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Home My WebLink AboutCC 1981-06-25 Minutes}, L Ft �X-tpry 4? a?. LL • w t ... a0'�^. - MIAMtf rys� COMMISSION 7 r t' z 1 w June 250 1981 OF MEETING HELD ON (REGULAR - P & Z) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL vg RALPH G, ON ''IE CITY CLERK 1 z 5 6 7 8 9 10 11 12 13 14 15 RESOLUTIONS OF CONDOLENCES IN THE DEATH OF EDWARD BALL (LATER FORMALIZED R-81-553) RESOLUTION OF CONDOLENCES IN THE DEATH OF JOHN S. (LATER KNIGHT FORMALIZED R-81-554) ACCEPT GRANT: YOUTH CONSERVATION CORPS PROGRAMS R-81-525 APPROVE QUALIFIED CONSULTING FIRMS: LANDSCAPE/ ARCHITECTURAL SERVICES FOR RENOVATION OF MANOR PARK R-81-526 AUTHORIZE AGREEMENT: ROBERTO M. TARAFA, PROJECT ENGINEER CITY OF MIAMI/JAMES L. KNIGHT/UNIVERSITY OF MIAMI CONVENTION CENTER R-81-527 AUTHORIZE AGREEMENT: LEGISLATIVE ADVISORY SERVICES, WASHINGTON, D.C. CRAMER AND CRAMER R-81-528 AUTHORIZE AGREEMENT: DADE COUNTY PUBLIC SCHOOLS CITY C.E.T.A. TITLE IV PARTICIPANTS R-81-529 AUTHORIZE LOAN: $175,000 FROM F.P. AND L. FRANCHISE FUNDS/SECURITY FENCING AND GATES -ORANGE BOWL R-81-530 AUTHORIZE AGREEMENT: SENIOR COMMUNITY SERVICES OF DADE COUNTY INC. "HOME SAFETY INSPECTION PROGRAM" R-81-531 REQUEST R.F.P.'S FROM QUALIFIED FIRMS IN PUBLIC EMPLOYEE DEFERRED COMPENSATION FIELD TO IMPLEMENT VOLUNTARY DEFERRED COMPENSATION PROGRAM FOR CITY EMPLOYEES R-81-532 AUTHORIZE AGREEMENT: PEAT, MARWICK, MITCHELL AND CO. UPDATE OF CITY'S INDIRECT COST ALLOCATION PLAN R-81-533 AUTHORIZE AGREEMENT: DYNAMIC CABLE VISION OF FLORIDA, INC. USE OF CITY STREETS, WAYS AND PUBLIC PLACES FOR TRUNK LINES TO THE CITY OF WEST MIAMI R-81-534 CLAIM SETTLEMENT: NANCY F. MC. CUE AND EDWARD G. MC. CUE R-81-535 WAIVE REQUIREMENT OF FORMAL SEALED BIDS: REPAIRS TO PISTOL RANGE FOR DEPARTMENT OF POLICE R-81-536 WAIVE REQUIREMENT OF FORMAL SEALED BIDS: CUSHMAN FM RADIO TEST SET R-81-537 AWARD BID: DEMOLITION OF S.C.L. RAILROAD STATION R-81-538 CONSENT AGENDA ACCEPT SEVERAL BIDS FROM SEVERAL SUPPLIERS (AS DESCRIBED IN THE BODY OF RESOLUTION NO, 81-539) FOR DEPARTMENT OF FINANCE -81-539 1-2 2-3 3-4 ff µ-5 6-7 7-S sr 8 8-10 1G-11 LE 12 17 ;tO Ww Nnt _ . ,Hlff0 I Il4 1M NoI I (REGULAR—P & Z) SUBJECT JUNE 25, 1981 QRDINANCE 05 KESOLUTIaN No. I PAGE NO, 17.2 ACCEPT BID —BIG "C" LITTLE "0" PAVING AND EQUIPMENT RENTAL IN PROPOSED AMOUNT OF $274,727.50 FOR CULMER C.D. PAVING PROJECT —PHASE IV,ETC. R-81-540 17.3 ACCEPT COMPLETED WORK: DMP CORPORATION FOR LATIN QUARTER COMMUNITY DEVELOPMENT SANITARY SEWER PROJECT,ETC. R-81-541 17.4 ACCEPTED COMPLETED WORK: T & N CONSTRUCTION COMPANY, INC. AND AMERICAN FIDELITY FIRE INSURANCE COMPANY, THE SURETY, FOR COCONUT GROVE COMMUNITY DEVELOPMENT PAVING PROJECT. PHASE II,ETC. R-81-542 17.5 ACCEPT COMPLETED WORK: SUNSET ENTERPRISES, INC. FOR MIAMARINA STRUCTURAL REPAIRS, ETC. R-81-543 17.6 RDERING RESOLUTION AUBURN SANITARY SEWER IMPROVEMIENT R-81-544 17.7 ACCEPT COMPLETED WORK: F. & F. CONSTRUCTION COMPANY, INC. AND LUIS M. FERRER (JOINT VENTURE), FINALLY COMPLETED BY THE SURETY, FIDELITY AND DEPOSIT COMPA.N'Y OF MARYLAND (WYNWOOD COMMUNITY DEVELOPMENT PARKING PROJECT —PHASE IV) R-81-545 17.8 RESCIND RESOLUTION 81-278—"ORDERING RESOLUTION: N.W. 23 STREET SANITARY SEWER IMPROVEMENT"ETC. R-81-546 17.9 RESCIND RESOLUTION 81-188 "ORDERING RESOLUTION—N.W. 23 STREET HIGHWAY IMPROVEMENT, ETC. R-81-547 17.10 RESCIND RESOLUTION 81-510—"CONFIRMING ORDERING RESOLUTION 81-336—CITY WIDE WEST 57 AVENUE SANITARY SEWER IMPROVEMENT SR-5469—C",ETC. R-81-548 17.11 RESCIND RESOLUTION NO. 81-511 ENTITLED "A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-337, ' ETC. (CITY WIDE WEST 57TH AVENUE) SANITARY SEWER IMPROVEMENT SR-5469—S R-81-549 17.1Z A —AUTHORIZE AGREEMENT WITH CAMACOL (LATIN CHAMBER OF COMMERCE) TO SUPERVISE/COORDINATE 1'2ND HEMISPHERIC CONGRESS OF LATIN AMERICAN CHAMBERS OF COMMERCE $35,000.00 B—AUTHORIZE AGREEMENT WITH CAMACOL FOR THE CREATION AND OF A PROPOSED PERMANENT "SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN AMERICAN CHAMBER OF COMMERCE AND INDUSTRY — $65,000.00 R-81-550 17,13 FORMALIZING RESOLUTION TO EXTEND FUNDING OF THE LOCAL OFFICE OF THE NATIONAL ECONOMIC DEVELOPMENT ASSOCIATION (N.E.D.A.) FOR CONTINUED OPERATION THROUGH JUNE 25, 1981, ETC. R-81-551 18 DISCUSSION IN CONNECTION WITH PROPOSED BIFURCATED PLAN FOR DUPONT PLAZA AREA M-81-552 18.1 CONTINUED DISCUSSION RE: BIFURCATED PLAN FOR DUPONT 1111AZA AREA —COMMISSION QUESTIONS NEGOTIATING ROLE OF MR. ROY KLNZIE (TEMPORARILY DEFERRED) DISCUSSION 18 18 m 19 19 1 19 1 20 1 20 1 20 1121 121 121 122— 3?. k MIS �� `NDEX '1�T�.��'4`i i CI � SSI iI�IDA PAGt # 3 OR ITF1�9 NO, Sa ECT rsoLUTION�wUTcOI PACE NO, (REGULAR-P & Z) JUNE 25, 1981 - - n'__1 - 19 20 21 22 22.0 22.1 23 23.1 23.2 24 25 26 27 28 29 30 31 32 33 PERSONAL APPEARANCE: PRESIDENT OF BANK OF VENEZUELA DEDICATION OF NEW BANKING FACILITY IN MIAMI CONTINUED DISCUSSION OF BIFURCATED PLAN FOR DUPONT PLAZA: EXTEND MORATORIUM OF BUILDING PERMITS UNLESS AGREEMENT IS REACHED REGARDING RESOLUTION OF TRAFFIC PROBLEMS IN DUPONT PLAZA AREA AUTHORIZE AGREEMENT: HOLYWELL CORPORATION FOR USE OF SOUTHERN PORTION OF BAYFRONT PARK, EQUIPMENT STAGING ETC. MOTION OF INTENT: AWARD CONTRACTS FOR BUS BENCHES AND BUS SHELTERS (TEMPORARILY DEFERRED) BACK TO DISCUSSION OF AGREEMENT-HOLYWELL CORPORATION FOR USE OF PARKING IN BAYFRONT PARK MOTION OF INTENT: AWARD CONTRACTS FOR BUS BENCHES AND BUS SHELTERS (CONTINUED) AUTHORIZE AGREEMENT: MIAMI-DADE COMMUNITY COLLEGE FOR ATHLETIC CONSTRUCTION USE OF FACILITIES IN BICENTENNIAL PARK CONTINUED DISCUSSION: HEMISPHERIC CONGRESS OF LATIN CHAMBER OF COMMERCE ZONING VIOLATIONS AND IMPROPER USE OF PUBLIC RIGHT OF WAY-3500 PLAZA AVENUE, COCONUT GROVE DISCUSSION ITEM: IMPROPER USE OF RIGHT OF WAY- 3500 PLAZA AVENUE PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS PERSONAL APPEARANCE: DEAN PAPPER REQUESTING MATCHING FUNDS FOR PAN AMERICAN WORLD TRADE FAIR RECEIVE AND OPEN SEALED BIDS: MANOR HIGHWAY IMPROVEMENT PHASE I (H-4465) 7TH YEAR COMMUNITY DEVELOPMENT FUNDS: ALLOCATE FUNDS, ETC. ALLAPATTAH TEMPORARILY EXCLUDED AUTHORIZE AGREEMENT: 9 NEIGHBORHOOD DEVELOPMENT AGENCIES NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM (C.D.) ALLAPATTAH IS TEMPORARILY EXCLUDED AUTHORIZE AGREEMENT: MIAMI CAPITAL DEVELOPMENT,INC. FINANCIAL ASSISTANCE PROGRAM DISCUSSION OF ENFORCEMENT POLICY CONCERNING SALE OF OLD GOLD AND SILVER -ACTION DEFERRED FOR 30 DAYS FINANCE DEPARTMENT IMPROVEMENTS: AUTHORIZE CITY MANAGER TO IMPLEMENT PLAN ail OR PLAN #2 AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT: BOOZ-ALLEN FOR STUDY OF MANPOWER EMPLOYMENT IN THE MIAMI POLICE DEPARTMENT DISCUSSION M-81-555 M-81-556 DISCUSSION DISCUSSION M-81-557 M-81-558 (SEE R-81-550) DISCUSSION DISCUSSION DISCUSSION M-81-559 M-81-560 R-81-561 R-81-562(A) R-81-563 DISCUSSION M-81-564 M-81-565 37-38 38-49 50-56 57 'y - tifk� ze} 5'i-58 H; µ 58-60 ,4 ,4 a� { 61-65 65-67 67-68 Y 69-72 72 73-75 75-76 77-80 81-90 91-92 92-95 95-100 100-103 • � zM Ss i i � tfi v F- it (` °{z lidf'fflAFoMI SAGE �� 4 MINANCE 101 NO. (REGULAR-P & Z) SMCT JL'NE 25, 1981 1 KESOLUTION10. I PAS NO, 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 "DISCUSSION ITEM: MINORITY PLACEMENT AS REPORTED BY HUMAN RESOURCES DEPARTMENT DISCUSSION ITEM: LACK OF REPORT FROM POLICE DEPARTMENT REPORTING SPENDING OF FUNDS FOR OVERTIME INSTRUCT CITY ATTORNEY TO FILE SEPARATE LAWSUIT AGAINST CENSUS BUREAU FOR UNDERCOUNT BASED ON DELTA SYSTEMS REPORT DISCUSSION ITEM: PARTNERS FOR YOUTH PROGRESS DISCUSSION ITEM: MARINE STADIUM STUDY MOTION OF INTENT: TO ACQUIRE F.E.C. PROPERTY AS SOON AS POSSIBLE TO BE USED AS A CULTURAL CEN17ER, SPORTS I FACILITY AND / OR MARITIME MUSEUM LOW AlNM MODERATE INCOME RENTAL EOUSING:INSTRUCT CITY MANAGER TO PUT OUT R.F.P.'S FOR FIRST UNITS EXEMPTIONS TO HIRING FREEZE TO CERTAIN CITY DEPARTMENTS APPROVE SELECTION BY COMPETITIVE SELECTION COMMITTEE DESIGN AND CONSTRUCTION OF DOCKMASTERS OFFICE AT DINNER KEY APPROVE SELECTION MADE BY COMPETITIVE SELECTION COMMITTEE PROFESSIONAL/ARCHITECTURAL/ENGINEERING SERVICES FOR DINNER KEY MARINA EXPANSION PROJECT RECONSIDERATION OF ACCEPTANCE OF COMPLETED WORK COCONUT GROVE COMMUNITY DEVELOPMENT PAVING PROJECT PHASE II (NO FURTHER ACTION WAS TAKEN) DIRECT CITY MANAGER TO ATTEMPT TO FIND BENCHES AND TABLES FOR CENTRO SAN JUAN DE PUERTO RICO RECREATIONAL PARK MOTT^w OF INTENT -NO COMMISSION OBJECTION TO POSSIBLE CHANGE OF CIVIC TOWER PROJECT IN ALLAPATTAH TO SENIOR CITIZEN LOW RISE HOUSING REQUEST BY HAITIAN AMERICAN VOTER EDUCATION CENTER FOR USE OF OLD FIRE STATION (REFERRED TO THE CITY MANAGER) ALLOCATE $10,000 FOR "OVERTOWN COMING ALIVE"PROJECT REVIEW OF FY 81-82 BUDGET -NO FURTHER LAYOFF OF CIVIL SERVICE EMPLOYEES UNTIL FULL IMPACT OF BUDGET IS KNOWN ACCEPT REPORT FOR DOWNTOWN GOVERNMENT CENTER PARKING FACILITY SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 700-798 826-922 N.W. 23 STREET FROM C-5 AND I-1 TO GU. DISCUSSION DISCUSSION M-81-566 DISCUSSION DISCUSSION M-81-567 M-81-568 M-81-569 M-81-570 R-81-571 R-81-572 DISCUSSION DISCUSSION M-81-573 DISCUSSION M-81-574 M-81-575 R-81-576 ORD. 9283 i0:-i,.. 112 1 - i 129-13_- 131-.:r 136-138 138-141 141-142 142-14 7 147-149 149-15 151-16i 101-16 163 - .a', �. "r tkti i 1 +� P 51�'' - _ 7m psi # 5 -- 10 NO. f (REGULAR-P & Z) SMCT JUNE 25, 1981 52 1 SECOND READING ORDINANCE: AMEND ARTICLE XXIII OFF STREET PARKING AND LOADING TO PROVIDE REDUCED STANDARD AND COMPACT PARKING SPACES 53 SECOND READING ORDINANCE: AMEND ARTICLE IV -GENERAL PROVISIONS TO ALLOW ACCEPTANCE OF PLATTED LOTS OR DIVIDED LOTS RECORD AS OF 9-25-46 54 SECOND READING ORDINANCE: AMEND COMPREHENSIVE ZONING ORDINANCE DRIVE IN TELLER CONDITIONAL USE TO BE APPROVED BY THE CITY CO.L*SISSION 55 BRIEF DISCUS*:,ION AND DEFERRAL OF AGENDA ITEMS - 5 "A" AND 5 "B" 56 FIRST READING ORDINANCE: GROUND LEVEL PEDESTRIAN OPEN SPACE IN SPD-1 CENTRAL ISLAND DISTRICT 57 FIRST READING ORIDINANCE: NEW ARTICLE XV-1 CENTRAL C01011ERCIAL CBD-2 DISTRICT 58 DISCUSSION AND DEFERRAL OF REQUEST FOR CHANGE OF ZONING CLASSIFICATION -BLOCKS BOUiV11Fn BY BISCAYNE BOULEVARD, N.E. 14TH STREET, N. BAYSHORE DRIVE AND N.E. 13TH STREET 59 DISCUSSION AND DEFERRAL OF REQUEST FOR CHANGE OF ZONING CLASSIFICATION-1402-1455 BISCAYNE BOULEVARD 308 N.E. 14TH TERRACE STREET AND N. BAYSHORE DRIVE 60 FIRST READING ORDINANCE: COMMUNITY BASED RESIDENTIAL FACILITIES 61 DENIAL OF REQUEST FOR CHANGE OF ZONING- 3065 PLAZA STREET FROM R-2 TO C-4 62 GRANT REQUEST FOR VACATION AND CLOSURE OF S.W. 3RD STREET AND 50TH AVENUE -TENTATIVE PLAT #1067 "NATALIA" 63 APPROVE BUENA VISTA COMMUNITY REVITALIZATION PLAN 64 GRANT PERMISSION TO CONSTRUCT RECREATIONAL FACILITIES IN FORT DALLAS PARK (48-64 S.E. 4TH STREET) 65 APPROVE TEMPORARY TRAILER FOR BANK OFFICES, PERMANENT BANKING FACILITEIS AND SNACK BAR 1007-1020 NORTH AMERICAN' WAY (DODGE ISLAND) I 66 APPROVE PLANNED AREA DEVELOPMENT WITH CONDITIONS; 1014 - 1090 VENETIAL WAY Rno�n m No. PACE No, ORD. 9284 164 ORD. 9285 165 ORD. 9286 DISCUSSION 1ST READING 1ST READING M-81-577 M-81- 578 1ST READING DISCUSSION R-81-579 R-81-580 R-81-581 R-81-582 R-81-583 166 169-1;; 177-19G 190-1*, 196 - i`l 199-2G; 20S-__ . 218-2, 221-2_' 223-2 ,_' - t My, NO# 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 JUNE 25, 1981 rlNMCE(RELAR P � Z) &UCT OUITIay GU10, PAGE NO, GRANT CONDITIONAL USE FOR 4-DRIVE IN TELLERS 10-44 S.W. 14TH STREET ZONED R-CB DEFER CONSIDERATION OF EXTENSION OF CONDITIONAL USE: DRIVE IN TELLERS AT N.E. 13 STREET AND 2ND COURT ACCEPT PLAT: LITTLE HAVANA FIRST ADDITION ACCEPT PLAT: BRICKELL KEY ON CLAUGHTON ISLAND ARRANGE FOR SPECIAL MEETING APPOINT JOSE LU'IS ROBLES TO THE ADVISORY COUNCIL ON ECONOMIC DEVELOPMENT FIRST READING ORDINANCE: INCREASE APPROPRIATION IN ENTERPRISE FUND, ORANGE BOWL- STADIUM 2% RESORT TAX FOR SECURITY FENCING kND GATES AROUND ORANGE BOWL PARKING LOTS FIRST READING ORDINANCE: AMEND ORDINANCE 8835 "POLICE SECOND DOLLAR TRAINING" FIRST READING ORDINANCE: ESTABLISH A NEW TRUST AND AGENCY FUND "1981 YOUTH CONSERVATION CORPS PROGRAM" ACCEPT BID: CLEANING ORANGE BOWL STADIUM, MIAMI MARINE STADIUM AND MIAMI BASEBALL STADIUM CONTINUE FUNDING NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPMENT CONFERENCE FOR 1 ADDITIONAL MONTH CONFIRM ASSESSMENT ROLL: EAST BRADDOCK SANITARY SEWER IMPROVEMENT DISTRICT SR-5410-C CONFIRM ASSESSMENT ROLL: BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390 AUTHORIZE SEALED BIDS: CONSTRUCTION OF CITY WIDE WEST 57 AVENUE SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-C AUTHORIZE SEALED BIDS: CONSTRUCTION OF CITY WIDE - WEST 57 AVENUE SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-S (ORDERING RESOLUTION) ACCEPT PROPOSED ECONOMIC ADJUSTMENT PLAN PREPARED BY JANUS ASSOCIATES FIRST READING ORDINANCE: OVERHIRING 50 POLICE OFFICER REQUEST GOVERNOR ROBERT D. GRAHAM TO VETO SENATE BILL 895 INCREASING CITY LIABILITY, SELF INSURED RESERVE, ETC. SCHEDULE TO BE FOLLOWED REGARDING CABLE T.V. PUBLIC HEARINGS DISCUSSION ITEM: CITY MANAGE 'S APPOINT.mXAT OF JACK ALFONSO AS LIAISON BETWEEN ThE LATIN CO2�MUN17y R-81-584 DISCUSSION R-81-585 R-81-586 M-81-587 M-81-588 1ST READING 1ST READING 1ST READING R-81-589 M-81-590 R-81-591 R-81-592 R-81-593 R-81-594 R-81-595 1ST READING R-81-596 R-81-597 232-23�4 234-235 235-2 36 236-237 237-23�', 238 238-2�9 239-240 240-241 2 4 1 - 2 4 242-243 243 244 — 244-245 245 246-247 = 247-24b 248-249 249-2 JO la, NO$ 4FA 88 1 89 ffFlAF&DA WAGE I17 1 ALLOCATE $5,500.00—"8TH ANNUAL MIAMI INTERNATIONAL ROWING REGATTA" URGE SENATORS AND REPRESENTATIVES OF FLORIDA LEGISLATURE TO SUPPORT SINGLE MEMBER DISTRICT ELECTIONS AUTHORIZE AGREEMENT: MANAGEMENT INC. FOR FURNISHING AS REQUIRED: ON CALL PROGRAMMING —ANALYTICAL SERVICES FOR THE CITY COMPUTER OPERATIONS DEFERRAL OF CONSIDERATION: ESTABLISH NEW GUIDELINES WITH REGARD TO CITY METHOD OF COLLECTING FUNDS tD 1NANcE PAGE No, SOLUTION 0, R-81-598 R-81-599 R-81-600 252 253 253—"25- 254RE i The meeting was called to order at 9:08 A. M., by Mayor Ferre with the following members of the Commission found to be present. Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ALSO PRESENT SERE: Howard V. Gary, City Maager ri 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 allegience to the flag. 1. RESOLUTIONS OF CONDOLENCES IN THE DEATH OF EDWARD BALL. Mayor Ferre: Good morning, Ladies and Gentlemen. This is a regular City of Miami Commission Meeting and as we start, I'm sure that everyone is aware of passing of Edward Ball. Mr. Ball, at times, has been in the past a proponent and sometimes a opponent to some things that the City and this community have wanted, but at all times, he was a vibrant, interested, involved, dynamic individual and even though, at times as I said, that we may have had differences, certainly he was a man whose opinion we all respected and a person who even at age 93 marks the passing of an era, which has been primary importance to the state of Florida. Whatever our persuasion may be, I'm sure that I reflect the sentiment of the majority of this community and perhaps, you may want to pass a resolution to the family and to the members of the different boards. Mr. Plummer: Mr. Mayor, I would honored to make should a resolution. I did not have the pleasure of knowing Mr. Ball personally. I have only met the gentlemen once in ml lifetime, shortly after I went on to this Commission, but there is no question that this man was a great part of this great state of Florida and I think that it is only fitting and proper that we, the City of Miami, express our sorrow at his passing and the appropriate motion, I think, in order that we proceed with making the appropriate resolution and forwarding it to the family and I so move. Rev. Gibson: Mr. Mayor, I'd be delighted to second that if you put one other name in the pot or put one other name in the memorial and that's Knight. Mayor Ferre: I won't do that. I want to do that separately. Rev. Gibson: Oh, I see. I just didn't want to...Okay. I second the motion, Mayor Ferre: All right. rurther discussion? All right, calf the roil, plgaay. . V1 JUN 251981 I� Mr. Plummer: Mr. Ongie: Rev. Gibson: Mr. Ongie: Mayor Ferre: Mr. Plummer? Rev. Gibson? Mayor Ferre? Yes. 2. RESOLUTION OF CONSOLENCES IN THE DEATH OF JOHN S. KNIGHT. Mayor Ferre: We also have the passing of, what I think, was a giant in the communications world. John Knight started in Akron, Ohio and built what be- came today the largest newspaper network in Knight-Ridder newspapers. I had the occasion on many times to discuss many matters with Mr. Knight. He was a sometimes caustic, sometimes even sarcastic, but a man, who was brilliant and who was extremely honorable and honest, dedicated to the integrity of his newspapers. I think that the model and the standards that he set were always kept would certainly be...we could not ask for higher role model not only the Knight-Ridder newspaper, but for all newspapers than the standards set by John S. Knight and certainly his passing is something, is another mark in an era. He was a giant amongst giant and I'm sure his presence and example although missed, will live on as an example to many others in the newspaper world and, in deed, throughout the country. He was a passing of a great news- paper man and a great American. And I think we should also pass a resolution appropriately to the Knight family. Rev. Gibson: I move, Mr. Mayor. Mayor Ferre: Is there a second? 44 y +ta + f N$ Mr. Plummer; Second. Mayor Ferre: Further discussion. Call the roll, please. THEREUPON THE FOREGOING MOTION, duly introduced byE Commissioner Gibson and seconded by Commissioner t� Plummer was passed and adopted by the following vote: �i k y 2u+ h AYES: Mr. Plummer, Rev. Gibson and Mayon Ferre. k 5y4 dxv NOES; None.ffi �fi ABSENT; Mr. Carol p and Mr. I,acasa. 02 -- JUN 251981 i,,ggn �r c f -� rL �i �L.AM FORMALIM IWO kkSOLUMN 81-654) Mnie : Rev. Gibson Re ! Rev, Gibson: Yes. ! , � Mr. Ongie. Mr. Plummer? Mr. Plummer: Yes. ! Mr. Ongie: Mayor Ferre. Mayor Ferre: Yes. On the question of the Minutes of the Regular Meeting of April 9th, is there a motion to approve those? Mr. Plummer: Move. Rev, Gibson: Second. Mayor Ferre: Been moved and seconded. Is there further discussihn? If not', Call the roll, please. Mr. Ongie: Mr. Plummer? Mr. Plummer: Yes. t f Mr. Ongie: Rev. Gibson? _ ,1y Rev. Gibson: Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: Yes. Now, Ladies and Gentlemen, I just a phone call that Commissioner Carollo has been detained. He has a problem and will not be here. So, it's a quarter of ten, which is half of hour from now. That of course creates a problem for several people who have other commitments and airplanes and I apologize on behalf of the Commission. I think what we ought to do is take up, until we at least get Armando Lacasa, here who should be here at any moment now other items that we can shorten our afternoon session or morning session. Mr. Manager, good morning to you, sir. Mr. Gary: Good morning. Mayor Ferre: And what do you recommend? What areas can we...that are non- controversial in nature? We cannot take Items 1, 2...how about Item 5, cleaning of the Orange Bowl. Is that a non -controversial, J.L. J.L., got any problems with that? Mr. Plummer; I've got serious problems with that. Mayor Ferre: Six? Is there a problem with 6? Mr. Plummer: I don't have any problems. Mr. Gary: We have a problem with 6. 3. ACCEPT GRANT: YOUTH CONSERVATION CORPS PROGRAMS Mayor Ferre: Seven? Youth Conservation Corps,> �k Y May6r Porte., Seven? youth C6nPervat3.6h C6rps7 E „F{ 1 Mr. Plummer: No problem. 9y*<< sf s r Mayor Ferre: You have any problems with 7, Father? Rev. Gibson: No, sir. Mayor Ferre: We will not take up the formal City Commission Meeting which is the 10:30 agenda and then we will take up Item 7, until we get a fuller Commission. The move by Plummer and seconded by Gibson. Is there any further discussion on Item 7? Call the roll please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-525 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $29,665 FROM THE STATE OF FLORIDA DEPARTMENT OF EDUCATION YOUTH CONSERVATION CORPS PROGRAM; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREE- MENT TO IMPLEMENT THE PROGRAM. (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. t ABSENT: Mr. Carollo. s itt i�'ta Zw �tni��if. Mr. Ongie : Mr. Plummer? Mr. Plummer: Yea. bFa� 9ikt�Y erg a i ft..F1��,��"��T�,TM'S"� Mr . Ongie : Rev. Gibson? Rev. Gibson: Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: Yes. 4. APPROVE QUALIFIED CONSULTING FIRMS: LANDSCAPE/ARCHITECTURAL SERVICES FOR RENOVATION OF MANOR PARK Mayor Ferre: How about Item 8? Mr. Plummer: Who are the firms? Mr. Gary: The firms in ranking order are: Abbott R. Perez Associates, O'leary, Shaeffer, Acasio; Strasser, Smith and Strasser. Mr. Plummer: Are those companies local? Well, all I want to remind you is of African Square. 04 JUN 25 981 yF� ! - %-i i '1 IS.• 7y MV► dibs6n: That's right: Mrs. Plummer: I want to remind you that this C6ftnlSsibh got raked over the coals for trying to do what the community thought they wanted. I want to recall to your memory the firm that was selected was a New York firm who used a local man as a token when anything was tried to be accomplished it took 3 weeks. Mayor Ferre: J.L., I concur and I think that Father does,too. But Albert R. Perez Associates is number one is a local and the number two is O'Leary, Shaeffer, and Ocosia, which is local and if you wish, why don't you limit it to those two and see if they can work out a contract and agreement. Rev. Gibson: Right, because... Mr. Plummer: Move it under those circumstances. Rev. Gibson: Right, because those plants that grow in New York won't grow here. Mayor Ferre: Plummer moves.. Rev. Gibson- I Second. Mayor Ferre: Gibson seconds in the order that is number one and two, the administration is requested to try to negotiate an agreement. Further discussion on Item 8 is amended. Call the roll please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-526 A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTING FIRMS TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR THE RENOVATION OF MANOR PARK; AUTHORIZING THE CITY MANAGER UNDERTAKE NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS, TO ARRIVE AT A CONTRACT WHICH IS FAIR, COMPETITIVE, AND REASONABLE, AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE COMMMISSION FOR RATIFICATION AND APPROVAL BY THE COM- MISSION. (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. Nor: f.F I i'6,: 34�zi ABSENT: Mr. Carollo. Mr. ge: Rev. G On iGibson? .IFJ wSCirl( Rev. Gibson: Yes. � �N t f � Mr. Ongie: Mr. Plummer; Mr. Plummer: Yes . M. On ie ; Mayor i.x1✓ �'Jr,��''it xF"4i •�ts'� �jx ��Y"�i� y s 3 at k' ,1,^k, ti � �"MI s s kk vh , .�dL^t W ya, m Mayor ty . Yes, a `t a?. <" {I� t� �` y�QrPr.tfifitrs a,f ki,x�sl��11T". WA, a RIZE 5. CITYOOOF MIAMI/JAMES•R L.KNIGHT/UNIVERSITY OFO IAMENGINEER ICONVENTION CENTER Mayor Ferre: Nine is going to be controversial. Ten? Mr. Plummer: The only question that i have on 10, is how much longer? Mayor Ferre: February next year. Better, March....April, I'm sorry. Mr. Plummer: I move 10. Mayor Ferre: Plummer moves 10. Rev. Gibson: Seconded. Mayor Ferre: Gibson seconds. Further discussion. Call the roll on The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-527 A RESOLUTION AUTHORIZING ECITY ACCORDIWINAGER To ENTER I WITH FORM OF THEATTACHED AN AGREEMENT IN SUBSTANTIAL AGREEMENT WITH ROBERTO MIGUEL TARAFA FOR HIS SERVICES AS PROJECT ENGINEER, IN CONNECTION WITH '� CONSTRUCTION OF rniE CITY OF MIAMI/UNIVERSITY OF MI BE EXPENDED FROM THEIGHT NTERNCITY AOtONAL CENTER, WITH FUNDS THEREFOR TO MIAMI, CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS. (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. 31 4 NOES: None. �a r ABSENT: Mr. Carollo • Mr. . Ongie: Mr. Plummer? Mr. Plummer: Yes • Mr. Ongie: Rev. Gibson: Mr. Ongie: Mayor Ferre; Mr, Plummer: mayor Ferre; Rev. Gibson? Yes. Mayor Ferre? Yes. Yes. may. 06 J U N 251S'I 6. AUTHORIZE AGREEMENT: LEGISLATIVE ADVISORY SERVICES, WASHINGTON, D. C. CRAMER AND CRAMER Mayor Ferre: This is the agreement with Cramer in Washington. Mr. Plummer: I have no problem at all. Mayor Ferre: Plummer moves 13. Rev. Gibson: SEcond. Mayor Ferre: Gibson seconds. Further discussione11.'e'� The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-528 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ` AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE LAW FIRM OF CRAMER AND CRAMER TO PROVIDE LEGISLATIVE AD- VISORY SERVICES IN WASHINGTON, D.C., AT A COST NOT TO EX- CEED $2,000 PER MONTH, PLUS LIMITED OUT-OF-POCKET EXPENSES ° FOR A PERIOD OF ONE YEAR, WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upn being seconded by Commission Gibson, the resolution was passed=and., adopted by the following vote: P? AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre.y}'; NOES: None. ABSENT: Mr. Carollo. Mr. Ongie: Rev. Gibson? NOM Rev. Gibson: Yes•rs�di�,b��"� i Mr. Ongie: Mr. Plummer?__�,°_tm�§ ,,-,. Mr. Plummer: I'll move 16. Mayor Ferre: All right, Plummer moves Item 16, is there a second? Mr. Plummer: I want to congratulate the administration, this is exactly what I had advised them and hopefully, they would do, rather than go out and create a new agency or create a new company, they are utilizing the Dade County public school system to eliminate all the duplication of administration, so I congrat- ulate them. Mayor Ferre: All right, with that stipulation it has been moved and seconded. Call the roll on Item 16, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-529 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT, IN SUBSTANTIALLY THE FORM. ATTACHED HERETO, WITH DADE COUNTY PUBLIC SCHOOLS FOR PROFESSIONAL TRAINING SERVICES IN PROVIDING OCCUPATIONAL SKILLS TRAINING FOR THE CITY OF MIAh1I'S CETA TITLE IV PARTICIPANTS WITH FUNDS THEREFOR ALLOCATED FROM THE CITY OF MIAMI'S CONTRACT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (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. Lacsa, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. r:. ABSENT: Mr. Carollo. � Mr. Ongie: Mr. Plummer? Mr. Plummer: Yes. Gibson? gg, Mr. Ongie: Rev• t Rev. Gibson: Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: Yes. 8. AUTHORIZE LOAN: $175,000 FROM F.P. & L. FRANCHISE FUNDS SECURITY FENCING & GATES - ORAvCE BOWL f V JUN u A J lJv� Q Mr. Plummer: Well, I don't have problems, Mr. Mayor, and I'll just go ahead and do it now. Mr. Lou Price and the gentlemen with him, give me the honor, Mr. *".Tor, of maybe changing Item 17 and I don't know whether to present to you from the TDC this check for $600,000 for Orange Bowl improvements or do I give it to the Manager. I've never had a check of $600,000 in my hand. Mayor Ferre: Give it to the Manager, straight on. Mr. Plummer: Can I hold it for the day and turn it in the afternoon? Mayor Ferre: No, no. Mr. Plummer; And I'll give him allthe interest therein derived, but, I think this will alter having to borrow the money from Florida Power and Li5ht'and I think that will alter 17. Mr. Gary: No, that's not true. Mr. Plummer: It's not true? Mr. Gary: No, it's not true. This $600,000 represents the payment back of a loan of approximately $1.8 million for the structural improvements. Mr. Plummer: Well, Mr. Mayor, on behalf of Mr. Price and the TDC, it's with pleasure that I hand over $600,000 of monies that have been derived. Mayor Ferre: Welcome money. Mr. Plummer: Will somebody please watch Mr. Gary? Major Breslow would you please follow him to the bank, please? Mayor Ferre: Item 11, is there a motion on that? Mr. Plummer: Mr. Mayor, I move it. Mayor Ferre: Is ther a second? Further discussion. Call the roll on 17. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-530 A RESOLUTION AUTHORIZING THE LOAN OF $175,O0u .'ROM FL0RIDA POWER AND LIGHT FRANCHISE FRUNDS „ IN THE CAPITAL IMPROVEMENT FUND, TO THE ORANGE BOWL ENTERPRISE FUND FOR THE PURPOSE OF PURCHASING AND INSTLALLING SECURITY FENCING AND GATES IN THE ORANGE BOWL PARKING LOTS AND AROUND THE PERIMETER OF THE ORANGE BOWL; THE SUME OF $175,0000 TO BE REPAID TOGETHER WITH INTEREST THEREON AT THE RATE OF 13.04% OVER A PERIOD OF 18 MONTHS USING FUNDS DEREIVED FROM THE 2% RESORT TAX. (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 p4s5gd And adopted by the following vote: ASS; Mr, Lacasa, Mx. Plummer, Rev. Gibson and Mayor Ferre, Mr. Gary: Mr. Mayor, would it be appropriate to do number 1 while we're doing, since we've done 17? Mayor Ferre: Number one requires 3 votes, 4 votes. That's why I skipped over it and that's why•I skipped over it, so it isn't appropriate. Wt:'re now on Item 18. Mr. Plummer: No, skip 18 and 19. Mayor Ferre: 20? 9. AUTHORIZE AGREEMENT: SENIOR COMMUNITY SERVICES OF DADE COUNTY INC. "HOME SAFETY INSPECTION PROGRAM" Mr. Plummer: I only have one question on 20. Mr. Gary, I'm concerned with faced cut backs in October and notice that here that we're going to spending $40,000 even though we're getting a Federal grant. Do you still recommend? Mr. Gary: This $40,000 represents in- kind of services of the Fire Depart- ment. It's no cash outlay and this program is worthwhile and I recommend it. Mr. Plummer: Move Item 20. Mayor Ferre: Is there a second? Gibson second. Further discussion on Item 20? Call the roll. The following resolution was introduced by Commissioner Plummtt, who moved its adoption: RESOLUTION NO. 81-531 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE SENIOR COMMUNITY SERVICE EMPLOY- MENT PROGRAM AND SENIOR CENTERS OF DADE COUNTYK INC., FOR THE COORDINATION OF SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM TO BE CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT, WITH REQUIRED MATCHING CONTRIBUTIONS TO TITLE V FUNDING, "OLDER AMERICAN ACT, " BEING MADE WITH FIRE DEPARTMENT IN -KIND SERVICES, NOT TO EXCEED $40,344. (Mere follows body of resolution, omitted here and on file in the Office of the City Clerk), 10 JUN 25 10p1 w'cr'% , i v�,�� . s 1kdt.�y. Vpon being seconded by Commissioner Gibbon# the - on etas pesgod adopted by the following votes? AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Perre, NOES: None. ABSENT: Mr. Carollo. Mr, Ongie: Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Rev. Gibson: Rev. Gibson? Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: Yes. 10. REQUEST R.F.P.'S FROM QUALIFIED FIR•:S IN PUBLIC EMPLOYEE COMPENSATION FIELD TO IMPLEMENT VOLUNTARY DEFERRED C0.•:PENSATION PROGRAM FOR CITY EMPLOYEES. Mayor Ferre: 22? Mr. Plummer: Move it. Mayor Ferre: Moved and seconded. Let me, I have one question on it. All right, further discussion on Item 22. Any more discussion? Call the roll. The following resolution was introduced by Commissioner plummer, who moved its adoption: RESOLUTION NO. 81-532 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PUBLISH A REQUEST FOR PROPOSALS IN THE LOCAL NEWSPAPERS FOR SERVICES FROM QUALIFIED FIRMS IN THE PUBLIC EMPLOYEE DEFERRED COMPEN- SATION FIELD TO IMPLEMENT A VOLUNTARY DEFERRED COMPENSATION PROGRAM FOR CITY OF MIAMI EMPLOYEES; FURTHER AUTHORIZING THE CITY MANAGER TO SELECT AN INDEPENDENT PROFESSIONAL CONSULTANT TO EVALUATE THE PROPOSALS RECEIVED AND NEGOTIATE AN AGREE."2E*TT WITH SAID CONSULTANT, SUBJECT TO THE APPROVAL OF THE CITY COMMISSION. (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: ACES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferrell NOES: None �r '- ABSENT; Mr f CarolloR -5 Nk s�i't✓ tw'r #,f# t� +� # r ReV. Gibson: Mr. Pl.zmaer: Mayor Ferre: ;• �f.�t,. i£`K^ .:�''� "� 1 i'e } ,,� i�j I�xi^r i SF m p,. �3 v t1�-t : t 2 �il�� * r a � °� r }�i '` dtj� ac ��r,�, xG•€,5� L��"7 f"� t 3 �r 1 �i�-'�`y"s { r, � i' L vc z ! -r`?s €�i it c a b -�,l 71 r k r P'sl` s L gar :3a� �• � �J r +�,r s Rev. >:�it�G`a,13Hya �' n, z8� -r��,1 C t r '"� a -•a a .�� ` Mr. Plummer?�I d3hr Ii�s t sn� eFi� g rt Yes .Fz, rr Mayor Ferre? Yes. 11. AUTHORIZE AGREEMENT: PEAT, MARWICK, MITCHELL & CO. UPDATE OF CITY'S INDIRECT COST ALLOCATION PLAN Rev. Gibson: Move 23. Mayor Ferre: Gibson moves 23. Plummer? Seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved` its adoption: RESOLUTION NO. 81-533 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE FIRM OF PEAT, MARWICK, MITCHELL AND COMPANY TO UPDATE THE CITY'S INDIRECT COST ALLOCATION PLAN PREVIOUSLY PREPARED BY THAT FIRM WITH THE COST NOT TO EXCEED $10,000 WITH FUNDS THEREFOR ALLOCATED FROM THE OPERATING BUDGET OF THE FINANCE COMPANY. (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. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. Mr. Ongie: Mr. Plummer? L F 4 e # $ Mr • Plummer: PlYes.e y' r4 t n r 4t ¢` ..r',ii,�`� 1 ?• t Irk T'sxS l✓ x , ' ! t j ; ^7 :x'1 _ r .# ti,. [ F+A Y '"' 1 F !�' R yy 1 #4i 4i"rir Ya-3'� Rev. Gibson Mr. Ong�.e : ? r{u 3da's3tF{4 �+at.^K"6 ry-iy t j''3. a x4�'tt v '"5 k�............��Yf Rev. Gibson: Yes • Kr. Ongie Mayor Ferre? Mayor Ferre: Yes. 24? Mr, Plummer: I've got a real FrOble—M with 24 from 4 W%41 gt�AdPPint. Same= body's got to explain that tO me, 9 12 JU 125 ir�i 12. AUTHORIZE AGREEMENT: DYNAMIC CABLEVISION OF FLORIDA,INC. UST: OF CITY STREETS, WAYS & PUBLIC PLACES FOR THRUNK LINES TO THE CITY OF WEST MIAMI. Mr. Plummer: 25 is....no, 25... I'll move it. Mayor Ferre: All right, there's a second. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-534 A RESOLUTION AUTHORIZING TIME CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DYNAMIC CABLEVISION OF FLORIDA, INC. FOR ITS USE OF MIAMI CITY STREETS, WAYS, AND PUBLIC PLACES IN SAID FIRM'S CONSTRUCTION OF A DEDICATED TRUNK LINE NEEDED FOR THE DELIVERY OF CABLE TELEVISION SIGNALS TO THE CITY OF WEST MIA?,I ALONG A ROUTE APPROXIMATELY, AS FOLLOWS: BEGINNING AT THE WEST BOUNDARY OF THE CITY OF MIAMI PROCEEDING ALONG S.W. 4Tii STREET TO S.W. 73RD AVENUE, SOUTH TO TAr1IMAI TRAIL (S.W. STH STREET), THEN EASTWARD AND ENDING AT S.W. 66TH AVENUE; SAID PROPOSED USE BEING IN ACCORDANCE WITH THE TERMS OF THE ATTACHED AGREEMENT. (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. Mr. Ongie: Mr. Plummer?,<� Mr. Plummer: Yes. ti t a , k •tC � �+�� '.v rr.a: e'�,°°e r t 1� �u�w"Ng ,r., � T r k >� �i'�,4 � Mr. Ongie: Rev. Gibson?AR i'Stta��u}s&d� R1 Rev. Gibson: Yes. Mr. Ongie Mayor Ferre? Mayor Ferre: Yes. 13. CLAIM SETTLEMENT: NANCY F. MC CUE AND EDWARD G. MC CUE Mayor Ferre: 26? Mr. Plummer: Move it. Mayor Ferre: Moved and seconde4. Flurther ci s ussion, Ca N„R�z�� }isV�i (Y7,, �J�.- [ nr_ fire i �i+ a t. }-a following resolution was introduced by Commissioner Pluto , who m6 ed �� adoption: RESOLUTION NO, 81-535 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO NANCY F. McCUE AND EDWARD G. McCUE, HER HUSBAND, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF NINE THOUSAND DOLLARS ($9,000.00) IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY IN- JURY PERSONAL INJURY PROTECTION LIENS, WORKMEN'S COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND PHILIP McDORMAN, AND UPON EXECUTION OF A RELEASE, RELASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Lacaga, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. s , ABSENT: Mr. Carollo. X Mr. Ongie: Mr. Plummer? Plummer: Yes. F 3t�5�4r�r�arftyC�ti urw'7Y}(i Mr. Ongie: Rev. Gibson?6 F Rev. Gibson: Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: yes. 14. WAIVE REQUIREMENT OF FORMAL SEALED BIDS: REPAIRS TO PISTOL RANGE FOR DEPARTNT OF POLICE Mayor Ferre: Number 27. Mr. Plummer: Have no choice. Move it. Rev. Gibson: Second. Mayor Ferre: Moved and seconded. Further discussion? Cali the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-536 A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS FOR FURISHING REPAIRS TO THE PISTOL RANGE FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE PURCHASE FROM CASWELL EQUIPMENT 00„ INC., THE ONLY KNOWN SOURCE, AT A TOTAL OCST OF $14 , 669 , 4 0; ALLOCATING FUND THEREFOR FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PUR- CHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE. 14 JUN A13SENT: Mr. Carollo.';" Mr. Ongie: Mr. Plummer: Mr. Ongie: Rev. Gibson: Mr. Ongie: Mayor Ferre: Mr. Plummer? Yes • S �"� �i� �t��v1 �� ' a✓i r�.F��y ggu�"_,f�e:c�3 r��sd�J,B'�' t y�y4ry�� -1 ,� <F" .; '� r i 5�� t 9-ra i Y�,� i its Rev. Gibson? s �� e".an i�`az.'a xi 'c �r1�"�tZ ua � v"p `i�5"' ia� 3ti ,,t, '[� � M 7.3 i.9 i{Y `i`d'sYt7 4, t{ ^t at+'` e 'Lnt'Na xl#a Yes .� t t"9 r Mayor Ferre? Yes. 15. WAIVE REQUIRE,ti,t,NT OF FOR: AI SEALED BIDS: CUSHMAN FM RADIO TEST SET Mayor Ferre: Take up 28. Mr. Plummer: Move it. Rev. Gibson: Move. Mayor Ferre: Moved by Gibson, seconded by Plummer. Further discussion. Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-537 A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS FOR FURNISHING ONE CUSHMAN FM RADIO TEST SET FOR THE DEPART- MENT OF BUILDING AND VEHICLE MAINTENANCE; AUTHORIZING THE PURCHASE FROM CUSHMAN ELECTRONICS, INC., THE ONLY SOURCE: AT A TOTAL COST OF $6,500.00: ALLOCATING FUNDS THEREFOR FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the office of the City Clerk). Mr. ear6116. Rev. Gibtbh? Rev. Gibson: Yes. r �f i' Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Mayor Ferre? Mayor Ferre: Yes. 16. AWARD BID: DEMOLITION OF S.C.L. RAILROAD STATION Mayor Ferre: S.C.L. Railroad Station demolition. Mr. Plummer: Mr. Mayor, I'll move it, but I think that it should be on the agenda, so that the public will know that is money reimbursable by the State of Florida and reimbursable to the community development. It shows the community developmental as tearing it down, which is not true. Is that right, Mr. Gary? Mr. Gary: That's correct, but the... Mr. Plummer: That's only a loan from that development Mayor Ferre: All right, it's been moved by Plummer, seconded by Gibson. Fur- ther discussion? Call the roll on Item 29. The following resolution was introduced by Commissioner Plummer, its adoption: RESOLUTION NO. 81-538 who moved A RESOLUTION ACCEPTING THE BIDG OF BEN HURWITZ, INC. IN THE PROPOSED AMOUNT OF $32,400, BASE BID OF THE PROPOSAL, FOR S.C.L. RAILROAD STATION - DEMOLITION, ALLOCATING THE AMOUNT OF $32,400 FROM THE "FIFTH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,564 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $646 TO COVER THE COST OF SUCH ITEMS AD ADVERTISING. TF.smTNr_ T.nnnpnnvnvrrc A"r, TN^L�,,,,,.T._ 01, POOR 1� 1,.i fiF 3�£ yro 4,'�a�rE �r1 yt:hd L, f& `t" a�S ASS it f -5wrtlgg �� PYJ iC: 1��L. IYi:lYll6i i� l`li�T `�am. ��c }.,�j •yY�w.r y.� 4 r lli li t'1 Wlulley . Ye ? t z Mr On ie; Rev, � ReV. Gibson: Yes}' �a �# Mr. Ongie: Mayor Ferre? Mayor r'erre : Yes. 17. CONSENT AGENDA: i i ti Mayor Ferre: Unless a member of the City Commission wishes to re -move specific items from this portion of the agenda, Items 30-42 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussions. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following Motion: "......... that the Consent Agenda, comprised of Items 30-42 be adopted." Mayor Ferre: Before the vote on adopting all items included in the Consent Agenda is taken, is there anyone present who is an ob;ector or proponent that wishes to speak on any it`m in the Consent Agenda? nearing none, the vote on the adoption of the Consent Agenda will now be taken. The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Gibson and passed and adopted by the following vote - AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Carollo. ACCEPT SEVERAL BIDS FROM SEVERAL SUPPLIERS (AS DESCRIBED 17.1 IN THE BODY OF RESOLUTION 1,0. 81-539) FOR DEPARTMENT OF FINANCE RESOLUTION NO. 81-539 A RESOLUTION ACCEPTING THE SEPARATE BIDS RECEIVED FROM SEVERAL SUPPLIERS OF OFFFICE SUPPLIES FOR THE DEPARTMMXNT OF FINANCE, PURCHASING DIVISION CENTRAL STORES, AS IDENTIFIED BY THE ATTACHED TABULATION OF BIDS, FOR FURNISHING SPECIFICALLY DESIGNATED OFFICE SUPPLIES BY PARTICULAR SUPPLIERS FOR USE ON AN AS -NEEDED BASIS FOR ONE YEAR FROM DATE HEREOF AT A TOTAL PROPOSED COST OF $117,635.32' ALLOCATING FUNDS THERE- FOR FROM THE 1980-81 INTERNAL SERV?CE FUND -CENTRAL STORES: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. 17 f 17.2 ACCEPT BID: BIG "C" LITTLE " 0" PAVIIZG AND EQGIP;lENT RENTAL IN PROPOSED AMOUIIT OF $274,727.50 FOR CUI.*IER C.D. PAVING PROJECT - PHASE IV, ETC. RESOLUTION NO. 81-540 A RESOLUTION ACCEPTING THE BID OF BIG "C" LITTLE "0" PAVING & EQUIPMENT RENTAL CO. IN THE PROPOSED AMOUNT OF $274,727.50 TOTAL BID OF THE PROPOSAL, FOR CULMER C.D. PAVING PROJECT - PHASE IV; WITH MONIES THEREFOR ALLOCATED FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $274,727.50 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $30,220.50 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $5,452.00 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. 17.3 ACCEPT CO PLETED WORK: P.'l.P. CORPORATION FOR LATIN QL'ARTHER COrU,IUNITY DEVELOPMENT SANITARY SEWER PROJECT, ETC. RESOLUTION NO. 81-541 A RESOLUTION ACCEPTING THE COMPLETED WORK OF D.M.P. CORPORATION AT A TOTAL COST OF $31,410.10 FOR LATIN QUARTER COMMUNITY DEVELOPMENT SANITARY SEWER PROJECT; AND AUTHORIZING A FINAL PAYMENT OF $5,791.51. 17.4 ACCEPTED COMTLETED WORK: T 6 :N' CONSTRUCTION COHPANY , INC. A,D AMERICAN FIDELITY FIRE INSURANCE CO`TAN , THE SURETY, FOR COCO;;L'T GROVE COt :1-.4ITY DEVELOPNI E'NT PAVI";G PROJECT PHASE II, ETC. RESOLUTION NO. 81-542 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY T & N CONSTRUCTION CO., INC. AND AMERICAN FIDELITY FIRE INSURANCE COMPANY, THE SURETY, AT A TOTAL COST OF $189,122.23; ASSESSING $9,630.00 AS LIQUIDATED DAMAGES 17.5 ACCEPT COMPLETED WORK: SUNSET ENTERPRISES, INC. FOR MIA:•;ARINA STRUCTURAL REPAIRS, ETC. RESOLUTION NO. 81-543 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY SUNSET ENTERPRISES, INC. AT A TOTAL COST OF $166,645.00 FOR MIAMARINA - STRUCTURAL REPAIRS; AND AUTHORIZING A FINAL PAYMENT OF $16,664.50. 17.6 ORDERING RESOLUTION: AUBURN SANITARY SEWER IMPROVEMENT RESOLUTION NO. 81-544 A RESOLUTION ORDERING: SA3qTARY SEWER IMPROVEMENT A.N'D DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESS:•—ENTS SHALL BE MADE FOR A POR- TION OF THE COST THEREOF AS AUBURN SANITARY SEWER IMPROVEMENT DISTRICT SR-5475-C (CENTERLINE SEWER) ACCEPT COMPLETED WORK: F & F CONSTRtCTI0:1 CO'TAa ;Y, I:'C. 17.7 AND LUIS M. FERRER (JOINT VENTURE), FINALLY COMPLETED BY THE SURETY, FIDELITY A;;D DEPOSIT COMPANY OF YARYLA:;D (WY1"WOOD CO.L:L-NITY DEVELOPMENT PARKING PROJECT - PHASE Iv) RESOLUTION NO. 81-545 A RESOLUTION ACCEPTING THE COMPLETED WCRK PERFORMED BY F AND F CONSTRUCTION CO., INC. AND LUIS M. FERRER, AN OPEN JOINT VENTURE, FINALLY COMPLETED BY THE SURETY, FIDELITY AND DEPOSIT COMPANY OF MARYLAND, AT A TOTAL COST OF $230,375.96' ASSESSING $6,570.00 AS LIQUIDATED DAMAGES; AND AUTHORIZING A PAYMENT TO FIDELITY AND DEPOSIT COMPANY OF 14ARYLAND AS COMPLETING SURETY FOR F AND F CON- STRUCTION CO., INC. AND LUIS M. FERRER, AN OPEN JOINT VENTURE, IN THE AMOUNT OF $40,381,67 FOR WYNDWOOn rr)MMTRJTmv JU�v 2519r;� RING 17. e RESCIND REBIMP OEVF.MENT'ETC�NIO: N .W. 23 STREET SANITARY SEF?ER RESOLUTION NO. 81-546 A RESOLUTION RESCINDING RESOLUTION NO. 81-276 ENTITLED "A RESOLUTION ORDERING N. W. 23 STREET SANITARY SEWER IMPROVEMENT AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS N. W. 23 STREET SANITARY SEWER IMPROVE- MENT DISTRICT SR-5464-5 (SIDELINE SEWER) 17.9 RESCIND RESOLUTION 81-188 "ORDERING RESOLUTION- N.W. 23 STREET HIGHWAY IMPROVEMENT, ETC. RESOLUTION NO. 81-547 A RESOLUTION RESCINDING RESOLUTION NO. 81-188 ENTITLED "A RESOLUTIUN ORDERING N. W. 23 STREET HIGHWAY IMPROVE- MENT AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS N. W. 23 STREET HIGHWAY IMPROVEMENT DISTRICT H-4466" 17.10 RESCIND RESOLUTION 81-510 "CONFIRDiINT ORDERING RESOLUTION 61-336 - CITY WIDE WEST 57 AVEi"UE SANITARY SEVER I"4PROVEIENT SR-5469-C", ETC. RESOLUTION NO. 548 h o JUN 251981 17.11 RECIND RESOLUTION NO. 81-511 ENTITLED"A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-337, ETC. (CITY WIDE WEST 57th AVENUE SANITARY SEWER IMPROVEMENT, SR-5469-S) RESOLUTION NO. 81-549 A RESOLUTION RESCINDING RESOLUTION NO. 81-511 ENTITLED "A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-337 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF CITY WIDE - WEST 57 AVENUE SANITARY SEWER IMPROVEMENT IN WITY WIDE -WEST 57 AVENUE SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-5 (SIDELINE SEWER)" 17. 12 A AUTHORIZE AGREEMENT WITH CAMACOL (LATIN CHAMBER OF COMMMRCE) TO SUPERVISE/COORDII+ATE "2ND HEMISPHERIC CONGRESS OF LATIN APBRICAN CHP-BERS OF COMBRCE ($35,000) B. AUTHORIZE AGREE?PENT WITH CA*IACOL FOR THE CREATION AND OF A Pxvi'05nD i iLK•,A::L.;: "S::C ti T.'.:.I11: G1 ,,!Z ;::.;:I3i ru+AIC CONGRESS OF LATIN A,BRICkN ChA:ILERS OF L=MERCE k%D INDUSTRY" ($65,000) RESOLUTION NO. 81-550 A RESOLUTION CONCERNING THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES (CAMACOL) PROVIDING FOR THE FOLLOW— ING: (A) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND CAMACOL FOR PREPARING, COORDINATING AND SUPERVISING THE SECOND HEMISPHERIC CONGRESS OF LATIN AMERICAN CHAMBERS OF COMbBRCE TO BE HELD IN MJAMI IN SEPTEMBER 1981, WITH FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS — CONTINGENT FUND IN AN AMOUNT NOT TO EXCEED $35,000 AND WITH SAID FUNDING UNDER THE AGREEMENT TO BE CONDITIONED UPON ITS BEING MATCHED BY PRIVATE PLEDGES OR BEING MATCHED BY IN —RIND SERVICES PROVIDED BY CAM.ACOL; (B) AUTHORIZING THE CITY .vrNAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND CAMACOL FOR THE PURPOSE OF CREATING, INSTITU— =ONALIZING AND SUPERVISING A PROPOSED SECRETARIAT EN— TITLED "PERMANENT SECRETARIAT OF 7HE HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE & IhI)USTRY' WITH FUNDS THEREFOR FROM SPECIAL PROGRA.^`.S AN ACCGL'NTS — CONTINGENT FUND IN AN Aw,OL`NT NOT TO EXCEED $65,000, AND WITH ALL SAID FUNDING UNDER SAID AGREEMENT TO TERMINATE NOT LATER THAN THE END OF THE INITIAL YEAR OF THE SECRETARIAT'S EXISTENCE AND BEING CONDITIONED UPON CA.M.ACOL'S HAVING FIRST REQUESTED A MINIMUM CONTRIBUTION OF $32,500 FROM THE METROPOLITAN DADE COUN71"Y COY14ISSION AND IF SAID RE— QUEST IS GRANTED THE CITY'S FUNDING WOULD BE LIMITED TO $32,500 BUT IF SAID REQUEST IS REJECTED, THE CITY'S rUNDING LEVEL UNDER SAID AGREEMENT WOULD REMAIN AT A MAXIMUM OF $65.000. 17.13 FOM:.SLIZI17G RESOLUTI014 TO L3iTLi;D Fli.:DIiiG OF THE LOCAL OFFICE OF TaE i;ATIOAAL M0001IC DEVELOPi`.?.i•T ASSOCIT1 (iv.E.D.A) FOR COiiTIiiUED OPERATION THROUGK MIL 25, 190u1, ETC. RESOLUTION NO. 81-551 tl bvt-^r rTmtnwf Tr rT%T TTITT TT AfTRT P, - w... ..• 'KO F"`z s t Ma. at ferte: (coht hued) which is tie Cohseht agenda, ih addition to WhitYt, we approved the April 9th Meeting, Items 7, 8, 10, 13, 16, 17, 20, 22, 23,'25, 26, 27, 28, 29, Do you have any objections to any of these that you with to be recorded or do you want to be brought up for reconsideration? Mr. Lacasa: No, I don't have any. Mayor Ferre: Okay. ON ROLL CALL: Mr. Plummer: Mr. Mayor, I'd like to compliment the administration for getting back to the true spirit of the Consent Agenda. I think that we can handle quite abit in that manner. I am going to find fault with the fact that the last two or three agenda ... last, excuse me, this is the second agenda. Mr. Gary, I'm going to suggest, Sir, that as you show here on the agenda from 2 o'clock on, so that this Commission is not bound if we can finish quickly that the afternoon agenda be all scheduled at 2 o'clock. You limit us and make it mandatory that we have to, for example, on this agenda wait until 3:30 and we might be finished with that other portion at 2:30. Mr. Mayor, only for the purposes of expediting I think that we ought to try the other way, if you under- stand what I'm saying, because a long day like today if we could get out of here at 3:00 and do some ~personal items before the zoning at 7:00, I think that it would be appreciated by everyone. Thank you. 18. DISCUSSION IN CON-NCECTION WIT'r. PROPOSED BIFkjRCATED PLAT' FOR DUPONT PLAZA AREA. Mayor Ferre: All right, I think that we need to get on with the regular Committe Of The Whole agenda on Item A. Carollo said he'd be here at quarter til ten. He'll have to miss the front part of this discussion. All right, Mr. Manager, we're on Item A. Mr. Gary: Mr. Mayor, I would like for Don Cather, Director of Public Works, to give a presentation on the bifurcated plan for DuPont Plaza. Mayor Ferre: Okay. Mr. Don Cather: Good morning, this is to update you on the meeting we held on May llth and the request of t:h property owners of DuPont Plaza Hotel, which was attended by their attorney, Mr. Dan Paul and Mr. Skip Sheppard, the Manager of the hotel, representatives of the State Department of Transportation, their consultants, J. E. Grimmer, the Metropolitan Dade County Traffic and Transporta- tion Commission and representatives of the City of Miami. The issue is brought up as to the connection.... Mr. Plummer: Excuse me, were they invited? Mr. Cather; I don't know if they were invited or not, • � x�M { FF Y t "F ti'}F'�4y ; 1 .1 tt4 22 1i Lj J i ilk Mrs Dlwtwer: How i.n the hell can you hold a Meeting directly affecting that eiitike area without those two people. That's ludicrous. Mr. Cather: Well, the items under discussion and requested by the DuPont Plaza Hotel did not involve the Southeast Bank. Mayor Ferre: Let me see if I understand what you're saying. You're saying that at a meeting requested by the DuPont Plaza Hotel you met and you want to tell us what had happened at that meeting, but that's not a report on the whole DuPont Plaza bifurcated system without taking into account Southeast and Miami Center. Mr. Cather: That's correct. Mr. Plummer: But, Mr...... Mr. Cather: We have representatives here today of Downtown Development Author- ity, Southeast Bank's and Gould's Traffic Engineer today. Mr. Plummer: That's today? Mr. Cather: Correct. Mr. Plummer: What I'm saying is this meeting which directly affects, more so than Skip Sheppard who is already there, the four blocks and you didn't in- vite, not you, excuse me, whoever was the invitee or invitor, you didn't invite the two major principals of concern. I don't understand that. Who was the one who sent out the invitations? Mr. Cather: Dade County Traffic and Transportation, I believe. Mr. Gary: Well, Mr. Mayor, .. Mayor Ferre: Yes sir? Mr. Gary: The responsibility for this meeting and for the transportation problem is Dade County. This meeting, as I understand it, was conducted by Dade County and the State Transportation Department and our staff was really a participant in this process. Mayor Ferre: Well, what you're saying is that you're reporting on one of many many meetings that have been going on. This happens to be one meeting that specifically affects the DuPont Plaza Hotel. Plummer's point, which I think we all concur with, is certainly none of this can be in any way conclusive un- til you discuss with all the individuals that are involved and affected. And I don't think there's any problem. Why don't you proceed and tell us what you have to say. Mr. Cather: All right. At the meeting the access to the DuPont Plaza Hotel under the proposed bifurcated plan was discussed, the principal point being that with the construction of the bifurcated plan direct access to the DuPont Plaza Hotel from the south, would be affected by exiting at Southeast Way- - Brickell Avenue, Southeast Avenue or Brickell Avenue here, extended by this ramp here. However, if you're coming from the south, under this proposed plan, you have to go around here, exit here and come all the way around to get into the Hotel, whereas previously, you could exit directly onto Biscayne Boulevard Way and get to the Hotel. Mayor Ferre: And you say that we can't do that now? Mr, Cather: under this proposed plan, you cannot,,nnf Mayor Ferre: Okd • _ fM tx'br ?�"t rk c rttTj u 0, ;h 23 JUN 2-5) �� Mr, Cather You must, if you're coming rrom Tne Mayor Ferre: Is this acceptable? You're confusing me. is this the plai that is acceptable to Skip Sheppard? Mr. Cather: This plan was discussed for many many months and this is the re- sult of it. Mr. Sheppard objected to the fact that he did not have as much access as he felt that the property owners over here had, so, therefore, one of th:_ things that he suggested is the consultants study was a possible cutting off of this ramp, which presently comes down to grade about here, past the Hotel that the downpoint of the meeting of the existing grade here, so that he could get into this Hotel. One of the other possibilities was the possi- bility of extending it past here, so that it would free up 3rd Avenue and allow a 10 foot clearance under the ramp here in front of the Hotel. He also requested that a consideration be given moving this particular ramp 12 feet to the north, which would permit another lane of traffic on Biscayne Boulevard Way. This morning the Traffic Engineer for Gould informed me that they had been studying this and had met with Sheppard and he had agreed that perhaps a taxi lane alone would suffice for his needs on here, of limiting the move- ment of this ramp to the north of approximately 8 feet. That has just been before me this morning. The other point is the access directly under here. This is under study by the consultant and has not been confirmed. Mayor Ferre: Who is the consultant? Is that George Kunde? Mr. Cather: No, the consultant to the State on the bifurcated plan is J. E. Grimmer Company out of Tampa, represented by Mr. Wally Hawks. The other point discussed at the meeting was access from the Dupont Plaza complex to our new dames L. Knight Conference and Convention Center, here. We pointed out to representatives of the DuPont Plaza Hotel that the river walk exists from here and under the bridge and would be continued through here and this will pro- vide excellent access to the Convention Center via the existing river walk and the underpass under the Brickell Avenue bridge. However, that does not preclude the possibility of any pedestrian access from the Hotel to the pro- posed Miami Center Phase III and likewise to the Southeast Bank and the gar- age. Mr. Plummer: What access does it give to our Convention Center? Mr. Cather: The access by pedestrians... Mr. Plummer: No, no, vehicular. Mr. Cather: Vehicular? We have coming from I-95 you can exit on S.E. 1st Avenue and Biscayne Boulevard Way, Southeast 1st Avenue up here and Biscayne Boulevard Way and into...once you come down here from the north, exit here, come along here... Mr. Plummer: No, I'm talking about, excuse me, off the ramp. Mr. Cather: That's what I'm saying. Off the ramp you're coming from I-95 from the north, you come down here, over here and then you get into this down ramp, exit ramp, which exits directly on the S.E. 2nd Avenue, then you pro- ceed in a southerly direction, staying in the right hand lane and enter the main entrance to the Conference and Convention Center here. Mayor Ferre: How about from south? Mr. Cather: From the south, you have to exit from... Mayor Ferre: From the north, I understand what you're saying. From the north you continue as you do almost today, turn right, right again and you're in the Convention Center. I understand. The question now is from the south, 24 JUN 2 t K Mir. Cather: From the south, you have a choice, you can exit at Miami Avenue Ahd S.E. 2nd Avenue and of course, then proceed down to Biscayne Boulevard Way, but to get to the Convention Center, you would use Miami Avenue or S.E. 2nd Avenue, Mayor Ferre: Or S.E. 2nd .... I see, in other words, what you're saying is that if you're coming from the south, you cannot go to DuPont Plaza, you've got to exit before. Mr. Plummer: The same thing at the Convention Center. Mayor Ferre: That's what I'm talking about,J.L. How do I get, if Tom coming from the University of Miami up US 1... Mr. Cather; Excuse me, S.E. 1st Avenue. From the south, you exit at S.E. 1st Avenue to get to the Convention Center or you have to go all the way around. Mayor Ferre: I get off at south... and, then, how do I get to the Convention Center? Mr. Cather: You come under the expressway and come over here, go along either this road here or go into the garage. Mr. Plummer: That's not what he's saying, Don. He's saying if he comes all the way, the answer is, Maurice, simple, you've got to take the cook's tour all around the new highrises. Mayor Ferre: Either that or you get off at S.E. lst... Mr. Plummer: Avenue. Mayor Ferre: What? Mr. Plummer: At S.E. 1st Avenue. Mayor Ferre: And then you go, now... Mr. Plummer: But do you realize if you got off, that, not only is it that, but realize the jigsaw puzzle that you've got to go through to get back to the parking facility. Where's the parking facility? Mr. Cather: The parking facility is right here. Mr. Plummer: Okay. Mayor Ferre; You'd have to go up to S.E. 2nd Street and then continue going west. Mr. Vince Grimm: No sir, Mr. Mayor, members of the Commission. That ramp will come off directly onto 1st Avenue, you may continuous turn just like you do now and go right into the garage. Or if you wish to co to the front door of the Convention Center to drop people off, you stay on the ramp, go right to the front door and then make your loop and come around Mayor Ferre: Vince, in your opinion, with your experience and all that, do you think that is going to acceptable? I have a problem with the direction of it. My problem is that there is only one lane. Mr. Grimm: well, Mr. Mayor, I don't know how many times DuPont Plaza has been reviewed by traffic committees in the last 15 years, I probably have been on 3, I don't ever remember any one of those reports always being the same. I think that this one now is in evolution of the best of everything, but that doesn't necessarily mean that it solves everybody's problem or sat- _ isfies everybody's need, but I think, yes. The answer to that question is yes, ■ a tax k d .a93 fir �t 3 ? � Mr. Kenzie: The access is a little difficult, because you either have to get off... Mayor Ferre: We'e not asking you that. We all understand it's difficult. Mr. Kenzie: I think as it is with the bifurcated scheme its about the best we can do with the road system. Mayor Ferre: That still is not the question. The question is you have a Con- vention -Conference Center which will seat 15,000 people, I assume that it is going to be used. I assume that people will be coming in from Miami Beach, north and south, hotels, motels, University of Miami. When you have 15,000 people gathering at that place and they're all coming in by car and they're using I-95, when they get off at DuPont Plaza or downtown and they have to get off, they're coming from the north, they've got two lanes as you can see from that drawing and when they hit S.E. 2nd Avenue, they take a right-hand turn, I've got problems with that, because there's two lanes there. Now, if you're coming south, as I understand it, there is a one lane exit at S.E. 1st Avenue, then you've got to go along that where you have your pointer there and either go into the garage or go the way you're showing and the question to you is, in your opinion, do you have that is sufficient to do the job? Mr. Kenzie: Well, I think that this is going to have to be also complimented by some additional movement, you're going to have to go around through DuPont Plaza, because some people are going to miss this exit, which means they're going to have to take a tour to be able to get back. I don't think that's a good way to handle that, but with the ramp system and the way this is designed in here, off of this, I don't see too many other ways of being able to solve that. Mayor Ferre: I guess the direct question is there no way for the down ramp to turn directly into the Convention -Conference Center? Mr. Kenzie: No, not from the south. From the north, well, the down ramps don't hit until up here and there's no way with the constraints across this section, right here, to be able to widen that or to be able to bring additional ramps. This is extremely tight right now. We're in fact squeezing that to be able to get all those roads through there between the World Trade Center garage and this phase of the Conference -Convention Center and so there's not too much room to play with those ramps in terms of trying to change them or get them down or widen them or add additional ramps. Mayor Ferre: Well, let me ask you this. Mr. Kenzie: And so it's going to have to be signed back before this exit, that if you want to get off at the Conference -Convention Center sign showing the exit for the Conference -Convention Center onto this road. Mayor Ferre: Isn't the answer also that you be able to get off at 8th Street, Southwest Sth Street and then, no sir, then take the new bridge that is being built on South Miami Avenue? Mac. Kenzie: Yes, you come in Miami Avenue, you come into the parking garage that way and you can also come in Brickell this way, you can get off at 7th and Sth and come in Miami Avenue and can also come in Brickell and turn in that way. 26 r Mr. Kenzie: Yes, that's correct. Mayor Ferre: In other words, alternative 1 is getting off at SW 8th Street, taking the Miami Avenue bridge directly into the garage. Alternative 2 is getting off SE 1st Avenue and then going into the garage. Alternative 3 is going all around DuPont Plaza and coming back. Mr. Kenzie: or you can just go straight on Brickell, from the south get off US 1 and head in that way. Mayor Ferre: So there's 4 alternatives. Mr. Plummer: Mr. Kenzie, would you answer the Mayor's first question, we under- stand and you're entitled to your opinion, what is that of the committee that you represent, DDA? Mr. Kenzie: The DDA Board has not addressed the question of access to and from the Conference -Convention Center. I can bring that up to them, but they have not looked at as a body and made any decisions on that. Mayor Ferre: Roy, the DDA is, as you know, the layman board and I've been there for 10, 12 years, because I served before with Bob High when he appointed me on that and I want to tell you that 99% of the time that it follows a rec- ommendation of the staff, you know that. The DDA Board is going to basically go along with a recommendation of the professionals, so the question is really directed to staff of which you're Lh e Lead, as the Executive Director, what is your opinion of the access or don't you have an opinion at this point of access to the Convention -Conference Center with the proposed system that we have before us? Mr. Kenzie: Okay, with this proposed system, I would like to reserve judge- ment and come back to you with that. Mayor Ferre: When? Mr. Kenzie: I can come back to you as soon as your next meeting. Mayor Ferre: Okay. Would you do so and Mr. Manager, would you see that is scheduled then, so that we can have his opinion on the record. Mr. Plummer: Would you also give the courtesy to those lay members of your committee who you represent, the opportunity to speak on it also. I would' hope that would be the case and prior to the next meeting. Mr. Kenzie; I'll prepare an analysis of it, give it to my Board members and invite them to make comments should they desire at the next meeting of the Commission. Rev. Gibson: Mr. Mayor, it seems there is a clear mandate ... C..L..E..A..R, underscored. I don't understand how you will be dealing with any matter there, I don't know who called the meeting, if the State calls the meeting, I'm talk- ing about the people we pay, okay. I don't pay the State people, we pay a staff and Mr. Manager, I want you to hear this, because I'm going to hold you responsible from hereon in. I can't hold the staff member responsible, but I can hold you. Any matter taken up in that area, any, A..N..Y, all the people who are affected ought to be notified. Now, we, meaning the City of Miami, have a responsibility to these people cause they pay us taxes, they pay our salaries. Now, if you ought to be involved just as you are now, Sir, you should have been invited to that meeting as they were talking and if Dupont Plaza, this Dupont Plaza here, okay, you should have been invited with South- east First National Bank. Okay. You should have been invited the same kind of thing Plummer's talkin about so that we don't have to come here and lose all this time, We ought to be able to ask the staff. Gentlemen, I'm a slow learner and even I understand the importance of inviting all these people, you JUN 2 ht q E,I z �i RdVr d.bsft: (oohtintied) are Making the decision. Are you saying, right here yoUlre saying to DuPont Plaza over here..,how does it affect you, why weren't they given an opportunity to voice, so that when you come here with this all the bugs would have been worked out and you would be able to say to us, under the circumstance, we the professionals have come to the conclusion this is the best deal. Mr. Kenzie: Commissioner, under this design for the bifurcated scheme and this proposal that you see here, have been worked out with the property owners and the transportation consultants and the State and the County and the City and the interested parties, through about 6 to e months of work. As we reach the end of that work and this scheme finally developed there were some con- cerns expressed by the DuPont Plaza Hotel. It was the feelings of the con- sultants who prepared this that it would be very difficult to try and solve the DuPont Plaza Hotel's problems. That they presisted in trying to see what could be done to resolve that and that resulted in additional work being done leading up to today. Rev. Gibson: I'm agreeing with you. All I'm saying to you is wouldn't it have been just good PR to invited DuPont Plaza and have said all of that to them and when they come here this morning, you could point to them, isn't this what we have worked out. Mr. Kenzie: I think that beyond this particular scheme there have been dis- cussions betwen Mr. Gould and DuPont Plaza Hotel and the various consultants to try and resolve DuPont Plaza problems and I think that they are here today and Mr. Gould is here today, to say that they feel they have a solution to this area, which will solve the problems for tdr. Gould and will solve the problems for the DuPont Plaza Hotel and what we would like to do is to instruct the consultants of the State to consider those recommendations on the part of the property owners and to incorporate those in their further work, because they're not finished with it yet, they're still working on it and what we're asking them to do is to take a look at that and see if indeed we can shorten this ramp and provide access through for the DuPont Plaza Hotel, provide drop- off for their taxis and cars along here and solve the problems that they have right now. Rev. Gibson: I want to agree with you, sir, what you don't hear me saying is, or let me ask it and then you answer, yes or no. Has DuPont Plaza been in a meeting with you about what you're now presenting...you, Sir ... has DuPont Plaza been in a meeting with you to hear what you're telling us now? Mr. Kenzie: Yes, with my staff and Mr. Gould. Rev. Gibson: DuPont Plaza? Come up here. I have no light to guide my future, but the light of the past, you've been in a meeting and you agree to this, you're telling us? Mr. Kenzie: No, not this proposal... Mr. Plummer: Sir, what is your name? What is your name? Mr. Dan Paul: My name is Dan Paul. I represent the DuPont Plaza. This pro- posal that you're looking at is the old proposal. This is not the one that has been worked out in negotiations which is going to be presented to you shortly. We're starting backwards with past history instead of starting where we are today. Rev. Gibson: I hope the Commission is aware of what I'm trying to point out. Mayor Ferre: Yes, I think, Father, we all subscribe and agree with the con- cept that obviously before anything is finalized, it must have if not the concurrence at least the view by all the affected parties. What we have here, I think, is there's a little confusion as to what's happened here. What's happened was that Dan Paul and Skip Sheppard came here at the last Commission Meeting and Skip Sheppard complained about his property and access. The Com- mission therefore instructed the administration to try and solve that problem, 28 Mayor Ferret (continued) What's happening and the reason why, Mr. Cathef, there's confusion here is that you're presenting the old map and Sir, with all due respects to you, that causes confusion because we're not talking about the old Map. You shouldn't have brought any map at all, frankly, either that or bring the old map and the new solution. Now, you haven't had enough time to put the new solution down in a new map. I would hope that by the time you do that, which Father Gibson is telling you, that at the next meeting that you would come here with a new map with a concurrence of Southeast, Miami Center and the DuPont Plaza Hotel and their respective representatives. Did I paraphrase that pro- perly? Rev. Gibson: Yes sir. Mr. Paul: Let me add one thing with reference to the questions that you've asked in access to the Convention Center, because there's really one thing that you ought to do today, you're never going to get into your own Convention Center adequately unless you do away with these elevators that you're pre- mitting to build here which would be positioned where you could have a ramp to get in and you ought to immediately cease work on that elevator shaft which is now beginning until you solve this problem because the architect did not address himself properly to access from I-95 and I would strongly urge you while you're resolving this problem and waiting for Mr. Kenzie to study it, so that you don't tear anymore down, because every consultant we've talked to says this elevator shaft is in the wrong place, it constricts the I-95 access and this is one holy mess, this whole design here, has got to be com- pletely re -designed if you ever expect to get into and use the Convention Center. Mayor Ferre: Mr. Grimm? Mr. Grimm: Well, that's Mr. Paul's opinion. That's not my opinion. And the elevator shaft is a fundamental part of the agreement between the City and the developer which requires a connection directly to the garage. Mayor Ferre: Well, I think the point, Vince, is and as I understand the last time I looked Dan Paul was a lawyer, not a planner, but sometimes, he's a planner, too. Now, what he's saying makes a lot of sense, I can see it graphically what he's saying is, that unless you cut out that finger that sticks out in the middle of the street you wouldn't ever be able to get down ramp on that south... Mr. Grimm: The down ramp comes to grade west of the elevator building and the ... Mayor Ferre: But suppose we had a third down ramp that would come to grade right there is what he's saying. Mr. Grimm: Mr. Mayor. if I may, this particular point here, this street goes right through and crosses underneath the pedestrian... Mayor Ferre: I understand that. That's not what he's talking about. What he's talking about is a down ramp from that it, from I-95 and that if you have that finger sticking there, there's no way that you'll ever get that down ramp built. Now, whether or not, what he's talking about makes any practical sense, I think, rather than.. Mr. Grimm: What he's talking about is a relative distance of a couple of hundred feet, we come down west of that elevator building instead of east of it, what's the big deal about that? Mayor Ferre: Vince, what don't we look at it and I think that Roy ought to look at it, too. JUN 2 �..Jj ti .. of i � s r r'"'.. a� .� 7 i I i t a tit 1`err I'm hot saying that you should fool around. I'm saying that we should look at it, that's all and at least keep an open mind for 24 hours and look it and come back and report to us at the next Commission meeting. Mr. Cather: Just so that the Commission fully understands, sir, this map represents the results of several months of DuPont Plaza Task Force Committee of studying access and traffic flow around DuPont Plaza. This particular up- grade that I brought you here today was simply suggestions that were made by the DuPont Plaza afterwards and this is the approved plan until it is modified by the State and their consultants. Mayor Ferre: I understand. Mr. Cather, besides doing what Father Gibson has asked you to do and that is, to have all the affected parties involved and come back with a drawing, would you also look into the recommendation that Air. Paul has come with, would you have at that meeting when you discuss it, Mr. Candela or somebody representing the architectural firm, would you have some- body representing the Downtown Developmental Authority, Mr. Roy Kenzie or whoever he designates along with our own people, and the idea is that is there any possibility anytime in the future of a ra.-np from the cars coming up from the south, I-95 into DuPont Plaza, coming down and if, there is a possibility does the moving of that elevator shaft to another location make any sense. It probably does not, but I'm saying that we should keep an open mind until you look at the alternatives. Mr. Cather: Will do. Mayor Ferre: Is there anything else? From the DuPont Plaza Hotel point of view? Now, we can get to Mr. Gould and then we get over to Southeast and Gould respectively. Anything else, Mr. Paul or Vx. Sheppard? All right, Mr. Gould. Mr. Theodore Gould: The issue that has been raised here is one that we have discussed here in the past, the ramp coming down before 3rd Avenue. toe di - cussed it the last time I was here. It was actually part of the original de- sign of the bifurcation system, Barton Ashman, at my request, prepared a re- vised model of that ramp. I agree that the ramp should start before 3rd Ave- nue and Barton Ashman has prepared to show you what it looks like. Now, if you're interested, if you're not, Parton Ashman will discuss with the State and the Transportation Committe, the compromises and trade-offs that have to be made in order to bring that ramp down before 3rd Avenue. The proposals have been made, even though they're preliminary, would result in extending the ramp, which would diminish the importance of Biscayne Boulevard Way and I'm against that. Mayor Ferre: You're what? Mr. Gould: I'm against the extension of that ramp. Mayor Ferre: In other words you concur with Skip Sheppard's solution, as that what you're saying? Mr. Gould: That's correct. Mayor Ferre: Okay. All right, Southeast? No comment. Mr. Paul, anything else you want to add? _ Mr. Paul: It would be helpful if you would hear Mr. Gould's consultant, Barton Ashman, so you would be familiar with the reviesed clan. I think it would be appropriate for this Commission this morning to endorese and urge the State of Florida to consider this plan and various grade and other elevations re- quirements that need to be undertaken so we don't delay any further, Mayor Ferre: Well, now, Mr. Paul, if you heard what Father Gibson previously said and of course, we have Gould's concurrence and Southeast says they have no comment, but Roy Kenzie said that he had not come to a conclusion and we have the matter of the access into the Convention -Conference Center, so, there- fore, my conclusion is that I don't see how in the world this Commission today can pass such a resolution until we have the final input of all the different poop le that are involved. 39 t {.. mr, Paul e t think that it would be instructive for you to see this rez Vised plan and then t think you would be able to focus very clearly Convention access problems and secondly, time is going by and I think the Commission needs to give some signal to the State of Florida that the State's rather inflexible demands about ramp slopes and things will not work in this area. Mayor Ferre: All right, let me see if I can ... why don't you help me in the wording of this resolution. The resolution would be that we wish to make the State, Department of Transportation, aware that the proposed plan which is in exist,:nce today is not acceptable to the City of Miami Commission and that we are working on a revision which hopefully will be forth coming very soon. Mr. Paul: And I would ask that you would ask them to consider the Barton Ashman plan and come back with a report to you on that plan. Mayor Ferre: I don't know whether we can do that until everybody's had an opportunity to see the Barton Ashman's plan. Mr. Paul: Well, following what Father Gibson said you wanted a report from the professionals before you considered it and.. Mayor Ferre: Precisely. Mr. Paul: Well, all I'm asking you is not to endorse, but to ask them to consider it. Mayor Ferre: At the next meeting. Mr. Plummer: We're going to ask them to endorse something we haven't seen? Mayor Ferre: No, sir, That's precisely my question. That's how I felt,too and what I'm saying is, that we do two things now, we tell the State, the Department of Transportation, that their present plan which is that, is not acceptable to the City of Miami. I think that nobody disagrees with. Second thing, we're going to do, is we're going to say that we are hopefully going to come up with a recommendation by our next meeting of July 9th, but in the meantime, we would like for them along with us, to study the Barton Ashman plan to study the Barton Ashman plan. Now, is that acceptable to every body? South- east? Gould? Sheppard? Rev. Gibson: And, Mr. Chairman, let's this as a footnote, that if they're going to have a meeting, you know, we don't control the State of Florida, if they're going to have a meeting, for God's sakes do us the courtesy, of having all the parties that are affected present. Hey, man, you know, a lot of people would agree with you if you'd only just say good morning. A lot of people go along, but if you go on and say the hell with you, then they'll say okay, all right, I'm not agreeing. Ease the pressure for us, my brother. Mayor Ferre: With that stipulation is there a motion now? Rev. Gibson: That's the motion. R_ THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STUDY AND CONSIDER THE BARYON-ASCHMAN PLAN: FURTHER REQUEST- �3F„ ING THE FLORIDA STATE DEPARTMENT OF TRANSPORTATION TO TO INVITE ALL INTERESTED AND AFFECTED PARTIES IN THE EVENT A MEETING IS CALLED IN REGARD TO THIS MATTER. Upon being seconded by Commissioner Lacasa, the motion was passed and ec�opted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. r ABSENT: Mr. Carollo. Mr. Plummer: Mr. Ongie: Mr. Lacasa: Mr. ONgie: Rev. Gibson: Mr. Ongies: Mr. Plummer? Yes. 'kaSif 'firs } Mr. Lacasa?�°�x. Yes.Egx�a sx gYs 3 , G Rev. Gibson? �NNNN'e, a i '. " Yes. " t,v5t.w��mxkr,t Mayor Ferre? Mayor Ferre; I vote yes. CONTINUED DISCUSSION RE BIFURCATED PLAN FOR DUPONT PLAZA 19.1 AREA. COM"XISSIC;N C;UESTIONE NE:OTIATIN0, ROLE OF Y.R. F.CY KFNZIE (TE:SP0Fq,, _ILY DEFER771D) Mayor Ferre: Now, on the question of the moratorium, Air. Manager, the request was that we have a public hearing on that, is that on? Is the public hearing? Mr. Gary: We have an Item scheduled. Mayor Ferre: Sir? Mr. Gary: We have an Item scheduled. I'm trying to find the number for you. It's not a public hearing, but it's scheduled. Mayor Ferre: Mr. Manager, if you will go back to the Minutes you will find out that it was the consensus of the majority of this Commission when there was an objection as to the placing of a moratorium that it ought to be done under the premises of a public hearing and you, Sir, and the Clerk were in- Oructed to put this as an agenda item as a public hearing item. Now, I'd like to know why the Commission's instructions were not followed? 32 JUN M 0 1, P ( f , N 3 e i37 (k per x9 -r Mrt dart'., It i + tt{y4pfiYtt" i s x 11 3'et tp}f t ' r. f r, Mayor. Mayor Ferrel Well, I'll tell you the..it is a technically, a Moot point, because this matter is today before the Cabinet, which hears it on the 21st day of July. Behond the 21st of July then it becomes a point which must be discussed. Now, I would welcome,on the part of Southeast and Mr. Gould, if you wish on the record, explain to us where you stand and Mr. Kenzie since you've been playing the part of Philip Habib I hope you've done better than he has, going back and forth in the shuttle diplomacy, perhaps the way to begin this discussion, is to ask you to tell the City Commission where we sta,,d, 'cause to me, all of this is fine, but that's riot the crucial point or it's not the final crucial point, it is "a" crucial point, but, we're now talking about automobile traffic, I need to know where we stand on pedestrian traffic, how do human beings get from one building to another and one project to another. Mr. Roy Kenzie: Mr. Mayor, for the record, my name is Roy Kenzie, Executive Director of Downtown Development Authority. I have for the past several weeks been working with Mr. Gould and Southeast Bank and Gerald Hines interests in discussing the development of DuPont Plaza and possible changes, revisions, oompromises and improvements to the various elements within the Plaza itself. This has involved discussion of the road system, involved discussion of the design of the buildings, particularly Mr. Gould's buildings, has involved dis- cussion of the bifurcated road system and pedestrian movements and questions of litigation and existing cases that are being heard now. Where we stand at this point in time is still in discussion, but we have moved quite some ways from our original entry into this. We have still on the table the question of movir.�;,.- the People Mover Station, from its location presently here, between Southeast Bank and Gould's development within this block, back into the front face of the garage and retail project here. Rev. Gibson: I don't think I heard right. Mr. Kenzie: Okay, I'm going through... Rev. Gibson: I'm going to ask a question. 1 t Mr. Kenzie: Yes. Rev. Gibson: Litigation, what's that? Mr. Kenzie: All the legal cases and lawsuits and going back and for be- tween the two parties. Rev. Gibson: Which two parties? Mr. Kenzie: Between Southeast Bank, the City of Miami and Gould and the`State. Rev. Gibson: We have a lawsuit? Mr. Kenzie: You are a party to a.. Rev. Gibson: Mr. Gould, you got a lawsuit against us? Mr. Kenzie: No, it's not a lawsuit. Okay, these are hearings and appeals of hearings before the State. Rev. Gibson: But, then, you know, you worry me when you say litigation, 'cause I went to law school for a day. Litigation means, mean, just what it says. Now, if you all are going to be friends and you come down here and you parade and you tell us..hey, we want to get an understanding —that's different story. I don't want people coming here telling me, hey, we want you to, you know, talk and then you all go out and fight like hell. I thought we set a tone up here that we were going to try to be a family. Are you telling me that you're in litigation? Mrs Rdh2ie., t3o, what 111 telling ybt it that weirs tryihq to bring the tW6 parties together, Mayor Ferre: Yes, yes, yes. The answer is yes. The answer is that yes we are in litigation and this is Israel and Lebanon, all right and that's why you need Philip Habib, because if there is no threat of war, then you wouldn't need a diplomat going back and forth trying to settle the differences, may I, The difference is that Mr. Gould has intervened in the question of the order by the State and the matter is before the Cabinent of the State of Florida on 21st day of July. Now, it is not a case pending before a court. It is, can't be a case if it's not pending before a court, as you know, that what they're doing is they're appealing an administrative procedure before the cabinent of the State of Florida. Now, beyond that, as I understand it, it goes to the court of State of Florida and therefore it has the potential of being a law- suit, so in effect, it is, I mean you know, it isn't... Rev. Gibson: You know, I'm a slow learner. Mayor Ferre: It isn't, but it is. Now, that is exactly why we're trying to solve the problem. I mean if that were not the case, if there was not a difference between Southeast and Miami Center, then obviously we wouldn't need the services of Roy Kenzie in trying to work out the differences, and there are two items that he's trying to explain, that are involved. One, is the location of the People Mover Station and secondly, is how pedestrians connect between these different projects and that takes into account S.E. 3rd Street. Now, have I expressed it properly? Are those two issues? Mr. Kenzie: Well, those are two of several issues. Mayor Ferre: Well, what are the issues? Mr. Kenzie: Okay, the issues that are involved. One, involves the moving of the People Mover Station from it's location here, back into the front face of the garage connecting over the street. That's number one. Two, is the possible closure or partial closure of 3rd Street east of the service and garage entrances and exits at this point towards the Boulevard. Mayor Ferre: Under the guideway of the... Mr. Kenzie: Under the guideway of the DPM. The third is the removal of any second level pedestrian plaza... Mayor Ferre: The what? Mr. Kenzie: Any second level pedestrian plaza that was originally proposed and discussed in this area. At one time the People Mover came through here, the Station was here and Mr. Gould did propose a second level pedestrian plaza or promenade that extended over the street this entire length. Mayor Ferre: I don't understand. You mean either or? Mr. Kenzie: We're talking about removal of that. Mayor Ferre: I see. Mr. Kenzie: Okay. No more second level pedestrian plaza. Mr. Plummer: Mr. Mayor, excuse me. You know I want to use exactly what you just said. You know, when Mr. Habib, the Syrian fellow, goes to Israel to negotiate, he's also of Arabic background. He is sent by the people in Washing- ton and you bet your bippy that those people in Washington tell him what he's going to negotiate. Now, Mr. Kenzie has not talked with me. I cannot speak for other members of this Commission.... Rev. Gibson: He has not talked with me. Mr. Plummer: And I want to know who has delegated Mr, Kenzie to go and negotiate aomething that I as a Commissioner don't know. 34 J(JN �r gr 11,Ml5A i r 1 t r i WIN s rrr�i�fr:. �ii - lE,'i r�s.n ro�'iyT,�ll,*�risa Tape 3 12 t. Mayor Terre: J. L, r the prodess in this is so., , Mr. piumrner: No, Mr. Mayor, I'm asking the question, I'm entitled to an answer. Mayor Ferre: I'll ask Mr. Kenzie to answer that if he... Mr. Kenzie: I'll answer it very simply. I went from this point, I looked at Southeast Bank attempting to get its building under construction. I looked at Mr. Gould, who is coming to the Commission to try and get a development order. And at this point and time things are not moving very quickly and things are not getting done and I decided to try and go to the two of them to talk to them to see if they could come together, so that we could then come to the Commission and present our ideas of how we'd like to solve this, so then you could consider it and move forward. The final decision is yours in the develop- ment order and the issue of the permits. Mayor Ferre: Wait a minute. J. L., if you want to blame somebody, blame me, please. Mr. Plummer: I'm not trying to blame... Mayor Ferre: Because I will accept the responsibility. I'm trying... Mr. Plummer: Did you delegate Mr. Kenzie to do these things? Mayor Ferre: I asked Mr. Kenzie as a neutral party and as an executive of the Downtown Development Authority, whose prime responsibility is to worry about the types of problems like this, whose has no line, but rather has a staff responsibility, to see if he can find peace between these two warring parties. Yes, I asked Mr. Ken-ie to try and find a solution and I hope that we've made some substantial headway in finding that solution. It is important for the future of downtown Miami. Mr. Plummer: Mr. Mayor, would it not be smart that Mr. Kenzie know what the feeling of this Commission is or this Commission know what he's feeling and who is telling Mr. Kenzie what to negotiate. Mayor Ferre: It's a chicken egg situation. Mr. Plummer: No, it's not. Oh no, that's where the problem is. The thinking is, it's a chicken egg. And the egg is coming before the chicken. Mayor Ferre: You cannot resolve a problem of this magnitude in a Committee. It cannot be done. A Committee of five cannot negotiate something this com- plicated. I have not been involved in the negotiations because I think it is best to try to leave a non -voting neutral party to shuffle back and forth be- tween the interested parties. There are two and.. Mr. Plummer: No, there's three. 3. Mayor Ferre: There's two. j�a �� k { tr fl T 4� 1 a; Mr. Plummer: There's three. Mayor Ferre: We eventually make the decision. our... Mr. Plummer: Mr. Mayor, I'm sorry. We are a damn interested party and we're being left out. Mayor Ferre: J. L., we're the decision making ... right now, with that concurrence between Southeast and Gould, whatever we say here means absolutely nothing and in my opinion, now perhaps we have a disagreement. I think we need to have these warring parties come to us with a solution and then we decide whether or not we accept that solution. go ? fRIP,, ffix r Of f 1041 r �ea .. {5 OR vy 9- 111 mayor pefte. We11i we have the Minister of t)eveiopMent of Venezuela that just walked in.... Imo• Plummer: I want to put on the record right now to both developers, Mr. Gould, Mr. Bassett► Roy Kenzie does not represent me. comewant usyou and get our under- him stand that and anytime you spend with him until they recommendations and go forth and negotiate with this Commission wants negotiated, he until he's assigned as the designated negotiator between this of going to allow does not represent one vote on this Commission, because I am not going him or anyone else to go negotiate something on behalf of this Commission and have it come back here and say I don't agree with my negotiator, so I'm telling both of you that you're wasting your time negotiating with someone who has not even had the courtesy to come and talk with me, so I just want that on the re- cord very clearly. Now, if the day comes where the chicken and the egg t we've got now and wetre straighten around here instead of scrambled eggs scrambling up a storm. All I'm saying to you is this man does not represent me and will not until such time as a Commission action is taken and he will be our negotiator and we will set him forth with instructions what to negotiate and not negotiate. Mayor Ferre: Mr. Plummer, that is precisely the point. This Commission cannot in any way give Mr. Roy Kenzie instructions without taking sides, Father Gib- son, we cannot give Roy or the Manager or anybody instructions because there is a controversy here as to how to solve this problem. Now, what we're trying to do, frankly and I would have hoped would have happened by now, is to keep this debate from happening in a public circumstance which doesn't help anybody and have these two warring parties come to a basic agreement and come and say, look, here is what we have agreed to do, do you accept it or do you not accept it. Now, unfortunately, we have not reached that point. I wish to remind the Commission and Mr. Plummer that is precisely why this Commission on a a three to two vote, which I think still represents the majority, voted to place a moratorium on DuPont Plaza so there is a... Mr. Plummer; No, sir, that was a five -zero vote. Rev. Gibson: For two weeks. Mr. Plummer: That's right. Mayor Ferre: Precisely, precisely and that we were to have a public. nearing today to decide whether that was going to be extended or not. Rev. Gibson: Okay. -Mr. Mayor, let me raise the question... Mr. Plummer: Let me finish, Father, excuse me, Mr.Mayor, all I'm saying to you _ is don't....and Roy, this is not personal between you and I, okay, you're the Director, the Executive Director and that's what I'm speaking to, don't let any man go forth and negotiate something that this Commission is not aware of when the two parties think they're negotiating in good faith and come back to this Commission and this Commission says, no, we're not going for that and then, those two parties say, what in the hell were we wasting time for. That's what I'm saying to you. Rev. Gibson: Let me get my thing in. You know, for weeks, for weeks and maybe months, I've brought this to the Commission, nobody listened to me. I accused Mr. Gould of holding the gun to our head. I'm not going to jump off that at all. I said when I learned that Mr. Gould was going about his merry way in- hibiting the process, now note that we the Commission, took a position and said to Southeast proceed forth with. Mr. Gould said, is that right. He went to the Board, State Board and appealed and no, intervened, stopped the process. We are yet waiting for their answer to the appeal. I take the position that doggone it if I am the legislative body and I instruct and Mr. Kenzie, I want to dismantle you for me today, okay, if I took the position and look what has happened the legislative body or the committees on two or three levels, said okay Southeast proceed. Mr. Gould says, the hell with you, the Commission, has said or directed. So, Mr. Gould is bigger than we are. Now, Mr. Mayor, I want to say loud and clear until Mr. Gould shows good faith and removes and removes his intervention, he, Mr. Gould, you don't have Theodore Gibson's vote and thank God, I'm in my right mind and I ain't going to give nobody my vote, my ballot `6 ._ y, ROOM ''i x f� MINi sr�YSa"t°it_z,P r of pi r i z° .... ..: .. PieV, ilibson: (continued) to cast for me. Now, if you're going to come this batgaining table in good faith, you don't come with a gun to my head. You come as every other citizen here, free, unencumbered and I tell you, ask your people, I said to them you know you can't represent Mr. Gould and anybody said that you all want to be polite, we went along. Who was that the governor's son-in- law, the former Governor's son-in-law, the lawyer who represented Mr. Gould? Who? Aurell. Yeah, man, he's a lawyer and all to find out that when Aurell had agreed with us for certain things, Mr. Gould came back having been commiserating with the Pope, said, you know they don't represent me. Now, Mr. Kenzie, I'm going to put... Mr. Gould: Father Gibson, I think it's time statements... UNTELLIGIBLE DISCUSSION Mayor Ferre: Mr. Gould, I will give you your opportunity in due time, let Father Gibson conclude his statement and I will recognize you for your statement. Rev. Gibson: A -'"en • I have said and I continue to say you can't go in court with dirty hands. You go in court with clean hands. I'll believe that we, the Commission, need to issue a mandate otherwise, here's what you're doinG, we said to these people go out and build your building, he says, well, I don't want them to build it. I'm going to see to it that they don't build, get an order to build, until such time as I could do my thing. They started out early, note what I said to the Commission, I said to the Commission we wanted a model. I'm going to tell you this today, I'm going to try like hell to convince this Commission that if you don't have that model today, we're going to proceed forth without it. I think it's the only right and fair thing. Mayor Ferre: Procced with what? Rev. Gibson: if we wart to have that model, because all that you're doing, you know, you're operating in the dark. I don't operate that way. I put my action on the =able. Now, you don't lead me around. I want the model and I want that petition withdrawn and until you get it, I want to promise the Commission and I want to promise Mr. Gould, you don't have my vote and I'm going to do every doggone thing I can up here to persuade the Commission to go along with Theodore Gibson sensible, reasonable and logical thinking. Now, you can speak. Mayor Ferre: Mr. Gould, I'll tell you, with your permission and that of the other members of the Commission, perhaps we can cool down a little bit here. 19. PERSONAL APPEARANCE: P,�ESIDENT OF BANK OF VENEZUELA DEDICATION OF NEW BANKING FACILITY IN MIAMI Mayor Ferre: We have a very distinguished member of the Venezuelan government here. He is thu Minister of Development of our sister country, Venezuela and I would like for him in a moment to step forward and receive the keys of the City of Miami and then we're going to take a five minute break and go and unveil and receive the statue of the Father of Venezuela, Simon Bolivar. (DISCUSSION 1N SPANISH). Mayor Ferre: Ladies and Gentlemen, to put Venezuela in very simple perspective with the City of Miami, last year there was 300,000 Venezuelans who came to this community and left us a half billion dollars. Last year, out of seaport and airport, 40% of the goods that were shipped out of Miami went to Venezuela. That was four billion dollars worth of American goods that made Miami the second export port after New York.. Now, if for no other reasons, just the magnitude of our business, the yachts that are placed in your yacht haven, the clients 37 Mayor Verret (continued) that these prominent lawyers that are nere wiLn us today, have the money that is being deposited in the banks, is greatly in- fluenced by the impact of the billions of dollars of legitimate Venezuelan money that is coming into this community. It is, therefore, a major recognition for the major bank in Venezuela, the number one bank, which is, to put in per- spective, larger than Southeast Bank has decided to open its third international branch outside of Venezuela in Miami. Now, mind you, they could opened it in London and I understand they will next year. They could opened in Houston, Texas, which is a natural place for the Bank to have an agency, because it's the center of the oil world, but they chose Miami and the reason they chose Miami is, because they, too, recognize Miami and Florida as the single most important export point for Venezuela. The majority of American goods that are used in Venezuela are exported through Miami. We're deeply honored by the presence today of the President of the Bank, we're deeply honored by the Minister of Development presence and on behalf of this community, I would like to and those of that don't speak Spanish, will forgive me while I say a few brief words. EXCHANGE IN SPANISH Mayor Ferre: Ladies and Gentlemen, we're now going to walk outside to accept the bronze statue which the government of Venezuela has honored Miami with in recognition of all the ideals that Simon Bolivar for so many years has meant not only Spanish .speaking Americans, nut to the American ideal, the ideal of dignity of men, women, freedom and democracy and social justice and so, now we walk out, the Commission will accept the statue from the Minister and we'll be back in five minutes to continue with our regular agenda. Mr. Manager, you could see an emissary to the missing two members of the Commission to see if you can get them in this room. I see Mr. Carollo is coming. Did you send somebody to talk to Lacasa? Mr. Gary: Yes Sir. Mr. Plummer: Mr. Mayor, while we're waiting I can make a comment that I think I should make, I don't want in any way, Mr. Mayor, the perception to be drawn that I am feuding with Roy Kenzie or fueding with the DDA. Mr. Mayor, I would feel proud to have Roy Kenzie be the negotiator between the two feuding parties for this Commission. I think he's good at what he does. All I'm saying and I hope that it is understood that if he does go negotiate for this Commission he shall go forth and negotiate the policy of this Commission first and fore- most. I hope that is understood. I have no problem if this Commission so sees fit to designate Mr. Kenzie as the negotiator, but he shall go forth and ne- gotiate what this Commission, the voting members, the elected officials want negotiated, not what somebody else might want and lock us into and have us turn down in the final analysis, so I don't want the conception to be that I have anything personal with Roy Kenzie. 