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Home My WebLink AboutCC 1981-03-17 MinutesCITY OF Ml MI COMMISSION MINUTES March 17, 1981 OF MEETING HELD ON (REGULAR) (P & Z) PREPARED BY THE OFFICE OF THE CITY CLERK CITY H AL L RALPH G.. ONGIE CITY CLERK • 0 ci;t9isg Im aJ OF MIA^'il, &IDA 10 W. I (MARCH 17t 1981) SLL ECT (REGULAR * P & Z) 2 3 4 5 z 7 R 9 10 11 12 13 14 .N' 15 16 17 18 14 :0 !1 22 SECOND READING ORDINANCE: AMEND SECTION 4-3 OF THE CITY CODE HOURS OF SALE OF ALCOHOLIC BEVERAGES AUTHORIZE AGREEMENT: NOGUCHI FOUNTAIN PLAZA AUTHORIZE AGREEMENT: OVERTOWN SHOPPING CENTER AUTHORIZE AGREEMENT: DOItiNTOVIN MIA"TI INTERIM PARKING STUDY (WITH BARTON/ASCHMAN ASSOCIATES, INC.) AUTHORIZE AGREEMENT: .TAMES 3. LOI,'REY-CITY' S PRINCIPAL FINANCIAL ADVISOR BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF CABLE T.V. CABLE TELEVISION PROPOSALS ALLOCATE $150,000 HIGHI:AY PATROL ASSISTANCE TASK FORCE ALLOCATE $38,770 DEPART`TFNT OF TRADE AND COMMERCE - START UP COSTS FOR MIAMI CAPITAL DEVELOPMENT INC. AL'THORI7.F. AGREDIFNT-"INTERNATIONAL CENTER OF FLORIDA"-j OPENING CEREMONIES OF TELFCOMMUNICATIONS FAIR (C0M!",l'NICACInNES FXPO 81) AUTHORIZE AGREEMENT- MIA'MI ROWING CLUB AUTHORIZE AGREEM0NT: IMiPLEMENT PORTION DADE COUNTY CD BLOCK GRANT FUNDS 5TH AND 6TH YEARS CERTAIN SOCIAL SERVICE ACTIVITIES SELECTION OF CITY MANAGER-15 BALLOTS (CONTINUED LATER ON THIS SAME MEETING) AMEND CITY OF MIA.*1I CITIZEN PARTICIPATION PLAN CONFLICT OF INTEREST,ETC. ACCEPT SECRETARY'S DISCRETIONARY GRANT HUD $1,160,000 ALLEVIATE. CONDITIONS RESULTING FROM MAY .1980 CIVIL DISTURBANCE ACCEPT SECRETARY'S DISCRETIONARY GRANT -HUD $1,010,000 CUBAN HAITIAN MIGRATION SUPPORT FEDERAL LEGISLATION PERMITTING TAX-EXEMff TION ON PERSONAL SAVINGS ACCOUNTS LIP TO $5,000 SUPPORT RESTORATION OF FEDERAL TAX BENEFITS TO RENTAL HOUSING PRODUCERS AND 04'NERS DESIGNATE. UTILIZATION OF $8,000,000 CITY OF MIAMI HOUSING BONDS ACQUISITION OF LAND FOR LOIN' AND NODER- ATE INCOME DOUSING. URGE SENATORS CHILES AND HAWKINS? REPRESENTATIVES FACELL, LEHMAN AND PEPPER TO SUPPORT LEGISLATION S-321 TO COUNTER I.R.S. REVENUE PROCEDURE ISSUE WASTE COLLECTION LICENSES TO SEVERAL COMPANIES DESIGNATE NEWSPAPERS FOR SALE OF DELINQUENT LIENS DISCUSSIONv AND DEFERRAL OF BID ACCEPTANCE ON AUTO rI NA�ICEo, oulrION PAGE ORD. 9250 R-81-157 R-81-158 R-81-159 R-81-11�O DISCUSSION I R-81-162 I R-81-163 R-81-164 R-81-165 R-81-166 1 M-81-167 1 R-81-168 1 R-81-169 1 R-81-170 1 R-81-171 1 R-81-172 1 R-81-173 R-81-174 R-81-175 R-81-176 RENTALS (POLICE DEPARTMENT) ' DISCUSSION 4 a III cj�l'aW i�, KBRIDA 11EM NO. (MARCH 17, 1981) &UCT (REGULAR * P 6 Z) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 PAGE A2 QRDI NANCE Qf �, sourztaN fro, PAGE NO DISCUSSION AND TEMPORARY DEFERRAL OF: WAIVE REQUIRDIENT FOR FORMAL SEALED BIDS/7 DIGITAL VOICE. PRIVACY SATELLITE RADIO SYSTEM SETS I DISCUSSION ACCEPT BIDS: OF PUBLIC SAFETY DEVICES,INC. FOR 33 POLICE CAR PARTITIONS R-81-177 AUTHORIZE PURCHASE OF TWO ADDITIONAL AUTOMOBILES DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE R-81-178 ACCEPT BID: E.V.F., INC. FOR 4 RESCUE AMBULANCE VEHICLES R-81-179 ACCEPT BID: KWIK-MIX CONCRETE CORPORATION FOR DEPARTMENT OF PUBLIC WORKS R-81-180 ACCEPT BID: DIET CRAFT, INC. FOR DAY CARE FOOD PROGRAM R-81-181 EXTEND AGREEMENT: JAMES E. SCOTT C01MINITY ASSOCIATION PARK LANDSCAPE TRAINING PROGRAM R-81-182 APPROVE RECOMMENDATION FOR PURCHASE OF ORIGINAL WORK OF ART SCULL SISTERS FOR LITTLE HAVANA COMMUNITY CENTER - BRIEF DISCUSSION ON REVAMPING OF BIDDING PROCEDURES R-81-183 DEFERRAL OF PURCHASE OF ORIGINAL WORK OF ART FOR SOLID WASTE DEPARTMENT ADMINISTRATION BUILDING M-81-184 ACCEPT COMPLETED WORK: THEODORE R. GIBSON PARK -PHASE I R-81-185 APPROVE INCREASE IN CONTRACT: P.N.M. CORPORATION FOR LITTLE HAVANA C.D. STREET IMPROVEMENTS R-81-186 DEFER DEMOLISHING OF S.C.L. RAILWAY STATION PENDING STUDY M-81-187 ORDERING RESOLUTION: N.W. 22 STREET HIGHWAY IMPROVEMEN R-81-188 CREATE CITY OF MIAMI FESTIVAL ADVISORY COMMITTEE R-81-189 AUTHORIZE AGREEMENT: CITY OF MIAMI/OAS INTERNATIONAL ARTISTS SERIES R-81-190 APPOINT REINALDO CRUZ AS A MEMBER OF THE ZONING BOARD R-81-191 APPOINTMENT OF PERSONS TO BLUE RIBBON COMMITTEE DUPONT PLAZA SELECTION COMMITTEE R-81-192 INFORM HUGH STUBBINS,ARCHITECT OF EXISTENCE OF BLUE RIBBON COMMITTEE TO GET INPUT PRIOR TO DISCUSSION WITH DEVELOPERS -81-193 CLAIM SETTLEMENT: BRUCE AND ELISSA SIMBERG -81-I94 IF I ItBD( CITYT%ISSIQI OF MIAMI, FIDRIIl4 PAGE # 3 TLC QRSOWT I O o PAGE NO �u'' �. (MARCH 17 ,1981) SM� ( REGULAR * P & Z ) KKEE$OLIlTI Off! , 42 43 44 45 45.1 45.2 45. 3 46 47 48 49 50 51 52 53 54 55 AUTHORIZE AGREEMENT: ELEVENTH ANNUAL CHAMPION SPARK PLUG UNLIMITED REGATTA AUTHORIZE 3 MONTH EXTENSION OF.CONSTR1iCTION MANAGEMENT AGREEMENT FOR CONVENTION CENTER ENGAGE LAW FIRM OF STEEL, HECTOR AND DAVIS AS SPECIAL COUNCIL CLAIMS ARISING FROM CONSTRUCTION OF CONVENTION CENTER CONSENT AGENDA ACCEPT COMPLETED WORK OF D.M.P. CORPORATION FOR WESTERN DRAINAGE PROJECT E-50 GRANT TO DADE COUNTY QUIT CLAIM DEED CONVENING PREVIOUSLY ACQUIRED PUBLIC RIGHT OF WAY (IMPROVEMENT PURPOSES) ALONG 12TH AVENUE, ETC. ACCEPTED WORK RUSSELL,INC. FOR ALLAPATTAH COM!MLTNITY DEVELOPMENT PAVING PROJECT, PHASE III,ETC. CONTINUATION OF SELECTION OF CITY-MANAGER-5 BALLOTS (CONTINUED LATER ON THIS SAIME MEETING) MOTION TO EXTEND DATE FOR RFP ON CABLE T.V. (LATER FORMALIZED RESOLUTION 81-230) PLAQUES, PROCLAIMATIONS AND SPECIAL ITEMS AUTHORIZE CERTAIN CHANGES IN OCTOBER 24, 1979 CONTRACT WITH FRANK J. ROONEY FOR CONSTRUCTION OF CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONL CENTER; FURTHER AUTHORIZING A RESERVE FUND TO MEET OTHER CONSTRUCTION CONTINGENCIES ISSUE BUILDING PERMIT: WORLD TRADE CENTER BUILDING AND GARAGE PUBLIC HEARING: CONTINUATION OF PUBLIC HEARING ON -APPROVAL OF DEVELOPMENT ORDER FOR MIAMI CENTER II (TEMPORARILY DEFERRED -SEE LATER THIS MEETING) MODIFY EXEMPTION TO REQUIREMENT -PERMIT CONSTRUCTION OF 58 UNIT APARTMENT BUILDING "BANYAN PLACE" TRANSFER AND REPLACE CERTAIN CERTIFICATES OF CONTVENINECE AND NECESSITY CONFIRM ASSESSMENT ROLL: SR-5377-C LIBERTY SANITARY SEWER IMPROVEMENT PHASE II CONFIRM ASSESSMENT ROLL: SR-5377-S LIBERTY SANITARY SEWER IMPROVEMENT PHASE II R-81-195 R-81-196 1 R-81-197 1 R-81-198 R-81-199 R-81-200 DISCUSSION DISCUSSION DISCUSSION R-81-202 R-81-203 DISCUSSION R-81-204 R-81-205 R-81-206 R-81-207 j' R IrIEx aft gi?ll 0 Rt "ark, Etna PAGE #4 INANCE to NO, (MARCH 17, 1981) SIUCT (REGULAR * P & Z ) rsourr i o3o, I PAGE N0, 56 ACCEPT COMPLETED WORK: ENGLEWOOD SANITARY SEWER IMPROVEMENT SR-5461—C & S R-81-208 85 57 PERSONAL APPEARANCE: IRVING KERN CONCERNING USE OF FORMER MUNICIPAL JUSTICE BUILDING AS A JAIL SITE DISCUSSION 85-91 58 PERSONAL APPEARANCE: SEVERAL PERSONS CONCERNING LACK OF PARKING IN THE DOWNTOWN AREA —POSSIBLE SHUTTLE SERVICE FROM THE ORANGE BOWL, ETC. M-81-209 91-106 59 PERSONAL APPEARANCE: KATHERINE LEWIS SITH REQUEST FOR FINANCIAL ASSISTANCE FOR TtdINS PARADE (DENIED) DISCUSSION 106-109 60 PERSONAL APPEARANCE: WILLIE WRITHG—BLACK ENTREPRENEUR 109-110 IN INTERNATIONAL TRADEM-81-210 61 PERSONAL APPEARANCE: MANTEL ARQUES WITH REQUEST 111-112 FOR FINANCIAL ASSISTANCE FOR LOCAL"NEDA"PROGRAM M-81-211 62 CONTINUED DISCUSSION: MIAMI CENTER II —SEE LATER DISCUSSION 113-132 63 CONTINUED FUNDING FOR ONE ADDITIONAL MONTH (FOR NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPMENT 132 M-81-212 PROGRAM) 64 CONTINUED DISCUSSION (FROM LABEL 51): DEVELOPMENT ORDE FOR MIAMI CENTER II—DUPONT PLAZA (ULTIMATELY CONTINUED TO A FUTURE MEETING) M-81-213 133-151 65 LEGISLATIVE PRIORITIES DISCUSSION 154 66 EXTEND BIDDING DATE FOR BUS BENCH/SHELTERS TO PERMIT BIDDERS CONFERENCE M-81-214 155 67 PUBLIC HEARING: SECOND READING ORDINANCE —DOCKAGE RATES AT DINNER KEY AND ANNEX, MIAMARINA AND WATSON ORD. 9251 156-169 ISLAND 68 BRIEF DISCUSSION AND WITHDRAWL OF ITEM: AMENDMENT OF ARTICLE XXI-3 GROUND LEVEL PEDESTRIAN OPEN SPACE DISCUSSION 170- 69 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 455-479 N.W. 6TH STREET FROM C-5 TO R-4 ORD. 9252 171 70 DENIAL OF APPLICATION FOR CHANG E OF ZONING: 5650 N.E. 4 COURT FROM C-1 TO C-4 M-81-215 172-175 71 ACCEPT PLAT: B.L.J. SUBDIVISION R-81-216 175 72 ACCEPT PLAT: GROVE MOUNTAIN R-81-217 176 73 ACCEPT PLAT: SOUTHGAGE VILLAS —TEMPORARILY DEFERRED DEFERRED 177 74 ACCEPT PLAT: NASHER SUBDIVISION R-81-218 178 75 DENIAL OF APPLICATION FOR CHANGE OF ZONING: 25 N.W. 35TH STREET FROM R-4 TO C-5 M-81-219 179 76 FIRST READING ORDINANCE —DECREASE ZONED STREET WIDTH N.W. 7TH COURT BETWEEN N.W. 15 STREET AND EAST WEST EXPRESSWAY FIRST READING 180 77 78 79 80 81 82 83 84 85 86 87 88 09 90 91 92 93 94 III( CIIYICOhT•iISSIQRAP FFl!)RIil4 VACATE AND CLOSE ALLEY: N.W. 30TH AVENUE BETWEEN 11TH TERRACE AND COMFORT CANAL OVERRULE APPEAL BY OBJECTOR AND GRANT DEVELOPER A VARIANCE FOR LOT COVERAGE AT 700 N.E. 22ND TERRACE GRANT APPEAL BY APPLICANT: VARIANCE FOR LOT WIDTH ABD AREA-822 N.W. 32 COURT GRANT VARIANCE FOR OFFICE TOWER (SOUTHEAST BANK) GRANT CONDITIONAL USE FOR PARKING GARAGE ( SOUTHEAST BANK) GRANT ONE YEAR EXTENSION OF CONDITIONAL USE: DRIVE-IN TELLERS-550 N.E, 2ND AVENUE GRANT ONE YEAR EXTENSION OF VARIANCE FOR PARKING 550 LE JEtINE ROAD ACCEPT PLAT:: SOUTHGATE VILLAS AUTHORIZE A-MENDMENT TO CONTRACT: MIAMI CAPITAL DEVELOPMENT, INC. APPOINTMENT OF CERTAIN INDIVIDUALS TO JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE FORMALIZING RESOLUTION: EXTEND DATE FOR RECEIPT OF PROPOSALS FOR CABLE T.V. DISCUSSION OF FUTURE CONSTRUCTION OF STABLE FACILITIES FOR POLICE HORSES AND DISCUSSION OF BERMS IN BICENTENNIAL PARK AS THEY RELATE TO CRIME PROBLEMS ADDITIO;:AL BALLOTING -SELECTION OF CITY MANAGER: DEADLOCK AND ESTABLISH DATE OF APRIL 7 FOR SPECIAL MEETING TO CONTINUE DELIBERATIONS DISCUSSION OF JUDGE'S RULING AS IT AFFECTS GEORGE F. KNOX, JR. APPOINT RICHARD L. FOSMOEN, CITY MANAGER UNTIL APRIL 7, 1981 SUBJECT TO CONTINUED WRITTEN RESIGNATION STIPULATION ON FILE DIRECT CITY MANAGER TO CEASE ALL NEGOTIATIONS WITH THE F.E.C. ON PROPOSED LAND SWAP SETTLEMENT OFFER DISCUSSION ITEM: POLICE DEPARTMENT ACTIVITIES AUTHORIZE SPECIFIC EXEMPTIONS TO THE HIRING FREEZE PAGE #5 tDINANCE So'LUT 0 o, PACE NO, R-81-220 R-81-221 R-81-222 R-81-223 R-81-224 R-81-225 R-81-226 R-81-227 R-81-228 R-81-229 R-81-23U M-81-231 M-81-232 DISCUSSION R-81-233 M-81-234 DISCUSSION M-81-235 M-81-236 M-81-237 M-81-238 M-81-239 M-81-240 M-81-241 M-81-242 M-81-243 M-81-244 INIEx A'911?STIO�iffAF&DA PAGE #6 QRDINAIVCE OR PAGE N( (MARCH 17, 1981) SMCT (REGULAR*P 6 Z) K SOLUTION No, 95 DISCUSSION OF POSSIBLE CHANGE OF DATE FOR THE INTERNATIONAL FOLK FESTIVAL COIrM4ITTEE DISCUSSION 231 96 ALLOCATE $500.00 TO THE CITY OF ATLANTA TO AID IN THE CRIME INVESTIGATION IN THFDEATHS OF BLACK CHILDREN M-81-245 231-23; 97 DISCUSSION OF CENSUS COUNT AND REQUEST CITY MANAGER TO COME BACK WITH SPECIFIC RECOMMENDATIONS M-81-246 232-23, 98 FORMALIZING MOTION APPOINTING RICHARD L. FOSMOEN AS CITY MANAGER OF THE CITY OF MIAMI, SUBJECT TO APPLICABILITY OF HIS WRITTEN STIPULATION DATED SEPTEMBER 2, 1980 DISCUSSION 234 V V MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 17th day of March, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:20 A.M., by Mayor Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson ABSENT: Mayor Maurice A. Ferre ALSO PRESENT: R. L. Fosmoen, City Manager Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. On motion duly made and seconded by the City Commission, the Minutes for the meetings of December 17, 1980 were approved. 