. Plummer: Mayor Ferre: J. L., becau Mr'. Plummer: Mayor Ferre: asked for a If Mr. Lacasa gets a second to his motion, then I'll shut up. I would second it, but it doesn't make a bit of difference se there's only 3 of us here... Then I'm asking it be deferred. ...and he needs 3 votes. And Lacasa, all today, anybody who deferral is getting it. So... Mr. Lacasa: I have no problem. I made my motion to approve this application. Mayor Ferre: But one of the members of the.... Mr. Lacasa: I don't have a second. He wants to defer. I defer. Mayor Ferre: Further discussion on the -motion? Seconded by Lacasa. Mr. Plummer: Motion to continue to find out whether or not there was ever a permit taken out on the damn thing. Mayor Ferre: Call the roll. Mr. Plummer: Because I'm going to tell you, I'm going to go after the developer he if didn't take out a permit. Mr. Blatt: Mr. Plummer, there was not only a building permit taken out, but we sued the developer. And Mr. Gelman and I have recovered judgments in excess of $9,000. Mr. Plummer: Because he built a high wall? Mr. Blatt: No. Because of defects in the Building Departments inspections. Apparently, they were satisfied with the fence and issued the certificate of occupany. Mr. Plummer: Well, I'm going to check it out, sir. Mr. Blatt: Be my guest. Mayor Ferre: Continue the roll. THEREUPON, the members of the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Lacasa, AGREED TO CONTINUE THE ABOVE MATTES TO THE NEXT CITY COMMISSION MEETING, IN ORDER TO RECEIVE MORE INFORMATION ON THE ITEM. iTPHOLD RECOM1MATION OF ZONING BOARD JUM PLAT-MING DEPARTMENT TO DENY: DEVELOPMENT OF P.U.N. 2537 S.W. 11 STREET Mayor Ferre: Take up item 16. This is Jose Valdez. The Planning Department recommended a denial, the Zoning Board denied 5-0. This is a conditional use to allow development of a planned unit development. Okay. Here we are on 16. What's the will of this Commission on this? Mr. Plummer: Well, is there an applicant there? Mayor Ferre: Yes. There right here. There are two of them. Mr. Plummer: Well, I think they'd better do an awful lot of talking from what I'm reading. Mayor Ferre: At 2 O'clock in the morning? Mr. Jose Valdez: My name is Jose Valdez from 2646 S.W. 27th Court. In June 14, 1978, I bought this property from Mr._Galowano, with a permit to build 4 duplexes. I found after I closed that the property had not been subdivided. And during the last three years I have been through the process of subdividing the land, and now I am applying for a permit almost identical to the one approved in 1978. In your records, you can verify that it's 4 units, 4 buildings, the same size of the land and with all the requirements of the City. It was approved by all the departments in density, parking spaces, every requirement of the City. Mr. Plummer: All right, Mr. Whipple, tell us why he shouldn't do what he wants to do. Mr. Whipple: Well Mr. Chairman, first with regard to the statement that this was approved, it was approved but it was approved including that white area which Mr. Perez is pointing at. In other words, the... subsequently the lot area has been reduced, and the number of units reduced. And we still have what we consider very poor design. As you know, a development of planned unit nature is to ... objective is to provide a better design that what you'd normally achieve under lot by lot basis. And we submit to this board that this development as presently proposed is not adequate, it's not proper, it does not meaningful open space. On this basis, we recommended denial. Mayor Ferre: Further discussion? Questions? What's the will of the Commission? Mr. Plummer: Motion to uphold the board. Mayor Ferre: There's a motion to uphold the board. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Further discussion? Call the roll. a 20 JUL 23 1981 ;ly The following motion was introduced by Commissioner Plummero who s moved' its adoption: MOTION NU. 81-734 A MOTION UPHOLDING THE PLANNING DEPARTMENT AND ZONING BOARD RECOMMENDATION FOR DENIAL OF A REQUEST FOR CONDITIONAL USE TO ALLOW DEVELOPMENT OF A P.U.N. AT 2537 S.W. 11 STREET Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 115. APPROVE APPLICATION FOR 6 14014TH EXTENSION OF CONDITIONAL USE AND VARIANCE - BISCAYNE FABRICS, INC. 111 N.W. 40 STREET AIM 4000 110RTH MIAMI AVENUE Mayor Ferre: Item 18(a) is an application by Biscayne Fabrics. Planning Department recommended apprqval, the Zoning Board granted conditional use and this is a one year extension. What's the will... Mr. Plummer: Is the applicant? Mayor Ferre: Is the applicant here? Mr. Plummer: Why haven't done what you said you were going to do? UNIDENTIFIED SPEAKER: The plans are still in the hands of the architect. We're working with him? %Mr. Plummer: Over a year? UNIDENTIFED SPEAKER: No, 6 months. Mayor Ferro: Where are the p+ans? UNIDENTIFIED SPEAKER: I beg your pardon? Mayor Ferre: I didn't hear what you said. UNIDENTIFIED SPEAKER: We're still working with the architect on the plans. Over 6 months, yes. Mr. Plummer: How long is it going to take? UNIDENTIFIED SPEAKER: I hope not too long. Another 6 months maybe. Mr. Plummer: I move for an extension for an additional 6 months. Mayor Ferre: Plumer moves. Mr. Lacasa: Second. LM is vn L1I1 cc, OL IUA Lj rxiNt;rsa rAKK to -a/) ZZINU APPROXIMATELY Ill NORTHWEST 40TH STREET, AS PER $ITS PLAN ON FILE, AS AN ACCESSORY SUE TO THE 'BUILDING LOCATED ON LOTS 23 AND 24, PRINCESS PARR (6-87), ZONED R-2 (TWO FAMILY DWELLING) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson FOLLOWING ROLL CALL% Mayor Ferre: (LAUGHTER) 18(b) Your architect isn't Noguchi by any chance, is it? Mayor Ferre: 18(b). Mr. Plummer: Same. 6 months. Mayor Ferre: Plummer moves 18(b), seconded by Lacasa. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION mn. 81-736 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF A VARIANCE GRANTED FROM ORDINANCE NO. 68719 ARTICLE XXIII, SECTION 4(27) TO PERMIT A 2-STORY ADDITION TO AN EXISTING SHOW- ROOM -WAREHOUSE BUILDING ON LOTS 23 AND 24, BLOCK 2; PRINCESS PARK (6-87) BEING APPROXIMATELY 4000 NORTH MIAMI AVENUE, AS PER SITE PLAN ON FILE, WAIVING ALL REQUIRED OFF-STREET PARKING (24 OFF-STREET PARKING SPACES REQUIRED); ZONED C-S (LIBERAL COMMERCIAL) (mere follows body of resolution, omitted here and on file In the Office of the City Clerk). (CONTINUED ON NEXT PAGE) JUL 2 3 198, 'S b - t{�MIN 1 3, E. Upon being seconded by Commissioner Lacass, the resolution %tfka passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice Mayor (Rev.) Theodore R.Gibson 116. GRANT 1 YEAR EXTENSION OF CORDITIONAL USE FOR STORAGE OF 150 RENTAL CARS AT 550 N.E. 21M AVENUE Mayor Ferret Take up 19. Extension, conditional use. Is the applicant here? Mr. Plummer: Why the extension? Mr. Michael