2C. COI:TINUED DISCUSSIO14 OF BIFURCATED PLAN FOR D17PO'; PLAZA: EXTEND MORATORIUM ON BUILDING PEFI:ITS UNLESS AGRE=14T IS ::EACHED F 17 GA?DINS RESOLUTION ()F TFI:FF:C PRCBLE',S iN UUPO.� T FLAZA ARLA. Mayor Ferre: All right, Mr. Gould, I apologize for this 45 minute delay, but as you know, the government of Venezuela and the Minister were here and they had made this presentation and we had to recognize their presence here. The Chair recognizes you now. Mr. Theodore Gould: The representatives of Southeast and I have had a small discussion along with Mr. Sheppard. Let me very briefly tell you what our Schedule is. We're meeting this afternoon based upon the proposals that have been made, we are revising our design and having a model constructed. Is our intention to submit that model in our design for the development order of July 23rd hearing of the,City Commission. I don't see any point, at least in a diplomatic way, of conducting an additional discussion prior to the meeting 38 J! _, ggagru R. G.? '9.*"�3 IM ra S• FN`,.zS .SS .� 7 4 �. ii � S� ._ � {�i 1 �5j� $"Ti�{�+'�'hST'`fA^4Ni`E'§t:X' j & t.. Mr, Gould, (continued) that will be held this afternoon. So, rather than re- sp6nding to the remarks that Father Gibson made, I perfer to say nothing. Mayor Ferre: All right, thank you, Mr. Gould. Now, Mr. Colson and Mr. Traurig you and I met this morning and I told you that as far as I was concerned we had, during that discussion, made a statement to me which I said would be acceptable as an alternative to a moratorium, however, we need to get that on the record. And I want Dan Paul and Roy Kenzie to listen to this, because I don't you coming up them and not understanding what's going here with regards to this moratorium. And you and Skip are sure an interested party. Mr. Traurig: Mr. Mayor, I acknowledge that we met this morning, we indicated to you that there had been submitted to us for consideration a basic design for that area, which would become the subject of discussion at that 2 o'clock meeting that sir. Gould has just mentioned, that assuming that that basic de- sign is the design agreed upon by Mr. Gould at that 2 o'clock meeting and assuming that from an engineering standpoint, from the standpoint of other governmental approvals that are necessary with regard to our development, for example, the approval o: the South Florida Regional Planning Council that this does not constitute any substantial deviation which would require a revision of our DRI application and this doesn't impact the entire air quality issue, then we would probably look favorably on all the things that were on that design but that we didn'L want that to be construed as an agreement with regard to other governmental action that had to be taken, such as, the removal of the People Mover Station, because that is an entirely independent subject over which we have no ccn•-rol. So, with that in mind, we thought it would be im- proper really to re -impose the moratorium. Our understanding of the moratorium was for 2 weeks, it's expired, the only thing that you could do today would be re -impose it, I don't know if there's justification for re -imposing it. I can just tell you that the next 2 weeks or so we were not going to be applying for a building permit anyway. So, to re -impose it, while we in good faith, are in meeting to see whiether or not we can resolve some of these problems, is a bad thing psychologically and we hope that you don't re -impose it. Mayor Ferre: Well, as I told you this morning, I'm perfectly willing to go along with Southeast's request, your client's request, of not imposing and I can only speak for one person, I've only got one vote on this Commission, a moratorium provided that we get in writing here a statement from your client that you're willing to accept a solution which is proper, which is Roy Kenzie has been in the midst of doing, provided that it does not in any way impose a complete re -submission on your client's part to the Southeast Regional, what- ever its called, Southeast Florida Regional Planning Council and that this in no way delays the normal course of event. Now, how you phrase that in your, the technical language is something which I would hope would have the con- currence of our City Attorney and would have the concurrence of the interested parties attorneys, the premise of which would be that we have found a solution with those conditions which I'm perfectly willing to accept, to the pedestrian connection, which is what we're really talking about. Mr. Kenzie said there was 3 items, there's actually 2. One is the location: of the People Mover Station and the another item is the pedestrian connection, whether it be at a second level or at a lower level or whatever the level is. Now, those are the 2 subjects tha I understand are pending before between these two property owners. Is that correct? What's the third? Mr. Kenzie: There's a series of them. One is the DPM Station, two, partial closure of 3rd Street, third would be the elimination of these level pedestrian plaza, fourth, would be Gould bringing his building . Mayor Ferre: Yes, but that's part of the same thing. is the second Mr, Kenzie: Well, fourth would be bringing his buildings down to grade and eliminating the second level. Mayor Ferre: Again that's part of the same thing. In other words, Gould, now, is saying that he will no longer in his design have the second level connector pedestrian, so he's bringing everything down to Southeast, which is the grou-nd- level and the question is how these interconnect. 39 JUN Mr, Reh2ie: We're talking about give and take on both sides and Gould is agreeable to the movement of People Mover and partial closure of the street and there's a question on Southeast Bank's side whether or not that is possible; because of traffic movements and other requirements and there is also public decisions that are necessary to move the People Mover Station, the policy committee by the County would have to review that and move on that in the end and so it would be hard for the two parties to make that decision without the others moving forward, but we're trying to see if there is any kind of agree- ments that can be reached between the two that can be taken back to public bodies for action. Rev. Gibson: Mr. Mayor? Mayor Ferre: Father Gibson? Rev. Gibson: Let me make it crystal clear, because I'm going to offer a motion in a few minutes, okay. I think that in order to operate in good faith with us, number one, the moratorium ought to be lifted. Mayor Ferre: It's automatically lifted. Rev. Gibson: Well, I'm not going to assume that. I'm going, I want a motion acknowledging as of this day, 1981, the moratorium is gone. Mayor Ferre: I'm not voting for it. You make your motion. Rev. Gibson: Well, I'm going to make my motion, because let me tell you some- thing, I'm an old coon. I'm older than any of you here. I'll acknowledge that. When a man goes into bargaining an: he knows lie has a gun with a bullet in it or bullets in it, he bargains one way. Number two, I don't think that this Commission can in good conscience carry it out what it intends to carry, when you're saying, "Okay, we're going to the table as a family" and a member of the family has already gone to the Appeal Board and holds up the process. One of the Board says "yes", then another members says, "Well, you know, the Board you could go ahead" and then here comes another member, the same member of the family, who goes to a higher Board and says, "We're appealing the lower Board's action". My Brother, I operate very simply, in trust and in confidence. Any law, any agreement that you write, they taught me this in law school, you can break it all you've got to do is take time and find a way, but if you do it based on honor and integrity you don't have to worry about breaking of any law, you go on and do it because we're operating as a family. I sounded that note at the very beginning when this argument pursued and I am not going to get off dead center. Now, look, Theodore Gibson represents as an individual, Theodore Gibson and I'm answerable to the public for my action. I understand that. And I'm prepared to go before the public and tell them why I do why I do. I'll be doggone if I represent any other member of the Commission. You take your moral principle wherever you want to take it, I don't care, that's your business. i say that I want of these parties going as a family and Mr. Kenzie, you see, let me go one step further. When I raise hell here, not too many weeks ago about a model, everybody thought I was a s.o.b., you know what that means? Mr. Plummer: Shortness of breath. Rev. Gibson: Yes, okay. Note what Mr. Kenzie is saying now, "We're going to change the plans. We're are going to re -direct", note, that when they first came it was life and death to have this second level pedestrian business. I, before you leave, Mr. Kenzie, want you to tell me all and the developer tell me, why all of a sudden we have moved from the second level to now the first. Now, that substantiates my desire for a model. If you have the model, I could always point to the model and say, "This is what you told me. This is what you showed". Now, we can change at any whimsical wish, answer the question, why the change? Mr. Kenzie: Two things. One, a model is being prepared which will come, a model is being built right now, which will come to you when Mr. Gould comes to you for his development order which will be the meeting in July. That model is being built at the present time, but, Mr. Gould decided with his joint venture partners to look at the development at DuPont Plaza as a housing tower and an office building as opposed to two office buildings. It allowed them some changes in the design, which we could take advantage of to try and eliminate the second 40 �f xis vi I . r At, ktantie, (continued) level pedestrian Plata betWeen the two pro -1eots� fkev• Gibson; What ate the advantages? Mr. Kenzie: Well, by moving the housing tower back towards the parking garage and keeping the office building towards the gay, you didn't have to have the large amounts of valet parking and circulation underneath the housing tower that would keep the platform up above the street, so then we could move it back down and tie the two projects together at grade, so that Southeast Bank' garden between their two buildings could extend across the street and actually link Lp with Gould's project on the other side that you wouldn't have to go to a second level to circulate between the two projects. Rev. Gibson: Okay, let me ask you this. Where you here when Mr. Gould in- dicated to us how important it was to have that second level pedestrian bus- iness? Mr. Kenzie: Right and I was in agreement with it at that time, based on the design at that time. we've been able to... Rev. Gibson: Or...hey man, you know, I'm no fool. Or.... Mr. Kenzie: No; I don't understand Viat you're .... Rev. Gibson: Well, it's got to be convenient and all of that to you all, to your position, that's why. Listen, I'm no architect. I took industrial arts at Brooker T., you know and you know what I'm talking about? Look, I say when you come in court come with clean hands, tell us, say: "Look, man, we find it economically to our advantay<: to go on the first floor level bus- iness rather than second". You know what I'd do? I'd buy the same man you are dealing with money. You can't believe that, you think I deal with prayer all the time, you watch out we do building around the church that I serve. isn't that really the way it is? I'm sure that you all must have made an investigation all over the country, that's what Gould indicated up here, you all remember that? That, you know, they'd go and investigate. I want you to know that I shall never forget the experience I had at that mike. That was one of the greatest experiences I've ever had in public life to have law- yers represent a client and then, to have the client say, "They can't re- present me". You don't do that, man. Usually the average lawyer says, "Well, you take your project and go your way and dismiss me". Isn't that the way you lawyers talk? You're doggone right. Anyway, you know how I feel, Mr. Mayor. Mr. Plummer: Mr. Mayor, I think it should be added to the record that Father says he deals in prayer and that we should note that what he's praying for is more money. Rev. Gibson: I am. Mayor Ferre: All right, Mr. Kenzie, is there anything else you want to add to any of this? Mr. Plummer: Well, Mr. Mayor, I just want for one vote on this Commission to make a notation that Mr. Kenzie's concerns are expressed by me, but by no means are they all of my concerns, there are more and I'll deal with those at the appropriate time whether they're negotiated out or not, I'm just making the record clear that all that he has expressed this morning, I express but they're more, so I don't want anybody negotiating feeling like once the ne- gotiation on his concerns that he, alone, has negotiated that it's all over. I want all of you to know that. Mayor Ferre: Well, the crux of the matter is this, that Father Gibson has expressed his opinion, you parti&lly expressed yours, not as you said totally, Carollo has not expressed his or Lacasa has not expressed his. let me just on the record, explain how I feel about this. As I told Mr. Colson and Mr. Traurig this morning, I have voted with Southeast and with Gould 100% of the times that there has been a vote, not 98%, not 95%, 100% of the time. I was the swing vote that the Southeast Regional Council, it is not this Body, if I had voted differently at Southeast Regional it would have been defeated, M t&y6r Verre: (continued) the Southeast Regional would have appealed the matter before the Cabinent and it would have taken a lot longer time, so 1 have no apologies to make for my persistent positive vote in trying to move forward to Southeast and the Hines project. Now, as I sense this, the People Mover Station is an important, but to me, a secondary question. What is totally paramount is the ability for these mammoth structures to be able to inter- connect and to deal with each other and therefore, the real key decision is the ability to close off part of Southeast 3rd Street. From that, I think, will flow the decision as to where the People Mover is going to be. Now, unless I have a clear understanding as to what Southeast's position is on that, I in good conscience cannot do anything, but to extend this until a proper public hearing and this time I would expect the administration would follow the Commission's instructions to put this on the agenda for a public hearing either July 8th or July 23rd, whichever the case may be. Mr. Plummer: Mr. Mayor, speaking to your particular point, I have expressed in the past and will continue, that I don't want any of the streets closed. I think it would be detrimental to the orderly flow of traffic. It is my understanding that Southeast has taken the position that they are not for or against the closing, for or against the People Mover, which in fact is going to be a decision not by this Body nor by Southeast or by Mr. Gould, but by Dade County and that Committee of which you and I sit on. Now, what we're really talking about then, in fact, is the Miami Center and how that would in effect do the traffic. To my knolwedge there is no proposal nor did I vote in which Southeast would close any of the streets nor Southeast would impose upon any of the streets. Now, I don't find it, you know, what are we are -talking about? Mayor Ferre: We're talking about the pedestrian connection between four large structures and eventually, six large structures and the closing of part of a street, so that there will be an uninterrupted walking connection between those two mammoth buildings and hopefully a continuation as Mr. colson puts it of the football field park that Southeast has come up with, which I think is an essential to keep some openness in that general area. That's what we are talking about. Mr. Plummer: You and I, of course, have a disagreement on the closings of streets, which is, you know, nothing unusual. Mayor Ferre: You can't have one without the other. You cannot have that park setting and that pedestrian connector without the closing off or without the connector between those two park areas. Mr. Plummer: Well, Mr. Mayor, it's my understanding and what I voted upon, that all of the pedestrian interchange between the buildings would not be at ground level. It would be at an elevated level, that's what I saw. Mayor Ferre: But, that's the issue, J. L., because what happened was that Gould's proposal was that it all be elevated, see, Southeast did not accept that and that's what brought on all this rigeramole. Now, when Gould, as I understand it, says, "Okay, I will accept going to ground level, but for me to do that I have to be able to connect." Now I L."-�rstand the logic of that as, you know, from planning architectural standpoint, I understand the essential importance of that, either you connect at a second level or you connect at a ground level and it's got to be, one or the other. Now, you can't have your cake and eat it, too, it's either or. Now, I told Mr. Colson and Mr. Traurig, I prefer the second level connection, that's my preference. I think that would be a much better pedestrian world to be in to not have any cars or anything to interfere with anything, so that you can walk out of the building, that's acceptable to Southeast, I understand, they're way a- head in the design. They've got the bank floor up here and they don't want to re -design, okay, so for us that's what you get when you go in every com- plicated three-dimensional urban problem and you try to solve it on a piece meal basis and now we've got to pay the price for it or the continuation of what downtown is, which nobody wants to continue and that is, a 8 to 5 city that shuts down at 6 o'clock and becomes nothing but a vacant, empty area. We want this to become a living human city, we've got to bring people to live downtown, we've got bring hotels where people will stay and walk the streets at night without fear and the only way we can do that is trying and 42 JUN 25 Mr. Traurig: Mr. Mayor, can I make a few comments to clarify some things. First of all, I don't think we should leave this room without having re- stated that we had agreed to a second level connection. The only question was where and how and we had agreed, if you recall, to have our escalators go to the station platform for the DPM system and then the question was how wide should it be and what other connections should there be and so forth, so we haven't vetoed that. What happened is that representatives of the public came to us and suggested that perhaps some further discussions at the ground level should occur and we agreed to that and the only issues that we think, you know, require a lot of discussion are whether or not 3rd Street stays open and we have a preliminary report from traffic engineers which in- dicate that might do violence to the traffic pattern and we wanted to dis- cuss that further and also, the People Mover location and that's a public debate. So, we are not obstructionists, we go with the second level, we go with the first level, we'll go with 3rd Street open if it doesn't do violence to the public's right to traverse the whole area of DuPont Plaza or we'll go without it and we're happy to meet this afternoon, I think that Mr. Gould did state the position of both parties that we're looking forward to a dis- cussion with the objective that we can resolve these issues. Mayor Ferre: Okay. I would hope and Fati,er, if you want I'd be happy to recognize you for your motion or not, I'm going to make a motion that the moratorium be continued to the 9th of July, either way. Mr. Plummer: Mr. Mayor, let me offer may be both of you a solution. Mayor Ferre: Okay. Mr. Plummer: Mr. Mayor, I think both of your motions are premature. We're': going to be meeting long into the night, okay, we've got zoning starting at1' 7 o'clock. I think that it behooves both of these people and whoever else in- volved that once they have their 2 o'clock meeting come back down here and tell us what happened, then we'll make the decision. Rev. Gibson: I'll buy that. Mayor Ferre: I won't. I'll pass the gabble to you, Mr. Vice -Mayor and I make the following motion. I move you, sir, that the moratorium in the Du- Pont Plaza area be extended to until the 9th day of July unless this after- noon any time until we adjourn you come back with some kind of a written letter agreement that is acceptable to you, to Mr. Gould and his attorneys, to our attorney and then I will be very happy to reverse thin 4f the pre- vailing side, if I'm on the prevailing side, I promise you I will a motion to reverse that motion. Mr. Lacasa: Second. Rev. Gibson: All right, you've heard the motion. Discussion? Mr. Plummer: Mr. Chairman, I move the table until this evening. Rev. Gibson; All right, the motion to table takes precedent, Mayor Ferre; That's right, without discussion. xY� J Rev, Pibspn; Without discussion. Call the roll. . 43 g�.�{ 'i� � '�. � a➢ •� f � IA�s� '„< xiw"`�",r ti* �� 5 sn:s ! � e -,d c„ F r� i#ak <.i 5�}' �#N��t � � � �. i :. t}�,' '�'}`�' S•tl X�f r r :f k 1 ` .z i e r � k s ,i4 zt rz .d z4 ��`�"�r' '��"i �, �t�',.��tl&��',�'t`�P�'d r�I`,+�X�t r � Ei, i� J 1i r ro 9 ii 1 �rifi� ffi Ga 1�3F tE i Ma Hirai a t R611 Ball Mr. Islumer? � � �s�� t � , T4 � Jig=a� �. `^ U F�� y r� ;r��i �.e s, a�'�E��t^" " �>rjv 'i Mr. Plumer., FYes. ram} �,� s, � �� +G �' � >• r �, � .� �: Ms. � Hirai: Mr. Lacasa7 s'4txx�� k,F= s xtr k�fx£ Mr. Lacasa No. rNa k, r �� rear �ri i='i` �'Ss. raar s-r`e�Jt,i z #Y,g',pa dk+t R y' li tir�w�+'�'�� r��,r�,t'��u;•zr ��, ��yErfF��a,S'e � g`T;� �4r��, � � j�� i�R��t7��:'w�'-�� ?�`� x ��` Ms. Hirai: Mayor Perre 312 Mayor Ferre: No. Ms. Hirai; Mr. Carollo? �kfi fN a tifG3�,E a� s� aj j ,r.{rFrz-��ri uY .41rv't E` i S a tEN`. vy^�'L�Yp a'ja5'�r'._A, "v'^x., ¢ y • 3' '.r 1J�'t 'li k'"i r ki�`aw" ; 1'' �-,i,a� i f klt''t`ijtssJ<ik4S. ``✓F �`t-t NF 3E�N�k d'4i'E"$x'76 J 1��-�1»:E,5-c��+f��5k3tg3`. Mr. Carollo: No. r a 4 E c i a a ( Ms. Hirai: Rev. Gibson? i } t adz rN�'N 9yrj WlL�:T�'¢ 0no1iVf4Vr sL>�'c ivrdv5fGd ;f`h'tku3eGk?t4i,x°�s3 4� t;7{,iEEy'n£?g '4 , nS Cry"Yws SSr'liri . 3�ABt Rev. Gibson: Yes. ' i f Mayor Ferre: Call the preVioUa uestib' The following motion was introduced by Commissioner Ferro., Who moved its adoption: MOTION NO. 81-555 A MOTION OF THE CITY COMMISSION EXTENDING THE EXISTING MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR PRO- JECTS IN THE DUPONT PLAZA AREA TO JULY 9) 1981, UNLESS AN AGREEMENT IS REACHED BETWEEN THE DEVELOPERS OF THE SOUTHEAST PROJECT AND THE MIAMI CENTER PROJECT IN THE f DUPONT PLAZA AREA, IN WRITING, AND BROUGHT BEFORE THE CITY COMMISSION BEFORE ADJOURNMENT OF THIS MEETING RE- GARDING THE RESOLUTION OF THE TRAFFIC PROBLEMS IN THE DUPONT PLAZA AREA. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Lacasa and Mayor Ferre. NOES; Mr. Plummer and Rev. Gibson. } ABSENT: None. Ms. Hirai: Roll call. Mayor Ferre? Mayor Ferre: Yes. Ms. Hirai: Mr. Carollo? RA dj t- Mr. Carollo: Yes. Ms. Hirai: Mr. Plummer? r� Mr. Plummer: No. -f w? °�i i. � SAS q } F .*i +�i�'k i I'k•F V, � r� '�1A' 1✓` "'t�,9 ��' i'1S. Hirai: Mr. Lacasa ? Mr. Lacasa: Yes. LIxi'tLxt �aFr�.aiG�4(��1,5�' ,h. x J�ayJ};' P Aa €i '47� 1'�I s.�a�%f � 1a.� 4 �k y� Y `tri s�, 'r r �kn.`z' '� N�'✓i'�! ��' g t. ev, Ms. Hirdl'• L, R_ . Gibson? _v, Gibson; No. I 44 ��JarU ti� Mr. Plummer: Mr. Mayor, I hope these parties ate not leaving, we've got a lot more discussion on DuPont Plaza. Mayor Ferre: Why? Howard, let's make sure now that we have a clear under- s tanding that you will put this on as public hearing, okay, on the 8th day Of July, 9th day of July, beg your pardon. What is the 7th? Plummer: The 7th is the cable T.V. Mr. Gary: Cable. Mayor Ferre: I see. Mr. Gould: Commissioner Plummer, I am very sorry, after the meeting that we have this afternoon with Southeast representatives it will not possible for me to return. ,Mr. Ball's funeral is tomorrow and I have to go to Wilmington and I will leave this afternoon. Mr. Plummer: Well, the motion passed the other way, so it's no problem. Mayor Ferre: As a matter of fact, Mr. Gould, if you will stay here, I... Father, I don't think...I knew that Mr. Gould was leaving for the funeral at 4 o'clock, I've got no problems wit, that. I think that we can discuss whatever needs to be discussed right now and then you go have your meeting and Mr. Colson you core back with.'*if You ... I don't need Mr. Gould here to vote, he doesn't determine my vote and I want to tell you, Mr. Gould, so there's no doubt, that if I get a letter from Southeast, which is acceptable in legal form which says as far as the pedestrian connection is concerned it is acceptable to them, I'm going to vote to lift that moratorium. I just don't want you to go under a misconception. Mr. Bill Colson: My name is Bill Colson, Concord Building of :liami. I just want to ask Mr. Plummer, we're not aware of anything else other than the fact that there's a parking construction equipment of Mr. Gould's from Ball Point. Is there something else you're going to talk about? Mr. Plummer: Yes, sir. Mr. Cols n: You are, then I'll sit down. Mayor Ferre: Go ahead, Mr. Plummer: Mr. Mayor, I would ask that per the memo of the City Manager that an emergency ordinance be passed and I so move due to the inability of Mr. Stubbins that they immediately proceed with contacting the 5 outlined firms to select and do the job that this Commission had asked of Mr. Stubbins, who is, for whatever reasons, unable to comply and I would ask that... Mayor Ferre: What item is that on the agenda? Mr. Plummer: It's not an item on the agenda, it's an emergency item, Mr, Mayor, as asked for in the memo of the City Manager. Mayor Ferre: Well, I don't have a copy of that. Mr, Plummer: Well, it's in your supplemental. It's Item A. Mayor Ferre; I see. Well, oka Of a motion? --Le you going to make that in the form Mr. Plummer; That's what is outlined here in the form of a motion that we Mr. Mayor, Yes, I will make that immediately send the Manager to negotiate with W-1 JUN 251� ;i Mr Dlufiner:(continued) these 5 top fimt fbr the purposes of necjotiatioh and rtp6rt back to this Commission at the next meeting. Mayor Terre: Fine. Is there a second? Does anybody understand the Motion? Mr, Plummer: I seem like I'm talking to a blank wall. Mayor Ferre: I think so. Mr. Plummer: Well, Mr. Mayor, as you will recall, Mr. Stubbing wag selected,` as is my understanding, it was done when I had to leave this meeting to coo to Tallahassee, that Mr. Stubbins was selected to be the go-between between the two parties. Mayor Ferre: Architecturally. Mr. Plummer: Right, architecturally for the purposes of more or less of being an arbitrator or being an over -seer. Now, you were the one who questioned at the last meeting while a contract had been signed, why he has not been engaged, why he is not doing the job. Mayor Ferre: I got the answer. Mr. Plummer: And the answer was that he would not do it without a $350,000 fee. Mayor Ferre: No, the answer was that Mr. Stubbins would be under contract to Southeast and to Miami Center, that is Mr. Gould, because he would not be working for the City of Miami, again, we don't seem to understand that what we're trying to do is to get a solution between these two property owners. Now, Mr. Stubbins said that he would willing to do but not to begin the pro- cess he would want the right, architecturally, to do the job to its natural conclusion and he placed the price of $350,0000, to which is very little, very little when you're talking about, when you're talkinq abount the 100% spot, a project between them cost $3 to $400 hundred million, $350,000 for a solu- tion is dirt cheap. Mr. Plummmer: Mr. Mayor, may I read to you from the memo? Mayor Ferre: Let me.... let me just conclude, J.L., cause I don't want to get into a nit picking, hair splitting, you said, I said, we said thing, the point simply is, you're right whatever you're going to read into the meeting. _ The point remains the same, no matter what it is you're going to read, is that Stubbins is at this point or anybody else is totally a moot point, it doesn't mean a damn thing. Why are we wasting time on Stubbins at this point, which at this point doesn't mean anything. The solution to the pro- blem is got to be between the two warring parties and I hope that we get to that this afternoon. Once you come to that agreement and you come back to this Commission and this Commission agrees it's majority, we don't need Stubbing, we don't need anybody, 'cause your architect or his architect or anybody's architect can draw up the solution and I hope that's where we're going to be at today. Mr. Plummer: Mr. Mayor, you know, I just merely am saying that it was your- self who was most insistent and emphatic that a Mr. Stubbins, who I don't know, had to be selected. Mayor Ferre: I don't know him either, Mr. Plummer, I met with him after that, Mr. Plummer: No, no, sir, I'm saying that when you brought us to this Commission, I read the Minutes since it was done, the point is are you saying now that you don't feel this was worth while? Mayor Ferre: no, Mr. Plummer, I'm not going to admit that if that's what you are trying to play, I don't know what game you're playing today, but let me answer you by telling you, Sir, that Mr. Stubbins was selected to accomplish the job which doesn't need doing at this point, because it is 46 - s tt aid fiu Mayor Ferre: (continued) a moot point. You've pbviously have either riot followed the discussion or don't want to accept what's going on. What we're trying to do is to settle the problem between these two property owners, hopefully, today. We don't need Mr. Stubbins, we don't need anybody. Now. it was the hope, two months ago, when we did this that perhaps Stubbins could act as a go-between and settle this problem, it hasn't happened, that's why 'toy Kenzie got into the middle of it. Roy Kenzie in effect is doing what Mr. Stubbins was supposed to do. Mr. P1'.alaner; Well, Mr. Mayor, I will accept what you say. As you know, my great objection , was the man setting a few of $350,000. Okay. No, we're not paying him and according to this memo, both parties have said they're not going to pay, okay, and I don't blame them. Mayor Ferre: No, that's not so. They said, as I understand it, Mr. Gould told me personally on the phone, that he would be willing to pay his fair share and I don't... Mr. Plummer: Mr. Mayor, I will quote from the memo and it says clearly: "Neither firm appears reluctant to share the necessary cost of $350,000 required for this engagement". I didn't write that. Mayor Ferre: You read it backward, Mr. Plummer, read it again. Mr. Plummer: "Neither firm appears reluctant to share the necessary cost". Mayor Ferre: In other words, they're willing to pay the necessary cost in the English language. Mr. Plummer: Mr. Colson, if I understand... Mayor Ferre: That's the King's English, man... Mr. Colson: Bill Colson. Regardless of what the memo said, Southeast is not willing to pay for the $350,000 to the architect without an awful lot of discussion to assessment. While I'm speaking, may I.... Mr. Plummer: No, well, I'd like to ask Mr. Gould, you know, either the memo is right or it's wrong, it's backwards, it's forward, it's the King's English, or it's Yiddish...yiddish read from right to left, instead of left to right, you know, we've even got Swalili in here now, as you know, so I don't even know the hell I'm raading.... Mr. Gould: So far as our position is concerned the memo was correct as stated by the Mayor, I have indicated that we are prepared to pay our reasonable share. The Mayor is , also right now; that the employment of any architect, I think that Mr. Colson is going to say,is necessary at this point, Mr. Plummer: Okay. Fine. I withdraw my motion. It's superfluous. Mayor Ferre: That's my point, Rev. Gibson: Mr. Mayor?`'' — Mayor Ferre: Father Gibson. Rev. Gibson: J. L., if they have put in there both firms appear to be re- luctant that would have said that neither one wanted to pay, but to say what they have said is contrary. What should have been said both firms appear to be reluctant, meaning that neither one want to pay. No, no, no..,,I'm _ a slow learner, read it again. Mayor Ferre: Neither firm appears reluctant to share the necessary cost , is a double negative, which makes it..... Mr, Plummer: Ah, yes, Mr. Gary, from this point forward is going to get T„ a lot of memos of double negatives. Also called double dealing, Mayor Ferre; Well, I think we've taken this to its natural... 'i`1 i i r f't 4 �!' #t�, � � aau.�i�f f( �ffl� 3, f ia � ia,' r+ �tt i x �. ff Plummer; Mr. Mayor, 1 will offer a motion at this time, even though l might not get a second, but I want it very clear and on the record. That froth this date forward, Mr. Kenzie is not the negotiator of this Commission until such time as this Commission has set it's policy as to what we want and what we want him to negotiate and he or anyone else, Mr. Mayor, I offer that in the form of a motion. Mayor Ferre: There's a motion on the floor. Rev. Gibson: I second that. Mayor Ferre: All right on the motion let me, in speaking against it, explain that Mr. Kenzie has been in all good effort trying to bring to a successful conclusion a very basic disagreement that has this community torn, it is essential that somebody undertake this peace talking mission. Now, for us to come to a conclusion on what the policy is to put the cart before the horse. It is up to the property owners, hopefully, to work out a solution and bring it to the Commission. For us to do otherwise, I think, is to obviously not only castagate both of the property owners, because if these lawsuits are pursued and continued, I think what we're going to end up is one hell of a mess for a long time to come and I'm hoping to get a peaceful solution which will save millions of dollars for all parties concerned and the community if we proceed. I think that any effort that Kenzie can put forward for anybody and it doesn't have to be limited to Kenzie, anybody that who wants to undertake that peace mission is welcome and I'm sure not going vote against anybody trying to do that. Kenzie is a semi-official member of the, a public body. The Downtown Development Authority is an entity created by the legislature that is part of the City of Miami. He has been functioning in good faith for us tc, at this point, tell Kenzie that he has no authority to even try and bring peace, is in my opinion, against the best interest of this community and I would urge that this Commission not vote with this motion. Mr. Plummer: Mr. Mayor, once again I will reiterate, I have no problem with Mr. Kenzie being the negotiator for this Commission. The question really re- solves does Mr. Kenize really represent this Commission. At this point, I can only speak for myself and Father has spoken for himself that Mr. Kenzie has never contacted us to find out what our position is, so the real ques- tion has to be, who does Mr. Kenzie represent. Some of the ideas that he has put forth I agree with, some I don't and all I'm saying is, Mr. Kenzie, if he is going to be the negotiator, he should have a policy set and he shall adhere to that policy. Don't box us in to something he negotiates that this Commission turns down in the final analysis and then have the two deve- lopers stand up in here and saying, "Well, we talked it out with your ne- gotiator". I'm just saying Mr. Kenzie is a fine negotiator, he can repre- sent this City, but he's going to represent the policy of this Commission if he does such, that's all my motion speaks to. Mayor Ferre: Mr. Plummer, Mr. Kenzie does not represent the City of Miami Commission. That is abundantly clear. That I don't think he needs any mo- tion.... Mr. Plummer: The, Mr. Mayor, my motion is well in order. Mayor Ferre: Mr. Kenzie is representing a hopeful peace mission that will bring this thing to conclusion. Somebody has got to, you can't do that in front of the cameras, we cannot negotiate this matter the way we're doing it. It has to be on a one-to-one basis. Somebody has got to be able to do that and I think, what you're doing in effect, Plummer, if this motion passes is taking one step more in killing this whole, not only Gould's project, but Southeast. I think it's unbelievable. Mr. Plummer: Mr. Mayor, all I'm saying is in this motion that at this time he does not represent the policy of this Commission. We have not set it. If anything, Mr. Mayor, we're guilty of not complying with Mr. Gould's request and I now acknowledge that, when in January of this year, he asked us, this Commission, to set a urban policy so he would have some guidelines so that he could proceed and we didn't -do it. Now, all I'm saying, Mr. Mayor, is I'm not saying Mr. Kenzie, Roy, can't go out here and negotiate. He can go a t t r sz f511imier: (continued) negotiate tot the DDA, he cannot negotiate fot this C,oMission until such time as this Coftission tells him what to negotiate: Now that's all my motion speaks to, it does not preclude him going out and be- ing a peacemaker for the DDT,, for the good of the community, but if he's going to represent this Commission, this Commission will set the policy first, that's all I'm speaking to. Mayor Ferre: Further discussion? Mr. Lacasa: Yes, Mr. Mayor, I'm very concerned now about what's going here said silently in this discussion. The way I see my role as a City Commissioner is, on one hand to promote and help investors and developers, such as, South- east, Mr. Gould, to continue helping the growth of the City of Miami, at the same time, we have a duty to protect the interests of this community so that growth does not interfere with the orderly process of our downtown in this particular subject and to protect other interests, such as the one at DuPont Plaza Hotel, has been trying to protect all along this discussion. So far so good. When we're talking about $400 million investment between the two projects, I can see that these two parties have a lot of concern, wants to take their time and wants at the same time to assure themselves that they are not going to suffer. To further interfere, in my standpoint of view, with this process is detrimental not only to the parties, but to the community, because we have a vested interest in seeing that these projects go up. So, if Plr. Kenzie or anyone else can serve to help this two parties to come together, I certainly have no problems with that. At this point, since Mr. Plummer has rightly said that without any urban policy that we have stated, I feel that what we do is let the process continue, let's have these people put together their differences and come out with something, let's use whomever, who wants to help with this process and let's finish this as soon as possible so that they don't waste more time. Mon^y is pretty high in interest at this time, so every day that passes they lose money and this community loses two good projects and this City of Miami loses the opportunity to make some more money from the tax that it is going to generate, so I have to vote against that mo- tion at this point. Mayor Ferre: Further discussion? Call the roll. MOTION DEFEATED. On motion by Commissioner Plummer and seconded by Commissioner Gibson, the foregoing mntinn was defeated by the following vote: AYES: Mr. Plummer and Rev. Gibson. NOES: Mr. Carollo, Mr. Lacasa and Mayor Ferre. ABSENT: None. Mr. Ongie: Roll call. Mr. Plummer? Mr. Plummer: Yes. „ i"'I rt Mr. Ongie; Mr. Lacasa? 1 YFf�A Mr. Lacasa: No. Mr. Ongie: Rev. Gibson?�� Rev. Gibson: Yes.``F'u'' Mr. Ongie: Mr. Carollo?gm Farr#v�z�7it? 3 �YSx$ Mr, Carollo: No, ,4 Mr, Ongie; Mayor Ferre? Mayor Ferre; I vote no, „r 49 21. AUTHORIZE AGREEMENT: HOLYWELL CORPORATION FOR USE OF SOUTHERN PORTION OF SAYFRONT PARK, EQUIPMENT STAGING ETC. Mayor Ft,re: All right, Mr. Gould while you're here, we have an item that comes this afternoon, since you have to catch an airplane and it deals with, which item is it, Mr. Gary? Mr. Plummer: Number 9. Mr. Gary: Number 9. Mayor Ferre: Number 9. Now the question is whether or not and I want to put this in proper context so that we understand each other on this. Skippy, this is going to involve your DuPont Plaza Hotel, so you'd better listen. Mr. Sheppard, this involves traffic in the DuPont Plaza and it is going to effect your hotel. I talked to Mr. Gould yesterday when I came back from New York, late in the afternoon, I put a phone call to him to find out where we stood, Mr. Sheppard. He would prefer to use the parking lot that he presently owns and to shut it down and use it as a marshalling place for his equipment. Now that's going to remove, Mr. Kenzie, two hundred and what? Mr. Gary: 257. Mayor Ferre: Two hundred and fifty-seven parking spaces, so we're the ones, really, that are more interested as I sense the conversation, Mr. Gould and I want you to correct me now if I misunderstood what you said, it's the City who has an interest in keeping those 257 parking spaces alive and so what the Manager has negotiated, as I understand it, even though I personally think $3,000 a month for 8 months, which is $24,000 is rather low, on the other hand, I understand that it's going to cost, you estimated $30,000 to demolish the whatajig, the bandshell and level all that off and what have you. Now, the question with regards to the Nogguci statue and it isn't $600,000, it's a million dollars to do that whole.... Mr. Plummer: Talking about a fountain, aren't you? Mayor Ferre: Fountain, I'm sorry, fountain. No, it's not,a fountain,,J1X;rka s 'tl C'Fs statue • tiDf t Mr. Plummer: Says here fountain. Mayor Ferre: Is it a fountain? It's not a other one on the other side Mr. Gould: Sculptural fountain. fountai8' 'The faur�ta�.n' is file #� �r�_", Mayor Ferre: Oh, it's a sculptural fountain. Okay, well, it's both, it's both, okay. The question of whether or not, Mr. Gould told me that he and he's partners, Olmpia York, are net ready to make any kind of decision with regards to any kind of a donation for a fountain sculpture. He was, however, ready to advance the funds provided however that those funds be part of future taxes and whether or not we can legally do that, I don't know. The only way it can be done is to tax increment, so the point simply is, if my opinion, is the City do nothing and just lose 257 more parking spaces. Mr. Plummer: Well, Mr. Mayor, let me look down the road a little further ahead for you. As you know, I was opposed to using the Park for anything other than the purpose designed and that the Park for people. Mr. Mayor, looking down the road, if we were to accept the theory that is purported in this memo, we're speaking only today and that is, Mr. Gould would use the Bayfront Park instead of the Southeast, we would only derive approximately $3,000, but Mr. Mayor, what about when Mr. Gould as well as Southeast start using their other properties? r 50 Mayor Ferre: That was the original thing that .... t.11r. Plummer: I voted against, Sir, and I would vote against it today. I don't blink the Park is an appropriate place for anything other than people: But what I'm saying is if you are going to dedicate the use of that bandshell area it would seem logical to me that the City would go ahead and provide, I though almost 400 parking spaces is the figure I hed 'heard previously, the City would derive all the income and you would have 400 spaces during the en- tire duration of construction of Mr. Gould's Phase I, II, III and IV and South- east, you see what I'm trying to say, Mr.....? That's all I'm trying to say, that that would be to me, if you're going to dedicate the space. Mayor Ferre: Southeast ... go ahead. Mr. Gould: My purpose of this is to avoid the problem that is going to a- rise when Southeast goes to construction. We, furda,•nentally, need the spaces for parking for construction employees and would also allow us to move our trailers and that's marshall. We need to put parking for construction em- ployees. We've already lost people who are sub -contractors did not want to lose, because of inadequate parking. We're going to begin construction of Blocks 2 and 4 hopefully by March of next year. What I've done is suggested that instead of our closing Block 2 to keep Block 2 open and that we use the banshell for parking. In the meantime w,'11 be 'finishing the parking that we had in the first phase, which will allows us to move the cars of our construc- tion people out of the bandshell by February of next year and into our own garage opening the bandshell again for City parking and at that time we'll close Blocks 2 and 4 to begin the construction of our parking garage. Once the parking garage is completed, since we do not propose to build an office building immediately, your parking problem will be resolved at least for a couple of years. Now, it is very complex and 1 didn't come here, as the Viami Herald suggested, to scra::ch your back or have you scratch mine. I made this suggestion, because I don't need all the spaces in Block 2, but if I took construction workers car there as well as the trailers, then I'm going to have to close it off and fence it off and so that was the purpose of making this suggestion. I had hoped it would help in relieving part of the parking pro- blem that will exist in the downtown area. Mr. Plummer: People from Southeast have said that they have no objections, but what do I say to those people, they're going to have construction workers that are going to be working on their projects, yet I'm going to be...I, the Commission, are going to be dedicating this to your exclusive use. Mayor Ferre: Close down the parking spaces ... you know... Mr. Gould: J. 1., I have two alternatives. One is to close Block 2 and fence it off and take 257 spaces when I, perhaps, need 150... Mayor Ferre: Which we have nothing to say on, right, that he can do. Mr. Gould: Or alternatively say to you, "Look it's important to have down- town parking, we can schedule the construction of our garages to relieve some of the parking problems that you have, but in order to do that, we have to have the bandshell". And that's fundamentally what we're saying, okay, and that's what our agreement... Mayor Ferre: It's our choice. Mr, Plummer: Isn't it the other way around, Mr. Gould, that if the City were going to open parking spaces and the City was going to derive the revenue 4nd2 we opened the bandshell it would available to you or to Southeast, in fairnesge They're going to have, you know, the same problem. 51 JUN 25 ?9oi i what. 1 will sitftplify this afid l will d6 this way. Father Gibson, I move you, Sir, that the City of Miami proceed in demolishing at it's expense the bandshell in making that into a public parking area until such time as the construction of the DuPont Plaza area be finished, but to exceed 3 years...3 years, I so move. Mr. Plummer: Mr. Mayor, if I will vote in the negative, may I suggest that a part of your motion be, that proceeds derived therefrom be solely dedicated for the purposes of re -storing that area at the conclusion of your contract. Mayor rerre: I accept that as an amendment to the motion and that way we're in desperate shape that the merchants of downtown Miami are desperate for parking. That's my only concern. Mr. Plummer: Is there any area, Mir. Mayor, because even for the purposes of Mr. Gould, is there any delineation as to the boundaries of what how much area is going to be used? Mayor Ferre: The same area that you have in Item 9 on the back page... Mr. Plummer: There are no boundaries, Mr. Mayor, that's my problem. Mayor Ferre: Yes, you have it marked out and I will submit it into the record as that shell -shaped area in the... Mr. Plummer: We're speaking of this here? Mayor Ferre: Yes, sir, we are. Mr. Gould: Before you vote on that rotion, you have to understand, I have to insure that Southeast will, too, right... that there is parking available for its construction workers. Without parking available, let me just finish, which means fundamentally that the public can also park in the block, see... Mayor Ferre: Absolutely. Mr. Gould: I have to close Block 2. I don't have any choice. Mayor Ferre: I don't see any other solution, Dan. Mr. Paul: But, Mr. Mayor, there isn't an access to the parking lot, that street is closed now at Chopin Plaza. Mayor Ferre: Chopin Plaza has to be open for the purposes of access to that parking space. Mr. Paul: Well, it's closed now and it's full of construction trailers. Mr. Gould: There is an access... Mayor Ferre: I don't see. Look... Mr. Gould: And it's being used for pa&i nq now. Mayor Ferre: For us, now I'd perfectly be willing to do it backwards, if you want, I don't think there's a majority Commission vote for either one of these things, but I'd perfectly be willinq to accept the Manager's recommendation, pro- vided that he comes up with some legal device for the advance of monies, when we come to tax increment financing, if there's any way of doing that. I don't think there's a legal way of doing it. Mr. Gary: Presently we can't do it in terms of earmarking against future taxes. In terms of tax increments financing, there may be a way of doing it, but it only has to be on the property itself, so I don't see a way of.... Mayor Ferre: okay, look, I'll tell you what, let's take this step one at a time, let's see if we can get either one of these things. I will withdraw that other motion, Mr. Chairman, and I will re -submit it as a motion following the Manager's recommendation of his use of the Bayfront memorandum dated 52 uur* y:;; 0 Mayot Ferte: (continued) June 16th, let's see if we can't follow that Procedure first, if we can't follow that them I'll make the second motion: Mr. Plummer: You can't follow, Mr. Mayor, because already part of that is the fountain and Mr. Gould has indicated that he is not in accord with that, Sit, at this time. Mayor Ferre: If you read the memorandum there were 5 conditions that were placed, there were 6 conditions. One, that the existing lot presently used for public parking at DuPont Plaza remain a public parking, that's lot 2. Two, the City be paid a monthly rent commensurate with the income received from thc- lot = ed for public parking, that's covered. Three, that any development cost of Bayfront Par{, specifically the demolition of the bandshell, be paid for the developer, that's covered. That no trees be removed from the Park, that's covered, except obviously where the bandshell is. Five, that no portion of Biscayne Boulevard or Biscayne Boulevard Way be closed during construction, that's covered. Now, the only that is left open is, that Mr. Gould provide funds for the construction of a fountain, to be designated by Mr.Nooguchi, that is not covered and other than that, that one which is obviously is something that's a mood point, in my opinion, since Mr. Gould and his partner said they are not ready to comment on that one way or another, i think we've to strictly decide whether or not it is in the public's interest to keep those 257 parking spaces open. It is my opinion that it is and therefore I move those 5 points that the memorandum covers dated June lath. Mr. Plummer: And then you're also by virtue of that accepting $3,000 a month Mr. Gould: The memo is very interesting because its talks about Block 2. Our income from Block 2 which is larger than the bandshell is only $7,500 a month and the City Manager was informed of that. What they've done is they have prepared a memorandum based upon on Block 2, they've said, you know, we' should be receiving $18,000, we're not, we're receiving $7,500 and the band - shell is more, okay, so I checked and that's what the basis for the $3,000. Mayor Ferre: Mr. Gould, I'm making it that way, if you don't want to accept it, you've got the right to say that I'm not interested, I'll just close off my lot and continue on Your merry way. Mr. Gould: That's fine, we'll be pay you the $5,000 a month, okay and we'll do that fundamentally because I consider it important to the City to have Block 2 open. Mx. Paul: Mr. Mlavor, what you propose won't work is you take the fountain out it, because there's no commitment then to restore the Park to it's existing condition if you don't have any fountain, you've got no environmental controls whatsoever from the point of view of hatching ?plants or other things that the property might be used for. The Manager's recommendation is..you just can't take...when you take the fountain out of it, you've taken the entire heart of out of the proposal. Mayor Ferre: Dan, we can do one of three things, okay. We can either move this as it is with the $5,000 a month and solve that particular problem. Se- cond thing we can do is go back to the... Mr. Paul: How do you get the Park re -stored then? Mayor Ferre: Please. Second thing that we can do is go back to the motion I said that the City go ahead and build a parking lot there for 3 years and the third thing that we can do is nothing and when we do nothing what happens is that Lot � get closed down and we lose 257 and those are your choices. F53 i {d 4 e '7i s t4 4 5� 4"�,+, »t , f 4 y6t Jerre: (contir►ued) You tell to what you think is the beet, Mt, Paul- 1 think the best is to continue to negotiate with Mr. Gould fthd "see if the fountain problem cannot be solved, if you destroy the bandshell when the parking lot situation is over, something else has got to be put there and the way you've drawn it there's no commitment to put the fountain there and there's no commitment to re -store the Park, we'll be left with a wasteland. Mayor Ferre: You know what's going to happen? To follow your recommendation means that we, that Mr. Gould next week or next month, is going put a fence around Lot 2 and you're going to lose, your client is going to lose 257 park- ing spaces right in front of the Hotel, that's what you're recommending. Mr. Paul: No, what I'm recommending is that you continue negotiations with Mr. Gould, you haven't got it concluded yet, it seems to me. Mr. Gould: if you read condition #6, its says "the City, the County and we will enter into negotiations", I am prepared to continue with negotiations. Mayor Ferre: For what? Mr. Gould: For the donation of the fountain, right? As well as the fund- ing, but I need to have the parking now, all right. That parking issue has to be resolved now and just let me say one thing, this is an area that runs from the Hotel and our office building, see, and we're not under circumstances going to allow it to become a wasteland after we demolished the bandshell. You have to start being reasonable here. It's to our interest to have a beautiful area in front of that bandshell, that's in front of our hotel and an office building, okay and we will cooperate, but what I don't want to do is I do not want to make premature decisions and that's it. Mr. Lacasa: Here again, Mr. Mayor, I'm going to put in very simple way. Mr. Gould owns Lot 2, he can do, according to our system, as he pleases with Lot 2 and by that I mean that if he wants to close down as a parking lot, lot 2, he can do that. By doing so, he creates a problem for the people that uses Lot 2 in the downtown area. I work in downtown. That's where my office is. We're now moving out because of the parking problem. our clients complain bitterly that they cannot park in downtown. Needless to say, those who have to go down there and work is the biggest problem next to crime that we have in downtown Miami, so the City faces the problem of losing 200 x number of parking spaces on account of whatever action Mr. Gould, according to his right of ownership, decides to take that particular lot. The question then is what do we do about it. I am for replacing it, not for Gould, but for those who uses the parking spaces in downtown area that with the space we have avail- able, which is, unfortunately, the place of the Bayfront Park in an area where we're going to demolish the shell anyway, so as far as I'm concerned, it is simple as that. The more that we can get from Mr. Gould, the better we are. I hope, Sir, that you will come out and pay for the funding of the Nogguci Park, I do hope so, I think it's in your best interest because, actually, your development is going to be right next to it, but my problem at this point, how we do replace the 200 and x number parking spaces in downtown, which the people of the City of Miami, not Gould, needs so I'm for going ahead wi--` this motion. I second it. Mr. Plummer: Let's remember, Mr. Lacasa, that you're using a bandai.d approach to a very serious problem. Let's remember that we are talking about the re- moval of 4 parking lots very quickly. Mr. Lacasa: I can do nothing about that, Mr. Plummer, if these people are going to build the 4 lots, it is a fact of life, that they are going to have to eliminate eventually the parking spaces from those 4 lots and then we'll have to replace with it with garages and unless we are prepared here to tell you people and no ..... just a minute ....listen, I sit down here without open- ing my mouth through length discussion, hour by hour and I would appreciate it very much that when I use my right to speak, people respect it, because I never interfere with any one here. So, it is very simple, we have 4 lots that are going to be built. It is hopefully to be replaced with adequate parking facilities and unless we're ready to tell this people, "Don't build your lots", those lots will be eventually closed. Now, what we're dealing 54 Mayor Ferre: All right, let me repeat my motion then and that is that the memorandum dated Jun 16th be accepted with the difference, I want you to listen to the motion now, Plummer...with the difference that instead of $3,000, its $5,000 per month and be for S months and that... Mr. Cla-h: Mayor, may I interrupt you? Mayor Ferre: No, let me finish. And that item #5 of the Holywell letter dated June llth be deleted because it's obviously illegal and that in lieu thereof that the Manager be instructed to continue his negotiations with Gould and Olympia York for the purposes of their donating to the City that portion of the Nogguci Park that is under discussion. What's that? Mr. Paul: Environmental control. Mayor Ferre: What's that? Mr, Paul: Environmental control. Mayor Ferre: Tell me what that is, Dan, I don't know what you're _talking about. Mr. Paul: They're going to use that area to put a batching plant or for oil storage. Mayor Ferre: They're not going to put a batching plant. There is no batching plant going ... let the motion stipulate that the property will not be used for the marshalling of major material, a batching plant or otherwise.... Mr. Gould: It will only be used for parking. Mayor Ferre: For parking for employees. Mr. Gould: For cars and trailers, nothing else, no batching plants or pro- duction materials. Mayor Ferre: Limited to the parking of employees on the construction job and to trailers for the construction and that no batching or other heavy movement of equipment be done on that property, okay. Mr. Paul: And if there is no agreement reached on the fountain, there ought to be a commitment to re -store the Park to plans approved by the City. Mayor Ferre: I accept that as part of the motion that if there is no eventual commitment for the donation of a so-called N ogguci fountain sculpture that the area be re -stored into green space. Now, with those two amendmens to the mo- tion? Do you accept the 2 amendments to the motion? Mr. Lacasa: Yes, I do. 55 JUN 25 ��1 agi a s�� i��w«s`us�f �It f a7c ,sC '� 2 3 � � f �. ,.„fit t rrr-w-y- <I�n .,,.5zq t � •k�„cf ' �` '�'•a MANAGER'S RECOMMENDATIONS AS DELiNk;ATLU 1n H IlGliv— tDUM DATED JUNE 16, 1981 CONCERNING THE USE OF BAY- FRONT PARK BY THE HOLYWEL CORPORATION AS FOLLOWS: 1. THAT EXISTING PARKING LOT #2 IN THE DUPONT PLAZA AREA REMAIN OPEN TO PUBLIC PARKING/ . STIPULATING THAT THE DEVELOPMENT COSTS IN BAY - FRONT PARK, SPECIFICALLY THE DEMOLITION OF THE BAND SHELL AREA, SHALL BE PAID BY THE HOLYWEL rt, CORPORATION; r i THAT THE CITY OF MIAMI BE PAID A MONTHLY RENT IN U ' THE AMOUNT OF $ 5 , 000 FOR USE OF THE AREA COMMONLY REFERRED TO AS THE BAND SHELL/CHOPIN PLAZA AREA; . A1d.bT` tkfi. Q. THAT NO TREES BE REMOVED FROM THE PARK AREA, EX- li CEPT IN THE AREA OF THE BAND SHELL; THAT NO PORTION OF BISCAYNE BOULEVARD OF BISCAYNE Sh 7�� 7 �Lra BOULEVARD WAY BE CLOSED DURING THE CONSTRUCTION �tE PERIOD; f�ljtr�5'f>"'d 4 FURTHER STIPULATING THAT THE INCOME DERIVED FROM THE RENTAL OF THE AFORESAID PARKING LOT SHALL BE DEDICATED FOR THE ?` EVENTUAL DEVELOPMENT OF THE PARK; FURTHER INSTRUCTING THE x CITY MANAGER TO CONTINUE NEGOTIATIONS WITH HOLYWEL/OLYMPIA YORK CONCERNING POSSIBLE FUNDING BY THE DEVELOPER FOR THE CONSTRUCTION OF A FOUNTAIN TO BE DESIGNED BY MR. NOGUCHI; FURTHER STIPULATING THAT THE SUBJECT AREA SHALL NOT BE USED x) AS A BOTCHING PLANT AND THAT PARKING SHALL BE LIMITED TO PARKING BY CONSTRUCTION EMPLOYEES AND FOR TRAILERS WHICH ARE TO BE USED IN THE CONSTRUCTION; AND, FINALLY, DECLARING THE INTENT OF THE CITY COMMISSION THAT IF A COMMITMENT IS NOT ULTIMATELY OBTAINED FROM THE DEVELOPER FOR CONSTRUCTION OF THE SO-CALLED NOGUCHI FOUNTAIN, THAT SAID AREA BE RE- STORED TO GREEN SPACE. Upon being seconded by Commissioner Lacasa, the motion was passed and )pted by the following vote: ES: Mr. Carollo, Mr. Lacasa, Rev. Gibson and Mayor Ferre. ES; Mr. Plummer. rf4Y ' tti ABSENT: None Mr. Ongie: Mr. Lacasa: Mr. Ongie: Mayor Ferre: Mr, Ongie: Mr, Carollo: Mr. Lacasa? Yes. Mayor Ferre? Yes.�� xs�rrj f Mr. Carollo? la 7 t k 1' a r Yes. Mr. Plummer? Mr. Plummer; My negative vote is not of the 0OnQ@Tn Of it of a botching of a park, l vote no. Mr. Ongie: Vice -Mayor Gibson? Rev, Gibson; Yes. 56 JUN 251�t Mr, Plummer: Mr. Mayor, am I understanding that there will be further action by this Commission this afternoon possibly? Mayor Terre: Yes sir, T_'m told and repeated to Mr. Colson and to Mr. Traurig that if he comes back with a letter offering a solution that as discussed and outlined this morning, that I, as the maker of the motion, a.j, willing to re- verse the motion on the moratorium. Mr. Plummer: As long as it understood. 22. i.OTION CF INir,NT. AW UD CONTRACTS FOR BUS BENCHES AND BUS SHELTERS. (TE:SPORARILY DEFERRED) Mayor Ferre: No'..-, Co-m'nissioner Schreiber and Ladies and Gentlemen, so that you understand the City Of Viard for the 12 years that I've served as always recog^ized the presence of a fellow of gover.'rtent and we take people out of the order -+hen they come to t.;:e Cotes =fission and we've always done that, it's just legislative courtesy we have, so Co,- issroner Schreiber, we are of course, honcrefl to have you here. We know that you have a busy schedule and what itexr, are you here on, Sir? Mr. Barry Schreiber: Thank you very much, Mayor and members of the Commission. I am here on item N-S 2 on the supplemental agenda. I am here as an attorney. I am a practicing attorney with offices in the City of Miami and Coral Gables. It is my understw-iding, I represent a company called Convenience and Safety, which bid on the contract. It is my understanding that the bids were, in fact, opened yesterday and that the bids, in fact, have been reviewed and that the Convenience and Safety bid would be considered the highest most responsible bid, we would, therefore, urge that the Commission award that bid subiect to, you understand there is certain: recor.nen,dations,. 22.0 BACK TO DISC-SSION OF AGREEt'.ENT - HOLYWELL CORPORATION FOR US::. OF PARKING IN BAYFROTIT PARK. Mayor Ferre: Barry, excuse me, before ....Dan...let me make sure that we understand us this right. I don't where Roy Kenzie went. Now, it is under - intent intent of that motion under discussion was that stood that the legislati the $5,000 a month goes into the Park Development Fund. That was part and parcel of the motion, it does not go either to the Parking Authority nor it does goes, it's a rental of land, this is not for parking, I mean, it's going to be used that way, but it's construction parking..... Mr, Clark: It's the use of the lard, not rental of the land. Mayor Ferre: It is the use of the lard, so it is not going to be, it does not go to the General Fund and it does not go into the Parking Authority, is that correct. Kr. Clark: It's the Use of the land that will be paid to the City. The pity will then have to take whatever action. Y'7 v JUN ] portion of the Motion that was passedx 4 Mayor Ferre: part anc Mf'. Plummer The Motion was to restrict for renovation once it' § Mayor Ferre: Precisely. Mr. Plummer: That was of the motion. Mayor Ferre: I just wanted to make sure that the record was clear on that. Is that correct? Okay. -� 22.1 MOTION OF INTENT: AWARD CONTRACTS FOR BUS BENCHES AND BUS SHELTERS. (CONTINUED) Mayor Ferre: Okay, Commissioner, I'm sorry. Go ahead. Mr. Schreiber: At'any event, I'm here to ask the Commission based on the been_ ing of the bids yesterday to award the bid to Convenience and Safety. lieve the Manager has a report on the bidding itself on the bids. There are certain recommendations that the Manager's office has and the bid could be awarded subject to negotiations with the successful bidder on implementing those of suggested modifications, if you will. was a successful bidder and the name of the client Mayor Ferre: Your client Mr. Schreiber: Convenience and Safety. f Sir? Mayor Ferre: Mr. Schreiber: Convenience and Safety. C & S. = Mayor Ferre: C & S Corporation. For the bus shelter contract with the City of Miami. Mr. Schreiber: is there somebody here representing the bus benches? - Mayor Ferre: Now, Mr. Matter Pierce: Yes, sir. All right. You have any objections to what he's saying? Mayor Ferre: only that we'd like to join in the motion that bus benches is Mr. Pierce: — in the same category... What's the name of the company with the bus benches? Mayor Ferre: Mr, Pierce: - Bus Benches Covered. � Mayor Ferre: Bus what? r 7 ��ilxr7 .fit alf"I"N" R Mr Pierce: Bus Benches Covered. f7 �� Benches Covered. 1Ati S Y2p,t1 j Mayor Ferre: Bus „ay yl, Pierce: We were the highest responsible bidder, mayor Ferre: Mr. Manager? Gary; Mr. Mayor, at this time I'd like for Pierre. Who has been working with the bus bench and bus shelter, are itapeded to give the City commission a history of the RFP process and I'd like to made Some comments after he gives the history. .58 AN +' s"� Mf,Vierces Mr. Mayor, Commission. Several months ago bads in March and A15til the Commission extended the bid period so that it would conclude on Yesterday, The reason for the extension was that the City staff would meet With prospective bidders and listen to their concerns about the proposal specifications, which they weren't all happy with. Mayor Ferret This is our extension? Mr. Gary: Yes, sir. Mr. Pierce: Those meetings were held when but no one ever responded to the concerns mentioned. We were in the process of trying to not open bids at all, but to merely accept them yesterday and then return them unopened and bring the matter to the Commission today to get your policy directions. Those concerns still were not addressed, bids came in yesterday with some concerns still listed and asking in the negotiation process that they be addressed further. Since we were told by the City Attorney's office that we had to open the bids, we did. Mayor Ferret wait a minute. Mr. Clark, are you confirming that the City - Attorney's office instructed the administration to open the bids? Mr. Clark: Yes, sir. Mayor Ferret okay. Then you opened the bids? - Mr. Pierce: We opened the bids. Mr. Schreiber's client did come out wits the best minimum bid, Convenience and Safety, for the shelters... Mayor Ferret For the shelters and the benches? Mr. Pearce: For the shelters. And the benches was Bus Bench Company. Mayor Ferre: What's your recommendation at this point? Mr. Gary: Mr. Mayor, I think it's important to know, first of all, that we've complied with the pre -bid conference and that some issues were raised. The issue becomes the, we were informed by the Law Department, that we had to open the bids and we may be subject to lawsuits if we do not accept the bids and begin negotiation. I think that it would be in the best interest of the City to accept the bids and begin a negotiation process in order and to address the issues of concerns that have been raised by the bus bench shelter companies and bench companies. Mayor Ferret That's your recommendation? Mr. Gary: Yes, sir. Mayor Ferret All right, discussion by the Commission? Mr. Plummer: My understanding is that there are other things that you would like to negotiate and that is was the reason that you had hoped to hold the bids? Mr. Gary: Yes, sir. Mr. Plummer: What you're saying now is award the bids to the highest and best and allow you to go back and negotiate some of those points with those particular two companies on each facet. Mr. Gary. Yes, sir. Mr. Lacasa: I'm ready to make a motion. Mr. Clark: Mayor, we have a problem to this estent, if you change the specifi- cations after having solicted bids, you are not.,, Mayor Ferret All right, we understand that, In other words, the bid has to be under the same premises as the specs were, where you can't change that because 59 gg }mg 11�# C t �f S tYigxnr;Ei „ SPY i �Y 7 ��kk�x��t•+ t lY Mr. Gary: We can exceed the specs. We can't go lower than the specs. Mr. Clark: This will depend on what is gone into you and I'm not prepared.. Mayor Ferre: Well, that's something that Mr. City Attorney, acting City Attorney, you will have to, you and your department, rule on and before we finalize anything, I'm going to ask on the record, that you put your legal stamp of approval on it. Now, absent that and with that clarification, what's the will of this Commission? Mr. Lacasa: I make a motion that we award those two contracts to these two companies that came out as the best bidders. t, ABSENT: Mr. Carollo mr. Ongie : Mr. Plummer? ,. J � J1 tit I at��x.��s"��ara ,mod&�� •y�'"�}�,,�.'3.��'�"��r�.c�JF: Mr. Plummer: Yes.�� L,. .+. Ongie: Mr. Lacasa? Mr. Lacasa: Yes.��kig Mr. On gie : Rev. Gibson? .t• t.� � 5�'� } 1• h, �a�,E�'� � � ��, r� aY�,� �a?i� r� f r k �� ` §�� . Rev.Gibson:Yes. . Mr. On ie; Mayor FerretVi. a t j ,'>kt* qq M+� o.y.�a rr�r: 4 vote i r -+- .h1k�I •tS ('t�''N'TTi�%`H'�'rd�c �Pi}}k %3h��i'��"}`"��`�� '1�+¢�3rz� I�k� nBefi f d� Ikt � a 2 .t^ � � $$;�T7r�'� � N' .�ifi p S+t17�'��I �j�r� � �.;�rt1�•�j�� . S3 hk t r t t rg at t j� z r ii� t' t ��Yppp �4 'r vT t ,r S� ash uy it 4� a r pMlq. rrtS'�Q.�%r"v �fiF t 60 JUN 251981 23. AUTHORIZE AGREEMENT: 14IAM.1-DADS COMMIU`IITY COLLEGE FOR ATHLETIC CONSTRUCTION USE OF FACILITIES IN BICENTENNIAL PARK Mavor Ferre: Now, Nx . Eduardo Padron, who is the President of the Junior College. Mr. Stubbins, I'm sure that you wish all your cases were settled this quickly. All right, Dr. Padron, Vice -President of the Community College in char.I.- of the South Campus. Dr. Padron: As you recall last time, we presented our proposal. Mayor Ferre: What iten is this now? Dr. Padron: Before the Commission, that's item D and at your request, the request of the Commission, we went back and had a series of discussions with the City administration and we took this proposal before the Downtown Develop- ment Authority as well as the Planning Advisory Board as well as the New World Action Committee, the Greater Miami Chamber of Commerce and the Committee Development Advisory Board. An agreement has been negotiated with the City and I understand also that Mr. Howard, I guess has it in his possession for your cons�deratior. today. Mr. Gary: The administration wrio�cheartedly supports this project. only one concern that I have that I did not see in the agreement was the length of time which has to be decided on. 1 would recommend that we have an initial 3 years with 3 and 3 options with the understanding that any unamoritzed amount before the 9 years ici up or any given point in time, has to be paid by the City. For example, if they're going to spend... Mr. Lacasa; Is that reasonable? Dr. Padron: That is very reasonable. Mr. Lacasa : I'm ready to make a motion. mayor Ferre: Wait a minute. Mr. Gary? _ ar Mr. Gary: Yes, sir. Mayor Ferre; The option of the extension we decide along with them. Mr. Gary: You definitely have to decide along with them. Mayor Ferre: In other words, if at the end of 3 years, we want to build a cultural center there or we want to do something, we can tell them that it's over: Mr. Gary: Yes, sir. Mayor Ferre: That's condition #1. The second understanding is that we need to have a maximum offset price. Suppose they go and spend a million dollars, which I know they're not going to do, but I think there's got to be a maximum,. of how much you're going to spend to fix up that Park? Dr. Padron: We're figuring, I think, $350,000. Mayor Ferre: How much? Two hundred and fifty. All right, what we're talking about is on a yearly basis 1/9th of $250,000, okay, which is somewhat under $30,000, so that, as each year goes by if we were to cancel at the end of the third year, let's understand what we're talking about, we're talking about pay- ing $180,000 or whatever it is to the Junior College and reimbursing them, yn- less we can negotiate it out otherwise. Mr, Gary Yes, sir, ' 1"'N IM S '1 ul�; Jqq n i�.�i7 t t 3�} 1 MY. Plummer: Question, Mrs Mayor, that brings up a very interesting point which is not included in the contract. What control does this Commission eXttcise over their cost? Doctor, what I'm going to tell you, I don't think that your costs are realistic, when in fact, you're going to find out, I'm scared. You're going to find out that when pay $60,000 or $80,000 for a tennis court that you're not going to put in a baseball field for the figures that you represent. now, if I'm going to have to buy it back, I think that I should some control over for what you're going to spend. It only seems logical and then the second question portion of that is, if in fact this is going into a city park, which we eventually might either own or buy, is the City competitive bidding rules applied. Mr. Gary: Well, let me see if I can respond to all the questions that you raised. Mr. Plummer: Well, I've got more. Mr. Gary: With regard to the control, it specifically states in here that anything they plan to put into the park has to be approved by the City _ Manager. Now, I would expand that if you desire that not only would they design and what they're going to put in the park as to be approved by the City Manager, but the City Commission would also have to rule on those requests. Mr. Plummer: Well, Mr. Gary, my understanding of the wording here, is that they will only supply to you the design for approval, that nowhere in this contract is required that they must supply to you cost factors or approved by you. Mr. Gary: I agree. I'm saying ti,at could be expanded if the City Com- mission so desires. Mr. Lacasa: Howard? Mr. Gary: Yes, sir. Mr. Lacasa: Instead of getting into the hassle of controls over price cost' and getting involved into that, would it be feasible to put a ceiling up to which the contract, the City would be responsible and say that... Mr. Plummer: No, we're not responsible for a penny. Mr. Lacasa: When I mean responsible I mean the eventually that we were to call off the contract in according to our option prior to the expiration of it, we're agreed that we will reimburse the Junior College for a certain amount of money, okay, so would it be feasible to say a ceiling, $300,000. A ceiling which is... Mr. Plummer: What is their proposal? Mr. Gary: $300,000 expenditures and ceiling cap for them? Mr. Lacasa: Right. if they go over that, if they go over that, that is strictly their problem and we won't have any responsibility of provisions of an amount in excess of $300,000. Conversively, if you go under $300,000, we would only pay up to whichever amount has been spent. Mr. Gary: If I understand you, Commissioner Lacasa, what you're saying is that the ceiling for the amortization for the City will be $300,000? Mr. Lacasa: I said $300,000, whatever it is. I mean I'm not willing to go over $300,000, definitely, but if I can under $300, then we've got to go tinder $300. 14r. Plummer: What was their figure? Mr. Gary: The original figure was $240,000 to $250,000. 1 , { Y Mr. Lacasa; Let's put that, $250,000, 1 ' . 62 JUN 251981 K _ air I I rt e 3 I4is, !,r _ .� � L M t t6tte : Ali tight, is thtte a ` ►oti n r " r; Mt, Plummer: Wait a minute.DisagreeMent. Mt. Gary, page 1,`Purpose, I find problems, "the use of the playfields by the College shall be on a exclusive basis. non- The College shall provide the City a schedule of the hours". Now, I say to you, we should insert the word "for Commission approval". Non- exclusive could mean that they could have the use of that without any this Commission say of for 23 hours a day. I think that they should supply to us a list of what they're going to use and we will approve.,. Mayor Ferre; On a yearly basis. Mr. Plummer: On a yearly basis, is fine. Mayor Ferre: I frankly dcn't want to be loading up this Commission's time for approving the schedules... Mr. Plummer: Fine, Mr. Mayor, I would accept that be submitted to the Manager and not to us for the Manager's approval. Mayor Ferre: Okay, Mr. Plummer: The other point that I have and not addressed in the contract even though it is indirectly is under item 19 and nowhere in this contract does not speak of concessions, yet in item 19, it says "they cannot transfer a con- cession". Mr. Clark: Says "does not grant", Mr. Gary: ho,it says "can't grant", not transfer. Mr. Plummer: Okay, but the title of the 19 is "assignment", okay.' Mr. Gary: They cannot assign. I understand what you're saying, but in essence, I think that the Attorney can vouch for this, is that we're saying that they cannot assign the agreement, number 1 and that they will not be granted a concession right. Mr. Plummer: Okay, so it's understood and I think that he may be clean up the language for my benefit, that there shall be no concessions on their part that if there concession it will be through the regular City's process of concessions. Mr. Gary: Yes, we can clarify that for you. Mayor Ferre: Eduardo, I want to make sure, because I see this drawing that ycu have a softbaii field down towards the south end. There's a berm that goes thrc:,r:;:, there and then we have parking, you aren't going to touch that, I would assume. Mr. Plummer: It's part of the use agreement, that they cannot. Mayor Ferre: Okay, I want to make sure that's clearly understood that they aren't going to tamper with the il,.tle parking that we have along the water edge there. Okay, what else do we have? Mr. Plummer. No, sir, that's the only two. The only thing that I have that is not a major problem, Mr. Gary, the College shall not permit any signs or ad- vertising matter to be constructed on the premises. Now, to what extent, for example, if they want to put up a scoreboard.., Mayor Ferre: That's not a sign. Mr. Plummer: Well, but most people go out and get Coca-Gpla tout it for then, and of course, coke cola reserves a right to sell Qoea=eola, p talk about it now to what extent are we're go�nq to allow not allow what they are going to do or not going to do. 63 1ti1V—t3}� ttsi�l Mi,'dary.. Mr. commissioner, I think it would be appropriate for the City a6 t►ission to leave itself the flexibility to make decisions on significant inattors of this nature at later time. Right now, it doesn't permit any signs, ary scoreboards or anything. Now, when they come back with the plan, if they have a scoreboard, then the City Commission can deliberate on that matter at that time. Mr. Plummer: Fine. I'll move it, Mr. Mayor. Mr. Clark: Mr. Mayor, we would have some problem with the cancellation time frames, there's a conflict, one place it refers the 31 and one place refers a 90, we would like to clean that up and we would also like to insert an expressed provision that the ownership of the improvements will vest in the City... Mayor Ferre: That's fine. Mr. Clark: No, it's not in the copy I have. Mr. Plummer; Well, it sure is in the one I read. Mayor Ferre: Didn't the Law Department prepare this document? Mr. Clark: We received it this morning. Mayor Ferre: Well, let's do this way, what we're in effect doing is passing a motion in principle that encompasses all the things that have been discussed this morning and you come back with a formalized resolution. Are you there? Mr. Clark: Yes, sir. Mayor Ferre: In other words, you clean up all the legal language about where the ownership lies and whether there's a 30 year or 60 day conflict, you know, conflict and what have you. So, as I understand it, that's the motion. Lacasa moves, Plummer seconds, further discussion? Mr. Plummer: Shouldn't we ask the question about maintenance? Is that under- stood? Mr. Gary: It's in there. Mr. Plummer: Maintenance. Mayor Ferre: It's in there. They're paying the maintenance."t C)� J Mr. Plummer: Well, .. qy 4 td Pok ' Mr. Gary: And the lighting.! t � � Mr. Plummer: No, there's no lighting. Mayor Ferre: Yes, there is. Mr. Gary: In eventuality, they would havr to pay for the lighting. Mr. Bill Harrison: Mr. Plummer, in the eventuality, as their programs progress, if they are able to go to the night situation they would install at their sole cost expense any kind of lighting and pay for those utilities in the eventuality that were to occur. Also, yesterday I received back from the College a draft of this agreement where there were some minor changes to the agreement... Mr. Plummer: Of this agreement? Mr. Harrison: Yes, sir and obviously it wasn't possible to have that final re- draft back to you by this morning... Mr. Plummer: So, then they understand that those other points... Mr. Harrison: Well, what we're asking you to look at now for an approval in principle of what we're trying to accomplish and we will have a final. reeolution JUN 251981 l 0 OWL 3 .0 c t 32 �i1i Sk, ��2n ,,Art KaLrtison: (continued) for you: 'Mr. Plummer: All right, Mr. City Attorney, on Item 5 "All improvements trade br installed by the College , portable bleachers excluded, shall become the Property of the City upon the expiration of this agreement". Mr. Clark: I understand that. There's a question about tile, there's a question about when the improvements are made and who they belong to. - Mr. Plummer: It says they're owned by the City. Mayor Ferre: Further discussion, call the roll on Item D. The following motion was introduced by Commissioner Lacasa, who moVed its -idbption: MOTION NO. 81-558 A MOTION APPROVING IN PRINCIPLE MODIFICATIONS AND PRO- POSED AGREEMENT WITH MIAMI DADE COMMUNITY COLLEGE FOR THE CONSTRUCTION OF RECREATIONAL FACILITIES IN BICENTENNIAL PARK; STIPULATING THAT THE PRECISE INTENDED USE SHALL BE F REPORTED TO THE CITY MANAGER PRIOR TO THE SIGNING OF THE AGREEMENT AND DECLARING THAT NO CONCESSIONS SHALL BE PER- MITTED ON PORTIONS OF THE PROPERTY USED BY MIAMI DADE s, COMMUNITY COLLEGE. 7i Upon being seconded by Co::-nissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. � �3 _ ' s t i s } ,'✓"h Ix C f yj+ I.t �iEtl��'} Mr. Ongie : Mr. Lacasa? Mr. Lacasa: Yes. g Rev. Gibson? Rev. Gibson: Y��t�ra=�� Mr. On e:t��°��'�is Mr. . Plummer? sih A 4v4 f 3 k� �M ! i g N.r. Plummer • Yes Mr. Ongie: Mayor Ferre: Mayor Ferre? Yes. 23.1 CONTINUED DISCUSSION: HE'1IS HERIC CONGRESS OF LATIN CHAMBER OF COM.XERCE. Mayor Ferre: Plummer? Kr. Plummer: Mr, Jim Reid Mayor Ferre: okay, 41 and 14, which ties in, is that what you're saying, 41 has been approved. Yes, yes, 41 has already been approved, Could I comment on that, Mr, Mayor? Yes, sir, you may. 65- -- _ tr_tdr'h i EN J u� �'te t r �� T ] ke dt 41, on Item 41 the CdMission on its list meeting agreed to fiAtdh up to a $100,000 with respect to fund raised by the Latin Chamber. what they're seeking is to remove the match from a portion of that agreement and so that it needs to be, it is not simply a confirming resolution, there's a sub- stantive item to be discussed. Mayor Ferret In other words, what they're talking about is that they're not satisfied with 41 as approved, they're asking for the $100,000 to be totally unmatched? Mr. T:�id: What they're asking for, Mr. Mayor, is they are ready to hatch the first $35,000 for the Congress, they're ready to match that. In terms of the $65,000 for the permanent secretariat, they're asking that the full amount be provided only if the County rejects a request to put in 50% of it. Mayor Ferret Only if the County rejects? Mr. Reid: That's right. Mayor Ferret I would put it the other way around that we would proceed provided the County matches the $50,000. Mr. Reid: What they're seeking, number one, they will go to the County and seek a match that -they want the ability to create the secretariat regardless of whether the County matches or not. Mayor Ferret But what's going happen, of course, as you understand, is that the moment that you pass that one way or the other, there's going to be no incentive for the County to match. Mr. Reid: I'm just saying their position, Mr. mayor. Mayor Ferret I understand. Well, what's the will of the Commission on that item? Mr. Lacasa: Mr. Mayor, the question is that we are funding this project, be- cause we feel the activities is necessary for the City of Miami.. We hope that the County, as they have done in other situations, will match and will take the burden from us. However, we should go ahead and fund it, because otherwise we will be conditioning the whole activity to the whim of the County, so we have other affairs with the County and I think that the Latin Chamber of Commerce will have an effective lobby with the County to help us share the burden of this, but I don't want to condition one thing to the other, because it would put in jeopardy the whole situation, so I'm ready to move that we approve it under those basis. Mayor Ferret All right, there's a motion, is there a second? Mr. Clark: Mayor, may I please clarify.... Mayor Ferret Wait a minute, I want to make sure that we have a second, then you can clarify it. Is there a second? All right. Now, clarify. Mr. Clark: At the meeting of the Commission on May the 28th, there wasone of two agreements submitted to you. One of them was the Second Hemispheric Con- gress, the other one, which was not submitted to you, was the one for the per- manent secretaariat. When the representative CAMCOL came before you, he went into the area that he found that he felt he had to and went into areas about the permanent problems that they were going to have with the secretariat. At that time, Commissioner Lacasa indicated that the, made a motion, $65,000 for the permanent secretariat would have to be on a matching basis. Now, we prepared a resolution formalizing that motion, since that time, they have come forward with two separate agreements, which would involve the $35,000, they're willing to match that and the $65,000 they want to go with the County, so you have be- fore you and you passed this morning in the Consent Agenda, you passed the for- malizing resolution. What Mr. Reid is now addressing your attention to is this second set of two agreements. Mayor Ferre: And that's what the motion was dealing with, 0 it tw� r^ 1 '. -1,1 �.�. Mr a "aiN : ---- - , The motion that was made by stir, lacasa deals with the pei�itai�et�t Mayor Verre' question of the County matching and With secretariat with the City 0 with the Will With Pro- the assurance of the City tha�if roceed,unty does not match, the City vide the full funds for them p Mr. Clark: All right. Mayor ferret That is correct and that's your seconding mtion, is the right? Any discussion? Call the roll. THEREUPON THE FOREGOING MOTION► duly introduced by Commissioner Lacasa and seconded by Commissioner Plummer was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando a TheodoreR. Gibson Vice -Mayor (Rev.) Mayor Maurice A. Ferre . j . 5 „� k a ytS�z v�,i tu5 e`� ��5�s .fi. 3�r;t t �i'€i � .€�Usa•r' �,�£ rai»j7REt,.`s+ze(�fi'a,—a..i 'w d'�'�'"ytrf�rs++Y!°i'. 