1. SECOND READI.vG ORDINANCE: AKE11D SECTION 4-3 OF THE CITY CODE HOURS OF SALE OF ALCOHOLIC BEVERAGES hr. Plummer: Mr. Grimm where can we start on the agenda to try to get ahead. Mr. Grimm: Item number 1. Mr. Plummer: I have a feeling the Mayor might be upset. Father Gibson: There's a man after my heart. He said item number 1. Mr. Plummer: I heard what he said aut I didn't hear what he said. Mr. Grimm: Commissioner, You can start on item number 2 unless you feel that you need more than 4 votes for that item. *7ather Gibson: All right. Mr. Plummer: Well Commissioner Lacasa moved it before. Mr. Lacasa: Move. Mr. Plummer: I second item number 2. r:r. Ongie: Item 2 has been moved and seconded. 01 MAR 171981 Father Gibson: I know. May I ask this question? Did everybody read the report from the Chief? Mr. Plummer: I read the report, Father. I can only speak for one. Father Gibson: Cheif, where is he? Chief Harms. The Chief pointed out some dangers for us. I hope we... Mr. Plummer: Well Father, let me make you aware. Father Gibson: All right. Mr. Plummer: All right, because the report that the Chief wrote and what was passed at the last Commission meeting is not contained in here, which to me is a very important factor. Mr. Grimm, we made that to a minimum of 100 or 125 rooms. Mr. Grimm: Right. Xr. Plummer: What was...Mr. Clark? Mr. Grimm: 100 rooms, I believe it was. Yr. Clark: 100 rooms. Mr. Plummer: Father, we inserted in that, Father, that there would be a minimum of 100 room hotel to qualify. And I think that resolved the problem. Father Gibson: Chief, I would hate for us to be passing a law that you couldn't possibly fulfill. The dangers you pointed out to us in your communication to me is great. The dangers are great. Now, they have added 100 rooms. Does that lessen your problems and concern? Chief Harms: Yes, sir, it does. It limits the number of places that can obtain that special type of license. Father Gibson: All right, sir. Mr. Carollo: How many places are we talking about exactly, Chief? Chief Harms: I don't know the number. Mr. Plummer: Joe, if I might. I think it reduces it down presently 18 places. That was in the back—up material. The danger, Father, was the problem of downtown. Many hotels, small hotels with lu or 1_ 15 rooms that could qualify and abuse the law was eliminate:: 100 room minimum. Father Gibson: All right. I just wanted. —ill right, sir. roll. (AT THIS POINT THE CITY ATTORNEY READ THE 0RD1N.NCF VU Tnt' r.ECORD) . Mr. Plummer: I did not hear the 100 room minimum. N:r. Clark: Certain hotels. We didn't designate. Mr. Plummer: No, that doesn't do it for me. Cortahi hol.'e':: vr:1 very broad terminology. I want it inserted, 100 rOOr: ":r. Lacasa: It was here. He didn't read it. Yr. Plummer: You didnt' read it in the ordinaiiee. Xr. Clark: You want that change in the title. Mr. Plummer: I want it in the ordinance. 02 ist MAR 17 1981 Mr. Clark: It is in the ordinance, J. L. Mr. Plummer: Excuse me. In the title. Okay? Mr. Clark: All right. Father Gibson: Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 403 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, WHICH ESTABLISHES THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES BY AMENDING PARAGRAPHS (3) M;D (5) OF SUBSECTION (c) OF SAID SECTION 4-3 TO PROVIDE THAT VENDORS OF BEER, WINE, AND LIQUOR HOLDING A STATE BEVERAGE LICENSE IN CONNECTION WITH HOTELS, MOTELS, OR APARTMENTS HAVING 100 OR MORE GUEST ROOMS; AND WHOSE SALE OF SUCH BEVERAGE IS BY THE DRINK (CONSUMPTION ON THE PREMISES), MAY OPERATE AND STAY OPEN FOR BUSINESS UNTIL 5:00 A.M. ON WEEKDAYS, INCLUDING SATURDAY AND SUNDAY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of February 26,1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -'Mayor (Rev.) Theodore R. Gibson NOES: Commissioner Joe Carollo ABSENT: Mayor Maurice A. Ferre SLID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9250 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. Z. AUTHORIZE AGREEMENT: WOGUCHI FOUNTAIN PLAZA Father Gibson: What about number 3. Mr. Plummer: Father, that was an item I asked to be deferred because I did not like the method of funding. They have now got another method of funding, I am in accord, and I will move the item. Mr. Lacasa: Second. Father Gibson: Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-157 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH NOGUCHI FOUNTAIN PLAZA, INC. TO PROVIDE PROFESSIONAL AND ARTISTIC SERVICES TO THE CITY IN CONNECTION WITH THE REDEVELOPMENT OF BAYFRONT PARK IN ACCORDANCE WITH SAID AGREEMENT, USING MONIES THEREFOR IN THE AMOUNT OF $150,000 FROM THE CAPITAL IMPROVEMENTS FUND (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ABSENT: Mayor Maurice A. Ferre 3. AUTHORIZE AGREEIfiaT: OVERTOWN SHOPPING CERTER Father Gibson: What about number 47 Mr. Plummer: Number 4 I'll be happy to move. It is now going to be a joint venture with the City of Miami. What the Overtown community will derive from this is a training facility and experience. And I think it now will fly. It is my understanding, and I will move item number 4. Father Gibson: Do I hear a second? Mr. Carollo: Second. Father Gibson: All right, call the roll, please. MAR 17 1981 ist M The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-158 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE OVERTOWN ECONOMIC DEVELOPMENT CORPORATION FOR THE LEASING, CONSTRUCTION AND MANAGEMENT OF THE OVERTOWN, SHOPPING CENTER, WITH FUNDING FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION AND A LOCAL MATCH (Here follows body of resolution, omitLud Mere and on file in the Office of the City Clerk). Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner t_rmando Lacasa Coam?i sioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ABSENT: Mayor Maurice A. Ferre 4. Ai'TEORIZE AGREL.ME:,,T: DOI.,TOV-i� :1IA:iI INTLLRIM PkmlNG STUDY (WITH BARTO1N-ASC11:IA:+ ASSOCIATES, INC.) Father Gibson: What about 5. Mr.. Plummer: 5. Item 5 is for the parking study, but these people are also going to be down here to help us with our bonding facility as well as working on the garage. I personally think it is money that is going to be well spent not only for parking but for our overall bond picture and I will move item 5. Mr. Lacasa: Second. Father Gibson: All right. Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-159 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH BARTON-ASCHMAN ASSOCIATES, INC. FOR A DOWNTOWN MIAMI INTERIM PARKING STUDY IN THE AMOUNT OF $30,000 WITH FUNDS THEREFOR PREVIOUSLY APPROPRIATED UNDER ORDINANCE 9102, DATED MAY 22, 1980 FROM SIXTH YEAR COMMUNITY DEVELOPMENT FUNDS (here follows body of resolution, omitted here and on file in the Office of the City Clerk). 05 MAR 17 1981 U 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 Conunissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ABSENT: Mayor Maurice A. Ferre 5. AUTHORIZL AGREEMENT: JAi iES J. LOW'REY CITY' S PRI_tiCIPAL FIL0!. CIAL ADVISOR Mr. Plummer: Item 6 is basically the same, and I move it under the same circumstances. Father Gibson: All right, call the roll. The following resolution was introduced by Commissioner Plummer, who coved its adoption: RESOLUTION NO. 81-160 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JAMES J. LOWREY AND COMPANY TO BECOME THE CITY OF MIAMI'S FINANCIAL ADVISOR RELATIVE TO FUTURE SALES OF CITY OF MIAMI BONDS FOR TWO YEARS IN ACCORDANCE WITH 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 Carollo, the resolution was passed and adopted by the following vote: LYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ABSENT: Mayor Maurice A. Ferre MAR 17 1981 t 6. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF CABLE T.V. CABLE TELEVISION PROPOSALS Fa ft er Gibson: What about 6(a). Mr. Plummer: Item 6(a) I would defer and the reason I'm going to defer is because of the problems surrounding cable t.v. I think since the bucl: stops at this Commission, that this Commission should not take a single recommendation, that the firms should make presentations before this Commission and let this Commission decide. And because of that, I would defer for the reasons of having the companies themselves make presentations before this Commission. My motion is to defer. Mr. Grimm: Mr. Vice -Mayor, may I request that we wait until the Manager is .Iere or Mr. Merrill so that you can have their reasons for placing this on ':he agenda. Mr. Plummer: I have discussed it with the Manager yesterday. He had really no serious objections but, if you wish for it, I will... Mr. Grimm: Well, I just wanted somebody to have an opportunity, other than me who doesn't know too much about it, to say why it's here and what it's intended to accomplish. Mr. Plummer: Well. let's do it this way. Let's pass it, and if he has anything thet he wants to interject, 1 have no problem with bringing it back up. Father Gibson: All right, call the roll, please. Mr. Ongie: This is to defer, Mr. Plummer? Mr. Plucumer: Yes. Well the reaons stipulated for the deferment is most important. Mr. Clark: Was there a second? Mr. Carollo: Second. Father Gibson: Call the roll. THEREUPON, the members of the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Carollo, UNANIMOUSLY AGREED TO DEFER THE ABOVE MATTER TO LATER O% THIS SAME MEETING FOR THE REASONS STIPULATED ABOVE BY COMMISSIONER PLUMMER. 