Anderson: Well, what we have is we've...it's part of the Ramada Inn and parking garage. And what we're asking for is 150 cars of storage. We were limited by the Planning Department to the first phase. We have 259 hotel rooms for the first phase, and we're asking for the extra...50 cars would be used for the hotel, and 100 be used to store in the garage until we build the second phase. It's for rental cars. We're right next to the Port. We're right across the street from the Port. Mr. Plummer: The only reason you're doing it, now tell me the truth, is to get the revenue. Mr. Anderson: Well, to make our project feasible, yes. Right. We're going to build a garage in one phase, and the hotel in two. Yes. Mr. Plummer: Have you built the garage? Mr. Anderson: No. The project has not been built yet. Mr. Whipple: I think the answer to your question, Commissioner, is that the plans aren't fully developed and they aren't ready to build it yet because 6 months doesn't really give you enough time to get into full and architectural plans and engineering planb and then construction, to Answer your question. Mr. Lacasa: I move for approval. Mayor Ferro: Plummer, doyou want to second? Mr. Plummer: Second it. Mayor Ferro: Further discussion? Call the roll. i The following resolution vas introduced by Commissioner Lacers, who MOVOd Its adoptions RESOLUTION No. 81-737 A RESOLUTION GRANTING A M YEAR EXTEpSION OF A CONDITIONAL USP AS LISTED IN ORDINANCE N0. 6871, ARTICLE XV, SECTION 2(8) (f), TO PERMIT STORAGE OF 150 RENTAL CARS ON LOTS 1,2,3,4,5,17,18,19 AND 20; BLOCK 62N; A.L. KNOWLTON, MLAMI (B-41) BEING APPROXIMATELY 550 N.E. 2ND AVENUE AS PER PLANS ON FILE IN CONJUNCTION WITH PROPOSED HOTEL AND PARKING GARAGE AND SUBJECT TO REVIEW AT THE TIME THE SECOND PHASE IS GIVEN THE CERTIFICATE OF OCCUPANCY AND SUBJECT TO THE VOLUNTARY DEDICATION OF THE SOUTH 10' OF LOT 17; ZONED C-3 (CENTRAL COMMERCIAL) (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 J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 117. THEREUPON, THE Chair ADJOURNED THE PLANNING AND ZONING PORTION OF THE AGENDA AND PROCEEDED TO TAKE UP ITEMS BELONGING TO THE REGULAR AGENDA. ACCEPT GRAI4T FOR CULTURAL PROGRAM "SYNERGETICS" Mr. Gary: I need number 8. Mayor Ferro: Number 8. Proposed resolution for acceptance for the NMI Grant. Weli, you've got to go for that, that's Synerget.cs. National Endowment for the Humanities. Mr. Lacasa: I move. Mr.Plummer: How much? Mr. Gary: It's a Federal government... Mayor Ferro: Lacasa moves.. Mr. Plummer: Oh yes, sir. I'll accept all their money they want to send. Mayor Ferro: Plummer seconds. Further discussion on SA-8? Call the roll. � J t � i Y n: The i`bllmieg resolution was introduced by Commissioner moved Its edoption3 Y; RESOLUTION NO. 81-738 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FOR A CULTURAL PROGRAM ENTITLED: "SYNERGETICS" J.4_ : MOM THE NATIONAL ENDOWMENT FOR THE HUMANITIES AND � FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING CONTRACTS AND:AGREEMENTS UPON iM RECEIPT OF SAID GRANT E (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 J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 118. FIRST READING ORDINANCE: NEW TRUST AND AGENCY FUND "SYNERGETICS" Mr. Gary: Mir.Mayor, we need number 9 so we can spend the money. Mayor Ferre: Plummer moves the spending of the money and Lacasa seconds. This is a proposed ordinance amending Ordinance 9719. Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD). AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 8719 ADOPTED OCTOBER 269 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "SYNERGETICS"; AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $109,354 TO BE RECEIVED FROM THE NATIONAL ENDOWMENT FOR THE HUMANITIES IN THE AMOUNT OF $59,354, SPECIAL PROGRAMS AND ACCOUNTS -MATCHING FUNDS FOR GRANTS IN THE AMOUNT OF $50,000 Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 270 Mr. Plummer: That's all Federal money. Mayor Ferre: That wasn't the question. The question is what does Synergetics mean. I know what a synergictic energy means. Mr. Gary: I think somebody has to come up with something that sounded good. 119. AGREE IN PRIUCIPLE TO PROPOSED EXPANSION OF RUSTY PELICAN RESTAURANT CO?04M4ICATION WITH NEIGHBORS AND PROVIDE FOR PUBLIC HEARING Mr. Gary: Mr. Mayor, I don't think anybody disagrees with number 11. That's for the Rusty Pelican. Formalizing that resolution. Mr. Plummer: I've got to read that one. Give it to me. Let me see your copy. Mayor Ferre: This proposes an expansion of the Rusty Pelican located out there on that City -owned property. And it further directs the City Manager to schedule a public hearing. I don't see anything wrong with that. It's a public hearing. It doesn't mean ... we've already voted on this as a motion. It calls for a public hearing. Plummer moves for a public hearing. He loves public hearings. Lacasa likes it too. Mr. Plummer: And Ferre ain't got no opposition. Mayor Ferre: Further discussion? Call the roll. (CONTINUED ON NEXT PAGE) JUL 23 1981 TO ATTt nu a u+iy ate.-- s - ----- -- HEARING CLERR TO PLACE ADVERTISEMENTS OF SAID PUBLIC IN LOCAL NEWSPAPERS i (Sere follows body of resolution, omitted here and on file 4 in the Office of the City Clerk). Upon being seconded by Commissioner�Lacasa, the resolution was passed and adopted by the following vote. AyESs Commissioner J. L. Plum®er, Jr. — Commissioner Armando Lacasa Mayor Maurice A. Ferre — NOES: None 4 — ABSENT: CommissionerReve)CTheo�dore x. Gibson vice -Mayo; ADJOUItMW mere being no furthes business to come before the City Commission, adjourned at 2:05 A.M. duly made and seconded, the meeting was on motion k . MAURICE A.FERRE a Mayor, 4( RAL ATTESTS YH G ONGIB City Clerk; MATTY SUM Assistant City Clerk M PRO RA i 4 DOCUMENT -14 lieINDEX '-- oq��C 04`oQ Q.FL ITEM NO DOCUMEtrf IDENTIFICATION 1 V: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1' 17 MEETING DATE: July 23, 1981 COMMIS OPEN SEALED BIDS FOR SALE OF $9,150,000.00 GENERAL OBLIGATION BONDS. R-81-650 81-650 APPROVE OFFICIAL STATEMENT FOR BONDS OF THE CITY DATED AUGUST 1, 1981 AND RATIFYING THE PRELIMINARY OFFICIAL STATEMENT DATED JULY 10, 1981. R-81-651 81-651 AUTHORIZE EXPENDITURE OF FUNDS TO PUBLICIZE N.T.E. $25,000.00 FOR VOTER EDUCATION OF PROPOSED $21,000,000 BOND ISSUE (LATER FORMALIZED IN RESOLUTION 81-729 81-729 CLAIM SETTLEMENT: STANDARD OIL CO. (CHEVRON) CITY VS. F.E.C. R.R. CO. CASE #71-17071. R-81-658 81-658 TRANSFER $30,000 OF BUINDING AND VEHICLE MAINTENANCE DEPARTMENT EMERGENCY REPAIRS TO 20 WRECKED AND DISABLED POLICE VEHICLES. R-81-659 81-659 SUBMIT GRANT APPLICATION: CRIMES AGAINST THE ELDERLY PROGRAM R-81-660 81-660 APPROVE IN PRINCIPLE: DEVELOPMENT OF HOUSING PROJECT IN THE OVERTOWN NEIGHBORHOOD R-81-661 