23.2 ZONING VIOLATIONS AND Ir'PROPER USE OF PUBLIC RIGH-OF-WAY - 3500 PLAZA AVENUE, COCONUT GROVE• All right, let's take ... what about E? Can't we proceed with E Rev. Gibson:Manager. here? All right, let's take E, Mr. and get rid of the City people Mr. Mayor, I'm sorry, Vice -Mayor Gibson, we have before you an Mr. Gary: ou for discussion. We have recently given yc" item that was requested by y we're talking about 3500 Plaza Avenue, Coconut Grove .... and reps ringdeals motor primarily with a violation by a Mr. Moody who has been storing of a use permit on R-1 Zoning District. We have before vehicles in violationfor George Knox which informs y that you a memorandum signed by Mr. Bob Clark this matter is before the Dade County t Cr ndiminnormally the trial al court and an rwillebe scheduled on July 7th with regards to this approximately two weeks after the arraignment date. Now, I have asked pursuant to a request by Commissioner Gibson, to have before the City Commission members of the Fire Department, the Building and Zoning 00 PDepartment and. the Police Depart- ment to discuss the issue surrounding Mr, plummer: Let me tell you something, Mr. Gary. I don't agree with your memo and let me tell you why, you can take an owner of property to court A hn t the property that he owns, but I don't see the Court action in fact dealing Now, to public right-of-way which we have every right to go in there and clean• 6'7 JUN 251981 t jt s 3 Lj !i ji .uY Mr. plumers (continued) one, it's two separate actions. Yes, the Court will address the problem of him violating the p-1 in operating of a business, but let me tell you something, I don't that the Court in any way deal with some- thing he doesn't own and we shall deal with it and I don't know of any reason, that is far as I'm concerned, that you can't do what this Commission asked you the first day you were appointed to go in there with your little trucks and tow them out of the public right-of-way. That's not owned by him. Mr. Gary: Mr. Commissioner, let me have Vince give you what our strategies are for this problem. Mr. Vince Grimm: Members of the Commission, Mr. Moody has assured us that he is moving his operation out of there that he has got a small business loan and is in fact moving all of his cars. To assure that this happens we have that street barricaded off taday, temporarily and if necessary we'll barricade it off permanently. Rev. Gibson: Mr. Mayor, I'm going you're back to presiding. I want the Building Department to give us their side of the story and I want the Police Department their side of the story and I want Sanitation to give us their part of the story, because I want to Lell this Commission, neither one can give them a true story that will hold up. Let me lay =e predicates. Months ago, I have these Departments to come out in the Grove. I showed them the violations. I want to tell you, I have no problem with the Police Department... Mayor Ferre: Father, let me interrupt you for a moment, because I don't think' there's any way that we are going to get to these other agenda items. We have to have something to eat and we have to get back in session at two, so we're going to have to, this will be the last .item that we're going to have to take up this morning. We'll have to break up for an hour and then, we'll pick up where we left off. I'm sorry for the inconvenience unless somebody wants to tell us that we can't eat today, other than that, I don't see any other way of doing this. Either we don't have lunch or we break up and reconvene at two. Mayor Ferre: ...There seems to be confusion as to my instructions. Perhaps we need a motion through the Commission to... Mr. Gary: Who did you ask? Mayor Ferre: Let's not get into that. Food has not been ordered, Howard. So there's... Mr. Gary: I can get it ordered. Mayor Ferre: It's too late now. It's 10 minutes to 1. We've got to be back here at 2:00 o'clock. You know, in the future, we'll do it with a motion of the Commission and get it straight. Anything else? R- JU.P; `'5 1C8� 24. DISCUSSI0V., ITIIi: 111PROPER USE OF RIGHT-OF-WAY 3500 Plaza Avenue Mayor Ferre: All right, let's proceed with item "E". Go ahead. Mr. Geraldo Salman: My name is Geraldo Salman. I am the Building and Zoning Director in the City of Miami. In February, 1981, we issued to Tony Moody , 3515 Plaza Street, Miami, a violation notice. We sent him a letter on February 3, 1981, which reads, "According to information available to this office, you are the principle tenant on the above described property. Inspection by personnel within our division revealed that this property and the adjacent street are being utilized for the repair and storage of vehicles in violation of the City of Miami Comprehensive Zoning Ordinance, 68-71, as amended. This ordinance prohibits the use of residential premises for such purposes. This letter will serve as formal notice that all work must cease, and all vehicles, materials, and equipment removed from the premises, and adjoining street and sidewalk at once. Your cooperation in this matter will make it unneccessary to refer this matter to the City Law Department for further action." Mr. Plummer: What was the date of the first one? Mr. Salman: February 5, 1981, February 3, 1981. Mr. Plummer: Approximately 4 months ago. Mr. Salman: Yes, sir. On April 27, 1981, there is a memo from Milligan, Zoning Inspector II, to Laura Tindell Howard, Chief Zoning Inspector. It says, "On the afternoon of April the 24th, 1981, I had the occasion to drive by the premises of 3515 Plaza Street. Several people were there talking and laughing. I decided to stop and ask for Tony Moody. He identified himself and I talked to him about the problem and illegality of working on cars on his home premises and in the street. He said he would stop and remove all cars from the front of his house over this weekend, April 24, April 27, 1981. I said we would be a reinspection in the middle of next week." May 1, 1981, there is... there is a memo from Milligan to Laura Tindell Howell, it says, "On April 28, 29, and 30, 1981, I observed the above described premises located in Coconut Grove. " He's referring to the same location of 3515 Plaza Street. "and also 3610 William Street. No auto repair was observed at any time either in the vacnat lot or in the streets. In addition, on April 30, 1981, the lot was observed to be empty of all vehicles except for one small van VW type. Also, the lot was being staked at a sign posted in an effort to prevent trespassing. At present time, the current violation has been corrected." There is a memo... Mr. Plummer: When did you file the law suit here? 69 If* 8alffAn'. The law suit was filed recently. d June, 1981. -- `Mt, Plummer: The question I have to ask is why between February whatever that date was, did you wait until the 23rd of June to file a law suit? Mr. Salman: Because on this date, Milligan informed us on May 1, 1981, - that the ....it says, repeat again, "No auto repair work was observed at any time either on the vacant lot or in the streets." So at that time, the violation was not existing anymore. - Father Gibson: Mr. Mayor, mebers of the Commission, let me tell you something, I'm not saying anybody isn't telling the truth. But I want to tell you this, that the violation that I brought to the attention to the City of Miami has been there all. these months and years. Now, contrary to what is being represented here, I'll tell you what, when I got an - answer...I wish my assistant was somewhere around, I got an answer that the people informed you all that the property was theirs. They are tenants. They are renting. Mr. Salman: Mr. Mood%. Father Gibson:' The people who are doing all of this do are tenants. Even the landlord is not satisfied. Let me tell you something. Want I want to inform this Commission of is those tenants that you think are so dumb are smarter than the department. And I don't understand why the department hasn't gone to the Legal Department of the City to find out. They don't own the property. I know who owns the property. Part of the family are my members. All of the people in the neighborhood have been complaining. I'll tell you what this Co --mission ought to do. I said this to you before. Go out there and ride and see the holes in the street, go out there and ride and see how all that oil and everything else is all over the street. Go out there and see all those cars parked in a residential area. You wouldn't let that happen in no other area. Don't let me accuse you of what I think is wrong. And I say to this Commission, we ought to demand that the Manager get immediate action or do the other thing. I can't do nothing to you, but I dog gone sure can do something to the Manager. And I don't want another 24 hours to pass. Mr. Salman: Sir, we asked Ken Harms to help us... Fathter Gibson: You asked who? Mr. Salman: Kenneth Harms, the Chief of Police for the City of Miami, through a memo and this is the answer: "This response is in reference to the memorandum forwarded to you from Geraldo Salman, Director of Building and Zoning Insepction Department, dated May 20, 1981, addressing the following violation. First, cars being repaired on the property of 3500 Plaza Avenue as mentioned by Mr. Salman's correspondence. This item is being handled by the Sanitation Department. They went there and tagged the cars that were in sight." That's the proper procedure. Sanitation tags the car, ten days later, Sanitation hauls the car out. "Second, cars being repaired on the right of way along side of the nroperty, as a result of Mr. Salman's request, the Enforcement unit officer will be assigned to take action to alleviate item number two. The cars in the street are tagged by the Police Department, and they are removed 24 hours by the Police Department. So we did what was in our power to do. Now... Father Gibson: Let me say to this Commission... Mr. Salman: May I continue? Father Gibson: Yes, sir. Mr, Salman; As of today, just a while ago at 9;45, Chief 8roslow informed me that cars are being towed away from the right-of-way by tho lessor, by Mr. Moody, I assume. 70 ':Mi. datyt Gerry, excuse fde► Hold bb for a seeotd. Mt. Maydt, G�fitini5sioner Gibson, I've just completed a conversation with Chief Breslow... Father Gibson: Moved from... Mr. Gary: The problem is that this guy appears to be a little smatter than we think. Father Gibson: No, no, no. Smarter than the department. Tell it the Way it is. Mr. Gary: Yes, smarter than the department. father Gibson: Heck yes. They have more sense than the department. With all of the money we put in to that department. Go ahead. Mr. Gary: Commissioner Gibson, we have given this gentleman a warning yesterday... Mr. Plummer: No, in February. Mr. Gary: I can't talk... this is my administration now. We have informed him that he is in violation and we will have regular spot checks on a daily basis. The minute he puts that car on the street they will be towed away. Okay? Now, I've just been informed that he's still smarter than us. After we gave him the warning, he took the cars and he's now putting them on the private lot, which means we have to deal with the court issue of the zoning. But we can guarantee you within the law, we will check him every day and if the cars are on the streets, the cars will be towed immediately. Mr. Plummer: Well, let me ask you this question. At the same time Father has been bringing this up, I want to ask you once again about Miami Court and 13th Street. I keep bringing that one to you. And that guy today has more damned trucks and cars on the street reparing them than you can shake a stick at. I went by there the day before yesterday, and I had to sit there for 10 minutes until they got the cars out of the street, and they defied me to go by. I've asked about that one. No body does anything about that one. Mr. Gary: We will also check that out, Commissioner Plummer. Mr. Plummer: What's this mans name? Tony what? Mr. Gary: Moody. Mr. Plummer: Tony Moody. Is he available to be City Manager. Since he's smarter than the Manager, I want the best man I can find. Mr. Gary: My dear Commissioner. Mr. Plummer: Yes, General, what is it? (LAUGHTER) Father Gibson: Well, I just want the Commission to know that I'm not at all satisfied with the performance of any one of the departments involved. I want that for the record. Mr. Plummer: Father, we'll send them a copy of a sign in my office that maybe they need to learn to live by, "the only way to measure ability is in results." Father Gibson: They go out there today, and then the Police Department nor the Building Department won't come for another week or 10 days, and all that time, the people, the violations go on. Just like you could be vigilant over a dope ring, you could be vigilant over that. They can't be that much smarter than you. And I say under oath to this Commission, that those people are dog gone smarter than all of the departments involved. The fact remains they continue to do it and get away with it. The people in the neighborhood are complaining. 71 t C*r Mt. Lacasa: We need a motion, Father to... Father Gibson: We don't need a motion. The next time I come here, I'm going to offer another kind of motion. Mr. Gary: The matter will be taken care of. Father Gibson: I hope you understand, my brother, the next time I come here I'm going to offer another kind of motion, and I'm not going to... Mr. Grimm told my assitant, well you know, they said this is their land. That's a lie. They're renting from the Allen's. You ought to know that, you came up in the Grove. And you shoulnd't let them victimize the department by lying. They don't own that property, the Allen's own that property. Now, refute what I'm saying. I think it's a serious indictment against the Building Department. Mr. Plummer: General, do you get the message? Mr. Gary: Yes, sir. Mr. Plummer: Are we now in adjournment for lunch? r� Father Gibson: All right, lct's come back at 2:00. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at: 1:00 P.M., reconvening iR�k at: 2:00 P.M., with all members of these Commission found to be present. 25. PLAQUES, PROCLAMATIONS A1TD SPECIAL ITE.*_S M Presentation cf*a Proclamation to Rabbi Sol Landau for his distinguished career which has spanned more than 30 years and for his dedicated and Miring work an.bWw1f -of the citizens of this city. - rr Presentation of a plaque to Dr. Emanuel M. Paper 3n gtatefLY aclmowledgement and profound gratitude for his outstanding. contribution as Dean of the University of Miami School of Medicine and Vice President of Medical Affairs on the occasion of his Tetirement on May 31, 1981. Presentation of Distinguished Visitors Scrolls to Mr. Felipe Hernandez Olvera, Secretary General of the Sinditat6 de Trabajadores Petroleros de la Republica Mejicana (STPZf) and Mr. Florencio Orozco Marquez, Treasurer of the STPRM. . Presentation of a plaque to W. Harry Perlman in appreciation of his 31 years of dedication and commitment to the City of Miami's Department of Stadium and Marinas. Presentation of a Proclamation to Father Jerry -Shaw, of Biscayne College, and Carlos P€rez, of the Boys Club of Miami, designating the week of June 29, 1981, as YO[TIH LEADERSHIP WEEK. 26. PERSONAL APPEAP.ANCE: DEAN PAPPER REQliESTING .LATCHING FUNDS FOR PAID A11ERICAN WORLD TRADE FAIR Mayor Ferre: Dr. Papper, if you would go to the microphone, perhaps you and I can share a little disucssion here on the issue. Some months ago, Dean Papper and others in the community came with the idea that we should have a Pan American Health Conference in Miami, which is similar to or parallel to the other banking conferences, sugar industries conferences, trade fairs, Trade Fair of the Americas, Chamber of Commerce meetings, and the other such meetings that we've sponsored in Miami. Dean Papper because of his many years of knowledge in the field of medicine, especially in Latin America and the Caribbean, consulted with some of the ministers of health and people that were involved in the health and education fields that he knows throughout the hemisphere, and thought that this might be an appropriate thing for Miami to do. Letters were then written to the Pan American Health Organization based in Washington, and an invitation was tentatively sent to the Secretary General of the Pan American Health Organization. And he acknowledged and accepted that if such a thing were done, it would meet with his approval and his cooperation. Time is beginning to run out on us, and I've been kind of waiting, Mr. Gary, for the budget to be further along, and in hopes that when we conclude the whole issue of the Trade Fair of the Americas, and the grant that we have for $250,000 from the State, and the other things that are invovled in that whole process, that we might include this as a portion of that. Certainly I don't think anybody could deny that the Jackson Memorial Hospital facilities, University of Miami Medical School and the other medical centers in Miami are one of the twain reasons why we get hundreds of thousands of people coming to this community for medical health. And indeed, I think we're beginning to rival Houston and other medical centers as a place where people come to get treated and to be cured. And it would certainly seem appropriate that we in the Commission would support that. So therefore, Mr. Manager, after Dean Papper addresses the commission, I would like to request, or I would be happy to offer a motion that the tentative budget that they have proposed, those $60,000, that we, along with the County,match that on a 50/50 basis, as part of the trade fair cycle of things of which the Made Fair is one, but of course, we are involved in others. When that comes to, hopefully, a happy conclusion. Dean Papper. `73 j'H �4 hJh-.7 h z+.1'�t fat f d �x Ri rt m h x s i a1 i t spa h a Itidnt7"10ceid a Al �9}„ '- MV # $ean papper: Mr. Mayor, members of the Commission, Mr. Gary, ladies and gentlemen, I will be very brief because it's not in my mind, at least, a controversial thing to want to do good to help the health of both our part of Florida and of the Americans who are our friends and neighbors. I would like to, however, stress the economic importance of the health care industry and what this kind of trade fair would mean to Miami, which is a natural gateway between North and South America, much more so than Houston is or New Orleans. The health care industry nationally is second in economic power. Second to defense. Most people don't realize how important an economic course it is. In our community it is third ranking in importance, economically. And I would urge, your honor, and gentlemen that you approve the Mayor's request not solely on the basis of humanitarianism for good health because that's not controversial. But because it will bring industry. We will have a commercial park to it, of both exhibitors in Latin America as well as in North America.We/11 have health care industry people represented. They will, of course, provide the major support in one way or another for a program and it will create indsutry attraction to Miami. It will create jobs for our people of all 4 persuasions, black, Latin, Anglo and Jewish, without discrimination depending upon their abilities and their training capabilities. I see no reason why you shouldn't happily go along with a modest request which can only make Miami a more important center economically. Mayor Ferre: Thank you, Dean Papper. Any questions? All right. Mr. Lacasa: I'd like to make a motion, Mr. Mayor, that this be awarded as requested. Mayor Ferre: The motion being that the City of Miami would match Metropolitan Dade County up to $30,000 for a total governmental portion of the total budget of $60,000. Mr. Plummer: That's within the parameters of the World Trade Fair? 74 Urfa s r i i i " c LOWING ROLL CALL: MAYot Ferre: Thank you, Dean Pappet. Dean Papper: Your honor, thank you for the unanimous confidence and that can only be helpful to all of us. Mayor Ferre: Good luck, and we look forward to working closely with you on this. 27. RECEIVE AND OPEN SEALED BIDS: MANOR HIGHi:AY I:iPROVE:IENT PHASE I (H-4465) Mayor Ferre: .All right, it's 2:30 and we have a sealed bid which is NS 1. Is there a motion that the sealed bids be opened? Father Gibson: Move. Mayor Ferre: Is there a second': Mr. Carollo: Second. Mayor Ferre: Seconded by Carollo. Further discussion? Call the roll. This being the date and time advertised for receiving pealed bids for Manor Highway Improvement Phase I (11-4465), the Mayor announced that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 81-560 A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED z. TO BE RECEIVED THIS DATE FOR: CONSTRUCTION OF MANOR 3 HIGHWAY IMPROVEMENT PHASE I (H-4465) 01, �! Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: u 'g- AYES: Commissioner J. L. Plummer, Jr. 1 ? T r Commissioner Joe Carollo Commissioner Armando Lacasa . Vice -Mayor (Rev.) Theodore R. Gibson 1 "� Kt {niz" nN S y SF k , Mayor Maurice A. Ferre y d N4+ "S: None �* - AMNT; NoneAAA CONTINUED ON NUT FAG�� p1l y�' e�'t'R4i� r� ��b3,.? a kN JUN 25 1581 gg Igi,R,` i c1r {I o�� ME �.e�3y:fl f�r7xyw lhy5 1.{ 'ltY S Russell, Inc. ftedland Construction Company, Inc. P. J. Constructors, Inc. Golden Eagle Engineering Contractors Garcia Allen Construction Company, I P.N.M. Corporation MIRT Construction R.J.L. Trading Company b.M.P. Corporation CN ROLL CALL. Mr. Plummer: I only for the question, Mr. Att0rhey,"ean We open bids on a non-scheduled item? Mayor Ferre: It's scheduled as NS. Mr. Plummer: That's Not Scheduled. I, of course, will vote yes if you tell me that we can't accept bids on a non-scheduled item. I just question the legality. Mr. Clark: There's no prohibition. Mr. Plummer: I vote yes. Mayor Ferre: This is the opening of bids. Item NS I. Which you all have in your supplementary packet. I've got NS2, NS 3, I don't have NS 1. Nobody seems to have NS1. Mr. Gary: All you have to do is open the bid. Mayor Ferre: I know, but I want to know what we're opening bids on. Mr. Plummer: It's construction of Manor Highway Improvement Phase I. Mayor Ferre: I want it properly done. I want to have a copy of NS1. I know it's a non -controversial item. Mr. Gary: There's no backup. Mr. Plummer: Well, is there ever a backup on receiving of sealed bids? Mr. Grimm: No, sir. Mr. Plummer: I didn't think so. .Mr. Grimm: We don't know who they are. The City Clerk will open them... Mayor Ferre: Okay. Technically, Mr. City Attorney, are we all right in doing this? Mr. Clark: Yes, sir. Mayor Ferre: In other words, what we're doing is we are opening up bids for the construction of Manor Highway Improvement Phase I. Is that right? � t gg` i r E * 4 l{6 . "'i A l N 3 1� z 1 N j -A r Ei7^I y t f i�55 ,I T 1 s n r t r - i_ 23. 7TH YEAR COX.NN LAITY DEVELOPlIEi•iT FUty- S : ALLOCATE FUiiDS , ETC. ALLAPATTAII TEMPORARILY EXCLUDED Mayor Ferre: All right. We're now back to the morning agenda which I think we had items "F" and "I" where people were here on. Let's see if we can do those, and then, Mr. Frates, we'll take up the FEC matter, hopefully, very soon. And we need to now go to item "F" which is discussion of the 7th Year CD budget. Mr. :Manager. Mr. Gary: Mr. Mayor, at the last City Commission meeting Commissioner Plummer requested that the matter with regard to the allocation of 7th year CD funds be brought back for consideration by the City Commission. I would like at this time for Ms. Spillman to give you an overview of the process as well as what has been allocated. Ms. Dena Spillman: Good afternoon. Father Gibson: Good afternoon. Ms. Spillman: This involves items 11, 14, and 15 as well, as Commissioner Plummer has already pointed out. To bring you up to date, you've already passed the appropriations ordinance for the grant. You instructed us at the last meeting not to expend any funds until the total package was brought back to the Commission for your review. You have before you the application as it was submitted to HUD. You also have a description of all the projects involved in that application attached to your memorandum. I would like to inform you that the application has been approved by the U.S. Department of Housing and Urban Development, and it is essential that we get a release of funds today so we can proceed with the program. Now, I'd be happy to answer any questions for you on specific projects if you have them. Mayor Ferre: All right, are there any questions? Mr. Plummer: Mr. Mayor, I have read with interest, and I want to say that on its surface, the program is a good program as we voted for before. I merely am going to raise only one question, and I'm not going to raise it in objection. Mr. Mayor, that program which is before you today came before a great deal of whether you want to call it adversity, tragedy or what, came about from Washington in announcements that this City, among others, are going to be very hard pressed for dollars, namely social service dollars. Now, a great deal of money in this particular program are dedicated to social services. And all I'm saying is that budget is around the corner, and budget time has got to be remembered when we're faced, automatically, regardless of what this Commission does, with the loss of 1,000 CETA workers, anywhere from 300 to 700 permanent workers. I think we have to somewhat sit back and recollect what we're here for. And we have to put in to priorities what are the needs of this community. Everybody has their need, and everybody has their program, and everybody feels that their program is the best. But we're sitting here charged with the full responsibility. The only thing that I have any problem with in this total package is their are new programs. It was my understanding that there would be no new programs. Mayor Ferre: Other than elderly services. Mr, Plummer: All right, sir. Well, I saw that one, and I have a real problem not with the program itself, but the fact that that was one that Metropolitan Dade County, I believe, had funded in the past and dropped into our laps by saying we don't have any more funding, go see the City. They've been doing this quite regularly with a number of programs, and the City has had to pick up the slack. But I'm happy to see in the audience a lot of concerned people because their programs are at stake. And I think what really needs to be said is that the approval of this 77 �Z }Jk:� R2' 1 k- iY lt i i� n s #ter t � � y Y J,-;i��'?',I�j "' i `n suq'.y.,� 0 IN I 5j `� , R 'err. Plutthet (continued): program today, from the looks of everything that l see coming down the pike, is the last go round. This is your last year of funding. So, I think you better well understand that this City is going to tighten its belt and tightening its belt means tightening your belt. So, that's the only reason, Mr. Mayor, I wanted this matter to be brought back to everybody's one more look at it. There's a lot of areas in this thing that could be cut but it would take going back and redoing the application. And any time you do that, you put it in jeopardy. So, all I'm saying is to all of the people who are recipients of dollars in this program, it's not automatic. Mayor Ferre: All right. Is there anybody else who wishes to make a comment, and if not, are there any members of the various CD boards that wisl^ to address the Commission for any purpose? Mr. Plummer: Mr. Mayor, I only have one particular area, Dena, that I want to ask a question in. Which item is this? This if "F"? Where is.... is that in the supplemental. Ms. Spillman: 11 and 14. Mr. Plummer: Well, I can ask the question without going to the papers. Pena, I noticed in the program that there is a Day Care Program, and I noticed an awful lot of dollars delegated to that program. Which program is that? Ms. Spillman: There's 2 day care programs. Centro Mater is Day Care. Mr. Plummer: How much is that? Mr. Spillman: That's $64,000. Mr. Plummer: The other one? Ms. Spillman: The Catholic Service Bureau, Little Havana Day Care Program at our Community Center, and that's $69,500. Commissioner, I'm sorry, there's one in Wynwood... ' t 4Y ". t Mr. Plummer: That's.... Ms. Spillman: ...it's the Holy Cross for $120,000. The Catholic Service Bureau, Mr. Plummer: Okay. I would like a little bit more back up on that particular program because... you know, I question the Manager, who finally gave me back a memo in reference to the expansion of day care which I was advertised in the Herald. And now, I need to know what item is that? Ms. Spillman: It's on the attachment in your packages on page 9. Mr. Plummer: Yeah. Ms. Spillman: Commissioner, this is one of those programs that the County was paying half the cost of ane they... it was given to us, so to speak, last year for total funding. Mr. Plummer: Yeah. And I know how things are given to us. What I watt to ask is, how many children are in this program? Ms. Spillman: We're requiring a minimum of 65 children to be served: Mr. Plummer: 65 children come out to what cost per child? Ms. Spillman: It's $13.42 a day per client. We have an average dairy attendance, sir, of 52 chidren. Mr. Plummer: But it seems like to me you're coming out over a $Z,pcp figure per child. Damn close, /8 f J. :�i "�� t c r zdR s�dt . : tii r� � x Fyp ; Mt 3 060 " t - t Fv" a $fi-jam. tl� ,�xt ail, _} >e Y,}fir Mr. Plummer: Okay. See, that has to be my questions. Why would we spend $300 more per child in an outside, when we can do it cheaper in-house? Don't everybody speak at once. Ms. Spillman: One of the problems, Commissioner, is these outside agencies that we fund have to pay overhead costs, which the City ... like rent, a lot of things that the City doesn't have to pay. And that's one reason why the City's program is cheaper. Mr. Gary: Commissioner Plummer, if you recall, one of the proposals we submitted in terms of complying with the City Commission's desire to reduce the budget by 7% as well as to balance next years budget by beginning this* year was to recommend the take over of our day care program by the private sector. If you recall at the City Commission meeting, Mrs. Ann Wilson came before this body stating that she would like to participate in that process. As a result, a committee was established. My recollection that that committee has not come up with its final conclusions, and that's one of the main reason we have not moved forward in terms of day care. Mr. Plummer: Mr. Gary, if every City department is now charged with the responsibility of providing a 7% to 10% cut back for next year, I find no cut back proposed in the Community Development dollars. Mr. Gary: Well, you've got to understand that there are two dollars that you are talking about. One is General Fund dollars, and one are dedicated dollars from the Federal Government. Mr. Pl�smmer: I understand that. Mr. Gary: In terms of their administrative budget, they are required to cut 7% from the General Fund portion. So they are being treated just like any other department is being treated in that regard. Mayor Ferre: Anybody who wants to address the Commission on any of these issue dealing... Ms. Spillman: Mayor, if I may, I think the people are here on items 11, 14, and 15 and they are related to this issue. Mayor Ferre: That's the point. Doesn't 11 and 14 tie into item "F"? Ms. Spillman: Yes. Mayor Ferre: So I guess the thing to do is to start it off this way: We'll start off with 11 and which is the other one? 14? And 15. All right, we'll start off with 11. This is the resolution allocating 5th and 7th Year Community Development Funds to approve social service agencies. Is there anybody who wishes to address the Commission on item 11? Item 11, which is related to item "F". All right, hearing none... yes. Mr. Conner Adams: My name is Conner Adams, AFSCME 1907. I just want to make one statement and bring to the Commissions attention that here in the dicussions in previous Commission meetings about the 7% cut back in this years budget, and the recent lay-offs especially in the Leisure Services Department which handle those social services of that kind, that the point was made that probably outside contractors of this services would cost the City more. And I'm hearinq today, which surprises me, fl t`, t.> f�3F.G¢��3 �a �' F ; u�' rf.�}y t ��-(G�.. ; !� � � AvowF?�a C J s n ,ifs �'a .� f Fr .t4 1 � 'N jt 1 1 dyr3c$5�`j.al y [ t I� a x �,(:'�S, S4^t' Y?TE( �11 � s fry Ar afns (continued) : that this is in fact trie case. just W9fitet to britlg that to your attention. Mayor Ferre: I'm sorry, I didn't hear that full statement. Would you � repeat that? What? Mr. Adams: I said, previously during the discussions of the City Commission on the 7% cut backs in the current budget, in the previous — Commission meeting, and in my attempt to fight, to prevent the layoffs i:: the Leisure Services Department which handles the social services at that time. And this was part of the cut back, by the way, those services in that department, that I pointed out to the Commission at that time that I didn't believe that outside contracts of these services would be cheaper than the City could afford them at that time. And that in fact, that's what I hear today. I just want to point that out. No objection to the social services. Mr. Gary: Just for the record, Mr. Mayor, the services we're talking about now we're never a part of Leisure Services, so obviously, they do not related to the concerns that he has. Mayor Ferre: Further questions or discussion. Mr. Adams, you want to make another statemen*? Mr. Adams: That it may have not been Leisure Services but it was part of the impact statement at that time, of the total savings cost to the City of $1,000,000 something dollars in the impact statement. I think you refer to Mr. Fosmoen's memo to me. Mayor Ferre: Further discussion on item 11? Is there a motion? Mr. Plummer: Move. Mr. Lacasa: Second. Mayor Ferre: Moved and seconded by Plummer and Lacasa. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-561 A RESOLUTION ALLOCATING $1,393,900 OF FIFTH YEAR AND SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NOS. 8943 AND 9281, ADOPTED JUNE 4, 1979, AND JUNE 8, 1981, RESPECTFULLY, FOR PREVIOUSLY APPROVED SOCIAL SERVICE PROGRAMS FOR THE PERIOD COMMENCING JULY 1, 1981, AND ENDING JUTE 30, 1982; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH CERTAIN SOCIAL SERVICE AGEi%u:ES FOR SAID APPROVED PROJECTS Y Y +" (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa;; Vice -Mayor (Rev.) Theodore R. Gibson 1 Mayor ;Maurice A. Ferre cam M,, NOES; None ABSENT; Commissioner Joe Carollo 3�„�& �,� y oggl � i RI r the resolution was �fr t r k I d S r-�xxw�ttP € .4 vpr M rF r'7nt� rp10 t IRK d t }} Yt `a ��, qr r "t r r� g °IN, M�''` rI� i 1r3- r,k s 29. AUTHORIZE AGREEMENT: 9 11EIGHBORHOOD DEVELOPMENT AGENCIES OEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM (C.D.) ALLAPATTAH IS TEMPORARILY EXCLUDED Mayor Ferre: Now, we're on item 14, a resolution authorizing the Manager to execute individual contracts, agreements with 10 neighborhood development agencies in substantially the form attached hereto for an amount not to exceed $50,000. Mr. Jim Reid: Mr. Mayor, you have the memo explaining the position of the administration. We are recommending that 10 of these organizations be funded for next year, and there is only one organization, I assume they're going to be here today, that we have not recommended they continue funding, and that is the funding for the Allapattah Development Authority, in the Allapattah Target Area. The Community Development Program that you approved this Spring that came out of the neighborhood meetings, recommended that there be $50,000 in funds allocated for economic development in the Allapattah area. That was a program that had the support of the Community Development Board. Subsequently, we went to that board and asked them which of the organizations in Allapattah that they preferred to continue to receive funding because there was only money for one organization in the Community Development budget. And they indicated that they wanted the Allapattah Merchants Association to be funded in the year beginning July 1, 1981. Its been our policy that there should be one of these organizations in each of the areas. And that represented a turn around from the Community Development Board position last year, where they recommended that the Allapattah Development Authority be funded. So, this is pointed out in the covering memorandum, and that is the primary issue in this recommendation. Mayor Ferre: All right, now, as I understand, what you're saying is that we have 2 competing groups here. Is that right? And one of them is the Allapattah Development Authority. Mr. Reid: That's correct. Mayor Ferre: And the other one is the Allapattah Economic Development. Mr. Reid: One is the Allapattah Development Authority, one is the Allapattah Merchants Association. The Allapattah Merchants Association has been recommended for funding by the Community Development Baord. Mayor Ferre: All right, is the Chairman of the CD Board here? Mr. Reid: Yes, he is. s ,< r Mayor Ferre: Who is the chairperson? Who? Urra. Mr. Reid: Mr. Urra is here.. Mayor Ferre: Mr. Urre would you step forward? Did the Allapattah CD Board meet and were minutes taken of that meeting? (MAYOR FERRE TRANSLATES INTO SPANISH) Was it taken into a vote? Mr. Urra: Yes Mayor Ferre: What were the results of that vote? UNIDENTIFIED SPEAKER: 8 persons of the Community Development, in favor, 2 conflict of interest. Ms. Spillman: 2 had a conflict of interest. Mayor Ferre: There were b that voted in favor of the aid and 2 abstained because they had a conflict. JUN�,i as��f r( s v a ..:,' �.. 5a.?�r.z .f t..� { 7 C ^C a€ 5u� t i t t11 a t "' �z`tv 7t�a 91�t z ,a �r�11'`2 �'. s�16 yy'i^ ie t�?` ,O SN„ ii t t tti�n�r;5�v� tia'a'` t i -w%t`�-•rx-�u �.� y t t rh �i s I�+, An, tti i t tL t i t`� Sat �"q�rt� �k Siht Right. (NAM1111,B BACKGROUND COMmtft pI,ACBD Ot1TSUA OF `f t BUBtiC nco") Mayor Ferre: Would you get a translator? Mr. Urra: (THROUGH AN INTERPRETER): In the first place, the comunity had this meeting, and the first agreement that the community reached was to leave only one program working because we think that it's a lack of respect for a community that two identical programs are working within a community. They selected one program only and that program was the Association of Merchants of 36th Street. We ask the Mayor and the Commissioners to consider their position and they hope that you take the same consideration that they did, of not to have two programs within the community. Thank you. Father Gibson: Let me ask a question. The opposing side is here? Okay. All right, as long as you're here, I want to raise...so that both of you could speak to. I presume the easiest thing is you take that mike and you take this one. Have you two groups met and discussed this problem? Mayor Ferre: Wait, wait, excuse me. You're not the Allapattah Merchants Association. 'You're the Development Authoiity. Who is the Chairman of the Allapattah Merchants Association? Are you speaking for him? Well, step forward and tell us ... who is the Allapattah Merchants Association and... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: (STATEMENT GIVEN IN SPANISH) Mr. Jack Labarga: My name is Jack Labarga, and I'm representing the d. I'm also representing Mr. Elpidio Allapattah Development Boar Nunez who could not be here today. He's the president. t ! Mayor Ferre: He's the president. it Mr. Lacasa: Who is the president? Mr. Labarga: Elpidio Nunez.��" Ct t sS,�a4f#ilt?iuk.*, �R Mr. Lacasa: You represent Mr. Nunez? t, Mr. Labarga: And our position is this... Mayor Ferre: He's here representing Nunez. Who is the executive director of your group? Mr. Labarga: The executive directorD�s sitting Labarga,there wouldryoutpleaseicomeuup. want me to call him to the podium Mayor Ferre: Ask him to come up, perhaps lLI,ere are some questions to be asked. Father Gibson: Let me ask, are they asking us not to give those people any money at all? Mayor Ferre: He's saying that the CD Board met and that they requested that rather than us fund, as we did last year, two groups, that we only fund one. That was their first request. And secondly, they recommend that we fund the Merchants Association because that is the group of people in the community, from the community, and I guess this man represents the Chairman. And we have asked ... and this man represents the chairman of the other group, and this gentleman is the executive director. We have two groups that are functioning in Allapattah. Father Gibson: Now, let me ask another question for my enlightenment. ypu have an executive director, you have an executive director? I see. Ypu two people talk? you two groups meet? Have you had a meeting? 82 . _ MU 3_E�E�4jV PF f J.. � ��'� tr m c�� i 1�� c t � i t�e ✓� � .,� �F �rw° R,'7 1 u"{�� a lr�l�.��,(Pt4 A ��. ti a,+r Father Gibson: All right. I want to ask a question. Ms. Spillman, you happen to count the money and handle it, last year this same problem prevailed. We got out of the problem by saying to the two people, two groups, look, since you can't meet and have an understanding, and each of you has a different approach, we said okay, here's the money for you, here's the money for you. They are operating. Have they been at daggers point in this length of time? Ms. Spillman: I don't think they're Father Gibson: No, no, no. I asked you a question. Listen, if they were, certainly in your recommendation you would have said just that. I'tin asking you have they been at daggers point? Ms. Spillman: Not to my knoweldge. Father Gibson: All right, then. Okay. So you know what I'm reasoning, I am not angry with you, my brothers, nor am I angry with you. But the point I make is. Ms. Spillman. ,,ow I need your answer. You gave _ them that money, that group that money, and you gave this group that money. You still have the money? Ms. Spillman: No, sir. Father Gibson: ,fiat happened to the money? Ms. Spillman: When we had our Community Development hearings last year, we presented to the Commission the concept of having one organization, and the Commission approved that. So we only programmed enough for one economic development group in Allapattah. Father Gibson: All right. That's what you did. What happened to the money? Ms. Spillman: The money was put*into another project'in*Allapattah. Mayor Ferre: What project? Father Gibson: What project? Ms. Spillman: Well, we have some in a Facade Improvement Program and then there is some streets that are being done. Mr. Plummer: You can give us the motion number where this Commission approved that. Ms. Spillman: Well, that was part of the approval of the entire CD package, Commissioner, when we discussed those items. Mr. Plummer: No, no, no. This Commission approved and delegated those dollars for a purpose. I would assume it would take another Commission action to divert those from the fund that the Commission set up. Ms. Spillman: Yes, yes. Father Gibson: Did we do that? Me, Spillman: You set it up, you haven't diverted it yet, Father Gibson: Oh, I see. The money isn't given out yet. Oh, l understand. I understand. Oh yes. All right, okay. 83 a*``,� ty Sz.. �, f1 k`z a ryti s Yc3it3..c 4 in r 11 t h'xy J:,r ' z�- , A� s•r ON iVs ..5::� eher Gibson: I'm s slow leetnet, than. You can see that. But 1 Was trying to pry out all along whether that money had been spent or moved, Ahd I'm being led to believe, you know. Oh, I understand. Go tight oft, my brother, present your case. I understand. Since I'm part of the jury, I guess I'll have to vote accordingly. I understand. Mayor Ferre: All right, anybody else want to say antying. Dena, Jim what's your recommendation from the department? Mr. Reid: Well, it's our recommendation, as we did last year, that there ought to be one organization in each community, and that we also should follow the ... consult with the community, and the community has made a recommendation. Mayor Ferre: And you're, therefore, recommending that we fund the Merchant's Association? Mr. Reid: We're recommending that you fund the Merchant's Association. There is $12,000 left in the budget of the Allapattah Development Authority, so that they would have 2 1/2 months in terms of a transition and records, and talking to each other and so on. Mayor Ferre: The Merchant's Association was not funded last year? Father Gibson: Yes. Mr. Reid: They were both funded last year. That's what Commissioner Gibson... Mayor Ferre: All right, now you've looked at the expenditures of monies in both associations? Mr. Reid: In terms of the evaluation of both associations by the staff, not the community input, their record of performance are fairly even. Allapattah Merchant's Association is a little stronger because they were aggressive enough to go and get monies from the State also to assist their community. Mayor Ferre: Did they get monies from the state? k Mr. Reid: They did. They got a $100,000 grant. Father Gibson: Let me ask this question. Mayor Ferre: Wait, wait. Did you hear that? They went out and got money from the state. So this is similar to Washington Heights. New Washington Heights. Father Gibson: Do you have the money? UNIDENTIFIED SPEAKER: Yes, we do. Father Gibson: All right, let me read ... you know. I want to concede I'm a slow learner. Listen to this. A staff evaluation of both organizations showed almost comprable levels of effectiveness with Allapattah Merchant's Association receiving a higher rating because it has been successful in securing $100,000 administrative grant from the State of Florida. That's the only difference you told me. Isn't that right Ms. Spillman? Mr. Reid: Yes. Father Gibson: Isn't that right, Mr. Reid? Mr. Reid: That is the primary difference on the staff side. Of course, it's also the group that's supported by the community. Father Gibson: But it is also true that we were led when we...last year, that both groups were doing an effective job and, if I am to read correctly, you have substantiated just that. Now, I keep saying at this t JUN 25'ni ti^`"4�a,,' gig k ^Y?�i'SFr-" j tiWi¢rt4£'s.r'pt O.� Nil �� 1, 1 yINI Via, 'y7w+ �sN idf Gibson (continued): Commission level, t don't understand if you U6 people, two groups are out there, why you people don't get together Ai1d At least talk? You wait until the last minute. All the dye has been cast, the money is cut up, and then you say to us, here it is. Now, 'Would it have been reasonable even if you wanted to meet and they didn't 'Want to meet, all you had to do...I want to make sure and put this in the record, where ... as long as I'm here and I'm going to vote any money, if there are two groups, and one group wants to meet with the other group, and the other group doesn't want to meet, I'll tell you what you do. You come right here and tell me as the Commissioner, and I promise you I will offer the motion that I will direct them through the Yonager, to meet That should have been done. Now, I'm talking to the staff. You know, you could help some of this business. You don't have to live in the battle. You know what I always say? I don't understand hwo young people dance today. They want to tango and two-step and fox trot, and they: get out on the floor, and they...the woman gets out there and she expects the man to come grab her by the hand and dance. Or either vice -versa. Do you know what they taught me when I was coming along? Do you want to dance with me? May I have a dance. And then you say yes or no. I find this hard. Yes, sir, I want to hear. Mr. Gary: I want to just air one thing. Your recommendation is well taken, but I think the staff is pretty much placed in the middle, primarily with regard to the advisory arm of the staff as well as the City Commission is the CD Advisory Board. And with regard to that advice, as well as recommendation with regard to the allocation of funds, , it's not two groups involved, it's one group, and that's the CD Advisory Board. The issue now is that the CD Advisory Board has made a recommendation, and that's one group. And there are two competing people for funding. Father Gibson: Mr. Gary, you didn't hear what I said. When it is all over ... I hear what you say, and I understand where you're coming from When it is all over, whether they recommend one two or three, Theodore Gibson, J. L. Plummer, Armand Lacasa, Maurice Ferre and Carollo have to vote as to what we're going to do. Isn't that the way it is? Mr. Gary: Yes, sir. Father Gibson: Nothing is official until we vote. And all I want to say to you, Plummer always says you'd better talk with me before you make up your mind because you may, you know, you may be disappointed in the making up of your mind. Especially if you did it without at least appraising me that's the direction you're going to go. Now, I don't know how you all out there feel, I don't know how my fellow Commissioners feel, but you know, you put me ... I don't know. You put me in the middle. And then... especially when you say... here, listen to this. "A staff evaluation of both organizations showed almost comparable levels of effectiveness, with the Allapattah Merchants Association", that's the only exception, "receiving a higher rating because it has been successful in securing"...listen to this, "securing $100,000 adminstrative grant from the State of Florida." So you're telling me with all things being equal, both groups are working well. One group may have known somebody the other one did not know. That's what you're telling me. And don't tell me that isn't the way it works. Mr, Reid: We're saying something else, Father Gibson. We're saying... Father Gibson: Okay. Tell me what it is. Mr. Reid: We're saying that there ... from the standpoint of view there should be only one organization in each of the target areas. We're also saying that the Community Development Board has made that same recommendation. So..... Father Gibson; I want to agree with you. Let me say, Mr. Reid, tin you could hear my side, I work with both groups, Do you untier?pgnd tliat, or don't you? 85 -" G€"' wszr,;, 6 sou _ u m; t. W �*3 �5, '�a fix'} ,1` e�?r ast FJ a ,•ai' ia7 �` r �`:.:. a, `< iF.. . ,- a. sj} -�G"" ii "S? .:.: ! � -i >:? < .. ' s :+cat -a., !`a, s ".ts ,.. ,,i .:3 ,, •..!'e -. "t ,r,"A}I�S. ?' . }t 22tf`.. .f31 , t"Ta. �ir°yS '�.mt > *v fs.i&M.a .t '-.,',• 4 nil -:. ,•.......�'#.='� } ...ig, �.r-�a�':'�ar �pyrt a �: rsrc-ire-��€, .. � 'z�'�3i`�'t. ,r ' y i�r � `r. #y _s,� �, •. �„ � fi,. �} �) �'�`F`..# ..., b.�t3J,:. �4� lz4x.r .2...� fl .��5;.'i'r�i ,. ,:. �... �*,:S a. �� Mf, -v�1 ��rwl �1` r.; ..,4 s�,i..,,"r .- ,. •. `<�a�"�� t t.. :.'' }>��h:. I understand the thrust of whgt you're saying with respect IftReid: of of tnoney. of getting the groups together when thete�s only one p t you to hear the other side Fath er Gibson: Right. No, no, no. I wan Mr. Reid. We expect the staff to be at least sensitive to some of the problems we face. Do you understand that. Mr. Reid: Yes, I do. Father Gibson: Oh, you do. Okay: Fine. I hope I don't have to say that anymore as long as I'm on the Commission. Mayor Ferro: Okay. Where are we? If I read what Father's saying, we send theta Mr. Plummer: to make up the... both back to the table and try Father Gibson: Right. You all...hey man, you all either put everybody in one house, or you know, some such. Mayor Ferro: I will go alongwith that, I just want to remind the Commission of two things. One eitw faseversed etis that iBecausesimilar thatsituation that we have had, except that particular case, the CD Board arwasIIthedonetthatwhaduthetconcurrencOvertown Development Authority. So tht On the other hand, what happened was that New Wa yirecallxecamesand ich was not, which did not have the CD support, as you pleaded that we continue the money because they were going to get that articular case, we went along state funding. And in that p alive because group that did not have CD support, but who innthistparticular case the they were going to get state te funding. reverse is the situation. And ved that _ is the Merchants Board is also theone funding. So in this case ... now, the second thing thatoI want to esay,ndatn, and I want to preface it again, that I go along with y Father, but I want to also say that time hand time ere saythat again at thse boards, Commission meetings, you say and other that's what boards are for. Father Gibson: I want to agree with you. But let me really take your argument. Listen to this, in the case of Overtowna d Washintonperiodofeights, Washington Heights said, you know, if you let me go 3 months, 4 months, 5 months, 6 months, I won't need you anymore. See, that's where your argument falls down. These people are not saying that. You have a different situation. There's a different element all together. Mayor Ferre: They're not recommended by the CD Board. Father Gibson: But I'm still saying that Dwoeysaid remember?to the twI am the groups over there, you go on and get together guy who...isn't that right, Dena? Ms. Spillman: Yes, it is. Father Gibson: Right. I said you all go on back home and see we'll -not going iftyoget married. can get married. You came on out and said, no, just give me Said I don't love him that much so what I'll do is you enough money to eat until June and I won't need you to oversee me. Isn't that what they said? Right. Mr. Plummer: No, what they said was they accept common-law. ing Father Gibson: Right. For a period of time. T at'sthatifll I'mesa ng• So you have a different element I'm saying decent, respectable, honorable - go to phase out a group entirely, there isa way to do it. I will not be party to not being decent, respectful and honorable. Okay? Mayor Ferre; Make your motion. 86 JUN 251,921 I 70 n��t i3 Y�.7{±nbbi' izfr, j�zF 1§ a -T x� 8 a s t tt ��1-,£�r frt t 6Taer�� kr r v �si4 iE t p . , i l� s , { ! S 5 t y pp 'Vathet Gibson: I suggest ... I don't want. , .I want to insti'tuct, Mri �tahAger, A want to instruct you to have you instruct your staff to have these people meet together and try to come up with a compromise. Mr. Urra: (THROUGH AN INTERPRETrR): In the first place, we are here4 We have been in community development for 6 years. This Commission has ll always trusted in the people they have had in the community of Ailapatta And we that reside their in Allapattah, and who have been elected by the community, and come before you of the seriousness of having two programs within the community and you don't want to listen to the citizens elected by the community, that it is not possible to have two programs with in the community. If you want, you can give it to either one of the two programs, but only one should be in Allapattah. Father Gibson: All right. Sir, 1 understand what you're saying and I thought you understood what I said. I would hope that you all would core together. UNIDENTIFIED SPEAKER: There is a little problem with that. We have structural problems. The Allapattah Merchant's Association qualifies as Community Development corporation. Our membership is open to all the residents and all the people within the target area. We are functioning under that structure to be able to, as Conriissioner Plummer says, to be able to seek out funds from other sources. Maybe in order for us to establish a sort of union, some structural changes will have to occur in the Allapattah authority. It is my understanding; that they are not, that they do not qualify as a community development corportation, where we do. So for us to be able to work together, would impose upon us limitations since we will not be able to apply and :peek out funds from other sources as the way that we are structured right now. Father Gibson: I understand what you're saying. 'hat you don't understand what I'm saying is, maybe if you go back and sit down and know that you don't have that money, you would want to ... have you ever heard anything about merge? Have you ever heard anything about that? UNIDENTIFIED SPEAKER: Yes, definitely. Father Gibson: Oh, you have. I see. I thought that made my point. Mr. Reid, do you understand what I'm saying? Or do you understand what I am implying'. Do you or don't you? Mr. Reid: I understand what you're saying, Fahter. ` Father Gibson: Do you understand what I am implying? Mr. Gary: Yes, we do. Father Gibson: No, no. I want him to tell me because you see, you aren't going to be there. Do you understand what I am implying? Mr. Reid: I understand what you are saying, Father. You would like the two groups to meet and see if they can come together. Father Gibson: No, no, no. I said do you understand what I am implying. you know, hey man, of all the fellows up here, I pride myself on being the most distinct in the Kings English without fear of contradiction. I know both languages. Do you understand? You know, it's much like we say to people, well now, we can't make you give us a convenant but man, when we get through talking, do you remember that, Mr. Mayor? When we get through talking, the boys go out here and come back and offer us a covenant. And so we have already done the do. And everybody is happy. Do you understand what I'm saying? Mr. Reid: Yes, Commissioner Gibson, I understand what you're saying. Father Gibson: You understand. Now do you understand what I am implying? Mr. Reid: I understand what you're implying. Yes, Commissioner, 87 "S �S rc� +'R .1N1 r f �Xr 4�,i 41 7 ' 1y St 1 1 ,3 t t- h"ther dibsot►: Okay, I just want to fnake §ute, Mayor Vetre: All right, then, is there anything else that we deed to discuss at this point? UNIDENTIFIED SPEAKER: Yes, please. I haven't had a chance to talk yet. There's nothing that we have against the CD. We were never invited to any meeting or anything like that to discuss the problem. And unfortunately, the CD is more concerned and it's got a right to be, with the poeple of Allapattah. However, they have not consulted the majority of the buisness people in Allapattah concerning this program. You have before you, gentlemen, over 250 signatures from merchants in the Allapattah area. One of them happens to be the 20th Street district which we believe happens to be the backbone of a lot of the Allapattah economy. Over $100,000,000 worth of sales a year. We believe that's excellent support. And we're talking about two agencies in one town. You have Little Havana, you have an SPOC Program, and you have the Little Havana Economic Development Program. So, there are, those instances where you do have these situations. And Allapattah should not be victimized. It's an area that certainly needs the money. Mayor Ferre: All right. Well, you've heard the statement that Father Gibson made and I'm sure he spoke for all of us. Is there anything else at this point? Mr. Reid: Just one more point of clarity for the record. I've talked to the staff and both organizations were invited to two community development meetings at which this issue was discussed. The issue that only one group could have been funded this year. Mayor Ferre: Did they both show up? Who did not show up? Why didn't your group show up? UNIDENTIFIED SPEAKER: Mr. Mayor, I have in my office, for the second time, two meetings that were heard in Allapattah, community meetings. This is something that really has made us feel very unhappy. And we received both meetings, the notice were received after the meeting. The last meeting was heard the 9th and we received the notice in the mail on the llth. Now, unfortunately, and I can show to all of you when you please, that this had been mailed through bulk rate so there is no post mark stamp. But after the meeting on two occasions. Mr. Plummer: Well, but what they're saying is their going to give you an opportunity to attend a meeting. UNIDENTIFIED SPEAKER: But we received the notice after. Mayor Ferre: But we're going to have another meeting. And this time, the notice is going to be hand delivered and telephone call to you so that there won't be any question. Okay? UNIDENTIFIED SPEAKER: We would prefer it in writing, certified mail. Mayor Ferre: Certified mail. Can you do that, Mr. Reid? Mr. Plummer: Return receipt requested. Father Gibson: Let me ask this also. Mr. Manager, as a Commissioner, I want to instruct you to call the meeting of both groups. At that point in time, nobody, one side will be blamed for not knowing. And when you come back here, I don't want to hear any dog gone excuse. Not any. If you have to take everybody that's working for the City and send them to deliver that mail so they'll get it on time, you know that that's what I, as one of the Commissioners, expect to take place. If we have to send Mr. Reid and Ms. Spillman to go serve as mail boys or girls, I want you to ask them to serve as mail boys or girls. So that you don't have any excuse, so that you don't have no excuse. And then, publish it on his office door, publish it on his office door. And you know what they say? Black and white don't lie. All right.? $$ JUN 251981 WO fitr 11,: eta' UESNR:,*O. y1'',Mr.�A s,�� 01 kr11 �*v R' a� y'�" v i f r u� rpr.",d'f i''f ,F'r�-�5�;>•ig All n' rr sl-N#pa?zt� a a ( i s f itD NfiiFIED SPEAKER: May t esk a goestioh, pledge? Mayor Ferre: Go ahead. UNIDENTIFIED SPEAKER: You are aware that this progtain eltpite94 the funding, the 30th of this month. In other words, within 5 days, go what is the situation then after the 30th if we have not solved this. Do we continue working? Mayor Ferre: Yes, we'll have to have funding until this matter is solved before this Commission. Father Gibson: Right. Mr. Gary: There's funding right now to carry them for another two Months. Mayor Ferre: Is there a motion on item 14, as amended? In other words, this is a resolution that authorizes the Manager to execute 9 individual neighborhood development contracts, and leaves the loth one, that is Allapattah in abeyance until what Father has requested is complied with. In the meantime, there will be continuing funding. Father Gibson: Mr. Mayor, no, no, no, no. Mayor Ferre: All right well then you say it. Father Gibson: Mr. Mayor, 1 told you this this morning. If you let'tI man get his money, and this man is in mid -air... Mayor Ferre: That's what I said. Both of them are going to be funded. That's what I just said. Father Gibson: Oh, you're going to fund both. Mayor Ferre: I talk the English language just like anybody, and I don't mean to... Father Gibson: Mr. Mayor, you have, no, no. Look, anytime I don't understand, I want you to note how I do. Now you know, ,you fellows come up here with...I hope, you know... Mayor Ferre: Well, let me repeat it. And I will be very explicit and Father Gibson: Please do. Mayor Ferre: As I understand, the motion is that a resolution authorizes the City Manager to execute individual contractual agreements with 9 neighborhood development agencies. That the loth be left in abeyance until Father Gibson's requests are complied with, dealing specifically with the Allapattah Development Authority, Inc., and the Allapattah Merchant's Association, and that they both be funded until this matter comes before the Commission again. Is that the intent? As I understood it. And that's... Mr. Gary: The way I understand it, Mr. Mayor, is that you want to approve the contracts for every area except Allapattah until we resolve the issues that were raised by Father Gibson. Mayor Ferre: That's correct. to say. Father Gibson: That's right. That's what I understood Father Gibson Mayor Ferre: And that's what I'm trying to follow on, a z,. Father Gibson: I'll second your motion, Mr, Mayor, F Mayor Ferre; I'm not making that motion, I'm just repeating it, 89 V P gq '01 5- -,U g R Oil 4 'R. fizi 0 0 R, N�, 06 NA� 'ij imp 22, gg, 1 X that s thy wtibfi- soft,. Well All tight Athor Gibson,. Mr. tatasat. I second. Mayor Ferre: All right, there's a motion and a second, futthtt distuggift oti that motion? Call the roll. The following resolution was introduced by Commissioner Cibafto Who moved its adoption: RESOLUTION NO. 81-562(A) -6 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH 9 NEIGHBORHOOD DEVELOPMENT AGENCIES, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR AN AMOUNT NOT TO EXCEED $50,000 PER YEAR EACH, TO CONTINUE IMPLEMENTING A NEIGHBORHOOD THEREFOR WITH FUNDS THER ECONOMIC DEVELOPMENT PROGRAM, ALLOCATED FROM THE SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ( omitted here and on file body of resolution, Hfollows -0, ere o in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: W, AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa 'N ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre WV; NOES. None ABSENT: None E -'N W". al�N,aT, . . . . . . . . . . . , ijj� A R 3 1,h V -0 VNi k- -IR ON2, 14 n.5 'ggg ig ...... ..... wv— imln',—M, -1 0' — — I , q 'R m NPti F 90 JUN 25 • l: u i M R tF {S�i� h A �� y .. ' i S E 27ry St d A i [...{� i S'Sk if 3�2f i 6E P Sh'i5\T CYA�3�rf " 4yYY,`Lnj'3` [ i �'a"4'ta,- 30. AUTHORIZE AGREEMENT: MIAMI CAPITAL DEVELOPMENT, 111"C. FI.�A.:CIAL ASSISTANCE PROGRAM Mayor Ferre: All right, now we are on item 15 which is the corelating item, is that correct? Ms. Spillman. Is that right, Mr. Reid, Mr. Gary. 15? Related item? Mr. Gary: Yes, sir. Mr. Mayor, members of the City Commission, this resolution merely permits the continuation of the business development and financial assistance program that is being performed by the Miami Capital Development Corporation. In your report, we also have highlighted for you some of the accomplishments of the Miami Capital Development Corporation for the last year which reveals that approximately $7,800,000 worth of loans were packaged and approved with 941/; minority participation. We are recommending that this program continue as a non-profit corporation as an arm of the City of Miami. If you have any questions, we have Mr. 'Tapp here to respond to any questions you may have with regard to the program. Mayor Ferre: Questions? Mr. Plummer: Move it. } ' Mayor Ferre: Moved by Plummer. Is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-563 P't A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLYr: THE FORM ATTACHED HERETO, WITH MIAMI CAPITAL DEVELOPMENT, INC. FOR THE PURPOSE OF CONTINUING A FINANCIAL ASSISTANCE PROGRAM TO FACILITATE BUSINESS DEVELOPMENT AND ECONOMIC GROk'TH IN THE CITY OF MIAMI WITH FUNDS THEREFOR ALLOCATED IN THE AMOUNT OF $350,000 FROM SEVENTH YEAR COMML':vITY DEVELOPMENT GRANT FUNDS (Here follows body of resolution, omitted here and onfile-: in .:.e Office of the City Clerk) . i Upon being seconded by Commissioner Gibson, the resAlus�r a3'� passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. A P Y � �+ - Commissioner Joe Carollo4�� Commissioner Armando Lacasa4�t ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferro" ' NODS; None A43UN#: Norte 4:ri#Ps,irvij i��tttkF".yt,�`t" $ri.wn'�is „rs, +$': L,�} '< � "f a , � x A } ry mi a 9rx"# �� r-j� t}•� � 5�i � t7S f S�' r7da4.`9{�4 ! 91 NONE kq WI.3 H 2Ur s 31. DISCUSSION OF EVFORCEMENT PQ?.TC)' CONCEFLNING SALE OF OLD GOLD A!,D SILVER - ACTION DEl T:RF ;;D FOR 30 DAYS Mayor Ferre: Now, the next item, as I recall, was item "I". There were a whole bunch of merchants that were here on item "I". Mr. Manager. Mr. Gary: This is the Attorney's item. Mayor Ferre: Mr. City Attorney. Mr. Clark: Mayor, you have a memorandum that sets out the fact that on June the 12th, Dade County passed an ordinance regulating the operation of second hand dealers. That ordinance has a provision that it is enforceable within the cities by the cities themselves, unless the City Commission or governing body expresses a desire to have the County come in and enforce the ordinance within the municipality. It is my understanding that the .Miami Police Department is already enforcing the County ordinance within the City of leliami and I don't contemplate that you will take any action that will be contrary to that. Mayor Ferre: Let me understand this properly. This is so as to prevent' stolen goods to be sold, is that the purpose of this? Mr. Clark: That's the purpose behind all of this activity. At the same time, we received a request from members of the public to tighten up the ordinance even further that requiring that a photograph itself be submitted by the seller of old gold jewelry. Now, all this is an effort to get your direction as to whether or not you want the City of Miami to even be more restrictive with respect to this problem of disposing of stolen property. Mr. Lacasa: Mr. Mayor, this is a real important issue because we all know the kind of situation we have as far as crime is concerned, personal assaults on people the downtown area has experienced during the vast vear or so, a tremendous amount of this purse snatchers. And all of this gold and silver ends up in these stores where they are being bought without any control whatsoever. I am not familiar, Bob, with the ordinance from Metro, but I believe that we in the City, we should take a very strong position on this and whatever the Metro ordinance doesn't do, we should do and even reinforce that so we make pretty sure that we don't have this type of operation in the City of Miami. And this is a deterrent in itself for the kind of crime conditions that we are experiencing. So... Mr. Clark: Let me further enlighten you. We have had comment from the Police Department indicating that the proposed ordinance that was prepared and distributed does have administrative problems with respect to the time frame. There's a question with respect to the security, it's a legitimate concern on the part of the shop people, and we would, and if you will, they are here today to enlighten you on some of the concerns that they have. Mr. Lacasa: Sure. But I want just to remind you, that we the City, we license these stores that are in the City. And therefore, we can impose licensing conditions, restrictions, requirements in order to maintain the license that will insure that our message gets across. Mr. Plummer: Well, is there any one here from the Police Department who wish to speak to this thing? Mr, Carollo: There should be. There's plenty of majors and assistant T+ 6^ Syf}1'—F• 'i i l 'n` R kbEi� t L'`p�lE 3 t 3k S} i + i vYt 1 dwT ��,'� x y t2 �i2'S i v�l 4e�k"'Y" Prz ' t 3 III f z K Eit� F a xt t� k> h# TIPM��'k�tt t A sty Plummet: 11tn just asking if one of them here are going to speak to the issue. That s all I'm asking. Mr. Clark: I informed Major Breslow that I would share their concern with the Commission, and it's the Police Department that has given us the input that there are problems, administratively, with the proposed ordinance on the requirement of a photograph. Mr. Clark: This is within.. this is what, Thursday? Some time within t ';' the next probably neat week. j Mr. Lacasa: In other words, that we can get back to this item. r Mr. Clark: By July the 9th. , , , r- ; Mr. Lacasa: ...by July the 9th? Mr. Clark: Yes, sir. Mr. Lacasa: We can continue this by July the 9th. Do you want to address the... UNIDENTIFIED SPEAKER: Commissioner, we have taken a little lesson from the Allapattah people. And we are talking amongst ourselves, we are talking with the Police Chief, we are talking with 3 members from the Police Department, City of Miami, that have a total of over 70 years experience. And 3 of them with the 70 years experience are at our disposal. When I say our disposal, your disposal, and ours. We understand what the problems is. We're trying to find a vehicle to get us to the end of the road that all of us want to be at. And to do this, we have to cooperate with the Police. They have come to us with logistics Problems which we fully understand. We need a little time to set up a committee and a panel at no cost to the City of Miami Commission or the tax payers to try to work this problem out Mr. Lacasa: Do you own a store of this nature? UNIDENTIFIED SPEAKER: Yes, sir. Mr. Lacasa: Let me ask you this. Let's assume that John Doe comes to his store and he want to sell to you some gold piece. Do you ask for identification? Is there any type of identification requested by the store owners that will identify who sold that particular piece of jewelry? UNIDENTIFIED SPEAKER: Yes, sir, there is. The existing law is probably one of the foremost in the country. Sgt. Heywood has been asked repeatedly to forward that ordinance to other municipalities throughout this nation. We fill out a form in two parts, which gives the height, weight, color, color of hair, eyes, and positive identification, weight, date of birth. I don't know how many more... Mr. Lacasa: What kind of identification do you request? UNIDENTIFIED SPEAKER: We take drivers licenses, City of Miami Police other municipality police i.d.'s, voters registrations. 93 r k Ft s k �i3SF �. sue' } AfYT cif �Df^(R�•:4 G ' F`H g 's 1i* fi LaeBsat In other wotds, are you satisfiedy and can you tell this fission that every single piece that is being bought at this type of store has been bought from people that are fully identified, and that you are satisfied that identification is 100% accurate? UNIDENTIFIED SPEAKER: Commissioner, let me say this. Legitimate operators in this town, and a number of them are here today, that is correct. Some operators, possibly not legitimate, operating under a different program. We !understand that there are... I'm sure that you understand that they are there, and the Police Department understand that they are there. But the problem will be driven underground. You will never get it to surface, you will never get the root of the problem by taking photographs of these people. This way we have some identification on them, and in every instance, nothing is taken into our shop without a number, and the time of the date. We are the most regulated retail business in the country today and we cooperate fully with the police. Father Gibson: So you need time, is that right? UNIDENTIFIED SPEAKER: Yes, sir, Reverend Gibson. We would like ;to`have a little bit more time than a week... Father Gibson:* All right. UNIDENTIFIED SPEAKER: ...If the Commission would give us 30 days, we are working on the problem. We understand what the problem is, and we're cooperating with the police and we're in accord with them in arriving at a solution to the problem. Dade County cannot get a solution to the problem. They've only compcunrled the problem with the fingerprinting ordinance. And it's not working for them. Father Gibson: Well, why don't we give them 30 days? I move ... do you need a motion? Mayor Ferre: I don't think so. Father Gibson: Come back in 30 days. Mayor Ferre: All right, now... UNIDENTIFIED SPEAKER: I would like to say something also on behalf ... I've also spoken to many of the second hand dealers who came here with him, and we have discussed this at great length and I agree with what Mr. Lacasa is saying that crime is rampant and something does have to be done. But, I think that at present, as he mentioned, right now, we have one of toughest ordinances as far as, concerning the sale of old gold, jewelry, used merchandise, radios, appliances, etc. There's another problem that you said that this would act as a deterrent. Well, in a way, it may act in the opposite because as of now, you have all the information of everybody that comes into my shop, his shop, or any other shops that are duly licensed to operate. Now. if only the City of Miami takes up this ordiance what will happen is thep people who are trying to sell stolen goods, what they'll do is they'll go to Hialeah, unincorporated Miami, Miami Beach, and the City of Miami Police Department will no longer have any record, whereas now, they have compelte identification with a complete description including how many items, if it's gold or jewelry, what carat, how many stones, what size diamonds. The say to complete the full description, I believe that up to now the legitimate gold buyers in the City of Miami has cooperated, have had a very good rapport with the City of Miami Police Department. Evidence of that is... Mayor Ferre: Okay. You've made your point, And thank you, sir. Well see you again. } _a 94 I 4 4 .�'Zt'Yy9 IN t; 1 1m� ¢t-rEi S'2FfINMA C ifSySr�.ro a t i ixV 1Yqq `•n{ �j'A Xk t 32. FLU AiXZ DEPARTIMENT IMPR04%�iEivTS: AUThORIZE CITY ;L41;AGER TO I.iPLE.iE:J PLA,d ; l OR PLAN #2 Mayor Ferre: All right, we now have still in the morning agenda, item: "B", "C" we're going to have to wiat for later on. Mr. Manager, why don't you recommend you take, to try to get some of these people out of here? Okay, we're now on item "B" which is the Booz Allen recommendations for the Department of Finance. Mr. Plummer: Mr. Mayor, I'd like to make it very simple. If everybody has read it, and really has no questions, I'd like to move for approval. that motion that way, leave the... Mr. Lacasa: I have my concerns over this. This means more expenditures... Mayor Ferre: It does. Mr. Lacasa: ...at a time where the administration is telling us that we don't have enough money in the budget, and that we are laying off people, not only the CETA people, but the Civil Service people. So we have layed off people, we have discontinued services in a sensitive area such as the recreational supervisors in the public parks of the City of Miami, at a time when the children are out of school and need that type of supervision. So we have been told all throughout this last month that we are in this tight situation, we just don't have the money. So now, I want to tie this with the outlook of the budget and get to the bottom of this before I vote on any further expenditures or increasing expenditures, because I want to secs why we have to spend more money here while laying (,ff I)e0I)lV in thr other. Mayor Ferre: All right. Before you go, because I think.,, Mr, l..zc asa: No.. , Mayor Ferre: But this requires a very explicit answer. Mr. Lacasa: Oh yes. And Mr, Conner Adams has some facts that hs ld.# to Share with us. Mayor Ferre: Well, WWI re going to get into that in a moment, 95 ,1UN ?_ t 8 `t++„ St A 'tk? �?i i �� y rir I Mayors I would like to make a btief combehty .. would like Mr. Homer of Booz Allen to explain what the study was &11 about, and what the recommendations are. Mayor Ferre: J. L., it was a nice attempt, but I think that there's not unanimity in the Commission so we're going to have to go through they+. Mr. Plummer: Well, Mr. Mayor, you know, I always dream but I never expect miracles. But, I heard the comments of my good colleague, Mr. Lacasa... Ferre: Why don't you let them. —the presentation, and then welll Mayor get into all of that. Mr. Plummer: All right. The only comment I wanted to make to his that he mightbe rsht ffre only to comments were things thatare notspeaking dollars that in thelong But I think there are some run will save this City a lot of money. Mayor Ferre: Okay. Mr. Plummer: And as you know, Mr. Mayor, the one area that I have pushed in is that of purchasing. Mayor Ferre: Plummer, you've got there votes here, we're in agreement. But let's here the Manager and .let's hear the... Mr. Gary: Basically, I was aoing whatnerPlummer a thcommissioecause bacsay stated. But I'd like to give you a little _ I a very, very serious matter. Approximately 3 1./2 years ago, the the City's unions brought in Dr. Barry and began a process of evaluating financial and budgetary process. And as a result of this, some deficiencies were highlighted as a result of Commissioner Plummer, as as FIU faculty participating in that process. Subsequent to that, well the unions, two of our unions took us to court as related to our Finance Department, in specific. And a case was lodged against us, bond rating the SEC. There have also been some concerns raised by the I think community as it relates to our financial reporting system and that it's very important in the long run that we approve that process so we can save the City money, or the reverse, not lose money. Without stating anything else, I'd like for Mr. Homer to explain his recommendations. Mr. Porter Homer: Mr. Mayor, members of the City Commission, Mr. City Manager, ladies and gentlemen, we would like to take about 7 or 8 minutes to discuss this recommendation and to give you an overview of the background on this report. The study itself ... can the members of the Commission see the screen? No. Here we go. Thank you. This study was conducted as a result of early reports submitted to this Commission with respect to the conditions in the Finance Department, the Purchasing Department, financial reporting and accounting operations. Today, -a want to cover the main subjects that are listed up here in this slide 1 which gives you a background of why the study was conducted, what it is supposed to accomplish, what is recommended, what the benefits are expected to be of this program, and the recommendations as to how this can be acheived. On the next slide, we go back to the original studies that I mentioned and the fact that after we had made those findings and recommendations to you, you the Commission., on December 18th unanimously directed us to proceed with this present study with respect to the organization and staffing of the Finance Department. In doing that, we had a background of findings that there were inadequate people in both the Finance and Purchasing operations to carry out the expected duties of this important operation. In our next slide we show that we went into this to develop answers that would meet the short comings that had been previously identified. That we would take steps to improve the capability and credibility of the financial operations of the City. In doing this, we went into a detailed operational analysis, and looked at the organization of the department and found that it was F 96 '' fi* ' _Et !< - rs t t ,S iY��,lier (continued): improperly aligned, that it tended to spread the already too thin management too thin, and to have duplicating functions in several of the operations. This all requires excessive coordination, it makes it very difficult to establish accountability, and there is no single focal point for major issues that users of the system can go to. In looking at the staffing patterns of the department, the bottom line is that we determined that there was simply inadequate numbers of staff on the department payroll to perform the duties that were needed. We determined that there was inadequate supervisory staff, that there was inadequate numbers of management staff, and that there was a lack of professionalism that would be needed to carry out the right kind of a financial operation for a City of this size and the programs that you carry on. On our next slide, we set forth what our basic recommendations' are with respect to this program. We recommend the creation of two departments. One, a Finance Department that would consist of an Accounting Division, Treasury Management Division, and a Risk Management Division. This department would be able to completely concentrate on the administration of financial affairs leaving the other department recommended, the Department of Purchasing and Property Management, to concentrate on the other support activities. This would include a Property and Materials Management Division, Purchasing Division, and Information Resource Management Division. The reorganization would allow you to group like functions together, to group together your e-xpertise groups so that you would be able to make the best use of your personnel. This recommendation calls for a staffing of 11E. people versus the 104 at the time this stud• was made. It would increase the managerial and supervisory positions by 7 positions. It would increase the professional staff by 19 positions. We think these are the kinds of positions that you absolutely have to have to carry out this very important function. In our report, we have submitted position classifications that should be used, using your own classification system, where there is not an appropriate classification, we have recommended those and included those in the report. The benefits that we would expect you to receive are first that you would correct the deficiencies identified in the operation. We would expect that you would get accurate, timely financial reports. We would expect that you would be able to meet other procedural and operational improvements that are required to protect and enhance your credit rating with the bond markets. If we go to the next slide, you will see that we have recommended two implementation strategies for your consideration. Strategy number one, would be the one that would take you most rapidly towards full implementation of this plan. We estimate that it would take approximately 15 months to complete. Strategy number two is a slower paced implementation plan and would take roughly 24 months to implement and it would put you in a temporary reorganization all under the Finance Department, and at a later date, move you into the two separate departments. The major difference in addition to the cost factor is the ... in addition to the time factor is the cost factor. For the remainder of this year, strategy one would require roughly $100,000. The remainder of this year strategy number two would take roughly $40,000. In your next fiscal year, strategy one would take $600,000, whereas strategy two would take about $360,000. In 1982-83, strategy one would take $670,000, while strategy two would take $580,000. In 83-84, you would reach the full cost of this program under strategy two. At that level of cost, your financial administrative cost would amount to roughly two percent of your gross expenditures which would put you in line with what national averages are for these kinds of operations across the country in cities and other local governments. In conclusion, we would say to you that you have little choice if your are going to protect your credit rating, to enhance your credibility, to meet the needs of your own citizens, and of your using departments, and to increase your investments in this very, very important operation. We would suggest that you should approve the reorganization in principle and direct the City administration to implement one or the other of the implementation schedules. A failure to take this kind of action, I'm afraid to say, would be detrimental to your financial ratings and reputation in the bond market. I think that your problems with late reports will continue,, 97 JUN Z'.•�/ ir�r�(1 — I-,bl Mr. Homer: Subject only to the limitation that we did not make any attempt to adjust this for future inflation costs or for future adjustment of salaries... Mr. Plummer: Well, you had to have looked into it because I think you're` talking about a 15 month possible implementation time. Mr. Homer: We -made no attempt to input additional inflation items because it would have destroyed the comparison between the two. But other than that, we stand firmly on these figures, sir. Mayor Ferre: Porter, 1 just wanted to say on the record, because this is sometimes, I was just telling Armando and I just want to put it on the record, if our ratings rad gone down, okay, the Miami Herald would have had on the front page of the 3.oc l section, City of Miami Bond ratings decrease". It would have been a 2-inch title on the first page. Armando Lacasa and I, you were all invited but you were unable to be there, went up to see Moody's and Standard and Poor's a month ago. Three weeks ago? With Howard Gary and Mr. Garcia. As I understand it, we recently got from Standard and Poor, or is it Moody's? Mr. Gary: Standard and Poor's. Mayor Ferre: Standard and Poor's.... a�r,ur Mr. Gary: I'm sorry, Moody's. Excuse me, you're right. rrn �j� a � nix Mayor Ferre: I always get them confused. Moody's gave us an A 1 rating? " Mr. Gary: Yes, sir. Mayor Ferre: And as I understand it, Standard and Poor when we finalize it, looks like we're going to get an A+ rating. Now, I might point out that in these very difficult times when everybody is saying how badly the Miami is...how bad off the City is, I think it's an amazing achievement, frankly, for us to be analyzed by Standard and Poor and Moody's. You know they only do that every, what, 5 or 6 years? On a periodic basis. They reserve the right to downgrade you at any time, but they make these 5 or 6 year pilgrimages, if you will, and find out what's going on. And after they went through this very detailed study, they came back and gave us an A-1 and an A+ rating, which I think is a major achievement for the City. So I just want to put that —you won't see that in the press anyway. That won't be reported. But anyway, what I did want to make clear to the here that J. L. Plummer made, is that I totally concur with the importance of having the type of accountability and purchasing procedures that Plummer's been after for the last 5 or 6 years, and that we've gone about it in the appropriate way. Now, as a total, what you're recommending is that we go up from a $2,600,000 expenditure to a $4,000,000 expenditure. In other words, we're going up $600,000. Mr. Homer: No, Really, it would take you up about $3,200,000, $3,300,000. Mayor Ferre. Sir? 9$ r� �'yt lg�: � c k, p�' ! tkral`i�Sp�rx y,F fizz Rff'C Mr. Homer: We would estimate that you Mould be down at about 2% which is just about the national average of cities that carry out all the functions that you do. Mayor Ferre: So what you're recommending, because you know, we like to go to Standards averages here, like we're trying to get up to at least 2 1/2 police officers per thousand inhabitants. The expenditure of $3,300,000 for a budget of $140,000,000 approximately 2%, is within the realm of standards of cities of our size. Is that correct? Mr. Homer: Yes, well within. Mayor Ferre: Mr. Conner. Mr. Conner Adams: Yes, Mr. Mayor. Conner Adams, AFSCME 1907. Contrary to probably what people think, I am not opposed to change. Also, I personally feal.ize that there are some changes that need to be made in this City to make it operate better and more efficiently. And I don't necessarily disagree with the memo which I have from Mr. Gary to you members of the Commission, in the fact that it's recommending extensive reorganization and restaffing of the present Finance Department. However, what I do oppose is the fact that this same memo mentions the increase of 14 staff positions at a total final cost $670,000. Mayor Ferre: No, no. Let's get that accurate. Mr. Adams: Per year. Mayor Ferre: Yeah. But there are CETA people that are being replaced. And as I understood the totality of it is, I think, what is it, 14 people? That's what you're adding. Mr. Gary: 14. But we're losing 25 CETA employees. Mayor Ferre: But you're in effect, replacing the work that is being done by 25 people. Is that correct? Mr. Gary: Yes, sir. Mayor Ferre: The difference, of course, is that you are getting rid of... not getting rid of, that's a bad word, you are dropping people that are being paid under $10,000 a year, or $15,000, and you're replacing them with professional accountants, and purchasing agents and people of that sort, which obviously are going to be making more. Mr. Adams: Mr. Mayor, at the same time, though, those CETA people were not being paid under City funds, whereas now, the total amount will come out of City funds. Mayor Ferre: I understand your point. Mr. Adams: Now, I'm not opposed to hiring new people. The more people t ho Ct t y h irvs, tho mere people we have an opportunty to have in our unit, an►i a st nmgrr organization. I'm not opposed to hiring people. What 1 :uu uhl►.►SL•d tO is the fact that we're facing an allegedly poor budget year. Also facing; what has been established over the last 3 months the fact that there could be 400 to 750 Civil Service employees laid -off in the City of Miami. This $670,000, the one figure representes to me 48 more people down low on the totem pole at an average salary of close to $14,000 and this is what I'm opposing, not the fact that the change is needed, but the fact that we are facing these lay-offs, and I just can't honestly stand here and see adding 14 more people to the staff when you're laying -off 400 to 750 people. 99 •. ��L��v- �� `�a �7�n� ;rrckt�,£��.�' r� r '•-� { �"fi', i��nar` o x+!"s ar I��.a�E ti3 sS, Mayor rdrre,. okay. Further questiftg of 8""b"t6l d6 you want to make a motion? Mt, 'Mummer: I move item lather Gibson: Second. Mayor Ferre: There's been a motion on item "B" and a second. Is there further discussion? That the Manager be instructed to implement at his discretion, either plan 1 or plan 2, as recommended by the Boot Allen study. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: 33. AUT11OR1ZE CITY MANAGER TO NEGOTIATE AGREEMENT: BOOZ-ALLEN FOR STUDY OF "WIPOWER DEPLOYMENT IN THE MIAMI POLICE DEPARTISENT Mayor Ferre: Mr. Homer, don't leave. I would like to ask you the following question. J. L. Plummer has been preaching for the last, how many years, J. L.? Mr. Plummer: Which subject? Mayor Ferre: On officers that should be out in the field and we keep what? hearing these figures. As I recall, J. L., you wer30, 40 people. These are police officers that are in the police administration building performing roles of perhaps civilians could be performing. I would like to —and I asked you yesterday when you and I talked, whether or not Booz Allen had any knowledge or expertise in analyzing police departments and functions. You said that you had some people that were very highly regarded in the professional field of police work. And I asked you if you could talk to your head office because I wanted to see if I could bring up for discussion today the retaining of Booz Allen on an extension of management service to look specifically into the deployment of manpower, to see whether or not there is...and I'm talking about on a 4-week basis so that this is not an issue dragging on, but rather an analysis of the Police Department and the deployment of personnel, and the usage of people. Mr. Homer: Yes, sir. �,w �d �rry 1 Z °x t'�mPS °fit�, �? " i�4d 2 a its r ' 4 G Y4,^} I� i✓ :. Verne,. bid you talk to your head office? Mr, Horner: Yes, I talked to the office that I report to, and he indicated that 1 could indicate a cost of $25,000 with a 6 to 8 week time frame as a general estimate, subject to working out the complete details of Such a study, through the City Manager's Office. Mayor Ferre: I would like to recommend that we do that, and I would like to, you know, if somebody wants to make a motion I'll be happy to accept it. If not, I'll make the motion. Mr. Carollo: I'll make the motion, Mr. Mayor. Mayor Ferre: All right, Mr. Carollo moves that the Booz Allen...that the Manager be instructed to negotiate with the Booz Allen Company, the study of the deployment of manpower within the Police Department in similar form to what we've accomplished here in the financial field, but limited to a narrower study to be delivered within a...what did you say? 4 to a 6 week period? Mr. Homer: 6 to 8 weeks, sir. Mr. Plummer: Well, *ir. Mayor, I will second the motion, but I hope, Mr. Homer, you understand, because to me, the bottom line is always the same. Now, your bottom line as far as the Finance Department, you came and gave us the nuts, and we provided the bolts, the dollars. Now, there's a simple solution in the Police Department, a very simple solution. and that is called that which the Chief spoke tc in the last budget. Civilianization. There's no question. What I would be looking to your organization is to be developing a figure of one, training and time to bring in the civilians to replace the police officers that are now doing jobs that a civilian could do. And I hope, and we all understand, that in the same way we went along with your recommendation today, we realize that your recommendation is going to be for more dollars. But we understand that, and I'm happy to second that motion because it's a very simple thing to me. It's an understanding that you're going to have to take and train civilians to put them in there to do the job to relieve the policemen. We're not going to be getting rid of policemen, by any stretch of the imagination. Mayor Ferre: Don't preclude the man from coming back... Mr. Plummer: Mr. Mayor, he can come back with any report he wants, but I'm just saying I hope we understand the parameters of what we, the Commission, or we individually are looking for. Because, you know, its been no great secret in my estimation, you can accomplish it tomorrow. The County had done it. And I think it's a great thing to go ahead and study. We'll know what the dollars are, we'll know what the latitudes are, the training time, and all of that. I think it's great. Mayor Ferre: All right, now, I just ... since we're expressing our opinions into the record, let me just ,.;y that as far as I'm concerned, you know the general area that we're trying to delve into, and that is deployment of personnel for effective police work, period. Now, you know, how you come back and whether you tell us hire civilians, or get a computer, or you know, I don't what you could ... that's you job. That's what we're going to be paying you to do. I'm not ... I don't think that what we're trying to tell you what to come back and conclude. You tell us whether or not you think that the deployment of personnel can be Improved, and if it can, how? Mr. Homer; My understanding is that what we're talking about and what the administration is interestzd in is the most effective utilization to provide tho best possible law enforcement in this community. Mayor Fo rre; Now, the other thing... Mr, Plummer; Well, now, whoa, whoa. No, sir. See, that's my fear. My fear is you're going to get too broad in the scope that we're not going 101 JUN' 2 51981 Mr. Plummer: Sure. Mayor Ferre: ..but I don't want to constrain Booz Allen as to what their report is going to be. Now, I want to tell you ... this is completely separate, but I want to tell you, Mr. Manager, that this vote here, in this here coming budget is going to vote for a line item in the Police Department, and I'm not going to vote for any other police budget unless the Police Department complies in she same way that every other department does in the City of Miami. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Yeah. What I mean is that the Police Department budget is a lot more general in terms, as you know, than the budget in other departments that are very specific. There are more general areas within the Police Department. And I'm not voting for any budget of any department, including the Police Department, that is not line itemized. I want to know the exact expenditures that are allocated for and none of these general dit funds that amount to hundreds of thousands of dollars that we're not quite sure what it's used for. Mr. Plummer: In other words, the rest. you want that budget to be just like all Mayor Ferre: That's, now you got it. That's exactly what I mean. Mr. Plummer: No problem. Mayor Ferre: I want the Police budget to be identical to other departments in the City of Miami. In other words, line item explained. If they want $50,000, I want to know what it's for, on the budget. Not general areas. Okay, we have a motion and a second. Further discussion? Call the roll. 102 JUN 2 51981 iv oLuviitiin Hri Hb RLLI`1L:V1 wiln DVVG�HLLLIv l/v H1Y g t' AMOUNT NOT TO EXCEED $25,000 TO FUND A STUDY OF kl" MANPOWER DEPLOYMENT AS IT PRESENTLY EXISTS IN THE h POLICE DEPARTMENT 1N-D AFURTHER REQUESTING THAT THE I" REPORT BE PRESENTED TO THE CITY COMMISSION NO LATER z THAN EIGHT (8) WEEKS FROM THIS DATE Ion being seconded by Commissioner Plummer, the motion war, p",e'd and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferro. Y NOES : :None t , � :a ��tt t f 1 � �Ptu' • r s ABSENT: None FOLLOWING ROLL CALL: Mayor Ferre: I just wanted to make a statement, Mr. Homer, which I had requested, fir. Manager, that the Police Department be here today to answer, and notice it is not on the agenda. Now, this morning, Mr. Manager, I reminded the administration that on the matter of Dupont Plaza, and I was corrected, unanimously, to put the moratorium issue on as a public hearing and that was not done. 34. DISCUSSION ITi_:;: PLAC!-'-,E\T AS HU'iN RL50URCES DEPARTN.E`:T Mayor Ferre: Now, I want to now tell you that I Department inform this Commission, oil this occl-inion, .ne the numbers are turned in the vacancies that exist. In ot'"lier words, there's a numerical game that functions, whereas... where we have 814 slots, and we have so many people that are authorized but we don't have the spots filled and then there's confusion as to how many of them come out of the academy, and how many of them are hired. The figures are misleading. The figures, for example, as I told Mr. Krause are misleading on minorities because he comes out with a figure as to how many minorities are going into the academy. I'm not interested in that. I want to know what minorities and women are being sworn in as officers and are functioning within the Police Department. That's the figure I want to know. In other words, not what's going in, but what's coming out. 111.1•ause a:: I understand it, the figures are very different if you look at (l►eto 1 omin�•, out than they are coming in. See? And we're here ►u►ller the Ifill) rossion, P,►ther Gibson, that some things are happening, when iu ofhot,L they :ire not happening because it's not going in that's important, but what comes out. So, Mr. Manager, I don't see it on the agenda so I just want to remind you... Mr, Gary: Well, in all due respect, on the first one we did make a r(:sp.ect, but I was under the impression with regard to the questions you just ,asked, we had that at the last City Commission meeting, and what was supposed to be scheduled this meeting was the Consent Decree. 103 � I I�,� 110 J '.� J ID ;gt��}�fk�'i�� z31.�4� slts£i�.�. ��v �k£ . r' k f.^o>i�9 �' .�� k'! ��'i��{� ! 3'ur^ x �r^'�'s� t»S 4: �'' . is`v.- k'• .> b - . � } -c+; ,, s �F� i I' ! .•�,., r� � ,t � l,i"�Mt��n� a 4'�< kk� ��r��.,.�� `'�'. �.�r.,� � � �€� °. �'�''at 1�.>a a, ta�f��`�..�,r ck' , j�. � f n� ; £x° �L'A'�-� �"rti s k¢ $:,! - fro IF3+t-` ro a 35a�k {l Verret answ!eted. 4 •1 sit? Mt. Gary: And we were going to have a special meeting for thbti which we never did, before the Chief went on vacation. Mayor Ferre: No, sir. That was a completely separate item because 1 asked that the Chief be here personally to answer those questions. And I was told that he was going to be on vacation. You told me that he was leaving on Wednesday, and I said there's no way I was going to call a Special Commission meeting before Tuesday, that it would be a regular scheduled item. But if you go now to what I told you over the phone, Mr. Gary, which is not on the recood, but if you will go back to the minutes of the previous Commission meeting, you will find on the record the very specific instructions that this matter be brought up before this Commission on this occasion. And since it is not on the agenda, I assume that there was a slip on that, which is fine. I understand. Mr. Gary: There... Mayor Ferre: I want it to be on the next agenda. Mr. Gary: It will be done. Mayor Ferre: And the reason I'm mentioning it now is because when Porter Homer goes into that study, I would hope that he ... you'll be delving into these things. In other words, accurate reporting. Mr. Carollo. Mr. Plummer: Also, Mr. Mayor. we received a letter from Squire Padgett that he could not be here today, and I think it's very important that he be here when this matter is discussed. And 1 would say, Mr. Gary, that if in fact you are going to schedule as requested by the Mayor on the 9th of July, once again if you would afford the opportunity to Mr. Padget to be present here for that meeting. Mayor Ferre: Okay. But now what we're talking about is another subject. And what we're talking about —the subject that we're not talking about is the question of the Consent Decree and the lieutenants promotion were there were... and the sergeants, where there were certain people that were jumped over, Latins over Latins, blacks over blacks, and Anglos over Anglos, and the whole question of the selection process. Now, that's a completely different subject which I assume is not on the schedule today. And now I understand why because Squire Padgett..... Mr. Plummer: He wrote a letter and said he couldn't be here. Mayor Ferre: That is still a pending subject though. 35. DISCUSSIO.� ITEM: LACK OF REPORT FROM POLICE DEPARTMENT RLPORTI NG SPE.;DIING OF FI :DS FOR OVERTIME Mr. Carollo: Mr. Mayor, since we were talking about funds, I recall that approximately 1 1/2 months, 2 months ago, when this Commission approved $500,000 for extra overtime, that there was a motion made that we would get a monthly report as to where every penny in our Police Department was being spent at. I have not seen any copies to this date. In fact, my colleague, the undertaker wanted it every week and we said no, that would be pushing it too much, we would have It every month. Mr. City Manager, it has been at least 1 1/2 months, maybe 2 months now. Where are they at? 104 JUNK r" ^1 s} T �'q��+'4§~2 i - F i -'n js't%rF�ar 1j iz Sc v r ii wit6�C'q �`z i ti�(�F i s r u F2f t +f seat 3F Ian r�Yr s r i y*5i (awai jia. t uaa r F' i 1 � Mt, Gary t We have the titst report I thought you got a 000 # of it d1oiig With my FYI reports. But 1' 11 check and snake safe that �'c u get a d6v� w Mt. Carollo: Has anyone received a copy': Father, have you tecievea a copy? Mr, Plummer! I got they FYI but I didn't read it, Mr. Gary: I'll make sure that you get a copy, Commissioner. All the Commission. Mr. Carollo: Can you make sure that we receive the copies on time emery month now? Mr. Gary: Yes, sir. Mr. Carollo: Thank you, sir. 36. I.;STRU('I' CITY ATTOK;EY TO FILE SEPARAZi L:1t;S�IT :1ItiT Bi'REAI FOR U,:DERCO1-,T BASED 0.: DELTA SYSTEMS FI PORT Mr. Plummer: Mr. Mayor, may I bring up a side subject for just a second? Mavor Ferre: If it's quick and... Mr. Plummer: And it's appropriate that I bring it up because I voted against it. Mr. Mayor, I, with delight, saw you on television last night and I want to congratulate you for giving the leadership to this Commission in hiring the firm of Delta that went forth and obviously have shown what you tried to say in a very strong manner, and that was the manner of the Federal government not giving adequate figures for the funding, from Federal funds, to this City which indicated on the t.v. that it could amount in the next 10 years between $40,000,000 and $50,000,000 and that which you reported to this Commission, in fact, is true by Delta's survey. And I think that this Commission and the people of this community owe you a thanks for being as strong and as adamant as you were in that area, and I personaly want to say to you that I wishrd', 1 hadn't voted against you. So, I just wanted to put that on the recrod. When I'm wrong, I'm wrong and you were right, and I'm thankful that you are. Now, I want to criticize the administration. How in the hell did he get a copy of that report before I did? And I don't need it now because I saw the whole report last night on t.v. But I want to thank you for sending me a copy of it. Mr. Mayor, that doesn't preclude. Your leadership was very great there, and it has paid off. Mayor Ferre: Well, let's...wnike you brought the subject up, J. L., let's talk about the next step on this. The premise of what we're talking about is really quite simple. 10 years ago, the Census Bureau said that we had 2.76 individuals living per household. Now they came back and said that that had decreased to 2.5. That was totally illogical which is why we went the way we went. So, we hired some experts to do it. And they came hack, sure enough, what they're saying is there are an average of cloy.. to 3 people per household in the City of Miami. Now, the question that I have is to the City Attorney, is that I understand that we have been delegated to a gentleman up in Atlanta who is the coordinator of all of these lawsuits... Mr. Clark: Yes, sir. Mayor Ferre; ...that deal with discrimination, minority this, and the philosophy that, and consenus the other, 105 J I V I Al 1. 1 11 JI J, s yy il fi F i ax e `Mid, Clark: All of those. Mayor Ferret Now, this, sir, is not a philosophy consensus, mittotity at philosophical argument. This, sir, is specifically a factual document which says that the City of Miami has been undercounted by 50,000 people. Now, I would like to make a motion instructing you to put in a separate lawsuit, separate from the previous lawsuit, and ask that it be considered on a separate basis because this is not a philosophical discussion. This is scientific. We have gone out, and hopefully, proven that there is a 50,000 people undercount. Now, the reason I would like for the administration w nand for the City hearAttorng ney to call the Justice Department and aget Washington with the Justice Department, because I would like for them in join us in this petition to the Department of Commerce and the Census Bureau, to see if we can somehow separate this from the others and ge relief, since as you may recall, there was also a consideration of the impact of refugees. And since they estimate of the Federal government is that we have an additional 50,000 people in Miami because of the impact of refugees, that we would accept that we can compromise on this d erhaps have them adjust the figures of the City of Miami. So, I Cl" p would like to move that in the form of a motion? Father Gibson: All right, do I hear a second? Mr. Carollo: Second. Father Gibson: Discussion? Discussion? All right, proceed roll call. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 81-566 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INITIATE A SEPARATE LAWSUIT AGAINST THE CENSUS f BUREAU OF THE FEDERAL GOVERNMENT BASED UPON A SCIENTIFIC STUDY PRODUCED BY DELTA SYSTEMS CONCERNING i} $ THE CENSUS L''NDERCOUNT IN THE CITY OF MIAMI; AND 1 FURTHER REQUESTING THE CITY ATTORNEY TO TRY TO GET A w HEARING BEFORE THE JUSTICE DEPARTMENT TOWARDS SEEKING RELIEF FOR THE CITY OF MIAMI y N Upon being seconded by Commissioner Carollo, the motion was passed, x;and adopted by the following vote: ---- - - --' ---- t T D1 nm.nnr Tr_ XV V JUN 2 5198 i = 5. ff r }� mi%': f „ , t itu t*`-7`'� �7. DISCUSSION ITEM: PARTNERS FOR YOUTH PROGRESS Mayor Ferre: Mr. Pantin has a whole bunch of kids that have been waiting here all afternoon. Partners for Youth is a program that the County has been sponsoring and Merrett Stierheim was going to be here today to make this presentation... and the City. And `1r. Pantin asked that he be recognized. Mr. Leslie Pantin: Partners for Youth is a ... Leslie Pantin, Jr., 1401 S.W. 1st Street. Partners for Youth is a massive program to get the youth around the county involved in something useful this summer. It is a cooperation, a partnership between the County, the City, the School Board and business. Let me mention, that the City of Miami particularly has been very cooperative. It has been the only city that has shown up at all the meetings. And business. Okay? What we did is we got the kids involved -in saying what they needed for the SL-=er. We had conferences with the black kids, the Anglo kids, the Hispanic kids told us their needs and we put them together in a listing, ranking :;.e-, by order. We also asked these kids to get together by areas and work out their problems and tell us what they want the most in their areas. The County appropriated $800,000 extra ;uuney beside their regular summer programs, for this program. We were asked to match it from business and this commiteee, the steering commitee chaired by Howard Schnelenberger, the University of Miami, Al Dodson, the manager of Sears, Westland, and myself. Even though we started very late this year, we have already_ over $137,000 of private industry commitment. I'm personally very encouraged to see the cities and the county and the school working together, and business cooperating to bring this. I think I will introduce Chuck Pezoldt from the County Parks Department, and I think Al Howard, from the City, is going to explain what the programs are. Mr. Chuck Pezoldt: Mr. Stierheim sends his apologies that he can't be here this afternoon. I'm representing him to indicate to you that we're happy to cooperate with you in this endeavor. And some of the things that we're going to work with you on are taking place and are in the planning stages now, one at Virgina Beach this summer in staging 10 discos on Sunday afternoons, a second County -wide sports competition that we're going to work side by side with Mr. Howard on in terms of having all of your playground champions compete with champions from across the unincorporated area in sports competition. The third is working with the Superstars and ABC television in trying to get some of the outstanding superstars to come out to the co=unity and in the neighborhood parks in the City as well as in the unincorporated area. And I'd like to introduce Lenny Sumpter who is the coordinantor of the program for Partners in Youth to talk a little bit auout how it could impact you in the City of Miami and ask for your support. Lenny. Mr. Lenny Sumpter: Good afternoon. My name is Lenny Sumpter, coordinator, Partners for Youth for Metro Dade County. As both Dr. Pezoldt and Mr. Pantin have indicated, the program has been set up based on the impetus of the Dade County Commission and County management and any number of staff to pool together any number of governmental municipalities as well as the School Board across Dade County as one entity.... pooled together private sector resources such as Mr. Pantin and the other three co-chairs he mentions, Mr. Dodson and Mr. Schnelenberger, and it has pooled together the youth of Dade County, all three of which will begin to work together, hopefully, to deal with, effectively, the problems of the youth of Dade County. I'd like to point out that the structure for that process, Partners for Youth is a permanent structure, We are not looking simply at the summer activity. This is a beginning point to begin the program. But importantly, we have laid out a plan that impacts geographically around Dade County and have in fact, presented 107 i s 40 >"Ki.-.,' u� a vy ads} I �'t" 4 t Ly'.i- IF l) `xl, 1{t`SiiY }Fhy 1 6f L y k t } '� f i 2 I- i F ` We 1 AP t " i guMptet (continued) i that package to Mr. Gard+, it, hope of gettifig the fityfs support it, that atea: In fact, we do have that package outside if you'd like to see it. Weld be happy to set the package up, Mayor Perre: Well, I don't think we need to see it. Mr. Sumpter: Okay. With that, I'd like to ask Dr. Pezoldt, if he will, to briefly... Mr. Plummer: Well, can I ask a.question? Really, we're running on time. Okay? What do you want from this City Commission? Leslie, what do you Want from this Commission? Mr. Pantin: We want the City to cooperate like they have been doing now... Mr. Plummer: How? Mr. Pantin: Well, whatever they can. They have certain projects that need to be funded, I believe. The help we have already got says some cut backs scheduled in the Recreation Department, and those cut backs were not made. I realize the position the City is in, but we have some programs that still need to be funded. Mr. Howard: If I may. The City really welcomes the County in working together on this program, because we've always felt that the idle brings the devil's playground. I think what we're doing here is trying to offer more activities to supplement what we already have going on. We have an active program now. What we're looking for, hopefully, from the County in their project wi.t?i funds from the private industry is for money so we can have fishing programs and take these boys out on the private boats and bring them over to South Beach to go fishing, initiate a sock league, add to it, some of the activities that we can't afford right now would be of great service if we could get additional funds through the County. Mayor Ferre: Al, I'll tell you, all I can say is that thank God that somebody in this community, Howard Gary I know, and Stierheim, and Goodwin, Newell Daughtry, Al Dodson, Schnelenberger and Leslie have been active in this, and I think what you're doing is one of the best things that has happened in this community in many, many, many years. And I just can't congratulate you enough, or thank you, or tell you that you've got my vote for about anything you want. What is it you want me to do? Mr. Gary: Well, Mr. Mayor, basically, we have asked, we've identified the needs directly from the source, and that's from the community. Before I say anything, I think the... particularly Merrett Stierheim and his staff should be complemented for coming up with this idea, but they've identified needs directly from the community, from the young people in that area in terms of what they perceive their needs to be, which a lot of times are different than what we perceive their needs to be. We've asked the private sector to cooperate with us by contributing to various recreational programs. (Pause) Mr. Gary: We've asked the private sector to participate in this program, and I think we may come to a point wherein the private sector says fine, and they have said fine, we will contribute, for example, $50,000 to adopt a park. Now, we want the City of Miami to take $1,000 of their funds to participate in this project. And I think it behooves us to contribute $1,000 for $50,000 if we're going to get the $50,000. So in the future, we're may be coming to you for allocation purposes to make this program work. And that's basically what we'll be asking for in the future. This is just to give you a highlight of what the program is about. Mayor Ferre: You don't need any action at this time? Well, to all of you that are participants and that are part of this, our gratitude and ,congratulations and to the County, our thanks. We're happy to be a part of this. Okay? Thank you, sir. 108 JUn�L� I�(1 1�14 NE 40 LQY 1 t j4.1 1 �i 300. DISCUSSION ITE11i: MARINE STADIn, STUDY CNS&{ §V t i. Mayor Ferre: Let's do the Marine Stadium and then we'll take up item "h". Take up "J" now. Mr. Gary: Mr. Mayor, this was an issue that Commissioner Gibson was concerned about. Give me about one second and I can send someone to get` him. Mayor Ferre: He's right here. Mr. Plummer: I don't have it. Mr. Gary: No, it's going to be an oral presentation by Mr. Don 'Cather. Mayor Ferre: All right, we're now going to take up item "J". Mt. Gath6,r*"' Mr. Plummer: Father, this is your item about Marine Stadium. Mayor Ferre: Go ahead. .Mr. Don Cather: As you recall, you had asked us to determine whether the properties being leased by the City at the Marine Stadium area were in accordance with their leases. We have investigated this general area and found that the parcels, particularly here where this new marina has been constructed, that the ship that is moored out here is within the limits of his lease, which extends out to the Dade Countv bulkhead line here. The access road which serves the ?farina Biscayne properties and the Rusty Pelican has been paved from shoulder to shoulder - And we've gotten a free resurfacing job because of that. There is parking, of course, right up to the roadway itself. This particular parcel number 3 was at one time, I understand, leased to the Miami Rowing Club. It has been paved over and is presently serving as general parking for this area. All the rest of the fences have been erected in accordance with the plats that we see. There is one new construction here which I observed which has been placed. There is a new pier here which has not been permitted by the City but I understand he is applying for a permit from the DERM for that pier which has been built in the last few weeks. Father Gibson: Let me ask this question. You tell me putting a pier up there that you all don't know anything about? Mr. Cather: Yes, sir. There was a pier constructed. He didn't ... I talKz-1.' to him 2 days ago and he said he wasn't aware that he was required to put a pier up but he has applied for a permit. Mr. Plummer: On whose parcel is that? Mr. Cather: That's the parcel here adjacent to the Marine Stadium. Vathvr Cihson: Do you mean to tell me he is building and be doesn't have your okay? Mr, Cather: Yes, sir. It's built and it's in place. Father Gibson: I wonder if this Commission hears what I hear. Listen, let me tell you why I was curious. Okay? I noticed that as the different people came down here there was such a fight, and that apparently nobody knows how many feet north, south, east, or a circle, a man or a woman should get or have with his lease. That bothered me. To further substantuate my concern, Rusty Pelican wrote us a letter 109 JU;ti1 �981 1. y j'"'vpkfi�i�x 7 A 1 {rV�,.i �iA i�i[+.f� L it 4 1 fK aher Gibson (continued)3 just the other day telling us what they 'WAtited to do by way of putting on another story and that they 'Wanted to itictease the beautification around their property, that is the property they lease from us. I'm terribly concerned that those...that we're dealing with people that evidently you take what you can grab first, or what you can grab. That's not the way to live. Mr. Cather: I agree, Father. rather Gibson: If we have a department, and note what ... I've always said this about Mr. Grimm, and I'll call it in the record, if you ask him to do something, I'll be dog gone if he won't get it done forthwith. And if you ask him at 9 o'clock in the morning, around about 12 or 1:00 o'clock before he goes to lunch, he has a reasonable answer. And then he'll say, well I'll put it in writing. Now, I can't ... I don't know about the other people who work for the City, but I have to give that man that credit. He said fie was going to have that map. I think that everybody who is doing business over there ought to know whether the circle is 60 degrees or 40 degrees or 30 degrees. That's not what's happening now and, therefore, you have those people not as a family, but you have those people pitted against each other fighting about how far over you come or far you go. Now, what was the name of that outfit be? East. What's the name of the man. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Father Gibson: No. That's Mr. Rabin. He's doing all that building now. I don't mean that an. The man over that way from you. Mr. Grimm: Marine Stadium Enterprises. Gene Hancock. Father Gibson: Yes. We dealt with that man. Let me tell you ladies and gentlemen in government. If we took the time to settle matters in our private business, I'm talking about the church, as people have to have here, we would go broke. And let me tell you, you know, I shall always remember Mei Reese who was the former City Manager. Mel Reese told me a story that I never forgot. I wondered why we didn't pay as much money —this was in the legal...you know, profession, as others. Do you know what he said? He said because as a lawyer if you work for the City you don't have to pay any rent, you don't have to worry about where you're going the next morning, you don't have to worry about the books. What he was telling us is that we, we the citizens pay for it. However, it private life you take the gamble and what he's saying is when you work for us the gamble isn't necessarily there unless you want more money. Now, I believe that every piece of land ought to be documented and there ought to be given a map. And just like you have that red circle there, you ought to have a map with the red circle for every person who is doing buisness over there. That's not what's happening now. And Mr. Rabin has every business, every right to know how many feet he has, how many feet he doens't have so that you can't kick him around later on. And let me add this. If Rusty Pelican is asking you to permit Rusty Pelican to go up another story, Mr. Manager, and I have not seen your answer, and maybe that's because I can't read, he has been talking with you. He wrote you a letter, a very fine letter about going up another story and improving the landscape around Rusty Pelican. Quite a nice place in the name of the City. It seems to me that the man needs say maybe a renegotiating of his lease so that if he's going to borrow money, now you know, he is in the City if he's going to borrow money, he's got to say to that bank, and banks don't love you nor me unless there's something for the bank, I have a 15 year lease, or a 20 year lease, or whatever, you have to give these people a reasonable number of years to amortize their indebtedness. And let me tell you, I don't even know the man at Rusty Pelican, but I know this: it's a City owned piece of land, it has enhanced the City. It's a beautiful site. So why aren't we trying to cooperate and help. Cooperate with that man there if he needs the cooperation. You know, if he needs 15 feet and he doesn't have it, we ought to find out why or he shouldn't have to go over there thinking that he has 15 110 .� SY�+. t -r .v{✓ �' �'RIM t YN� 3i Ens"2 r r i? Srtt z N s � tgy ,, N F anti i>k the Gibson (continued): feet and he doesn't have but 10, Or that he Uses 25 feet and only 15 would be in his lease. Then we have to hassle him around. Man, lets try to do some, you know, constructive business. Give those people a map. The last thing is if they had a map, the helicopter wouldn't be coming here, the helicopter people wouldn't be coming here to say they want 10 feet off marine stadium. A;arine Stadium would be platted on "X" number of feet east, "X" number of feet west, "X" number of feet north, "X" number of feet south. That's all I want. And relieve my headache. Mr. CAther: We have fully documented and refers to all these people involved With maps, showing the precise limits of their property, sir. Father Gibson: Recently? Mr. Cather: Yes, a long time ago. Mr. Gary: We'll get him a recent one. Father Gibson: Mr. Mayor, my concern is that as the people have come here... remember those people from over at hey Biscayne? I don't think they knew. And if they know, all we had to do was to give them a map, sir. Do you know what I mean? I want those people to have a mpa. I want that man to have a map so that he will know. Well, Rusty Pelican ^,Iaht to }imvo m n,o« ll..«,....,1. ____n Mr. Rabin: My name is Rabin, 6805 Calvair Street. Father Gibson, I don't know about the rest of the people, but I was given a map with my lease agreement and it spells out all my bounds. Mr. Plummer: Is it any different than this map? Mr. Rabin: None whatsoever. That entire area, I'm talking about. Mr. Plummer: Really, Mr. Rabin, what prompted this originally, besides Father's concern of which he has just stated, is the fact that in the eyes of a number of people on this Commission, that presently parking over there is an eyesore. And the contention is, or it was reported back to us that that eyesore was not on your property and that you were not collecting rent for it. Now, if that's the case, that's why this here would clearly indicate that that which this Commission feels is an eyesore is on your property, and that we want it removed. Now, I think this is one of the things that, you know, would be clarified by this map because there must have been some question in your mind as to whether or not that boat, that huge hulk of a thing called a boat was in fact on your property. Mr. Rabin: No question at all in my mind, sir that it was on my property. Mr. Plummer: That it was? d 5 it Mr. Rabin: Absolutely, Mr, Plummer: Well okaythen, . Mr. Manager, it was the indication, we understood was you couldn't get it removed. Mr, Gary: That issue is now in court and it's D Federal court# if 1' r �11 JUl! 251981 M Igg V11iNN .......... li," Ml g� E W R� o N . nary 0 ow t 6 And some dispb9tid"th (continued): Cortect that ship will be forthcoming in the very near f utute Mayor Ferre: Yeah, because the Marsball...this is something that deals With the Federal government. The Federal government has a contract with Rabin and he's trying to work it out. I think it's on it's way, as understand it. Mr. Plummer: Well, okay. you know, if we made a mistake and we weren't clear in the first place, I think what we ought to do so that it doesn't happen again is to make sure that it's understood by letters of intent, or however. Mr. Rabin can contact, and I hope he contracts with a lot of people, because every dollar he gets we get a percentage, the City. Father Gibson: Amen. Mr. Plummer: But 1 think that we have to do it within bounds that it's still, you knowk not displeasing to the people around. Can I bring UP another point, Mr. Mayor? This is personal. *,Mr. Cather, who is in, charge of the roads around this entire area? Mr. Cather: This particular road here is a private roadway. Mr. Plummer: I'm talking about that road here and to here and to here.i2 Whose responsibility is that road? Mr. Cather: I would assume that that's the responsibility of the Department of Marinas and Stadiums. Mr. Plummer: Mr. Cather, Mr. Manager, the next time I ride my motorcycle through there and I've got those po-,holes and I go down, I'm holding you liable. Mayor Ferre; Okay. 39. ':OTION 0"iNTZ'T 10 �\CQtlIpE -F.F-.C. PROPERTY AS SOON AS POSSIBLE: " TO BE USED AS A CICLTURAL CENTLIZ, SPORTS FACILITY AND/OR Mayor Ferre: All right. Mr. Frates. We're now on item "K" which is the FEC Railroad property. Mr. Paul is here, Mr. Fine is here, and let's nnA wI here do we stand and what's vour recommendation? Mr. Frates: Mr. Mayor, members of the Commission, 1 was invited here, I thought to answer the questionstMr. Fine and Mr. Paul are hereoi don't know in what capacity.* and I suggest that maybe they should go first. Mayor Ferre: Okay. Dan Paul: Mr. Mayor, my name is Dan Paul and I am the Chairman -cor Committee the Biscayne Boulevard Sub nmitee of the Downtown Action Committe and Marty Fine who is the chairman of the Downtown Action Committee is also here and we're here to urge you to proceed forwith to acquire the FEC property and not continue with further legal pro ceedings you, in the final analysis, if you win your on the property. I think appeal, you're going to end up with a retrial of that piece of property. You may end up with a much bigger verdict and from point of view of the benefit of the City and the benefit of the citizens, you should proceed to acquire the property so the public can be using it and we can get on with the plan. And I think that all of these proceedings Are leading nowhere. In a nutshell, that's what we're urging. Marty, you might want to say something. 7. {5i k asrc��!.,oAlm E'ta y 3 s.rr�, t g Fi � �-ar�� , . .r `+ as sj° 5� '4T .,, Martin Fine' Mr. Mayor, members of the Commission, for the record, My name is Martin Pine and I'm here on behalf of the Chamber's Committee that's involved with the City, the County, the DDA and other agencies in an effort to help redevelop downtown Miami. And while we are not familiar with the intricacies of the City's financial situation, we're basically here to recommend to you that if it is at all financially feasible and possible, that you follow through with the original foresight you had, and the guts you had to condemn that property and make certain that it now ends up in public hands at the earliest possible date. And Mr. Mayor, our committee, in working with the DDA and the Planning Department is trying to develop what I'm sure will be called the Bayfront Park System rather than a series of large pieces of green park from Chopin Plaza to McArthur Causeway being disconnected. And we know, and you know better than we, that that parcel is a key parcel. Mayor Ferre: That's why ... because there seems to be some confusion. Somebody from one of the newspapers was questionning r„e on this and was totally confused on the issue of Ball Point. The reason why, and it was the City of Miami, and by the way, it was not the Miami Herald, so I'm not talking about the :Miami Herald. It was the other newspaper. The statement was made that Mr. Ball had out -foxed the City of Miami in the Ball Point issue. That was not...we took the initiative. In fact, I took the initiative. I was the one who started that whole thing when I recognized that we did not have enough money to buy both pieces of property. Now, I fully concur with the premise that it is now really time for us to start and wind this thing up. I think we've been at it much too long. Mr. Frates, before we cet to anti conclusive point, I think... you said you would answer Hues'lons, I've got about three or tour a,iC the first one ... and I'll tell you what they all are so you'll be thinking or one as you talk about the other. The first one is dealing with the ICC, and the second one is dealing with the negotiation, I'm sorry, with the petition to go to a retrial and where that stands and what our probable expectations of time is; and the third one, really is to the Manager, and that is I understand we have $19,000... Mr. Gary: Approximately $20,000,000. Mayor Ferre: $20,000 and everything included, we're about $4,000,000 short. Mr. Gary: Let me get my little scratch sheet. Mayor Ferre: Well, I'm talking about attorney's fees, everything,,:. - included where... 3 Mr. Gary: Yes. We're about $4,400,000 short. Mayor Ferre: I also understand that there was a statement made by somebody, and I think it was Rick Sisser, that the legislative intent of the Interama funds precluded the use for this, and that is totally unacceptable for a very simple reason. That we were thinking, as you know, of using those funds for Watson Island, so if it could be used for Watson Island, certainly it can be used for Bayfront Park. There's absolutely no difference between the usage of those monies to implement recreational and tourist activities in Bayfront Park or Watson Island. Seems to me that these are the monies that we should clearly earmark. I don't know how much of those $8,000,000 are left, but at the last time we looked at it, there was $6,000,000 left. Mr. Gary: Mr. Mayor, I would have to get a legal opinion from the Law Department in terms of whether this would be an appropriate use for the funds. My initial reading of it is not, but I think the issue of tourism, as you've stated, maybe a catch all that we could utilize these funds. Mayor Ferre: I would be happy to get you a legal opinion from the guy who wrote it. His name is Jack Gordon. Okay? In the legislature. Mt, Frates: Mayor, I don't know exactly where you want me to start, The 113 July ,�� ' r1i { Nil l �� . az i1t> � �1'sP� Pc�r* '0 1 i np Hr Ptates (continued): status of the matter is it is presently oft Appeal and cross -appeal by the Florida Eastcoast. In other voids, we appealed, and they appealed. Of course, as you are aware, there's no supersedings. As of today, roughly there's $20,196,463 in the fund. One of the things that originally happened when we got the intial $14,500,000 from the City and deposited it, we worked out an arrangement of which we're very proud as attorneys with Mrs. Lee, who is with me, and who has worked diligiently on this matter. We got them to agree, them the Florida Eastcoast, that the interest of this would accrue to the City. So out of that $14,500,000, we made the difference between $14,500,000 and $20,196,463. As a citizen, I would very much like to see us get this park. As a lawyer, I have to tell you that I think we have a very meritorius appeal but obviously may have always the possibility of a higher verdict. I don't think so, but that certainly is a possibility. Mayor Ferre: But Bill, if we win the meritorious appeal, what have we won? Have we won the right for a retrial? At the retrial are we going to get a verdict which is less than the $23,000,000? Can anybody assure that? Guarantee that? You know, the odds against that happening, the probabilitie- are just so way off, that it seems to me that what's done is done. We've ` got the money. The fact is, as the Mayorland as I face the electorate of this community in November, my position is very simple. In effect, this property, this invaluable property has cost the City of Miami $14,500,000 plus the additional $4,000,000 that we're going to have to come up with. _ -- Mr. Frates: Mr. Mayor, may I interrupt? The... Mayor Ferre: The reason I say $14,500,000, Bill, excuse mellet me round off my statement, the reason I say $14,500,000 is because of the fact that it is $20,000,000 plus is due to the fact that our $14,500,000 has accrued. Now, the argument of, well, if it has accrued in the past why don't we let it accrue in the future? Well, because in the past, the full accrual was coming to us. At this juncture, as I understand it, 10% of it goes to the F.E.C. and the balance comes to us. Mr. Frates: That is true unless the judgment was reversed. And then if the judgment is reversed, the 10% is wiped out. So all of the money that is accrued in the fund would go to the City. Now, the F.E.C. has taken the position that they're entitled to that moeny. So no one can assure you that we're going to get the interest in the future. I want to reiterate as a citizen in this...well, I guess I wasn't a citizen in 1923, but I'm personally very anxious to see us acquire this property. But I think that there are legal principles that I, as your attorney, have to tell you what I think. I agree with everything you're saying. f�f d�� i «�x `s- ' a^li'>':' q�z�.�.xx �RTO� r� �G�t� � vK a . � ;� j � r i y ti j�� a `a�i '.•.,,4?� �FR y'�� y ,x�rc 3wd r�y zt �y 114 JUN025i,, 1 Mayor Ferre: Mr. Frates, Sir, you are not here as as citizen. You are here as the attorney representing the City of Miami, you have been and are being paid for that and I must ask you, not as citizen, but as our attorney, what is your best advice. We are your client. You're representing this, you're not representing the citizens directly.... Mr. Frates: I realize that. Mayor Ferre: You're representing this Commission here, who has retained you to give us the best possible legal advice and I am now calling upon you to give us that advice at this juncture of this particular lawsuit. Mr. Frates: My opinion,on that basis, we should go forward with the appeal and attempt to settle it with Mr. Thorton at the best possible price. Mayor Ferre: I have taken the liberty of calling Mr. Thorton on my own. I did that yesterday and I asked Mr. Thorton, I called him to tell him I'm sorry about the passing of Mr. Ball and I wish t.:rough him to express my condolences to the FEC Board and to the other official family that Mr. Bali had in his corporations. I said to him, and I know this is not a time to be talking about this since I have you on the phone, may I ask you a question: "Would you recommend to the FEC Board a settlement of this issue for less than the amount that was established by the jury in the recent case". His answer to me was "Under no conditions would he recommend that to his Board". I said, "Is there any, any area where we can negotiate or that somebody can' talk to you about trying to convince you". He said, "Absolutely not". Now, perhaps, there's...I don't know who else in the FEC you can negotiate with other than the President, I doubt very much that Board would, since I knew this matter would be discussed today, I thought I might as well bring it to a head. Mr. Frates: I have never attempted to discuss it with Mr. Bringham and I got the same response, although he said he would be back in July, he's on vacation, but I also got a closed door. Mayor Ferre: Well, Mr. Thorton told me... Mr. Frates: May I, Mayor, one statement. I think you're all aware that this property by the appraiser# and I think all of the appraisers that were involved, is worth somewhere/ and Ronnie Fine would know more about this, is somewhere between $50 and $75 million on today's market, so as far as getting the property, we would not been able to get the property, of course, if we had gone the normal route, because wed by the quick take procedure, you set the date back on March the 6th several years ago. Mayor Ferre: Bill, when the history of Miami is written 50 years from now, :somebody :;ay:;,"What are the two or three things that fellow Ferre did when he was Mayor", I think, I would hope that would be one of the things that I scold claim that I did right. I'm not talking about things that I did wrong, I'm talking about things I did right and I think that was one of the best rOc 011unrndaticnn that I ever gave to this Commission. Mr. Frates: Well, you wouldn't have it without it, Mayor Ferre; No question in my mind that without that we would have not had that piece of property, ii5 I .x p, + VNites : l think anoth+et thing to, S Yot Perre: But, now it's time to conclude it and that's the point, s Mr, Prates: Mayor, another thing to point out is that the legal manuvering -_ to get the property, the right to take the property, incidentally I was told this was the first piece of property that Mr. Ball had ever lost in a litigation, the right to take property. Mayor Ferre: I wish to correct you on that. Mr. Ball is now dead and when Mr. Ball died we had not concluded so Mr. Ball never lost a piece of property. And I have got a feeling that that had something. Mr. Frates: The City got title to it, Mayor, so since '78 you've had title to that piece of property. REv. Gibson: Are you telling me that caused his death? Mr. Bob Clark: May 1, Mayor, as you need this information I think that's vital before you continue any further in connection with your.... Mayor Ferre: Wait a minute, because I don't want anybody to misinterpret the statement that I made about Mr. Ball. I don't think In any way it caused his death, of course:, but I think that Mr. Ball was an extremely proud man. I think that Mr. Ball is, whereever he is at right now, he's very happy in the - consideration, when he passed he had not lost ... nobody ever taken a piece of property from him and God bless him, may he rest in peace. He died with that _ satisfaction and that was a very,....I want to tell you something, because I spent certainly not a lot of time bur I met the man 4 or 5 times in my lifetime, and I want to tell you that was a very, very important consideration, I think that kept that man going for many, many years; and he died, by God, with that thought, I'm sure, in his mind that. he never lost, and he never did. Mr. Clark: I wanted to make sure that the Comaaission was aware of the limitation on the Interama money, and it is limited for the purpose of acquir- ing, constructing, extending, enlarging, remodeling, repairing, improving, maintaining, operating or promoting one more publicly -owned and operated convention centers, sports stadiums, sport arenas, colisseums or auditoriums within the boundaries of the County. Mayor Ferre: Sports authorities, auditoriums... what was the other? Mr. Clark: It is convention centers, sports stadiums, sports arenas, colisseums or auditoriums. Mayor Ferre: Well, I've got news for your, it is the intention of this community, as I understand it, and certainly I would support it, that that be the Center of Performing Arts Auditorium and certainly I think that fits within the general classification of auditorium, and if you want to make it abundantly clear, I would offer a motion, sir, at the proper time, that upon completion, in fact, I'll do right on now. Father Gibson, I pass the gavel, sir, and I move you at this time the following motion, that the property known as the FFC P & U property once it's acquired and in the hands of the City of Miami be expressly used for the purpose of an auditorium to b: •used for cultural and other artistic.... Marty, help me with this, another what? Mr. Fine: I would hope, Mr. Mayor, that you make it very broad and not lock the City into any fixed position but express your intent to do those things that are set forth in the statute. Mayor Ferre: As .... so that we will comply with the statute, will you give the number of the statute? Mr. Clark: Chapter 125014 (5A). Mr. Fine: Mr. Mayor, I would recommend that you amend the language to say not only the statute itself, but the legislative intent that was expressed at the hearing and the meetings that dealt with that statute that Senator Gordon r r J U N 2 5 11181 "N i "T q }T N t i F 11 t '2�`ii- } H ' s' "'im Nt 2 xs�L,EN'�Ef U x �i7t $> s tlrs yt', 1r t ell t't r r'c,'Si d'' 2 s i i i " ..,`J i`° s , F °, i "`f•" rPSk^ 1 sk' �4 r 'rJ .r � see 3 r ,t r ��l 3,5 Ixy�1i�r�y�f "51111 Nil, t}} ii1 mr, pule: (continued) and you and others worked so hard t0 get• Mayor Perre: All right, that's the motion, sir. MV. Gibson: That's the motion, do I hear a secohd? Mr, Lacasa: Second. right, discussion? All ri�-ht,_ oall Rev. Gibson: All , The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 51-567 A MOTION OF INTENT OF THE CITY COMySSSION DECLARING THAT THE PROPERTY ON BISCAYNE BOULEVARD COMMONLY KNOWN AS THE FEC/P & O PROPERTY ONCE IT IS OFFICALLY ACQUIRED BY THE CITY, BE EXPRESSLY USED FOR RECREATIONAL AND/OR CULTURAL PURPOSES, INCLUDING, THOUGH NOT LIMITED TO, CONSTRUCTION OF AN AUDITORIUM FOR CULTURAL AND ARTISTIC EVENTS, SPORTS FACILITIES, A MARITIME MUSEUM, ETC. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: ;{y AYES: Commissioner Lacasa, Commissioner Gibson and Mayor Ferre. Mr. Plummer: At this point, I haven't had enough input. I am concerned where the other $4,500,000 is going to come from. I, like the Manager, feel that it cannot come from the Interama money, you know, I just can't vote with it, without more additional information at this time. I have to vote no. Rev. Gibson: Before I vote I want to ask a question. Are you telling us that we can't use Interama money? Sir? Mr. Fine: I'm not about to render a legal opinion, but if my recollection of that statute and the work that went into it by the Mayor and the Commission and Senator Gordon at the Legislature, for was park and recreational purposes together with the billings that were described by Mr. Clark and I think that what you're saying is that there is a very good, distinct possibility that such buildings will be built on this site, you can't build buildings in the water, you need to build on land, I think it would meet the criteria of the statute. Rev. Gibson: All right, let me ask you one other question. Mr. Gordon is the writer of the law, I mean, he proposed it. di r 117 Rev,Oibson: Is there anything..., if I vote yes, is there anything that would pteelude my changing my vote, if he says you cannot do that or it was not intended to do, you know, use that money? Mr. Fine: Rev. Gibson, you're good and too long a friend of mine for me to give you an answer shooting from the hip. I think you would have to look your City Attorney for that. Mr.Plummer: Well, this is only a motion of intent. Rev. Gibson: Mr. City Attorney, it seems to me from what I hear that if you're going to build auditoriums and some of these other things, you can build a cultural center, wouldn't that be the same kind of thing or in the same category? Mr. Clark: Commissioner Gibson, I would request that you give us time to confer with Mr. Frates because there's a question as to the funding for the original 14 since there are some bonds that were used, I would have to have time to research it. Mayor Ferre: Just for the record, as the maker of the motion, let me stipu- late, first of all, this is a motion of intent and obviously not chiselled in stone, and it could be changed by the next Commission Meeting. Secondly, I'm trying to get out of this log jam and find a solution as to where to get the funds and how to solve this problem. It it should be the conclusion, which is not at this point, of this Commission, to settle this case and get it over with, which we haven't done yet, we haven't done that yet, so you know, this is pending on that. The third thing is that obviously this all has to be legal and appropriate, which means the City Attorney's office has to rule on it, I would want Mr. Frates legal concurrence and I would like Senator Jack Gordon's agreement, since he was the maker of the motion, even though it's not his money, it's the City of Miami's money... _ Mr. Frates: Mayor, could I add one thing that might help you in your _ deliberations. The title to the property belongs to teh City of Miami, and it has, that has been affirmed in two opinions by the District Court of Appeals and Supreme Court of Florida by denying the record. You have the property. You must pay for the property. That's just a fact of life and whether or not the money is there, they cannot give the property back and they cannot take the property back. Mayor Ferre: That's not in question. No, Mr. Frates, the motion that I'm talking about has nothing to do with that. It has to do with the identification that since we own this property, what the use of this property is going to be and the motion and the intent of that is so that so we can, therefore, hopefully qualify this legally so that those monies for an auditorium..... the bill, the statute says "auditorium", well, I'm expressing what the auditorium will do. It will be an auditorium for cultural and artistic events and if we do that then I think that opens the door for the usage of that money in completing the funds that we need to buy the property. And then, hopefully. we can move ahead. ?tev: Gibson: Sir, so I can vote. Since you're employed by us, you know, I don't want to send you where you would be embarrassed. You would be com- fortable if we pass this motion of intent and proceed to be in a orderly fashion, woudn't you? Mr. Frates: Very much so. I was under the impression that it was broader with all due respect of Mr. Clark but I was involved in that Interama and I haven't reviewed it, but I was under the impression that it was broad and included recreatioanl purposes. I could stand corrected, because it's been a long time since I read it. RRv.Gibson:I'm going to cast my vote for it and then hopefully, if we find out we're wrong, I hope that all of us will come back here and do the right thing and get it right. Mayor Ferre: Now, I want to make the main motion, if I may. Now, I would like to move that the City of Miami instruct it's attorney, Mr. Frates, to 118 JUN 251981 Mayor Vertt., (dbhtihbed) conclude the legal matters pending on the purdhazo of the R & 0 property from the VEC Railroad by, if it is legal, usage of the Interama fund monies to supplement the short -fall monies that we presently have available for bond issue plus interest, in excess of $20,000,000 so that this matter can be properly concluded including attorneys fees. I so move. Mr. Plummer: Explain the intent, the difference between this motion and the last. Mayor Ferre: The last motion opened the door for the usage of the Interama monies supplement. This authorizes the Attorney to conclude and pay up and close the door and then it's our property.... Mr. Plummer: So, in other words, what you're doing is in effect. dropping; tht- appeal . Mayor Ferre: In effect what we're doing is instructing the Attorney to con- clude which means drop the appeal, negotiate with what has to be negotiated, come back with a final bill and let's get going. Mr. Frates: Mayor, you realize that they have taken a crossy-eppeai. Mayor Ferre: sir? Mr. Frates: They have taken a cross appeal. Mayor Ferre: Well, now obviously, if they don't drop their appeal, then we can't drop our appeal, that is on bending, that's why I said negotiate. I used the word, I guess, I should have used"settle"rather than negotiate. That, of course, includes the FEC case. Mr. Fine: Mr. tdayor, would you consider making an amendment to your motion that you might ask the Manager and members of his staff to seek alternative = sources of funds with which to pay that in the event that money is not availat,lE or that Mr. Frates be instructed to perhaps , settle on a lonSer pay -out with them and have them wait for some of that money. Mayor Ferre: I accept that, that's fine. Howard, how much money have you got squirreled that you can ... Now, Mr. Paul, you're now contradicting yourself. You're one of the people who goes around saying that the City of Miami is bankrupt. I accept that, Mr. Fine , as an amendment. Mr. Frates: Yes, I think it's a bargain for the City. Rev. Gibson: All right, sir, you read the motion. Any discussion? Mayor Ferre: There's no second. Rev. Gibson: You didn't get a second? Mayor Ferre: You've got to ask for a second. Rev. Gibson: Do I hear a second? Please state your motion again, Mr. Mayor, Mayor Ferre: I'm not going to go into the long wordage of it, but my basic motion is to instruct the City, the attorney for the City, Mr. Frates and his associate, to conclude by trannactinq with the FEC Railroad the payment of the full amount that the jury concluded and that tho:,c funds be taken from the Interama sources .r:, t{u bra vicar:, motion outlined, or from any other sources that the Manager nil+{Iit find .rvai l able for this purpose. In other words, it is a drop of the it i, a conh•lutiion of this thing, it is the purchase of the P & 0 1'; ol'r` t t Y . Mr. Lacasa; I second it. v, Gibson: All right, Discussion? All right, call the roll, please, Xr°, #'ltltmer: You know, Father, when you Say discussion, you know, I find it XMVery funny or not funny really ... ha..ha.. and I cry, We're going to 119 i k2 t_ t 1 t ....... i x gi Mr. Plummer: (continued) acquire more property in the Park and I, tot one, would like to see that; yet, 1 remember earlier in the day, it's probably a like amount of pooperty, we turned into a parking lot, and then also earlier in the day, that we turned over because nobody was using and illegal activities were taking place about the same, similar amount to the Dade College, hoping that they would be able to create activity to turn the tide around and yet, here we are now buying more. We're talking about that we don't have the money, really we don't have the money to pay for it, it's robbing Peter to pay Paul and at the same breath we're already talking about building a cultural center that we don't have the money for, and yet we're concerned about police on the street and the budget that's up and coming. I really have a problem with that, I really do. I have to set things here in priorites and that $4,500,000 at this point to me, could be much better spent than possibly putting in another parking lot, another softball field or condos, or stables for the Police De- partment or kennels for the canines, which has all been proposed for the Park, I just think that this City is in more need for that $4,500,000 dollars than to acquire a piece of property, as I said a long time ago, Mr. Frates, Mr. Paul, it's not changed anything. You won the battle, sir, but we lost the war. And I'm sorry because I would like to have that piece of property and the people of this community expressed their desire. We got sold down the drain by an appraiser, who said that parcel of land could be acquired for $12,000,000. That's what the bond issue was for and that's what the people voted on when they expressed themselves that they wanted that property not for $24,000,000, just double. The conditions were not as tight, nor was money as tight as they are today, and in setting my priorites, I have to vote no. Rev. Gibson: I take it as my lawyer, representing me, you are comfortable is that right? Mr. Frates: Yes, and I wish I could reply to Mr. Plummer, but I don't think it's appropriate at this time. Rev. Gibson: All right, I defer to your wisdom. All right, sir, call the roll. The following motion was introduced by Mayor Ferret who moved its adoption: ,,220 4 t Y MOTION NO. 81-568 A MOTION OF THE CITY COMMISSION INSTRUCTING ITS SPECIAL COUNSEL WILLIAM FRATES TO CONCLUDE ALL LEGAL MATTERS PENDING CONCERNING THE PURCHASE OF THE F.E.C. PROPERTY ON BISCAYNE BOULEBARD USING INTERAMA FUNDS, PROVIDED THAT USE OF SUCH FUNDS IS LEGAL, TO COVER FOR THE SHORTFALL IN EXCESS OF THE APPROXIMATELY $20,000,000 PRESENTLY EXISTING IN THE FUND; FURTHER DIRECTING THE CITY MANAGER TO SEEK ALTERNATIVE FUND- ING SOURCES TO MAKE UP THE SHORTFALL. Upon being seconded by Commissioner Lacasa, adopted by the following vote: AXES: NOES: ABSENT: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson the motion was passed and Mayor Maurice A. Ferre`4"+ Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo. k s fi0RN�rp4`Gf V Iry th�a i:�� r�� " k �"7 f M1Fa`"f 'tlHl !! l� A i f74`lu,?ikd'P� -`�i ,� f n'uy{i5 7 f -i+ ,k F { Y f 4 fz #>^�".Y�7Y fwC'�k 2 3'i5�' { g� + s T7 MAyot Ferree (continued) is a fnajor Victory and concludes a war. I think it is very symbolic that it is being, hopefully, at least technically con- cluded the day after Mr. Ball passed away. A lot of people had a lot of negative thoughts about Mr: Ball. I thought he was a giant. I didn't agree with him on a lot of things, but he was a giant, he was a man whose likelihooe we won't see many people like that in the future. He was a man of great stature in many,many way. This piece of property is an absolutely crucial -piece for the future of this community downtown eiialI,i,' is downtown Dade County, it will be the center of Florida. Ten years from now, this will be the hub, the center of a state, one of the major states of this country. Twelve million dollars was a lot of money, that's what the people votea for anc it wasn't twelVe million dollars, it was forty some odd million dollars, of which twenty million was earmarked for the downtown area, actually it was more than that. Do you remember, Marty, it was twenty-five million,, thank remember the figure. Twenty-four and half million dollars was voted for ar.a the bond issue, those of you that were here then and voted for it, will remember did not specify which piece of property was to be purchased, that's why we dropped the BallPointpiece and we allocated those funds for the purchase of this particular piece, because of the two, we concluded that this was the ,;ore important of the two. Now, that's what this Commission voted on....... Mr. Plummer: tvo, sir. Mayor Ferre: Well, I will stand corrected, but I will guarantee that the mo- tion at that time was one of the reasons we dropped the lawsuit on the Ballpoint piece was because we concluded this was the riore important of tine two pieces and we were going to use our money for that. The. next thin,; t:.ut 1 want to say on that is that the twelve million dollars of ten years ago, if you look at the inflation factor of what money is worth, it's worth twenty- four million dollars today. And so, I stand on that point. And I vote yes. Mr. Frates: Mayor, may I add one point here that I think is very important to bear in mind, the City is getting this property, Mr. Plummer, for seventeen million -five hundred thousand dollars. A piece of property, because the in- terest is five or six million dollars, we'd like to take credit for that. Mr. Plummer: You should. Mr. Frates; But it was not something that the City had to paid out. You're getting a piece of property that is valued between fifty million to seventy-five and one of them went to a hundred, for an actual outlay of seventeen million five hundred thousand, and I think it's one of the real bargains. We would have liked to have had a Lesser burden. We think that the judge w3s.wrong,but 1 guess these things happen in courtroom, 'we feel that we nave a wOu a6u meritorius appeal, but you're also facing the fact that you might en:' up with more. But the basic thing is you're getting this property for seven- teen million five -hundred thousand dollars and I think it's one of the greatest bargains. Mayor Ferre: Mr. Frates, not only did we win the battle, we won the war and it's all over. Mr. Plummer: Mr, Mayor, may I...... Mayor Ferre: There's one more vote to be made,' i y Mr. Ongie: Mr. Plummer? i>tts"k3�r",'"� Mr, Plummer: I vote no., a z ti ore i ern 1 #� " �� sd�`s'tn ,�f,t'" fir. Mr, Ongie: Vice -Mayor Gibson? � � ,, ;. l,� i„ i � k i �- , i� Y ilk r _ i fr { d kii- a Rev, Gibson; Yes, ON ROLL CALL: Mr. Plummer; Let me respond to your comment because your favorite target my estimation was and was expressed at the time, that in fact was the deci�- inn factor. Gt me revert batik and 1 very vividly recall that the bond issue 121 J U N, d'a .t2 'iuNlb.RY'rf�''14 }N k'iYnNn � 2 'L. i-%r I n I' Mr, numer: (continuad) for that acquisitioh of two parcels was twenty million dollars. The appraiser came in on the property in question right now at twalve,and the Ball point at eight. if you recall, Mr. Mayor, there was a law- suit going on. You will also recall that the Miami Herald came out with an article that scared the pants off all of us, talking about there was an offer on the parcel of thirty one million dollars and blew us right out of our mind and that's when the money was switched from two parcels to one and we withdrew our fangs on Ballpoint, because we knew that we had to lose after that article hit the paper, a super inflated price which never was paid by the way, but appeared as a rumor in the paper and that's what blew us out the saddle, so I just want the record to be clear that there's no "ifs" "ands" and "buts" about it. Mayor Ferre: J. L., that's fine, that's your recollection. My recollection is that we dropped the lawsuit and we gave up Ball Point because we wanted to concentrate on purchasing this property and today hopefully concludes that. Mr. Marty Fine: Mr. Mayor, may I just take a moment on behalf of the Chamber, to thank you and your colleagues and the staff, for your great vision and fore- sight in acquiring this. I think the problem really is that you're paying in today's dollars for future generations just as past generations have paid for us and I'djust like to say I like to commend you on your selection of, I think, one of the great leading attorneys in Florida and also, I want to tell Mr. Frates that I'm not Ron Fine, I'm Marty Fine. Mr. Plummer: Let me just ask one question, so that we're clear. Mr. Mayor, where are we ifs per -chancel the Interama money cannot be used? Mayor Ferre: Well, we're back here before the Commission for discussion. Mr. Plummer: But, we've just in effect dropped the appeal. Mayor Ferre: No, sir. There were two conditions to the motion that I made. One was that the cross -appeal also be dropped, obviously, including the ICC lawsuit. The second thing was that... and Marty Fine amended my motion and requested that I amend it and I did and accepted it, which was that if the Interama funds were not acceptable the Manager come back and identify other sources of money that might be available. Now, the point, however, is, I'm sure,that you will find, Mr. Plummer, that with the first resolution we will make the Interama money acceptable legally. Mr. Plummer: Based on your second motion, I sure hope so. Rev. Gibson: All right. Thank you, sir. MR. Richard E. Briggs: Mr. Mayor, may I say something on behalf of the Florida Maritime Museum? My name is Richard E. Briggs, I'm the Acting Director of the Florida Maritime Museum and we, too, would like to congratulate you and the Commission for taking this action with the FEC property. At the same time, we would like to remind the Commission that the dream that growing numbers of people who a.L,- working on this project have, is that the whole -deep water slip, wnich includes partly the FEC property, be surrounded by a Maritime 24useum Complex. My point is that in this first motion you made, which I didn't have a chance to get my two cents worth in, if you could.in considering this further and as you say, it's not locked in concrete, that within the limits of legal restric- tions that you have that consideration be made for activities, auditoriums perhaps and other Wings that... Mayor Ferre: Mr. Briggs, if it meets with the concurrence, and you have to have 100% concurrence of all members of the Commission who voted for this, I would happily instruct the Clerk to include in my first motion, "auditoriums, mari- time museums, and other sports, tourists and entertainment facilities" and I hope, as Marty Fine said, that we make it as broad as we can. Is that accept - Able, Mr. Lacasa? Father Gibson, is that acceptable to you? All right, then the Clerk is instructed to so include that broadening language. Okay.? Thank you, Mr. Briggs. rw JUN 2 51981 � 40. LOW AND MODERATE INCOME RENTAL HOUSINU-: INSTRUCT CITY P7iNAGER TO PUT OUT R.F.P.'s FOR FIRST L4ITS Mayor Ferre: Discussion on low and moderate income rental housing develop;ent. All right, that's the next issue before. It's Item #G. Mr. Gary: I'd like the staff of Community Development to give a briefing on this item. Ms. Dena Spillman: Mayor and members of the Commission, we have held many, discussion with you previously regarding the dire housing problem in the City of Miami. We have had several meetings regardin rental control and we've dis- cussed this issue many times. During these discussion, you've asked staff t:- work, to go back, review the situation and see if we could come with some pro- posals to use our housing bond money, our general obligation bond money, to produce low and moderate income housing in the city. we've spent the past few months working with our housing financial advisor, Evison Dodge, from Minneapolis. We've talked to other cities who are working on similar projects and we've also talk -en tee local- developers to see what t;1i�;ut warn. ��e'%'V �'�.,�• to a few conclusions on the matter. The first conclusion that we've drawr, is that housing for low income people, very low income people, is very expensive. for the city to become involved in. Th, se kinds of programs have traditionally been a Federal responsibility, the public housing program, has already been Federally funded and we think that we should stay involved in these programs and get all available Federal resources that we can to provide low income housing. The second thing is that no matter what steps we take as a City we ae never going to solve the housing problem which exists today. We have 58,000 people who are in need of some sort of housing assistance it the City of Miami. And the third thing is that the private sector in this day and age cannot and will not build housing for low and or moderate income people, be- cause they can't make money doing and they're not going to do it. I'm going to ask Mr. Gireau to describe to you the proposal we'd like you to consider today. What we'd like to propose is using general obligation bond money in combination with mortgage revenue bonds to do a pilot project of up to 200 units of moderate income housing under this financing mechanism to see how it works. We thing its a very positive step for the City, it's a step towards providing more housing for income group that is in dire need of housing and I'm aoinq to ask Mr. Gireau to describe it to you at this time. The package we handed out to you is basically the same thing that you have in your previous package, it's just in an easier format. Mr. Jerry Gireau: I'd like to refer you to page 8 of the report that was just handed out. Here we find put together pro-formas for 4 identical 100 unit, 2-Bedroom apartment complexes. We chose to use 2-bedroom anartments in pre- paring the pro -forma because those the size units that are in the shortest supply and where ••- have the greatest need. The differences relate really in the pro-formas and I'm going to get into the rents in just a second, to the amount of City financial participation that would be available to private sponsors of this housing, okay. The project with the lowest rents, if you will look on F)age 8, that's Project D, you can see that the rents are $414 a memth on t.hv averarat, and I' 11 Speak to you about that in just a minute, happened to bo the- projects that reequirc the Greatest level of city assistance. The th,it we're t,,lkir,g about tikes several forms. One of the forms is I.,tcei arqui si tiwe and it,.,; :,u.bsequent write -down of the land to a certain value which for t}w purposes of pro -forma is about 51 of what the value of the land would twe worth on they market. The other form of assistance or one of the key forms is tax exempt financing, which will allow private developers to get be- low market permanent and interim financing for the projects. To give you an example, permanent financing right now, the latest quote I've got from about 3 different local institutions for a project like this, is 16 1/2%. We're calculating that with the issue of tax exempt mortgage rather than bonds, we could get the interest down to the neighborhood of 11%. The other form of assistance and I'm going to talk about in relation to the low income model, is 123 • (�ireaut (continued) direct City project financing Attistance to #ven further reduce the permanent interim financing rate. Both the land acquisition assistance And the direct city financing, as Ms. Spillman said, are proposed to be funded with general housing bond proceeds. If you look back on page 8 to Project D, this project is the one that has rents afforable to the upper range of low income families, and we're talking about low income family of four and we're talking of incomes approaching 80% of median for this area, the median income is $20,700 a year, trended to next year and we use next year because we've trended the whole project. The level of city bond funding that would be necessary to get the rents down to this level and admitedly, this housing, as Ms. Spillman said, is not for very low income families, is pretty extensive looking at a 100 unit project. All in all, the cost to the city, if we use GO bonds would be around $3,343,290which would be paid out to reduce paid up debt service over a 15 year period on assumption of the model. This is very very expensive. Let's look just a second at Project C. This is a project that is intended to provide affordable housing for families in the moderate income range. Project C requires city's assistance in land acquisition that is assembly and what I'm calling for the purposes of the discussion, a write- down, actually it would be a high bid, in order to do that the City would occur a debt over a 15 year period of about a million dollars to produce 100 units. Now, I want to preface what I just said by repeating and saying that this model project. We talked to a number of developers about putting together a project like this, what i would take in terms of cash return on equity investment, what construction costs might be expeected to be,what interests rates might be expected to be when we put this project together. The City's contribution for the moderate income project could be substantially lower, that is going to depend on all, how those variables play out, when we get out into the real world of putting a project together. I'd also like to say that with the moderate income model the cash ret•,rn on investment is fairly low. There are opportunities for the private sponsor relative to realize substantial benefits and syndication fees and other kinds of ancillary income to the project. I'd like to say that in putting together a model like this it would be our intention not to have intense development, but to try to scatter the project so we don't have a 100 units on an acre and I'm responding directly to Father Gibson's comment on how we want to put this project together. If it turns out that the cost of the land is going to be higher that way if we want reduced density what we're going to have to do is come back to the Commission and say, "Well, now, based on real world costs it might cost up to this much in City contribution to the project". I'd also like to say that there are a number of opportunities in putting together a project like this to convert a rental project later on in the project life to home ownership through a con- version process and I'm responding there to something one of the Commissioners suggested that we look into as well. The sketch that was passed to you shows a 650 square foot apartment and that meets the City's code. Mayor Ferre: Mr. Gireau, in your study and under the estimates of what you've done here, with the 24 million dollars that the City has available under the GO bonds that were approved by the electorate four years ago, can the City afford 1,000 units assuming that we use unlimited financing from the private sector in conjunction with our monies? Mr. Gireau: Okay. Let me beeak to that a little bit. When we're talking here about 100 unit projects, which, you know, an average sized developer could undertake and we could get housing underway fairly quickly, with a project the scale of a 1,000 units we would realize substantial costs depending on the sites that were selected, we could realize costs savings in land acquisition, a 1,000 bathtubs are cheaper than 100. Mayor Ferre: Let me put it to you this way. What my intention in this would be and I would at the appropriate time and if somebody else doesn't move it, I'd like to move in this way. To authorize the administration to take RFP's by August, if possible, wherein we would go out and get a master developer, see, you know like the Rouse Company does and some of these things where or whoever, where we put out bids and we get a master developer to come in to build a 1,000 units of which we would first build 100 moderate and 100 low, so that we'd get an actual experience base to go on and from then proceed with the other 800. Mr. Gireau: Yes, the answer is yes. 124 &r i T4'M1faF �.ffl �ppF a r �t fir' r ,1 �- r i � P FRRt } i K t k ry Er t:4 5 tr i s it � t.: MAy6r Verret That's the direction that I, for one, want to go in and want to talk to it a little later on, but thanks for the answer, Before we get to you, Sit, I'll open it for questions from members of the Commission or comments. Mr. Lacasa: All I say, Mr. mayor, is that this is the first realistic plan that I see that has been recommended by the staff to the City Commission. we do have, as we've discussed many times, a tremendous problem of housing which obviously the City of Miami by itself cannot solve, because we lack the re- sources. The only, therefore, is to go the route of the joint venture with private enterprise and this particular project is a very realistic one and I congratulate you people for coming to this idea and I vote for it wholeheartedly. Mr. Gireau: Thank you, Commissioner. Mayor Ferre: Yes, sir. Mr. Sam Marks: My name is Sam Marks. I'm a builder/developer, ex -banker and been in Dade County for over 50 years. The whole concept of which you've just discussed is absolutely wrong both for the City and for those involved. What we have to do in this community is get away from density housing, that is not the answer to the low or the low income people. What they need today more than ever is homes, individual homes. Can you hear me? I usually speak without a mike, I used to peddle ice and they cc•ild hear me. Anyhow, in the more density, the more problems, the more crime. We certainly have enough examples in any density project we have now and for the City to get into it is another catas-rc- phe for the City. There are plently of developers with the hei; of Sam to adjust your number of 6 million dollars away for high-rise for chi dren is going to be a downfall in a year or two and I'm burnt about that problem, that would have built 150 houses for the poor people that need a house, that respect the possibility of o%minq a home with a little pride. I'm in the business from the ground up. You've got a Commissioner sitting hero that knows my business from A to Z. Mly family and I subsidized a 100 houses in Richmond Heights that is a proven success, were the same people that are going into these high-rises that eventually turns into a ghetto would take care of their own home, be- cause a little pride to it of ownership, the children behave better, there's no crime in residential areas as there is in concentrated apartment complexes and most of all, for this City to go into it and getting up to here, they've got enough problems as it is, is absolutely ridiculous. The answer is, as Mr. Uncle Sam through HUD and FHA, must do what they've done right after the War when they came out with a 90% deal to developers and when this gentleman says that nobody's interested, that is wrong. There's plenty of developers in- terested in putting up low rent houses, which today, and I'm speaking as a pro- fessional builder, can be built for the same price as you're going to build these high-rise apartments for. High-rise today, no matter how simple the de- sign, is $35 or $40 a foot. Mayor Ferre: We're not talking about high-rise. I don't know whyou keen saying high-rise. y Mr. Lacasa: First, let me ask you, because we're talking about the City of Miami, we're not talking about the rest of the County, so in the City of Miami to build a single residential unit, firs, where? That's my first question, because we do not have the vacant land to do that. Secondly, what the land cost per unit would be if we were to undertake such a problem? Thirdly, we have a situation where we're not dealing with projects of 150 or 200 residential units, our problem is much bigger than that. Our problem is in the thousands. Granted that even with type of a project we will be able to cope with the ques- tion of housing, but certainly going single residential units, we have even less opportunities, then what these people are proposing is not a high density type of development. Actually, I feel that it is even low density, because it's got the unit types, what they're proposing here, I even had a question When I first discussed first with Mr. Gireau and my question was I don't think You're utlizing the land to the utmost, based on the fact that we will have a t remi n.i.n1;; need for low ill c•ume housing and moderate income housing, so we're t .ilh in�l here ,about herd. You're comparing30 or 40 units per block, right? Some- thit►y loally low, something really low and I don't think quite frankly that we "ll col)" with this problem by going through residential units, single residential_ 4Ia3t :, }>ec,�u:,cr in the City of Miami, very simply, no land to do that. ?`% Sj7'"�u c i i" SF r a , Mt. Marks, bet ripe answer you on two things, one, which you say, land is ekPdhSiVe, correct, but the cost of single houses construction compared to high-rise costs is much less. Mr. Lacasa: As long as you talk about high-rise we are wasting our time. This is not a high rise. How many stories high is the projects you're propos- ing? Two levels? Three levels? That's no high-rise, so let's not talk about high rise any longer. Mr. Marks: Okay. Let's talk about main issue. Let's talk about the main issue. Density housing is not the answer to poor people. That is not the ans- wer. We must get these people homes that they can call their own, it can be done with very little subsidy, not by the City.... Mayor Ferre: Mr. Marks, that's all talk. Look, it's 1981. Would you tell me, I've been hearing this talk for 30 years. Tell me where in America any- body has done that? It's all talk. It's talk. Everybody says, "Oh, poor people need single houses and this and that". And next year, next year we are going to come through with a new program and when the Republicans got in and when the Democrats got in and when the next administration, we're going to solve your problem, tell me where the solution is? There is no... Mr. Marks: It.cannot be done unless we get grvernment subsidy on this. You can't do, the City of Miami can't do it, I can't do it. Mayor Ferre: Mr. Marks, we've got 24 million dollars that says that we can do it and I guarantee that if we work with the private sector, I'm sick and tired to getting a run around by Washington, both during the Nixon and the Ford and the Carter administration. I'm not going to let Mr. Carter off the hook. They are all to blame. I've got news for you. With all due respects to L. Landraii who was Secretary of Housing, they didn't do a damn thing. They talked and talked and they talked and they talked and the fact is, the City of Miami, has less housing and Metropolitan Dade County and I go to countries, poor countries, like Venezuela. We had the Minister here this morning. Like Spain, like Israel, where I just came back and they're doing a 100 times more for housing for poor people and all we do in this country is talk about it and I'm sick and tired of it. Mr. Lacasa: But besides that, let me tell you this, what we're being proposed here does not preclude the possibility of doing what you're saying. The fact that we do have certain availability of funds at this point and that we might be able to find some developers interested in this type of project, doesn't preclude the possibility of going to Uncle Sam as you say and find that land, and I don't know where it is, and try to develop a single residential units. We can only do two things, but one, I want to see something done now, be- cause is now when we have the need. Mr. Marks: I'm with you 100%. The land is 15 minutes from here. It's out of the city of Miami... Mr. Lacasa: I'm not interested in seeing land out of the city of Miami. We are here in the city of Miami and we have the box,.; _ssue to build with the city of Miami and we cannot use those bonds to go outside the city's limits. So the money has to be spent here within the city's limits... Mr. Marks: I'll just say one thing and I'm through. Listen to what I'm say- ing to you, two years from now you'll remember this. You would have been better off to donate that money to the outside County and let that go on and build homes, than you're creating more crime areas in this high=density stuff. Mayor Ferre: Mr. Marks, in the first place, we're not going to be putting a 1,000 units in one location, okay, so let's have an understanding. We're not talking about going out and buying a strip of land and putting a 1,000 units... let me finish. Number two, it is not limited to low income housing, it is low income and moderate housing, that we're talking about and we're going to try two private projects, a 100 units a piece, one for low income, one for moderate, let me finish. Now, the third thing I want to tell you, is that these are not high rises. These are going to be 2, 3 and maximum 4-story in small F— 126 JUN 251981 tffl+A '.Ftir Y?r.; S:Sy S v'yMt t -3i..yEEt z i I + s. i t'J „ Mayor Verfe: (continued) in small clusters, where we're not going to have 500 units all together. They're going to be all over this community, hopefully. We have to start with a pilot project so that they can prove the quality and We can prove the type of rental units that these are going to be. It is our intent and it is my hope, Mr. Gireau, that you come back with a proposal, con- cluding that after 15 years that the people that are renting these units have the right to own those units. Now, we have to go through, since we're going to the private sector, there has to be a process where there's ownership for depreciation purposes as you know and so that the person who owns these pro= jects gill eventually be able to sell them to the individual who will be using it and hopefully, what we're creating somewhere along the line is ownership of living units. Mr, Marks: Mr. Mayor, that sounds very good. Just let me give you a specific example, for 4 years I've been running a high class 48-unit apartment, ten minutes from here, in a very prime location with nice people and either 30 days a month, 12 months a year, to keep it from becoming a ghetto, t;at it has become in the last 2 months that I sold it. And you tell me that 100 units will be nice and clean and everything is fine and 16 years they'll buy it. Mayor Ferre: Mr. Marks, the alternative is, nothing, that is what has beer done up until now, nothing. Now, Mr. Gireau or Ms. Spillman, the City of Mliarrii turned over its Housing Authoritv to :Setro about 10 vears ago. As I recall, at the time, we had built around..what 10 or 11 thousand un ts, do you recall? How many do they have now? Twenty? What? We owned 4 thousand units, the; built 6 thousand units since we turned it over the past decade. :pow, 1 want to tell you, that this community, when I'm talking about this community, I'm talking a 1,?00,000 people of which 400,000 people live in the city of Miami, there are a lot of poor people here. There is a list of 20,000 human beings that are waiting for housing. Who is building the housing? Where is it? Who is doing it? Mr. Marks: The set up is provided for by the government. It's not your fault. Mayor Ferro: And, therefore, we blame Washington and we sit down and do nothing, which is the traditional solution in America, for the problem of the urban poor and the middle class, who now are also precluded from housing and those of you who are lucky to have a house, I ask you, how about those that don't have that opportunity to own a house? Am I going to say, "Let's blame Washington. Let's blame Nixon, he, by God, is to blame and let's hlame Ford. blame Carter and let's blame the Congress that hasn't anything for housing in comparison to its needs". When President Nixon was inaugurated, in his inaugural address, he said, "This Country needs two million housing units a year" and that I would like to remind you is more than a decade ago when Pre- sident Nixon was inaugurated in his first term and in 12 years since he has made that statement we have not once come close to 2,000,000 houses a year. Let me further state to me, that if we did half as good as the State of Israel does in providing housing for people and I want to tell you tha they're not single family houses, they're talking about 5 and 6 story houses and they provide people, they provide housing for people, any country in Europe, Portugal, Italy, Denmark, you name it and they're building more houses than the United States is. Now, there's got to the something wrong with the way we're doing it. Now, I agree with you the problem is in Washington, but if we sit and wait for Washing- ton to solve the problem, I'm going to make prediction that we're going to sit around another 10 years, in the meantime, our 24 million dollars is staying there unused and in my opinion, we have a mandate from the voters of Miami and we're going to live up to that mandate and build a 1,000 units of housing. Mr. Marks: I wish you the best of luck. Ms. Jackie Bell: Mr. Mayor and Commissioners, I'm Jackie Bell and I would like to commend Ms. Spillman and her department on something that is innovative as housing. In the Overtown area we have the worst housing that you could imagine and we , as Black people, need to have some decent housing and I would love to work with you so that if the communities in which we're talking about, may be it's a possibilitiy that we could use a community based organization, such as the local development corporation, which can also leverage other dollars along with the dollars we have through the Small Business Administration and things 127 + 1 r" r" j U A L 1901 FM Mo. tell: (continued) like that and we move today that you vote and get this happening in our community because we need it. Thank you. Mayor Ferre: Father Gibson, I would like to pass the gavel over to you and to move, Sir, that the Commission instruct the administration based on the Memoradum dated June 18th entitled "Low and Moderate Income Rental Housing Development" that an RFP put out immediately, but no later than August for a toaster developer that we move in the direction of building of 1,000 living units in low rise, non-contiguous basis, that we start out with a 100 units of low income, a 100 units of moderate income on a test basis and that we tell our Bond Counsel to start preparing the legal documentation for the issuance of the bonds so that we can at the proper time and the market improves, which I hope it will improve in August or September and hopefully towards the end of the year, that with our high rating that the City of Miami has since these are GO bonds go out to market, sell the bonds, get the master developer, start the procedure of building these 200 test units and that we get going on this matter forwith, I so move. Mr. Lacasa: Seconded. Rev. Gibson: Is there discussion? All right, call the roll, please. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 81-569 A MOTION ACCEPTING THE CITY MANAGER'S RECOMMENDATIONS AS OUTLINED IN MEMORANDUM DATED JUNE18TH CONCERNING LOW AND MODERATE INCOME HOUSING DEVELOPMENT IN THE CITY OF MIAMI AND INSTRUCTING THE CITY MANAGER TO IMMEDIATELY PUT OUT RFP' S SOLICITING A MASTER DEVELOPER TO COME IN AND BUILD FOR OUR CITY 1,000 UNITS OF WHICH THE FIRST 100 UNITS WOULD BE MODERATE, AND THE NEXT 100 UNITS WOULD BE LOW INCOME DEVELOPMENT, IN ORDER THAT WE MIGHT BUILD AN ACTUAL fS BASE OF EXPERIENCE FROM WHICH TO PROCEED TO BUILD THE REMAINING 800 UNITS; AND FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT OUR BOND COUNSEL TO PREPARE THE LEGAL DOCUMENTATION FOR A FUTURE B.O. BOND ISSUE WHICH WOULD BE SOLD IN ORDER THAT THE AFORE -MENTIONED PLANS MAY BE IMPLEMENTED. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Mr. Plummer, NOES: None. ABSENT: Mr. Carollo. Mr. Ongie: Mayor Ferre: Mr. Ongie: Mr. Plummer Mr. Ongie: Mr. Lacasa: Mr. Ongie: Rev. Gibson: ON ROLL CALL Rev. Gibson, Mayor Ferre? Yes. Mr. Plummer? Yes. Mr. Lacasa? Yes. Vice -Mayor Gibsc Yes. Anything 01607 128 �y �ka'.A' �•.itnr t'fiy .nr •9'f 'x ti ` s4` �xr f � a r of 6 Mg. ftillM&n: Thank you vety thuth► Mayor Ferre: Thank you and congratulations to you; Dena and to Jetty fOt a very resourceful conclusion. We've been at for 2 years, but I think it was well worth it if you can get this thing going now. Now, let's see if we can take the next step forward. 41. E:M .PTIONS TO HIRING FREEZE TO CERTAIN CITY DEPAR TIr2:;4TS. Mayor Ferre: In the agenda, the next item, I think, is "H". Anybody have problem with that? Mr. Manager, has I read "H", you are talking about a Clerk II and the Typist Clerk I, is that correct? Mr. Gary: Well, we have one Typist Clerk III in internal audit and this is the only position that they have, they're working now without any clerical assistance. Mayor Ferre: I've got a memorandum here dated June 12th signed by Abelardo Garces and its says "A request to unfreeze vacant position", is that what we're talking about? Mr. Gary: Okay, you're on another one. I'll deal with that first. Mayor Ferre: Well, that's what "H" is in my packet. Now, there's another one that talks about a Typist Clerk III position for the Office of InternalAudits.. Mr. Gary: Yes, that was the one I was talking about first. Mayor Ferre: So, are these the 3 that we're dealing with? Mr. Gary Yes, and just recently received one, okay, you have 'that— Garees's, from the Building Department. Mayor Ferre: This is for a Clerk II and a Typist Clerk I? Mr. Gary: Yes, sir. Mayor Ferre: Are there motions to approve these 3 positions? It's okay with you, it's okay with you, all right,, Plummer moves, Gibson seconds, that a Clerk II and a Typist Clerk I for the Department of Building and Zoning In- spection Department and a Typist Clerk III for the Office of the Internal°Aucaits be approved and therefore, excluded from the hiring freeze. Mr. Gary: Mr. Mayor, right behind the one from Building, you'll see an Accountant I, also, in the Purchasing Division. That's the last one. Mayor Ferre: Is that acceptable to you? Acccountant I, J.L., is that acceptable? Mr. Plummer: It's part of the Booz Allen, as I understand. Mayor Ferre: All right, an Accountant I in Purchasing. Those 4 positions, is that correct? Mr. Gary: Two others, and I'm sorry. Orange Bowl and this is serious one for us, also. We presently have 24 hour watchmen service, presently have 4 _ Civil Service positions as well as 3 CETA positions. We've lost the 3 CETA end the othor 4 that remaining in General Fund, we only have 2 filled and we've got to cover the Miami Stadium and the Orange Bowl on a 24 hour basis and we're asking that the 2 vacznies in the General Fund be filled also. Mayor Ferre; Is that acceptable? 