07 MAR 171981 7. ALLOCATE $150,000 HIGHWAY PATROL ASSISTANCE TASK FORCE Er. Plummer: Item 7, I think is money that is well spent. It will come cut of that $2,000,000 that was created for public safety. I could cnly encourage the State Troopers be kept here as long as possible. And of course, this is something that is due and owing, and I move item 7. Father Gibson: All right. Mr. Plummer moves. Mr. Carollo: Second. Father Gibson: Mr. Carollo seconds. Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-162 A RESOLUTION ALLOCATING $150,000 FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, PUBLIC SAFETY CONTINGENT FUND, FOR THE PURPOSE OF PROVIDING FUNDS FOR THE CITY'S CONTRIBUTION TO THE HIGHWAY PATROL ASSISTANCE TASK FORCE (Here follows body of resolution, omitted here and on file in the Office of the Cite Clerk). Upon being seconded by Commissioner Carollo, the resolution was pissed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ASSENT: Mayor Maurice A. Ferre Note for Record: Ag. 8 was deferred. (.40TE: Mayor Ferre enters meeting at 9:35 A.M.) U. ALLOCATE $3E,770 DEPARTMENT OF TRADE Al•D CO10.ERCE - STAP.T UP COSTS FOR MIAIAI CAPITAL DEVELOPMENT INC. Father Gibson: Mr. Mayor, you are here now. We are on item 9. r:r. Plummer: I approve item 9. Make a motion to approve. Father Gibson: Second. Mayor Ferre: All right there is a motion to approve item 9 and a becond. You delayed 8 but you want to approve 9? Fr. Plummer: Yeah. 9 is no problem. 9 is of the previous year. The problem I have with 8 is the fact, Mr. Mayor, that they show in their budget $15,000 for public relations and I want more information on that. MAR 17 1981 ;st Mayor Ferre: All right, call the roll. on the approval of item number 9. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-163 A RESOLUTION ALLOCATING AN ADDITIONAL AMOUNT OF $38,770 TO THE DEPARTMENT OF TRADE AND COMMERCE DEVELOPMENT'S BUDGET FROM THE COMMLNITY DEVELOPMENT BLOCK GRANT (6TH YEAR) (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 ty the following vote: LYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None .ABSENT: None �. AUTHORIZE AGRLi Mt.M:T: "INTEF-. ATIONAL CENTER OF FLORIDA" - OPEr�I;\G CERDIO\IES OF TELECO11TNICATI&S FAIR (COMUNICACION1S EXPO 31) Mir. Plummer: I move item 10. :Mayor Ferre: Is there a second? Father Gibson: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-164 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED HERETO BETWEEN THE CITY OF MIAMI AND THE INTFRNATIONAL CENTER OF FLORIDA, TO ASSIST LATCOM, INC. BY DEVELOPING, PREPARING AND AND COORDINATING THE OPENING CEREMONIES OF THE TELECOMMUNICATIONS FAIR ENTITLED "COMUNICACIONES EXPO 81" TO BE HELD Ili MIAMI DURING APRIL 26-30, 1981, USING FUNDS THEREFOR ALLOCATED FROM DEPARTMENT OF TRADE AND COMMERCE DEVELOPMENT BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED $10,000 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: 09 MAR 17 1981 AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 10. AUD101:IZE AGREEi.!'i�T: NIAiil RO'I'ING CLUB Mayor Ferre: Now we're on 11. Mr. Lacasa: I move 1.1. Mr, Ferre: Is there a second? Mr. Plummer: Mr. Mayor, I will second item 11. As you will recall, I had some big problems, not with this Rowing Club, but that it might possibly... territorial boundaries prohibit or inhibit the encouragement that I have tried to do for the helicopter service for that particular location. I am given every assurance by the administration that this in no way will affect a proposal for a heliport on that particular location, and as such, I have no problem with the item. Father Gibson: Mr. Mayor, I want to raise a question. When I talked with the Manager, I expressed to the Manager that I thought that the administration needs to go over to that area and measure off that land. It doesn't make sense. Every time we let a lease, somebody says well you know, you're on the part that we're supposed to have. You're in the midst of an argument right now. And I said to the Manager, why can't you, I said don't we have some engineers. I said why don't you say the most northerly point is this, and the most southerly point is that. That's the way you measure off land. And quit that foolishness over there. Now I have some concerns. I'd like for him to answer. Otherwise, when you go to lease that stadium out, you're going to have the same problem. Mr. Grimm: Mr. Vice -Mayor, we do have a map here which indicates the area that they're talking about in the lease which identifies not only its boundaries but its relationship to other presently leased lands. Father Gibson: All right. I just wanted to make sure we had that thing defined because every time it comes up we have the darndest arguments. Mayor Ferre: Well before we vote on this, I want to make sure we understand what the timing schedule of this. This lease will be for what period of time, with how long to renewal? And what if we decide to do something else with that property? How do we get them out? Mr. Grimm: Mr. Mayor, let me see if Mr. Gilchrist is here. I think he can answer those questions. 20 years. Mr. Ralph Condado: I'm Ralph Condado from the Miami Rowing Club. What we would like is a 20 year lease for the reason that we would like to build a restaurant facility and gym, training area that se do not have. We cannot finance any on a short term lease. That's what we have right now. (inaudible) .... what we would like to do is exchange that lease for this lease. ist 10 MAR 17 1981 Mayor Ferre: Well actually, the answer is not what you're saying. The answer is the lessor, which is us, may terminate this lease at any time u)on giving 6 months notice in writing of the lessors intention to cancel this lease, provided however, that the lessor shall pay the lessee tae actual cost of the improvements which is fair. And I have no problems w--th that. The only thing I didn't want is to be stuck there for 20 years and 10 years from now this Commission or a future Commission may want to do something. And you'd be in the way and then we'd have to buy yjur lease out. So I think this satisfies my only concern. All right, are there further questions on this item? If not, call the roll. The following resolution was introduced by Commissioner Lacasa , who mjved its adoption: RESOLUTION NO. 81-165 A RESOLUTION CONDITIONALLY AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI ROWING CLUB, INC. FOR A PORTION OF THE MIAMI MARINE STADIUM, IN SUBSTANTIALLY THE SAME FORM AS THE ATTACHED AGREEMENT (here foilcwq 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: Co-miissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 11. AUT'ciORIZE AGRZa:-Ei3T: It1PLE21;i;T PORTI0:7 DADE COUNTY CJ BLOCK GW'7T Fti[TDS STH AND 6TH YEARS CERTAIN SOCIAL SERVICE ACTIVITIES Mayor Ferre: Take up item 12. Father Gibson: Move. Mayor Ferre: Gibson moves 12. Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa. Further discussion? Call the roll. (CONTINUED NEXT PAGE) 11 1981 MAR 17 The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-166 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE PURPOSE OF IMPLEMENTING A PORTION OF DADE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DURING THE FIFTH AND SIXTH YEARS FOR CERTAIN SOCIAL SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO ACCEPT A TRANSFER OF FUNDS FROM DADE COUNTY IN THE AMOUNT OF $185,500 (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 Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 12. SELECTIOi; OF CITY *:A;iAGER - 15 BALLOTS (CONTINUED LATER Oct THIS SAME MEETING) Mr. Carollo: Can we move to item 1 now, Mr. Mayor? Mayor Ferre: Sure. We'll take up item number 1 which is selecting the City Manager. All right. I think we've been through this so many times that I don't think we need any special instructions of any kind. I think what we need to do, is if anybody has any guidelines that they want to set up before we get into this, please let me know, otherwise, we'll do it the way we've done it in the past. Mr. Carollo: Before we start, Mr. Mayor, I would like to make one stipulation for whomever we should chose as our permanent City Manager, and thCt is that if they don't live in the City of Miami, inside the City of Miami boundaries, they would move to the City of Miami within a 6 months period. I think it's only right that if we're going to pick someone for a City Manager they should be a resident of the City of Miami. If I could make that in the form of a motion to start off with... Mr. Plummer: I second it. Mayor Ferre: All right. The motion is then that the selection of a permanent City Manager that that individual, if he's not a resident of the City of Miami would be a resident within a 6 month period, and that's a condition of employment. Further discussion? Call the roll. CONTINUED ON NEXT PAGE 12 MAR 171981 t The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 81-167 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION THAT THE PERSON WHO IS SELECTED TO BECOME PERMANENT CITY MANAGER OF THE CITY OF MIAMI SHALL BE A CITY RESIDENT, OR BECOME A RESIDENT OF THE CITY OF MIAMI WITHIN THE PERIOD OF 6 MONTHS FOLLOWING THE DATE OF THE APPOINTMENT Upon being seconded by Commissioner Plummer, the motion was passed 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. Ferre NOES: None I�BSENT: None Yayor Ferre: All right, is there anything else that anybody wants to clarify before we get going on this? If not, you all have your ballots ;.n front of you, if you would mark it number 1 and pass it down to the Clerk, the Clerk will announce... Mr. Plummer: Mr. Mayor, are we going to nominate or are we just going to vote? :Mayor Ferre: Well, I have no objections, I have no objections to doing it either way. mr. Carollo: I don't either. I mean, we could do it this way. I think we all know who the people that applied for City Manager are... `'!r. Plummer: Well, I only, you know, the man that I am going to vote for is no problem. It is my understanding from some of the newspaper articles that I have read that there are names that are going to be voted upon today that have not been entered into previous voting. Mayor Ferre: I think they'll be entered the moment... Mr. Plummer: I have no problem with it. The man I'm going to vote for and am willing to nominate is in the contention. So you all do what you want. I don't care. Mayor Ferre: Well I would not want to restrict any member of the Commission from selecting or voting for any human being he or she wants to. So you know, I have no problems doing it either way. Mr. Plummer: Neither do I. Mayor Ferre: Are you ready to announce the results so we can go on with our agenda? 