81-661 AUTHORIZE CITY MANAGER TO NEGOTIATE ACQUISITION OF THE HIGHLAND PARK SCHOOL SITE CD BLOCK GRANT FUNDS R-81-662 81-662 SOLICIT,BIDS FOR APPRAISAL SERVICES OF CERTAIN DESCRIBED PARCELS OF REAL PROPERTY CD BLOCK GRANT FUND R-81-663 81-663 APPROVE IN PRINCIPLE:"INTERIM PARKING PLAN 1981- 1985 CEBTRAK NUANU FKIRUDA"DISCUSSION AND DEFERRAL M-81-664 81-664 SUPPORT GROVE HOUSE INC. IN THEIR EFFORT TO REMAIN IN COCONUT GROVE IN ITS PRESENT LOCATION R-81-665 81-665 ALLOCATE $25,321 FROM UNUSED REFUGEE EMERGENCY ASSISTANCE PROGRAMS MATERIAL NEEDS OF CUBAN AND HAITIAN REFUGEES. R-81-666 81-666 WAIVE FULL RENT AL FEE FOR USE OF THE ORANGE BOWL STADIUM" 1981 CELEBRATION OF GREAT BANDS" R-81-667 81-667 NEGOTIATE AGREEMENT: BUS BENCHES COMPANY FOR PROVIDING BUS BENCHES R-81-668 81 -668 ACCEPT GRANT AWARD: STAFF TRAINING FOR ADAPTED RECREATION 4TH YEAR R-81-669 81-669 AUTHORIZE AGREEMENT: COCONUT GROVE CARES INC. FOR OPERATION OF ELIZABETH VIRRICK GYMNASIUM R-81-670 81-670 CONFIRM ACTION AND ENTER INTO AGREEMENT: PUBLIC HEALTH TRUST OF DADE CO. COQRDINATION OF -EMERGENCY MEDICAL SERVICES R-81-671 81-671 D0cuMENTfNDEX_ CONTINUED 7 PAGE # 2 k COMMISSION IM NO. DOCUMENT IDENTIFICATION ACTION i 18 AUTHORIZE AGREEMENT: SARAH E. EATON CONSULTANT SERVICES CITY HERITAGE CONSERVATION PROJECT R-81-672 81-672 19 AUTHORIZE AGREEMENT: MARK ISRAEL "MAN IN WASHINGTON PROGRAM" R-81-673 81-673 20 AUTHORIZE MIAMI DADE COMMUNITY COLLEGE NEW WORLD CENTER FOR USE OF MIAMI BASEBALL STADIUM, WAIVING NORMAL USE FEE, ETC. R-81-674 81-674 21 EXECUTE AGREEMENT: ALLAPATTAH MERCHANTS ASSOCIATION INC. YEARLY FUNDING-$50,000.00 R-81-675 81-675 22 AUTHORIZE CONTINUED FUNDING THROUGH SEPTEMBER 10, ALLAPATTAH DEVELOPMENT AUTHORITY,INC. R-81-676 81-676 23 AUTHORIZE AGREEMENT: MIAMI CAPITAL DEVELOPMENT INC. FOR PURPOSE OF PROFESSIONAL SERVICES. R-81-677 81-677 24 ALLOCATED $50,000 SPECIAL PROGRAMS AND ACCOUNTS ADDITIONAL COMPENSATION TO LAW FIRM OF PAUL, LANDY BEILEY AND HARPER CONTINUED REPRESENTATION CITY VS. LENARD GATES R-81-678 81-678 - 25 ACCEPT PLAT "GABLES WALK" R-81-679 81-679 26 ACCEPT PLAT "FUTURA PROFESSIONAL SUBDIVISION" R-81-680 81-680 - 27 ACCEPT BID: SEATING FOR NEW CONVENTION CENTER R-81-681 81-681 28 FORMALIZING RESOLUTOIN: WAIVE RENTAL FEE FOR USE OF BAYFRONT PARK AUDITORIUM -COMMEMORATIVE CELEBRATION OF CUBAN ARMED FORCES DAY R-81-682 81-682 29 ALLOCATE $175,000 NEW WORLD FESTIVAL INC. NEW WORLD CONTEMPORARY FESTIVAL R-81-683 81-683 30 PAY ADDITIONAL $1,950 TO SHAFER AND MILLER INC. ADMINISTRATION BUILDING R-81-684 81-684 31 ORDERING RESOLUTION: KOUBEK SANITARY SEWER IMPROVEMENT SR 5477 C R-81-685 81-685 32 ORDERING RESOLUTION: KOUBEK SANITARY SEWER IMPROVEMENT SR-5477-S R-81-686 81-686 33 ORDERING RESOLUTION: KIRKLAND SANITARY SEWER IMPROVEMENT SR-5478-C R-81-687 81-687 34 ACCEPT BID: PNM CORPORATION -RIVERSIDE PARK -CD PROJEC R-81-688 81-688 35 ACCEPT BID: SUNSET ENTERPRISES,INC.