129 JuN ,f rt Mr. Gary: Mr. Commissioner, I think that one of the things that we've been trying to do and that's the reason why we hired Booz Allen is to limit the use of police personnel in those cases where we can use civilians at a cheaper rate. Now, these watchmen also serve at the Miami Stadium, which does not have one of those fence and I think that at the last meeting Father Gibson brought the fact that even you've got the fence and the barbed wire it still doesn't keep people from coming in and I think it's worth the invest- ment to have those watchmen there for a 24 hour basis, particularly, when we get into the seasons. Mr. Plummer: well, Howard, I'll tell you what, old buddy, I'm going to go along with you, but I'm going to remind you of it when you talk about the 5 to 700 layoffs, because it's going to be a matter of priority. I don't agree with that which was asked of me by a local newspaper, "Is it bullets or butter". I don't agree with that kind of statement, okay, but I want to tell you something we are coming to the countdown. The countdown is October 1st and October 1st, if I'm sitting here looking at a policeman or a watchman, I'm going to tell you which way I'm going, so I hope this guy that you hire is a watchman, let'him know that he's on a probation which might be terminated very quickly. Mr. Gary: If I could add something to that, Commissioner, this is in Enterprize Fund and our revenues are dependent upon the type of services we provided. Mr. Plummer: Friend, let me tell you something. Whether it comes from revenue or that poor guy that gets all the time, the taxpayer and the ad valoreum or the Federal government, it's still my dollar. Okay. So don't tell me it comes from somewhere else and it doesn't hurt half way as bad, it's still my dollars. Mayor Ferre: Okay, then we're also adding 2 additional people and that on the hiring... Mr. Gary: Two watchmen position. Mayor Ferre: Exclusion from hiring freeze, these are 2 people for the Civil Service Watchmen positions. Mr. Gary: yes, sir. Mr. Plummer: Let me ask another question, Mr. Mayor, are we going to ratify those positions of Mr. Gary's that were in discussion at the last meeting? Mayor Ferre: Well, I think we need a full Commission for that. I've got no problems and I'm going to vote for them, for your information. Mr. Plummer: Well, suppose... Mayor Ferre: But I would want to give a courtesy of their being here and I would ask that this be put early on the agenda, let's say at 10 o'clock be- cause that when some of the members of the Commission get here. Further dis- cussion on item "H"? Call the roll. 10V JUN 25 " �1 AYES: NOES; .x4�i,.�h r r ��: y'x'`{t�t� �kt4 t fl yp r {{ c }� k t s '{s'a�S�r` eK'S ri � 44G -0 he foll6wihq inotiofl was ihttodiided by Coftifriittiohet Pluif tef z 6� fig it c�dptiof�: , Mr. Plummer, Rev. Gibson and Mayor Ferre. _r None. ABSENT: Mr. Carollo and Mr. Lacasa. Ongie: : Mr. Plummer? Mr. g Mr. Plummer: Reluctantly, es. i 5' �i ,w �� 4 4q'"Sh' sr•sftivx '� s y 4�+ 4'� Nr � J�fit i 1r . _ Mr. Ongie: Rev. Gibson? K N Rev. Gibson: Yes.53 fixq�s�; u Mr. Ongie: Mayor Ferre? r r Mayor Ferre: Yes. ON ROLL CALL: Rev. Gibson: Mr. Mayor, may I make an observation. Mr. Manager, I would hope that as we fill any and all positions from here on that we fill them with the full knowledge of what Booz Allen has said and I hope that as we employ these people that they be well qualified and that you could carry out what we're paying Booz Allen to tell us to do. Don't just go out hiring people now, because I'm going to be angry. Mr. Plummer: October 1st, I think we're going to be looking at the other way and hopefully that is a lot of thought being given by the Manager and that is saving the best of what we have. Rev. Gibson: That's right, just because they're hiring people we might need to take a second look at the people who are already employed rather than let them go. We may have to switch those people if we can switch them to give us a more efficient and economical use. y:'. A1'1'M;VL SELECTION BY CO!-".PFTITI%E S LECTIO!� CO.12=TEE DESIGN A!''11 CONSTRUCTION OF DOCKMASTERS OFFICE AT DINNER KEY. Mayor Terre; All right, the next. item the people are on is 18. 18 and 19 wti'll take up now, then after that Ladies and Gentlemen, I think we're in the of t.urnoon session acid we'll take up 44. 131 J U " G v PIT fff k5f 2 �1M.u1Ni'�,� !-� yy J` A if .z� r 3 qq 'i yy3 t 2eys �r rt Mt, Cary Mayor# Cott itsioners. the 18 and 19 pritharily deal with the eafh§ion of the marina and the re -building or refurbishing of the dock Master's house. Now, what I'd like to do, because some questions have been, raised, 18 deals with the construction of the dock master's house at $20- $25,000 and the second item deals with the expansion of the marina, which is conditioned upon the completion of the permitting process and sale of revenue bonds. At this time, I would like for Mr. Morris Kaufman, who is in charge of the selection process, to discuss the procedure we followed s well as what is anticipated to be done in both of these items. Mr. Morris Kaufman: Mr. Mayor, members of the Commission. Procedure that we followed has been outlined in a memorandum that I sent to the City Manager and a copy to the City Clerk dated June the 12th. The procedure follows ex- actly the procedures of 18-77 of the City Code, essentially, the procedure consisted of 2 steps in which in the first step, in response to advertising a committee which was appointed by the City Manager of which I was the Chair- man approved by the City Commission, met, we set criteria, we then evaluated 25 firms who had responded to the advertisement, selected 6 firms to make a presentation and we also at that time set the criteria for the presentation. We then invited the 6 firms, they each made their presentation, after which the and during which, we evaluated each of the firms on their presentation, total up the votes and came out with a rank order which is in front of you in form of the resolution. With that, it was the end of the procedure and all the information is in this report. Rev. Gibson: All right, so where do we go now? Mr. Plummer: Well, let me ask a question just on what you've said so far, Mr. Kaufman, that you established this criteria on the 12th of June. Mr. Kaufman: No, not on the 12th of June. The criteria was established prior to that. Mr. Plummer: You gave it to the Manager on the 12th of June? Mr. Kaufman: No the report. After we've, that is after the Committee, had finished it's deliberation and made a recommendation to the City Manager, then I prepared this report, which outlined and detailed exactly what was done throughout the procedure. This report is what is done after every selection procedure. And it complies with Section 1877.2, paragraph G of the City Code. Mr. Plummer: So, what you're saying is that you filed this report after the interviews? Mr. Kaufman: After the procedures, yes sir. Mr. Plummer: After the procedure had already been used? Mr. Kaufman: Yes, sir. Mr. Plummer: And according to an article I read in the paper today, would you please speak to the article which states that the company that you have rated number one, basically, is a company which has been involved, I think, "paving, drainage and seawall". Mr. Kaufman: I haven't read the paper, Mr. Commissioner. Mr. Plummer: Would you like a copy of it, sir, before you respond to it? Mr. Kaufman: If you let me, take a minute to read the... Mr. Plummer: Please do,sir, okay. Mayor Ferre: Are these the people who are associated with that California firm or Hawaiian firm or something that did some work? They were. And they Are experts in marina, is that. correct? 132 ,SUN 2 51981 all, Bob, except they show in of a 4 million dollar project Mr. Traugott: I don't think that they alleged that was their 4 million dollar project. That is the scope of that project..; Mr. Plummer: Here it is. I mean, they are asked... Mr. Traugott: There's was nobody on that Committee yIril)S'eFNl31r is t-Rk 'lvnii t C4 t,3J`„t 1 ¢.zt;r & `+ 4- ii ai J Rfs Plu1'iiifiet., Nor they're notrand that's sty point, Mr, Mayor, I will get intao that in just a moment. The thing I'm really really getting to,Mr. Mayor, is I have to seriously question whether competitive bidding was even real!;, the situation that existed or not and I predicate that on, Mr. Mayor, the sub- Mittal of the company who was recommended and in their own report, they show as one of the things that they've done is the "reconstruction and expansion of Dinner Key Slips, Miami, Florida for 4 million dollars" and I just wonderino is the cart before the horse. What I'm saying —Mr. Gary, don't look puzzled, if I ram, re -state it for you, sir, this is the submittal of the company that was chosen. This submittal before interview or anything, they show that one of the projects that is theirs, this is theirs not mine, Sir...number 19 is the "reconstruction and expansion of the Dinner Key Marina, 557 slips, Miami, Florida, the city of Miami, Florida for 4 million dollars in 1981". Now, let me pursue it, okay, Bob. Now, you know, something like that has to seriously question, seriously, and especially, Mr. Gary, it has to question when a few of these firms that are on this list and I hope you've looked at the 25 firms that are involved, have been deeply, deeply involved in marinas. I'm not talking about seawalls or paving or drainage. I'm talking about actual building of marinas and when I look at the criteria here, you know, Angler's Cove, would give the impression that angler's is boating, but what it is 44e units for an apartment house, lime tree estates, Cape Florida, Seawall and mmarina. All I'm saying to you is that this information from the article has raised some serious questions that I feel have got to be answered and you know, wl-.en you read something like this, when you brought me this morning and I saw this here, one must question very seriously if competitive bidding really was, when in fact one company says, "Hey, before anyone is ever interviewed, that's my project". Mr. Bob Traugott: Hay I answer that question, %It. Plummer? Vx. Plummer: Sure, sure, please. Mr. Traugott: I can tell you because that firm has been working now for 5 years on that project, they've been working, they've made 14 different concepts on that drawing for permitting agencies throughout this State, for the water- front Board, for the Miami City Commission, yes, they've been working on the Miami Dinner Key Marina for 5 years and at the expense of Biscayne Recreational Development Company. Mr. Plummer: I have no problem with that at their prospective that they are the recipient that they're not. They bid for that. that did not know that was what the Crowder Company was saving. but everyone knew that the Dinner Key Marina had not been built. Mr. Plummer: Bob, my dear friend, I did not generate the article in the news- paper. Mr. T1,111(lott.: I knew who did. I know a disgruntled employee, what I'm a little fold till with thi:; whole situation is that I have worked very diligently and 11.1t'd to tlut t hi:; packatle together and (let this marina on the road. Now, be- t here':: a dir;,lrunt led employee of the City of Miami who complains to ,A nvw:;lsalwr, everything goes up in smoke again. This time has been delayed time: and time and time again. Everybody who has been associated with us has been speared, there's been innuendoes made and I want to apologize for any- body that has to associate with me including this selection committee, be- cause everytime this happened there is an effort to spear these people and I'm sorry for it, I apologize for it and I don't what the reason is it for. 133 JUN 2 5 �1 M rR �Pe 5ii e Jf k z 4 r s rP + t '14 '� 'w. A P,fi . � x n _ ?,''q' U� 3a t i ~: .� t� t}.nA s 1 # B �ti P s Cr t ., s twit P id s tY. 3 t e9 } g 3 uu+ r u gg s 14r s i , biumfier: 136bi once again you might be absolutely tilht► okay, All f'rt §aying to you is that these questions were raised and I think they deitand a bwers. You've got to answer these questions. You cannot let go with a thing that says that these matters are innuendoes, I think they've got to be answered. I'm going to be bringing up something in a little while that's not going to very popular about a T. V. station that cans a certain sequence that I think this Commission needs answers on. I think there was an article that appeared in the paper about a place right down the street here, I want know about that and I don't want to read in the paper. I pay this man good money and this administration good money to give me answers and to give me factual information and I don't like reading about it in the newspaper first. I want to know so when that newspaper and that radio and that T.V. comes to me, I can say, "Yes, I know what the answers are". Now, I don't know the answers, I'm entitled to the answers, the public is entitled to the answers and that's all I'm saying. Mr. Traugott: That's absolutely right. Let me also suggest why this firm was selected over the others. I think this needs to be said. This firm has been working on this project for many years. I can bring, I had them bring all their papers here. This firm has a head start on any firm that made a presentation. Mayor Ferre: Bob., may I see if we can cut through on this. would you give Commissioner Plummer the best answer that you can and then I'm going to open this for a motion and there is and a second, then we move and if there isn't, as far as I'm concerned, then we'll have to deal with it separately. Mr. Kaufman: Commissioner Plummer, first of all, the newspaper has misquoted me.... Mr. Plummer: In what way, sir, please put it on the record if you have been misquoted. Mr. Kaufman: I'll go on the record. I was asked yesterday by Ms. Wilson about the selection process and essentially I told her the same thing. She asked why was firm number 1, number 2 and so forth. And I said they were all qualified firms in the opinion of the selection committee. The vote was very close as you can find in the record. And that, in my opinion and I was only speaking for myself as an individual and so forth, not as for any other member of the committee, because I only speak for my own actions, was that in any decision where you have qualified firms it's difficult to make a choice, how- ever, it's a democratic process, there's 6 indpendent votes and you take out whatever comes down the line and that's what I quoted to her. Now, that didn't get in here and so, you know, it says "as if I conceded something", I didn't concede anything. The article, you know, implies a lot of things that weren't there. I gave the reporter the information that's factual and it was twisted around. Now, you've asked some questions as to qualifications of this particu- lar firm. As Mr. Traugott has pointed out, this firm has worked on the master plan for Dinner Key for a number of years. They are in the middle of the permitting and engineering processes, so they are very well qualified, they know the project and they are probably as well as qualified and matter of fact, tr^ consensus of 6 individuals say they were the most qualified of 3 qualified firms and that's the story. There's nothing more to that. Mr. Plummer: Can you explain to me about the line in their submittal? Mr. Kaufman: Sir, they, everyone reviewed all the qualifications. They in- dicated some of the projects they worked on. They worked on the master plan of Dinner Key. Other firms have worked on Dinner Key and matter of fact, one of their consultants was a former City engineer, who actually designed Dinner Key, so as a team this firm was very qualified and as it turned out, they became the most qualified. Mr, Plummer: What you're saying and I understand you're only speaking for one member out of six out of the Committee, the rest will have to speak for themselves, what you're then saying to me, that you feel that this firm was better qualified than the other firms involved. 134 JUN 2 512C1 tY �� i � i ! Y 2 i zc�5 i `C, 4Aj 1 [ �` = If � � '��"f'i<' ty,y�Sf•� L"s� 7 4y..� �yxx13 ti'�kfil f !� jc� � ., ...�.Y1 #§. t" 161 } ,� .t: J2 F;fir{-' Hi d wtdri Y ?,�. t� £L L t Ii ,'yj,i'#45�'1h��S1 Y It v c, j �. 4�I t Y�Rj'�AY�, G iLsp I }�; t' i' t I '�L �41 S: ��At S',,., i �„ kS'-�i d#1 5 #�+ i f ,�: Y 7{� l '3 � 'mw f��e�+ � .#C"i �pyY.+.�^Cd'�'�t li Sri✓kz y^�i53}!f� `^� 2 y I M , f i ! Mt Kaufma.nt f0t a matter of degree and that's �s cortadtk` Mayor Ferre: Okay, let's hear from Mr. Thomas. Mt. John Thomas: Thank you, Mr. Mayor, for the record I'm John Thomas, I'm an attorney representing today Miami Marinas Association. Briefly, what we're talking about here, is a competitive bidding or competitive negotiation sit- uation, which by law requires a fair and impartial choice of the person to be accepted and awarded the bid. There are some questions that have been raised in the newspaper article and this is just the sort of thing that should be aired if there are any questions in a public forum. This City Commission has set up the Waterfront Board and the proper forum to advise on issues regarding waterfront. This issue has not gone to the Waterfront Board, we would simply request that this matter be sent to the Waterfront Board for their considera- tion. Thank you. Mr. Traugott: Mr. Mayor, the Waterfront Board has seen these plans, it has seen our concept many time and in fact, as far as the dock masters, the Water- front Board ordered this dock masters thing built many times ago. The selec- ton of an architect and an engineers has nothing to do with the Waterfront Board, it is guided by ordinance and State statute. It has not be any further delayed. Mayor Ferre: All right, what is the will of this Commdssion? We've heard all the arguements and I think it's time for us to come to a conclusion., one way or the other, what is the will of this Commission one more time on item 18? REv. Gibson: Mr...? Mr. Plummer: That's the dock master's office, correct? Mr. Kaufman: Yes, sir, it's both. All the 6 firms that were selected were given an opportunity to present their qualifications... Mayor Ferre: Mr. Kaufman, you're complicating the issue. I'm asking a simple question, what is the will of this Commission on item 18, which is before this Commission? Rev. Gibson: Mr. bSayor, I think that more than any member of this Commission, I bear the burden of that dock situation. In the midst of the hell that was raised...sister, you pray tonight, I beg the tenants out there said, "I promise you, if you would be patient I will get this matter solved". Five years of cross bearing, five solid years of cross bearing, we still have net done, wt: have not brought this thing to a conclusion and I keep saying to us, "If we operated our private businesses as we do on negotiations and with deali::.; wi:t: the people to do business with us, we would go broke and I admire and thirdly, for the record, I admire the patience of the people who must either build, con- struct or repair. My God, ordinarily you'd walk away from this business and say, "Forget it. I don't want no part". and with that heavy load on my shoulder, I want to offer #18 as recommended by the Manager. Mayor Ferre: Further discussion? Is there a second? Mr. Lacasa: Second Mr. Plummer: Question. Mr. Mayor, the $225,000 is that the cost of the architectural services? Mr, Kaufman: No, sir, that's the cost of the entire project, including the architectural services, Mr, Plununer: And from where are those funds coming? Mr. Gary: Capital In1pruvement Fund, they're already appropriated. Mgt', Koufmali; They've been appropriated, Mr, Plummer; $o, those funds are in order and there, And this is just 4 mOtion to send it to you to negotiate and come back with a final approval., 135 JUN ��,� w v qgig terry r tr t tt d2<E�tsZk(4 & a z xis f y� a s J} yt} �frrx t rr x ,1" Moil Mr Cary., Vet sit, With the firms in that order, Mayor Ferre: Heady? Call the roil. The following resolution was introduced by Cotrt►isaioner Gibsohj whO Moved its adoption: RESOLUTION NO. 81-571 A RESOLUTION APPROVING THE SELECTION BY THE COMPETITIVE SELECTION COMMITTEE OF THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES FOR THE DE- SIGN AND CONSTRUCTION OF THE DOCKMASTER'S OFFICE AT DINNER KEY MARINA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PRO- FESSIONAL SERVICES AGREEMENT; DIRECTING THE CITY MANAGER TO PRESENT A NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR APPROVAL; THIS PROJECT IS TO BE FUNDED UNDER THE CURRENT CAPITAL IMPROVEMENT PROGRAM PROJECT 08068 IN THE AMOUNT OF $225,000 AND/OR OTHER FINANCIAL ARRANGEMENTS AS MAY BE APPROVED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: NOES; ABSENT: Mr. Ongie: Rev. Gibson? Rev. Gibson: Yes. Mr. Ongie: Mr. Plummer? Mr. Plummer: Yes. Mr. Ongie: Mr. Lacasa? Mr. Lacasa: Yes. Mr. Ongie: Mayor Ferre? 10 43. APPROVE SELECTION MADE BY COMPETITIVE SELECTION COMMITTEE FF.OFESSIOI�AL/ARCHITECTURAL/ENGINEERING SERVICES FOR DINNER iTY MA.RINF. EXPANSION PROJECT. Mayor Ferre: Now, what's the will of the Commission on 19? Rev. Gibson: Mr. Mayor, I haven't said about what I said about 18. I don't think I need to repat myself, but I hope the public will understand. I find it hard to continue to denying the people who are going to use that dock or the service and also to have the people who are going to do the work, continually without and be delayed and therefore, if I do nothing else, I want that whole business going and say, ,Ewen. Glory. Hallelujah", I offer the #19 resolution 136 JUN 2 51981 F� 1 "� Rats Isel L f y iz 'zs x }�i ', SI Ir I tip$ x gng t : t 1 � 1H�� fr'}3�3 �"� t �i✓ � + C• '�' �" �"� � � �� i 4 1 1 r 9„��'�,��.��1��..'•}I. � � 'jl �; �t t� 5�7�x�c '� tr Ea S t �� '�`��-f i.��t`�'�"��-i,�-'° cs y,ig 15 '" SPf •y �. ", ri y. `ti fir, , S , r,r +` �3t t�` `�` s� "i '�' «t 1 '�- f r'It 1 i F . *'wk ii ah 4 t 1 C Rev, dibb6h: (cohuhued) as red6ffnehded by tht 'Matha MAy6t Perre: is there a secohV } t i;t b7P� yf0k ll�_k11i'ii l r 3 S GM'4:�5 -51 Mr. Lacasa: Second. Mayor Terre: Further discussion? Mr. Plummer: Under discussion, it is my understanding, on this motion that even though you complete a negotiated contract with this firm that it is sub- ject to and will not be enforced until the completion of the permitting pro- cess requird under local, State, Federal law governing the project. Mayor Ferre: It is very clear. I'll read it to you. It saes, "Co=,encer..ent of work under said agreements being conditioned: A. Upon completion of the permitting process required under local, State, and Federal law governing the project and, B. Upon issuance and sale of the revenue bonds in amounts sufficient to cover the costs of the project and/or other financial arrangements as may be approved by the City Commission". Couldn't be clearer. Further discussion? Call the roll. ------��--�.- .�.•.. �..v �..0 r.uaaa, �.a ava. �+a ia.<. L.Vi.L"L 1111 V(., SELECTION COMMITTEE OF THE MOST QUALIFIED FIRS TO PROVIDE PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES FOR MiE DE- SIGN AND CONSTRUCTION OF THE DINNER KEY MArJNA EXPANSION PROJECT; AUTHORIZING THE CITY MANAGER TO '.NEGOTIATE A PRC- FESSIONAL SERVICES AGREE=T; DIRECTING THE CITY RANAGER TO PRESENT A NEGOTIATED AGREEMENT TO THE CITY COM4ISSION FOR �NCEMENT OF WORK UNDER SAID AGREE.�:**T BEING APPROVAL; CObL' CONDITIONED: (a) UPON THE COMPLETION OF THE PERMITTING PROCESS REQUIRED L'NDER LOCAL, STATE AND FEDERAL LAW GOVERNING THE PROJECT AND (b) UPON ISSUANCE AND SALE OF REVENUE BONDS IN AN AMOUNT SUFFICIENT TO COVER THE COST OF It THE PROJECT AND/OR OTHER FINANCIAL ARRANGEMENTS AS MAY BE APPROVED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file'=5, in the Office of the City Clerk).r; y" Upon being seconded by Commissioner Lacasa, the resolution was ,.. passed and adopted by the following vote: E AYES: Mr. Lacasa, Rev. Gibson and Mayor Ferre.wrs NOES: Mr. Plummer. k ��t� R r ASSENT: Mr. Carollo. Mr. Ongie : Mr. Lacasa?t MxLacasa: /� �• . , Lacasa• , YeS MAN NMre on ie: Rev. Gibson? ri;�C^'X'4F"S'SdRJk1�ROMME5M., �V �Yes.1f,+r1i�afte.r Rev, Gibson:, y , r 1 s, Mx, Ong e; Mr, Plummer? ON ROLL CALL M-r, llwmll r; I sit here 404 bAVQ tQ MAQ 4 jUdgement on firms that I know and b0 iove to bq fl}e highppt Unlit , q �► T am not bound by the recommendation of 13 lUN 2 J �91 Rr Plu heir (continued) l appreciate their research+ their ihteltieWs to bring the facts before this Commission, at all times, l would encourage such, but, some of the firms that 1 personally know of the work in which they have done and the quality of work that they have done, I would not rank in this' order. I would rank them in a different order. I read the background of the firm that is recommended as number 1, I do not find the comfort in that company as great experience in marina expansion projects. They've done some accessory work to marinas, but in the other perspectives that are surrended by other companies, I feel their expertise are a great deal greater than this firm, not to say detrimental that this is not a good firm, but in my estima- tion there are firms that have greater expertise in the area and I'm dis- agreeing with the ranking, so my negative vote is based upon on that. Mr. Ongie: Mayor Ferre? Mayor Ferre: Well, let me say that I don't think I know Mr. Crawley nor do I know anybody in that firm that I can remember, maybe I've met them and apologize to those people if I've met them, but I certainly don't recall. Now, in the second place, I want to say, that I don't think ever have I voted against the recommendation of the staff in a selection committee that I can recall, now, there might be a first time and I certainly think that Plummer or anybody else in this Commission has the right to vote the way he sees it, so I've got no problems with that, I'm just saying that I've never voted different that I can recall. One time, as you recall Lester Pancoast, very angry with me because I followed the Manager's recommendation and was the sole descending vote on the design and administration building. Third point I want to make in this is the State law is very clear. State law says that either the Commission becomes the committee that decides who the professional con- tract is given to or we select the administration through a process that is set up to do that, I think that syste, works pretty good. There are 6 people who made the selection, is that correct? on that Board? And they selected Crawley and as far as I'm concerned it's a good system and I'm going to go with it. I vote with the recommendation. 44. RECONSIDERATION OF ACCEPTANCE OF COMPLETED WORK COCONUT GROVE COMMUNITY DEVELOPMENT PAVING PROJECT PHASE II (NO FURTHER ACTION WAS TAKEN). Mayor Ferre: Now, there's a gentlemen who has been patiently waiting and he says that we come with up a Committtee of the Whole item before it was adver- tised and he wanted to speak it and it was item 33 and it is the "Acceptance and Completion of Work of T & N Construction and the American Fidelity Fire Insurance Company, at a total cost of 189 assessing $9,630 in liquidated damages for 107 days overrun of contract time. Mr. Theodore Thermador: My name is Theodore Therma-2_-. I'm the contractor for T & N Construction Company and my job is to have the job done and I don't think it's been fair for them to penalize us, those aamages. To begin with when we got into that particular area, it was a very old area of the city and I had to collect about a foot and a half from their existing ground and I found an old watermain and since that moment I had 7 crews from Miami Dade Water and Sewer replacing the watermains, plus I had Southern Bell at the same time and I had to pull 5 times out of that particular job and also F & L , I couldn't work in that particular area because they were working on a high tension wires and many of men could have got killed in that area. There- fore the delays have been charged, I don't think they're mine and that is the why I am here. Mayor Ferre: Don or Vince? Anything you want to add to that? Mr. Vince Grimm; Well, Mr. Mayor, Mr. Cather is here and he can answer this specific questions, if you will look in your backup back sheets, you will find - that there was 74 slays of delay for which he was not charged, so his complaint 138 JUN 2519P1 1 ,,,. t r' d �a tom. Grit t: icontinued} ab6Ut b6ihq delayed by the utilities dothpahy he vas JiVeh credit for 50 days of that, that job just dragged out an ihordinately l6hCJ time and as you know the public works department hardly ever penalizes contractors when they make a diligent effort.. Mr. Thermador: Excuse me for a second. I have done 2 other jobs for the City of Miami and this is the first time I've been penalized in any job. This is not the first one I do. Mr. Grimm: I think that emphasizes my point. Mr, Gary: I'm going to stick by staff recommendation. Mayor ferre: Don, are you sure? You feel strongly about this? Rev. Gibson: What I am to understand is that you had a contract with us out in the Grove, is that right? Mr. Thermador: That's correct. Rev. Gibson And you said that was an old area, not that was an area where they had some old pipes and so on and in the process of working you damaged it and because of the.danger to the line, the Florida Power and Tight delayed you and the Water Department delayed you, is that what you're telling us? Mr. Thermador: Once I had 7 crews from the Water Department working and like I said, I had to pull 5 times out that particular job. Rev. Gibson: Did you tell the City of Miami that? Mr. Thermador: Of course, I did. �3=' Rev. Gibson: Did you show them? Mr. Thermador: Yes. Rev. Gibson: Mr. Grimm, I need a specific incident, you know, I don't mean just going taking them out, you know what I mean, I'm in sympathy with you, but, you know, we've got to say to the contractors, you know, man, "Hey, I'm in the midst of a thing, man, these contractors delay so long and sometimes I just wonder what's happening". PLease explain to me so I can sympathize with the man, fine, but I think if you've got 50 days credit out of 70, is that right? Mr. Grimm: Father, I'd like to recite these facts to you. Rev. Gibson: All right, good. Mr. Grimm: The total contract now was to be supposed to be completed in 80 days. Now, in addition to those 80 days we of extension and he still ran 107 days beyond that. tNoow,7that'stjustlun- reasonable. Mr. Thermador: Sir, if you were to be working on that area, you don't know, what we went through with that. Mr. Grimm: We've built streets in that area on 4 different occasions, Mr. Thermador: I know that. I did the other one. ' f Utz Rev. Gibson; Repeat those figures, I .... let me write, what dial you Mx, Grimm; The total contract time was 80 days, Rev. Gibson; 80 days, Mr. Grimm; in addition to delay that, we allowed 6 days for rain. 50 da s Y because of utilities, 14 days Y' for y because of trucker strike end4 days due icy a civil disturbance, you Xnow, our civil disturbance there, That gave him 139 J U N 251r:,211 Aff tN ii 5.-z.z�ih ks�. T r M �" t Y+Y4h r 3ga^r i V iY iCY t 4 � i � tit r i }xa ai a tx Jrat i �l i LiF� 9 h3r�z 4 jt a i i f'x oti=: (c6htihued) additional 74 days, so we practically doubled his con- tract time from 80 plus 74, almost twice; which we didn't say a word. Now, in addition to that, he run 101 days more,. Rev. Gibson: You mean, so you tell me, 107, that's 11, 6, in other words, 261 days. Mr. Gary: Exactly. Rev. Gibson: Praise the Lord from high. Mr. Plummer: But, Father, you see I don't understand why they're getting so upset about that, 12th Avenue and Flagler still isn't finished. I mean, you know, they've been running 470 million days on Flagler Street. Mayor Ferre: Gentlemen, I don't to be rude to this gentleman, but we need to move along. Mr. Thermador: When I had the main portions of the street ready, this other fellow came in and I had to pull out of the job for 15 days in that particu- lar matter, because they forgot to install the main pipe, And before I even started that particular job, all the utilities companies prior to that that we were supposed to finish the job in installing all those utilities and I had to work with them. Rev. Gibson: Did you tell them? Did you tell the City? Mr. Thermador: Of course, I did. Mr. Grimm: Every letter that he has submitted to us for time delays has been approved and they're documented in the list, we approved all of his requests in writing for time delays. Mayor Ferre: I sympathize with your problem, but I'd like to help you, but I think unless somebody gives me an awful good reason, I have to go along with staff on this and I don't like doing, because I'd like to be able to help you, but I just don't see that when we went from a contract of 70 days, you got an extra 74 and on top of that, you were 107 days late, you know, hey, the fact is that in a contract of $189,000, frankly, liquidated damages of $9,630 is not that..... what?...is 5%, I'm sorry. Mr. Thermador: Okay, let me tell you something. This cost me more than what I got on that particular job. I shouldn't be penalized and get paid for it, the difference is they have to pull them out and go back to jobs and that was 5 times. I removed the crews, I could get my whole full power in there, be- cause of all of the utilities companies and I have pictures, I have proof to show you. Mayor Ferre: Okay, I'll tell you what I'll do, I'll ask, out of courtesy to you, that you've taken time and feel so strongly, Don, would you sit with this gentleman one more time and report back to the Commission, if you have a different opinion, okay and look at it as openly and as objectively as you can. Is that acceptable? Mr. Clark: Mayor, may I suggest that you remove this item from the Consent Agenda. It has been passed.... Mayor Ferre: No, sir, I understand, I understand. As of this point, we're concluding, we're instructing the Manager to pay this man $189,123 assessing him $9,630 as liquidating damages and making final payments of $17,316.62, unless I hear otherwise from the administration, that is it. Now, the Manager recommends that we ought to reconsider this and I think it will be prefectly legal for this matter to be reconsidered before it's finalized. You can always pay him more, that's —you'll find a legal way, if you agree. Mr. Plummer: And I'd like to ask, Mr. Manager, that I be sent a time frame on how many days were allocated for 12th and Flagler and how many over days and when the project's is to be completed. 140 JUN 2 51921 B h �3 r Mr. 0Aiy: When you hove out, Mayor Ferre: All right, I assume that we've now conciuded all the issues in the morning agenda. There's nobody here on items 44-47. 45. DIRECT CITY MANAGER TO ATTEMPT TO FIND BENCHES AIZ, TABLES FGk CENTRO SAN JUAN DE PUERTO RICO RECREATIONAL PARK. Mayor Ferre: Sister Anna Louisa liorja, who is here, Director and Vice - President of the community of Wynwood, requesting park benches. Sister, how many park benches do you need and this is at Roberto Clemente Park? Gh, this is over at San Juan Center. Let me ask you this, how many benches do you need? Sister About 8. Mayor Ferre: 8 benches. Sister And tables, too. Mayor Ferre: No, let's do more than that. I move you# sir, that the Manager be instructed to find 8 benches for the Sisters and the children iti b'ynwood,, Sister And tables, too. Mayor Ferre: And tables. Mr. Gary: Yes,sir. Mayor Ferre: I thought I could get away with just the benches. Mr. Plummer: Do you want the knives and forks and plates and micro -ovens? Mayor Ferre: I want to tell you something. Sister, we're all laughing, but I want to tell you and I'm sure that I speak for Plummer and Father Gibson, I don't know of women who work with poor children, Haitians and Equadoriar.s and Puerto Ricans and people from all over, the poorest of the poor and thoy'i`o all children and you and your Sisters that are there are the most dedicated people and we are very proud of the wonderful work you do for the people who. are in need and we'll help you as much as we can. Sister The low income. Mr. Plummer: But, you don't know is, that when you pass this motion that Grimm and Reid are going to pull a midnight soiree on Tropical Park. Mayor Ferre: We're going to find you some benches. Mr. Grimm: At the risk of being a bad guy all day today, I think we can', help the Sister, we do have some benches, but you recognize this is private property and I would hope that we could make an arrangement where we could :.crl] these to her for a dollar or something like that. M.,yc,r Terre: rather that. or lend them to her or something. Mr. Grimm: okay. Mayor Ferre; So, Sister, they'll come back hopefully with an answer, ckay,,;i We'll lend you the benches, okay. All right, Mr. Mendoza, 7 I)enche�, 41 right, Sister, thank you very much, • s 141 JUN F �, 46. MOTION OF INTENT - NO COMMISSION Of3J`ECTION TO POSSIBLE CHANGE OF CIVIC TOWER PROJECT IN ALLAPATTAH TO SENIOR CITIZEN LOW RISF HOUSING. Mayor Ferre; Now, Pat Yeller, I'm sore-y for having you wait all day. How many pictures do you want, Pat? Ms. Pat Keller: I just don't know to behave. Mayor Ferre: You want 8 pictures? Ms. Keller: My leg is becoming normal after all of this, I'll tell you this much. I£ we may, we have hired an individual to do research on this and if I may introduce him, Mr. Richard Rosichan and then I'd like to come back. Mayor Ferre: Richard, we were always happy to see you and I'm always happy to listen to you. Ms. Keller: I take it that you'd like to Mayor Ferre: No, no, I want to tell you that I agree with him almost as agree with you. But, I want to tell you that Richard, he's father is one of the nicest men in this town I don't know whether you know Arthur P.osichan and I think that Richard and I'm sure a fine son to his father and I respect him for himself and for his father, that doesn't mean we agree, but that's another matter. Mr. Richard Rosichan: Thank you, Mr. Mayor, I'd like to know how much time I' would have? Mayor Ferre: How much would you like? Mr. Rosichan: I think about 10 minutes ought to do it. I'm here on behalf of the Allapattah Community Association with regards to the Civic Tower Pro- ject that is being planned in All.apattah and the position of the Association was basically expressed in January, 1981 press release "We are not opposed to buildings of building of HUD housing projects in our area, but what we're opposed to is the building of it high rise family housing project. We feel the family project should be orte or two stories high with a yard for children to run, jump and play. We would not be opposed to a high rise building for elderly or for the han6icapped. The Organization is additionally is opposed to permitting of apartments of the size in this building of more than one bedroom even if they were for the elderly because of the possibility that new management could change the character and the use of the building". Now, our basic purpose here today is to berth stress the problem that would be inherent in a high rise family housing prcject of the nature that has been proposed and also, most particularly, to urge -his Commission to use it's influence on HUD and to use whatever legal resourc:>s are at it's disposal to have this project converted to an elderly project. WE are aware of the fact that the building is going up and we do not oppose the building per se. The U.S. Code incorporated a provision in 1977 which I think you've already had quoted to you, Titles 42, Section 1437 also Subsection (;.1: "Not withstanding anv other provision of this type after October. 12, 1977 the Secretary shall prohibit high rise elevator projects for families with children, unless there is no practical alternative". It is this phrase no practical alternative", which is the key to this matter. Now, in February of 1980, the City Planning Department came up with a study which identified '_- sites for housing in the civic center area, this is the study in question and none of these sites included the site of this proposed project. This was d-Dne, primarily, on the assumption that more housing was necessary for people who worked in the Civic Center area, some- thing that has now been rendered largely unnecessary because of the planned major Rapid Transit Station, which will be there. In addition to that, the HUD regulatioons, which would have: originally. ..'.In addition the regulations which would have prohibited the u_.e of the Shell City site were changed so 142 JUN 2 51981 trli�: t�sic iaht 3contihtied) that the shell City site Which has been basically+ a Milan and an unused eye sore for many years, could now be used for this purpose, so, in other words, we have 6 sites that were originally identified that could meet practical alternative rather than the site in question. Now, as far as the problems that are inherent in high rise family housing, many of these have been brought to your attention before. There are 3 projects that have got particularly publicity because they have had to be blown up, because they simply did not function as far as the tenants were concerned. There is the Pruitt project in St. Louis, the Diego beekman project in Bronx, New York and the Rockville Village high rise project in Atlanta, Georgia, the last two of which were the subject of Congressional Bearings called on the Congressmen for that area. The Director of Dade County Little HUD, Mal Adams, has testified several times in opposition to the use of high rise family public housing. He testified against before the Assistant Hous- ing Task Force in the House of Representatives Sub -Committee on Housing and Urban Development in January 27, 1978 and he said, among other things, "All of our family projects are one or two stories, so we have avoided the pitfalls of high rise living for families. In the past we have built apartments, but now we build only townhouses, duplexes or single-family houses, each family has a front and backyard of which he is responsible. We think our approach to family public housing has created a human scale type of living environment". He has made similar quotes to the press as his Assistant, Eugene S-mith, who was quoted in the Herald on July 27, 1980: "Since 1977 the concept has beer: to integrate the housing with the existing neighborhood and to keep it small.". Now, I did notice that when you were, the debating with Mr. ",arks earlier, that you, gentlemen, yourselves, expressed a desire to create more low rise public housing in the City of Miami at scattered sites and the Association's position is this is fine, we have nothing against this and we would have nothinq against this type of project in our area. lie are simply opposed to a high rise family type elevator project. We are not oppposed to a high rise elderly pro-iuct. I'd like to just quote from a document that was released by the Law Enforcement Assistant Administration and the united States Housing and Urban Development Office of Policy Development in 1976 in regards to high rise family public housing: "The resulting residential environment is little better than the tenants its replaced", this is referring to a New York project and in some important respects worse "The high rise elevator building forces more than 500 people to share a common building entry and interior circulation space. The grounds in circulation areas are anomymous" and they go on in this space saying these projects simply socially do not work. ERA Builders in an article of the Journal of Health and Human and Social Behavior stated: "This research supports Vatting's 1967 discovery that the vertical location of dwelling units is directly related to the level of psychological strain ex- perienced by residents" and he again he is referring to high rise family public housing. The need for elderly public housing in the City of Viami is unbe- lievable. As of this morning according to a spokesman for Dade County HUD, Gene Mitchell,we have 7,000 elderly people in public housing in the County. We have 11,418 of them on a waiting list, now, these are people that cannot go out shopping for housing for which they may or may not be able to get HUD subsidies. These are people who cannot go out and lobby or canvass or be active in groups to try and promote their cause. These are generally helpless people who have worked on their lives and have earned the right to this kind of assistance and we have 11,418 of these people who reed this housing. ABout 80% to 90% of these people are ill and elderly who are further disadvantaged in the housing market and many of them do not understand the language, so I would think, we would think, that this would be a far more worthy cause for the people who are promoting this building to cater to and we would like to ury,, this, Commission to take this tact and to use it's influence with Hull, with U.S. 11(1), whir-h ir: constantly referred back to this Commission for it's 1y.inic,nrl (k) makv thi.; and keel this an elderly project with units of no more ►h.►t, ,,n(- 1)vkifuc»n. Th.u,k you. mayur Ferro: Okay, thank you, Mr. Rosichan. Any other statements? Ms, Keller: I don't have a major statement, but what I do wish to state is that I realize that you people are very very busy, but so many of us were }lore earlier and we were forced to leave. I do feel that those that are here and are as concerned and do want this project converted from a 19 story housing project for families, we want it converted to a housing project for elderly ai,d we welcome and we would also welcome low rise for families, those who are in 143 -►UN 2 5 1981 �� N ZI T j? .� s 1Fyp, i ,� s .' 4 1 ht 1 3 a�4. P ff, � ' t = t M Keller- (continued) agreements }Tease stand, those of you Who came d6wh Ahd are in agreement, please stand. Now, it wasn't easy for us to get hone today. Thank you very much. It wasn't very easy for us..... Mayor Ferre: I want to tell you that I would concur. I want to concur and if Mel Adams is willing and the developers are willing to transform this into a senior project, the need is so vast for senior.... Ms. Keller: Yes, it is, 11,000. Mayor Ferre: That as far as I'm concerned, I go along with that. M94 Keller: Washington tells me if you will go along with it... Mayor Ferre: We'll go along with it. Ms. Keller: We want one bedroom apartments and/or efficiences, then they,,:-,, will do it. Mayor Ferre: Jim, that we would request the concurrence... Ms. Keller: What does my best friend, Jim, have to say? Mr. Ried: I'll say, Mayor, that number one this project has been approved in terms of the zoning for the project by the City Commission in May of 1980 . It has been approved by HUD, it's under construction and while I would be con- cerned if we were talking about a pruitt or type of development, we're not, we're not talking about acres and acres of public housing. Mayor Ferre: Now, you miss....now, look, I understand that it is under con- struction and all that, we can arbitrarily, unilaterally, it would be illegal for us to change it. Ms. Keller: Excuse me, it has not been started, Mr. Mayor. Mayor Ferre: All I'm saying.... Mr. Reid: Let me make 2 comments, Mr. Mayor, to the issue. Number one that 96 of these units now are for the elderly, so there's a building in which - there would be mixed elderly and small families. Number two, we have a great need for small family housing in this city, assisted housing. You heard testimony early today of something like 50,000 families potentially are eligible for Section 8 type of assistance, so we have to balance our housing needs here and this is what the HUD project is talking about a balance of needs between family and elderly. Mayor Ferre: You misunderstood what I said before and I will repeat it. I have no problems personally, I'm only speaking for myself, that if HUD in Washington and Little HUD here and the developer all concur with changing the project from family to seniors, I've got no problems with that. We've got so much need in both areas that if they all concur with that, I would heartedly agree, okay. Ms. Keller: Washington tells me if you... Mayor Ferre: Fine. Ms. Keller: People take a stand and you are in agreement, this project can be so. Mayor Ferre: I'll formalize, I will formalize it. Ms. Keller: I want to submit these petitions, Mr, Mayor, there are hundreds of names here and I want you to keep in mind ... Father Gibson, I want you to keep in mind that we're a school community, that we are no more than 7 streets, probably it's 8 or 9 streets, and they only go for a block and these are bun- dreds and hundreds of names, Mayor Ferre: okay, I,., 144 J U N 251195-)1 rr f b4n �� r t { •v� ��t� �� ,�! .fi,�ai '� � a 1 ,� � . r J"r � ��'aV�l '�%4�;�-x'�r'��l �. a, z t ! i i tS�S3 f ,'M1i�h`#'�i• � f S _ !N jt � r { x } t t _ I r i JUt5i� hip `:�► tierit have, a�et� .i M i�i� (dfstlhe)e 6n t6 HUb... mayor Ferre: Look, 1' ll foriiiali o it Ion Oil I tat r- Ms. Keller: Please do.` Mayor Ferre: I will a motion. Ms. Keller: Where is Mr. Lacasa? Mayor Ferre: Poo Mr. Lacasa. Oh, J.L. is here. 1 will a motion that goes as follows that this City of Miami Commission commend the statements made by Mr. Richard Rosichan to the appropriate people of HUD in Washington, to Mr. Mal Adams of Little HUD and to ....what's the name of the company who did this project? Ms. Keller: Related Housing Development. Mayor Ferre: Related Housing and that we totally concur that if this project could be changed to from families to senior to a senior housing project, that we have no objections.... Ms. Keller: We want it for one, only one bedroom apartments and efficiences, I don't have to tell you this, many of a slip twixts the cut of the lip. Mayor Ferre: That the need is so great that it really doesn't matter as far as I'm concerned, we need both and I'm prefectly killing to make that as a mo- tion. To get off the dime. Mr. Plummer: Mr. mayor, if I have some assurances, I'll second the motion, but I have to have some assurances that in no way this action that this Com- mission is going to put us in a liability position... Mayor Ferre: Absolutely. Mr. Plummer: ....that Washington suddenly comes down and says, "Whoops" Ms. Keller: Washington told me.... Mr. Plummer: Let me finish, Pat, thank you. That Washington doesn't come down and say to the developer, "Okay, hold up, we want you to stop and we're going to reconsider it". Mayor Ferre: Is there a danger of that? Mr. Plummer: I think .... you know, I'm just putting on the record, there's no danger... Mr. Reid: Well, as I understand the Mayor's motion, it requires the con currence of the developer... Mayor Ferre: of course. Mr. Reid: Mayor Fo rre: All we're basically saying, all we're basically saying is.`,. Mr', VJAI 4110r; I u„do;-stand, I second the motion. M.1y�or tors e: if you concur, we sure do, we've got no problem with that lt! .t pgIoj, in the right direction. Rev, Gik)son; Discussion? All right, call the roll, please, u !h Ns. Keller; What is the motion? Rev, Gipson; You heard it, 145 1981 R1 "1 V, t zm TF+S,' wm _ 1 A h s� IN, 74 11A ia' bt'k'Y k$ �y�§'�'i°I i'+'S €t¢ �� r; p � a k 41 Mayft Perko The (notion, pat, is that the City of Miami concurs with all of the signatures that you have and the statement that Mr. Rosichan read into the record and we respectfully request that if approved by HUD in Washington, if they concur, and if Little HUD and Mal Adams concur and if research or whatever their name... Ms. Keller: Related Housing. Mayor Ferre: Related Housing concurs... Ms. Keller: You'll have to forgive me. I'm not worried about Related Hous- ing. Mayor Ferre: That we are in total agreement that there is such vast need for senior housing, that that project be converted to senior housing. Ms. Keller: To one bedroom and efficiency apartments. Mayor Ferre: That's fine... Ms. Keller: Is that part of the motion? `k # d �I Mayor Ferre: That's part of my motion. Ms. Keller: Thank you.`,�r��,yar 30�x. P Mayor Ferre: All right. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, REv. Gibson and Mayor Ferre. A NOES; Nora ABSENT: Mr. Carollo and Mr. Lacasa. Mr. Ongie: Mayor Ferre? yN �y}„ Mayor Ferre: yes. � 1�� iM �i>;4t Mr. Ongie; Mr. Plummer?'} Mr. Plummer: Yes, Mr. Ongie: Vice -Mayor Gibson?}CN ,u Kiev. Gibson: Yes. r 146 JUN 2 51981 A p tom, ai Jed 6]J a K � 6N JkOtt CAU - Rev, Gibson: Ms, Keller, I want to this. You have to be concerned about that oottpany. Wait ... wait...I listened "very attentively to ghat you said. You have to be concerned about that company. That company has taken the necessary step the company left here with the understanding that they had the approval and the backing of the Commission. Now, all I'm saying that nobody goes away from here with any misunderstanding, if you can get that company, the Jacksonville office, Washington and local people, the local office to agree, what we're saying; is, "Be our guest". We're not saying, be sure that they understand this, we are not saying we are going to superimpose nor are we going to interfere legal!%, so, that you can understand, you know, a lot of people come here and convenicnt1,.: go away not understanding, because they don't want to tell us that they don't understand. I want to make sure for the record that you understand that we are not telling that developer, "Stop building" nor are we saying to HUD to stop him from building, either branch of HUD. We're saying that "HUD. if you and the developer can agree and you see it the way they see, fine, we, the City, who had the authority to make the zoning what it is, change it to what it is, have no absolutely no objection. Ms. Keller: All right, we understand that. Can we have a copy of this motion, hopefully, as soon as possible, because I'm going to wire Washington. Rev. Gibson: You ask the Clerk, I'm sure the Clerk will be happy to make the copy available. Ms. Keller: We're now friends and we'll start all over again4 I think. Rev. Gibson: What do you think, Mr. Mayor? Mayor Ferre: Well, you keep on thinking, at least, until November the 4th. and then after that, we don't care. 47. RE;:. -EST BY HAITIAN A!, -_RICH': EDUCATIO:. CEtiTEIR FOr. CSE OF OLD FINE STATION (R FrRF.ED TC THE CITY .:Atii,GER) . Mayor Ferre: We're now on Item #51. Mr. Despimosse. Mr. Jacque Despimossu: My name is Jacque Despimosse and I live at 515 NE 77th Street in Miami. I am here today as a president on behalf 'of " Haitiam Pmerican Voter Education Center, Inc., to express our organization's philosophy. Our membership is composed of persons of various nationality origins and represented by ( inaudible ). I must comment on his welcome here in the United States Consitution and with feelings and in bond and that we believe You know, this reponsibility to him so in the sense we feel it our job and our responsibility to ieao _and to response on the war on late President John F. Kennedy when he said, "Ask what not at your country could for you, but what you can do for your Country". For it is here believed in this Organization what we want to do for our country is more people to file for citizenship, more people registered to vote.. Three. (inaudible).......................on offshore about the American government, what is the function. They must respect and obey the law of the ulilifting of I- art:,, especially those who are living in the area known now Little Haiti. T11(1Y are among those people, those who have a desire to understand it call coach you and t)e }part of this. However, some feel that the channels of tl1a (unlntt-lll;,lhl.)...... :iI-0 Vith0r remote and. ..(unintelligible) or non-existence. WO IX-lit•vr tho Ctrg.0 ization, we have members that have lived and this feelings it, othrr that we can really have the desire with this can help bi; l)eople. Citizenship today in our country today requires much more than a loving and willing heart and strong hands, which were the main ingredient for citizenship of the turn of the century. 14"7 JUN251981 rin "-vl 4^ Mr, beepithosse: (contihued) application of English, Social Science and Govern- theist, Imagine the plight of the outdoor refugee who wants to obtain the rank of American citizenship. It would be less than a first grade child in sociol ogy, science and government. Some people hate Haitian American Vote Education to Rive the people. We need them to help us to give back to America some of which America has given to us that is why we formed an organization. We also believe this organization will be central issue for the community is our dream. Mayor Ferre: Let's get right to the point. As I understand, what you want is the use of fire station on 2nd and 40th, is that correct? All right, I'll tell you, is that fire station being used for anything at this time? Mr. Despimocse! No, sir. Mayor Ferre: Is it boarded closed? Mr. Despimosse: Yes, sir. Mayor Ferre: Mr. Manager, I know, you know, that we don't concur on this. I'm for that and I've got no problems, we do for the Cubans, I don't see any reas- on why we shouldn't the same thing for the Haitian community. Mr. Lacasa: If'you move it, I'll second it. Mayor Ferre: If Father doesn't or somebody else doesn't ... you want to talk against? I'll recognize you again, you and Ms. Frazier. Go ahead, sir. 1nidentified Speaker: I own a home on N.E. 46th Street and 2nd Avenue and I never thought the day would come that I have to stand in front of any group and have to oppose anything that is positive to help the Haitian community. I don't want to oppose any organization. However, to locate an exclusively Haitian Voting Center at that location would be a mistake and a big mistake on a number of reasons. I see you shaking your head, you don't live in that community and you don't understand. Rev. Gibson: That's not a voting center. It's not a voting center, that's not what he's saying. Unidentified: I'm sorry. A Haitian........ Rev. Gibson: You see, you're talking about a precinct. A peecinct is not the same as what he is talking about. Unidentified: It says American Voter Center ... a Haitian American Voter Ed- ucation Center located there would be an error and create a chaos in the neigh- borhood associations, we have been trying to upgr aae...... Mayor Ferre: Okay, look, we're not going to decide that today, so here's what I'd like to do, I'd like the Manager to put staff with a little heart in this thing to understand the problems of that particular community, to discuss with the neighbors, including this gentleman and make sure that Eufala Frazier and those that involved in that community are invited and you come back with a re- commendation. I just want to tell you that.... Ms.Frazier: I would hope that one of those recommendations would be to open a library, which is badly needed in our neighborhood. It would keep the kids off the streets. Mayor Ferre: Okay, you come back with a recommendation as to what the.... Eufala Frazier: Mayor, can I make a clarification here. Mayor Ferre: Yes. Ms. Frazier: This is not a place for the Haitian only. This is a community resource center. We have been working in that community for 6 months working and we are meeting at the Shenandoah School twice a month now. This is a facility not for Haitians..., - 148 JUN 2 5 1,981 yt2�'3S;4i '4 tqmg,- m MaY116i Pette: Let the administration Come back with a recoftmehdatioh as to what the best use of this property taking into account what you said, what the others have said and balance and interview all these people, interview the neighbors and see what we can do, okay. Now, I think that we have to follow, but I just to want say philosophically, I'm in favor of something like that. Mr. Rosichan? Mr, Rosichan: My name is Richard Rosichan and apologize for not giving my address before, I live 141 NE 45th Street in the City of Miami, which puts me about 3 1/2 blocks from the project that has been proposed. I'm speaking on behalf both myself and also, informally, on behalf of Buena Vista East Associa- tion. This Association has not voted on this matter, because we did not find out about it until very recently. Mayor Ferre: Mr. Rosichan, we're not deciding it tonight. We're asking staff to look into the matter. please feel free to bring it up before the Southeast Association, please discuss it with them. We'd like to have your input and then we'll come to a decision in the future. Mr. Rosichan: Okay, I'll be very brief, sir. Mayor, We feel simply and I feel that the Buena Vista East area has suffered tremendous deterioration in the past 5 years. This cannot be contributed solely to the influx of largely impoverished refugees it can be also attributed both to the lack of adequate code enforcement and also, in particular, to our being used as a dumping ground for various kinds of institutions and I know you've heard this before many times from Grace Rockefeller, but now, you're going to hear it from me. We have 2 drug institutions... Mayor Ferre; Mr. Rocischan, again, we're not making a decision, I would re- spectively ask that you keep your speech, your statement, which I think it is going to be very nice for the time when we come to a decision. Mr. Rosichan: You prefer.... Mayor Ferre: No decision, there's nothing being done here, except we're re- ferring to the administration for further investigation and a recommendation and at that point, we will call a public hearing for the neighbors to come and you can come and make your speech at that time, okay. Mr. Rosichan: You prefer that I reserve our input so that.... Mayor Ferre: Please. Thank you. 4 -L.:OCATE $10,000 FGR "O ERT04,i; COVI::C Xayor FerrL : All I lc7fa: , A6ker, we 'nave i L L :_�rI C L 7i a'✓C' :;C:. L LG the Commission and In yGu request that the cit.,' t C: iF. C`vtrL;:'.C: cc,miI-ig i�11VP. F'•es— tival for July 25th, as we have helped other festivals, al.6 there is a specific question, Mr. Manager, for $10,000. Any questions from the members of the Com- mission. Rev. Gibson: You're going to get that out of Community Development, isn't that r igYi t? Mt . Gary: ry: Y.es, a; ; , we have, , , M:c. Aci) v'; Mr, Mayer, those $10,000 that we're requesting is in our budget, Mayo' Ferre; Father Gibson moves, Armando Lacasa seconds that the request that the request of pvextown Coming Alive be approved, is that correct? Rev, Gibson: Yes, 149 JUN 251981 Mr. Gary: I'd Like to put the subject to a review of the budget by the City Managers. Mayor Ferre: Subject to review by the City Manager, etc. All right. Ms. Adker Ms. Adker: There is one more that is not requested. We would like :... Mayor Ferre: Don't tell me you want benches, too? ` Rev. Gibson: She's wants the streets closed. Ms. Adker: We want the streets closed from the... Mayor Ferre: In the same way we have closed 8th Street and other downtown for other festivals, the requested streets be closed subject to the approval of the Manager and the Police Department, okay. Ms. Adker: Very good. One more minute. This might not have anything to do with the festival. We would like to request transportation for our Director of our cultural arts program. Mayor Ferre: The motion is that as previously agreed to that at Ms. Adker, previously agreed to by CD, that Overtown Coming Alive Festival be funded for $10,000 subject to the Manager's agreement and that the street subject to the approval of the Police Department and the Manager. All right, call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-574 A MOTION GRANTING REQUEST MADE BY MARIE ADKER AND ALL- OCATING AN AMOUNT NOT TO EXCEED $10,000 FOR THE "OVERTOWN COMING ALIVE FESTIVAL", SUBJECT TO A REVIEW OF THEIR BUD- GET FOR THIS FESTIVAL BY THE CITY MANAGER AND FURTHER AUTHORIZING THE CITY MANAGER TO CLOSE STREETS AS NECESSARY DURING SAID FESTIVAL. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: NOES; ABSENT: Mr. Lacasa, Mr. Plummer, Rev. Gibson and Mayor Ferro. t1i2f None. Mr. Carollo. V. Mr. Ongie: Rev. Gibson? Rev. Gibson: Yes. Mr. Ongie: Mr. Plummer? Mr. Plummer; ices. luo JUN 251981 r eI ile'+�j,� Mng Mt ► Lacaa Mt, hacasa: Yes. Mr. Ongie: Mayor Ferre: Mayor Ferre? Yes. 49. REVIEW OF FY 81-82 BUDGET - NO FURTHER. LAYOFF OF' CIVIL SERVICE Ef�U'LOYEES UNTIL FULL IMPACT OF BUDGET IS KNO- U. Mayor Ferre: Mr. Gary, will you proceed with item C, please. Mr. Gary: Mr. Mayor, you have in your package an update of the status of 1982 budget. First of all, I'd like you to know this is an estimate and things will change or this estimate will change as the assumptions that we are not as completely certain as we should be due to the fact that we are anticipating information from other people, which will obvilusly change the estimate. One of the key things in the estimate is the assumption with regards to union ne- gotiations and I think that's our biggest uncertainty right now. We have Cot; - currently in the estimate a 10% anticipated union negotiation, which we're estimated the cost of approximately 6 million dollars. Also, in the estimate we are still assuming a police staff, a police strength of 1,000, which in increase of 186 from the previous year. Our projected shortfall for next year and the figures have changed a little bit from what you have in your budget, your document, a shortfall is approximately 9.2 million dollars. What that re- quires is a reduction not including police and fire of approximately 451 em- ployees and this is assuming that we settle with a 10% union negotiation. Ex- cluding fire and police, the shortfall will be 3.6 million dollars for 207 positions, that's assuming we don't add additional 100 police officers, I mean going up to 186. Now,.... Mr. Plummer: It's nice to, what's the old story...you wish in one hand and guess in the other. Mr. Gary, 3 members of this Commission have already spoke to the issue... Mayor Ferre: Maybe not. Mr. Plummer; Oh, yes and I've not heard any deviation. Mayor Ferre: We've not got into budget hearing yet. Mr. Plummer; Mr. Mayor, I'm still saying that 3 members of this Commission expressed no less than a 1,000 and the one that's not here to express was 1,200 policemen. Mayor Ferre Wait a minute... first place, it wo.� 5 members of this Commission that voted for that. It was an unanimous vote. Mr. Plummer: No, Mr. Mayor, I beg to differ with you, sir, it was not a vote, Mayor ferre: Yes, it was, sir. Mr. Plummer: It was a vote? Mayor Ferre: Yes, sir. And I made the motion. Mr. Plummer: I still go back to 3 members of this Commission are a majority. Now, unless Mr, Lacasa has changed his mind, I've not changed my mind and Mr. cis}ry, why do you keep going back and saying that you might not do the 1,000? I think you're wishfully thinking. mr, Cary; No, Mr, Commissioner, I am not saying that we will not do the IfQ001 what I'm doing.... 1 JUN 251981 t tf 'R3E'vYt'.J� b 'I 9 l � Yt x }'1v� dhi�jl.tyJt i r 'vRj�F� f �� `�.L) ;•'F1C b� #�'t I � t � i '� (4R'�1 #Zi'k i+'��b'it roro rr � W p iittlifiet t When, don't quote Me the prices of 814, ftybt Perre: Mr. Plummer, I'm sure the record and your very good memory will eiftind you that there are many times when you assume that things are going 3 Votes one way and they went another way and there are a lot of times when I assume 3 votes were going one way and they weren't there. Mr Plummer: And Mr. Mayor, assuming is where we get into trouble. This has already been an expression of 3. May I, Mayor? Mr. Lacasa, have you changed your mind? Mr. Lacasa: No, sir, I have not. Mr. Plummer: Father, have you changed your mind? I've not changed mine and the only vote here not to express theirselves is the one who was going for 1,200. Now, even if the Mayor has a change of heart, which he's entitled to, you have 4 to 1, but you continuously go back and quote prices on the other. Mayor Ferre: I think that you might remember in that past there have also been 3, 3 and 4 to 1 and when it comes down to the nitty and gritty and the cutting it isn't always that way at the end. Mr. Plummer: But, Rose Gordon is gone, Mr. Mayor. Mayor Ferre: Ali, that's true. Mr. Plummer: Anyhow, Mr. Gary, you and I miss Rose Gordon too -Mayor Ferre: Plummer, I wanted to tell you that I made that admission on November 6, 1979, the day after the election. Mr. Gary: Commissioner Plummer, my utterance of the effects, not adding 1FE police officers, is not to say that we're developing a budget, that does not include that, but I think it's my responsibility as the City Manager to inform, you of the choices and the options that you have available to you. And I think another one of my responsibilities is to identify to you.... Mr. Plummer: Mr. Gary, you are saying to me, sir, one time, I appreciate. The second tir:e I think its superflous and the third, fourth and fifth time is I think is wasting your time and mine. Now, we set the policy and you carry it out, at least, that's the way its supposed to be and if you don't like those surroundings, we make the head of DDA. Mr. Gary: As long as I can negotiate. Mr. Plummer: He sure wants to test that agreement, doesn't he? Mr. Gary: Well, the bottom line, Mr. Mayor, Commissioners, is that we're looking at upwards of 450 and more depending on union negotiations which we have not resolved and I would be scheduling an executive session with you some- time in the early part of July and depending orL that it could go above 450 to 700. I think that it is important to note that we've beer -ping through bud- getary processes with the Department Directors and we're looking at approximately a 26% to 271 reduction in those Departments that are required to cut and what that means in a lot of instances is that I, as City Manager, must inform tiro u. particularly Commissioner Plummer, what has to be foregone if we continue this Policy- I will bc- giving to you, you have in your package, a budget schedule, which 11d like to go over at this time. Even though we're under the trim bill, Mr. Mayor, with regards to the 8% limitation, some portions of the trim bill that was in effect last year, the trim bill in effect is still in effect, but the 8% is not in effect. As a result of that we have to develope a certified tax rate and give it to Dade County, send out the information to the taxpayer:, but you're not restricted to 8% tax increase, if you exceed you have to get. 4/1,'!; vote. I think the next step in the process are 2 things. First of all, certi- fying a mi11age rate to Dade County. We plan to bring that to you on July 2ird and that's to establish a tax rate for next year. The second process is to give you a preliminary budget. That is scheduled for some time before July 23rd. This will be a preliminary budget, which will highlight what will be consequences for the remaining departments that have to cut in terms of service reductions. 152 JUN 251981 F Mr. etary: (continued) We are assuming, the next step, is that a first public htaLfinq to adopt the proposed millage will be in September, once you come back off your vacation and hopefully we will be able to have a second public hearing oh September 24th and adoption by October lst. Now, I have submitted to each of the City Commiersioners a memo suggesting that each of you contract me Individually with regard to your input as to how the budget should look for next year. Mayor Ferre: You have had some conversation with me. Mr. Gary: Yes, I've had conversations with the Mayor. I've got Commissioner Plummer officially and I got it today about 1,000 police offices and I will be happy to sit down and discuss the details of the budget with you or have Mr. Surano come around to you to discuss those details. We will be open now to ggestions if you any. Mr. Plummer: Let me get to a bottom line. Mr. Gary, tell me again, }you say that if we layoff, excuse, if we go to the 1,000 police officers, what are you looking at in the way of layoffs? Mr. Gary: Assuming that our resumption with reagard to union negotiations.. Mr. Plummer: Assuming your 10%, because we don't know. Mr. Gary: You're talking about 451 bodies, positions. Mr. Plummer: 451, all right and if you were to go to the 1,200? ;. Mr. Gary: 207. Mr. Plummer: What? Mr. Gary: 207 positions. Mr. Plummer; If you went to what Mr. Carollo is demanding of the 1,007 Mr. Gary: Let me figure that out. Mr. Plummer: 700 more or 700 total? Mr. Plummer: No, can't be, sir, I'm sorry to play with your piano there, but if 186 is 451, 14 more can't be 700. Excuse me, from one ....have I got to teach you all mathematics... from 814 to a 1,000 is 186 and that will prop 451. If we go to the 1,200 what will be the total? Mr. Gary: No, you can't do that way. Mayor Ferre: It's very simple, it's 6 million dollars, itis very simple, In other words, what he's saying is if you have 6 million dollars of additional police service, how many people will you have to layoff and obviously,if you've laid off 400 or some or 186, you're talking about 600 people being laid off, maybe 500. Mr, Plummer: Okay, that's what I want to know, Mr, LaC464; mike, wh4t don't listen to the comments from the unim? 153 JUST 2 51981 Lacasae That's what I'd like to do. They have some interesting fiqutea a 1 J Mr. Gary: It's 333, additional. Mayor Ferre: All right, are there any questiohs or c;�mtr,entarcii tfietaibes of the Commission as to the memorandum, item 'C or the st avemtsd".fr Mr, Lacasa: I will reserve mine until I hear from the'4.,. . Mr. Plummer: It's a total of 784. Mayor Ferre: All right, sir? " Mr. Conrad Adams: Mr. Mayor, Conrad Adams from the EmplAssbi~iatit5nv Mayor Ferre: Let's give Mr. Conrad our attention. Mr. Adams: Since 1907. As you know back in April. 24t1t we dirt have 50 and some employees laid off. At that time I became very upset due to the 7R, budget cut at that time and the present time. I sent the present budget to o1ii Washington office, our international office, to our re:narch'department, who have experts there on budget analysis. This research carve back and it has some amazing figures. First of all, at that time, the Budget tanager and the City Manager's office were talking about something about a i.2 million dollar short- fall carry into next year's budget. Now, I understand, this, has boon changed to approximately $200,000 surplus, is this correct,Ar• Regardless of whether it's a shortfall or that a little bit of surlace, our analysi s ha.s shown there's quite a bit more surplus than that? , ti,ia.;ich we will greatl;�- affect of next year's budget and at this tiric, I would like to introduce our ` Washington's representative, Mr. Jim Smith and let- himpresent to the City Commissioners. Mayor Ferre: All right. Mr. Smith, the Chair reco rl.Lze4,� you, Mr. Smith: Good evening, my name is Jim Smith and I'm an economist from. the international office in the American Federation State, County and Muncipal Employees. The last 2 years I have been analyzing budgets and financial infor- mation for countless AFSCME locals in city and state governments across the nation. Prior to this, I worked as budget analyst in the Federal government in Washington, D.C., received my Bachelor's Arty; of decree_ in Economic, from the Univeristy of Chicago and I presently work toward'!-, a ,;asters of Arts dogrcw in Economics from the American University in Washington, D.C. On behalf of i1w members of AFSCME local 1907, general employees of the city of Mimi, l'd to thank you for the opportunity to address you this evening about a most: serious. - subject. There is widespread concern amoung our membership over reports of massive layoffs in response to the proposed budget crisis- in fiscal year 1982. These workers are concerned that their economic security may be suddenly hulled out from under their feet in the very near future, but. there is also a puzzle- ment over the manner in which these layoffs are to be achieved. In my discussion:; with city employees over the last few days, since I've been in Aliaani since Mor:- day, they've told me while they recognize the crimp probdem in the city of I:iami, they don't understand how the elimination and recreaionai programs, closing of swimming pools and deterioration of park facilities licip allievate this problem and their: viewpoint has a great deal of logic, I think. They also don't under- stand how a vibrant and growing city like Miami would suddenly find itself in the midst of a financial crisis. They're skeptical. And I have to tell you today that based on the information that has been available to us, I share their skepticism. And while none of us in this room hold the crystal ball of what's going to occur 4 to 12 months into the future, this fiscal year 1982, we do have a better idea of how the current fiscal year will end and what financial footing the city of Miami will enter the coming fiscal year. The union's con- tention is that funds carryover from fiscal year. 1981, the current fiscal year, approximates 17.3 million dollars, based on budget. activity in the first half of fiscal year 1981 and this projected level of surplus is opposed to <a mi l.ic,1, dollars in excess revenues and most importantl},, by 16.3 million dollar:, ill un- expended appropriation by year's end. If I may, I would like to take a look at. just a few elements of this projected surplus. 17i--st in the area of revenues, 2Or- 4 ,1l.li'1 2,13 19OU e- w�4u S f t , i�g �n'34Zw I}RI'MK., ol lam. 9thitht (continued) through the first half of fiscal year of 1981, through March 1981, the General fund receipts totaled $62,390 213 or on an annual basis of over a little over $124,000,000, The reasons for these excess revenues are Many and varied, but a few stand out and among them are, well, they're a carry- over from fiscal year 1980 into fiscal year 1981, was originally budgeted at half million dollars, it is now known that a minimum of one million dollars was actually carried forward as expendable dollars in the current fiscal year, al- though the actual fund balance at the end of fiscal year 1980, was a little over to $2.2 million dollars, it was claimed that $1.2 million of these was encumbered, although it isn't clear where those encumberances are for. Additionally, data from the F-.A.M.I.S. system indicates that there are a number of anticipated revenues in the General Fund, which through the first half of the current fiscal year total nearly half million dollars, to be exact $499,937. I think in the materials that we've received there is a detailed list of those items. A major tax item, Telephone and Franchise Tax, has already surpassed the budget amount for the entire fiscal year half -way through the fiscal year, $709,707 was bud- geted while $724,691 was received through March of 1981, that's halfway through the fiscal year and we expect these receipts to continue through to the end of the fiscal year that approximately twice the budget amount will be received. Mayor Ferre: May I request of you, in the interest of time, that those items that you have in writing which ....those items which are in writing which are submitted in your report that you not repeat, just give the highlight and your recommendation and we will submit these into the record, the staff will have time to analyze them and I'm suns they will be discussed again. Mr. Smith: Okay, let me just quickly summarize the expenditures siae , hecaucL' that is where the major part of the savings will be realized. In the first half of fiscal 1961, only $52.3 million approximately in the General Fund was ex- pended and while we allow for a sliglitly increased level of expenditures in the second half of the current fiscal year, which may be j liberal assumption since there have been cutbacks since the end of March, but allowing for that so that all equipment appropriations can be fully inspected in the light, we project total General Funds expenditures of $106.76 million dollars now with the total budget of a little over $121 million dollars, I believe, that entails savings of $16.3 million dollars at the end of the fiscal year. Now the major portion of that viewpoint is that the result of the hiring freeze that's currently in effect there was $63.2 million dollars in salaries budgeted at the entire year, halfway through the year, only $29.4 million dollars was exactly expended and projected out of approximately $4 1;'2 million dollars savings of salaries alone, adding on 35%, that's a ballpark 35% figure, for other pay and fringe benefits, we project another $1.6 million dollars savings from those fringe benefits areas. Also, on your sheet I have detailed savings from Dade County's scale fees and from savings from Internal Services charages, which were well below budget through the first half of the fiscal year. Now, admitedly, these are the major areas of the current fiscal year budget where resources can be found and there are many many areas, which are simply too numerous to mention which cannot be presented in a meeting, but the union feels that whatever decision, this Body makes con- cerning the hiring of additional Public Safety personnel, whether that money comes from the General Fund or from special taxing districts, which have been proposed, that ample funds are available to maintain Miami as a full service city. We contend that valuable public services need not be sacrificed and that City workers should not be added to the unemployment rolls. We contend that no layoffs are necessary, precisely because of a sustained vigorous fiscal health of the City of Miami. Thank you. Mayor Ferre: Okay. Questions? Rev. Gibson: I'd like to ask one question. My experience has taught me up here that usually as men in your capacity reprsenting the union or the unions attempt to get information that you find unusual difficulty in getting it so that you aren't always aware or knowledgeable of certain factual information, I work for my satisfaction, have you found that to your experience? Mr. Smith: Conrad may be better qualified to answer that question since Kvv, W01, Tim talking to you side..,, 155 JU�� 519 Mt. Conrad-. Yes, Rev, Gibson, we have found it rather diffi6ilt to get Pt6per information, In the last 2 or 3 days we have had some doopetAtibh through Mr.Surano in the budget management. However, this is why we have hot made a presentation on the upcoming projected 6u6qet for next year, be- cause we have not had sufficient information to everi analyze that. We have had his aoalyzatiom, which be gave us approximately 3 days ago, which is not sufficient for us to make our own analyoation arid i� the matter of obtaining records from the city for eexpenditores and revenues-, I'll have to admit that 1 had to receive those in some clandestine method. I will not at this time tell you how I got those records, however, this is how I had to get them with the exception of the budget of 1981 that Mr' Gary presented me J copies of. I think that the union`s position at this point, we're are not here to try to discredit anyone, we're not here to attemFt to make the city to go down the drain. We're city employees, I am city employee, I am a career city employee. I have had 24 years with the city of Miami' 1 do wish to hurt the city. Anything that I attempt to do through the union, as Union president, I will hopefully feel that everyone would look at it as �zl'iug to hell, the city rather than trying to hurt the city' Z will say this that when it uumoe to 400 to 758 people being laid off in my union, l/m going to fight. like hell to keep this from happening and I'll g. to any extent to keep this from happening. I ~vaut.tn reiterate that I do want to discredit anyone, but Z would certainly hope in the future from this day [ervazd that perhaps the union could sit down with budget management with the City :anager and discuss items which we may disagree on in their proposed budget for next year. We would like to have blind information from departments on their 1:,ropose'l budgets so that we can analyze it. There's always 2 roads to where we go and l feel that we can furnish part of one road, perhaps helping the city and not attempting to hurt the city. ~^ Mr. Iaoasa: Qz, Gary, what is your reaction thc�i- the figures that has been supplied by the union? Mr. Gary: Mr. Mayor, Commission, I'm pleasu6 to be able to xoayond to this since I've been on this road before and hopefully we will be able to get on the record with regards to the information that is -rpscsced. First of all, I think it's important to note that a statement that our fund balance may approach $17,3 million dollars is totally ridiculous. If that was the coo« we would not have to be dealing with the budget problem we have today, but I'd like to ]bring some points which needs to be brought out �ich regards to the report. First of all, the report gives you noibing but poeicives. As an example, it talks about all of the revenues increases t1lac the city has not anticipated that will exist, but it doesn't deal with the losses. Let me give an exampla. Commissioner Plummer brought up at the last meeting that we have been uosucoesaful in collecting our solid waste fee, he's totally correct. That is not reflected on this report. We will probably lose approximately l 1/2 million dollars because of the fall oft in collection in solid waste bills, ad valozeum taxes, so you just can't look at just the reports, you've got to be able to analyze those reports. We may lose l million dollars in ad valoreum taxes as a result of tax appeals. & gurd esanl.,le, is about a couple of vearo aeo armv went c}/rou�fli and no found about S500,800 in taxes. Those things were uH-T-e]purted in the report. Deduction in the cost of in- direct coot allocation, that's another $700,000 tbat's qoing to be lmot. A reduction in the electricity utility tau, another $329,000' Metro -Dade Fines and Forfeitures from traffic tickets, $200,000. Now, just alone, I've cited over 3 million dollars in losses, that's not in the report. Another example, again you have to be able to analyze reports, you can't use just expenditures reports, you have to go deeper than that. You've gut to understand our accouoxinq system. A statement was made that we have considerable surpluses in fri/`np bm`c{it,, that's not totally true. If you will recall, our appro- pri`lLiuo [o, |`,/.uio// is a fixed cost, wD'atcyer we appropriated, regardless of whet},-1 that expenditure report says, we have only contributed 2 million dollars to pension, we have to contribute the whole 17 million dollars by the end of the year to the Pension Trust Fund' If you recall, I've sent in- formation to the City Commission with regard to group insurance, our group insurance fund is in trouble. It's in trouble primarily, because we have out increased rates over 3 or 4 years and the cost of providinq of medical cover- age � U�� \\�� [1�]� �u�K� ��w ��u ��V -' :.L iu �'' .11 � .. V" 1$f J .S•f `?Y t �'� � 4 � � .it i f E$'14�r trt } i�1 71' FrY t L�f 7 t L RYA tiaty (continued) balance from last year, it's alleged that the fund balance Wa§ 2.2 of that approximately 1.2 is alleged to have been encumbered. Well, we have an audit report that reveals that we for every dollar for that 1.2 million dollars there is expenditure that we may to pay and I guess what I'm saying to you is to look at this report, sure, the issue they paint a good nice picture. The facts are something different. In terms of... Mayor Ferre: Mr. Gary, it's quarter to nine and I don't think we're going to' solve any of this tonight. I recommend that we receive the statement, you analyze it and I'm sure we'll discuss it again. Mr. Lacasa: But I have a question before that, Mr. Mayor, because I under- stand what Mr. Gary is saying and that I understand that we have all those potential negatives, however, we also have some potential positives, such as, a number of positions that according to the hiring freeze we have replaced and therefore are not costing a penny to the city and still they have been budgetod so those are savings that we will have, but we start entering into specifics, because you realize what I'm saying comes to the particular item. My next question is this, "When do we have, according to the schedule you have in mind, the next group of people from the Civil Service of the City of Miami being laid: off according to this plan? When is the next scheduled date?" Mr. Gary: The next scheduled date, first of July. Mr. Lacasa: Okay, the next scheduled date is the first of July. 'How many, people do you think will be laid off? Mr. Gary: I haven't come with the exact figures. Mr. Lacasa: More or less, give or take. Mr. Gary: About 8 people. t Mr. Lacasa: How much?' Mr. Gary: 8. Mr. Lacasa: 8, not too many. I'm going to make a motion now. Xy motion will go on these lines, since we do have a set of figures here and even though this may not be exact, the chances that we find the truth some way along the middle, I'm going to move that the administration be instructed that no further layoffs take place until this .... what this is motion here.... Mr. Plummer: You can't. It's out of order. Your motion is in violation of the Charter. Mr. Lacasa: Why? Mr. Plummer: You cannot....excuse me, Mr. Lacasa. Let the legal advisor tell you, you cannot instruct the Manager on the day to day operation of this city. Now, you can set a policy and ask him not to do it, but you don't instruct him to do it, because you're in violation of the Charter. Mr. Lacasa: We're setting the policy. It's a matter of semantics. Mr. Plummer, what I am aiming for, and I will submit to the advice of our legal department in which every way will be legal and will not.... Mayor Ferre: Mr. Lacasa, the Chair accepts the motion in a legal form,,, Mr. Lacasa: That is the way. Mayor Ferre: Yours is a motion of intent. I would assume the legal department will put the motion in legal form. Now, proceed with your motion. Mr. Lacasa: All right. So in that fashion, my motion goes that no further layoff takes place from the Civil Service employees until after a definite and clear situation is reached as to the realities of the City's budget. In view of the questions raised by the union, some of which might have validity 157 JUN 25Ir81 1 v e f sicp SX J 5 ' } Y MAyor Verre: There's a motion on the floor. Is there a second to the 'motion? 1§ there a second to the motion? Now, Mr. Lacasa, let me state, for the re- cotdj that in principle I would second your motion, but obviously, since there is no other and I will be happy to do if somebody asks me to do, but at that ,point, I think what you have is a 2 to 2 vote from what I sense the feeling; if you want to put that on the record, I will be happy to second your motion. Mr. Lacasa: I just a point, I think, that we're going to lose 8 people on July 1st. City services are going to be effected to a certain extent, be- cause there are 8 people less, then we'll have to provide services. Eight families are going to suffer a loss of salary and it all might be for nothing, so since the union has gone through the trouble of raising this question, some of which might be very valid, I think that we could save those 8 heads, as far as July 1st is concerned, until after a clear definition is reached which could be in a matter of may be 15 days, may be 19. The 9til o,`_ July when we have the next City Commission hearing we would some answer from the administration and if still there is reason to continue the layoff policy, then we might go and layoff. Mr. Plummer: I never heard a second to the motion. Rev. Gibson: If you're talking about hold off until what...' Mr. Lacasa: July 9th. Rev. Gibson: ....July 9th, that's about a week. I would hope that we aren''t.- in such bad shape that we can't wait another week. Is that impossible? Mayor Ferre: Mr. Gary....Are you seconding the motion, Father? Rev. Gibson: Yes. I want to ask the question before I second. Do you mean to tell me that we're in bad shape that we can't another week? Mr. Gary: Commissioner Gibson, what we have confronting us is a very serious problem. We still talking about $9.2 million c,11ars, then you're talking about 49% of the budget absorption, the 9.2, because t.:e Felice arid Fire are excluded. For my budget deliberations, we're talking about some drastic cuts and when I mean drastic cuts, even to the point where we're talking about al- most eliminating the Department of Leisure Services, we're talking about cutt- ing back on our zoning violations which we talked about today, zoning and code enforcement, to postpone the situation, in my estimation I thought the City Commission had a very good policy in terms of trying to deal with our problems now so that when we go into 1981 we would have certainty as to where we're going, but to postpone it now means, if I postpone 8 people and we conclude at a later date that the figures are good, we're talking about maybe qetting rid of 12 poople, because we postponed the 8 people for a few months or a week to allow them to be on for next week, I would recommend against that policy of in view of the time constraint and the seriousness of the budget problem. Mr. Lacasa: Well, let me tell you this, Howard. Going back to this, you have several other examples that the situation is not as clear as it may look. Let me give you an example, we have allocated "x" number of dollars extra this year for hiring more policemen. Some of those monies, I understand, went to pay overtime for the police force because we could not hire those policemen, now we're budgeting, hopefully, to Hire "x" number of policemen to get the police force up to 1,000. Hey, that would be on paper, but I have tremendous reservations in view of the past performance of our Human Resources Department that we might be able to hire that many policemen, so we might have the money budgeted in here and we will end up with a big surplus in 1982 after we end up with that big surplus "x" number of people would have lost their jobs in the city of Miami and we would have to reduce other services ir. the city of Miami without further producing the services... Mayor Ferre: Of additional police. Mr. Lacasa: That's right. So, and then goes on and on and on, we have the hiring freeze and the hiring freeze position that has been budgeted and 0Pey Are not being spent. 158 JUN 2 5 19 81 live outside of our times. Now, the mood of the country seems to be in favor of that and we have to understand that we're going to have to reduce services, there just is no other way. We do have the ability to be all things to all people. I am prefectly willing, come what way, to bite some those bullets and I have gone on the record that I have a total open mind as to the police ser- vices. Of course, we want 1,200 policemen, we may not be able to afford it. Of course, we want 18 pools open year around, we may not be able to afford it. Of course, we want parks and recreation for everybody to play baseball, we may not be able to afford it. The State of Florida is 48th out of 50 states per capita in taxation. The business community thinks that's great because it is incentive for businessmen to come and invest in Florida, I agree with that. The people, however, who expect services from government don't think it's so hot because they don't get the kind of services. Now, you know, the quick and easy answer is do you want welfare, you want social services, you want hospitals, you want good schools with good teachers, then move out because it ain't herd and know that people get all upset when I make those statements, I qot some nasty letters from people in the school system when I said the state of Florida has one of the worst school systems in the country, we do and I'm sorry, you know, and there's no way that you can qet a free lunch, there is no such thing. You want good schools, you've got to pay for them. You don't pay for them, you don't have good schools, it's that simple and that's the way life is and we were there and we have to get to these decisions and they're not too far away and ves we Sant 1,000 policemen, but do we want to close down our parks. Now you say there might be some alternatives, I hope you're right. I nolne that somebody comes with a magic solution. I think there are some things we're going to be able to do such as addressing and I want to address the question of capital budgets, I think that we've got to stop all construction of all things other than those that have already been earmarked or coming out of bond issues that cannot be used in any other thing, I think that we've got divert CD funds and reverse our position on some of these things that we passed even as late as today. We may have to do all these things. These are the types of things that we may be forced into the very very near future. Tonight is not the night. That's going to take, in my opinion, not one day, 3 or 4 days of deliberations and even after we're through and even after we come up with all the gimmicks that we can, we're still going to have to cut and for those of you who insist to going up to a 1,000 policemen come what may, then, you're going to have to come up with the recommendations of what depts you want to shut. You know, you don't to touch the Fire Department. You don't want to touch the Police Department. You want to increase it, then please tell us where because this Commission is going to have to make the decisions as to what services are going to be cut. And it's that simple, but tonight is not that night, so you have a motion, you second Lc? Yes sir, let's try to make it brief. Mr. Plummer: Make it brief. I will be as brief as you were, I promise. Mr. Mayor, I'll do in less than 5. Mr. Mayor, the danger I see in voting in favor of this motion and really I agree that this motion is not that significant dollar wise. One of the greatest disagreements I had with Joe Grassie was the year that he proposed to layoff 400 people and Mr. Mayor, the one thing that this City cannot stand, in my estimation, whatever that figure is the filial day, whether it's 200, 400, 600 or what, is to drop that number of people all in a given day. Mr. Mayor, I don't think even the union would agree or disagree at this point knowing the little that we know at this point that 9 people have: to go between now and October 1st and I would hope that the administration could have a systematic process of laying some of these people off in sequences with 30 days notice, Mr. Gary, 30 days notice to allow these people to try and find other livehoods rather than dropping all of these people on September 31st. Imagine what this town is going to be on August 14th when 1,000 CETA employees ae 411 terminated on that day from the city of Miami, its going to be chaos. 