13 MAR 17 1981 BALLOT NUMBER 1 Fosmoen - Ferre and Gibson Gary - Plummer Cepero - Carollo and Lacasa BALLOT NLMER 2 Fosmoen - Ferre and Gibson Gary - Plummer Cepero - Carollo and Lacasa Mayor Ferre: Well we'll do this for a couple more times and if it continues that way, I think then we'll have to talk a little bit. Mr. Carollo: Mr. Mayor... Mayor Ferre: Yes, sir. Mr. Carollo: I would suggest, at least this Commissioners opinion, that before we start talking a little bit we let it go at least a dozen times or more. Yayor Ferre: All right, that's fine. All right, there's a request that we go at least a dozen times which is fine with me. Nr. Carollo: Before we talk a little bit. Father Gibson: 0, come on. Mr. Mayor, let me...a point of personal privilege. My bretheren, I just got out of the hospital. I don't plan to stay up here talking, you know. I don't plan to have you send me back to the hospital.. I'd like to reduce that number. I think a half a dozen times would be sufficient, and if not, then let's go on with the agenda and come back to it. .4ayor Ferre: Well Father, I think we can vote rather quickly. And we're now on ballot number. 4. Mr. Plummer: Well he's going to announce 3. It's 2-2- and 1. Now we're on 4. BALLOT NUMBER 3 Cepero - Carollo and Lacasa Gary - Plummer Fosmoen- Gibson and Ferre BALLOT NUMBER 4 Cepero - Carollo and Lacasa Fosmoen - Gibson and Ferre Gary - Plummer BALLOT NUMBER 5 Gary - Plummer Cepero - Carollo and Lacasa Fosmoen - Gibson and Ferre BALLOT NUMBER 6 Fosmoen - Gibson and Ferre Cepero - Carollo and Lacasa Gary - Plummer 14 MAR 17 1981 t V BALLOT NUMBER 7 Gary - Carollo and Plummer Fosmoen - Gibson and Ferre Cepero - Lacasa BALLOT NUMBER 8 F.�smoen - Gibson and Ferre Gary - Plummer and Carollo Cepero - Lacasa BALLOT NUMBER 9 Fosmoen - Gibson and Ferre Gary - Plummer and Carollo Cepero - Lacasa BALLOT NUMBER 10 Fosmoen - Gibson and Ferre Gary - Plummer and Carollo Cepero - Lacasa EALLOT NUMBER 11 Cary - Plummer. and Carollo Fosmoen - Gibson and Ferre Cepero - Lacasa lather Gibson: Can't we take up the agenda items and then say maybe at _l o'clock we can agree to talk? ,avor Ferre: All right. Mr. Carollo: I don't think there is anything more important on this agenda today than choosing the City Manager. :3ALLOT NUMBER 12 'epero - Lacasa Nary - Carollo and Plummer :osmoen - Gibson and Ferre dayor Ferre: All right, now that's the 12th vote and we'll take for another 15 or 20 minutes and then we'll see. If at that time we don't may any headway, then we'll go on and do other things on this agenda. So the floor is open for anybody who wishes to speak. Mr. Carollo: We're going to be talking more than the time we spent on the balloting. We said just talk a little bit now. Mr. Plummer: Joe, this is called lobbying time. Mayor Ferre: Go right ahead. I'll recognize whoever wants to talk. Mr. Plummer: Mr. Mayor, I would like to say just a few words. And I realize you understand that's difficult. Mr. Mayor, one of the most important things in my estimation that is facing this City, even though I don't agree with the morning tabloid that we are bankrupt, I think this City , as well as all cities across the United States, are faced probably with the most crucial financial problems not created by us but by others, that we will ever face. I have supported today Mr. Gary because Mr. Gary's background, the University of Michigan was in Public Administration, Economics, and Finance. Mr. Gary, as he has been with this City has been deeply involved in budget and as the Director, over director of the Finance Department. We are presently at the most crucial time of this City's year. The starting of budget and also labor negotiations. I feel that Mr. Gary's background in this particular area is ideally suited for the most important task that we are facing in the upcoming future. And that is the reason for my support of Mr. Howard Gary. 15 MAR 17 1981 Mayor Ferre: All right, any other statements? Mr. Plummer: I have no problem with putting if off for an hour, 2 hours, but I do agree with Mr. Carollo, before we leave here today, I feel every effort should be made to try to make this decision. Father Gibson: I'll buy that. Mayor Ferre: Any further comments at this time? Do any members of the Commission wish to vote one more time? Mr. Carollo: I certainly do, Mr. Mayor. Mayor Ferre: You do. The Chair will go along with that. We're now on ballot number 13. BALLOT NUMBER 13 Fosmoen - Gibson and Ferre Cepero - Lacasa Gary - Carollo and Plummer Mayor Ferre: We'll go for 2 more rounds, and then after that, we'll go on with the regular agenda and take this item up later on. we're now on ballot number 14. BALLOT NUMBER 14 :=osmoen - Gibson and Ferre Gary - Plummer and Carollo Cepero - Lacasa BALLOT NUMBER 15 cosmoen - Gibson and Ferre Gary Carollo and Plummer Cepero - Lacasa Mayor Ferre: All right, we'll not go on to item 13 and see if we can get through the morning agenda and come back to this..... Mr. Carollo: Mr. Mayor, if I may just have the floor to say a few words... Mayor Ferre: You may, sir. Mr. Carollo: I just dont' see what we're going to accomplish to leave this until later, until 1 in the morning like we leave some things that we prefer not to have to go over. I think that the most important thing on the agenda today is the selection of the City Manager. And at least there is one vote on this Commission in favor of keeping going until we get a City Managec. Mayor Ferre: We'll do this in an orderly fashion to see what the majority... Lacasa, before you leave —just a second. Mr. Carollo wants to continue th discussion and the voting. Father Gibson, do you wish to go to item 13 and go through the agenda or do you want to stick to the... Father Gibson: Item 13. Mayor Ferre: All right, Lacasa. Mr. Lacasa: What does Father want to do. Mayor Ferre: he want to go to the regular agenda and then come back to the selection of the Manager later on. 16 MAR 17 1981 it f t Father Gibson: Let's give a time certain if we do. Say at 11 o'clock we're going to ballot again. Mayor Ferre: Okay. Is that all right with you? Mr. Plummer: Is that acceptable? Mr. Plummer: I said before, as long as it's done before we leave here. Mayor Ferre: All right, we will come back in an hour to the balloting for the selection of a City Manager. In the meantime, we'll see if we can make some progress on the agenda for those that are waiting for items here this morning. 13. Ai-iEi:D CITY OF NIkIII CITIZEiv PARTICIPATIONd PLAIN CONFLICT OF I:,TERLST, ETC. Mayor Ferre: Item 13 is before us. "r. Plummer: I move it. Mayor Ferre: There is a motion on 13. Is there a second? -ather Gibson: Second. Mayor Ferre: Seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption.: RESOLUTION NO. 81--168 A RESOLUTION AMENDING SECTION B, PART III, OF THE CITY OF MIAMI CITIZEN PARTICIPATION PLAN ADOPTED BY THE CITY COMMISSION ON JULY 24, 1980 BY RESOLUTION NO. 80-563, EXPANDING APPLICIABILITY OF CONFLICT OF INTEREST AND NEPOTISM TO ALL INDIVIDUALS PARTICIPATING IN THE NEIGHBORHOOD ADVISORY PROCESS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None ON ROLL CALL: Father Gibson: Mr. Mayor, I want to raise a question now that w'eve past it. Ms. Spillman, I'm sure this is in your field. And I hope, I hope my fellow Commissioners will listen carefully about this. I can agree with what you're asking for here and I have no problem. I just hope that my fellow Commissioners will use the same sense and moral integrity 17 MAR 17 1981 ist Father Gibson (continued): as we deal with the business of the City. Otherwise. I can understand you don't want nepotism. I can understand basically you don't want no conflict of interest, and I love you for that, but I think that this Commission ought to, unequivicably take the same position in all of its business, which it has not done. And I raised the question this morning, Mr. Mayor, because I have mentioned it to you before. Note, I didn't debate this before you passed it. Didn't raise no question. I let you pass it and now I raised the question. Do we do this in all of our business? I hope the Commission can answer that for me this morning and it would be worth my getting up out of my sick bed to come here. You all know what I'm talking about. Everybody knows what I'm talking about. Mr. Carollo: Father, I'm a little slow sometimes. Why don't you make it clearer so we can all understand it. Father Gibson: Well it seems to me that we have a far more significant item facing us than this. And we ought to deal with it, we have dealt with this, now I want us to deal with that other item. Mr. Plummer: What are you talking about? Father Gibson: Conflict of interest. You heard what Dick Gerstein said when 'he was here some months ago. Do you remember that? Mayor Ferre: Oh, oh. Father Gibson. Right, right, right on Gibson. Mavor Ferre: He's talking about Leslie Pantin and Civil Service. Mr. Plummer: I know what he's talking about. Now I do. . Father Gibson: You may be excused Ms ... I made my point. You've served your purpose. Mayor