-BELLE MEADE ISLAND BRIDGE MODIFICATIONS 1981 R-81-689 81-689 36 ACCEPT BID: ANKNEY AND CHRISTENBURY ENT., INC. DAY CARE CENTERS -EXPANSION R-81-690 81-690 37 ACCEPT BID:SUNSET ENTERPRISES MELROSE PARK IMPROVEMENT R-81-691 81-691 38 ACCEPT COMPLETED WORK DMP CORPORATION. DOWNTOWN GOVERNMENT CENTER.STORM SEWER MODIFICATIONS R-81-692 81-692 ITD4 NO. .r•r+ 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 CONTINUED DOCUMENT IDENTIFICATION ACCEPT COMPLETED WORK:TIMCO ELECTRIC INC. MIAMI STADIUM FIELD LIGHTING 1981. ACCEPT COMPLETED WORK: ASSOCIATES CONSTRUCTION CORPORATION. LEMON CITY PARK. COMMUNITY DEVELOPMENT PROJECT. APPROVE TWENTY EXEMPTIONS FROM THE HIRING FREEZE. AWARD $1,750,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, $4,400,000 HOUSING BONDS AND $3,000,000 SEWER IMPROVEMENTS BONDS OF THE CITY CONFIRM ORDERING RESOLUTION: AUBURN SANITARY SEWER IMPROVEMENT SR-5475-C CONFIRM ASSESSMENT ROLL: S.W. 22ND STREET HIGHWAY IMPROVEMENT PHASE II(H-4395) AUTHORIZE AGREEMENT: ALBERT R. PEREZ ASSOCIATES, P.A. LANDSCAPE ARCHITECTURAL SERVICES FOR RENOVATION OF MANOR PARK ACCEPT BIDS WYNWOOD COMMUNITY DEVELOPMENT PAVING PROJECT PHASE V-HIGHWAYS ACCEPT BID:WYNWOOD COMMUNITY DEVELOPMENT PAVING PROJECT PHASE V DRAINAGE FORMALIZING RESOLUTION: ALLOCATE UP TO $10,000 FOR CONTINUED CONSULTANT SERVICES DURING NEGOTIATIONS WITH CABLE T.V. (TELECOMMUNICATIONS MANAGEMENT CORPORATION) CONTINUE FUNDING N.E.D.A. FOR ONE MORE MONTH. CHANGE ZONNING CLASSIFICATION 1300-1318 S.W. 12 AVENUE, CUBAN MUSEUM. WITH STIPULATIONS TO BE SUBMITTED TO ADMINISTRATION. PUBLIC HEARING VACATION AND CLOSURE OF RICE STREET MAYFAIR III RESOLUTION GRANTED SUBJECT TO SUBMISSION OF VOLUNTARY CONVENANT GRANT ONE YEAR EXTENSION FOR DRIVE IN TELLERS. N.E. 13 STREET AND SECOND COURT. VACATE AND CLOSE N.W. 6 COURT BETWEEN N.W. 58 AND 60 STREETS TENTATIVE PLAT "SIMPSON ADDITION" DADE COUNTY HUD. APPROVE MIAMI DESIGN PLAZA PARKING STUDY AREA GENERALLY BOUNDED BY N.E. 41 STREET, N.E. 36 STREET, N.W. MIAMI AVENUE AND FEC. RAILROAD. APPROPRIATE $30,000 FOR FEASIBILITY STUDY OF PARKING GARAGE IN THE MIAMI DESIGN PLAZA AREA R-81-693 R-81-694 M-81-695 R-81-698 R-81-699 R-81-700 R-81-701 R-81-702 R-81-703 R-81-705 R-81-711 R-81-721 R-81-723 R-81-724 R-81-725 R-81-726 PAGE # 3 81-693 81-694 81-695 81-698 81-699 81-700 81-701 81-702 81-703 81-705 81-711 81-721 81-723 81-724 81-725 81-726 -1 -- CONTINUED PAGE # 4 IhM "�. DOCUMENT IDENTIFICATION L.Vrw-ljkQQA will AQ= U%%. Ifni Vvr%%. cont NO. 55 EATABLISH PROPOSED MILLAGE RATE FOR FY BEGINNING OCTOBER 1, 1981 REQUEST EACH DEPARTMENT HEAD TO REPORT IMPACT OF 10% REDUCTION R-81-727 81-727 ! 56 FORMALIZING RESOLUTION TO ALLOCATE $25,000 FOR PUBLIC 3 INFORMATION FOR $21,000,000 FIREFIGHTING BOND ISSUE R-81-729 81-729 57 AUTHORIZE CITY ATTORNEY TO SEEK APPROVAL FROM AND ENTER INTO AGREEMENT WITH PLAINTIFFS FRANKLYN G. COHEN VS. CITY OF MIAMI TO EXTEND PRESENT PROMOTIONAL REGISTE FOR POLICE SERGEANT, POLICE LIEUTENANT .AND POLICE CAPTAIN R-81-730 81-730 58 APPROVE SELECTION OF RUSSELL MARTINEZ AND HOLT: DESIGN PLAZA AREA PROFESSIONAL ARCHITECTURAL/ ENGINEERING SERVICES. R-81-731 81-731 59 APPROVE CONSTRUCTION OF RECREATIONAL FACILITIES IN BICENT ENNIAL PARK SUBJECT TO SITE PLAN APPROVAL BY THE COMMISSION R-81-732 81-732 60 APPROVE ALLAPATTAH GREAT NEIGHBORHOOD COMMUNITY REVITALIZATION PLAN. R-81-733 81-733 61 APPROVE APPLICATION FOR SIX MONTHS EXTENSION OF CONDITIONAL USE AND VARIANCE-BISCAYNE FABRICS, INC. 111 N.W. 40TH STREET AND 4000 NORTH MIAMI AVENUE R-81-735 81-735 R-81-736 81-736 62 GRANT ONE YEAR EXTENSION OF CONDITIONAL USE FOR STORAGE OF 150 RENTAL CARS AT 550 N.E. 2ND AVENUE R,-81-737 81-737 63 ACCEPT GRANT FOR CULTURAL PROGRAM: "SYNERGETICS" R-81-738 81-738 - 64 AGREE IN PRINCIPLE TO PROPOSED EXPANSION OF RUSTY PELICAN RESTAURANT COMMUNICATION WITH NEIGHBORS AND I PROVIDE FOR PUBLIC HEARING R-81-739 81-739