159 JUN 251981 r Itiusiieri (continued) and l don't want to see that chaos a second time= I thihk you've got to come up with a systematic, r thirty; there�s no question that 9 employees are going to have to qo and if in fact that is the case, l'm going to vote against the motion, because what I'm indieatinq by my tuvqative _ vote is I want the Manager to prepare a systemat.i c sek_Iucncr of t imt, of layoff:: rather than a bomb that's going to kill us and that's, my negative votv and I just wanted to explain it. Mayor Ferre: In 30 seconds that bomb went off in November of 1980, sir, when this country and this state and this city of Miami and its majority voted for a President and there are no surprises, the President said exactly what he was going to do and President Reagan is doing exactly what he said he was going to do and I want to remind you that the people of Miami, I'm not talking about the people of Florida or the people of Connecticut or the people of California, the people of Miami within 801 some odd precincts or whatever it is, within the city of Miami the majority voted for Ronald Reagan, they knew exactly what they were voting for and that's what we're doing today, so please.... s Ot I;. _ . Lg�as�•, Ft�v. �ibaoh and May�,� �erf� 4 } Not Plummer. ��ii (jam A13SENT : M • Caro l lo.0��FF�{{ Mr. Ongie: Mr. Lacasa: Mr. Ongie: Rev. Gibson: Mr. Ongie: Mr. Plummer: Mr. Ongie: Mayor Ferre: ON ROLL CALL: Mayor Ferre: ments. nH i 2F'� Mr. Lacasa? - t t r ,+ � a+,n i�HSr 'ah 3� k•. a '�_ � � `�' .+:r ymk� �``7 a=•� i J a� w % . r �>w r� t3"4 }-v t "�' 2n' v rN� t Yes, , "�1��Fa1�, ��. �i�.�x5� � �a��y�,"�✓'�+�-v � t�OY�i h qt�°ib #,� � � ��'� �� ; Revs OibSonl p� s �' 7 k I & fx A_t' JI Yes. _ � i Y E �i3 P �np`�.`— 3- Dtr. Plummer? vt5t ii`. I've explained my reasons. Mayor Ferre? I vote yes. All right, Mr. Smith, you've got 3 minutes to make your state - Mr. Smith: It was very clearly stated in my testimony that this was a r05%• ` ('- ture, but I think it's important to note that I mentioned total past year's expenditures, total capital revenues where supposedly gains and losses are in doubt. Mr. Gary talked about waste disposal fees, no information was provided almost 60% of the cost allocation plan revenue was received halfway through the fiscal year. Our contention, simply, that as a result of the savings already instituted in the expenditure side of the budget there's going to be a substantial amount of surplus in going into the fiscal year of 1982 budget. Thank you for this opportunity to speak to you. ACCEPT REPORT FOR DiCWT-TOR'N Mayor Ferre: We're now going to yo or; to Barton tlaschman and Mr. 1`1111 ir1c'n % it would you, sir, would you make your presentation very quickly. This is item NS-3. Mr. Kaufman: Mr. Mayor, .nembers of the commission. This disucssion is to bring you up to date on the downtown government center project. You have be- fore a status report. Briefly it says that we're in the middle of the working draws , we propose to finish the drawings by the end of July and go to bid about that time asking for bids with the understanding that bond award would be made after the bond sale which would take place sometime in October. On July 9th we would like to come forward to the Commission with a bond ordinance, a revenue bond ordinance, so that we can proceed immediately into the validation of the bands whirls would then would be completed approximately at the time prior to the award of the contract. Mayor Ferre: What action do you need from this Commission? Mr. Kaufman: It would be very helpful for the official statement if the City Commission would adopt a proposed resolution accepting the final report of Barton Naschman. - Mayor Ferre: Are we ready to do that? If we can get a third member of t:111• Commission into the Chambers we might be able to get a motion to that effect Mr, Manager, did you review this along with Mr. Kaufman? 161 JUN251981 F i RAi 1 t 1 t 1. 1 4 1 € I f3 �t�' # la� 3Y,�'ii fl` f F � 1 ItYFY: `!1 i{fbT74 kt ;eS sir as well as the off street parking authority, M V6r Perre: And in your opinion the report that is before the Commission Asted May 1981 is a reasonable report that should be accepted? _ Mr. Gary: Yes sir and I would also like to let the City Commission know that they have another opportunity to review this matter when the bond ordinance comes before them as well as the financial statement. Mayor Ferre: Has the Off -Street Development Authority had an opportunity to re- view this? Mr. Gary: Yes, sir. They've been involved in the process with preliminary reports up to the final report. I've had numerous meetings with them as well as Mr. Kaufmann and they are in the process of preparing a report to the City as to whether this project is financially feasible. Mayor Ferre: Has the Downtown Development Authority had an opportunity to re- act? Mr. Gary: Yes, sir. Mayor Ferre: And is it favorable? Mr, Gary: Yes, sir. With one exception that's unfavorable. We are in the process of working out a similar management fee which is sufficient in this report that is equal to what we have with them with the garage at the World Trade Center. Mayor Ferre: Mr. Fine, has the Chamber of Commerce action Co-,rL-�,ittee dealing with Downtown had an opportunity to address itself to the proposed parking structure at the Downtown Governmental Center? Mr. Fine: I don't think we've been asked to review it, Mr. Mayor. -Mayor Ferre: Would you send copies to the Chamber and have them, in the future, react to it? Mr. Gary: Yes, sir.'T 7 tP`z:W` Mr. Fine: I'll be glad to, Mr. Mayor. , r bc< ri Mayor Ferre: Is there a motion that this report be accepted? , Mr. Lacasa: Move. Mayor Ferre: Moved by Lacasa, second by Gibson, further discussion on the Barton-Aschman & Associates Report dated May, 1981 as presented in this blue cover and made a part of the record? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-576 A RESOLUTION APPROVING AND ACCEPTING THE FINAL FEASIBILITY REPORT PREPARED BY BARTON-ASCHMAN ASSOCIATES, INC., DATED MAY, 1981, FOR THE PROPOSED DOWNTOWN GOVERNMENTAL CENTER PARKING FACILITY. (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: AYE;; Commissioner Armando Lacasa NOES; None, Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. FerreJoe Usroljo and J. L, Plummer, -Jr. 162 J Utz 2 5 i 9S1 0 have tow taken tip All the is that correct? Mt. Gary: Yes, sit. Mayor Terre: The rest of the items before us we'll take up After the totting agenda, sometime early in the ttothing� that means late tonight. 80 we ate stow on the Zoning Agenda. 4MEREUPON the City Commission proceeded to temporarily defer discussion on regular items of the agenda to take up the PL)MM ING & ZONING scheduled items. 51. SECOND READING ORDINANCE: CIWNGE ZONING CLASSIFICATION 700-798 826-922 N.W. 23 STREET FROM C-5 AND I-1 TO GU. Mayor Ferre: So we are now on the Zoning Agenda, item No. 1. Ladies and gentlemen, there are a lot of difficult and hot issues before us. 1 really don't know in God's world we can get through 21 hot items tonight, but I'm going to try, but I ask that you be brief, succinct, non -repetitious, that you spare us any emotional outcries, than you get right to the point, that you limit your time and I'll try to see if I can do the same from our end of things and maybe we can come to some good logical conclusions. Item #1 is an ordinance, on second reading, a Planning Department applica- tion to change zoning from. C-5 to I-1 and I-1 to GU. This item was passed on May 15, moved by Gibson, seconded by Carollo. Does anybody have any problem with item 1. Rev. Gibson: wove. AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF APPROXI- MATELY 700-798, 826-922 N.W. 23RD STREET, BEING LOTS 5 THRU 12, BLOCK 1, L.C. RICE ADD NO. 1 (9-175)1 AND ALL OF BLOCKS 1, 2, 3, AND 4 LESa Z53' + COM- MENCING AT N.W. LOTH AVENUE AND EXTENDING 1014.26 + EASTERLY MORE PRECISELY DESCRIBED IN DEED DATED DECEMBER 12, 1980 FROM SEABOARD COAST LINE RAILROAD COMPANY TO THE CITY OF MIAMI RECORDED ON THE OFFICIAL RECORDS OF DADE COUNTY BOOK 10979 PAGE 101, BOHEMIA PARK AMD (6-171), and UNPLATTED - PART OF N1/4 OF NE1/4 SE1/4 OF SE1/4 OF SECTION 26, TOWNSHIP 53 SOUTH, RANGE 41 EAST LESS E182' AND LESS S35' FOR STREET; E182' OF N1/4 OF NE1/4 OF SE1/4 OF SE/4 OF SECTION 26, T014'NSHIP 53 SOUTH, RANGE 41 EAST, LESS NW 7TH AVENUE AND LESS S35' TO SCL RY; FROM C-5 (LIBERAL COMMERCIAL) AND I-1 (LIGHT INDUSTRIAL) TO GU (GOVERNMENTAL USE 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 '!'HEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. S y' r5f max r rr'tsx Passed on its first reading by title at the meeting of I4ay 15, 1981 wag taken up for its second and final reading by title and adoption. Oil tYdtion of Commissioner Gibson, seconded by Commissioner Lacasa the Ordinatide 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. Ferre E�,;�� NOES,. None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE N0.9283 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. 52. SECOND READING ORDINANCE: XMEND ARTICLE :L:LLI OFF S'I'Rl'_}:'I' PARK- ING AND LOADI,�G TO PRtA'IUi': REi)t'CEI� STANDARD & C0:4PACT FAIF l'G SPACI.S. Mayor Ferre: Take up item 2. Second reading ordinance. Does antibody wish to speak on this item. If not, is there a motion? AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, TIIt: COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY MODIFYING ARTICLE }CRIII OFF-STREET PARKING AND LOADING, SECTION 2, SUBSECTION (2), PARAGRAPHS (a) AND (b) RELATING TO STANDARD AND COMPACT PARKING DIMENSIONS; BY REPEALING ALL ORDINANCES, CODE SECTION OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 28, 1981 was taken up for its second and final reading by title and adoption. On motion 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 Armando Lacasa Commissioner J. L. Plummer, Jr. r'=` Vice Mayor (Rev.) Theodore R. Gibson u�r Mayor Maurice A. Ferre - T 'r6 ,✓, lir Yy'Irc �r '� NOES; None. SENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO.9284 T;he City Attorney read the Ordinance into the public record and announced 164 JUN 2 51981 x kr�3 53. SECO;�D READIi;G ORDINANCE: A1-:EI,D ARTICLE IV, C,E.;ERAI. TO ALLGW ACCEPI'A 'CE: OF PLA I'TF.11) LOTi OK DIVIDED LOTS RECORD AS OF 9-25-4t, Mayor Ferre: Take up item 3, on second reading, Planning Department's s. application to amend acceptance secondedplatted Gibson.and Anybodydivided heretwishe,,ed on September 25 by plummer, to speak to this item? Is there a motion? Father Gibson: I move it again. Mayor Ferre: Gibson moves, Plummer seconds, the roll on item 3. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE N0. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY A. CHANGING THE _TITLE ^OF ARTICLE IV, SECTION 11 t KUN mL-rLni li+V "- TO "RE -PLATTED OR DIVIDED LOTS" AND BY DELETING SUBSECTION (1) THEREIN IN ITS ENTIRETY AND SUBSTITUTING A NEW SUBSECTION (1); B. BY CHANNGING THE TITLE OF ARTICLE IV, SECTION 7 FROM "EXISTING PLATTED LOTS" TO "EXISTING PLATTED OR DIVIDED LOTS", AND BY ADDING THE WORDS to DIVIDED" TO SUBSECTION (1) THEREIN; AND C. BY ADDING THE WORDS "DIVIDED OR" TO: ARTICLE V, SECTION 2, SUBSECTION (3); ARTICLE VI, SECTION 2, SUBSECTION (3); ARTICLE VII, SECTION 2, SUBSECTION (3); ARTICLE VIII, SECTION 2, SUBSECTION (1); PARAGRAPH (b); ARTICLE X, SECTION 2, SUBSECTION (2); ARTICLE X-1, SECTION 2, SUBSECTION (2); ARTICLE XI, SECTION 2, SUBSECTION (3); AND 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 May 28, 1981 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 r 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 3 9 NOkS: None !r AD$LN' Commissioner Joe Carollo aAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9285 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City COomms-on 4nd to the public. �ui� G J 17UI I n 54. SECOND READING ORDIIANCE: :V E,,D COMPREIIE:;SIVE ZOO ING 0RDI',;,V;C17 DRIVE I;; TELL:.% CO;:UITIO,*-Al, L'SE TO BL APPROVED BY THE CIT'i (:O:2IIS5I0,; Mayor Ferre: Item 4. Mr, Plummer: Move it. Mayor Ferre: Moved by Plummer. Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Under discussion? What are you complaining about? This is the Planning Department's application for Comprehensive Zoning Ordinance, drive-in tellers, and so on. Okay. Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. t AN ORDINANCE ENTITLED �' ��4',' AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE "AN, COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY DELETING ARTICLE XI RESIDENTIAL- M,' OFFICE R-C DISTRICT, SECTION 1, SUBSECTION (5) PARAGRAPH (b) ; ARTICLE XI-2 RESIDENTIAL OFFICE R-CB-DISTRICT, SECTION 1, SUBSECTION (7), 00, PARAGRAPH (e); ARTICLE XI-3 RESIDENTIAL OFFICE'} ,r COMMERCIAL R-C-1. DISTRICT, SECTION 1, SUBSECTION'`� AMU(7); ARTICLE XII LOCAL COMMERCIAL C-1 DISTRICT, , a Y SECTION 1, SUBSECTION (33) , PARAGRAPH (f) ; r ARTICLE XIV-I SPECIAL COPL*IERCIAL C-2A DISTRICT, �, x SECTION 1, SUBSECTION (57) PARAGRAPH Q ); AND � R,E TrADDING TO ARTICLE XVI-1 BOULEVARD CO*DIERCIAL DISTRICT C-4A SECTION 2 SUBSECTION (57) A NEW'y {g PARAGRAPH (k) ; TO READ AS FOLLOWS: "DRIVE-INr . TELLERS UPON RECOMMENDATION OF THE ZONING�� ' BOARD AND APPROVAL BY THE CITY COMMISSION"; BY a;tN s r REPEALING ALL ORDINANCES AND CODE SECTIONS, OR �ry PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE ' Passed on its first reading by title at the meeting of May 28,1981.was -taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, 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 i yly �1 NOES; None : ABSENT; Commissioner Joe Carollo SAID ORDINANCE WAS DZSIGNATED ORDINANCE NO. 9286 The City Attorney read the ordinance into the public rOPP 'd and announced that copies were available to the members o the City commis sio,1 d to the public. JUN 2181 K i a 'j fi� i t 55. BRIEF DISCUSS10N A11D DEFERRAL OF AGE -MA ITYMS 5 "A" AND 5 "B" Mayor Ferre: Take up item 5(a) on second reading. Gibson, do you want to move it again? Father Gibson: Yes. Mayor Ferre: Gibson moves. Is there a second? Is there a second? Mr. Lacasa: Which item? Mayor Ferre- 5 (a) . Mr. Lacasa: 5(a). Second. Mayor Ferre: Seconded by Lacasab Further discussion? Mr. Lacasa: Oh, oh. No. Just a minute. Mayor Ferre: All right, I'll tell you, this item will thev...islth at on the following agenda, I guess, because we don t have an_ acceptable to everybody here? } Mr. Whipple: That's a deferred item for additional information? Mr. Plummer: Was there a motion to defer? I didn't hear a motion to defer. Father Gibson: Motion to defer. Mayor Ferre: Are you going to try and kill this thing? 1 Father Gibson: I move to defer. 's Mr. Lacasa: I second. t _ r Mayor Ferre: Why go through it when their pulling,it, the adminstration just pulled the item. Mr. Plummer: Oh, okay. I didn't understand. Mr. 'Whipple: Mr. Mayor, there's a little problem with regard to time t"„ limits. Now, we would prefer to have the full Commission and if we could defer the item for additional information, that will stop the clock. We have a problem with timing. Mayor Ferre• All right, I would like to know whether or not the question of: the freedom of the individual who owns the property to comply with, or not to comply with the Heritage Foundation's recommendation on historical sites is a strigent as some people on the Commission seem to say that it is. It seems to me that what it does at worse, is it hold up the process of demolition of an historical site for a relatively short period of time. at's correct. And this information was given Mr. Whipple: Yes,sir, th to the Commission at the last meeting. Mayor Ferre: But it's not very clear to me so I would like for you to clarify it further. Okay? Now. based on that, I accept Father Gibson's motion that this item be deferred, seconded by Lacasa, #urthvr discussion on the request for further information, and therefore, for the deferral. Call the roll. 167 ,J U N 25 �1 In 4h UI �.'Y.�ya'C�'Fa t i K �4�"LslkLm��=G' �_ f ,l i b 1 } � Y , r. ar Ki JUN 251981 A . F1RST READING ORDINANCE: GROUND LEVEL PEDESTRIAN OPEN SPACK L56K IN SPD-1 CENTRAL, ISI...%ND DISTRICT Mayor Ferre: we're on Item ##6, an ordinance on First Reading. Ms. Janet Cooper: Mr. Mayor, Janet Cooper. On Item ii6 I have requested recusal of yourself. and Commissioner Lacasa for conflict of interest in that. Mr. Plummer: Hey, Father, isn't it nice to be poor? Mayor Ferre: Mr. Percy, I have here a letter from Janet Lenore Cooper which is dated the 25th day of June, 1981 asking me and Commissioner Lacasa to recuse myself from voting on this item under the premise that I am an inter- ested party and not only the question of personal benefit is involved since I have an option to purchase an apartment and which I'm going to clarify in a moment, but rather the question that she brings up is whether due to my personal financial interest in the matter I am in a position to make an im- partial decision on it. Let me for the record answer it this way. In the first place, I personally do not have a contract to buy an apartment in Brickell Isle. My wife and her two sisters do, my wife's interest is one- third of the apartment, it is not - this article in the Miami Herald written by Dan Williams on January llth is wrong. I have never had an option to buy an apartment. As I said before, my wife and her two sisters, my wife has one-third. Now, (2), Mr.. City Attorney ...... (INTERRUPTED BY MS. COOPER) I wish to continue my statement and finish and then I'll recognize you. (2) over the past 12 years on numerous occasions I have been confronted with voting on general issues such as Item c which is the ground level. pedestrian open space and the off-street parking for residential development pertains to Claughton Island also known as Birckell Island. Now, these items have dealt with general zoning matters at Blue Lagoon when I had an interest in Maule Industries, dealt with general items of re -zoning dealing with downtown Miami and I can think of at least, at least two dozen items that I have voted upon in general sense that if I had taken a very strict posture as recom- mended by Janet Lenore Cooper I would not have voted on. At the time of the vote, and on the question of my recusing myself from the vote, the determin- ing factor was both the law and my conscience and they're :elate.: because the law says if in my opinion I feel that my vote in any way would accrue to my financial benefit then I would recuse myself from voting. That is the Lithmus test, is that correct, Mr. Percy, as defined by the law? Mr. Terry Percy: Mr. Mayor, generally disclosure of a potential conflict is all that the law requires that a public official make when deliberating on a particular matter and that public official himself should make the determin- ation as to whether or not the matter could be considered deliberated on im- partially. So the judgement will be your's and Commissioner Lacasa's as to whether or not you could view this matter impartially and the fact that it has been disclosed on the public record that you do or do not, in fact, have an interest or potential interest in the project, additionally, I want to thank his. Waldman for affording our office the opportunity to rule on this legal challenge, heretofore in the past she has indicated to us when we wouldn't be caught blind -sided by challenges such as this. But again, the determination as to whether or not you and Commissioner Lacasa could rule or render a decision on this matter impartially is a decision that you will have to make in your conscience and I think legally the minimum requirement that you disclose on the public record what are the potential or real inter- ests that you have. Mayor Ferre: And furthermore, I might Point out that since I am about to sell t.hst �111.:Artment because my two sister -in-laws and my wife, the owners of the property, have decided to sell it even if there were a conflict I don't think it, it certainly wouldn't be in any way, in other words the sale of that property is going to go through one way or the other so I don't in my own mind have any feeling that I have in any way a financial gain or an inability to be objective and impartial in this decision and, therefore, Ms. Cooper, I respectfully at this time reject your recommendation of recusing thyself for the reasons stated in your letter. Ms. Cooper: Mr. Mayor, before you make a final decision may I point out three things. First of all, this item although it is couched in general terms of an ordinance revision is, in fact, a specific item that relates to 169 JUN 51Q91 i f W16 �f6ject and has beeh idthtified by the `carious mernbets of this C&MA- s.bii and the Manning Department as being an item of special interest ina ,Vol,Ving one particular project. Secondly, may I point out to you tYatt,44 Mayor Verre: That has no relationship to this item though. Ms. Cooper: I think it does. Mayor Ferre: Tell me how. Ms. Cooper: One of the reasons you gave, your primary reason for not recus- ing yourself was that this is an item of general concern dealing with a geh- eral ordinance that applies to a number of properties, in fact, it deals with only one particular property and one development. Secondly, in the situation of the Imperial project that was previously owned by your sister, not much different in degrees of relationship from ownership by your wife, the property was not then owned by your sister but had some three or four owners back been owned by your sister and you recused yourself on that. And may I point out that just last month at the last Manning and Zoning Hearing when the issue of the Heritage property came up and Comrissioner Plummer said that he had some property that could apply your comment on the record was, "You realize that that just disqualified you from voting on this". Mayor Ferre: Well, obviously on something as, and 1 won't say esoteric but I would say as nebulous as that is because frankly, that heritage issue is a non -issue in my opinion because it has absolutely no teeth after Plummer put the voluntary aspects of it so may I answer that by saying that that was a totally fascetious statement on my part in jest with Plummer and it has absolutely no meaning. Now, with regards to the question of your pointing out that I recused myself on the Imperial House vote, at that particular time the property, both my sister, as I recall, was still owe:i money on the property and for sure my wife was owed money on the lroplerty imme,iiately adjacent so I think that there the relationship was quite different from this one where there is no debt pending to me on this or to my wife or to her sisters. Ms. Waldman: But there is a current interest. Mayor Ferre: There is a current existing interest and the question that'I have to settle in my conscience is whether or not I feel that I have any financial gain by voting on this and the answer to that is clearly no. Ms. Cooper: I don't think it is a question of whether you're going to gain but whether there is a possibility of gain and as I explained in the letter which you didn't read into the record, there is a possibility..... Mayor Ferre: I'll put it into the record so that it is a matter of record . Janet, I still maintain my ..... Ms. Cooper: I just want you to know that this is not a personal or private., Mayor Ferre: I don't, I have never accepted.... I think that you have a very valid point, you're a tough lady, I don't always agree with you but I accept your integrity and I hope you accept mine. Mr. Lacasa: fly situation in this particular item is different from the Mayor, I do have in my own name a deposit made on an apartment in that particular building. I don't see how whichever way this goes is going to affect me, frankly, if I were to vote in favor of the issue actually I would be voting against my interest because what I would be doing is reducing the parking spaces and tht would be against my own personal interest. However, I don't want to jeopardize the application since as I said before as op- posed to the Mayor who has no legal ties whatsoever with this _particular project I do and consequently, I'm going to recuse myself. Mayor Ferre: Okay, go ahead. Mr. Richard Whipple: Mr. Mayor and members of the Commission, this item has been before you, it was heard by the Planning Advisory Board on September 17, 1980, it came to this Commission in October, it came to this Commission in Do ctnber of 80 and this Commission in January and February and in March it was det..ided, determined and legally so that the item had to go back before the Planning Advisory Board which it did, in May which they recommended ap- lt'oval, it came to this: Commission late in May, it was deferred and is here heforl. yc>u thins evcnin�. Tti.,t is the hi�lt:ory ct th, item. The re,or:i 170 JUN 510PI reflects that the Planning Department initiated these changes in number 6 And number 7 before you this evening for a change in the Special Island District. I would like to call to your attention the Planning Department's technical views regarding this. It is true perhaps that we have only applied the zoning district of SPD-1, a Special Island District to one island at the present time, however, it is available to apply on any other island, islands or any future islands that may be within the germane of the City of ?Miami. For instance, we do have about 5 or 6 islands this could be applicable to so I do not consider this a Special Island District. This district was designed with a large island in mind and we found that in working with the developer and recognizing certain physical constraints there were certain problems with respect to our wording and to our understanding of what we felt the applicable zoning regulations should be and for that reason we came before the iianning Advisory Board and the City Commission suggesting these amendments. These amendments would apply to any SPD-1 District and we have no problem with them applying to any SPD-1 District that occurs in the City of Miami. The first item, and as you have heard me discuss this before, is simply one as to definition of ground level open space as to whether ground level occurs at 6 feet above the bulkhead line or 20 feet or 30 feet. In recognition of construction problems, in recognition as to what can occur as a planned total development under the purview of this Commission and the administrative staff in reviewing it we find no problem in changing this definition to allow ground level open space at a height that is higher than what we had original- ly recommended. The second item has to do with parking. Not withstanding our every day workings with smaller projects, when you take a look at what has been happening with larger projects throughout the country and with larger projec's even within the City of Miami, we recognize certain things occurring;. We recognize a point that we have vacancies, we recognize the Point: that we have absentee ownerships, we recognize the point that we have attendan.•e or residency only on a part time, we recognize the point that if you have combined development or what have you with respect to commercial and office usage that it is not immediately necessary to have to meet the total stri,t parking requirements of the City of Miami with respect to combined develop- ment and what have you. It is on this basis and for this area alone that we are suggesting that the parking requirements be reduced, that they be commensurate with the standards and what is occurring with large develop- ments that have occurred in the City and throughout the country and, there- fore, we recommend this reduction for the SPD-1 Special Island District. Mayor Ferre: Counselor? Mr. Robert H. Traurig: Mr. Mayor and members of the Commission, my name is Robert H. Traurig. I'm here to represent the owners and developers of Claughton Island, formerly Claughton Island. We understand from discussions with Ms. Cooper that she has no problem with that portion of the proposed amendment to the ordinance dealing with the ground level open space, we are not going to belabor the issue, it will obviously create a better environ- ment to have the undulations resulting from the 5 feet then to 32 feet, the 32 feet can only be a very small portion of the island but it will add some interesting terrain to it. It is really covering up the garages with berms and so forth and landscaping on top of it and we feel that that will add a vetter living environment. The other portion of the ordinance that has had some discussion, and I wasn't present about 6 months ago when it was init- ially presented here but it is my understanding that Commissioner Plummer had some questions about the need for the traditional parking requirements, those parking requirements being 1.5, 1.75 and 2 parking spaces per unit depending on whether they were 2, 3 or 4 bedroom apartments. The developers of this island have a very substantial experience in dealing with develop- ment in the Brickell Avenue corridor, their experience tells them that the parking requirements are excessive for the kind of clientele that generally purchase those units because so many of those people have come here from other places and other countries and they don't live here on a permanent basis and they don't have several vehicles per family and the parking spaces are really not needed by those people. Furthermore, the proximity of this SPD-1 District to downtown, the use of a tram which will be a facility to be utilized by all of the residents of the island to go to downtown either to shop or to work and so forth, the proximity to what we hope will be a 11001110 mover station in the Brickell and Southeast, rather the Trail and t;0Ut hv.1:;t First Avenue area and generally experience which is supported by tho rol-It Mono in detail by Wilbur Smith whom this Commission has often tlstxi Lo Rio tialfic• studies and other studies dealing with traffic and trans- J)urt."Liun itrvolvinc7 the City of Miami. We believe militate in favor of they approval of a reduction of the parking requirements. Our analysis tells us that we didn't even need 1.25 but that was the suggestion and we're happy to live with 1.25, we think that it is a reasonable requirement and we urc?c, that yc,u sunl,ort your staff. Thank you. 3 14ay6t Perre: All right, Ms, Coopers Mr, Traurig: May I just one other thing with regar3 to the patking? I think that it should be noted that this doesn't apply to the entire island, that Phase I has already been constructed and it uses the full requirement, it provides for the full requirement. Phase Ii is about to start construe- tion and it too is going to be developed with the full parking requirements and Phase III has already been conceptually designed and will use the full present parking requirements.... Mayor Ferre: That is very important to me because that further strengthens my position of not recusing myself since my potention conflict would have been through my wife and my sister -in-laws in Phase i and that is not being changed is it? Mr. Traurig: No, it is not being changed, and as a matter of fact those three phases will contain 1055 of the required 2398 parking spaces for the island and if this ordinance is passed it will only apply to that other roughly one half of the island. we will monitor it carefully, if we think that it is in the best interest of the people who are going to be residents there we ought to have higher requirements obviously we'll provide them because obviously it will be a marketing decision. l'urthermore, I think it has been mentioned but it ought to be mentioned again„ if there is any adverse consequence flowing from the decision to reduce the parking re- quirements it would not impact the City generally, it would only impact this island and we urge you to take that into consideration. Ms. Janet Cooper: For the record, Janet Cooper, 1901. Brickell Avenue. Mr. Mayor, Father Gibson, Mr. Plummer, as I per, earlier,- this is really a special interest project application. It comes to you under the guise of. the Planning Department but it was actually initiated not by the Planning Department but by the developer. Various statements made on the record by Mr. Reid attest to that and I would like to read those brief statements into the record. On September 17th, 1960 before the ;ASS, Mr. Reid said, One thing that could be clarified that wasn't clarified during the public hear- ing, "This request was initiated by the developers of Claughton Island Also, on July 24, 1980 before the City Commission on a related item related specifically to the developers of this project who :4r. Trauric represents Mr. Reid was talking about the plan that you were seeing and he said, "...and in connection with the overall development plan V m Going to talk to that after the subject has been introduced. There is one technical amens:- ment that we hope to bring to you and to the Planning Advisory Board in Sept- ember and one substantive and very innovative change in the existing ordin- ance that has been proposed by the developer and which we would like to take to the Planning Advisory Board with a favorable recocranendation." So these statements corroborate my position that this actually is a special interest proposal actually proposed by the developer even though it is done in the name of the department which alleviates the developer from paying the City the needed $300 and costs the City the expense of obtaining the list of neighboring property owners. It has been stated before you man% times, not only tonight that there is a study related to the requirements of park- ing on Brickell Avenue. This item has been before you in various stages since October and at no time since October through today has that study ever appeared in file or in the records of this City. it is impossible for me to comment on that study to challenge it in any way in the way it was done or in its resu.ts other than my experience, and not knowing anything about the study other than what is told to us. Mayor Ferre: You mean because you haven't had access to the study? z Ms. Cooper: Exactly. Mayor Ferre: Is that study public document? r t r INI1UAI13I,E RESPONSE { f Mayor Ferre: You make that study available to her. 11s, Cooper: I understood that the study was done privately by the developer,, it was commissioned by them and that it is not in the record at this item, Mayor Ferre: Well wait a moment, now wait a minute. If the study is a docu- anent that belongs to the developer and has not been - counselor, you had better follow this because I don't know what your client wants on this or not - but if it is his study and it has not been a part of a public hearing or public discussion then that is another item. r, C I!� JUN251,� Mr. 'Traurig: I think that is our position. We did commission the study; we did pay for the study and we have submitted the study, obviously it is part of the public records and she is entitled to it. I will review with the clients between now and second reading the whole subject of delivery of a copy of the study. We have nothing to hide, I don't know whether or not we have the detailed study that has been typed and has been presented and I'll have to check that. Ms. Cooper: That supports my position that it is not available and it is not a part of the record. The study is based on the premise that the present parking requirements are not only adequate but greater than what is actually needed. I have lived in the area in which the study was al- legedly done and I can tell you from my experience of living there since shortly after the building opened in 1976 that there is inadequate parking provided there. I'd like to pass around to you all and make a part of the record pictures of the visitor parking that were taken on Sunday, :•lay 25th at approximately 3 P.M. Mayor Ferre: This is in your apartment? Ms. Cooper: This is at Brickell Place, Phase I which is where I understand the study was done. this was on Memorial Day Weekend when a number of the residents were away on vacation and you can see three vacancies at 3:00 in the afternoon which is not the peak for visitor parking. I have further evidence that the parking is insufficient at Brickell Place which I'll present to you a little later in my presentation. I cannot understand, I cannot see any reason why Brickell Key should be treated any differently than any other residential district in the City of Miami with perhaps the exception of downtown where there is a unique situation. This is basically a residential community and the people who will inhabit these buildings for 20, 30, 40 or 50 years are entitled to the same protection of the Zoning Code as are any other residents of the City of Miami and they are entitled to have as many places to park their cars as anyone else. There is a Great need for second spaces. Some of these needs include the owners' second and third cars as well as their first, employees of the individual owners household help, individual teachers who might come to instruct children, repair personnel, the owners' visitors and guests, anyone who might come to visit should have a place to park. All condominium employees including management, maintenance, housekeeping, porters, valets, security, gardeners, pool maintenance people, various recreational maintenance people, tennis pros, bookkeepers, secretaries, Brickell Place in December of 1980 had 53 employees. It now has another 8 employees and the Board of Directors has recently approved another 5 positions. Let me pass out my package to you at this time. Mayor Ferre: Janet, how long are you going to take in your presentation? Ms. Cooper: Maybe another 10 minutes. Mayor Ferre: As you know, under the Charter, I can limit any discussion 'to five minutes, I've let you taro for about 12 or 13. Ms. Cooper: I'll be as quick and brief as I can. The first letter in the packet shows that there is a shortage of spaces and that the employees have had to park in various places. Mr. Plummer: Excuse me, did you give a copy of this to Mr. Trauxig? Ms. Cooper: I'll be glad to. Mr. Plummer: Mr. Traurig..., Mayor Ferre: In exchange for his study. Ms. Cooper: The second page is a list documenting the 53 employees that were part of the condominium at the time of December, 1980. Now, if we consider the additional 13 employees to date that rounds for the 552 apartments at Brickell Place for one employee of the condominium for every 8 apartments. When you're talking about parking I think that is significant because those yeoldt- have to park someplace. I would also like to point out that this is mix-1 it ht:� been approved as mixed use development with com- m, J i,, I ', :,,.; •,lt i.1 ,, ;.i ,)t f ic,• ,,u•i t ht_• C_)T nt- as proposed to be changed 1 (J JUN 2 511181 Sc i b3o11'1itdgUire no additional park hi for the first 300,000 square feet of offide building. Now, the next part of the packet that you have is in 1978 which is the most recent study regarding autonohile use in bade County, this was done by Dade County, the Research Division of the plan ping Department, and I have duplicated the appropriate paces for you and I'll point out the important points. On pace 32 it. says that the number of autos available per household or per capita continues to increase. On page 36 it shows that for all households including those with no vehicles the average number of vehicles per household is 1.5, that's for households where there is an average income of $15,000 or above, and I don't think anyone would question that in order to live on Brickell Key you're going to have to have an income of over $15,000. The average number of automo- biles .s 1.9 and increasing. It says in this study that the households earning $15,000 or more usually own one car and this income bracket repres- ents the majority of households with two cars. On page 64 we learned that the proportion of three car plus households is expected to increase from only 2.4% in 1960 to a full 10% in the year 2000 when this building will be occupied and used by the people for whom it is being planned. And on page 65 we can see the increase in percentage of households with 3 or more cars. Now, by extrapolating out the information or, page 36 you can find out that 71% of all households with income of $15,000 or more have two or more vehicles. Now this is consistent with the 1.75 parking spaces required by the current code. That would be just sufficient for the num- ber of cars that are owned by the people, it would not accw,�;-nt for er..Ylcyee parking which is 1 for every 8 in my experience, it would not account for visitor and guest parking. The applici-nt whether you consider the ap-�li- cant the developer or the Planning Department, has stated to you that it is important to consider that a lot of these units are owned by people who don't live here all year round and who don't stay here all year round and maybe don't have cars. Well, first of all, when you're talking about planning for a building that is going to be here 40 or 50 _years the cur- rent market trend as to the nature of the• owners should not be considered because that may change radically with :aianges in taxes which we have seen recently where there is no longer the tag; henef.its for foreigners to buy property and to retain property and to sell property, we may see current changes in the political environments In various countries as we did in Nicaragua, a number of the Nicaraguan and Salvadorian people in my project who used to come in for a few weeks or a few months are now full time: residents of our condominium. This is very likely to happen and should not be the basis for etching something in stone as to the re- quirements of parking in the City. Mayor Ferre: You've got 4 minutes to go for your 10. Ms. Cooper: Okay. I'm going to pass out to you additional pictures. These pictures show the nature of reserving parking spaces with locked poles that block the spaces when the person who is assigned to that space cannot use it, it also shows how people who when they're absent don't have their cars always not there but they rather wrap them up very neatly with cloth and rope to tie them up and protect them from the elements. The developers, by the way, have never contested the fact that these spaces will be assigned and will not be available in large part in any event to the individual units. Mr. Plummer pointed out when this item came before you in December that on this island there is not going to be any on -street parking and that would not be available Lu alleviate any problem that might exist. He also pointed out that once you do this the cat is out of the bag, the horse is out of the barn and it could not be undone. Although at pres- ent this ordinance only applies to Claughton Island it could in the future be applied to other islands such as Watson Island. The developer stands to save millions and millions of dollars by this and the use they are going to put the property that would be developed in parking spaces to would be for storage purposes according to Mr. Braman, one of the representatives of the developer at the Planning Advisory Board Meeting on September 17, 1980. To close, 1 ' d like to 1)Ol nt out to you that this .',on i rig Ordinance - those pic- tures, by tilt! way, Mr. Crary, are for the record - the Zoning Ordinance in- t4t#t, Article I, says that the whole purpose of the Zoning Ordinance is to stabilize and enhance the property and civic values, to facilitate adequate provisions for vehicular parking, to lessen congestion, disorder and danger and to protect the common rights and interests within each district, I suggest to you that passing this ordinance would be contrary to each of the intents I just read to you straight out of the first section of our Zoning Ordinance and I think that this should be denied. Thank you. Mayor Ferre: Thank you, Ms. Cooper. Counselor: 174 r) 5 �98i Mrs TkAUtilt Yes, Mr, Mayott 1 didn't anticipate the kind of presentation Hiatt Mgt Cooper made, therefore, 1 hadn't called on the representative of Wilbur Smith to testify before you as to the precise number of vehicles on a day by day basis at Brickell Place and the rationale that was utilized.,.. Would you like to speak, Ms. Cooper? Ms. Cooper: No, not at this time, when you're done. Mr. Traurig: And the rationale that was utilized in reaching his conclusions. 1 would like to introduce into the record a report that was done on duly 18, -_ 1980 by Wilbur Smith and Associates which is really an in-house document, how- _ ever, it has a lot of notations in the margins, however, if it is important to be part of the record we'll be happy to make it part of the record, I'll submit it to the Clerk at this time and I'm sure that the Clerk will make a copy available to Ms. Cooper between now and second reading. I would like to introduce Mr. Phelps H. Bolkman who is an associate of Wilbur Smith and Associates but before doing so, just so you put things into perspective, I think it is very important when she talks about the shortage of parking spaces at Brickell Place that you know that they took 60 spaces and made it into a playground and if they had the 60 spaces that had been assigned for parking utilized for parking it might make a big difference in what she's saying to you. I would like at this time to call Mr. Bukman to address you for a moment as to the conclusions reached and how he derived those conclusions. _ Mayor Ferre: Counselor, before you do that, I'm sorry I can't resist asking you the question. 'Do you recall the Pavlovian ex,.eriment that was performed in the Soviet Union in the 1920's? Mr. Traurig: Yes. Mayor Ferre: Professor Pavlov evidently trained mice that whenever he rang a little bell the little gate would open and they would get their food and he got them to a point where by ringing the bell they would salivate and my question is since I saw you react so quickly when Ms. Cooper got up to the microphone is whether or not whenever you see her at a microphone you begin to get a little nervous? Mr. Plummer: Wait a minute, the question is is she the food or the mouse? Mr. Traurig: When I see her at the microphone I know she wants to talk. Ms. Cooper: Mr. Mayor, a few comments. Mr. Traurig: Wait, I just gave you the chance and you turned it down, I'd like Mr. Bukman to...... Ms. Cooper: I didn't want to interrupt you, I wanted to hear what you had to say before the next speaker. First of all, Brickell Place did not take 60 spaces as alleged by Mr. Traurig, after the last meeting at which he made that statement I went and checked it out, it was 11 compact spaces and 16 regular spaces and they were excess beyond what is currently required. Sec- ond of all, I'd like to point, I neglected to say that there were comments regarding the proximity to the people mover and the proximity to downtown in a tram service. Tram service may be provided initially when the developer is in control but there is no assurance that will do perpetual. There is not that much of a proximity to downtown as far as walking goes and it is certainly way out of range for the people mover station since the comments that have been made by the Planning Department with respect to the CBD-II district have been 600 to 1200 feet and the bridge alone to Claughton Island is 800 feet, it isn't even going to be close to the people mover really. And I would like to object, with all due respect, to the fine gentleman about to address you to his addressing you since the study has not been made available to me as part of the record on this item and, therefore, I cannot i1)tL111i()ent1y respond to what he says and I would prefer that he defer his 11tv-;t•ntation until the Second Reading when I've had an opportunity to review it. M4yot Ferret Janet, I'm sorry, but I'm going to let him make his statement, there will be a Second Reading and you'll have an opportunity at that time to react. You scared me for a moment, I thought you were going to tell me that his wife also had an option to buy an apartment. .... Go ahead, sir, Mr. Phelps Bukman: Mr. Mayor, my name is Phelps Bukman, I'm with Wilbur Smith and Associates. I will take only one minute to summarize, there is very little that I can offer that Ms. Cooper can comment on at this point. 175 JUN ? 511Q21 lei 7 a`9tudy in question was made at Btickell Place at 4 different periods, 4 diffetent days in 1979 and very briefly without going into any details and going into any of the base data the conclusion, the bottom line of the data which we accumulated showed that the occupancy of parking spaces in Btickell Place ranged between .83 and .91 vehicles per dwelling unit at any given time. This really is the summary of what our report says. Ms. Cooper: And in response to that I would like to say that that obviously does not consider the availability of spaces due the assignment to individual units of the spaces and it was not a question of the availability of a park- ing space if your guest came to park there. Mayor Ferre: Do you want to respond? Mr. Bukman: I'm tempted to give a personal respohseptoblet gttting a parking space there but I won't. Mayor Ferre: Do you live there? Mr. Bukman: No, I'm only a visitor. Mr. Traurig: Mr. Mayor, in summary, the Planning bepartmeht's recommendation is sound, we are an island, we don't impact any properties on the mainland, we will provide the tram service, we are not going to utilize the benefits of this ordinance in the first half of the development, we will closely mon- itor in the development and if we think that we have under e6timated our needs we will voluntarily change them because obviously it will impact our marketing if we've made a mistake. Wle urge you to support this today. Mayor Ferre: Questions from the Commission^ Mr. Plummer: Mr. Mayor, not really a ,uestion, but a change of position and to justify and to explain why. Mr. Mayor, as Janet brought out at the first couple of hearings I was very very concerned because once you build you build and it is an island and you don't expand and that's it. Mr. Mayor, two things have changed my mind (1) at that time it was my impression that that which was being proposed applied to the entire project of the entire island. Subsequently I have found that it only applies to half or the re- maining portion to be built. So what I had great fears of before were reduced immediately by 50%. The other item that I have become very aware of and not by vitrue of buying condominiums but by studying the market, Mr. Mayor, the people who buy condominiums today especially of the quality that you're talking I'm sure - I don't know what they cost on this island but I'm sure that they far exceed the people of a $15,000 income - they're sharp people, they're not dumb and those people are not goirla to bury Some- thing to get into a problem with a traffic jam or to yet into any area. I know for a fact in a number of condominiums that have recently opened 1 was amazed to find, and I don't know if it applies to Brickell Place, I do know it applies to Btickell Townhouse, that there were any number of people were offered additional second and third car spaces, of course, at an addi- tional premium and after making that offer there were still spaces that were not assigned, that were not used. I think that nothing we do here is etched in stone, I think in the same way when this initial ordinance was put in as an SPD-1 by Mrs. Gordon to build in certain safeguards I think at that time it was clearly stated that we were not definite but these are the things that we think that we needed. Times have changed and things have changed and it doesn't preclude that if, in fact, we see that this decision that we might or might not make here this evening we can't change again. So, Mr. Mayor, I'm saying to you we tried the SPD-1 as originally proposed, we have now found that the experience has shown that it is dif- ferent requirements. Mr. Mayor, I would move at this time that we adopt 17 k X J Ur 0Gl.11UN L.31 ti.KIlu-1 l.L.ly l ittll, 10 IM'ILI + DISTRICT PERTAINING TO GROUND LEVEL PEDESTRIAN OPEN SPACE AND REQUIRED OFF-STREET PARKING; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE w' A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND ti$ +r U DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS - THEREOF IN CONFLICT; AND CONTAI14ING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by passed on its first reading by title by the following vote- AYES: Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. ABSTAINING: Mr. Lacasa. The City Attorney read copies had been furnished to available to the public. Cotftissi0hdk Gibson and the ordinance into the record and stated that the City Commission and that copies were Mayor Ferre: In my vote let me explain that this matter has comes with the recommendation of the Planning Department, it comes with a recommended ap- proval for the pedestrian open space by the Planning Advisory Board on a 6 to 0 vote and a recommended approval for the Off-street parking item on a 4 to 2 vote. That the arguments made by Wilbur Smith and Associates in my opinion have weight because they are specialists in this field and that I think this is not an item that is forever chiseled in stone, it affects part of the project and, as I stated before, for a lot of reasons I don't feel that I have any personal reasons to recuse myself and on all those basises I, therefore, vote with the motion on First Reading. 57. FIRST READING ORDINtIL CE: NEW ARTICLE ',V-1 CENTRAL COM:IERCIAL CBD-2 DISTRICT Mayor Ferre: All right, we're now on item number 7. This is n) ordinance on first reading. A Planning Department application for central commercial, CBD-2 districts and if no legislative action is taken by the Commission within 90 days of this date, this item shall be deemed to have been denied. The Planning Advisory Board recommended approval, as amended, on a 7-0 basis. All right, Mr. Manager. Mr. Joe McManus: Joe McManus, the City of Miami Planning Department. Mr. Mayor and memberts of the Commission, the purpose of the CBD-2 district is to provide a mid -range intensity district which provides floor area ratios considerably greater than the floor area ratio "211 generally applicable in the City's commercial zoning districts outside C-3. This zoning district would recognize the development potential and provide for the orderly development of the OMNI area and the 2 block area immediately south of the Downtown Government Center. However, we are not making a recommendation to you for application of the district at this time, pending proper traffic planning for these areas. This proposed district has long been recoitunended by the consultants to the City in the Downtown Miami Urban Development and Zoning Planning. This plan was accepted by tliv Commission, by resolutions, in March and April of 1975. This plan Is comptchensive, it looks forward to the proper development of the CV11t1c1l :aria, 11Wludvd such major far seen projects as the Downtown Go vvrnniont Ccia er, Park West, and the development of Dupont Plaza, and 1110udt at that point, the major transit facilities, the regional rap1d transit system and the Downtown People Mover, Joint City 1.77 J U N ^ 51981 Ni {# i i f f aYi nsYn ,j yryT(( y 1bi� `d ka „ S �tra e i9 : q�y��4 (c t y tsxK W,, -�,t; t M'Si continued): Commission Planning Advisory Board public held in the proposed downtown zoning recommendations of the plan in February of 1976, but proved to be inconclusive. The most, recent draft of the downtown zoning provisions was forwarded to the Commission for your information in February of 1980- In short, that plan is comprehensive. This proposed CBD-2 district, as modified, further the purposes of that plan. The Planning, Advisory Board and June 17th cif this veer in considered this district on June f ap roximately 4 hours, and received public hearings lasting a total of alP input from the general public, interested developers, and potentially affected property owners. As a result of these hearings, both tile Advisory Planning Department recommended modifications and the Planning Board made certain amendmentsstothe district. L rict, Mr. Mayor. The et mCBDuckly review 2district the features of the zoning di l uses consistent with the Ch and C provides a range of commerciaIt commercial districts, and residential uses consin s amaximumRof•floor provides a range of development intensities up to area ratio 8. That is... Mayor Ferre: Which I might point out, like the Herald did I think in a recent editorial, that that's as high as Ted Hullo has gotten in hisVenetia North, whatever it is, proje t. Mr. McManus: That is correct, Mr. Mayor. ratioeS`. dlfc'ihement con,mertensltie' cial Ilse allowed for commercial uses, floor is in proximity to Rapid Transist or a Downtown People Mover Station, ofresidential it would achieve a floor area ratio 6. For mixedLlsesa floor`'c' maximum would be a floor area ratio of area ratio of 7, and in addition to that, an overal bonus ranging up to floor area ratio of 1 for the provision of ground level pedestrian space, through block connections, pedestrian plaza. Again, suggesting the area maximum floor area ratio or M. 'Phis again, matches the le development at the Plaza Venetia Proa�ca'flooroapeit lth 1 rearatioof 6.36. The Ball Point Project, Miami Center I, point being that a floor area ratio of 8 allows for substantial development. We are recommending in this ordinance, a dwelling unit density limitation of 150 square feet of lot area per dwelling unit, which is equivalent to 290 dwelling unitinthe per Parenthetically, ed new hensive there is no dwelling unit density Pr Zoning Ordinance, for your information. There is a usable open space requirement of 120 square feet per dwelling ant unitstreinset resid ntof110 developments. We are providing feet at the ground level, and a side street set beck of 5 feet. Above a height of 10 feet, the buigverticallythen forreturn anotherback 100 fto leetbbefore ase building line and proceed upward it... tion on that. UThy only 100? Why not Mayor Ferre: I have a ques 150 if it works out that way? Mr. McManus: We are suggesting that to a point 100 feet above grade, mum 18 foot set back at that point, again that there would be a maxi plane coming down through the ground level. to provide a light and air - Mayor Ferre: Okay. You didn't answer my question, but... Mr. McManus: Well, Mr. Mayor, if you wery to proceed higher inoing a light g down vertical face than that, you progressivel decrease the to the street. Mayor Ferre: Okay. I understand. Mr. McManus: There is an off-street parking requirement of one parking; and there is no parking space per dwelling unit for residential uses requirement for commercial uses. Parking spaces in excess of 11QY of the number of dwelling units in residential projects, and all other conditional use approval. parking facilities would require a Again, we ce on the automobile where we're are trying to decrease the dependen suggesting these districts be mapped would be to Rapid Transit, 178 V1UN 251981 ` � a t >r t s MManus (continued): Downtown People Mover Stations. These off-stteet parking facilities could be located up to 600 feet distance of the pteihises they are to serve. Again, with the idea of providing some flexibility to the locations of these facilities. Mr. Mayor and members "of the Commission, that concludes my presentation. Mayor Ferre: And a very good presentation it was. All right, who wishes to challenge this, dispute it? Who wants to talk about it? Mr. Fine, Mr. Martin Fine: Air. Mayor and members of the Commission, my name is Martin Fine, and I am representing several of the property owners who own substantial amounts of property in the areas that would be designated to this category. It's awfully late, but it's very important that we send some time on this, and I will try to be brief. Firstly, let me say that I think it's completely unfair to compare this to what was, or is a C-1 district. That's really ancient history in this community. What it really should be compared to is a C-3 district because you've already zoned the C-3 district. And it really is appropriate to talk from that platform. Very briefly, let me say firstly, that we want to con:nend your Planning Department and staff, and your Manager's Office in terms of working with the owners of the property in this area. They've been very patient and we've met with them on many occasions, and they've been most cooperative. There are basically several areas that we disagree with which can he summarized very quickly. And if I may, may I ask Ted Hollo to speak first, who has a history of development in that area and has some comments to make. Mr. Ted Hollo: Honorable Mayor, members of the Commission, my name is Ted Hollo, 444 Brickell Avenue. 1 heard my name quite a number of times mentioned, so it's more than appropriate that I should say a few words about what this new zoning is about. The department has made some great efforts in this particular case, to present you an overall ordinance which would be a buffer ordinance between a C-3 and a C-1 type of zoning. I have no fault on that. There is, however, a very important consideration. As a City is reaching its destiny, and as a City is becoming a sophisticated urban community, a place for all, I think that it cannot be called a location for all. We cannot take a zoning classification and say that from 27th Avenue and S.W. 80th Street is the same thing as 13th Street and Biscayne Boulevard, for instance, and say that well, this is our intermediate classification, let's call it that. I think that to do a comprehensive, understanding analysis of this particular area, or any area of the City, I think that the department together with the community should really examine every little parcel, every little block in that particular community. I'd like to point out one interesting fact that has happened, which I think is the conerstone of the development which is now OMNI, and they northern anchor of our downtown. There is one particular block, for instance, between 14th and 15th Streets, on the east side of Biscayne Boulevard. Can you call that, for instance, the same zoning as let us say intermediate zoning classification that you want to give say somewhere on 84th Street, S.W. I don't even think so. Examine that parcel, for instance. It is inter -facing with a proposed major city garage, Off -Street parking garage of 2,300 cars. It is inter -facing, and it is actually anchoring on the Downtown People Mover northern terminal. The particular block I am mentioning is scheduled to have an overpass to the OMNI complex scheduled to have a possible overpass to a new development that will take place on the southwest corner of that particular intersection, which is now the old Sears building, and the 1440 building, connecting overhead just like the Minneapolis Nicolet Mall. A magnificent complete comprehensive, total development. Mayor Ferre: What are you recommending, Mr. Hollo? Mr, Hollo; I feel, Mr. Mayor and members of the Commission, that the ordinance as it's recommended maybe a very fine ordinance, but it really cannot be an umbrella for everyone of the areas. If it is, you will have people like myself and fine developers coming to you constantly, one after the other, asking for more variances. 179 i , r IN a v� a5 rk t q 6 tyH 7 vo- R i t` t '4 +s t o Diu t4i`^fY3 NOR, ��. t �, rid ^'�, t t � a4al� it � s � s4 sj� s .- "".S„�a� •'t;,��rFp�, ��^rye, i��Z' �{"i i ,� t e! it's going 'to happen anyway, k. M,ioliow: Well, unfortunately... Mayor Ferre: No matter what we do, it's going to happen, Mr. Hollo: Mr. Mayor, I think that the ordinance, as it's written' really is not a panacea for everything that all of the parcels over in that area. Mayor Ferre: What's your recommendation? Mr. Hollo: I would recommend particularly 2 things. 2 items. You're analyst, who you engaged, called mixed developments, anything, mixed retail, and office, mixed retail, apartments, residental, mixed office and residential, the ordinance only calls mixed developments residential and combined with commercial•Thattsmixedlac.,; because development.your on Retail and calls any kind of mixed development, office is a mixed development. Very much so. That's number 1. And I think that the FAR as it is recommended by the department is sorely defficient especially in certain areas. I examined it very carefully, and I think that the current sophistication this City has reached, the current destiny this City has reached, we are looking much closer to a developed FAR ordinance. Mayor Ferre: Well, okay, So, specifically your recommendations are that in the definition of mixed, that it includes all different varieties JLOU 1i V " " Mrs T, 1461io: (Continued) .., especially in certain areas, I examined it 'Vefy carefully and 1 think that the current sophistication this City has reached, the current destiny this City has reached, we are looking much closer to a 12 F.A.R. ordinance. Mayor Ferre: Well, Okay, so specifically your recommendations are that in the definition of mixed that it includes all different vanities of mixes and that the bonuses apply to that, Mr. Hollo: That is correct. Mayor Ferre: But that really is a moot point because if we go up to 12 F,A.R. it doesn't really much matter what kind of a,,,, So the real point is the F.A.R. Mr. Hollo: You are right, Mr. Mayor. My point would be a maximum of 12 F.A.R. including bonuses, including mixed developments, including D.P.M. stations.... Mayor Ferre: Rather than a maximum of 8. So in effect what you are saying is that we take all of the categories that we have and increase the F.A.R. by 50% in each case. That, therefore, would take it 8, would take it to 12, 5 would take it to 7� as a minimum base and so on. Would that cover it? Mr. Rollo: Yes, it would very much be my recommendation to create an umbrella policy. Mr. Plummer: Well, let me explore that for one minute. If I understand cor- rectly, Ted, and to the Department, Mr. Mc Manus, what you are proposing here is to be a buffer, in effect, between the C-3 and the C-1 somewhere in between. All right, now, the present C-3 has an FAR of what, 30? Mr. Hollo: 30. Mr. Plummer: Okay. Now, and as I recall, Biscayne 1 which is the most density that we have of any building in this community is an FAR of what? Mr. Reid: Well, the most intense building is 24 but it doesn't cover the entire block, it was the former New world Center Building or the New World' Center Building. Mr. Plummer: As I recall, it came out to a realistic about a 20. Mr. Reid: I think it is 24, but it is the biggest. 1 Mr. Plummer: All right. So what we're really in effect saying is that ^' no one ever has built an FAR of 30. Mr. Reid: That's correct, Commissioner. Mr. Plummer: Now, what Ted is making sense to me is, what is the FAR'of: % C-l? Mr. Whipple: 2.0 Mr. Plummer: 2.0 with or without bonuses? Mr. Whipple: No bonuses. UNIDENTIFIED SPEAKER NOT USING MICROPHONE: Let me run down the basic projects. Mr. Gary: They can't see it, you've got to bring it up here. Mayor Ferre: But I tell you, if you outline what they are we don't have to see it. Whipple, I finally figured out what you did at the University of Miami for four years. Mt. Mc Manus: The One Hundred Biscayne Building has a floor area ratio of '4, One Biscayne is 18.3, the Amerifirst Building is 10.6, the Congress Build- in(t is 18.0, Miami Center II as proposed is 13.64, Southeast Bank's is 12.75, Ba11 Point/Miami Center is 6.36. Now, the block that is developed to the greatest. intensity is the one with the One Biscayne and Amerifirst buildings on it at 13.7. Now, all of these are encompassed..... Mayor Ferre: Let me tell you what the falacy of that is, Joe. Let me tell you the falacy of that. The One Biscayne Building which I'm fairly familiar �� JUN 251981 With has 1,000,000 square feet of space. Now, that includes parking, lei the calculation parking doesn't quite count the same way. But from 16 miles out at sea or from Miami Beach or on the causeway the observer doesn't know whether that bulk is for parking or people or what have you and the fact is that One Biscayne is 1,000,000 square feet and if you divide that by 39,000 square feet that it is on - you're quick at math) tell me what that is, it is over 20. Mr, Hollo: It is approximately 27. Mayor Ferree All right, now tell me what you have`.on that thing there, You say it is 14? Mr. uollo: One Biscayne is 18.3. Mayor Ferre: 18.3, but it isn't 18.3 because if you really look at the volumetric aspect of it, the bulk of it, from 3 miles away it is 27. So, you know, I know we're comparing apples to apples and that would be true to something else too, but what when you're talking .about the bulk of a building in an FAR relationship you have, for example, the One Biscayne Building, I mean the Hundred Biscayne Building which I'm also familiar with and that is you say 24? But you see, that has no parking. So you're comparing a building that has parking with a building that doesn't have parking and from an observer in Miami Beach or on the causeway �-,r in the Norway looking at the skyline of Miami the One Biscayne Building looks like a hell of a lot bigger bulky building than the one Hundred Biscayne Building does and'the fact is that it is. But according to that chart it isn't. Yes, sir. Mr. Mc Manus: (Not using microphone) Mr. Mayor, let me point out to you that the vertical scale here...... Mayor Ferre: I understand that that's a Floor Area Ratio and that's what I'm talking about. I am sayii,g that the bulk of One Biscayne is substant- ially more proportionately obviously because one is a much smaller project, one has 360,000 square feet, the other has 1,000,OCi0 square: feet. Mr. Whipple: But Mr. Mayor, when you talk about ? miles off you can't determine a 1.0 or 2.0 or a 17 versus an 18 FAR when you look at a build- ing. The bulk does not relate to 3 miles off, it relates to the plan, the ability to accomodate an intensity, to be able to move people, to keep your circulation system working, not just the visual bulk of it, that is not the point at all, sir. All the intra-structure has to work - waters and sewers, circulation and traffic. Mayor Ferre: Let me answer it this way. I just came back. from New York City a couple of days ago and they say that New York City is a horrible horrible horrible place. Of course, it the place where all the theatre is, it's the place where all the art is, it is the place where all the major office buildings are, all the major banks, all the major commerce of the world, the buildings are unbelievably, the bigger they get rather than being oppressive in my opinion they liven utD a city. The City Cori). Tower in my opinion is not a detraction but an addition to the skyline and to the quality of life of New York and it is a monster. And the point I guess I'm trying to say in all this is it is not how many people you stack up but how you stack them and what is the end result of the process because rather than property values going down in ,dew York when we talk about $100 a square foot we think that is a monstrous price - there is no such price in Park Avenue or 5th Avenue or anywhere in New York left. There they're talking about $300 and $400 a square toot. So I guess what I'm trying to say is that rather than sink Manhattan and rather than make the place less liveable it has made it in my opinion more liveable. So I don't see that the FAR ratio is the ultimate answer or the ultimate issue. What is important is transportation, the availability of servic- ing the urban life, whether people are able tc; walk to their homes which is a very important consideration in Manhattan where people walk five or ten miles or they ride the buses and go home and here we live in the com- munity where we keep on killing the efforts of building downtown into a residential area. And Ted, with the exception of you there have been very few people who have had the courage or the conviction of putting your money up, you know, and taking the risk of something that evidently no- body wants to do in Miami - that is build residential in the core area. Now, the FAR issue as you know, Dick, because you've been hearing me spout about this for 12 years, I think that FhR in the downtown area is as fal- lacious an argument as is the limitation of zoning requirements which is why we have taken such a long time. That i� _ Laic:. o be n: c�pinic;n. 1 182 J U N 2519`1 Mr. Plummer: There's the dirty guy. Mayor Ferret Yes, and he was crazy to do it. At the time it didn't make any economic sense and that building sat there losing money for seven or eight years and the fact is that now in the last five years there is a tremendous resurgence. It's got nothing to do with zoning because the best zoning barometer in my opinion in the downtown core area is the economy. That is the determining factor as to whether buildings make sense and whether an urban area whether it be Houston, Jacksonville, New Orleans, Los Angeles or Miami gets built or not. Mr. Reid: Mr. Mayor, could I comment? Because I think you are absolutely right in terms of the key issue being transportation rather than FAR, but the two are related. Now, for example, this Commission is considering developments in the DuPont Plaza area with Southeast Bank and Hollywell Corporation. The net FAR of those two developments averages about 13. To serve those two developments we have I-95, we have a garage that can —_ be load-d right into I-95 and we have a double loop People Mover System. The area we're talking about tonight we hope will have a leg of the People Mover. It doesn't have particularly good access to the expressway because, in fact, today there is a problem in terms of that access under 395 so -_ we have to relate the permitted development for the area to what we can support it with in terms of public facilities. We don't want our city to - choke to death and we don't want the first developer that gets in to be the only beneficiary of the fact that we're building a people mover and a road. Mayor Ferret Mr. Reid, you at one time were a professor of planning, weren't; you? Mr. Reid: I was trying to be professorial, I'll say t1-at. Mayor Ferre: All right, let me tell you what Planning 101 teaches. I like to call it the Arthur Vining Davis Approach and the Gould/Hood Bassett Approach, Counselor, in honor of one of your clients. The Arthur Vining Davis Approach went something like this: He owns all the property out there in a place called Kendall. He goes up to Farris Bryant and convinces him to build a road. The road is built and the Miami Herald lambasted it with a major editorial calling it "The Road to Nowhere". Within 5 years the whole place filled out. Now that is the approach of planning, that you build a road or you build transportation and where you build transportation that's wi,..re the community fills out. The othe-- approach to the problem is you sit around waiting for government to solve your problem and govern- ment never does solve your problem. So what you go ahead and you do is you say, "The hell with it, I'm going to build my building anyway" and the next thing you know is the building is under construction and govern- ment has to solve your problem because you have to build the bridges and you have to build the roads and you have to build the access. And so I guess what I'm saying is in answer to your proposition is yes, I think you're right, that the best way of doing it is to build the transportation first and then hopefully the place will fill out. But I don't know of too many Arthur Vining Davises in this town, we just lost one a couple of days ago, his name was Ed Ball. But other than Ed Ball and Arthur Vining Davis and Ted Hollo and maybe two or three others there's just not that many people who are able to do that. So the alternative is you just go ahead and get the buildings there, believe me somehow, some way government in this democracy of our's unfortunately, by the way, is reactive. And what Will happen is that there will be a reaction and the problem will be solved, Mt, Reid: Just as an example, Mr. Mayor, in terms of the Omni area we're t.alkintl about, if' we were to zone 12 acres which is about 4 blocks to an PAk of 10 it would generate in excess of 5,000,000 square foot of space and 183 JUN 25 1981 r that is bigget than is being proposed in Miami Center: Mayor Perre: The economy decides that. The economy decides that because you see, the argument is Brickell Avenue is terrible. Well, maybe it is terrible, I don't know. You see, my father used to say that that was ter- rible because if people did not build in Brickell Avenue they would build in downtown Miami. Do you know what time has shown? He was wrong. Do you know why? Because if we had prohibited building of office space on Brickell Avenue those dinky little buildings on Brickell Avenue would have built up in the DuPont Plaza and all over downtown and you would have 5 and 10 and 15 story buildings and you'd never be getting Southeast Center, you'd never be getting Gould Center and you'd never be getting Miami Center and vou'd never be getting all these other major projects that are really going to make Miami a large urban city. So the fact that Brickell Avenue leapfrogged. Okay? And that downtown was left alone and it was all built up on Brickell turned out to be wrong in the beginning and terriffic in the end because it filled out Brickell Avenue with all these dinky little buildings - I don't mean to be disrespectful to all those nice 10 and 15 story buildings - but it then now has taken up all the space and now builders are forced to come back across the river because there is no more space. And the fact is that we're going to end up with a nice Brickell Avenue and a better downtown ten years from now. Mr. Plummer: Ted, wait a minute for my colleague who wasn't around for Arthur Vining Davis. Mr. Lacasa, Mr. Davis was one of the giants of real- estate in south Florida and I want you to know that contrary to what the Mayor said that in Planning 101 it was the Arthur Vining Davis Theory in Planning 102, his home in this community was known as Journey's End. Mayor Ferre: Now see, that is a professional joke for somebody who was an undertaker so you have to take that into account. Mr. Plummer: I would loved to have owned it, Mr. Mayor, it would have made a hell of a funeral home. Mr. Hollo: Honorable Commissioner, Mr. Mayor, somehow I must give a great kudo to Jim Reid because this particular ordinance that is in front of you is tending to accomplish a very important thing for this community which is the discouragement of garage buildings such as #1 Biscayne Boulevard, such as a big 500,000 square foot of garage to give place to invite the most needed element in this City which is a downtown connector of the rapid transport. We must have it. Without that the rapid transport is meaningless so this ordinance really is trying to achieve that and it is so very much pulling it together, what you said, Mr. Mayor, and that is that here is this bulk of a building called number One Biscayne Boulevard, it disposes of 1,166,000 square feet, 500,000 square foot of it, almost a half of it is a big big bulky garage. So whether you are close to it, a block away from it or three miles out on the sea you see that damned bulk, that's what you're looking at. You are looking at 500,000 feet of garage besides a 662,000 square feet of office building. You are looking at the bulk of 1,162,000 feet. Mayor Ferre: Ted, get to the bottom line. Now the bottom line is, I respectfully disagree with your first premise because the incentive really is based in ...'_xed use to try to encourage residential. Now we don't have a problem in encouraging office or encouraging commercial and all of that. So whereas you're right to a certain degree I think you're wrong down in the bottom line. The bottom line is we want residential. And I think what the real issue is and where I think I tend to agree with you is in the FAR relationship. That is the area where I think we need to think about it. Now, I really think, Mr.Mc Manus, that the presentation that has been made to the City Commission in the study that you made, and you Dick, and Joe and all of you in the Department is without any question one of the best professional studies that I've seen in the City of Miami, it really is first class. Jim, it is a first class approach and it is a first class result. The only question that I have on it is the FAR, the only question that I have. Mr. Martin Fine: Mr. Mayor, may I respond to that and try to make a sug- gestion that I think would get us moving along? Personally I want to echo Mr. Hollo's sentiments and on page 12 if you look at Section 7-1a, I think Mr. Hollo is suggesting that that be increased from 5 to 12. On page 13.... Mayor Ferre: Oh no, Mr. Hollo was saying that we go from 8 to 12. 1S4 JUN 251981 a u ; wii' ej #+®} gr'F iT r Mn Pima i All tight MAybt Pe.bte a in other word§ what we'to talkihi about i§ th ihefdam, Mr, Plummer: With incentives and bonuses. Mayor Ferre: Yes, in other words if you're talking about A you'd be talk, ing about 12. If you're talking about 5 you'd be talking about 7�. Mr. Fine: I was trying to point out that the 7, you're correct, the 7 is for the bonus for the access of the transportation. I particularly want to bring to your attention paragraph C on the top of page 13, and we would respectfully suggest that paragraph C, you look at it very carefully be- cause of what you just said and we think very strongly that's right and that is that to give a special consideration for the bonuses because of a mixed use which specifically in this case is residential and commercial and we would recommend that paragraph C be amended from 7.0 to 10 so that it enjoys the benefit of the same type of bonuses that you want to encour= age in order to bring people downtown. Mayor Ferre: Mr. Hollo was recommending what would be a 50% increase, so in effect applied to this it would be from 7 to 10�. Mr. Fine: Well, let me say this, I'm perfectly happy to do that, I just want to point out toyou that I think it is still low and it really is un- realistic when you get to thL fact that one of the reasons, for example, that Bicentennial park isn't used is because there aren't people around there. Mayor Ferre: Precisely►. Mr. Fine: And what we're really suggesting is somewhere between 10 and 10� with the additional bonus in paragraph D being - let me give you one last one, please, in terms of .langauge. Mayor Ferre: It's 10:40, Marty, and I want to get home by 1:00 O'Clock. Mr. Fine: I haven't spoken for two minutes so I just want to give you one other comment. After the word uses in the second line of D we asked Mr. Mc Mannus to insert in there "or a combination thereof". Mayor Ferre: You're talking about mixed use? Mr. Fine: Well, it's Floor Area... Yes. It was for either residential or non-residential uses or a combination thereof and I think he is in accordance with that. Mayor Ferre: I have expressed my opinion that wh-t we want to try to in- duce is residential. I'm not interested in trying to induce anything else that won't happen naturally anyway because I don't think there will be any people reluctant to put up office buildings or commercial or hotels. Mr. Fine: My suggestion carries that out, Mr. Mayor, it's a technical language and they're in accordance with it. Mayor Ferre: If they're in accord with it I've got no problem with it. Janet? Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. I have been work- ing on this ordinance not as closely with the Department as some of the developers but involved in all the public hearings before the Planning Advisory Board and I think also it is a very good ordinance. I think you'll recall that on a number of occasions I came before the Commission advocating higher use in the appropriate areas. This is an appropriate area for higher use. I don't believe it is an appropriate area for 12 or 15 but I do believe that as proposed by the Planning Department it is an appropriate ordinance that should be in effect in that area. We're not talking about downtown, Mr. Mayor, if we were I would agree with you but we're not. This is significantly a distance from downtown and it should not be treated the same as downtown. It is a high development _ area but not that high so I would support the ordinance as the department proposes it with one very minor exception on page 8, front street setbacks, it requires a setback of 10 feet for a 110 feet and then you can build la,--k out. to the building line. As I stated before the Planning Advisory Niard, 1 doii't fetal that that is sufficient, they originally were talking 185 Mayor Ferre: You mean you can go back 10 feet and you want 18? Ms. Cooper: Going back 10 feet for a height of 18 feet instead only 10, I think 10 is too low. Mayor Ferre: I think you're right. Ms. Cooper: So I would recommend that change, otherwise I would suggest that you pass as presented by the Department. Thank you. Mayor Ferre: I think that is a very valid suggestion on that last one and I happen to agree, Mr. Fine, that I think we ought to go a little bit higher. Mr. Fine: I might just point out to you that architects and engineers say that that extra story in height causes very severe engineering and architectural problems which results in extra cost problems, your Depart- ment studied that and agreed with our conclusion. Mayor Ferre: Mr. Mc Manus? Mr. Mc Manus:: Mr. Mayor, I think what we want to do is provide first of all some ground level space and that is accomplished by providing some reasonable head level the.r�? at 10 feet. Mayor Ferre: Yes, but there's no question that architectually if you can go up a little higher than 10 feet you know it gives you a much more open feeling. Could we go up somewhat higher without causing a lot of cost to the construction of the building? Have you looked into that? Has some- body looked into that? One hundred feet? No, seriously now I need an answer to that. Mr. Mc Manus: Mr. Mayor, I think that again what we're talking about is providing ground level space for the pedestrian, I think that is provided at a 10 foot height. Obviously if a developer wants to go ahead and pro- vide a greater height that is entirely at his volition. Ms. Cooper: I point out, Mr. Mayor, that one of the changes from the original proposal of the Planning Department that was suggested by Mr. Fine and acted upon by the Department and I agreed upon it to permit within that 10 foot setback support columns and I suggest that that al- leviates the problem because the only difference whether you have the floor there or not is not for support. Mayor Ferre: Okay, so the middle ground is this: cantilevered 10 X 10 with support columns as approved by the department up to 18 feet and that alleviates your construction and that alleviates, if you put support col- umns that alleviate:, your construction costs and if architecturally you want to go higher there is an inducement in there to build something in there. I've got no problems with that. See, I went to the same archi- tecture school that Dick did. I went to -he same school you did. Mr. Whipple: In a very short comment with respect to the intensity again, as to the ability of the community in comparison in New York or whatever you want to say about it, 1) the intensity of development downtown in the C-3 district, a high intensity only exists in about 5% of what has been the downtown for a number of years and now we're skipping to let's say Omni or Brickell or what have you. We don't have that much of a problem in Brickell because we're around the range of 2.0 or 3.0. When you start by-passing the other 95% of downtown which is available for intensified development and for, in my opinion, good planning comprehensive planning sake where you can develop this, by-passing this and creating that other node at 4 times what has been done on Brickell I must say I have a prob- lem personally. This is what it is all about - can we handle it? Can the infra -structure handle it? Is this a proper thing to do to make a good downtown, to develop towards New York as you're suggesting, not necessarily that we have to develop it. Mayor Ferre: I'd like"to recommend a temporary solution. This is an item that is before us on First Reading if I'm not mistaken, is that cor- rect? I would like to recommend to this Commission that we pass this 1 J U N 2 51981 Mr. Lacasa: Mr. Mayor, I disagree and let me tell you why. A few days ago I was driving on I-95 and I was looking toward downtown Miami and 1 was watching the tremendous growth that we are experiencing in the City of Miami and I said to myself, we are doing this in this City which is becoming a big city in spite the staff of the City of Miami and then I said to myself, well, and I said in spite of the City of Miami because if yogi go by the record you will see that this Commission has been con- sistently turning down the recommendation of the staff on almost 80% of the big controversial projects that have come here, that has come to the attention of the City Commission. And then I went a little bit fur- ther and I said to myself but why? These people of the staff are well intentioned people. These people of the staff are good professionals, people that are capable of delivering this type of thinking as well as in other projects shows that you have the capability. So the problem has to be otherwise and the problem is a matter of philosophy and then I must admit that it comes back to the City Commission and I think that where we have failed, not so much the staff but we here, is to establish a clear definition of what we want to do in the City of Miami. And you have been working with a Code, you have been working with the same philos- ophy of the Miami'of the 1950's and here you have _he conflicting realit- ies of a municipal government that has gone well beyond its normal duties and we have entered into areas which usually are not those for a municipal government to enter into such as economic development, promotion of this City and the whole community in other countries such as the efforts that have been made toward Latin America, the internationalization of the City of Miami, the sponsoring of projects such as the Trade Fair of the Amer- icas, as the Free Zone, etc., the tremendous growth of the Port of Miami, and we have not really defined generally speaking and applied this philos- ophy of growth of big city to our building policies. And I think it is high time for us to do this so we don't have to be facing every night that we have a zoning hearing, this same type of a situation with the developers coming here requesting variances that they do not request variances just out of the clear blue sky. These variances mean higher density and that higher density is the answer to a reality which is called market because these developers are in the business of making money and the money is being made because there is a market and there is a market because there is a need and the need has been created by the realities of a city that has become a major city, that we have become a bridge to the Americas like the Mayor has many times said, that we are in the path of being one of the great cities of the United States. Downtown Miami has to be a big big downtown because this is going to be a big big city. To me, an FAR of 12 frankly is ridiculous for that particular area because when we have seen it that we have been living for years with the possibil- ity of having a 30 in downtown and the higher we have gone, and we felt that we had a monster and we were very proud of that very tall building that is Biscayne One and it only reaches 24 and nothing has deteriorated in the City of Miami because of that. On the contrary, we show with pride the growth and we show with pride our skyline. So quite frankly, I think this is a very good time to start defining that policy of this City Commission. As far as I am concerned I am for that big development in that particular area. I am for protecting other areas such as Coconut Grove but in the downtown Miami and those areas next to it and especially in this particular area to the north which has not kept the pace with what happened in Brickell, for instance, and which is to our advantage that it does, I am for at the very least adopting this proposition with an increase of 50% in the FAR at this particular First Reading and that is my motion. Mayor Ferre: Mr. Lacasa moves that Item 6 be approved except that in every case where there is FAR or bonuses mentioned the number be increased by 50%. Rev, Gibson: I second. Mayor Ferre: Seconded by Gibson. Further discussion? Mr, Reid: Mr, Mayor, could I mare one comment? Mayor Ferre: Yes, sir, 187 JUN 251981 Rev. Gibson: Mr. Mayor, I heard what Mr. Reid said. You know, about 18 months ago I said to this Commission, I said you know, you ought to get about the business of studying Biscayne Boulevard because just as sure as God made green apples that thing is going to change. Do you remember that? You all didn't pay me no mind. I believe, and I was speaking as a native, as sacred as I thought it used to be up, man, it has changed. Omni going up there lets you know it has changed. Hollo going up there lets you know that it has changed. I want, you can't believe me, I want our cathedral up there, I said it is going to change whether you like it or not. I said, so might just as well get your mind psychologically geared. I would rather go for a 10, 11 now and get it and start living with, dealing with it, planning so that you could live rather than be fooling around every time. We stay up here until 1 or 2:00 O'Clock talking about variance, variance, variance. Hey, come on, man. Mayor Ferre: Okay. We have a motion and a second, is there further dis- cussion? Mr. Plummer: Well, what are we going to do, Mr. Mayor, about the 'request of the Department, and I think it is a.... Mayor Ferre: I don't see that anybody is rushing to accept that into the motion.... Mr. Plummer: No, excuse me, I'm speaking of the traffic study. Mayor Ferre: I'm speaking of the traffic study. Do you see anybody rushing to amend the motion? Mr. Plummer: I'm losing something. Are you saying that you don't feel we need a traffic study? Mayor Ferre: You won't in a moment when the matter goes to a vote. In other words I think what is happening is that the recommendation of the Department, Mr. Reid's recommendation has been rejected and the reason is, as I understand it at this First Reading of this issue is that the position of the Commission speaks for itself. Mr. Plummer: Well, Mr. Mayor, I think it is a legitimate request, now I don't think it has to forestall but I think that at the same time as your comments before either you build the road and people go to the road and use it or the people go there and you catch up with it. Mayor Ferre: Plummer, I agree with you. Now I don't know what that means. Mr. Plummer: It means I'm in trouble any time you ever agree with me. Mayor Ferre: I agree. Mr. Fine: I think there is a solution, if I may suggest. If you go ahead and vote on this and pass this we have told Mr. Reid that the owners in question have already contacted Mr. Kenzie at the DDA as per his request and they will pay for the traffic and we don't think that ought to be a condition of the motion. We've said that and Mr. Reid will do it, Mr. Hollo is here, the other owners are here and we've agreed to do it, it is about 30 or $35,000. Mayor Ferre: Well, I don't see why the DDA is going to pay for it as the beneficiaries are going to be these property owners. Mr. Fine: I said the property owners are going to pay for it, the DDA is going to coordinate it. 188 JUN 2 51981 - Mayot Ferre: Other than Mr. Hollo, how many other property owners do vo` Have here? Mr. Fine: Mr. Thomas is here and Arcoville is represented here and I can tell you the fourth one isn't, we've spoken to them, there are other people in there who will pay for it and we're telling you as develop- ers and owners that that is appropriate. Mayor Ferre: Okay. All right, J. L.? Mr. Plummer: As long as, you know, I think it is a legitimate request and it is going to be addressed and it is going to be done that's what I'm con- cerned about. Mayor Ferre: I agree with you. okay, further discussion? Read the ordin- ance, call the roll. 