Ferre: I think it has to do, obviously, with that marina, Miami Marina, and the fact that Mr. Pantin, who is here in the audience, is a member of the Civil Service Board and therefore is precluded from bidding. Mr. Plummer: Mr. Mayor, might I suggest, and I think Father, to you. that we passed number 13, which we've done. Then in any particular instances or specific cases be brought back to this Commission and deal with them accordingly. I don't know how, Father, on an agenda that is, to me you would be deviating from the agenda. Father Gibson: No, no. I don't want to hold up item 13. We have passed it. I just want to make sure that you deal with my concern at the very next meeting if you can't do it at this one. I want to keep you honest. Mr. Carollo: Well I think since we're talking about conflict of interest, We might as well throw our cards on top of the table and deal with all the items and all the little problems we've had in the past that are conflict of interest in the minds of some people. I think that it's about time we get a clear answer from our attorneys as to what a conflict of iterest is or is not. And not the type of answer that we don't need to pay $60,000 a year for that says it's up to us to decide it's up to us to decide what a conflict of interest is or is not. Mr. Plummer: Well, let's throw it on top of the table. Mayor Ferre: Well now, have we voted on item 13? All right do you want to stop here and go into something else... Father Gibson; No, sir. Let's keep on. ist 1s NIA R 17 19$1, f 14. ACCEPT ShCREATRY'S DISCRETIONARY GRNiIT HUD $1,150,000 ALLEVIATE CONDITIONS RESULTING FROM MAY 1930 CIVIL DISTURBANCE Mayor Ferre: All right, we're on item 14 then, which is accepting the grant from the Secretary for $1,160,000. Mr. Lacasa: Move. Mayor Ferre: ,Moved by Lacasa. Is there a second? Father Gibson: Second. Favor Ferre: Seconded by Gibson. Further discussion? Call the roll on 14, please. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-169 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT _ AND TO EXECUTE THE NECESSARY IMPLEMENTING CONTRACT AND AGREEMENTS FOR A SECRETARY'S DISCRETIONARY GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR $1,160,000 TO ALLEVIATE THE CONDITIONS RESULTING FROM THE MAY 1980 CIVIL DISTURBANCES (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 Fassed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 15. ACCEPT SECRETARY'S DISCU=10i+ARY GRANNT - HUD $1,010,000 CUBAN :iAITIAii 11IGRATIO14 Mr. Lacasa: Move 15. Mayor Ferre: All right, 15 has been moved, is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Call the roll, please. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-170 A RESOLUTION' AlTHORIZING THE CITY MANAGER TO ACCEPT AND TO EXECUTE THE NECESSARY IMPLEMENTING CONTRACT AND AGREEMENTS FOR A SECRETARY'S DISCRETIONARY GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR $1,010,000 TO ALLEVIATE THE CONDITION RESULTING FROM THE LARGE CUBAN/HAITIAN MIGRATION TO THE CITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre 140ES : None :ABSENT: None t N 16. SUPPORT FEDERAL LEGISLATIOii PE%I �ITTIfiG TAX EM&TION Oil PERSONAL SAVI14GS ACCOUNTS UP TO $5,000 Mayor Ferre: Take... Mr. Lacasa: Move 16. Father Gibson: Second. Mayor Ferre: There is a second on 16. Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-171 A RESOLUTION SUPPORTING FEDERAL LEGISLATION PERMITTING TAX EXEMPTIONS ON PERSONAL SAVINGS ACCOUNTS OF UP TO $5,000 PROVIDED THE FUNDS ARE USED FOR FIRST TIME HOME PURCHASES; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO CERTAIN DESIGNATED PUBLIC OFFICIALS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 17. SUPPORT RESTORATIGO OF FEDERAL TAX BENEFITS TO REiiTAL HOUSING PRODUCERS AND OWNERS Mr. Lacasa: Move 17. Mayor Ferre: All right, 17 has been moved. Is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion? Call the roll. (CONTINUED ON NEXT PAGE) 21 MAR 171981 The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-172 A RESOLUTION SUPPORTING RESTORATION OF FEDERAL TAX BENEFITS TO RENTAL HOUSING PRODUCERS AND OWNERS; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE MEMBERS OF THE FLORIDA CONGRESSIONAL DELEGATION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 1 ,0). DESIG"ATE UTILIZATIOv OF S",000,000 CITY OF � Ike l HOUSING BONDS ACQUISITIO?' OF LAND FOR LOW AND ii-ODERATE INC01"E HOUSING. Mayor Ferre: 17(a). Father Gibson: Move. Mayor Ferre: Moved by Gibson. Is there a second? Mr. Plummer: How is 17.... well, second for purposes of discussion? How is that money going to be spent? Are we going to do it or is HUD going to do it? Mayor Ferre: They've got to come back now with a specific plan and we've got to approve that, and the property that they're talking about, and whether they're going to do something. And then s bid procedure and the whole thing. This is just the beginning, I would imagine. Right? Mr. Plummer: This is just to sell the bond, is that correct? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Well, I'm not concerned about that as much as I'm concerned about who is going to be spending the money. Ms. Spillman: We haven't yet made that determination. Mr. Plummer: Then I would say that this is almost premature. Mayor Ferre: No, J. L. This is the beginning. This is step 1. We've got 10 steps to take on this. They've got to come back... Mr. Plummer: Well Mr. Mayor, the only problem... � MAR 17 19 81 ist t 4 Mayor Ferre: Excuse me. They have to go talk to bond counsel, then they have to see what the market is like, then they have to come up with a plan, then they've got to come back here and get the plan approved. Mr. Plummer: Maurice, my only problem is that this Commission, between step 1 and 10 in many cases, we never see step 2 through 6. Mayor Ferre: Well let's stipulate it here that the moment they've gone to bond counsel and have a preliminary plan that they bring it back to the Commission. Mr. Plummer: Then with that stipulation I'm comfortable, and call the vote. Mayor Ferre: All right, call the roll. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-173 A RESOLUTION DESIGNATING THE UTILIZATION OF $8,000,000 IN CITY OF MIAMI GENERAL OBLIGATION HOUSING BOND PROCEEDS FOR THE ACQUISITION OF LAND FOR THE DEVELOPMENT OF LOW AND MODERATE INCOME RENTAL HOUSING (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None FBSENT: None 19. URGE SENATORS CHILES AND Y.AWI:INS, REPRESENTATIVES FACELL, LEHMAN AI<D PEPPER TO SUPPORT LEGISLATION S-321 TO COU13TER I.R.S. REVENUE PROCEDURE Mayor Ferre: All right, now we're on 18. Who wants to move that? 'ir. Plummer: Move it. Mr. Lacasa: Second. *layor Ferre: Moved by Plummer and seconded by Lacasa. Mr. Carollo: What's this about? Is this something to do with the IRS? Mayor Ferre: Yeah. This is something which all the cities around the zountry are sponsoring and it's something that helps us in the process of selling our bonds. Is there further discussion on this? Call the roll. ist 23 MAR 17 1981 The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-174 A RESOLUTION SENATORS CHILES AND HAWKINS, AND REPRESENTATIVES FASCELL, LEHMAN AND PEPPER, TO SUPPORT LEGISLATION S-321 TO COUNTER I.R.S REVENUE PROCEDURE 80-55, IN ORDER TO PROTECT THE INTEGRITY OF THE BOND MARKET; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO CERTAIN DESIGNATED PUBLIC OFFICIALS (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 Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None r.BSENT : None 20. ISSUE VIASTE COLLECTIONQ LICENSES TO SEVERAL COMPANIES Mr. Plummer: Move 20. Mayor Ferre: All right, 20 has been moved... Mr. Lacasa: Second. Mayor Ferre: ...it's been seconded by Lacasa. Further discussion? Call the roll on 20. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-175 A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO GENERAL HAULING SERVICE, INC., MILLO TRASH SERVICE CORP. AND LAZAROS WASTE SERVICE, INC., FERMITTING THEM TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, (1980) (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: CONTINUED ON NEXT PAGE 24 IV,' R 17 1981 AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 21. DESIGN'ATE NEWSPAPERS FOR SALL OF DELII'QUENT LIDIS Mayor Ferre: Take up 21. Mr. Plummer: 21 is out of order. N.ayor Ferre: 21 is out of order? Mr. Plummer: Correct. r:ayor Ferre: Why is that? Mr. Plummer: That matter was resolved at the last Commission meeting. Mayor Ferre: No, no, there was a... Mr. Plummer: No, no, no. That matter was resolved at the last meeting. Mayor Ferre: I would like to, for the record, once again state, and on the record and with the concurrence of the Commission I reversed my vote. Mr. Plummer: I understand that, and that is part of the record, and it still passed with you changing your vote. Mr. Plummer: Mr. Clerk. Mr. Ongie: Mayor Ferre and Commissioner Lacasa changed their vote to no which was 2-2 and the motion was defeated. Mayor Ferre: So it is properly before us. Mr. Carollo: You're playing fast pitch here, Plummer. Mr. Plummer: No, I'm not playing fast pitch but I'm sure the record will not reflect exactly what was said, but go ahead. Mr. Ongie: Yes, sir, it was done on the public record. Mr. Plummer: Okay, go ahead. Mayor Ferre: All right, this is open for discussion. Mr. Carollo: Before we get into voting on item 21, Mr. Mayor, I think what we need to do is establish some guidelines as to what criteria we're going to establish. Mayor Ferre: Go right ahead. Mr. Carollo: We don't have any established as to what papers we're going to advertise in. Granted, I think in the major papers in town, we don't 25 MA 17 ' 981 Mr. Carollo (continued): have too many major papers in town and I think that's not the area where we're going to have some problems. The areas that we're going to have some problems in is the areas of the weekly tabloids. And this area I think needs to be looked into closely so that we can establish some guidelines and not just pick a paper that happens to be friendly to one member or another of this Commission so we dump the City monies into it not necessarily because this paper is going to be read, or it has a high subscritpion rate, but because it's positive, politically positive to one or another member of this Commission. Mayor Ferre: All right, any other statements on this? What's the wish of this Commission? Mr. Lacasa: I move that the newspapers selected are the Miami Times, Miami Review, Darios Las Americas, E1 Expresso, Fatria, and Universal. Mr. Plummer: I second the motion. Mayor Ferre: Further discussion? Mr. Carollo: In other words, Mr. Mayor, we are going to just pick newspapers at random, weekly tabloids at random, without establishing any kind of criteria, especially when a little over a year ago when we picked the ones we're going over aga-In it was stated it was going to be done in a rotating basis. Mayor Ferre: Commissioner Carollo, I'm perfectly willing to go along with whatever the majority of this Commission wishes to do. So if you have another proposal or if you have another motion I'd be perfectly happy to accept your motion.. Mr. Carollo: My motion is, Mr. Mayor, that we establish some kind of criteria for choosing: the weekly tabloids. Mayor Ferre: There is a substitute motion on the floor which is that before the selection of the newspapers proceeds, that criterias be established. Is there a second for the substitute motion? Mr. Plummer: Mr. Mayor, I have no problem with that substitute motion except when is the deadline that these things have to appear. You know, there is a certain deadline that you've got to publish or you're out of the picture. We're playing with some $60,000,000. Mr. Carollo: Mr. Grimm, can you go over the names of the papers again that we're going to chose? Mr. Grimm: The Miami Times, the Miami Review, the Diario Las Americas, E1 Expresso and Patria. The Miami Herald and the Miami News are not included. Mayor Ferre: You've missed one. Universal. Mr. Grimm: I'm only reading what's on... Mayor Ferre: No, sir. You didn't hear the motion that Mr. Lacasa said. Mr. Grimm: No, sir, I didn't. Mayor Ferre: There was a motion made and seconded by Plummer, which is that list plus one additional which is E1 Universal. Mr. Grimm: I apologize. I didn't hear that. Mr. Carollo: In other words, 2 newspapers in town whether any one on this Commission including myself cares about some of their articles or not. The 2 newspapers in this town that have the largest circulation that would reach the most people, we're not going to include them. M�,� .4 ? i98, ist FWs Mr. Grimm: That's correct. Mr. Plummer: Well, let me say as what I said last year. To me, the most important paper of all is the Miami Review. That is the legal newspaper, and that is a legal advertisement. That is a daily. Well excuse me, I don't think it's Saturday and Sunday but it's 5 days a week. Now any other papers that you want to go with are fine as long as the Miami Review is the most important. Becasue to me, that's where it should be. Mayor Ferre: We have a motion, a substitute motion on the floor and the Chair asks if there is a second. M. Plummer: Well let me ask the maker of the motion. Mr. Carollo, I've expressed my concern. If what your motion is intending to accomplish, the criteria be set for next year I have no problem with that. My only problem is that a delay at this time could jeopardize the legal standing o' this City with the collection of its taxes. M:. Carollo: J. L., I have no problem with the Miami Review. My problem is we're playing a very low political game here in choosing some papers not necessarily for the people that it would reach or anything else but only for political purpose so that members of this Commission can boost their ego and see nice articles written for them. Yr. Plummer: Well, I won't get into that but if it's the intent of your motion to set criteria for next year, I will second the motion without any question. 4:r. Carollo: Well, I am not going to vote on the motion as presented. I have no problem going with the Miami Review. If there is a motion gust to advertise in the Miami Review until we establish criteria I will go along with that but I'm not going to vote on a motion that includes lot of papers, some which haven't even been out for a year yet. I.fr. Plummer: Well Mr. Mayor, procedure wise, there is a substitute motion offered. There is not a second. Hayor Ferre: Well I haven't called that yet. This is the last time... Mr. Plummer: I then will second the motion with an amendment. Mayor Ferre: There is a substitute motion second..... let's see, you state the amendment and we'll see if the maker of the amendment accepts it. Mr. Plummer; The amendment is that the criteria be set for 1982. Mayor Ferre: Does the maker of the motion accept that? Mr. Carollo: No, Mr. Mayor, because I think that this whole process being political, if members of this Commission want to use money to get good publicity for themselves, or bad publicity for others in newspapers, they should go out and start collecting money for their campaign in November now and not use City monies to accomplish that goal. Mayor Ferre: All right. The maker of the motion says he does not accept the amendment proposed. Do you still want to second it? Mr. Carollo: It's bad enough that we have some of the people in some of these newspapers already employed in either some City jobs or indirectly getting paid through other programs that the City sponsors. What else are we going to do? Are we going to start printing the paper for them too? Mayor Ferre: Do you second the motion? Mr. Plummer: Mr. Mayor, the substitute motion is on the floor and duly seconded. 2'7 ist h^ A c 17 101 Mayor Ferre: And duly seconded? Mr. Plummer: I second it. Mayor Ferre: I'm explaining once again, that the seconder of the motion did not accept your criteria for the seconding. Do you still want to second it? Mr. Plummer: I understand that. Sure. Mayor Ferre: All right. In other words, that the criteria should be established at this time. That's the seconding motion. All right, call the roll. Mr. Carollo: Would you repeat the motion again? That criteria be established now? Mayor Ferre: Right now. Mr. Plummer: It's your motion. Mr. Carollo: Repeat the motion again. I want to be sure that everybody understands it. Mr. Plummer: That the motion is that certain criteria be set for the selection of newspapers to publish the delinquent assessment liens for property taxes. Mr. Carollo: Exactly. Now if you want to include in that motion we could approve the Miami Review so that we... Mayor Ferre: No, no. no. Don't mix apples and oranges. If you win this then you can do it on the second motion. All right, call the roll. MOTION DEFEATED. On motion by Commissioner Carollo and seconded by Commissioner Plummer, the foregoing motion was defeated by the following vote: AYES: Commissioner Joe Carollo NOES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: None Mayor Ferre: Now on the motion... Mr. Plummer: To the main motion. Mayor Ferre: Now I think, however, Plummer... I'm sorry, there's a main motion but after that... Mr. Plummer: I'll make the other motion after that or let Joe make it if he wishes. Mayor Ferre: All right, call the roll on the main motion. 28 h4 i, 17 1981 f f The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-176 A RESOLUTION DESIGNATING NEWSPAPERS IN WHICH THE NOTICE OF SALE OF CERTIFICATES ISSUED BY THE CITY OF MIAMI FOR DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS SHALL BE PUBLISHED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: None FOLLOWING ROLL CALL: Yayor Ferre: Okay, now J. I. do you want to make a motion for next year? r.r. Carollo: Mr. Mayor, it's totally absurd to make a motion for next year. The way that this Commission is behaving, it's behaving no better than some of these dictatorships individual members of this Commission f.ave talked so badly against. This is a joke. We're throwing tax payers money out the door with no consideration whatsoever. And it's totally absurd for now to people look at me and say well why don't you make the motion for next year. And then next year if the same players are still around, we're going to make it for the following year. If somebody wants to make it go ahead. 22. DISCUSSIO` AND DEFERRAL Or BID ACCEPTA110E ON AUTO RrI.TALS (POLICE DEPARTIiE*r;T) Mayor Ferre: All right, we're now on item 22 which is automobile rentals, Police Department, Avis Rent -a -Car. Is there a motion? Father Gibson: Move. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded. Under discussion? Mr. Carollo: Yes, Mr. Mayor, I'd like to get some answers from the Police Chief. Mayor Ferre: Chief Harms. Mr. Carollo. Mr. Carollo: Chief, the memorandum that I received from your office answering some of the questions, not all that I asked, as far as 24 hour a day cars, did it include all the 24 hour a day cars that are assigned to the Police Department? �^; ist 29 �,. 