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 COMMERCIAL DISTRICT - CBD-2; MODIFYING SECTION 1 OF ARTICLE III, ZOhr.NG DISTRICTS, TO ADD CBD-2; MODIFYING SUBSECTION.(1), PARAGRAPH (6) OF SECTION 21, ARTICLE IV, PERTAINING TO HEIGHT LIMITATION; MODIFYING SECTION 27, ARTICLE IV, PERTAINING TO COMBINATION RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS; MODIFYING SUBSECTION (1) OF SECTION 1, ARTICLE III, PERTAINING TO MINIMUM OFF- STREET PARKING AND LOADING; MODIFYING SUBSECTION (1) OF SECTION 2, ARTICLE X.XIII, PERTAINING 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. Was introduced by Commissioner Lacasa and seconded by Commissioner. Gib son and passed on its first reading by title by the following vote: f AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando LacasaUN �Nw; ViceMayor (Rev.) Theodore R. Gibson �'"�. n . 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 members of the public. Mr. Plummer: ?low, just let me make one clarification for myself. The sane way that the Department before added bonuses and incentives on what I would call a step nlan, that same plan of incentives still anply, but it is at a rate of 501, more than what is before us, is that correct? M.tyot Ferre: hverythino is increased 50%. Mr. Plummer: So in other words a developer could not come in tomorrow and just yet a 12 FAR, he has to qet every bonus and every incentive to vet the full maximum of 12 FAR. Mayor Ferre: Mr. Plummer, and for the record and to clarify the issue, if you will look on the memorandum that was read into the record by Joe Mc Manus you will see where it says Commercial Use FAR 5, strike that and it now reads 7.5. Where it says Commercial Ilse in proximity to rapid transit or DCM FAR 7, strike that and it now reads 10.5. pesidential t]sc• 189 JUN 2 51981 Mr. Plummer: Okay, I just wanted to make sure. 58. i1ISCUSr+I0'7 A11r) DEFF2'V"T. Ot' .^rn['ry" ten.•^. CfI""�T nr ^O*'It' CI.7\SGI7IC1'TIoi7 - D?.00'ts- Dn1rm^n D:'. nTGCT"t'T' 1110ULr.17N"0, 1. 1471; 8T71EF:T, n. E"1`_sro,' ' r)-r— +stir) 13';'f' Mayor Ferre: We're now on Item #8 which is an application by Jack Thomas, Jr. and Arcoville Corporation to change the zonino of the block bounded by Bis- cayne Boulevard and N.E. 14th and so on. The Planning Department recommended a denial, the Zoning Department recommended a denial and there were ten pro- ponents present. Are there any opponents that are here? All right, is there anybody here who is an opponent? All right, let's proceed now with the presentations. fir. Reid. Mr. Reid: fir. Mayor, one of our intentions in doing the Medium Bulk District that you just acted on, and I think really dealt with in large part the recom- mendations of the developer was to preclude having to fight against these two cases on the record because both the case 48 and case #9 deal with the area in question that we have just suggested is appropriate for a much higher level of zoning than exists today. In both of these cases the applicants have suggested that the C-3 District be mapped in these areas. This dis- trict is a very bad district from - not discounting FAR but from the point of view of amenities, what we want to achieve in an urban city. You can build wall to wall, there's no arcade, there's no incentive for ground level open space, there's no bonus for residential, there's no bonus for proximity to rapid transit, it is really a very deficient district and to talk about extending it to areas such as those recommended in the new cases we think is a bad mistake. So it seems to me we have given another opportunity here and perhaps nefore we get into a long testimony pro and con in these two cases the developers might consider whether they want to take an alternate approach. Mayor Ferre: Mr. Fine, I assume you represent the developers because I see you getting prepared with your papers. You've heard the recommenda- tion of Mr. Reid, do your clients want to reconsider? Mr. Fine: I would respectfully suggest that if you give us no more than 10 minutes we can tell you why we think this district that we've applied for should be granted tonight and you can have all the protection you need. Mayor Ferre: Well let me ask you this. Are you in effect saying in Item #8, isn't Item #8 within the district we just approved in Item 47? Mr. Fine: It could conceivably or they may never recommend that it be mapped. All they've done and all you have approved earlier was a con- cept of a district. You have not said that it would be in this district and until we filed this application in my opinion the CB2 District wouldn't have come up for another 6 months or a year. Mayor Ferre: Well, I guess the point I'm trying to make is that we have in Item #7, and I was looking at it a little while ago, there is a little map - Oh, here it is right here. Mr. Fine: Yes, and it shows that property, you're right. Mayor Ferre: Now that map with that yellow portion as I read it includes that property right there. Mr. Fine: And if you could map that tonight we would be willing to take that if we were to receive it tonight. What we're really saying is that -- I do not think that Mr. Percy would tell you you have the right to do that, therefore, if you would give us a few minutes we'd like to tell you why we think the C-3 would carry out what we need and what you would be protected by. Mayor Ferre: Go ahead. 190 Jury 2 5 1981 AT t Mt, flifiti tot the record, My halthe is Pattih Fihe, 2401 b6uglas h6Ad, l tepteseht these two applicants. In the C=3 ordinance, if you look at the language, and 2 quote, "The C-3 ordinance is intended to apply to the heart of the downtown business section of the City." The first area of difference we have and that you want to listen to, please, is that we consider the area in question the heart of the downtown area of the City of Miami. we think it is right in the center of the City and this property meets the requirement of that definition. I'd like to Point out to the members of the Commission that this property is within the boundaries of the Downtown Development Authority, it has been taxed as being downtown property for the past 12 years. It is a continuation of the development of the Omni area. The Omni area brought about such projects as Omni International, Plaza Venetia and other areas all, mind you, in a C-3 area. we're simply saying that the street width and the beauty of Biscayne Boulevard are conducive to a high intensity develop- ment. we believe that the proximity of the property, particularly the one from 13th to 14th and the next one,are so close to Bicentennial Park and with residential use they would people Bicentennial Park. This project is basically ready to go (INAUDIBLE, STEPPED AWAY FRO11 MICROPHONE) excess of 80% of residential use and some commercial use, we think it would be a great great asset to that community. This is a developer who has a track record of doing what he says and says what he wants to do and gets it done. Mayor Ferre: who is the developer? Mr. Fine: This developer in this project is the developer Arcoville, Pancho Manrique and his associates, Union Management Company are in- volved in this with other people who have commissioned a very outstand- ing firm to move on this project. The thing that you have been asking for, Mr. Mayor, in this area and which Mr. Hollo has been the first to do, is to provide a combination of housing and commercial. Mow you know there are very few people in town that have more respect for Mr. Reid than I do but when he says it is a bad district and you say at the same time that Plaza Venetia is a great example, please understand Plaza Venetia is built on a C-3 zone and that's what we're asking for. Now, just to shorten this discussion because I know you're awfully tired, we have proffered to the City Attorney a covenant running with the land which says that if the C-3 zoning is granted that there would not be a FAR in excess of 12. Both these owners have done it, it is in a form in my opinion which is legal, valid and binding. It has been extended to them in form and concept and let me point this out to you which should be a great source of comfort to Mr. Reid, the Planning Department and to yourselves and that is this: May I just rest this, !-1r. Lacasa? In a C-3 zone you cannot build housing unless you come back for a Condi- tional Use. Is that right? UNIDENTIFIED SPEAKER: That is correct. Mr. Fine: In a C-3 zone you can't build a garage unless you come back for a Conditional Use. This project would have to come back to you for your approval at which time you could determine if it is riaht, if it has good access, if it has traffic, if all the considerations there are in effect underway. And what we are respectfully suggesting is that you approve this C-3 zone and accept our agreement to limit the FAR to 12 and so that we would not be held up and wait until the area is mapped. Mr. Lacasa: Let me see if I have this straight, Marty. If we approve the C-3 what is the impact as far as the residential aspect of the project? Mr, fine: come hack it means that in order to build residential in C-3 it has to to the City Commission and get approval. Mc•, And apply for a Conditional Use. Mr, Fine: of course. So you always have the last and you're in a position to say no if when you come d plan that. isn't acceptable to you. word and the last say back here you have , Plummer: Let me ask you another question, Marty, Is it not true that if, in fact, this project as presented here - and you know the particulars on it, I don't - if, in fact, the CBD2 were applied to this piece of property this building you would have no problem with? 191 JUN ? 51981 Mt, Plummer: All right, let me tell you the dangers 1 see in the C=J, Okay? There is no question of the Domino Theory that once you break and go with the C-3 further north - let me remind you yes, that Omni is C-3 because Mr. Hollo came before this Commission and got it changed to C-3. Okay? Because that caused a civil war in the Miami Herald. Mr. Chapman and Mr. Jorgenson were in favor of the project and the Editorial Board was opposed to it, I'll never forget that, a civil war in the Ivory Tower and the Mayor kept praying that it would blow up but it didn't hap- pen. I would feel very comfortable if in need be whatever to take and apply the CBD-2 to this project tonight on First Readinn. I would not feel comfortable pushing to the north with the C-3. If you can com- fortably live with this project on this as nroposed with the amendments that this Commission has made, I think you're openinq Pandora's Box to allow the C-3 to just run rampant north. And you are of good intentions and your people are of good intentions but once you break the barrier, What we're trying to do, if I'm not mistaken.... Mr. Percy: A separate ordinance, Mr. Mayor, has to be presented and have First and Second Readings before the man can be chanced. Mr. Reid: Mr. Mayor, excuse me. If it was the intention of this Commis- sion to take the approach.... Mr. Plummer: Well, that's what I was going to say, you have an expres- sion of this Commission. Now, Harty, you know we travel on faith and you travel on faith. Okay? Now, I'm telling you I would feel - look, the very thing we were trying to accomplish by changing the CBD-2 was to create the buffer. What you're proposing doesn't create a buffer, it just continues on to the north with the C-3. Now, I can't vote on a mapping tonight but I can say to you I have absolutely no problem of this project being included in that CBD-2 and the rest of the Commission can speak the same way. Mayor Ferre: I feel very bald about having to agree with Plummer twice in a row... Mr. Plummer: Oh my God, three times and I'm out'. Mr. Fine: Mr. Plummer, Mr. Mayor, in order to expedite the meeting may I make a request? Would you defer action on this item and then let's immed- iately ask you at your next meeting to pass not the 20th fleeting but on the well, whenever, the 20th of July to pass it, it becomes operative and then hold this in abeyance so we can come to your meeting in September without filing a new application, without going through all that process and in the September hearing ask you to not grant us the C-3 but reduce it to CBD-2. We have no problems with that. Mr. Plummer: I've got no problem with that. Mayor Ferre: And Marty, because I see your clients shaking their head back there. Mr. City Attorney, if this item is voted 2 to 2 tonight is that a denial? Mr. Percy: It fails. Mayor Ferre: I'm telling you that you're not going to get two votes here the way I read it. 192 JUN 251981 Fine: deli, g'th saying we're deferring on this, we don't hAVO A ro'blem. Mayor Ferre: I'm not talking to you, I'm talking to your clients who are shaking their heads. Mr. Fine: Well, I think he was shaking it and you interpreted it the wrong way. Mayor Ferre: I just want to make sure that they understand that what you're doing is a very wise move. Mr. Fine: I've read this Commission for a lot of years and I undeY- stand where we're at. Mr. Pluriner: You explain to your clients that it's called an offer you can't refuse. Mr. Lacasa: Were your clients planning to start this development be- fore September? Mr. Fine: No, I wouldn't say that, that would be inappropriate, 'that I would like to understand is that we're able to accomplish what Mr. Plummer says he thinks he would like to do and that is we would respect- fully request that this matter and the next one be deferred, that is 8 and 9, that you take CBD-2 at your July 20th t•feeting and hopefully Mass it, that it becomes operative in Auoust, that we come back to your first meeting in September and we are traveling on the C-3 application and you sal I hope, "No, we can't give you C-3 but we have a new ordin- ance CBD-2 and we'll grant that." Rev. Gibson: I'll buy that. Mayor Ferre: There's a motion by Gibson, therefore, that Item 8 be deferred, seconded by Plummer, is there further discussion? Call the roll. 1HF.REL'PON, on mot'_on duly made by Corinissioner Gibson, and seconded by Cor-r+issioner Plummer, the City Commission DEFERRED CONSIDERATION OF THE ABOVE MATTER TO THE July 23, 1981 City Commission meeting, BY THE FOLLOWING Atig VOTE: AYES: Commissioner J. L. Plummer, Jr. S 4 Po'YR21 Ft ti 1 I � �� k F t= NOES: Commissioner Armando LacasaN,w Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre { None �ABSENT: Commissioner Joe Carollo NOTE: AFTER ROLL CALL ON THE ABOVE MOTION, SOME STIPULATIONS WERE INCORPORATED BY MEANS OF THE HEREINBELOW DISCUSSION. (PLEASE SEE MOTION 81-577). FOLLOWING ROLL CALL: Mr. Fine: Do we have a problem with that? Mr. Aurelio Perez: we have to study that timetable, it may not come out the way you're saying it because we have to take that to the Planning Advisory Board. Mr, Fine: That's just what we're trying to avoid and that's why I under- stood we were going to defer this. Mayor Ferre; Is there any technical reason why when this item comes be- fore the Commission this Commission cannot agree that it will deny the jai Mayor Ferre: I cannot predict what this Commission's conclusion is going to be, so you're right, I'm not in any way predicting anything. Mr. Fine: And we wouldn't ask for it, Mr. Mayor, and I want to strike anything from the record which indicates that you re agreeing to vote Oft a particular motion anyway. Let me just re -phrase what we're asking for, We're asking that items 8 and 9 be deferred tonight. Excuse me, that item #8 be deferred, that you take it up at the September Meeting at which time we hope that the CBD-2 ordinance will he in place and oper- ative. I am saying to you, I'm not asking you to say to us that we are going to come back at that meeting in September and ask that this Item #8 be granted a CBD-2 Zoning Category as provided in the CBD-2 ordinance of First Reading tonight. Mr. Plummer: Question, Mr. City Attorney. Speaking to Item 8 since they now, some, want to differentiate between the two. My understanding of the law, we can give something less than requested, we cannot give more. Mr. Percy: Correct. Mr. Plummer: Okay. CBD-2 is less than C-3. Mr. Percy: It is a different kind of district, Mr. Commissioner.' Mr. Perez: You're talking about pears and apples. Mr. Percy: It's a different kind, it's not.... -Mr. Whipple: Commissioner, I cite the Le Jeune Road Case where they had a C-4 application pending, accepted, wanted to take the C-2 zoning in lieu of the C-4 and it was determined that they could not without reapplying which they eventually did and did get the C-2. So I've got a little prob- lem here with that specific case in Le Jeune Road and llth Street, modifi- cation for a change of zoning from R-3 to C-4 and you all wanted to grant it C-2 and it was determined that you could not that you had to reapply which they did. Mr. Perez: within a district you can grant less than has been requested but if you are going to grant a completely different district we have to go through the process of advertising and going through the motions. Mr. Reid: Commissioner Plummer, I think I have a solution. If the item is deferred tonight and not acted on with respect to the applicant's re- quest and if the Commission maps the C-3, rather the CBD-2 for the entire area and the applicant's project sits within the district they have mapped they can build, they don't have to come here. Mr. Plummer: There you go Mr. Fine: I'm not sure I understood that. I'd like to just hear him say it once more. Mr. Plummer: You can't believe it, that's what you're saying. Mr. Reid: The intent of the Commission, it seems to me, is to enact the CBD-2 ordinance. If that ordinance is also mapped as a follow up to their intent in this area and your project falls within the permission granted in the terms of the ordinance you can build without coming to the Commission, the Zoning Board or anything. Mr. Fine: There's just one little item you jumped over, Mr. Reid. When would it be mapped? Mr. Reid: We would hope it would be mapped in September, October, W. Fine: At your own initial application? I mean you know we have spent a lot of time and a lot of money and let's understand that if we 194 JUN 251981 tit. Reid: we would assume, the scenario would be that the district would be passed on First Reading tonight as it was, passed on Second Readinq in duly, we would have a traffic study in our hands before September, we would map it and the first meeting in September, and it would have the Second Reading at the second meeting and in October it would be applicable. And you would not require, then you could build under the ordinance, it wouldn't require a zoning change. Mr. Fire: Mr. Reid, if you would just for the record read in the fact that you would schedule it for discussion to be manned at the September meeting without binding us to having that traffic study completed because we don't control when it can be completed. Now, you see, I just want to make sure we're all talking about the same thing even though it is getting late, we're getting a lot of information fed into something and we're not party to it. Mr. Reid: Let me be clear in terms of our intentions, and the reason we talked to the developers about doing a traffic study is we think it is very important to highlight what has to be done to make this area work for all people living and working there. Okay? Now, if the developers pay for it it can be contracted with very quickly, it can be done in 6 or 8 weeks, there is no reason that it should hold up this process. Mr. Fine: Mr. Mayor, I apologize for the hour, let me just say this if I may on behalf of application 8, and then Mr. Hollo and we can deal with 9. We would like to respectfully request that this item be deferred, that we also have permission, if we so seek, to file with the PAR without an addi- tional fee or the Zoning Board for CBD-2 if it is mapped and that in addi- tion to that we work with the Planninc; Staff to try to come back to have you map in September and that dives us.... Mayor Ferre: Can we include those three things in a motion and Gibson's motion? Mr. Perez: One thing, Mr. Mayor.... Mayor Ferre: well wait a minute, before you say it, ves or no? Yes. no you accent those three things as outlined by Mr. Fine into the record? Do you, Plummer, you're the seconder of the motion? fir. Plummer: I've only got a question and that ouestion is that if in effect we pass the CBD-2 it is manned in September, you don't have to go back through the PAB. Mayor Ferre: Look, Marty is trying to clarify the situation so there is. no slippage. Do you as the seconder of the motion accent the three con- ditions that he nut? Mr. Plummer: If wants to out himself through that process, fine._: ' E Mr. Perez: You have to pay. Mr. Fine: We have to do what? Mr. Perez: If the City initiates the request for the mapping, etc., then the City picks up the tab. Now, if the applicant is the one who is going to initiate this the applicant has to pay the fee. The only time in the history that we have waived the fee was when the City made Mr. Hollo move his building back, creating the need for a variance. Mr. Fine: It is too late, we con't have a problem with the fee, if there is a fee we'll pay, we don't think there has to be a hearing or a fee if you all map it in September. Mayor Ferre: Okay, further discussion on the motion on Item 8 as amended? Mr. Plummer: Well, it is to defer. - Mayor Ferre: Yes. Further discussion on the motion on Item 8 as amended the deferral with the conditions that Mr. Fine read into the record and was accepted by the maker and the seconder of the motion? Call the roll. 195 JUN 251981 ABSENT: Commissioner Carollo. 59. DISCUSSIO11 AIM DEFF,F.'ZAL OF :EOU"ST rOR CiiA,=:; O^ ry0!11T1r. I; IC :TIn?T - 1402-1455 f3ISC.'!"T:7. BOULI JARD, 308 !!.F_ 14 TH ^': 1-nCF STD.BET & ?'. BAYSHO_:r D^IV'". Mayor Ferre: Take up Item #9. Counselor? Mr. Hollo. - Mr. Ted Hollo: Members of the Board, my name is Ted Hollo, 444 Brickell Avenue. I am bringing to you a very particular problem that we were labor- ing for the last year and these last four or five months was culminating with the Department. with your permission I will turn my back to you and I'm going to show it on the map what I'm talking about. Members of the Board, Mr. Mayor, we have been laboring now with a very large Canadian group who are very well represented in this City already who is desirous to work this block together with this one to rebuild and make a comprehensive development out of the block and out of the old Sears building and totally rebuild it. They are making it completely but completely subject to a very important point. In this particular area we have a rapid transit transport downtown exten- sion, a people mover station right here, right in this spot. And this people mover is crossing here over on Biscayne Boulevard parallel to this. They are very desirous to cross into this parcel of property on probably the 30 foot level and thereafter crossover to Omni making it a totally comprehen- sive development in this area - overhead passages totally connected without impacting any pedestrian traffic. This particular parcel that I'm pointing to has been originally in our zoning application in 1971 together with Omni/ Plaza Venetia for C-3 zoning. Upon Mr. Acton's request at the time we volun- tarily withdrew this particular parcel, i`: was not a right compromise from our part, we should have had it originally. We would like to proceed with these people, we have no interest here but we would like to see this develop- ment proceeding and taking place in the City and the old Sear store being rebuilt. We are respectfully requesting you to allow this parcel at this time to have its original proposed zoning which was the C-3 zoning with a covenant that we will not pervade the realms of the CBD recommendation which is the 12 FAR. If you would in your wisdom grant us that chance, we would like to proceed with this project and conclude it with the Canadians as well as concluding it with Omni with the various reciprocal easement agreements so we can have this cornerstone, this particular block proceed and promulgate the development across the street as well. Thank you. Mayor Ferre: All right, now Mr. Hollo, you were referring, as I sense you were talking there, about 14th Terrace.... Mr. Rollo: Yes, Mr. Mayor. Mayor Ferre: You didn't refer to the item between 14th Street and 14th Terrace. Are you telling us that you're only requesting a change above 14th Terrace? 196 JUN 2 51981 Mt. kollo, 1 am only requesting between N,t, 15th Street and the little' harrow block, this particular parcel, it is a very narrow parcel between` the two blocks, representing only 123 feet. Mayor Ferre: Is that what is before us at this time, Mr. Reid? Mr. Rollo: Yes, this is part of it which is in front of you, Mr. Mayor. Mayor Ferree So we can legally do this, is that right? what he is saying is, in Item #9, rather than request a change in the total area outlined in yellow, what he is asking for is that those 5 blocks between 14th Terrace and 15th Street, it is less than the original request. The question to you, Mr. City Attorney, is can we legally do that? Mr. Percy: You can permit a zoning of less than the amount that is requested. Mr. Lacasa: In other words what you're asking is for a change of zoning to C-3 with the covenant that you will not accept the FAR of 12.... Mayor Ferre: No, the FAR as defined in CBD-2 which at a maximum could be 12 and at a minimum could be 7. Mr. Rollo: Right. Although we are proposing also to build and give up one complete floor for the overpassage over Biscayne Boulevard and over 15th Street. Mayor Ferre: Okay. Mr. Lacasa: I move that this change of zoning be approved conditioned to = __ the covenant. Mayor Ferre: No, you know you're doing just the opposite of what you just did. . Mr. Lacasa: I am not doing the opposite because if it had been up to me I would have gone along with the other proposition too which I see absolutely no reason to belabor at this particular time. So I am moving along the same pattern that I would have moved on Item 8 so I hope this Item 9..... Mr. Percy: Commissioner, may I? The covenant is offered voluntarily, we have a copy of the covenant, you can't attach conditional changes on it. Mr. Lacasa: Okay, I realize that, I move that..... Mr. Plummer: Well, before you make a motion can I make a comment? Mr. Rollo, I love you dearly, but, sir, when you apply a theory and a philos- ophy you apply it. Sir, the very reason that we are putting in the CBD-2 is a buffer to stop the spread of C-3. I've got to be consistent. If I allow you to expand on the C-3, all I am doing is pushing the CBD-2 fur- ther, in this case east. Now I love you dearly and you are without a doubt the man who is the initiator in this area that has made it what it is but I happen to feel that the CBD-2 is fair, it is going to delay you maybe 30 days but I want to tell you it is exactly what I have been wait- ing for to be a buffer and if I allow you to have the C-3 there then I've got to turn right around and go .jack to Item 8 and allow them to do the same thing and you know as well as I do, Ted, what is going to happen - this Commission is going to be beseiged with all those applicants with a C-3 when you have gone - what I'm referring to between 14th Street and 13th Street at this particular time is not even proposed for the CBD-2. So all I'm saying to you is I've got to be consistent, I will be consistent, you will comply with the new CBD-2 and you're just going to have to wait that additional 30 days, sir, for one vote. Mr. Hullo: Mr. Commissioner, I know that your mind is never made up and you are willing to be confused with the facts, I would like to point out a couple of very important differences. Mi . 111 witme r : Are you running for Mayor? Mr. Rollo: Of ojus. The first difference being, Mr. Commissioner, is the fact that this particular area was originally requested and actually approved at one time as a C-3 area, this particular little parcel, it Was part and parcel of the Plaza Venetia/Omni complexes. Upon Mr. Acton's recommendation, and I wanted to finish up our problems in those days, three years it took us at that time between 68 and 71, 72 actually. I agreed to 197 JUN 251981 Mr. Plummer: Ted, I'm going to tell you you haven't changed my mind, you know, I'm sorry - I'm not.: sorry, I'm consistent. And if I'm consistently good so be it and if I'm consistently bad that's unfortunate. But I think you were the one who came 30 minutes ago, 60 minutes ago before this Com- mission and made the recommendations that we accepted. Okay? And surely, if you were the recommender that this Commission accept it then you should be the first to apply for it and be under it. Okay? I'm not speaking for other Commissioners, I'm speaking for J. L. Mayor Ferre: It seems to me that: you've gotten an awful lot so far. Ted, for this Commission to do in 9 what we refused to do in 8 is really totally inconsistent. i would then have to, if we vote on 9 and that is the major- ity's opinion than I would have to reopen 8. Now, I think that is the wrong, I'm not worried about. the Herald editorials and your friend John Mc Mullen, that doesn't boner me, you know, because if I were to be concerned with that then I would be doing things very differently all along. But I think we've got to bc consistent. Now, I'm sure that the Canadian developers that are involved in t ry,ing to p;t this property together with what has been doing today are going to have to be very very pleased and very encour- aged that they're making major grog--oS-s. What we're talking about now is an orderly process so that it doesn't Look like we're rushing into things and that we're being inconsistent in our pattern. What we're talking about is getting all this done by September. I certainly doubt very much, I think you have four votes from what everybody has been saying here, not you but the area to do what you have recommended. And we have gone now up to 12. It seems to me.... Mr. Hollo: Mr. Mayor, I'm backing off of the subject, I would appreciate it very much if you make the same motion on 9 as it was on 8. Mayor Ferre: Okay, ..... Father Gibson moves, Mr. Plummer seconds that the same stipulations as were placed on Item 8 be placed on Item 9 and that the matter be deferred under the same conditions with the same stip- ulation. Further discussion? Call the roll on that motion on 9. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 81-578 A MOTION TO DEFER CONSIDERATION OF A REQUEST FOR CHANGE OF ZONING OF 1401-1455 BISCAYNE BQu...:VARD, 311-327 N.E. 14TH STREET AND 308 N.E. 14TH TERRACE TO SEPTEMBER, AT WHICH TIME A CBD-2 ZONING CLASSIFICATION, HOPEFULLY, WILL HAVE BEEN APPLIED TO THIS AREA, GRANTING PERMISSION TO THE DEVELOPER TO FILE AN APPLICATION WITH THE PLANNING ADVISORY BOARD FOR DBD-2 ZONING, PROVIDED THE AREA IS MAPPED AND WITHOUT AN ADDITIONAL FEE; FURTHER STIPULATING THAT THE DEVELOPER WILL WORK WITH THE CITY'S PLANNING DEPARTMENT IN AN EFFORT TO HAVE THE AFORESAID AREA MAPPED BY SEPTEM- BER. Upon being seconded by Commissioner Plummer, opted by the following vote - the motion was passed and AYES; Commissioner Armando Lacasa �1t2�S APPENT: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre None, Commissioner Joe Carollo. 198 �v � 11 e- r Ac, 1 bi '.J " a _: 60. FIRST READING ORDINANCE: COf'21Ln4ITY BASED RESIDENTIAL FACILITIES. Mayor Ferre: We're on Item 10 now which is on First Reading. The Planning Department.... Substitute Ordinance for #10. Mr. Percy: The same ordinance, Mr. Mayor, with 3 modifications and I'll outline them if you like. Mayor Ferre: Okay, go ahead. Mr. Percy: Page 3, sub paragraph 3(b). Would you like to wait until the other Commissioners return? Mayor Ferre: Do I want to? No, I don't want to but I think we've got to. Plummer is right here, I think I see him somewhere. Where is Plummer? Well, you're just talking now, we're not voting on anything are we? Mr. Percy: No, just to clarify the differences between the ordinances in your packet and the one that is being handed to you now. Mayor Ferre: Go ahead and clarify the differences. Mr. Percy: Okay, the ordinance that is in your packet contains the recom- mendations of the Planning Advisory Board which contains some pretty ex- clusionary features. The Law Department has taken a position that those would be legally troublesome and we're proposing an ordinance absent those recommendations. On page 3 of the substitute ordinance, paragraph 3(b) you'll notice some changes in the distance from 2,500 feet to 1,200 feet within the radius of an existing community based facility. Also on page 3, sub -paragraph 3(c) was deleted. It contained an exclusion barring half- way houses in residential districts. And on page 4, sub -paragraph (c) the Planning Advisory Board version of it contained an exclusion of community based facilities in the R-1 and R-2 districts. We think that is exclusionary zoning and we would have difficulty defending those features of it so the ordinance that we are proposing in 10(a) is a cleaner version, it is con- sistent with the Planning Department's original recommendation. Mayor Ferre: All right, who are the opponents to this? Are there any opponents here? Mr. Plummer: Mr. Mayor, yes, you're looking at him right here. Mayor Ferre: Well, let's get hands now of the opponents. How many oppon- ents are there here? Raise your hands. Who is opposed? Okay. Let's hear from Plummer and then I'll ask you how many of you.... Mr. Plummer: Are you all opposed or are you in favor? Are you for or against? You're against this ordinance. Mayor Ferre: Who are opponents, that is you are against the ordinance? Raise your hands again. Opposed to? Okay. Now, let's hear what Plummer has to say and then how many of you are proponents? Mr. Plummer: How many of you are in favor? Mayor Ferre: How many of you are here in favor of? That's pretty good. Mr. Plummer: I'm going to hold my comments and let's hear from the people. Mayor Ferre: How many of you wish to make presentations before the Com- mission besides you? Mr. Plummer: Sir, do you want to speak? UNIDENTIFIED SPEAKER: ,,,,this is so insignificant compared to that, but it is important to us. Mayor Ferre: No, it's not insignificant, I think it is every bit as im- portant .99 jUN 2 51981 Ht, Toth Kehoe Well good, f'M gl&d you think that way bocaitse t dd but in dollars and cents perhaps it doesn't. My name is Tom Kehoe and t 'reside at 455 N.E. 28th Street, Miami City. I'm opposed to this ordin- ance and I would like to see it stricken because I think that the negative effect defines what is the positive effect. And what you're actually concerned with is the Planning Advisory Board. Most of us came to the, City, the idea is that the City of Miami has a disproportionate amount of these type of facilities and it is very easy to tell you why because when most of these were established in late 1966, 69, 70, this was the bad area of Miami, the cheap area, the property was very inexpensive and so - forth. Now, it has become one of the hottest areas next to Brickell Avenue so naturally the real estate people and the Planning Advisory Boar_: and everybody want us out of there. Well, that's just one of those things and I'm sure that when the price is right most of the people will move out but as of now you're doing an injustice to people who are already disenfranchised, that's the backward people, the alcoholics, the addicts and so forth and so on. I'm going to quote from your own study here which you approved in 1979 - City of Miami Planning Department, Community Based Residential Facilities. And you've got some comparative analysis here and if you'll turn to to it on page 87, 88, 89 on balance, we haven't destroyed the value of the property at all, in fact, we've enhanced the value of the property and in each one of these tables the condition of the structures compared to other structures, it is exactly 5 to 5. Con- dition of the yards as compared to other yards, it is 8 to 5 in our favor. Degree to which a facility blends into the surrounding neighborhood, it is 3 to 2 in our fa•.jor and so forth and so on. Besides, I don't think that you need to dispose of us, we are controlled. I think what you need to dispose of is the uncontrolled population in this area, the unwanted popu- lation. You've got Biscayne Boulevard that from midnight on it is shoulder to shoulder prostitutes, done addicts and pushers, etc. I can show you flop house facilities that have no control whatever. We are completely con- trolled, we are inspected by every inspector that's possible to inspect it, the County and the City. I thin; that we've built this up and we've taken these people off the streets and we've gotten this thing going and we have a going situation and we certainly have done good on all these evaluations that we've had from the federal government and etcetera wouldn't have kept pouring the money into it if it hadn't been a positive instead of a negative influence. If you want to do something to rid the City of the derelict population, go after these flop houses and so on, I'll cite you an example. There is a house in my neighborhood with one bathroom and 32 people living in it. They have to take baths in the front yard. Do you understand? Mayor Ferre: Mr. Kehoe, in the interest of time because you're beginning to repeat yourself now, what I'd like to have you do is wind up your state- ment and then let's hear from the.... Mr. Kehoe: The statement is this, I propose that we strike this ordinance because it is more negative than positive. Thank you. Mayor Ferre: All right, let's see if we can limit. Mr. Foreman, if you would limit your statement to about the same time as Mr. Kehoe and we'll see what the sense of the Commission is because if there are two votes that concur with Mr. Kehoe then obviously we have a moot point before us tonight. Mr. Larry Foreman: Thank you, Mr. Mayor and Commissioners, I almost feel at home here tonight. I've basically had this ordinance in all of its forms pretty well memorized. I've spent the last three years touting the accomplishments of this City whether it be up in Tallahassee, whether it be in Minnesota, Nebraska or New York. I find the Planning study which was initially undertaken to be a model study one that should be repli- cated throughout the country but I am extremely distressed when I find the study which was approved by a Commission taken back into a body after being delayed over numerous months and then come back in an evey more restrict- ive form that it was ever presented in the first place. What I think we simply have here is a respect for each other. I respect this community's needs to properly integrate the handicapped and other individuals into the community. I personally believe that we must be sensitive to the integrity of a community and that we insure that the handicapped person or the dis- Abled has the same opportunity that you and I might need to live in any Area of this community but properly. What am I saying? We don't want a 50 bed facility in a residential neighborhood, it's consistent with the integrity of that neighborhood. But we do want a small family where the mother and father are a surrogate situation in there living and growing and developing. If you take our youzl handicapped children and deny them O 11.1^ 51981 M opportunity to live in R-1 or R-2 they're going to be in an area that's h6t going to have a sufficient number of children for them to play with and you're depriving them an opportunity to integrate into a community. I personally support the ordinance which was suggested by the legal depart- fnent, I commend them for their intuitiveness to seeing that if that first ordinance was passed I don't think the issue would be settled here, I think it would be settled in other places. I personally feel that was overly restrictive and possibly a violation of basic rights. In closing, I don't see this ordinance which I hope you will pass tonight as ideal but I see it as a beginning. I hope that continued planning and analysis of what effect it does have, that we can come back to you at a later date and say that this section of it is working, this section of it is not working and these are modifications that may need to be made. Thank you for the oppor- tunity, there are others who will be watching the vote. Thank you. Mayor Ferre: Mr. Plummer, I sense from the statement that you made at the opening of this that you are basically opposed to this ordinance. Now, if I am wrong in the sense that I gathered from your words, what I'm trying to do to save a lot of time is to see if there is a sense of the Commis- sion, if there is somebody else who agrees with you at the outset, you know, who is willing to make that kind of a statement because at that point then what we have is a locked Commission, there is no use continuing for what I think will probably be another hour, hour and a half. Mr. Plummer: Well, Mr. Mayor, that's not my case. I have been objecting in the past, I think that, you know, there may be a spirit of compromise. Mayor Ferre: Okay, well that means we've got a long night ahead. So let's see who else wishes to speak on this issue tonight. We heard from an oppon- ent and a proponent, the next one is an opponent. Reverend? Father James Garrett Jones: My name is Father James Garrett Jones, not from Guyana. I am a priest attached to Holy Cross Episcopal Church at 36th Street and N.E. 1st Avenue and I am the executive director of Concept House, a treatment center for narcotic addicts. I appreciate the young man who just spoke and said he's worked for three years, I have worked part of three decades trying to cure people who are addicted to drugs and alcohol essentially for the City of Miami and I've worked hard. And after a period of within three decades I come before you to find that for all intents and purposes you have written a proposed law which will essentially zone me out of existence. And I ask you in justice and fairness, we've heard lots of arguments tonight about how many cars should be parked somewhere and how many feet back and how many feet forward. I would ask you in the name of justice and fairness can we not have some laws which would help us treat people from Miami and not restrict us further? Mayor Ferre: I thought that that's what we were trying to achieve. Father Jones: This is one of the most restrictive groups of laws that I've' ever read. Mr. Lacasa: Father, excuse me because now I must confess that from the outset I had mixed emotions about this .... Father Jones: If you'd like to meet in the other room I'll hear your.... Mr. Plummer: I was just going to tell you if you're going to hear his confession tonight it is really going to be a long night. Mr. Lacasa: But entertaining, Father, entertaining. It will be entertain- ing. Mayor Ferre: I notice that the Father didn't even crack a smile at that onc. Vat.tuox Joiics: Unfortunately under the seal of the confessional I would — not tw able then to speak at this microphone. W. Lacasa: You have an established operation now? Father Jones: Yes, sir. Lacasa. That is correct. Now, my question to the staff is, if we here to pass this as proposed what effect will it have..... Father Jones: There are no variances, there's no way to change things. — 201 fil i .�f OFF 75 r ThekeOs all kinds of restrictions, Y Mr, plUn%Mer: 'You're grandfathered, Father Jones: Grandfathered until you need a permit then Wh6te ate Y60 Mr, Lacasa: But what is the effect that it would have if we were to pass this ordinance as proposed what kind of impact, practical impact Will it have now and for the future on Father's operation? Mr. Whipple: Number one, I'm not familiar with Father's specific premises and use. The fact that I do know, the operation can continue, there is no problem depending upon where he is located, what the zoning is there might be a future impact if there was an expansion or something like that. For instance, if he is operating in a single family neighborhood, R-1 zoning and he has 100 clients this is not permitted by the new regulations. Mr. Lacasa: Wouldn't he be grandfathered in? Mr. Whipple: Yes, he can continue. If he has 100 now he can continue now. But if he wants to increase it to 150 in an R-1 zone he would not be permitted. Father Jones: The largest drug capital of the world, we are restricting the treatment of addicts! Mr. Plummer: No,•Father, no, let me tell you where you're wrong. Father, this is your first time here. Okay? So let me tell you where this Com- mission is coming from so you'll know. The problem this Commission was faced with by the people and the taxpayers, this Commission did not initiate this study. This Commission only asked for this study after numer- ous people came in hf-r.e and said enough is enough. Now let me tell you what you ma,be don't know and what we're trying to establish. We're not in any way trying Lc say that we S'1ci iici;','t treat alcoholics or drugs, that's not the case. We're saying that Dade County is a large place and it is unfair to put 80% of these places all in the City of Miami and about 50% of that 80 in one given neighborhood. Now that's wrong. And for you to stand there, I'm not running a popularity contest, the others are running this year no-, me. For you to stand there and make a statement that we are trying to depress or restrict is not the case in any way shape or form. There is nothing in God's green earth that prevents you from going tomorrow morning and opening a facility in the County. We encourage that. What we are saying is 80% of all these facilities in the City Limits of Miami is enough. Now let's be fair. Rev. Gibson: Father, I hope you and I can talk. Father Jones: And pray. Rev. Gibson: Yes. I an, willing to pray if need me, I did that this morn- ing. I want to tell you that we who sit on this Commission bear a grave responsibility. I could tell you that as a clergyman, a priest just like you, we are of the same denomination. Okay? I want to tell you that I resent vehemently having all of the facilities located within the confines of the City Limits of the City of Miami. I want to tell you that the priests who are located in Coral ".'-les have a responsibility to appeal to Coral Gables to do the same doggone thing that we have to do. But you know what? They're not doing it. Okay? Why? Coral Gables thinks, you know, Miami Beach and some of those, you know? And I'm telling you that if you're going to bring all of the facilities in the City of Miami half of the people I'll bet you - I'll tell you what you do, tomorrow morning for your edification you look at the record and see where these people used to live and you will discover as much as I love, you know I'm on that kick like you, love and mercy and all of that. But I happen to be realistic, I've got to be realistic. I just believe that all of the cities in this county ought to share in this responsibility. I don't understand why everybody wants to come to Miami, you know. And look, and all the people who can leave, you know moving out in suburbia, that man has a valid argument, sir - Mr. Kehoe, is that right? Oh yes, he's got a valid argument. Now Father, let me tell you this. Go home tonight and you pray because I want to tell you we have more than enough, more than enough. And you know, we're answerable to the people and we aren't run- ning a popularity contest it's true, but now let me be specific, Mr. Mayor, because we are fellow clergymen in this same denomination. That facility you have right now some three or four months ago got an unusual exception. You know? We could have hard-nosed th t we didn't do that. We said JUN 2 51981 0 0 166kf We are loving people, we understand, we love mercy and justice fob all &id we permitted them to increase. Note, we permitted them to in- crease. Some of these municipalities won't even have them. Now I tell you what, you all don't go to North Miami. Let's go up a little further from you. All I'm saying, hey look, man, we've got to protect the people who live in the confines of the City Limits of Miami some if not all. They find us the easiest place to dump. Now Father, since we're clergymen you can't get angry when I use expressions like that because you know I have thought it out well. And I'll tell you, I've sat on this Commis- sion and watched it time and time again and for God's sake, not for my sake, don't really make it impossible for us to be of service. Father Jones: And to me too. Rev. Gibson: We aren't, the fact that you have what you have and others have what they have and if you look at the record, the overwhelming majority of all of the people who are disadvantaged in the field that you're in are in the confines of the City of Miami. I say that without any fear of contradiction. Now, my brothers, fellow Commissioners may not be able to talk with you but I could talk with you becuse I happen to know it's true and I wondered how long we were going to let this run. Father Jones: Where shall I go? Rev. Gibson: Let me tell you this... Well, some of those people pay taxes in Coral Gables or live there or their kinfolk live there. They need to say to Coral Gables - now don't tell me noth'ng about Coral Gables, I have watched them for 36 years. Okay? You need to know half of my parrish is in Coral Gables and the other half is in Miami and I'm just saying for God's sakes, Father..... Mayor Ferret But Father, it isn't as drastic as all that, you know Father says where should I go. You can stay where you are, you are grandfathered. Rev. Gibson: Right, you're all right. Father Jones: Is it true then that if I'm grandfathered and I need to get a permit�do I not then have to come to zoning? Mayor Ferret Father, if you want to expand the program you have to get in. line like everybody else but what you have now nobody is going to ...... - Father Jones: ....what I have now cannot be touched? Mayor Ferret No, sir. UNIDENTIFIED SPEAKER: Mr. Mayor.... Mayor Ferret Now wait a minute, let's get a clarification because other- wise we're getting here confused. Okay? Those that are there with their facilities like Father are grandfathered in. They are not being touched. Mr. Reid: That's right. Mayor Ferret Now, what we're talking about, we're not throwing him out, we're not throwing anybody out who is there. 'ghat we're doing is saying Okay, we've got to get some semblance of order and from now on these are the rules that you all play by. That includes Father, that includes any- body who goes for an application. What this in effect does, Mr. Kehoe, 4nd this is really why I'm surprised frankly at what I perceive as some of the neighborhood people that are here as objectors, this protects the neigh- borhood, I think it is just the opposite. I think the guy that really should be complaining and the reason he's not complaining is Mr. Foreman and his associates because we've been driving him and his associates fur- ther and further and further into the ground with restrictions and I think they're so desperate to get this thing underway that they're almost willing to make any anti have made all concessions just to get this over With. Thy>y say my God, it has been three years, let's get this over with, 1 want to tell yuu that this item #10 the way it has been redrafted has got to be the absolutely most restrictive and restricting form of solving this solution. This is the best protection for the neighborhood that I think this City can come up with. UNIDENTIFIED SPEAKER: Mr. Mayor.... Mayor Ferret Yes, ma'am, I'm sorry -didn't mean to cut you off in any PT way. Please. VU JUN 2 51981 q ;i t1NfbtNtfV1ED SPEAYXR: with all due respect to Father ,tones and th W6ffderful work that he..... Mayor Ferre: We need your name and address to comply with the law. Ms. Annette Kay: My name is Annette Kay. I live in Buena Vista East, 4300 N.E. 1st Avenue. Father Jones' facility is very near my home and the homes of many of the residents who live in this area. Within the past year we have been inundated with thousands of Haitians. Due to this influx of Haitians there has been a Haitian Mental Facility estab- lished on N.E. 2nd Avenue. It is not a prettty facility, it is not a well operated facility but neither is Mr. Jones' facility, it's not well operated, it's not pretty, it hasn't got enough things to treat his pat- ients, it has no recreation facilities and his patients overflow on the streets and they're nuisances to the residents of the area. We are trying to redevelop and reconstruct this very very beautiful neighbor- hood. We are extremely highly taxed, must we suffer with a facility whose patients could buy drugs direction across the street from the place where they're supposed to be taken care of? Where they overflow into our neighborhood? Accost our residents, are general nuisance_? You say they're there under a grandfather law, what grandfather law gives them the right to keep buying housing there so that we can't even settle famil- ies? There are families who have looked for properties in that area and properties are inexpensive in that area, cannot come in because of the Haitian Mental Health Clinic and this health clinic. They don't go there anymore. Father Jones has outgrown this particular facility, you have no idea of the amount of garbage trucks around there. i'e has lately built an 8 foot high wall. Is lie trying to keep his patients in our us out? Two of his patients, he says he built this wall because two of his patients were raped. Two of his patients were found wandering through the streets completely nude, therefore, the natural thing happened. We not only suffer from the Haitians but we suffer from his facility. Now are we supposed to live like this or u) we move out? We'll let Father Jones have the whole area and we'll move out. Mayor Ferre: Thank you, ma'am, for your statement. Ms. Kay: Thank you. Mayor Ferre: The next speaker. Mr. Ronald Schello: Mr. Mayor and members of the Commission, my name is Ron Schello. I live at 2901 S. Bayshore Drive. I am here as a representa- tive of myself and the Mental Health Association of Dade County Putlic Action, Chairman of the Public Action Committee of its 3,500 members of the Dade Monroe District Mental Health Board and of the South Florida Psy- chiatric Society. I tell you when I heard FAther Gibson's remarks a few minutes ago I was really rather proud that I lived in the City of Miami, I really feel kind of morally superior to people from Coral Gables because we have done something for the unfortunate people in Dade County that live in the other municipalities. I'm also here to applaud, the in depth study that the Planning Department of this City has done and has proposed an ordinance which I think preserves the existing facilities which I think gives some semblance of order to additional facilities and I think preserves neighborhoods as they now exist without overloading any neighborhood. I wish to tell you that I think that this sensitive study ..serves your vote, I think that this study deserves your vote without the amendments suggested by the Planning Advisory Board because the Planning Department has done a far more in depth and careful study and their findings deserve your support. I wish to say this to you in the name of the associations that I represent and I hope that you will vote for it. Thank you. Mayor Ferre: Next speaker. Mr. Marshall Farkas: My name is Marshall Farkas and I reside at 1250 West Avenue on the Beach. I am the administrator of the Dade County Comprehen- sive Drug Program but I speak for myself this evening. I applaud the study and I applaude some of the things that we have been doing at this point. I think that the study has overlooked perhaps some of the needs and concerns that many of the providers may have and due to the lateness of the hour, I will make this very short and brief. I would respectfully respect at this jPoint that this Commission provide to the providers with an opportunity to jPresent to you an option for your consideration and deliberation and so that you might defer at this point the proposals before you for us to provide you with something to look at. 204 JUN 251981 Mr. Farkas: I would like for this to be deferred to allow for the Providers to put together a package for your consideration: Thank you. Mayor Ferre: Now, if we defer are you planning to come up with you're say- ing constructive recommendations? Now what does that mean? Mr. Farkas: .... I think what we're saying is we certainly want to maintain the integrity of the neighborhoods, we certainly understand that there is a need for growth but there is also..... Mayor Ferre: But the problem is that this is probably the 5th or the 6th time that we've deferred this. I mean we've been deferring this for two or three years now. How many years have we been deferring this? Mr. Farkas: At least three, I've been here seven and this has been..... We have had an opportunity to look at this study only recently and digest some of the things in it. I think that there is a need for us to be able to propose to you perhaps an alternative to what has been proposed. Mr. Whipple: Mr. Mayor? Mayor Ferre: Go ahead. Mr. Whipple: I'm'sorry, I have to take exception to the "We've only had a chance to review the study recently." over a year ago I met with this gentleman with the users and we discussed and discussed and came out with our first approach to the City Commission as to how we would handle it, we have talked about it upteen times since then and I really take except- ion to that statement. We have discussed it, it has been over and over, you've got people here that are in wholehearted support, we've worked out the legal problems and we're at it tonight. Mayor Ferre: Look, the problem is, Mr. Kehoe and others, that you can't please everybody, you know life doesn't function that way. And there is a principle involved in what we're trying to achieve here. we're trying to be reasonable. Now that's not an easy thing, evidently to be. We're trying to permit the usage in a restricted controlled manner. Some people say too restricted, some people say too controlled but we've got to do some- thing. We cannot continually just sit out and let this thing continue to drag and drag because the problems are not going to go away, they're there, we can't wipe them out by saying we don't want them to exist anymore and we need to get a handle on it. It isn't enough to say, with all due re- spects to my colleague who I admire so much, Father Gibson, let Coral Gables do its fair share. Coral Gables hasn't done it's fair share. Coral Gables is not going to do its fair share, it isn't going to change in the next 36 years anymore than it changed in the past 36 years. We've got to deal with the real world not with the imaginary world that we'd like to exist, we've got to do something. Please give me an alternative that is acceptable. I mean you know it is all right to come up here and say we don't like it, it's no good, turn it down vote it down, but you know, what do we do? Mr. Farkas: I'm a member of the Planning Advisory Board of the Drug Abuse Sub -committee I guess it's called for the Zoning Commission. There are quite a number of ways of dealing with this. The proposal that is before you is extremely restrictive. We certainly are in a time when the need is not decreasing. Mayor Ferre: You want it to be less restrictive, is that what you're saying? Mr. Farkas: No, I want it to be able to meet some needs that are upon us. Where are some significant needs that are occurring. Mayor Ferre: I'll tell you where I'm at so maybe you understand. I'm perfectly willing in the future to consider any amendments you come up with that are reasonable but it is time for us to fish or cut bait, it has been three years, we've studied this thing to death, you want to keep on studying it I accept that, I've got no problems, you come back but I think we need to do something today, we can't put it off any longer. 205 3UN 251981 Mayor Ferre: Mr. Whipple, I want it very clearly understood that if these ladies and gentlemen form themselves into a committee and they come up With recommendations if you don't put it on the agenda, sir, you come see me and I will put it on the agenda for discussion and I want to tell Mr. Foreman who I think went to shave his beard in frustration and those of you who are here that have high expectations after three years of waiting that this is an ordinance on First Reading, that we've got a Second Read- ing in which I expect that amendments will be forthcoming between now and the SEcond Reading and beyond this ordinance's Second Reading, 30 days after when it becomes law if you come with recommendations that are reason- able even if they're unreasonable I commit to you to put them on the agenda for discussion. Mr. Plummer: Mr. Mayor, you know I just was walking out there and I had to stop and think. You know, Max Foreman is complaining about when this thing started he didn't have a beard - Larry. All right, fine, Larry, it's easier to remember my brother is Larry. You know, probably one of the foremost men in this community was the one who, as I recall, came before this Commission and said, "Look I'm deeply involved in these areas but I realize that we've got to have some regulation". He didn't have a beard, he has died and gone to his grave, Dr. Ben Shepperd, probably one of the finest men that ever walked the streets of this community. And he was deeply involved but he was the one who came before this Commission and said to this (ommissi.on."I realize things are getting out of hand and if you don't put some kind of control you're going to eliminate it all" and he headed up a committee some two or three years ago that was really the father of this ordinance that we have before us today. Mayor Ferre: That's right, this is really the Ben Shepperd Ordinance, that's really what it is. Mr. Plummer: That's right. And let me tell you what I said before and I'm going to tell you right now because everybody pretty well has expressed their opinions. Nothing that we do here is etched in stone. My big ob- jection had been up to this point on the distance requirements. Okay? They wanted to go 1,200 feet, I wanted to go 2,500. Now I'll tell you where I'm at, I'm willing to compromise somewhere in the middle. Okay? Whether it _ is 1,800 feet or 1,850 feet, there's no question we've got to have a com- promise, we have got to have some rules and regulations. You know, the statement was made here tonight that we were putting people out of the bus- iness or we were being so damned restrictive, let me tell you something. You think we're restrictive, you go try to open one of these things in the City of Coral Gables. And don't tell me that there aren't kids from the City of Coral Gables that are involved in these programs. Now, I'm willing to compromise. I hope other people are because to have no rules is totally out of the picture, we've got to have them. Now, I say that and I also say to you that if this, which we might come to a compromise on tonight doesn't work, let's be big enough to admit that it doesn't work and thank God for a Ben Shepperd who would come back here and say to this Commission we need some more change. Mayor Ferre: Is that a motion? Mr. Plummer: Mr. Mayor, as far as I'm concerned it's a motion because that's where I'm at and that's what I'm willing to go for. Mayor Ferre: This is a First Reading only, you'll have a chance to talk again on this. It is now 12:15. Commissioner Plummer has moved on First Reading the ordinance as amended. Mr. Plummer: With the further amendment of 1,825 feet to appease Mr. Gary. And I want to tell you something, I've got no problem....... Mayor Ferre: Wait a minute, is there a second to that motion so we can get some discussion? Is there a second to the motion? Rev. Gibson: The original said how many feet? Mr. Plummer: Let me repeat it. The motion is that we accept what is here this evening in the revised 10(a) with a compromise of 1,800 feet between the ... 1,825 feet. Now, I want to say... It is under discussion, Mr. Mayor? 206 JUN 251981 R Vtyor PGrrat Wail, we need a second Mr, lslummart I'm sorry, I thought he did second it. Mr. Lacasat (INAUDIBLE, NOT USING MICROPHONE) Mayor Ferro: It's 12t15 and I don't blame you. Mr. Lacasa: I was willing to second it in the way it has been present@d, Mayor Ferret That's not the way Plummer is making the motion. See, the point is J. L., may I recommend that we do it this way? Could we move the motion on First Reading as it is and then can we discuss at the second hear- ing what the limitations are? Mr. Plummer: Mr. Mayor, you're putting me on the outside looking in and I don't like that. Mayor Ferret okay, well then do it your way. Mr. Plummert If I don't get a second then I'll listen to another motion. Mayor Ferret All right, is there a second to Plummer's motion? Rev. Gibsons Mr. Mayor, in view of the fact that we could change it on Second Reading I move it as is. Mayor Ferret All right, now there was no second to Plummer's motion as I understood it. Right? Now Gibson now moves it as is on 10 with the under- standing that at the second hearing we will take up some of these differ- ences, he will discuss..... We're talking about 10(a) as amended. Now, Lacasa seconded it. is there further discussion on the ordinance on First Reading? And I promise all of you that I will give you each the opportun- ity to make your statements into the record. Read the ordinance as we're passing it and please come back with recommended amendments. okay? For the second reading. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 68711 AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY MAKING AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 6871 PERTAINING To COMMUNITY BASED RESIDENT- IAL FACILITIES 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. Was introduced by Commissioner Gibson and seconded by Commissioner Lacass and passed on its first reading by title by the following vote- AYES! Commissioner Armando Lacasa'` Vice -Mayor (Rev.) Theodore R. Gibson 3 y;y Mayor Maurice A. Ferre } A NOES, Commissioner J. L. Plummer, Jr. 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 f } ek M1 �F e"k.. fi ��i M12�� Is „i 207 JUN 251981 61. DENIAL OF RECUEST FOR CHANGE OF ZONING - 3065 PLAZA STREET FROM R-2 TO C-4. Maxtor Ferre: Now take up Item 11 which is an application by Frederick Bretxratt to change zoning from R-2 to C-4. The Planning Department recommended denial and the Zoning Board recommended denial. Mr. Breena�r, 04r. Mark Rooten: My name is Mark Rooten, I am an attorney, I have offices at 2699 S. Sayshore Drive. I represent Frederick Bremen, Frederick Bremen Junion and Thomas Bremen who are the applicants. We are seeking a change in zoning from R-2 to C-4. As you can see, we are the owners of the two lots that are marked in yellow. As you can see from the zoning the way it stands directly across the street from us is C-4, that is where the International House of Pancakes is, Directly next to us is a lot C-4 which we own and directly next to t1w.t is the Toni's Gas Station. This is the lot that we are seeking to have rezoned from R-2 to C-4, it is 90 feet from U.S. Highway #l. And as you can see from these photographs that I have here which I'd like to make a part of the record, these photographs demonstrate the prox- imity of this R-2 lot to U.S. 1. The logic that this zoning has at the pres- ent time if it were allowed to stand at R-2 makes the C-4 lot almost unbuild- able, it is a 30 foot lot. The R-2 lot is a 30 foot lot, they are 120 feet deep. When the zoning was done, I don't know it was gerrymandered around this way but it split the ownership of the lots right in half. My clients owned the R-2 and C-4 lot. There was a house on the R-2 lot and the C-4 lot somehow or another got put off and now they can't build on either one, not unless you want to build on the C-4 lot a building that is approximately 120 long and 20 feet wide, I think you could build two lanes of a bowling alley and that is about all. We've been to the Planning Department, we've been to the Zoning Department, we've been there five times, we've had five separate drawings trying to draw a building that we can build on the C-4 lot - it's not possible. We've gone there and they've said you've got to variances, you've got to get conditional. uses, you've got to change parking, you've got to do everything. it is impossible to build on the C-4 lot, we've got to have the R-2 lot changed and rezoned to the C-4 lot in order to make this become a buildable site. I'm told that good and proper zoning shows that you should have C-4 facing C-4. When you get up in the morning and you walk out of your house you should be able to look at the same zoning as what you have where you are. In this place right here from the R-2 lot when you get up in the morning and you walk out you look directly at the IHOP Pancake House parking lot. If you would look to your right 90 feet away, you see U.S. 1. 60 feet away you see the Toni's Gas Station and just right next door adjacent to it what you see is the C-4 lot which we own. What we're trying to do is we're simply saying give us a site that we can build on. We're not trying to invade this area, we recognize it's a residential area, what we're going to do with this area is we want to build a very nice lovely two story structure. It is going to be a commercial structure, it is going to be a -sail loft. We're going to put billed sail. These boys own a sail loft and they want to continue to build sails. They don't have a lot of people coming and going, there's not going to be a lot of traffic in and out, there are three employees in the building and we need parking for 5 cars. We can put parking for 5 cars, in the plan that the Planning Depart- ment has approved and that the Building Department has approved but both Planning and Building say in order for you to put in the building that we approved you've got to have a change of zoning from R-2 to C-4. We're going to build a building that is going to be 90 feet long and 30 feet wide. In order to do that we've got to have the parking on the R-2 lot and actually that's why we need to have it converted from R-2 to C-4. It is not possible to build it, these are the reasons why. The conditions in this area have changed so substantially with Metrorail coming, and Metrorail has taken up a good deal of the commercial area all along U.S. 1 all the way from South Miami from Kendall clear on downtown. There is just nothing else that is available, we feel that a good and proper and logical change in zoning should be done and we feel that the R-2 lot should be zoned to C-4. Mr. Plummer: Do you own 19? Mr, Rooten: Iles, sir. We have 20 and 20 is what we're seeking to rezone And we own 19, that's C-4, 208 J U N 2 5 1981 `M 3}Al Ri ��.tE Y St k`lY fi��r1 4. Mrs 151unnart What About transitional, Whipple? Mr, Abotent transitional zoning would allow us to put up,��; 3 Mr, Plummer: Excuse me, sir, is your name Whipple? ` i LL , Rooten : No • ' c Mr, Whipple: My name is Whipple, Mr. Plummer: Thank you. Mr. Rooten: Oh, I'm sorry, I thought you were looking at one asking the trues= tion. Mr. Plummer: That happens to Plummer a lot. Mr. Whipple: The transitional zone as this is an R-2 lot would allow a multi- ple family development or an RCA development which would allow office. I think we ought to note at this point in time that the zoning as originally applied to this area was in response to the ownership. What we have is a property owner to the north seeking to acquire the property to the south and include it as a development but the zoning line as originally established did establish it with a break in the ownerships. Our basic concern, however, is one with respect to commercial encroachment further into this residential area. As the Commission can note on the map, allowing commercial develop- ment that relates -to South Dixie Highway and trying to confine it to South Dixie Highway when it is at an angle becomes very difficult. We just sug- gest to the Commission that the continual deepening of commercial zoning is detrimental to the neighborhood and we believe the line should be held in this instance and other instances as we have cited. Rev. Gibson: Mr. Whipple, show me that lot that he wants changed on that map. Mr. Whipple: That's the yellow, Father. Rev. Gibson: Oh, I see. Mr. Whipple: Lot 20 and the black line above that. Rev. Gibson: Where is that filling station that... Mr. Whipple: I believe that is on lot 15, sir. Rev. Gibson: Lot 15. And you mean to tell me that you want to go from 15 to 16 to 17 to 18, is that what you're telling me? Mr. Whipple: No, sir, the zoning already exists on 15, it includes 15, 16, 17, 18 and 19. The request tonight is to go one lot further to 20 which is the lot in yellow. Rev. Gibson: In other words we're just going to increase it right along? Mr. Whipple: Well, that's what's being requested, sir. Rev. Gibson: Oh, I see. Well, now, none of the other men here know too much about out there, I think I kind of know. Now, we don't need any more residential in those areas, I mean business in those areas encroaching upon that residential. I would hope, and I would think that, you know, you've made a pretty nice recommendation and we ought to live with it. Mr. Whipple: Thank you, sir. Mayor Ferre: All right, what is the will of this Commission? ,All rights there are two ladies that want to speak. Yes, ma'am. P i Rev. Gibson: You're going to speak against what he wants? UNIDENTIFIED SPEAKER: Yes. cf" Rev. Gibson: Listen, don't you understand when you're ahead? UNIDENTIFIED SPEAKER: Okay, thank you. Mayor Ferre: Father Gibson, the Chair recognizes you for a motion. 209 J U N 2 5 1981 R i v4 dibson: Mr. Mayor, I want to move to uphold the pl&hhing b6p&ftM6ftt and the Zoning Board. Mayor Ferre: All right, is there a second? UNINTELLIGIBLE CONVERSATION FROM AUDIENCE Mayor Ferre: No, he said uphold it. Mr. Plummer: You know, that's what I've got a problem with booause t d6f►It Want to agree with those dirty devils. if he makes a motion to deny the application I'll second the motion. Rev. (7:.bson: I make a motion to deny. Mr. Plummer: I second the motion. Mr. Mayor, let me further state for the record the reason why. First of all, there is no stopping once you go beyond and second of all these people only bought this property in April, they knew what they were buying, they knew what their problems were and I just, you know, they bought it at a reduced price with great hopes and expectations that hopefully it would double or triple in price if they got it zoned to a C-4. Sir, because you say you're going to do what you're going to do we cannot hold you to it. If we approve it tomorrow morning you can go out and sell the whole tract for C-4 and the next guy comes back and asks us "Just one more so I can add to my C-4" There's just no stopping it so there is dust no way that I can vote for it so that's the reason I second it. Mayor Ferre: Your final statement. Mr. Rooten: Mr. Commissioner, these boys are in business with their dad, they've got their store right now on Shipping Avenue just on the other side of U.S. 1. They would stay there but for the fact that the landlord has rented the remainder of their building without telling them that he was going to rent it to Zacchary's Restaurant. These boys right here have been cutting sails since the time they were 8 years old. These boys want to build a sail loft so they can continue the family business that their father started in that same location on Shipping Avenue 20 years ago. These boys don't want to go any place else because their business has been known to be the Bremen Sail Loft for 20 years on Shipping Avenue. They don't want to move out of the area where they are. They want to be close enough to Dinner Key where people who know where Bremen Sails are so they drive their car to Bremen Sails or so that they can go from Bremen Sails down here to Dinner Key and down to Coconut Grove Sailing Club where all the activity is and where all the sailboats are so they have the proximity to it. These boys are 30 years old, they've got another 20 or 30 years to go in their business. Their father is 65, just retired. He has cut sails all of his life and they want to in and they want to remain in the sail loft business. They're not going to the expense of having plans drawn just to simply turn around and say fine, now that we've got this property and now that we've got rezoning that we're going to now sell it. They want to build a sail loft and they want to remain there for another 20 years or more. Mayor Ferre: Are those the plans? Mr. Rooten: Yes, sir. Mayor Ferre: Let me see them. Mr. Plummer: Sir, I accept what you say. All right, sir? And if we could make a stipulation that the next 30 years nothing else could be done with that property it would be a different story. We can't do that. You can not condition a change of zoning. God forbid something should happen that the two brothers get in a fight and they split up tomorrow and they say Okay, we'll sell the store. That's possible. I'm saying to you, sir, I accept what you say as being honest and truthful but we can't guarantee it, you can't guarantee what the future holds no more than I can. Now, there is plenty of property available in the Coconut Grove area. I would tell your clients to immediately contact Monty Trainor who is intending to put one of these kind of businesses in the old Underwood Property. Mr. Rooten: At a substantially greater price that we'd have to pay. Substantially greater. Mr, Plummer; No question, 210 JUN 251981 Mr ► k66teht You 0&h 1 t make ft hdy in a NAil loft and Pay Monte Traih6r' S mateei Mr. Plumper: Well, I tried to offer a suggestion, sir. Okay? My hands are tied because I can't condition you. Mayor Ferre: Okay, we have a motion and a second to deny. Call the roll. The preceding motion introduced by Commissioner Gibson and seconded by Commissioner Plummer failed by the following vote - AYES: Rev. Gibson, Mr. Plummer. NOES: Mr. Lacasa and Mayor Ferre, ABSENT: Mr. Carollo. ON ROLL CALL: Mayor Ferre: All right, let's see if I, because I'm the swing vote in the sense.... Mr. Plummer: No, you're not. Mayor Ferre: No, I'm not, it doesn't make any difference how I vote. Mr. Plummer: That's right, whatever you do it's still denied. May--r Ferre: It's denied because..... wait a minute. There is a motion to deny the ordinance as it is presented. In other words the application by Frederick 3remen. If I vote to deny that's obviously a clear cut majority of three. If I vote against it then the motion is defeated so it hasn't been denied but neither has it been approved. Mr. Percy: It will be treated as a denial. Mayor Ferre: It would be treated as a denial. Okay, so my vote at this point is really a moot point but counselor, I'm going to vote with you and I'll you the argument that pursuaded me. Two arguments pursuaded me for whatever it is worth. There is no question that these stepped zoning areas like a C-4 create conditions that are very special in nature. This is a classic one where you're right close to U.S. 1, we've got rapid transit coming, this is an area which has that kind of confusion in it. This is very similar to the vote that this Commission - not you, Lacasa, you weren't here, but Gibson Plummer and myself were here where we voted to let George Pace, remember George Pace? Is that his name, George Pace? George Pace in Wynwood who has a cabinet factory or he made windows or something and that man came here and he pleaded and he said, "If you don't let me do this I'm going to move to Hialeah, I've got to go out because I can't..." Don't you remember that argument? And this Commission, I don't know how you voted but the majority of this Commission voted to let George Pace have his way. Mr. Plummer: No, let it remain, stay. Mayor Ferre: But what he was doing and what he got, now he was expanding, J. L. He got in a totally R-1 area, he put up an industrial shop that had buza _aws and glue and all kinds of things for manufacturing and we were saving, why? Because of the Haitian, Puerto Rican and black community who he employed I think 30 people who were craftsmen in that general area and he said that he went out to Hialeah those people obviously would lose their jobs. Now obviously it's not identical but here we have a situation of people who would like to stay in the general Coconut Grove area and who I don't think they're doing, they're not raping the land, this does no great violence to this area. So you know, I vote with you and I vote against the motion, I'm sorry that it doesn't make a bit of difference now. Mr. Rooten: ...with all due respect, 30 feet is just ridiculous. Rev. Gibson: Ladies and gentlemen, let me tell you something - none of you live out thero. I've lived there for 35 years. Mayor Ferre: And I'll tell you I've got to respect Father Gibson's criteria, Rev, Gibson; I went out there and looked at the thing myself. I don't vote up here on zoning unless I go see it. Now you know---- 2 1 JUN 251981 62. GRANT REQUEST FOR VACATION AND CLOSURE OF S. W. 3RD STREET & 50 AVENUE - TENTATIVE PLAT ##1067 "NATALIA". Mayor Ferre: We're now on Item #12 which is Miguel Carbonell for the vacation and closure of S.W. 3rd Street north of the north right-of-way line of S.W. 50th Avenue. Now the Planning Department recommends approval and the Zoning Department recommends approval. Are there any objectors to that? Is there a motion on Item 12? All right, moved by Lacasa, is there a second? Do you have an objection? Oh, I'm sorry, I thought you were raising your hand. Rev. Gibson: Plummer, didn't we suggest on this item some time ago that they go and work out some sort of an arrangement? Isn't that what happened? Mr. Plummer: Yes.... It was not this one. The other one was around 47th Avenue, Father, not 50th. Rev. Gibson: I see. All right. Mr. Plummer: But wait a minute. Mr. Whipple, what was our problem and what were we trying to accomplish on that other one? As I recall, Mr. Whipple, those people were nice enough to volunteer since they were enhancing the value of their own property that they were going to give some shrubbery to the neighborhood. Seeing as how this man will probably increase his value by x-number of thousands of dollars. Sir, are you the applicant here? You realize how much the value of your property is going to go up? Well, you're sure it is going to go up, aren't you? INAUDIBLE RESPONSE Mr. Plummer: Yes, but don't you think it would be nice for you to volunteer some shrubbery and nursery for that neighborhood? UNIDENTIFIED SPEAKER: We promised to make a sidewalk, all the sidewalk is around ..... the trees and the landscaping. Mr. Plummer: I was thinking about 12 black olive trees up and down that block would look real nice. White olives? Sir, I don't think you're read = ing me. UNIDENTIFIED SPEAKER: Yes, I read you. Mr. Plummer: No, I really don't think you--- Do you wish to make any voluntary statement to this Commission? UNIDENTIFIED SPEAKER: Yes, sir. Mr. Plummer: And what is that statement, sir? UNIDENTIFIED SPEAKER: Well, the statement is there is a lot of the sidewalk that is broken.... Mr. Plummer: Yes, I heard that before, sir. UNIDENTIFIED SPEAKER: But if you think that it is fair that we pax something we pay something. Mr. Plummer: To fix your sidewalk? UNIDENTIFIED SPEAKER: We are going to pay more taxes because my house is an old house right now, my son wants to build a new one and we are going to pay taxes for that thing. We are going to improve the lot. Mr. Plummer: Are you going to put another house on it? UNIDENTIFIED SPEAKER: Yes. Mr. Plummer: Oh yes, you are really going to make some money on the 4gal. Yes, I understand, sir. Are you Spanish, sir? UNIDENTIFIED SPEAKER: Yes. '�, JUN 2 51981 ------------ UNIbtNTIVIED SPEAKER: Yes, I know. Mr. Plummer: You understand you get a little bit, the City tJets a little bit, do you understand that? UNIDENTIFIED SPEAKER: Yes, I understand. Mr. Plummer: Do you have any statement you'd like to make to this Comis- Sion? UNIDENTIFIED SPEAKER: Well, let me put it this way: If you feel that it is fair that I pay something I pay something. Mr. Plummer: Sir, I'm not saying that you should pay anything. I'm Saying tat that street from 2nd Street to Flagler Street, twelve nice trees in that street would enhance your neighborhood. Now it is going to cost you some money. UNIDENTIFIED SPEAKER: Yes, we plant. How many trees? Mr. Plummer: Well, I thought 12 was a right nice round number. Did YOU' say 12, sir? Mr. Whipple? Mr. Whipple: We have a little mis-information here. Mr. Plummer: We have a little mis-information - 14. Mr. Whipple: The property is being split, the property owner to the north and the property owner to the south. Mr. Plummer: Well, where is the other owner? Oh yes, sir, would you like to make a statement? You've been awfully damned quiet out there conveniently haven't you? Mr. Whipple: Therefore, it does not become a legal building site per the vacation .... Mr. Plummer: Yes, but until they get together and then you want to see "serrucho", you haven't ever seen it, baby. Mr. Whipple: Commissioner, to be honest with you we're only talking about 50 feet that is not a legally platted lot and whatever you want to talk about.... Mr. Plummer: Now, if this gentleman would like to talk about 6 trees and this gentleman 6 trees I've got no problem with that. Mayor Ferre: Okay, now after all those volunteered statements that you've made, Mr. Carbonell, are you going to smile? Mr. Carbonell: Yes. Mayor Ferre: Okay. Now L..at he has volunteered..... Mr. Plummer: Do you also, sir, agree? Would you like to get up on the record, sir, and give me your name? Mr. Ibor Diaz: My name is Ibor Diaz. Mr. Plummer: What do you wish to say to this Commission, Sir? K Mr, Diaz: What is he saying? I don't know. Mr. Plummer: Oh yes you do. Mr. Lacasa: I remember that when all this started I made a motion. What happened to that motion? Mayor Ferre: You didn't get a second, that's what happened. Mr. Lacasa: I didn't get a second. Mr, Plummer: Would you like to conve21S th this gentleman in Spanish? J U "N 2 519 31 Mr, pluthtner: Would you like to converse with this gentleman in Spanish? I know how to say black but I don't know olives. I understand I think that he wants to donate six black olive trees for the neighborhood and the other said.... I think that's what they're telling me but I don't understand their English that well. Six black olives. Will somebody translate to Lacasa for God's sake? Mayor Ferre: You know Lacasa turned around to me and he said, "There goes Plummer making another racist statement." Mr. Plummer: I want to tell you if I had this much trouble selling funerals I don't know what the hell I'd do. UNIDENTIFIED SPEAKER: Dice que le done seis matas de mangos. Mr. Plummer: No, no, not mangoes. Mayor Ferre: Come on fellows, it is 12:35 and I don't know about you but I'm getting sleepy. All right, Mr. Lacasa moves and Mr. Plummer seconds with all the donated mangoes and black olives etc. Further discussion? Call the roll. Is that all right with you? The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-579 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCON- TINUING THE PUBLIC USE OF S.W. THIRD STREET, EAST OF THE EAST RIGHT-OF-WAY LINE OF S. W. 50TH AVENUE FOR A DIS- TANCE OF + 61.66' AS PART OF THE REQUIREMENTS FOR THE APPROVAL OF TENTATIVE PLAT NO. 1067 - "NATALIA". (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 Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Mr. Plummer: Nice to have you here gentlemen, good to see you. anytime, we'd love to have you. It beats the hell out of HBO. 0,1 Mt i3- - s s. ��141xr3` !{it Y v � gfa • ,1, ',,, ,� 214 JUN 2 5IS81 63. APPROVE BUENA VISTA =1MUNITY REVITALIZATIOr PLON. e, Mayor Ferre: Item 13, Planning Advisory Board recommended approval 6 to 0 without any objections and the Planning Department obviously recommends it because it made the application. Are there any opponents to Item 13? If not, Father Gibson moves, Lacasa seconds. Okay, you are recognized. Mr. Goulalei: We approve of the plan and agree with it except we have some caution to advise regarding that plan. In the past, for those of us who live in the community, a group of come here, the records of the City in terms of enforcing the codes, in terms of enforcing the zoning codes in particular has been very poor. There are about 20 or 30 apartment houses which are supposed to have about 4 family units or 5 family units and about 20 to 15 families live in those apartments and those apartments are owned by absentee landlords. So if you are going to develop that area and if you are going to allow more people to move into the area you have to enforce the codes. We've been calling the City regarding a restaurant which has opened in a private home, nothing has been done. Mr. Plummer: Who did you call, sir? Mr. Goulalei: I called a number of people including Mr. Diaz and he took action on it and called the people and the Zoning Enforcement people couldn't do anything about it until somebody presents them a receipt from the restaurant and/or a sworn statement saying that I went in there, bought food and paid for it. Mr. Plummer: Is the restaurant now gone? Mr. Goulalei: There is a restaurant going on now. Mr. Plummer: Still going on? Mr. Goulalei: Yes, on 46th Street and North Miami Avenue.. rva Mr. Plummer: Mr. Gary, did you hear this gentleman? Mr. Gary: No, I'm sorry, Commissioner, I didn't. Mr. Goulalei: Mr. Plummer: Oh, I did, Mr. Goulalei: Mr. Plummer: Well, I'n Mr. Goulalei: 3 ESy t � That's the problem, nobody pays attention,""" I 5t t xtis. sir. I did, don't say everybody.e Well, most people don't pay attention.` i not most people. I'm glad about that. Rev. Gibson: Since I made the motion, I would make the motion with the instruction that the administration forthwith proceed to clean up its act and enforce the Zoning Code up there just like I said about the Grove. Mr. Goulalei: Father Gibson, we are very grateful because you don't know what we have to go through. Every day in front of my front yard I pick up at least two plastic bags full of garbage. Mr, Plummer: Is this from the restaurant? Mr. Goulalei; This is from everybody who lives in that neighbor- hood. This is from people who come there and live there and visit. Well, not from you, of course. - Mr. Plummer; No, from him you'd get 4 bags. Mr, Goulalei; You said it, not me. Mr. Plummer: I know it. 215 JUN 2 51981 Mr. Goulalei: who buys from there? The poor Haitians who don't know any better and they are bt-ing exploited, he cashes their checks for them for $4.00 a paycheck and he is becoming a millionaire and we're suf- fering and the Naitians are suffering. The neighborhood is divided. I have been fighting with my white and black neighbors say you're being racist and I was +r.rn, =ncy weren't being racist, they were protecting their interests. And i.f we: are going to have a cohesive harmonious com- munity first you people have to act and tell us that you are going to en- force the codes by which we are forced to live by and other people are violating it. So why should we live by it? Mayor Ferre: I think you're absolutely right, I can't deny a word you have said. Mr. Goulalei: And the City has failed from the Mayor all to the City Manager because you haven't enforced the codes that you passed. Mayor Ferre: I can't dens a word you're saying, sir. You're a smart man. Mr. Richard Rosichan: My name is Richard Rosichan. I live at 141 N.E. 45th Street, Miami. I'd like to com-nend the Planning Department for for having devised this proposal, i think it is a very good proposal and I think that it is going to be a great -advantage to the neighborhood of Buena Vista and particularly of Buena Vista East. However, I have to reiL.