171981 Chief Harms: Based on my copy of the memorandum, the answer to that is yes it did. Mr. Carollo: Did it include rental cars that are assigned on a 24 hour basis? Chief Harms: To my knowledge, we have no rental cars that are assigned on a 24 hour basis. With the exception of those assigned specifically to units that utilize those vehicles in investigations. Those vehicles are not considered as 24 hour take home vehicles. I want to differentiate for you if I may. Mr. Carollo: But you do assign a lot of rental vehicles on a 24 hour a day basis for a length of time. Chief Harms: To the specific units but not the individuals and they are not used by the individuals within those units as take home vehicles. It is assigned strictly for the conduct of the investigations. Mr. Carollo: The other question that I have is I request from you Chief to justify for me individual by individual the reason why all the personnel that you have that have 24 hour a day cars need them for. That was not done for me individual by individual. It was done to me in a very general basis without going into specifics for individual persons. Now Chief, I think you kc:ow what I'm getting at. We have 5 members of this Commission, at least to my knowledge, none of us, or at least the majority of us do not have 24 hour a day cars assigned to us, nor does the City pay any of our gas because we don't have those cars assigned. I find it hard to conceive that we have people whose responsibility, in some cases, don't even come near to what the responsibilities of each member of this Commission comes to, and they are assigned a 24 hour a day car with all the gas tut into it for whatever use they have for it. I have a hard problem with that. Maybe you can give me some answers on that but I can't find any. Chief Harms: Commissioner, I think that the justification in the said piece speaks specifically to the issues and the questions that you raised. We talked about the 24 hour vehicle we certainly included within that group a large number of vehicles that are assigned to the enforcement units so that we provide justification for a single individual in any enforcement unit. We in fact, provide justification for all. The same applies to the K-9 Unit. Getting to the staff level officers pf t.je department... Mr. Carollo: This is what I'm referring to, Chief. The staff level officers, in many cases and a lot of the individuals that don't have that definite need for a 24 hour a day car. K-9 units, I realize why they need it. Those are dogs who are trained with an individual. They can be called at any given time, they take care of that dog. I have no problems with those. With the motormen, I also realize why they have those motors 24 hours a day. But there are a lot of other individuals there that I just cannot see the justification for them. Chief Harms: I feel that the justification request that you made to satisfy my response to you, and I'll be happy to read it into the record if you... Mr. Plummer: Chief, that's not the point. Mr. Mayor, look, I was not here when this came up before but Chief, the man is asking a request on individual people. Now, I think it behooves you to answer the request and not in a broad term. And as far as I'm concerned, if you can do it by this afternoon, I don't ... how many cars are involved? Chief Harms: There is a a total of 56 units including the K-9, and including motors. Mr. Plummer: All right. Well motors and K-9 are of no contention to the Commission so how many cars then are involved? Roughly. 1st 30 MAR 17 � y 81 Chief Harms: The balance. Mr. Plummer: The balance, eliminating K-9 and motors. C'iief Harms: That's correct. Mr. Plummer: How many then? What's the balance? 20, 30? Mr. Carollo: Approximately Mr. Plummer: Well look, as far as I'm concerned, the man is entitled to an answer. His question is specific. Chief Harms has a car. He wants a justification. I assume the 2 assistant chiefs have cars. He wants a justification. Now if you can do that by this evening and bring it back, we'll approve it or disapprove, or you can put it off until the next meeting. But if the man has asked a specific question, he's entitled to a specific answer. And for us to sit here and to hash it out, Chief Harms: Did you read the justification that I issued in the memorandum? Yr. Plummer: No. I have no questions on it. Mayor Ferre: It's so brief that we'll just read it into the record? You're talking about the March 12th memorandum? Chief Harms: Yes, sir, that's correct. Favor Ferre: It says, to date no purchase order has been issued for the Furpose of obtaining rental vehicles for the Miami Police Department. 'he result has been a serious curtailment of the operational needs c:f this department and the furtherence of investigations into police corruption, official misconduct, narcotics, organized crime, terrorism, Lnd illegal gambling activities. It is essential that this issue be addressed as soon as possible. Your assistance in this matter woiuld t-e greatly appreciated. Now Chief, my answer to you... Chief Harms: I'm sorry, Mr. Mayor. The February 24th memo is the one that I'm referring to that contained a 5 or 6 paragraph justification and was spoken to at that time. Pir. Carollo: That's correct, Mr. Mayor. There's a 5 paragraph for an explanation. Not much longer than that. But again, it's a very general explanation. I specifically requested that we go individual by individual in justifying this. Chief Harms: I will attempt to provide that level of information by this afternoon. The position that I stated in my memorandum is still =onsistent and it deals with a curtailment in service. Very important in this community as a result. Mayor Ferre: See Chief, I think the point basically is this. For whatever reasons, which I don't think are really that essential or germain to this particular point, Okay. Now there's been a request by a member of this Commission for specific information. And I think it is a reasonable request. Now that request was made a month and a half ago, or at least a month ago. Is that correct? Mr. Carollo: Approximately. Mayor Ferre: And I think what Plummer is saying is that he thinks, and I concur with Plummer, that this Commission is entitled to specific answers to specific questions. Chief Harms: I don't want to leave you with the impression that I don't agree. What I indicated to you a few minutes ago, and I'll reiteriate, is that my impression at the time, I satisfied the Commissiners inquiries. But if that's not the case, I'll be more than happy, I'll be most pleased to provide whatever information is necessary for Commissioner Carollo so that he and the others can make the important decision on this very important issue. 31 ist Mayor Ferre: And please understand, that every member of this Commission is just as interested in curtailing police corruption, official misconduct narcotics, organized crime, terrorism, and illegal gambling activities as you are. And I think, you know, it's...if we want to move on ahead, then I think —please submit the information. Chief Harms: I will, Mr. Mayor. We're not working at cross purposes on this. Mr. Plummer: All right, so we defer item 22. DISCUSSIOid k4D TC"I.1PORARY DEFERRAL OF: 23. WAIVE REQUIREMENT FOR FORMAL SEALED BIDS 7 DIGITAL VOICE PRIVACY SATELLITE RADIO SYSTLIi SETS Mayor Ferre: How about item 23. Mr. Plummer: I move 23. Mayor Ferre: Is there a second on item 23? Mr. Carollo: Can I also get some imput from the Chief on this? Mayor Ferre: Joe, in a second. Is there a second? Mr. Carollo: I'll second it for the purposes of discussion. Mayor Ferre: Okay. Now Mr. Carollo, you're recognized. Chief. Mr. Carollo: Chief, item 23 and actually 24 are both connected. You can't have one without the other. Can you explain to us exaclty what a 7 digital voice privacy satellite radio system set is for those that don't understand exactly what it is used for? Cheif Harms: Essentially what this equipment would permit us to do is to increase our investigative capability and to avoid some of the hazards associated with the kind of sophisticated investigations we're currently handling. That's a scrambler system which permits us to get away from the standard frequencies that we have been using in certain types of surveillances. The problem that we've had in the past with the standard frequencies is that they are pretty generally known to many of the people who are engaged in criminal misconduct. As a result, many of the investigation we're involved with are in fact jeopardized by this type of information in the hands of those who are willing to commit _ criminal offenses within the comminity. In terms of a specific description, a technical description, we can provide it, we can devise that but in all honesty, I''d have to inaicate to you, I think that a complete and thorough explanation of that equipment in this forum will play in the hands of many within this community who would use that information to their advantage in violating the law. I understand your concern and I appreciate the extent..... Mr. Carollo: In that case, can you give us either a personal verbal description, at your convenience, or if you like, a written individual description. Whichever you think is best. If you don't like to give it in writing, you could give it personal. Chief Harms: I'd be more than happy to supply to you and to the Commission the description and the capabilities of the equipment itself. It will enhance our investigative capability particularly in the area of Title III, Court authorized interceptive investigations. Mr. Carollo: The other question I have for you, are there any other departments in Dade County, including the Public Safety Department, if they have these in their departments. 32 � - 8 ist r i W Chief Harms: Yes, there are other departments that have part of but not the exact equipment that we're asking for. The investigations that we involve ourselves in are in fact joint ventures with the Public Safety Department and the State Attorney's Office, Florida Department of Law Enforcement and other law enforcement agencies within South Florida. They do not have the scrambling capabilities that this equipment would provide for us. At least not to my knowledge at this point and has not been available to us in the past for the conduct of those investigations. Mr. Carollo: In other words, Chief, to your knowledge, we would be then the only department that would have this capability. Chief Harms: Commissioner, I would have to make an inquiry on that but certainly the state of the art within the design of the equipment itself would permit us to coordinate investigations with other agencies on different frequencies because of the capability of frequency cnange itself. It has a infinite number of.... Mr. Plummer: 33,000. Chief Harms: Almost an infinite number. It has a fery large number of frequencies that would be available to us through the adjustment on the equipment itself, so we could interface with their equipment. Mr. Plummer: You understand, the 7th one is for Commissioner Plummer. Chief Harms: Yes. I thought that went without saying. Mayor Ferre: That's what we're all afraid of. Mr. Plummer: I paid $400 for a monitor and now he's going to blow me out of my $400. Mr. Carollo: I guess the direct question I'm asking you Chief, and I would like an answer to it before I vote on this is, are there any other departments that