-rate first of all what Mr. Goulalei said in regard to code enforcement. Our code en- forcement has ranged from poor to non-existent in the area for at least the past 7 years. we arcs confronted frequently by statements that there is in- sufficient funding for proper enforcement and this is largely true but even when there was suf-ficient funding in the middle seventies we still did not get proper enforcement and even today the Sanitation and the Building and Zoning Departments do not make the best use of their resources that they have in providing this enforcement. There is one house on my block, for example, that has been renting rooms in violation of the law for 7 years and the complaints to Building and Zoning in regard to this house began the week that it was converted in the fall of 1974 and to this day nothing has been done about- the situation. And there are many many complaints nature. There are many illegal conversions and illegal rooming houses and there has been rio effort made to track these down or to act upon them. I'd also like to say a word in regard to the rehabilitation program which has come into our area. My own experience with this program was such that I did something that I doubt that very many people would do today, I turned down a 3% loan because of the deception and the mis-information that was passed to me. This program is going to have to put its act together and to be run efficI- :-'s'! al"C' '_o respond better to applicants in order to make - 216 JUN 251981 ON Ahy kind of dent in the area. Finally, I'd like to point out Very briefly, and t won't any editorial comment on it, but page 59 there is a specific Plah proposed for the old fire station at 4850 N.E. 2nd Avenue and I urge adoption of the program, I think it is a good proposal. Thank you. Mr. Gary: Mr. Mayor, in response to Father Gibson and the concerns raised by the community we do have a problem with regard to zoning primarily for a number of reasons, not only the court system, but in the past 4 to 5 years our emphasis has been on increasing the staff of the Building and Zoning Department primarily in the areas that deal with the downtown. Now even though we need to increase the activity for downtown this comes back to the problem I was talking about with regard to the budget that we need to become and retain our semblance of a full service city and the problems that they are confronting is a city-wide problem. As a matter of fact, I am a complaintant against the City because I have the same problem in my neighborhood and that is primarily because we only have three zoning inspectors for the entire city. Mr. Goulalei: That's not the problem, sir. Mr. Gary: No, you let me finish, I didn't interrupt you. I think it is important that we begin in order to preserve the neighborhoods that are not only run down but those that are on a border line that we begin an emphasis not only in our zoning inspections in the Building and Zoning Department but also in our enforcement as it relates to the Law Depart- ment who we assigned an attorney inthe Building and Zoning Department who has now been taken away from the Building and Zoning Department to c2al with the prostitution issue on 62nd Street. So I think we need to begin to look at some different priorities in this City, if we can't address the problems of the common day citizen ::hat lives in this City. Thank you. Mr. Goulalei: Well, prostitution to 'iegin with has been with us ever since man has been around and nobody has been able to control that problem. The problem we are having now is a new problem and a problem which is existing as a result of the failure of the City to enforce its own codes. Furthermore, the City is afraid to evict the people who are overcrowding those apartments because the City will have to find them a place and we are becoming the recipients of the overcrowding. The other thing is the absentee landlords who own those apartments will walk over to one of their tenants and tell him, "Okay, as long as you bring me $1,500 a month I don't care how many people you rent it to" and so that guy brings in 40 people, 20 people in an apartment built for 4 families. And what happens? They double park their cars, they park their cars the wrong way, they throw their garbage. And who suffers from this? Those of us who have obeyed the ordinance and who have to live in a single family unit and that is wrong and we are not going to accept it and we will fight you till the day comes. Mr. Plummer: Now wait a minute, I've listened to this gentleman. Sir, that's fine for you to say what the final analysis and the bottom line is and there is no question what you're saying has a great deal of truth to it but let's go right back to where the problem really belongs. That is the federal government allows these Haitians to come in here, the federal government who dropped 175 of them in a parking lot last night in the City of Miami and if we take and turn around and we say to them, "Oh no!" tnen we're the bad guys - we're the bad guys. Mayor Ferre: Mr. Plummer, I am going to arbitrarily and unilaterally cut off debate. Mr. Goulalei: I would like to respond to what Mr. Plummer said. Mayor Ferre: There is a motion on the floor, it has been properly seconded, we have debated this for a half an hour, it is now 1:00 O'clock, I will let you, sir, make a very brief statement into the record and then I will cut you off. Mr. Goulalei: I will make a very brief statement. I was at the federal courts the other day and I saw two Haitians being convicted for smuggling Haitians. If we are going to put the blame on the federal govern- ment let's take it a little further and put the blame on the man who smuggled those slaves to this hemisphere 400 years ago. The blame lies on the City because it is not enforcing its codes, not on the federal government. If we are going to take it to the federal government let's take it to the slave smugglers. 217 J U N 21981 LadA910 Wh6l >E RESOLUTION NO. bl-t>bU A RE9OLU`ft0N RECOMAtNDING APPROVAL OF THE BUENA VISTA Ui!TV REVITALIZATION PLAN FOR THE BUENA VISTA GREAT ffGHBORHOOD AREA, GENERALLY BOUNDED BY N.W. 54TH STREET 6N THE NORTH, I-195 OR N.W. 38TH STREET ON THE SOUTH, Iy95 OR N.W. 6TH AVENUE ON THE WEST AND THE F.E.C. R.R. O T1iE EAST; W'DICH CO'MMUNIT'i REVITALIZATION PLAN INCLUDES ACQUISITION fhND CLEARAI4CE, RELOCATION, REHABILITATION, STREET IMDROVF`,it,117S AND BEAUTIFICATION AND WHICH PLAN IS IN CONFOXMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AS P.F.R MAP ATTACHED AND MADE A PART HEREIN. (Here follows body of resolution, omitted here and on file in the 0£fice of the City Clerk.) Upon being seconded by Commissioner Gibson the resolution was pagsed 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 Caxollo. 64. GRANT P'iR':2.=.:3ION TD CONSTRi:CT RECREATIONAL. FACILITIES IN FO:�T DALL.S ARK (48-64 S.E. 4TH STREET). Mr. Carl Kern: I'tr; Cal Kern, the Miami Parks Director. I am going to give you a very quick tour of the Riverwalk. The purpose of this is to summarize for all the Commissioners what is going down on the Miami River and, as you know, we're right here at the Brickell Avenue Bridge, the Miami River and, of course, our new James Knight Convention Center. This planning has been done with the Downtown Development Authority, Public Works Department, the City of Miami Parks Department, basically what we have is the famous river walk which was constructed at one time, disrupted because of the new con- struction. The River Walk will run all the way from the Brickell Avenue Bridge all the way up past the Bauder Fashion College, terminate right past what we now call Dallas Park and at the present time in the park we have the Butler Building which is the only standing Flagler home left in Miami, it has been relocated in the park and, of course, the park does not look like this right now, this is our plan for the park and naturally, as you know, I'll come back begging for money for the park someday to finish it. I think the most important thing to mention at this time is that the City is committed co finishing the River Walk to this point from here to here be- cause it has to go along with the Convention Center and that has all been put in Phase I.... Mayor Ferre: Why not they.... Oh, I see, because the rest of it is Bauder. Okay. Mr. Kern: Yes. And the Community Development Department has Funded $600,000 of development of the River Walk and we're going to make sure that this is constructed so that the Convention Center is completed and the River Walk and everything is all one unit. Mr. Plummer: Wait a minute, let me ask a question. what happened to all of the money that the DDA dedicated to that River Walk? Mayor Ferre: That was spent. SUN 251981 Mr. Kern: WE21,rc"at'_ really C. D. Money. p1e Seed? What did you grow? Mr. Kern: Community Development money through the DDA. Mayor Ferre: $650,000, you approved it this morning. Mr. Plummer: No, Mr. Mayor, a couple of years we spent $400,000, Mayor Ferre: That money was spent, that went down, it was the original walkway which is lost I would imagine. Mr. Plummer: What happened to it? Are you telling me that that got bull- dozed? Mayor Ferre: Bulldozed, yes. It got bulldozed. Mr. Kern: That was probably before I got here, Commissioner. y rs{ir Mayor Ferre: It was bulldozed.ks�A " Mr. Plummer: $400,000 worth of steel got bulldozed? yy' �tp ortion of it is still there..... �,)� Mayor Ferre: No, that p f k 1 , N Y•i i'' Mr. OR Plummer: Where? Where does it exist? river line. Mayor Ferre: The bulkheading is along the r r ,r Mr. Plummer: No, the walkway. Mayor Ferre: No, see part of that was for bulkheading, that's there, tow the trees and the brick and all of that, that's gone. Mr. Plummer: Yes, please. Mr. George Campbell: mr. Mayor and Commissioner Plummer, a large portion of the River Walk, I believe it is up to about this point, was demolished with the construction of the James L. Knight Center when they came in and dug up all the land and everything there. Mr. Plummer: The what, sir? Mr. Campbell: The Convention Center. Mr. Plummer: Oh yes. That's the City of Miami? Mr. Campbell: Yes, sir. Mr. Plummer: Thank you for that. So in other words what you're saying is that the $400,000 that the DDA spent went under the bulldozer. Mr. Campbell: A large portion of it, I believe this portion in front of Bauder Fashion College is still remaining. Mr. Kern: Just in summary, as far as the Parks Department was concerned we see this as being a great lineal park and part of our Environmental Enhancement Program along the Miami River and, of course, the development of downtown spots like Walker Mini -Park and Dallas Park we foresee a small carry -out restaurant right here operated out of the Old Butler Building. We've had a number of private concerns that are interested in operating that. We have filed an application with the State of Florida for develop- ment funds for the park as you see it and that is more or less the overall design. The house is presented in this spot on the park. Mayor Ferre: Carl, I just hope that someday that park looks half as nice as that model does. Mr. Kern: We did take a little artistic license with it. Mayor Ferre: Who did that model? Mr. Kern: That's a Miami Parks Department model. Mayor Ferre: Who did it? 219 U N, 7 5 1981 Mt, Ken: vur Parks Department Design Division, Juanita Sheatet is out ditedtoress, she is a landscape architect. Mayot Ferre: Did you do that? Your staff did that. Well, I want to tell you it is one of the best jobs I've seen in a long time. Mr. Plummer: Yes, because the last one, do you remember? In the river last time they had a battleship. Yes, they had a battleship in there. Mayor Ferre: And I want to ask Roy Kenzie to go visit with you and learn how to do these things. Mr. Kern: Roy supplied us with the funds to pay for the materials and two studcnts from the University of Miami, we brought them over to the Parks Department and worked with them and showed them how to do it and Juanita directed their activities. She's a landscape architect III and the director of our design division. Mayor Ferre: Well, I want to tell you that you did a very fine job. Mr. Kern: Thank you very much. We would like to keep this on display someplace, wherever you'd like to have it, maybe out in the lobby for a while or any other place you'd like to see it. Mr. Plummer: Put it in the Mayor's Office so he can't forget about it. Mayor Ferre: I think it would be very nice if you would put it out in the lobby for a week or two, I hope that nobody would harm it. Mr. Plummer: They way they've been stealing around here it's gone. Mayor Ferre: No, I don't think anybody would harm it so I'd like to leave it there for a bit. So what do you need us to do now? Mr. Kern: Well, we're just the planninu department, really I guess you are here to confirm the park plans. Mr. Plummer: It says here that we're supposed to construct and operate a recreational facility in Fort Dallas Park and I move it. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-581 A RESOLUTION RECOMMENDING PERMISSION TO CONSTRUCT AND OPER- ATE RECREATIONAL FACILITIES IN FOR DALLAS PARK, BEING AP- PROXIMATELY 98-64 S.E. 4TH STREET, DESCRIBED AS LOTS 17, 18, 19 LESS RIGHT-OF-WAY, FORT DALLAS PARK AMD. (1-26) (4-85) PER ARTICLE XVITI-I PUBLIC PARK AND RECREATIONAL USE PR DISTRICT, SECTION 4(1-3) ON ABOVE SITE ZONED PR - PUBLIC PARK AND RECREATIONAL USE DISTRICT, PER PLAN ON FILE, AS INCORPORATED HEREIN BY REFERENCE, DATED MARCH 1981 AND SUPERSEDING PREVIOUS APPROVAL GRANTED BY RESOLUTION 79-559; JULY 24, 1979. (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- 1 i 3 r 0 ! fs*w s 65. APPROVE TEMPORARY TRAILER FOR BANK OFFICES, PFPX'kNENT BA1KIlIG FACILITIES AND SNACK BA_'R 1007-1020 NORTH AMERICAN WAY (DODGE ISLAND). Mayor Ferre asked if there were any objectors present who wished to speak to Item #16. NO OBJECTORS APPEARED. Mr. Bert Saunders: I just wanted to say one thing for the record. My name is Bert Saunders. I represent Dade County. I just want to state for the !_ record that we are appearing before you but we are aware of our rights under Chapter 125 of the Florida Statutes and we're not waiving anything by our appearance. -' Mr. Plummer: Oh that's fine, now let's just spend an hour on what you just said and find out what the hell you said. Go right ahead because right now I'm ready to move to deny. Mayor Ferre: What are you saying? Mr. Saunders: Chapter 125 says that ports are not necessarily regulated by cities. We want to continue to come before you with these types of appli- cations.... Mayor Ferre: But they don't want to waive their rights. Mr. Saunders: But we don't want to waive any rights in the future that we may have. Mayor Ferre: I got you. Mr. Percy: They are voluntarily submitting themselves. Mr. Plummer: You know that's all well and good but to stand up here and say that to me is utterly ridiculous.... Mayor Ferre: No, it isn't. Mr. Plummer: No, wait a minute now, he has opened up the damned door, let's go right through it. I didn't want to go into any controversy which I know surrounded this thing before and for you to come here and tell me you're not going to waive any rights and you're not going to do this when we've already made a motion to approve I think is out of order, I really do. Mayor Ferre: Plummer, I'm not a lawyer but let me tell you why he is doing that. Mr. Plummer: Fine, I'll tell you why he's doing it, so that we can take the heat and he doesn't, that's why he did it, exactly the reason. Mayor Ferre: No, sir. Listen to me now. Five from now..... Mr. Plummer: That's a bunch of crap because tell me on the record right; now was this not embroiled in controversy? Mr. Saunders: No, sir. Mr. Plummer: There was no controversy about the Port and having trailers ' over there without permission? Tell me yes or no. Mr. Whipple: That's a separate item. Mr. Plummer: I'm not asking you, I'm asking him. Mr. Saunders: I'm not familiar with..... Mr. Plummer: Did I not read in the paper that this was involvgd in ppntro, versy, that there was no permission, that it was done without permission? Mr. Saunders: Not this one. 221 JUN 251981 Mly6f 'Pdkke, l,et fie '4uett what this is all about. If he doesn't do that §aWbody in the future if there is a lawsuit that would come up would come back and say, " I don't know what they're talking about, back in 19B1 they Went up before the City of Miami Commission and they asked for approval for such and such and they recognized the City's jurisdiction then, why shouldn't they recognize it now." Isn't that what this is all about? Mr. Plummer: Hey look, all I'm saying to you is this is not the first time this has happened that people come up here and say, "Oh, well, we don't have to come here to you". You know what they're doing? I'm going to tell you what they're doing - they're throwing the heat to this Com- mission. If something goes wrong this Commission did it - not us, we're the good guys, that City is the one that allowed it to happen. Well, let me tell you something if you don't have to come here don't come here, that's the way I feel about it. If you've got the right to do it go ahead. Why do you even come here and tell me and waive in front of my face a red f7.ag that says we're not waiving any rights especially after the motion was made to approve? Mr. Mayor, I want to tell you something I make a motion to defer, let's talk about this thing. Mayor Ferre: There is a motion that Item 16 be deferred. Mr. Plummer: That's right, and it now comes under permanent drive-in tellers and this Commission has to review every one of them. Mayor Ferre: All Tight, is there a second to the motion? Mr. Saunders: Mr. Mayor, could I say one thing? I was asked by the City Attorney to make that statement for the record. I don't want to put any- body on the spot, jest that.... Mayor Ferre: Okay, do you want to get him off the spot? Mr. Percy: He's corre,7t., t'u-. Mayor, there is a State Statute and some 3 Third District Court opinions where County port facilities are not subject to local regulation. The County has voluntarily submitted themselves to be regulated, to 1-c sub,;ect to our zoning codes. State law exempts them from this regulation and at the prior hearings we have requested that they make that proffer for the record and in so doing they just simply reserve the rights that they have under State law.' x h� Mr. Plummer: Maurice, I was ready to vote for it. Okay? fg,2ti4 k S A Mayor Ferre: But why penalize these poor people for a statement that they are really not the authors of? INAUDIBLE COMMENTS FROM AUDIENCE Mayor Ferre: Judge, I was waiting to see the wisdom of those grey hairs. Mr. Plummer: Based upon that I'll withdraw my motion. Mayor Ferre: Thank you, judge. Now, are we ready? Okay, call the roll on the original motion. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-582 A RESOLUTION RECOMMENDING APPROVAL OF THE FOLLOWING STRUC- TURES, BUILDINGS AND USES AT 1007 AND 1020 NORTH AMERICAN WAY, DODGE ISLAND, AS DESCRIBED IN WARRANTY DEED (2454-77) ,ZONED W-I WATERFRONT INDUSTRIAL, PER ARTICLE IV GENERAL PROVISIONS, SECTION 36(1) OF COMPREHENSIVE ZONING ORDINANCE z' 6871, AS PER PLANS ON FILE: 1. TEMPORARY TRAILER FOR BANK ter iye OFFICES AND DRIVE-IN TELLERS; 2. PERMANENT BANKING AND SNACK BAR FACILITIES WITHIN THE PROPOSED PORT OFFICE BUILDING; 3. i PERMANENT DRIVE-IN TELLER FACILITIES UPON COMPLETION OF THE PROPOSED OFFICE BUILDING. (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) ��2 J U N 2 51981 Ayts: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibsonrt=,_, x Mayor Maurice A. Ferre y NOES: None. 1 Z ABSENT: Commissioner Joe Carollo and Commissioner J. L. Plufter. Mayor Ferre: Thank you for your patience and we apoligize for keeping you here for (how many hours did we keep you hear, judge?) six hours. This is just a little... What was Judge Prunty doing in all of this Mr. Whipple: Judge Prunty represents the bank, sir. Mayor Ferre: What bank? Mr. Whipple: The bank has' been accepted as the bidding party :for the b�itk� ing facility on the port. Mayor Ferre: Oh I see, so he is the lawyer for the bank. Mr. Whipple: Yes, sir. Mayor Ferre: I see. Okay. 66. APPROVE PLANNED AREA DEVELOP11ENT WITH CONDITIONS: 1014-1090 VENETIAN WAY. Mr. Whipple: Mr. Mayor, just very briefly, the Department did recommend denial of this item, the Zoning Board recommended approval. This item came before this body previously under a Planned Area Development, was approved by the Department at that time, the Zoning Board and the Urban Development Review Board. At the time the applicants finished their plans or polished their plans we found there were certain miscalculations involved when it came to the approval of a permit. Because of these differences in numbers the Building Department and the Planning Department concurred that it would have to go back through the process which they have done up to this point. They have the recommendation of the Urban Development Review Board of approval, the Zoning Board approval, our Department is recommending denial on a principle that we do not feel that we should set the precedent of getting acceptance of one item and coming in for a permit of another and that is really the basis of our recommendation. If you have any questions regard- ing the petition it is basically what was before you before with the change of numbers. Rev. Gibson: I have a question. I thought we dealt with this some many many months ago, is that right? Mr. Whipple: Maybe I talk too fast. Yes, sir. We did approve this all the way along before it was accepted and they were ready to permit. When their plans were submitted for permits the Building Department noticed possible changes which might have been a substantial change in the character of the project. Mayor Ferre: That was Dan Paul's.... Mr. Whipple: No, it wasn't Dan Paul's. Mayor Ferre: Yes it was, I remember exactly when it happened. Dan Paul called up, I called up Fosmoen and Fosmoen called up Jerry and then he told me that he had requested you personally to go out there and measure because Dan Paul was saying that they were going to construct above the, wasn't it the setback or some darned thing? Mr. Whipple: Mr. Mayor, the petition before you tonight has nothing to do with any violation or possible violation of the Charter Amendment, none whatsoever. 4ti2 ,JUN 25198) I Myor rafra., It all dame but 6f that though, didn't it cofts out of that Mt► Whipple: When it was recalculated, when they came in for permit, and perhaps I should let counselor allude to this, but when they came in for permit the numbers that were calculated from the construction drawings per a very sketchy and preliminary set of architectural, not even archi- tectural drawings perhaps that was originally approved, there were dif- ferences. We felt those differences were substantial enough to be re- viewed and gone through the process again and that is why these people are before you. Rev. Gibson: Okay, let me ask this. You know, I have some real problems. How did they begin? Under whose authority did they begin? Is that the building I saw on Venetian Way on the right hand side, is that the build- ing? Mr. Plummer: No, Father, that's on the left hand side if you're going east, you're talking about the right hand side. UNIDENTIFIED SPEAKER: It's on the right hand side going to the beach. Rev. Gibson: I said is that the building as you're going.... Okay. Mr. Whipple: Father Gibson, they are under construction but they have a permit to build in accord with what they were originally approved only as far as numbers'go. They are coming before you this evening to gain what they felt was the rest of the approval that they thought they had originally gained. Mr. Plummer: All right, well what are the change in the numbers? Mayor Ferre: 1.62. 1 Mr. Whipple: 1.65, 9 Mayor Ferre: Versus 1.50, that's the difference. Mr. Whipple: 1.37 to 1.65. Rev. Gibson: Well, let me ask this. I don't understand and I want to be educated. I don't understand how you Ok a building permit. i Mr. Whipple: Father Gibson, again, the permit that has been issued as of today meets the standards of a 1.37 per their calculations and our calcu- lations that they received approval of. However, that does not include a the total design concept which they submitted to us originally. They thought, we thought the original design concept was encompassed within the 1.37. We found out when it came to construction drawings that all the original concept did not fit within that 1.37. So now they are seeking relief to cover their concept but to cover their concept they have to have relief from the Floor Area Ratio from 1.37 to 1.65. Their permit today only includes 1.37 Floor Area Ratio. In other words, if you were to deny it tonight, this request, there is basically no change in concept or architecture and perhaps you should be asking, it was miscalculation from Mayor Ferre: Counselor, why don't you make your statement into the record. Mr. Traurig: I think what Mr. Whipple has said is technically correct. My name is Robert H. Traurig, 1401 8rickell Avenue and I represent Venetian Harbour Condominium which is the developer of this condominium at 1014 Venetian Way. It is a 22 story building with 123 units. What Mr. Whipple didn't say is that it was a 123 unit building with 22 stories in the original plans and it is still the identical 123 units with 22 stories. The only difference is in doing the calculations it was discovered that the square footage of the individual apartments was 1 th h d b arger an a een contemplated and that, therefore, there is a higher FAR. But there are no greater im- pacts, no parking requirements, ,actually a very small decline in lot ~AW4 JUN 251981 E� f a$varage and there is a Mih6r increase in open space and 1andsdAb1h§. Ifl addition, there has been a very detailed plan submitted to the Plan- hing Department and the Urban Development Review Board whereby in addi� tion to what they're going to do on this site they are actually going to landscape the County's right-of-way immediately to the west with this kind of - this is Venetian Drive - and with this kind of a plan which will show landscaping and bicycle paths, pedestrian paths and jogging paths and so forth and we think that that is a public benefit which the PAD gives some kind of credit for and some kind of bonus to. Now, the Urban Development Review Board has recommended approval of this and the Zoning Board has recommended approval of it also. And both of those boards have recommended it to you because of the large unit size, be- causc of the exceptional landscape treatment, because of the covered and enclosed parking, etc. I would like you to know that although this error that Mr. Whipple talks about was discovered this spring those plans were initially submitted to the Planning Department and have Susan Grove's signature on it back on September 22, 1980. They approved the site plans as submitted and based upon those plans these developers installed the piling, sold the units, developed the condominium concept, have obtained the financing and have been ready to develop their project. It was only in the late spring of this year that it was discovered that there is this FAR problem and we're back to you to ask you to approve the identical 123 units, 22 stories which you had approved last June. Mr. Plummer: 23 or 22? Mr. Traurig: 22 stories and 123 units. I think it is also important to note that under the Zoning Code we could have 211 units on this property and that that old design had 110 units with those 2 story and 3 story buildings. So we're not asking for a major change in impact to this area, in fact, we are asking for a major improvement in the aesthetics of the area, the only difference is we're creating a tower in an area, incident- ally which is only a few hundred yards from where you just approved in concept the CBD-2 Ordinance that will have an FAR up to 10 or 11. Mr. Plummer: 12. Mr. Traurig: Or 12. So we are just a few yards away, a few hundred yards away and we have another high rise building on the north side of Venetian Causeway, we have Plaza Venetia just on the other side of the bridge and we are really consistent with the basic development pattern in this area. Mr. Plummer: I heard what you're doing for the County property, what are you doing for the City property? Mr. Traurig: Well, the City doesn't own any property there except our building and we're landscaping it very extensively, if you would like tp have the landscape architect discuss that with you, Mr. Plummer, we're happy to do it. I think the important thing is that we haven't added any height, we haven't added any units, we haven't added any parking, we're not creating any different impact on the infrastructure of the City of Miami than existed when you approved the project. Mr. Plummer: Obviously y^ didn't hear my question. I heard what you were going to do.... Mr. Traurig: I think that these developers would be very happy to add 12 trees which it would seem to be the standard for tonight. Mr. Plummer: No, no. Rev. Gibson: I just don't see, well, I may be wrong.... But I don't see where.... So what are you telling me, Mr. Whipple? Are you telling me that we ought to stop this construction? Mr. Whipple: Commissioner, I wish I had a good answer. The point the Department is trying to make is that we don't quite know what is a proper way to handle a situation like this and I'm not sure there is an answer to this situation. However, not withstanding that, we feel that we have to stick to our basic principles, the Department. Okay? And we're saying could it happen theoretically, I'm not going to talk against this appli- cation, but theoretically are we going to �"�� JUN 2 51981 2 ^X� 71 Ftl ( i t Nipple: .,have this continual probleth because we khoW that if they tings BW us, or somebody shows us a bad set of drawithat are not properly defined, or they miscalculate or mislead us, that we're going to come along, and therefore, the Planning Department should always endorse this miseleading or miscalculation. And we're saying, as a principal, the department feels that they have to take a stand and say no to this. Father Gibson: Well, all right, let me ask you this. Why wouldn't the department take this position: from now on I want everything before me?, - Mr. Whipple: Sir, that has already been instituted. It has been instituted by the department, it has been instituted by the Urban Development Review Board, and it has been instituted by the Hearing Office to try to assure that this, hopefully, will not happen again. Father Gibson: I make a motion... Mr. Plummer: Wait, wait...there are members of the public here... Father Gibson: Oh, I'm sorry. Please forgive me. Ms. Lisa I'm Lisa and I live on 941 North Venetian Drive: I came here three weeks ago to leave with the City Manager a note., a petition from all the neighborhood affecting this building. 'There were 21 signatures on it. We explained what is happening to this neighborhood and what we requested is that the architect who ;make the mistake should be summoned in order to declare that he did this mistake in good faith and there is calculated situation there. I thin: this is a very reasonable request we have. Mr. Plummer: So what you're saying is you want the architect to get up, under oath and say that it was an honest mistake? Ms. Lisa: That is correct. I think this is a very honest thing because 1 cannot understand that an architect goes, presents plans and then comes, well, we just miscalculated. Mr. Plummer: Ma'am, are you speaking about and, I'm not being faceteous. Are you speaking about their architect, or ours who approved it? See, that's the problem. Ms. Lisa: We know already that your architect made the mistake. Mr. Plummer: Our architect made an honest mistake, a mistake, honest, and theirs made a mistake because obviously... Ms. Lisa: We do know that too. Mr. Plummer: Well, if you know that, why are you asking us to put someone under oath? Ms. Lisa: I'm telling you wny. Because before we had the first hearing with the Planning Advisory Board, those people were from 4:00 o'clock in the morning and until 6:00 o'clock at night, the whole week, in order to get the foundation in. When we had the Planning Advisory Board Hearing, Mr. Traurig claimed hardship. I think this is a mockery and I believe it should be investigated. Father Gibson: Well, I hear what you're saying an that's why I asked earlier, I find it hard, Theodore Gibson does. I'm not speaking for anybody. I find it hard, the only person or persons I have to rely upon...I don't rely upon you, I rely upon the people we pay. All I know is if you come in and say this is what is, I turn to the staff. I am not a trained architect, I'm not a trained planner. I think that my asking the question earlier on the part of Mr. Whipple, I said, if you find that this kind of thing is existing, why don't you institute a policy. I want everything before me before I give you anything. Then, at that point in time, there's no slip up. Now, I find it hard to penalize fn a day like this especially. Hey, man, you go into the bank to borrow money and those men in that bank don't give a happy hoot. They say I 226 JUN 2 51981 J } 7ir�s %j` fi'uTM}" f M 9 / "iY +i : want 2o% or I wattt, I guess they're going to 2120 22%. okay? Now, I'm not money conscious but I can t really divest money from praying because if I don't get no moneys you watch, I'll get up off my knees, man, and maybe quicker then. I jsut believe that if we goofed this time, we don't have to goof anymore. Mr. Gary: Commissioner Gibson... Ms. Lisa: I do agree with you, but that doesn't help us now. Father Gibson: Well... Mr. Lisa: Can't win them a11, huh? Father Gibson: Okay, let me also address. Madam, I'm in the kind of a business where you put on the atoll. Do you know what that means? Ms. Lisa: I guess so. Father Gibson: Right. I maintain that for all intent and purposes, I think our department admit that they ... well, as a matter of fact, you said both the architects and the people from the City admit there was an error. Cari't we admit, at this point in time, there was an honest error and instruct the department, , instruct the department that maybe we need to develop a policy that we want everything in detail. Mr. Gary: Excuse me, Commissioner Gibson, for the record, I know Commissioner Plummer doesn't like to give staff credit, but our staff did not make an error. The FAR was approved at 1.37, and a permit was requested, the Building Department calculated and found the error and refused to issue the building permit. That's the way I understand it. Am I correct? Mr. Traurig: You're correct, Mr. Gary, as to what happened in the spring of this year. But in September of 1980, those plans were submitted as preliminary to the issuance of the foundation permit, etc., and they were checked and they were stamped with the Planning Department, I mean, it was signed by a Planning Department official. So they had been checked by someone in the Planning Department, not by someone in the Building Department. But I really think that perhaps it might be checked for some other aspect of it, and it was an honest error. And we relied upon those plans having been checked and we had proceeded with the financing and the condo documents, and the foundation work, etc., it reliance upon that. It's just one of these things that have happened. We made a mistake. We will made acknowledge we made a mistake. We think that the City made a mistake also, and we're here now to ask you to approve a slightly increased bulk of the building, but no different impact and that's really what zoning's all about. What are the impacts on the community. Mr. Whipple: Just as a further clarification. The original permit was for foundation only. Attached to that is the site plan which was similar to and had the same numbers of the original plan approved which we later find out were in error. We had nothing to calculate at that point in time, nor does the Building Department at that point in time on a foundation permit, as to the credibility of the structure above. So, there was not an error on the part of the department. They approved it and that, yes, we recognize the fact this had been approved by the City. These numbers match, the exact numbers that were submitted originally. However, it was at a later point in time that we found out that those numbers submitted were not correct and propert, and that's when the issue started. Mr. Traurig: I've got to say one other thing. I think it must be repeated over and over again in these Chambers, and I know I can say it because I deal with this department all that time. Your Planning Department is consciencious and diligent and hardworking, and helpful to the citizenry and I have no quarrel with their involvement in this. 227 JUN 251981 t. xt Fz'?i s.t' N i U n t %a°vt2u.*kixJRu }!'a`' f'E4 k it 5 f l 'fl ivy '1"41S`.+55� lM 2 {.ii—M %v7hhk 5j t F5' � { ` J t 7 1 7� � Y 1 Tthntig (continued): It Sias a mistake, we did fely 06ft the thistake. Vo- ask you to correct it, but we're not critical in any way. Mf. Bill Leaton: Sir, may I make a statement? My name is Bill teaton. I live at 941 North Venetian Drive. I disagree with this man completely. I'm going to tell you why. He came in and he requested, and received the foundation permit. They started leisurely building a foundation over there. About the time that they found out that they had made a mistake, they started working until 12:00 o'lock at night until the neighbors complained. They were in such a rush to get the foundation down so they could blame the City about the mistake, that the worked until midnight. That was stopped. So then they went to the City Manager's Office and got permission to go to work at 4:00 in the morning. They wre pouring concrete, running cranes. Do you know what a bulldozer sounds like? Mr. Plummer: How can the City Manager do that? The law says they can't start until 7. Mr. Gary: That was before me. Mr. Leaton: How he did it, I don't know. But he did it. Now, he did this saying, now look, we get this foundation down, the City is at fault. Not us. We didn't do that. All. we did was pour foundation at 4:00 o'clock in the morning. Now, that's logical, isn't it? We all do that sort of thing. So the neighbors got upset, and once again, they said hey, can'`- wc have any peace here? The bulk of the neighborhood did not object to this building in the beginning. Very few people did. But you must remember, that in the beginning they requested a variance, not a variance a condition ^f use, 1 relieve is the correct term. I'm not a lawyer. So, what they're upgrading now is what they've already upgraded once before. They didn't start out according to zone. They got a variance in that zoning in the very beginning. So, what we did is we came in and requested for little bits, and now we're going to build a little bit more so that way we get considerably more than what we started out with. We talk about a path for bicycles. Do you know how long that path is going to be? It's going to a 280 feet long. I don't know what kind of bicycle path that's going to be. Are there going to be joggers on that path. I don't really know what these guys are talking about. And if they just look to the right as they cross the bridge and see these signs, "No Fishing, No Loitering and No Swimming". Now, does that apply to the joggers and bicycles also? I don't know. But I think it's completely unjust for these people to come in and start pointing a finger at the City of Miami for a mistake, if a mistake was made. I'm not even sure it was. But if a mistake was made, why do they have to blame the City for that? They have more time with the plans, they delivered the City only foundation, they did not delvier the City building plans at that time. This is common procedure of the City and when you tell me that a mistake was made legitimately, and then I start building a foundation at 12:00 o'clock at night, I can't buy it. Mr. Plummer: Well Bill, let me ask you this question. You know, I understand what you say. And if they were pouring concrete and making noise at midnight and 4:00 o'clock in the morning, you know, you have every bitch in the world, and I agree with it. Now, but let's come to the real factor that's before us tonight, and that is the granting of this... the FAR. There are no changes, basically, in the building. Okay? Now, would you have this Commission completely tear down, put in the chaos. You're still talking about 123 units, the same as before. You're still talking about 22 floors, the same as before. The basic bulk of the building...Maurice was talking before on another item 3 miles off snore. You're not going to see the basic difference. Bill, what would you have us do? Mr, Leaton: Well, I think we should enforce the law, for a change. Now, I know that this is tough. But let me tell you something. If I make a box that's too big, and my client can't use it, I have to make hiss another one. And I can't go to the City for help. If you make it too small, you've got a problem. The point is this, can I do this 228 JUN 251981 r 3.3 hj nY RR / s jzT,f f w3�� t £ h �S �eY S'i'�9,s YdZfit Y Y �P jt s, t *� Mr. Leaton (continued): next week again? When are we going to stop jetting these people come in here and say, look, it's hardship. Vve got to have this because it's a hardship. if it was such a hardships 'Why were they working at 4:00 o'clock in the morning when they knew, they knew the problem existed. But they went to work at 4:00 o'clook in the morning to enforce their problem. Father Gibson: But sir, I thought I was trying to prevent not only this but the others. If the department would tighten up its belt, do you follow? And, it might well be not only by way of the blueprint, but maybe they need to be more diligent in the inspection process. I would think that, you know, sometimes...let me ... sometimes a guy could tell me just what I'm being told now. But, I would think that if you give a man enough rope, he'll break his neck, pop his neck. I thought that by doing what I suggested, that maybe this one project may get by, but it would not be, none of the others would be able to do so, based on the measure I'm recommending. Do you follow? Mr. Leaton: Let me finish this and then she can have all she wants. I agree with you in part, but as long as you're dealing with people... now let's suppose we come in with the plans, and this time the City department makes the error, not the architect. Then, you're getting the same problem. Father Gibson: Yeah, but I, I have a different recourse there. Mr. Leaton: You have. but how about the rest of the people that have to go by the book? Father Gibson: Sir, if my City department makes the mistake, and I thought I indicated to you. I don't know how to be any more charitable than that. I hope you wouldn't ask me, but I would hope that you and I, all of us, since you're not getting anymore in numbers than you would have had originally, let us say to the City ... I'm talking about the City staff, all right, from now on, this is how we're going to do this business. I think we can all learn by our mistakes. Now, that's all I... really, that's where I am. I have to say to people daily when they come to me and tell me that they are wrong, or have done wrong, I have to really weigh... do you know one of the first things I say sometimes? You can't believe this of a clergyman. I always say, well, this is this man. What if it were I? I say to you, that if that man is prone to do what I think is implied, let me tell you this. He will do it again. And while maybe it wouldn't help you later on, but it will help all of us. I urge you as good citizens to try to understand. And I plead with you only because I believe that there's always room in the world for mercy, forgiveness, name all that business. And especially that you're going to get 123, is that it? 123 apartments. That's what you were going to get anyway. And in light of that, I offer a motion that...I'm sorry, you were going to say something? Mayor Ferre: Well, go ahead and make your motion and then we'll let her say... 1 Father Gibson: Let me see, how do we do this? Mayor Ferre: The motion on 17 is that it is in concurrence with tr Zoning Board which recommended approval. a4 �w Father Gibson: I offer a motion to... rfarg� Mayor Ferre: Approve. , Father Gibson: Approve what the Zoning Board recommends, Mayor Ferre: Does that do it? Mr. Plummer; Father, does that include the recommendations 9i the, urban Policy Board, which has approved this item? T assume it does, u 229 J U N 251981 ME- fi IWf Mr � taurig 'We have agreed to accept those and all the t`a€fie and ttarwpottation... Mt. Plummer: Okay. And I want to tell you what else... Mayor Ferre: Wait. Is there a second? Mr. Plummer: Yes. There's a second with an amendment. 0ayor Ferre: Go ahead. Mr. Plummer: Gentlemen, I want to tell you something. Do you know why you're really here tonight? Do you know why this item has taken an hour? Because you guys didn't play fair. If I lived at the island, and at 4:00 o'clock in the morning if I heard a cement mixer putsy putsy, I'd be ticked off too. Conditional Use, and it's frivolous, and it's crazy, and it's ridiculous, but obviously it's needed. This conditional use is withdrawn, withdrawn if you start other than what the law allows from 7:00 in the morning to 11:00 at night. Now, I don't know why we should have to impose that as a conditional use because that's the law. And I don't know that a City Manager can waive it. The people in that area have the right to peace and quiet in their neighborhood. And I think you can work very adequately between 7:00 in the morning and 11:00 at night. I hope you wouldn't work until 11:00 at night. But I want to tell you...I don't know which Manager it was. They didn't say which Manager it was. But I think fair is fair. I don't think you would have had half the problems here tonight if it hadn't been that these people were irritated. Mayor Ferre: Okay. At quarter to two in the morning, there is a motion and a second. Arid I'll recognize first the lady and then the other lady. She had the mike first, J. L. Ms. Janet Cooper: I know. But_I just have a point of order for Mr. Plummer. The ordinance has been changed. It's 7:30 to 7:30 now on Mondays through Fridays, and 8:00 to 6:00 on Saturdays and not at all on Sundays. Ms. Lisa: As long as it isn't 4:00 o'clock in the morning. (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Well, look, let me clarify it whatever it is, because obviously Janet's more up on it than I am. That if these developers violate the law pertaining to noise, as far as the hours of operation are concerned, that ... no, I'm not going to do that to you, Bob. Here's what I'm going to do. I'm going to make it that if you do not comply with the law as a conditional use, you have to come back before this Commission and deal with us. Father Gibson: I'll buy that. Mr. Plummer: I still want to know what you're going to approve the City's vacant lot. Before second reading, right? Ms. Lisa: Instead of 6 olive trees. Make it 100. Mr. Plummer: You know, Mr. Traurig will be back again in the future, and I'm sure Mr. Traurig is going to do right by these developers in putting the right amount of black olive trees on that island that need to be. Because if he doesn't... Ms. Lisa: Could we change it to some fruit trees? Mayor Ferre: How many black olive trees did you give this time? Mr. Plummer: She wants mangos. (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) 230 JUN 251981 L 1d' i elite: i ow wmybiaok life trees are you tec6m%0fiding ft t $ a%@ +you volunteering? (INAUDIBLE BACKGROUND COMMENTS PLACED OtTSIDE OF THE PUBLIC P=Oftb) Mt, Traurig: We're going to put all these trees here? Mr. Plummer: Where? Where are you putting them, Mr.,, el Mr. Traurig: Within the City of Miami, Mt. Plummer: Within the City of Miami, Is that on your Pto$ettY Mt. Traurig,: This is the landscape plan for our property. Mr. Plummer: That's beautiful. Mr. Traurig:But it does include, it does include a number of black olive -trees. And there is a full size, .14 feet... (IiiAUDIBLE BACKGROUND CO*DlENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr Traurig: If you feel that the developer should also put some olive trees within'city right -of way, we are happy to do it. Mr. PluaLmer: Well., of course, Bob, you know that I can't ask that of the developer, he's got to volunteer it. Mr.'firaurig: I'm sure that we're ... we're volunterring. I am volunteering on behalf of the developer. Mr." Plummeyr: All right. Because you're going to be back in the future and I'm going to be remembering what kind of mangos you put up over there. Ms. Lisa: Commmissioner Plummer, may I call you at 4:00 o'clock: in the morning instead of the police? Mr. Plummer: You might as well, ma'am. You might as well because I'll be here. Call me here. Ms: Lisa: No, they are not working today. Just in case. Mayor Fer.re: All right, call the roll. The following resolution was introduced by Commissioner Gibson,'who moved its adoption: RESOLUTION NO. 81-583 A RESOLUTION CONTDTTIONALLY APPROVING A REQUEST FOR A r PLANNED AREA DEVELOPMENT (PAD) ON TRACT "A" VENETIAN ' ' HASBOUR SUB (117-10), BEING APPROXIMATELY 1014-1090 Vk:NETIrl." WAY, AS PER PLANS ON FILE, SAID PAD TO CONSIST OF ONE HUNDRED AND 'TWENTY THREE (123) P t A Y f RESIDENTIAL UAITS; ZONED R-4 (MEDILTI DENSITY MULTIPLE) Ra ass `ix r '$(Here follows body of resolution, omitted here and on file " in the Off ice of the City Clerk), �€ Upon being seconded by Commissioner Plummer, the resolution was essed and adopted b the following vote: P Y g t (CONTINUFD ON NEXT PAGE) y it f ti*p�t�y 1 I I Jt it r� `4ac i�;Xt dtgl Yt �..l��.p r tx k� '� �')�t:�4+ 9 4 5it� �t1 � lrk�Ea r ) 9 y�iJ3 ;}say �ro 6� d s'y. ,,.?-t .?4 ku'k a Fri i0", 4 , §i-r 231 JUN 251981 �i 1�x tir �r i r i i J s gPUI r {��y�`i`•A��i�'-J PJ� � _ i }�rarx+J Pi 'i e'�yY r, y,�u t. .It# t►fiissioner 3. L, Plumine� C6rminissionet Armando Lacasas'; Y or ( ) Theodore R. Gib y� Mayo Maurice A. Ferre erre y�l �7£�FEtp'�6,P7 �L^�U. `L'I N�St None ABSFNT: Coni.s<;ioner .Ioe Carollo 67. GRAN cO;;D i.TI0*,;AL tiSL FOR 4-DRIVE Ito TELLERS 10-44 S.W. 14TH STREET ZO!q D R-CB Mayor Ferre': ��1lstufftah We re nonow oSoitem number 18. a whole bunch,of We still have Mr. Plum-ner: 1-Eat me bring up a point that's very... Mayor Ferre: Not unless it's item 18. Mr. Plur:mer: It pert.aills not directly, but indirectly. Mayor Ferre: Plunli.er, it's 2:00 o'clock. Mr. Plummer: I just want ... let me tell you whats happened. Mr. Mayor, I want a rep^:-t ba:.k from the City Manager. I know of a case existing before the Citv: zighr now in which an applicant went before the Enviornmental Review Board. He was asked a En ifineenlalldo Review Board to make a change to his developm • t. He did not realize: when he agreed to make that change, that gthahrough the prompted a variance. And that man is now having pay Enviornmental with the process oz geLLing a variance to comply in my estimation, Review Board. And I want to tell you something, will that's wrong. I hope the Manager understands what I'm saying, look into it, and at any time that we force a developer to makechange for which prompts a variance that he doesn't have to pay process. Okay? The same thing has basically happened here, as I read it. e on Mr. Whipple: No, sir. You're infereragetthatttheeCity didwas a inotkmake ahe part of the City and I tried to reit mistake in this instance, sir. Mayor Ferre: We are now on item 18. Mr. Whipple: We recommend approval of this item in accord with the plans on file. I've passed the plan up to Commissioner Plummer. This iseis for a drive-in facility. The applicants, per our request, did modificveral ations before they went to public hearing before the Zoning Board, which also recommended approval of this item. Dade County Department of Traffic and Transportation... Father Gibson: Move. Mayor Ferre: Mr. Whipple: Gibson moves. ...also agrees with it. Gibson moves 18. Lacasa seconds. All right, rumwr. Under discussion. How much stacking is off of South How many cars can they stack off the street? 232 J U N 2 519 81 fLt �fflry 4. h i 1Y 5 it. RiP . r: t(��i�� x y ,i 5 f k k' Sd 6Ff A u Yh ,✓'`� �t k ."5",`n is� - �' 1 s �y<;'yunh 9`i � f � � ;t� it t�i �✓�,'��,� " r � '� Mr. Jeff tefkout: Sit, thy name is Jeff Betkout, Mt. Plummer: Mr. Whipple? Mr. Whipple: Per memory, sir, approximately 18 ears. There ate 3 lanes coming in from 14th Street around in this direction. Originally, they had 2 lanes. We requested 3 lanes. As you can see, 20 feet per car would give you 5 or 6 cars per lane, so that's actually 24 cars. I'tn sorry, sir. Mr. Plummer: How many drive-in teller? Mr. Whipple: 3 with a possible 4th expansion. Mr. Plummer: Mr. Mayor, and to the maker of the motion, I would like a one year review. This is a conditional use. Mayor Ferre: Wait. There's a motion already on 18. What you're asking is for the maker of the motion to accept an amendment that there would be a 1 year review. Is that acceptable. Mayor Ferre: Is that acceptable to the maker and the seconder? Further discussion? Any objections? Call the roll on 18 as amended. Mr. Jer Berkout: Sir, I represent the applicant, Southeast Mortgage and Southeast Properties. Mayor Ferre: My don't you tell us your name. Mr. Berkout: My name is Jeff Berkout, 100 South Biscayne Boulevard. I'd like to correct a few representations that have been made. The stacking space is approximately for 39 cars. Mayor Ferre: Are you opposed to the motion of approval? Are you objecting to it. Mr. Berkout: We are for approval, but we are against review after one year. That's the motion. Mayor Ferre: Well, I want to tell you that in my opinion, if I can count right, you don't have enough votes to pass it other then the review. Mr. Berkout: What does the review consist of? Mr. Plummer: The review consist of, sir, that at the end of one year that this Commission is satisfied that you have provided enough off-street parking, that you traffic at the drive in tellers are not backed out on the street cluttering the streets. Mr. Berkout: That's fine. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-584 A RESOLUTION TO RATIFY CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE XI-2 SECTION 1(7)(e) TO PERMIT 4 (FOUR) DRIVE-IN TELLERS ON LOTS 1, 2, 3, 4, 5,6, 9, 10, 13, AND E50' OF LOTS 11 AND 12; BLOCK 96S; MIAMI (B-41) BEING APPROXIMATELY 10-44 S.W. 14TH STREET; APPROXIMATELY 1429 S.W. 1st AVENUE; AND APPROXIMATELY 37 S.W. 14TH TERRACE AS PER SITE PLANS ON }1 FILE•• ZONED R-CB (RESIDENTIAL OFFICE)(1FOOT NOTE 1 SUBJECT TO REVIEW IN ONE YEAR) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). (CONTINUED ON NEXT PAGE) 233 1 u N 2 5 19 81 4 Sja ! P;>r t �" e #'� C �' i y # ". " �? `,y C' " I'""p' t t aye F -- Z 5 ,�*3!"",4�,t...9� !* G tC `'�$.i3 �i7 j5 't11f� s} '-e'r.�j ,a' •! ' 1 # x.:�te z k' A` s' z > t c�u }; i, .%`j�� r �� ,r.uy"4�w3#k'"tH'kC'{e LIB„ k ^i� y En Yti e2;,, t§ 'a t t i'� t� Z `..r lssr, �`a�s*�'Yt�' vs ,-r t`I I 1 t s �'y yi, ✓� .s �" 5 Ti 1 t U, ��4 IYO a j bp1 b bding seconded by Gofti►iissionet Lataaaj tha i h� li lih 3 i vabged and adopted by the following vote: t AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferro q ! " i� Mots: None ABSENT: Commissioner Joe Carollo 68. DEFER CONSIDE-v%TIOw OF EXTEYSION OF COrTDITIONAL USE: DRIVE I:N 'iFI LE:RS AT N.E. 13 STREET AED 21,1D COURT Father Gibson: Father Gibson moves 19. Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa. Further discussion? Mr. Plummer: Under 19, this, of course, will be subject to this Commission approving, approving. Right? Father Gibson: Yeah. Mr. Plummer: No, no, no. The difference, Father is, see, you're giving an extension, and giving the an extension would grandfather them in under the old, and this Commission would not have any control to have a one year review. Now, that's what bothers me. Mr. Whipple: That is what ... what you're saying is correct, Commissioner, but let the record also reflect, they have been approved prior to the law. Mr. Plummer: Under the old law. Mr. Whipple: That's correct, sir. Mr. Plummer: Okay. I understand that. But Dick, tell me what this Commission can do to make this Commission aware and to apply the one year review so that we can make certain that we don't have all these traffic tie ups that are occurring everywhere. Mr. Whipple: I'd have to defer to the Law Department. If it's legal, to attach a condition to... Mr. Plummer: I'll move 19(b) be deferred. Mr. Whipple: ...if the Law Department feels it's proper to attach a condition to this extension, then that's the way to do it. Mr. Plummer: No,let me tell you how to do it, okay? We defer this item tonight. You notify them that this Commission wants to see a plan before we grant the extension and without a plan, we will not grant the extension and they're automatically covered under the new law. Mr. Whipple: Sir, we have the plans in the file if you'd like to view them. Mr. Plummer: Okay, fine. But I also want to be able to ... no, I want to defer it tonight. It isn't going to do any harm. 234 JUN 251981 y5 >k4lz 'y^itSN+K,L�'y'ey�U4 ptft5 ir"1�CF15 S1a 2eiFi 4_ ti 3i ,.�'..,t°?j�(i�m°G"Y�" . Mr. Whipple: Comtinisaioner, i'we told you before, 1 Feel this is unfait to an applicant who in all due respect, has complied with the lasws of this City. Mr. Plummer: Fine. I understand what you said. I disagree with you. Okay? Now, all I'm saying to you is I am trying to alleviate in this town a bad situation. Okay? I move that it be deferred. 19 be deferred. Mayor Ferre: All right, there's a motion that item 19 be deferred until the next meeting? Mr. Plummer: Yes Mayor Ferre: Gibson seconds. Further discussion? Call the roll on 19. 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 City Commission meeting, BY THE FOLLOWING VOTE: AYES: �i�4'�1LT S i'l� *fit tl 3 NOES: ABSENT: 8 Commissioner Joe Carollo 69. ACCEPT PLAT: LITTLE HAVANA FIRST ADDITION Mayor Ferre: We're on 20 now which is accepting a plat for the Little Havana First Addition. Any objections to that? Who moves it? Mr. Plummer: Any objections? I move item 20. Mayor Ferre: Plummer moves 20, Gibson seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer who moved its adoption: st uy � r41S r �1 RESOLUTION NO. 81-585 A RESOLUTION ACCPETING THE PLAT ENTITLED LITTLE HAVANA FIRST ADDITION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE 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). (CONTINUED ON NEXT PAGE) 235 J U N 2 519 81 c �tt tr k Y v tat `'u h'-lkr`i '3✓"``1' 1x1. 1 r u !-^�c -# s i if F atx 619 ��, 'r, �Jt F �ixs➢ i t i t t � tx" 1 y E -� �y ,�� s� j 1 , ,r d 1 ��$1 ;j1 tfi .4 Aase Uponbeing seconded by Cbmmissiofiet Gibs6h, the fe§61utiot Was ing vote! AYES: Commissioner J. L. Plummer, Jr, Commissioner Armando Lacasa Mayor. Maurice A. Ferre iVbS: None 7 C n J r k I,x sk, t o C i ASPNT. Commssioner Joe arole ' to Vice -Mayor (Rev.) Theodore R. Gibsot, 70. ACCEPT PLAT: T,RTCKTELL KEY ON CLAUGHTON ISLAND Mayor Ferre: Tyke up 21. I imagine... is that what you're waiting for Janet, or shouldn't I wake you up? (INAUDIBLE BACKGROUND COM!kIENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Lacasa: Let me ask y^,i this, Janet. Do you think that in this question of the plat I also might have conflict of interest? Mayor Ferre: Yes. Mr. Lacasa: Is Brickell Key on Claughton? Mayor Ferre: All right, is there a motion on item 217 Mr. Plummer: Is there any drive in tellers? Mr. Whipple: No, sir, not yet. 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. 81-586 A RESOLUTION ACCEPTING THE PLAT ENTITLED "BRICKELL KFV ON CLAUGHTON ISLAND SECTION TWO', A SUBDIVISION nth IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AA'D AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND TO PROVIDE FOR THE RECORDATION OF SAID PLAT ah yt IN THE PUBLIC RECORDS OF DADE COUNTY (Here follows body of resolution, omitted here and on file x in the Office of the City Clerk). {yl'nj, 236 JUN 2 51981 fi aY s 6 7 d r Y 95 Comissioner J. t. Plumer, Jrs Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES,. None ABSENT: xis' sa ��, Commissioner Joe Carolloz s��q�"IeB Vice -Mayor (Rev.) Theodore R. City t fr r�""�� # �"_Q kw s. THEREUPON, the Chair ADJOURNED THE PLANNING AND ZONING PORTION OF THE AGENDA, AND PROCEEDED TO TAKE UP ITEMS BELONGING TO THE REGULAR PORTION OF THE AGENDA. 71. A:RA;'GE FOR SPECIAL MEETI;:G Mayor Ferre: All right. Gentlemen. Mr. Plummer: This was Father's item. Mayor Ferre: Father Gibson moves. Mr. Lacasa: Second. Mayor Ferre: Resolution instructing the City Manager to call a meeting. Mr. Plummer: Call the roll. Mayor Ferre: And Lacasa seconds. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-587 A MOTION DIRECTING THE CITY MANAGER TO PUBLISH A NOTICE FOR A PUBLIC HEARING TO BE HELD AT THE at FIRST CITY COMMISSION MEETING OF JULY 9, 1981, TO DISCUSS POSSIBLE BANNING OF PUBLIC FISHING , ALONG THE SEAWALL FROM S.E. 14TH STREET TO S.E. 15TH ROAD 1'j x; 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"ar NOES: None s , ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 237 JUN 2 51981 6Ltd14tNC4 A0U CALL Mayor Ferre: Father Gibson also noted fot it as he walked out, He just walked out. No, seriously Father Gibson is not hereo so obviously he cannot vote for it and it passes 3--0. 72. APPOI,y r .IosE I. Uis ROBLES TO THE ADVISORY COUNCIL O14 ECONOMIC DE t r I,OP; iE.:'i Mr. Lacasa: There is a vacancy in the —there are 3 vacancies, actually, in the board ir, thy, City of Miami Advisory Council and Economic Development. So I am proposing for one of those vacancies the name of Jose Luis Robles as a member of the board. Mr. Plummer: I don't accept it. Mayor Ferre: All right, now. He is a member of the Nicaragua Junta Right? Mr. Lacasa: No. (LAUGHTER) Mayor Ferrer Moved by Lacasa seconded by Plummer. further discussion on that appointment? Call the roll, please. The following, notion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-588 A MOTION APPOINTING JOSE LUIS ROBLES TO THE ADVISORY t COUNCIL ON ECONOMIC DEVELOPMENT s, Upon being seconded by Commissioner Plummer, the motion was passed U;°1�:anadopted by the following vote: IT: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre None Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 73. FIRST R AllING ORDINANCE: IIICREASE APPROPRIATION IN ENTERPRISE FUND, ORAvGE BOWL STADIUM 2% RESORT TAX FOR SECURITY FENCING Ai'D GATES AROUND O"I NGE BOWL PARKING LOTS Mayor Ferre: Mr. Manager, I'm afraid on your ordinances you can only do them on the first reading. Mr. Gary: That would be okay. Yeah, you aren't kidding. Can I get the first reading then? Mayor Ferre: Either that or you can grab Fgthar Gibson who is getting to his car just about now, 238 JUN 2 51981 tic Pytw:.r. Mayor Ferre: On first reading, Plummer moves) Lacasa seconds. Mr. Plummer: That's the fence. Mayor Perre: Yes. You said you wre okay on it. 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 NO. 9199, ADOPTED NOBEMBER 6, 1980, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS AMENDED, BY INCREASING THE APPROPRIATION IN THE ENTERPRISE FUNDS, ORANGE BOWL STADIUM TWO PERCENT (2%) RESORT TAX BY AN AMOUNT OF $175,000 TO INSTALL SECURITY Fa€t FENCING AND GATES IN THE ORANGE BOWL PARKING LOTS AND AROUND THE PERIMETER OF THE ORANGE BOWL PRIOR TO THE 1981 FOOTBALL SEASON; CONTAINING PNI A REPEALER PROVISION AND A SEVERABILITY CLAUSE 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 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. 74. FIRST READING ORDINANCE-: APIEXD ORDINANCE- 8835 "POLICE SECOND DOLLAR TRAIT;ING" Mr. Gary: Number 3, Police. Mr. Plummer: Move it. 239 JUN 2 51981 All sigh 6h first tdaditig, itak Harbor t. Moved Acid seconded. Redd the 6tdifidnd& (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE 'MUM RECORD) AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8835, ADOPTED JULY 27, 19780 WHICH ESTABLISHED A TRUST AN"D AGENCY FUND ENTITLED: "POLICE SECOND DOLLAR TRAINING"; BY INCREASING THE APPROPRIATION FOR SAID FUND IN THE AMOUNT OF $38,556, FROM REVENUIE RECEIVED FROM DADE COUNTY J FOR FISCAL YEAR 1979-80 PURSUANT TO FLORIDA STATUTES, CRAFTER 943.25(5) FOR THE PURPOSE S ik b a OF PROVIDING LAW ENFORCF11ENT TRAINING AND T4 / EDUCATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Plummer and seconded by Commissioner Ladasa and passed on its first reading by title by the following vote: 75. FIRST R: A)l1;G ORDINANCE: ESTABLISH A '7EW TRUST AND AGENCY Fl;:�D "1.931 YOUTH CONSERVATIOii CORPS PROGRA:i" Mayor Ferre: Take up item 4. Have we done 4? Mr. Gary: No, we need 4. Mayo- Ferre: Plummer moves, Lacasa seconds on first reading. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. { it (CONTINUED ON NEXT PAGE) t 41 r MA ��I� � a'r�•.�s . Nil JUN 251981 US i R5f sty S 4 Ir Z rt �I' bNAM 'ENTITLED � AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE ` NO. 8719 ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND Y , ENTITLED: 111981 YOUTH CONSERVATION CORPS •,. PROGRAM," AND APPROPRIATING FUNDS FOR THE PURPOSE OF SAME IN THE AMOUNT OF $29,665; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: tit ; AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None A13SENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 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. 76. ACCEPT BID: CLEANING ORANGE BOWL STADIL;i, MIAMI MARINE STADIUM, AND MIAMI BASEBALL STADIUti Mayor Ferre: Plummer, do you have problems with 5? Mr. Plummer: No. Mayor Ferre: Plummer moves, Lacasa seconds. Further discussion? Call the roll on item 5. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-589 A RESOLUTION ACCEPTING THE BID RECEIVED FROM PROPERTY MANAGEPL6NT AND MAINTENANCE, INC. FOR: (A) CLEANING THE ORANGE BOWL STADIUM, MIAMI MARINE STADIUM, AND MIAMI BASEBALL STADIUM AFTER EVENTS HELD AT THESE FACILITIES, AT A COST TO BE DETERMINED BY THE SIZE OF THE CROWD; AND (B) PERIODIC CLEANING AND/OR GENERAL HOUSEKEEPING OF THE STADIUM(S), AT HOURLY RATES WHEN SUFFICIENT CITY FORCES ARE NOT AVAILABLE FOR SUCH CLEANING; WITH ALL CLEANING RATES BEING SET FORTH IN THE ATTACHED TABULATION; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID FIRM IN SUBSTANTIALLY THE FORM ATTACHED HERETO; USING MONEY FROM DEPARTMENT OF STADIUMS AND MARINAS BUDGETED FUNDS FOR SAID CLEANING SERVICES (Here follows body of resolution, omitted here and on Me in the Office of the City Clerk). 241 (CONTINUED ON NEXT PAGE) JUN 251981 #�- G:'i t 3r 3 t » r"ai#rYt 'dltx-, , k Gk�"��I5�3.}Y1� I 111RIA y h ,U, l.�o�� tt� i`81it38f►'W1t1 on being seconded by Cot�issiotiet aft d adopted by the following vote: Commissioner J. L. Plutimer, jtt Commissioner Armando Lacasa Mayor Maurice A. Ferre None Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 77. CONTINUE FLNDIOG NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPME14T CONFERENCE; FOR 1 ADDITIOIEAL MONTH Mayor Ferre: How about 6, Plummer? Mr. Gary: No. I'm going to wait. We've got a legal problem with that so I need to bring that back. Mayor Ferre: you re going to withdraw it. Mr. Gary: Yes, sir. Mayor Ferre: The manager withdraws... Mr. Plummer: Wait a minute. Jackie Bell was here earlier and she"'s got to have money for payroll because the State money doesn't start until the 1st of July. How much is it? Mayor Ferre: That's got nothing to do with 6. Mayor Plummer:Well, it's Overtown Shopping Center and she's involved in that. Mayor Ferre: No, she isn't. ,x r Mr. Gary: This doesn't deal with here money. Mr. Plummer: How much money do they need? �r Mr. Gary: Why don't you just allow us to continue it at a rate 21 4 carry here to July 1st. ' Mr. Plummer: Fine. So move. zE: that the New Wa&htl�tvA Mayor Ferre: Plummer moves, Lacasa seconds Heights ... what is it called? Board? Mr. Gary: New Washington Heights... Mayor Ferre: Economic, be continued on a monthly basis, as it has in discussion? the past, for l more month, until the month of July. Further Call the roll. 78. CONFIRM ASSESSMENT ROLL: EAST BRADDOCK SANITARY SEWER IMPROVEMENT DISTRICT SR-5410-C Mr. Gary: There's 44, 45, 46, 47. No, I'm just asking ... wait, Mr. Mayor, what do you want to do with that? Mayor Ferre: Is there anybody here who wishes to discuss item 44 or wishes to protest it? Otherwise, Commissioner Plummer moves item 44. Lacasa seconds. Further discussion on 44? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-591 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF EAST BRADDOCK SANITARY SEWER�=. s IMPROVEMENT IN EAST BRADDOCK SANITARY SEWER t IMPROVEMENT DISTRICT SR-5410-C (CENTERLINE SEWER) AND REMOVING ALL PENLLNG LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED T9 (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: AXES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre J NOES; None y Ix AB SENT; Joe Carollo x4ftS Vice -Mayor (Re-v.) Theodore R. Gibson RN 243 JUN 251981 79. coluiRl! ASSESSMENT ROLL: DISTRICT WEST HIGHWAY IMPROVEMENT H-43 Mayor Ferre: Any objections to 45? Plummer moves item 45, Lacasa seconds. Further discussion? Call the roll on 45. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-592 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION vTruWAV TMPRnVEMENT IN BISCAYNE WEST NOES: None ABSENT: Commissioner Joe Carollo Vice-"iayor (Rev.) Theodore R. Gibson 60. AUTHORIZE SEALED BIDS: CONSTRUCSANITARYTSEWER ION FI U?ROVE1 EET DISTRICT CITY WID-WEST 57 `'EtiL'E SR-5469-C Mayor Ferre: Take up item 46. Plummer, are you okay on that? Mr. Plummer: Yes. - Mayor Ferre: Plummer moves. Lacasa seconds. :'-'ether discussion? - Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-593 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-336 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED AIDS FOR THE CONSTRUCTION OF CITY WIDE -WEST 57 AVENUE - SANITARY SEk'ER IMPROVEMENT IN CITY WIDE -- WEST 57 - AVENUE SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-C (CENTERLINE SEWER) (Here follows body of resolution, omitted here And on file in the office of the City Clerk). (CONTINUED ON NEXT PAGE) f rtr - 244 JUN 2 51981 vN, Up6ji ft being seconded by Coftigsiotdt t6da§d Ntl,P ;babtd 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 I - 0 R t, C.'r I 0.� lei' c I -n, A t , 1,; i 0 !� I *." I Rt'S01J'1'10N) SR-5!469-S Mayor Ferre: 47? Mr. Plummer: Move it. Assuming, Mr. Mayor, for the record, that no one has appeared to speak on items 44, 45, 46, or 47. Let the record so reveal that no one came forth. There's no one left but... Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummet, who moved its adoption: RESOLUTION NO. 81-594 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 91-337 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF CITY WIDE - WEST 57 AVENUE SANITARY SEWER IMPROVEMENT IN CITY WIDE WEST 57 AVENUE SANITARY SEWER IMPROVEMENT DISTRICT SR-5469-S (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: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre ... .. ..... NOES; None gP ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R . Cibrion V 1'AON, 0'17 W J5 "T!" J N _vv p 6 245 JUN 2 51981 'lo AILN a",r1 ON 4i 82. ACCEPT PROPOSED ECONOMIC ADJUSTMENT PLAN PREPARED BY JA,';GS ASSOCIATES Mr. Gary: Mr. Mayor, just one other item and... Mr. Plummer: Is it going to take 10 minutes? Mr. Gary: No, it won't. Mr. Plummer: I don't want it. Mr. Gary: As a matter of fact, 2 items. NS6 and N810. NS6 really permits us to accept... excuse me just a second. Permits us to accept the Janus Plan and submit that proposal to the Federal government to try to seek $5,000,000 in Title IX funding. Mayor Ferre: Nobody can object to that. Mr. Plummer: Well, Mr. Mayor... Mayor Ferre: You don't have a chance in... Mr. Plummer: Okay. But let me tell you something. I think there are some people. People made aware to my office, okay, that they have some problems with these out of towners coming in here and telling them what to do. Mayor Ferre: You always have that complaint, J. L. Mr. Plummer: You know, when I read over the contract, or the proposal, for example, streak of genius, we get it. Who is going to administer it? Mr. Plummer: Okay, All right. If that's the case, I can live with that. Mr. Reid: Well, the Janus representative is here. I think there has been a lot of concern, particularly about City Venture coming to town. Mr. Plummer: Well, Father Gibson is the one that makes the statement, all the smart people aren't up North. Mr. Gary: Can I get your approval? We have not decided on a contractor. It's not guaranteed to anybody. Mr. Plummer; All you want is approval to... Mr. Gary: Apply. sit i 1 Mr. Plummer: ...apply for the grant. E t�rfru; a, Mr. Gary: Yes, sir. 246 JUN 251981 �, � oy SLJI N i1 E lP �S'{'f5iJ�1 i. K IfM, r N$ybf Petfe: Plufitmet woes; Ladasa seconds. You can't ge wtoftg i ith lkt� Call the toll. The following resolution was introduced by Commissioner Plumbed who thoved its adoption: RESOLUTION NO. 81-595 A RESOLUTION APPROVING THR ATTACHED S001ARY OF THE PROPOSED ECONOMIC ADJUSTMENT PLAN PREPARED BY JAI ASSOCIATES ASSOCIATES AND ENDORSING THE APPLICATION AND ITS " SUBMISSION FOR TITLE IX FUNDS TO CARRY OUT SAID PLAN Here follows body of resolution, omitted here and on file in the Office of the City Clerk). r Upon being seconded by Commissioner Lacasa, the resolution was,' pissed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre a NOES: None ." ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 83. FIRST READING ORDIN.AECE: OVERHIRIAG 50 POLICE OFFICERS Mayor Ferre: Mr. Manager, NS-4, we didn't do that, did we? Mr. Clark: Not yet. Mr. Gary: No, sir. Mayor Ferre: On NS-4, I want to ask is Special Programs and Accounts, is that for the Police Department? Mr. Gary: No. Within Special Programs and Accounts, there is a Public Safety fund. You know, Special Programs and Accounts includes festivals, you know... Mayor Ferre: Well, it's $9,000,000 worth, so it has to be more than festivals. Mr. Gary: Yes. No, I was just giving you an example. Mr. Mayor, what this does is the City Commission passed a resolution stating that as of September 30th, we had to have 814 police officers. In order for us to do that, we have to overhire so that we will insure that we have 814 police officers... Mr. Plummer: We were aware of that. I move NS-4, Mr, Lacasa: Seconds. i r�e ip it if d 7 l iV UKr.A) IIN V FUND, POLT $197,670 P i THE GENERA Ev t PUBLIC SAT r THE PURPOSE OF OVERHIRING 50 POLICE OFFICERS Was introduced by Commissioner Plummer and seconded by Commissionet ' Lacasa and passed on its first reading by title by the following "votes 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. 04. REQUEST GOVERNOR ROBERT D. GRAHAM TO VETO SEIIATE BILL 895 114CREASING CITY LIABILITY, SELF INSURED RESERVE, ETC. Mayor Ferre: Call the roll. Plummer moves. Lacasa seconds NS--10. Further discussion? ZTJ JUN 251981 RESOLUTION NO, 81-596 A RESOLUTION REQUESTING GOVERNOR ROBBESENATECBILL WHICH 0 VETO THE COMMITTEE SUBSTITUTE FO INCREASES THE CITY'S LIABILITY FORM $50,000 TO $100,000 ay FOR ANY CLAIM ORJIDTO CIDENT OR OCCURRE011 NNEO00 WHICH INCREASE $200,000 FOR EACH p` t WOULD REQUIRE THE CITY OF MIA"'fI TO INCREASE 000 RESULTING IN RESERVE BY APPROXIMATELY $2CITY OF MIAMI ,000, i EP, NU IN THE REDUCTION R DIRECTINGFTHEMCITYOCLERK TO FORWARD i" EMPLOYEES; Fl RTHE 'F COPIES OF THE HEREIN RESOLUTION TO CERTAIN INDIVIDUALS of resolution, omitted here and on file., r (Here follows body ' in the Office of the City Clerk) . nnPr Lacasa, the resolution was ABSENT: CO�lle(rev.) CTheodore R. Gibson Vice -Mayor 35. SCIIEDULE TO BE FOLLO,,ED REGARDI;:G CABLE T.V. PUBLIC HEARI::GS t's setting up the public Y� Mr. Gar And you've got to do number 9. Tha hearing for cable t.v. Mayor Ferre: What's that, NS-9? Mr. Gary: Yes, setting up the new public hearing date. Mayor Ferre: NS-9 sets up the following public hearing dates. Mr. Plummer: You re hard pressed for that buddy, because I'm voting : against it. uly 7th for a public hearing. Mayor Ferre: J I told you before, you guys goofed. I can't snake that Mr. Plummer: y something I can't attend. tomorrow. Don't ask me to vote on Mayor Ferre: That's got nothing to do with tomorrow. Mayor Ferre: Tomorrow is just 'a presentation whichYou can doesn't meeanpeanyth anything, frankly. tle'. jest turning over a rep what's the other, what date? You'll be here July 7th, right. And July... 'fhe 14th. Plummer, do you want to move it? Mr, plummer; Go ahead. Mayor Ferre. Plummer moves. Lacasa seconds item NS-9. 249 can the Tolls SUN 251981 "1 t up F4; sm F �s t J{i r Wj r. J'. i t t5 �f'Y3u s� i �Yij `ilia hlio i�tg resolution was ihttoduoed by Ce issionet plubbet, wh(5 ltrii$ it A adoptions RESOLUTION No. 81-597 A RESOLUTION CONCERNING THE TIME SCHEDULE TO BE FOLLOWED IN EVALUATION OF PROPOSALS SUBMITTED BY THOSE CABLE TELEVISION COMPANIES SEEKING TO PROVIDE CABLE COMMUNICATION SERVICES FOR THE CITY OF MIAMI BY PROVIDING FOR A CHANGE IN THE DATE OF THE SCHEDULED PUBLIC HEARING 4f BEFORE THE CITY COMMISSION FROM JULY 7,1981 TO JUNE 26, 1981, AT 1:00 P.M. FOR THE PURPOSE OF HAVING TELECOMMUNICATIONS MANAGEMENT CORP. (TMC) BRIEF THE x '7 CITY COMMISSION ON THE RESULTS OF THE EVALUATION PROCESS CONDUCTED BY TMC; FURTHER PROVIDING FOR A CHANGE IN THE DATE OF THE SCHEDULED PUBLIC HEARING BEFORE THE CITY COMMISSION FROM JULY 14, 1981 TO JULY 7, 1981 AT 4:00 P.M. j1= 1 FOR THE PRUPOSL' OF HEARING PRESENTATIONS BY APPLICANTS l�<rfi* WHO HAVE SUBtiiITTI:D PROPOSALS SEEKING TO PROVIDE CABLE COMMUNICATION SERVICES FOR THE CITY OF MIAMI AND FOR THE ,,._i.,......... PURPOSE OF RECEIVING COMMENT UPON SAID PROPOSALS BY Ag a3 MEMBERS OF THE PUBLIC yyss, tk}7}7A" y t ! (Here follows body of resolution, omitted here and on file ABSENT: Commissioner Joe uaroilo Vice -Mayor (Rev.) Theodore R. Gibson 36. DISCUSSION ITEti: CITY ?•iA21AGER' S APPOINTMENT OF JACK ALFOJSO AS LIAISON BETWEE11 THE LATIN COMMTNITY Mr. Lacasa: I want to get into another item because Howard Gary gets out of here. And that is the question of the new deputy city manager, the new creation. Mr. Manager, you appointed this week a Latin liaison of the City Manager with the Latin community. Mr. Gary: Yes, sir. Mr. Lacasa: And I would like to know what is the reason. I would like to know what the responsibilities are, the scope of his authority... Mayor Ferre: Are you going to do the same with other communities? Mr. Lacasa: Yes, sir. Is this also going to be done for the Anglos, is it going to be done for the blacks, is it going to be done for the Irish, for the Greeks, the Haitians. Mayor Ferre: No, I think it's a serious question and I think we should get it on the record. 250 JUN 2 51981 taty: In response to your question, Commissioner Lacasa, the&. and of my concerns is that my office in particular, has contact with the Latin community in terms of expressing some of the policies and plans of the City administration, as well as obtain feedback from the community in terms of the problems as they see them, so that we can become better administrators. I envision that Mr. Alfonso will do the same things that 1 have Ricky Thomas doing in the black community in being a liaison with the black civic organizations, identifying problems, addressing problems, responding to problems. Mr. Lacasa: I take it, well, in the case of Ricky Thomas, you know, there is something funny here because Ricky Thomas makes about $27,000 per year, and the Latin liaison makes $1.00 per year, so we should take it from there that this is quite a difference in salary. But in the case of the Latins, what is the, you know, this is interesting to see that we have 60% of the City Commission of Latin extraction. Actually, we have 3 out of 5, and still it doens't seem that we are doing our job well in communicating to the City Manager the needs and aspirations, and goals and concerns of the Latin community, and by the same token that we are not actually communicating well with the Latin community since we are not able to give the Latin community an appropriate picture, os you found it necessary to appoint this liaison. But, besides that, what is the scope of his authority, what kind of responsibilities will he have because there is some misconceptions in this Latin community of ours, and they are now beginning to think that the new appointee has certain administrative responsibilities that has jurisdiction over all of the departments of the City of Miami as a sort of supervisor, overseer, and we... Mr. Gary: Commissioner Lacasa, this individual has no administrative authority over any department. For the record. Mr. Lacasa: None whatsoever. Mr. Gary: None whatsoever, sir. Mr. Lacasa: So actually, what is exactly his function. How would you depict his function? Mr. Gary: Well, I would assume, Commissioner Lacasa, that because I am not Latin, and because I think it's important for me to have some type of Latin input, my staff, my grassroots level, that it is important to me, the City, and the Latin community to have someone to consult or advise me. Mr. Lacasa: I really thought that this was the job of the City Commission, that if there is somebody who is in touch with the grassroots of our community, it's precisely the Commission itself. Mayor Ferre: This is not a light matter. I think I would like to put on the record the following statement. The job of the City Manager is administrative in nature. Your job, sir, is to administer the City. Your job, sir, is to do and set the...and follow the policy, the political politics ... the word policy and politics comes from the same Greek word. Your task is to follow the politics, or the policy, if you wish, that this Commission establishes. Now, in your capacity, in your administrative function, pray tell, where there is a requirement for the function that you, under the Charter, have, to have interpreters or liaisons with any community as such. Your job, as I see it, at least as the Charter says it, is not a political job. You do not run for election. You are not elected by the people of this community. You are selected by the majority of this Commission to not interpret but follow the directives as set under the Charter, that we set. Now, I ... it has nothing to do with Jack Alfonso, who I, by the way, think that if this were a political move in a political context, is a fairly intelligent move for a politician to make. I do not, however, feel that the interpretation that has been placed upon this as a political move In a political year, in a political context is what you intended for It to he. Unfortunately, I don't think that there is any other interpretation. 251 JUN 251981 ia, t.4 xb Fny ry SI€'-'s'i{}2x"' S�(gF iat }'i �r"'i tl L f r�` �r 3 •a } v 4 y 5 xf�R:�`1 { y,{x {'�`'{, d i a { 'Y'r {', 'x`zd x It t. Pt Tsja t ' i #e7 , 4{' 3� P x { f' n Ei c y, tay� Jerre (continued): But to restate what 1 have stated in the past month, and that is, that we are now letting ourselves wander down the stream of having the Manager get involved in the gray areas of pelicy, and having the Commission continue to get deeper and deeper into the gray areas of administration. It is happening here almost on a daily basis. In my opinion, your action has taken this City one giant step forward in the direction of an elected administrator, and we will hear more of that in the very near future. 87. ALLOCATE $5,500 - '8TH ANNUAL MIAMI INTERNATIONAL ROWING REGATTA" Mr. Plummer: I move NS-5. Mr. Lacasa: Second. Mayor Ferre: Further discussion? Call the roll. _ The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-598 A RESOLUTION ALLOCATING $5,500 FROM SPECIAL PROGRAMS AND ACCOUNTS - QUALITY OF LIFE PROGRAM TO THE MIAMI ROWING CLUB IN CONNECTION WITH THE "8TH ANNUAL MIAMI INTERNATIONAL. ROWING REGATTA" SCHEDULED TO BE HELD ON JUNE 27, 1981 (Here follows body of resolution, omitted here and on file fr, in the Office of the City Clerk). ggqq t 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 k ar rats NOES: None:. a: r{ xt sr ty 'rt cif 3� f3x}a`. { ABSENT: Commissioner Joe Carollo "f�� d Vice -Mayor (Rev.) Theodore R. Gibson, MR b h 4 •, i p t� f i �'i � 4��ir .5� ,tY�`�� ,�'�7F �..�,r. }�`� �� t`fiA�x�t. �{-'kfrsx�#„ h,`iV 1.,: N ,' „? r ,,.a 1.;�3t• 3 t { 1 _{,,,: 4 4 ` #' rf y.,{: •_I4 a 3''. , a :.;•...dt{xefF..(,..,Ni: �..,MR. �'al YtS.,'v"J .}� °Rny3,�'�. -'L}4 � tr.}T"... �(, 2}L� rYi 1�.�+� �Ti�R .'cy k:�jh'!t`�2i �}g�-y.5 fy��ii. Y ;�:^."z.`." � GY ri-.F.P3Y, .a�4{^ P.:'.s+-F • r i� •t�fi: ?�,.c. aa�.;€�: �.,t3�'.�- ..W{'��;a+rh•N�i,rc.�� s.� m�t�`�4w�:,. v>kril '� 1, -^', r ^i . �:9r�s,d,• �?:_, .s2'�: a ,up. � y3wr u � :'.�� S;y" ..� -FJ k., p1#rri G {to@p i,ak S ,fit"((.•,i,'r�';.-r X,7.W3. a n.,.xi,:: • +f �, €t:U. xo-,ti, ,'z�r��' ��m �1: Y'a �•�"4�,,,:'Tr A ,.5� � t �i,��,r,.��u�`#; ��f 9�rzu-'?; 'ua�a�"4;�;b. $ �!.. .P4..:� , .' : te..sAv n..... Y.s .:,.'j�h „f. :t: e� c'�✓ 4. �. m, r, 4r is sx1-`ham•' .. t §3 v�l".2% 5&?rS#'Ex .r,t;? ta,s f ,4. ,k..... t3-r ?s•". �t,•�" u 5 r ir.: a,� m: : ,s, nf" 4.:_:: lh xvJ ,.s ,r. t I pL,,� ri ... _.. r- ..Y .i .,4 �i, tr t 3'�",4. s., . +fir, jg ;yAE x -YY! rt .,,, �" �yi} Yr. i'St3 tr'k� Z .:r.,srfd., ...yr ta,2 ,S &�. h ;- t �... • �,a+pn i�4. • .Ava i Pa z{5 r!...>' ,� :ll; k�i .y=,�°-d�k, ,r >t. .��%�r`�t3;.e .��' >�� r�+'`�s'"!"",td:A�` h.# x 1��''�'II�1f�`�$'�,yy,4 t ��sEt�3'a3.'.i C�a��.it�s�:�i>, �ihni� t� �'�r��'�5� � �,Y �?�:' -..4, #"f"7a4'.•z•— }t .°S;.r'k`.%:a.. Anm Cf "' i>r•1J i L 9 �3 ass lit r'`}Y ki,lti t: F. 1AY,3�- �, r '�.s .., -r t x� p: ('.Y�i ��c�`. :r N�� ,�R �n+�. .�ti•zuk .+�x a 7 - E. # 5 7h,.,: - f ...) a ;�.;.. t. LaY ��S�iv7S*•t . �Iry ,..'. ,i r _. 1�4 xe""'+,�i n�y_3�a �� ik-'." {tt �t z` r t 4 .st �Qe � ', :€:��a `�+uz, `, `�'�t:.. 1�.'< �� t'`x�•`rfi .t_': ,.. 3atrw.it:?si L-rxi�73 {f. r�tjF.r''i�"� i�'l,ti�a4§: a "F�r- �`t�iytz�4 t,-+'w� r'[k¢1{.�3 a(?5xaK'i t'.�yt,�„ �"3��i�y�a l{5-�....'�y;f'�'I�:'�j3��..�; 3�'vur�T{'i�`�L��k`� ft � t - r + tt .;at k`sr; •�`r;� ��+ n�"r+� � � $h j, 47.�.`� �yl.: r h'�' 'F�� , to- t I 252 JUN 251981 1SLAT1L*RE Tk' I 88. URCE SENATORS AND RFpRESEINTATIVE.,, OF FLORIDA LEG SUPPORT SINGLE MEMBER DISTRICT ELECTIONS Mr. Plummer: I move 7. Or do you want to table that? you want to table? You want it deferred in other words. RESOLUTION NU - A RESOLUTION STRONGLY URGING THE SENATORS AND STATE LEGRE TO ELECTIONSISLATU REPRESENTATIVES OF THE FLORIDA MEMBER DISTRICT FURTHER SUPPORT SINGLE DIRECTING THE CITY CLERK TO FORViARD COPIES OF THE HEREIN RESOLUTION TO CERTAIN INDIVIDUALS omitted here and on (Here follows body of resolution , file City Clerk). in the Office of the C Upon being seconded by Commissioner Lacasag 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 (Rev.) Theodore R. Gibson Vice -Mayor 39. AUTHORIZE AGRFE11L!,T: !1A,',;AG,F?rF,NT ON' CALL OPERATIONS Mr. Plummer: move NS-8- Mayor Ferre: Ns-8 by Plummer. Mr, Lacasa; Second. Is there a second? Further discussion? call the roll (CONTINUED ON NI*,XT PAGE) JUN 2 5 10jai r*N 'iMv V „ "h falleviug rosaiuti6n vad ihtt6dueed by C6 396i6ti6r Plumes A6 d its Adaptiati: RESOLUTION N0. 51-600 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE IN SUBSTANTIALLY THE FORM ATTACHED HERETO AN AGREEMENT BETWEEN THE CITY AND ALLIED REPRESENTATIVES TO MANAGEMENT, INC. FOR FURNISHING, ON AN "AS REQUIRED" BASIS, ON -CALL PROGRAMMING -ANALYTICAL SERVICES FOR THE CITY'S COMPUTER OPERATIONS; USING BUDGETED FUNDS OF {` THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS a� �,§ € (Here follows body of resolution, omitted here and on file r in the Office of the City Clerk). }' Upon being seconded by Commissioner Lacasa, the resolution was pissed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa # Mayor Maurice A. Ferre NOES: None 1 ABSENT: Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson 90. DEFERRAL OF CONSIDERATION: ESTABLISH NEW GUIDELIIIES WITH REGARD TO CITY METHOD OF COLLECTING FUNDS Mr. Plummer: What was the one about accepting personal checks? --- - - - - , ,�`tr} 55' u c j °tr 9i%aysl �`a 3lt{li4r :EeL'� 4 i s}s�5i!" sk �'��: z zi I �1ir4 S t,tn"t'4�'y�.§13r3 lip r IS i� r, r � Is I tins air S Ia ��n ADI VUMMN 1, Where being no further business to eome before the City Commission, on notion duly made acid seconded, the ffieeting etas adjourned at 2:00 A.M. MAURICE A. FERRE 'dUN 25 !nQj Cf'g*Y OF ry r�f�ti/il ■ / ITEM NO 1 1 4 a P "►ynv rA DOCUMENT IDENTIFICATION A} MEETING DATE: I- N 1A CON.1)0I.1:NCI-' IN I*IH' IWAIII 01, I11)1':AI;D I; CONDOLENCE'S DEATH OF JOHN S. KNIGHT (LATE'K FOK�t:\I.I:-,FDI ACCEPT GRANT: YOUTH CONSERVATION CORPS PROGKAMS APPROVE: QUALIFIED CONSULTING FIRMS: LANDSCAPE/ ARCHTTECTURAL SERVICES FOR RENOVATION OF MANOR PARK AUTHORIZE AGREE:MENT:ROB ERTO M. TARAFA,PROJECT ENGINEER CITY OF MIAMI.JAMES L. KNIGHT UNTVERSITY O1' ILAMI CONVENTION CENTER. AUTHORIZE AGREEMENT LEGISLATIVE ADVISORY SERVICES. WASIIINGTON,D.C. CRAMER AND CRAMER AUTHORIZE AGREE"LENT:DARE COUNTY PUBLIC SCHOOLS CITY CETA TITLE IV PARTICIPANTS. AUTHORIZE LOAN:S175,000 FROM F.P. AND L. FRANCHISE FUNDS. SECURITY FENCING AND GATES.ORANGE BOWL. AUTHORIZE AGREEMENT SENIOR COMINIUNITY SERVICES OF DADE COUNTY INC. HOME SAFETY INSPECTION PROGRAM REQUEST RFP'S FROM QUALIFIED FIRMS IN PUBLIC EMPLOYEE DETERRED COMPENSATION FIELD TO IMPLEMENT VOLUNTARY DEFERRED COMPENSATION PROGRAM FOR CITY I.MPLOYEES. AL7'1'liORl--ZE AGREEMENT. PEAT, MARWICK, MITCHELL AND CO. UPDATE' OF CITY'S INDIRECT COST ALLOCATION PLAN. AUTHORIZE AGREEMENT. DYNAMIC CABLE VISIO( OF FLORIDA, INC. USE OF CITY STREETS, NAYS AND PUBLIC: PLACES FOR TRAUNK LINES TO THE CITY OF NEST MIAM1. CLAIM SETTLEMETN:NANCY F. MC. CITE AND ED14ARD G. MC. C U 17 WAIVE REQUIREMENT OF FORMAL SEALED BIDS: REPAIRS 'I'O PISTOL RANGE FOIL DEPARTMENT OF POLICE, l',A1VF REQUIREMENT OF FORMAL SEALED BIDS. CUSHMAN 17M RADIO TEST SET. AWARD BID: DF.MOLI`I'TON OF S,C,L. RAILROAD STATION ACCEPT SEVERAL BIDS FROM SEVERAL SUPPLIERS (AS DESCRIBED IN THE BODY OF RESOLUTION NO, 81-539) FOR DEPARTMENT OF FINANCE), COMMISSION ACTION R-81-5_'5 11-81-526 R-81-5 7 R-81-528 R-81-529 R-81-530 R-81-531 R-81-532 R-81-533 It-81-534 R-81.-535 R-81-53h R-81-537 R-81-5 38 R-81-539 RETRIEVAL CODE NO. 81-52h 81-527 81-528 81-529 81-530 81-531 81-532 81-53:3 81-534 81-535 81-53h 81-537 81-538 81-5'39 i. Y- iL _ F3 C Ira ti MMISSION RETR I EVAL I1E>~1 N0. DOCUMENT IDENTIFICATION ., T, 1 17._ ACCEIT BID —BIG "C" LIT"I'I.F, "()" PAVING AND 1-1 RENTAL IN PROPOSED AMOUNT OF $274,727.50 FOR CULNEIR C.D. PAVING PROJECT PHASE IV [ETC. R-81-540 81_-540 17.3 ACCEPT COMPLETED WORK:CMP CORPORATION FOR LATIN QUARTER COMitUNITY DEVELOPMENT SANITARY SEWER — PRO.11:CT. ETC. R-81-541 81"541 17.4 ACCL•'PT'ED COMPLETED 1f'ORK: T & N CONSTRUCTION CO,IPANY, I.NC. AND AMERICAN I'IDE,LITY FIRE INSURANCE COMPANY, THE SURETY FOR COCONUT GROVE CONDtt1NITY DEVELOPMENT PAVING PROJECT, PHASE II,ETC. R-81-542 81-542 I 17.5 ACCEPT COMPLETED WORK: SUNSET ENTERPRISES, INC. FOR ?1IA?IARINA STRUCTURAL. REPAIRS,IT'C, R-81-543 81-543 11.0 ORDERING RESOLUTION AUBURN SANITARY SEWER IMPROVEMENT R-81-544 81-544 17. ACCEPT COMPLETED [FORE:: F & F CONST'RUCTLON COMPANY, INC. AND LUI S M. FE:RRER (.JOINT' VENTURE-), FINALLY COMPLETED BY THE SURETY, FIDELITY AND DEPOSIT COMPANY OF MARYLAND (1,YN1,'OOD CO?LkEUN ITY DEVELOP `IE:NT PARKING PROJECT PHASE IV) R-81.-545 81-545 17.8 RESCIND RESOLUTION 81-278—"ORDERING RESOLUTION: N.W. 23 STREET SANITARY SEI,ER IMPROVEMENT" ETC. R-81-546 81=546 17.9 RESCIND RESOLUTION 81-188 "ORDERING RESOLUTION N.W. 23 STREET HIGHWAY IMPROVEMENT,ETC. R-81-547 81-547 17.10 R17SCIND RI:SOLUTIONI 81-510"CONFIRMING ORDERING RESOLUTION 81-336 CITY WIDE WEST 57 AVENUE SANITARY SEWER IMPROVEMENT SR.-5469—C,F.TC. R-81-548 81-548 17.11 RESCIND RESOLUTION NO. 81-511 ENTITLED "A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 81-337 ETC. (CITY WIDE NEST 57TH AVENUE) SANITARY SEWER IMPROVEMENT SR-5469—S R-81-549 81-549 17. 121 AUTHORIZE AGREEMENT' WITH CA."IACOL (LATIN CHAMBER OF CO;UIIERCE) TO SUPERVISE, COORDINATE SECOND HE^1ISPHERIC CONGRESS OF LATIN AMERICAN CHAMBERS OF CO"LMERCE $35,000.00 AUTHORIZE AGREEMENT U;ITH CAMACOL FOR THE CREATION? AND 017 A PROPOSED PER%XNENT "SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN AMERICAN CHA."IBER OF Co) NERCE AND INDIIST'RY—$65,000.00 R-81-550 81-550 17.13 FORMALIZING RESOLUTION TO EXTEND FUNDING OF THE LOCAL OFFICE OF THE. NATIONAL, ECONOMIC DEVELOPMENT' ASSOCIATLON (NEDA) FOR CONTINUED OPERATION THROUGH .TUNE 25,1981.ETC. R-81-551 81-551 18 DISCUSSION IN CONNECTION IJI'I'H PROPOSED BIFURCATED PLAN FOR DPPONT PLAZA AREA M-81-552 81-552 19 SEVENTH Y[iAl; CO�L�IUN11TX DEVELOPMENT FUNDS: ALLOCATE FUNDS, ETC. ALLAPATTAH TEMPORARILY EXCLUDED R-81-561 81-561 c CONTINUED PA G F 3 ITET1 NO. DOCUMENT IDENTIFICATION COMMISSION KtIK1tVAI CODE NO. ' A('HI0kI E ;1(;REi:`If;til : ':f:[c;HhuRfl+x�l) D}:t'F:U�f"il:'YI AGENCIES NEIGHBORHOOD ECONOMIC DEVELOPMENT PRnGR,1'1 (CD) AIA,APAT'TAII IS TEIMPORARILY EXCLUDED R-81-502A 81-562A ' I AL'Tl1OR I ZE AGREE?IENT : �1IAMI CAPITAL DEVELOPMENT, INC . FINANCIAL ASSISTANCE PROGRAM 1t-81-563 81-563 APPROVE SELECTION BY COMPETITIVE SELECTION C0111TT'EE DESI(;N AND CONSTRUCTION OF DOCKMASTERS OFFICE AT DINNER KEY R-81-571 81--571 APPROVE SELECTION MADE BY COMPETITIVE SELECTION coo:IITTEE PROFESS TONAL, ARCH ITECTURAL, ENGINEERING; SERVICES FOR DINNER KEY MARINA EXPANSION PROJECT R-81-572 81-572 '+ ACCEP'C REPORT FOR DOWNTOWN GOVERNMENT CENTER PARKING FACILITY R-81-576 81-576 25 GI;ZANT REQUEST FOR VACATION AND CLOSUII1: OF S.W. 3RD STREET AND 50TH AVENUE. TENTATIVE PLAT #1067 "NATALIA" R-81-579 81-579 20 APPROVE. BUENA VISTA COMLIUNI.TY REVITALIZATION PLAN R-81-580 81�-580 27 GRANT PERMISSION TO CONSTRUCT RECREATIONAL FACILITIES IN FORT DALLAS PARK (48-64 S.E. 4TH STREET) R-81-581 81-581 2S APPROVE I'E?IPORARY TRAILER FOR BANK OFFICES, PERMANENT BANKING FACILITIES AND SNACK BAR 1-07-L020 NORTH AML''RICAN WAY (DODGE ISLAND) R-81-582 81-582 29 APPROVE PLANNED AREA DEVELOPMENT WITH CONDITIONS: 1014-1090 VENETIAN WAY R-81-583 81-583 30 GRANT CONDITIONAL USE FOR FOUR DRIVE IN TELLERS 10-44 S.W. 14T11 STREET ZONED R-CB R-81-584 81-584 31 ACCEPT PLAT: LITTLE HAVANA FIRST ADDITION R-81-585 81-585 32 ACCEPT PLAT: BRICKELL KEY ON CLAUGHT'ON ISLAND R-81-586 81-586 J'3 ACCEPT BID: CLEANING ORANGE BOWL STADIIIM.MIAMI MARINE STADIUM AND MIAMI BASEBALL STADIUM R-81-589 81-589 34 CONFIRM ASSESSMENT ROIL:EAST BRADOCK SANITARY SEWER IMPROVEMENT DISTRICT SR-5410-C R-81-591 81-591 '15 CONFIRM ASSESSMENT ROLL: BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT 11-4390 R-81-592 81-592 36 AUTHORIZE SEALED BIDS: CONSTRUCTION OF CITY WIDE WEST 57 AVENUE SANITARY SEWER IMPROVEMENT DISTRICT SR-54-69C R-81-593 81-593 37 AUTHORIZE SEALED BIDS:CONSTRUCTION OF CITY WIDE WEST 57 AVENUE SANITARY SEWER IMPROVEMENT DISTRICT 1;1Z-5469S 11-81-594 81-594 L C: r 4 . — _ C MMISSIOtJ L ITEM NO., DOCUMENT IDENTIFICATION �; ACCI,PI' PROP(15E1) ECONOMIC ADJUSTMENTPLAN 11Y JANUS ASSOCIATES. 1'a 1ZIEQl•E5'I' GOVERNOR ROBERT D. GRAHAM TO VETO SENATE BILL ;yr, 1NCREASiNG CITY LIABILITY, SELF INSURED RIESERVI:,ET'(R-81-596 ; SCHEDULE TO BE FOLLOWED REGARDING CABLE T.V. PUBLIC R-81-597 HEARINGS I ALLOCATE $5, 500.00 "EIGHTH ANNUAL MIAMI 1NTERNAT IONAI, R-81-598 ROWING REGATTA" _, URGE SENATORS AND REPRESENTATIVES OF FLORIDA 1, EGI SLAT'URIE TO SUPPORT SINGLE ^IEMBER DISTRI.C'I' R-81-599 }.1,ECT'I0NS -41 AUTHORIZE AGREEMENT: MANAGEMENT INC. FOR FURNISHING AS REQUIRED: ON CALL PROGRA:LMING ANALYTICAL SERVICES R-81-600 FOR THE CITY COMPUTER OPERATIONS. 81-595 81-596 81-597 81-598 F 81-599 81-600