presently have a system as good as this or not. Or is this going to be the top of the line, that we will be the only department that would have it? Chief Harms: There are other departments across the country that have the capabilities. Specifically in the South Florida or Dade County area I don't believe that there are. This is a fairly small system as you can see by the indication in terms of of the quantity we are ordering. We would hope in the coming years to add to that base equipment to permit an expanded capability for investigation. Mr. Carollo: See... Cheif Harms: I will respond to that Commissioner to the best of my ability when I provide the written response to the questions that you raised today. Mr. Carollo: My concern is this, Chief. I complement you in trying to get the best equipment you possibly can for your department to try to control crime and criminals in the best possible way with the best equipment that's available in the market. My concern is, Chief, that as least as I see it as one individual on this Commission, that at the present time our biggest concern and our biggest effort, and our largest amount of money should be put to use in patrols, visible patrols in the streets. I don't think I have to go into just how bad crime is in our City. I think we all read the Miami News of yesterday. I happen to agree with them that we are certainly number 1 and I think we've been number 1 for quite a while in high crime. And I'm just concerned that maybe because of the department, our Police Department trying to fight crime in so many other areas that we should be trying to fight crime in but that those areas are the main responsibilities of the State of Florida, Dade County, or the Federal government, that maybe we're not putting enough resources, 33 ist Mr. Carollo (continued): or more resources than we could into visible marked units out on the streets to stop the type of crime that's really affecting the lives of every one of us. So, this is part of the reason for my question, Chief. So the minute you provide those answers for me I think we can get on and take a vote on this. Mr. Plummer: Joe, I can tell you that I think that there are 11 other cities who have these same units. Mr. Carollo: In Dade County? Mr. Plummer: No, not in Dade County. There are none in Dade County. Mayor Ferre: Do you want to hold up the vote.... Mr. Carllo: I would like to if I possibly could. Chief Harms: Commissioner, I would point out to you funding the major portion certainly on item 23 is funded by the Federal government. Again, I would be happy, I'll be more than pleased to respond to your questions in writing for you. Mr. Carollo: 7t will be approximately $35,011 that the Federal government will provide and we'll be putting in $5,891. Chief Harms: That's correct. Mr. Carollo: Now for the portable receiver. Will we be supplying all of it or... Chief Harms: We'll be supplying all of it through the Capital Improvement budget, it it's approved, for this fiscal year. Mr. Carollo: So we're talking approximately a little over $15,000. chief Harms: Approximately, yes, sir. ::r. Carollo: A1.1 right, Chief. Thank you very much. I'll expect a letter from you then. Mr. Plummer: Well wait a minute, excuse me. Where are we left here now? Mayor Ferre: That means he withdraws his second to item 23 and he's requesting that the Chief come back this afternoon, I would imagine. Chief Harms: No, sir. That was on item 22. In terms of items 23 and 24, if I could provide it by this afternoon I certainly will. Mayor Ferre: That's what I'm saying. Mr. Plummer: Well what is the question. Mr. Carollo: The question is, J. L., that I've asked some specific questions and the minute that I get those answers either in writing or personally, whichever he prefers. If this is a touchy area, I can understand maybe why he would not want to put it in writing so I left it up to his discretion. Mr. Plummer: Do you understand the questions? Chief Harms: Yes, I do. Mr. Plummer: Well I didn't but if you do, that's what's important. Mr. Carollo: So I move to defer items 23 and 24 until I get the answers from Chief Harms.1 Chief Harms: Yes, sir, either personally or in writing. ist 34 [-,,An 17 1581 Mayor Ferre: Well actually, we don't need to have a motion for deferral, we'll just hold it up and we'll take it up this afternoon. Okay? If he has an answer. And if doesn't have an answer, then I'll accept your motion to defer at that time. Mr. Plummer: Chief, I have a question in this area also which I hope will be answered and that is, on this kind of equipment is the servicing of this equipment included in the cost. So you can answer that also this afternoon. 24. ACCEPT BIDS: OF PUBLIC SAFETY DEVICES, INC. FO'Z 3� POLICE CAR PARTITIONS Mr.. Plummer: I move item 25. Mayor Ferre: There's a motion on item 25. Father Gibson: Second. Mayor Ferre: Seconded by Father Gibson. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-177 A RESOLUTION ACCEPTING THE BID OF PUBLIC SAFETY DEVICES INC. FOR FURNISHING 33 POLICE CAR PARTITIONS FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AT A TOTAL COST OF $6,105.00; ALLOCATING FUNDS FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: .AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 35 25. AUriORIZE PURCHASE OF TWO ADDITI00AL AUTOMOBILES DZPARTMENT OF BUILDING AiiD VEHICLE 11AIATL1iAiiCE Mayor Ferre: 26. Father Gibson: Move. Mayor Ferre: Moved by Gibson. Mr. Plummer: I've asked a question on 26 that I haven't got an answer. I want to know where this company Figueredo Chevrolet is. Are we doing business out of Dade County now? Mr. Clark: That's the former Sark Chevolet. Mr. Plummer: Is that in Dade County? M:. Clark: That's in Dade County. Mayor Ferre: Things change, Plummer. You've got to change with them. Mr. Plummer: I don't mind changing, I just like to know where they are. Mayor Ferre: All right, are you ready to vote on that? It doesn't have a second, item 26. That's Figueredo Chevrolet. Mr. Carollo: Yes. Mayor Ferre: Seconded by Carollo. Further discussion on item 26? Call the roll. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-178 A RESOLUTION AUTHORIZING THE PURCHASE OF TWO ADDITIONAL AUTOMOBILES FROM FIGUEREDO CHEVROLET IN ACCORDANCE WITH BID NO. 80-81-7, ORIGINALLY AWARDED BY RESOLUTION NO. 80-909 ON DECEMBER 17, 1980 FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST OF $10,888.00; ALLOCATING FUNDS FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 36 V" "%R 17 '981 0 dr 26. ACCLP1 BID: E.V.F., Ii+C. FOR 4 RESCUE AMBULANCE VEIiICL:.S Mayor Ferre: Take up 27. Father Gibson: Move. Mayor Ferre: Moved by Gibson, is there a second? Md. Plummer: I... Mayor Ferre: Second. Under discussion' M-. Plummer: Yeah. Mr. Mayor, I want it to be known that I'm very unhappy with the price. The Chief has justified the price but 1 think lioking to the future, I think we'd better start considering doing some of this, Mr. Cox, in-house. Because I want to tell you, the prices of these vehicles are just going out of question. We need medical services in this community and we're proud of our medical services. When we start paying $55,000 for what a lot of other cities use station wagons for. Let me lay it right on the line. My problem is that we are now going into the ambulance business and that's what;s costing us the money. The Chief is aware that I have a problem with the City going in the ambulance buiiness. If we weren't, we could transport those 4 men in a station wagon just as ease. What's really building this price up is the fact we're providing. ambulance service now. I think we'd better start giving some serious thought to that, I really do. I'm all in favor of the motion as it appears. Call the roll. The following resolution was introduced by Commissioner Gibson , who coved its adoption: RESOLUTION NO. 81-179 A RESOLUTION ACCEPTING THE BID OF E.V.F., INC. FOR FURNISHING 4 RESCUE AMBULANCE VEHICLES FOR THE DEPARTMENT OF FIRE; AT A TOTAL COST OF $226,700.00; ALLOCATING FUNDS FROM THE FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUND IN THE AMOUNT OF $214,700.00; AND FROM THE FLORIDA POWER AND LIGHT FRANCHISE FEES IN THE AMOUNT OF $12,000.00; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 37 I 27. ACCEPT BID: KVIK-MIX COriCRLTE CORPORATIOF FOR DEPARTIiLiiT OF PUBLIC WORKS Mr. Plummer: I move 28. 11 Mr. Lacasa: Second. Mayor Ferre: All right, there's a motion and a second on item 28. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-180 A RESOLUTION ACCEPTING THE BID OF KWIK-MIX CONCRETE CORP. FOR FURNISHING APPROXIMATELY 3,600 CUBIC YARDS OF READY -MIX CONCRETE ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF PUBLIC WORKS; AT A TOTAL ESTIMATED COST OF $150,660.00; ALLOCATING FUNDS FROM THE 1980-81 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE (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 Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None j MAR 17 1901 20. ACCEPT BID: DIZT C:tAFT, INC. FOR LAY CARE FOOD P %OGFAM Mayor Ferre: 29, Day Care Food Program. Who moves that? Moved by Carollo, seconded by Gibson. Further discussion? Call the roll on item 21. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-181 A RESOLUTION ACCEPTING THE BID OF DIETCRAFT, INC. FOR FURNISHING THE DAY CARE FOOD PROGRAM FOR ONE YEAR ON A CONTRACT BASIS FOR THE DEPARTMENT OF LEISURE SLRVICLS; AT A TOTAL ESTI�.ATED COST OF $59,812.50; ALLOCATING FUNDS FROM A GRANT FROM THE C.S. DEPARTMENT OF AGRICULTURE; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE (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 Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NJES: None ABSENT: None 29. i:KTLJD AG:7.EE1:I:u71: JXIES E.. SCOTT C0:%11-11TY ASSOCIATIO:! PAf'd: LA:,-DSCAPL T&AI:`L1G P:OGFA1". Mayor Ferre: Take up item 30. '.ather Gibson: Move. Mr. Carollo: Yes. Mayor Ferre: Its been moved and seconded. Call the roll The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-182 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH JAMES E. SCOTT COMMUNITY ASSOCIATION, INC. IN SUBSTANTIALLY THE FORM ATTACHED THERETO, FOR THE PURPOSE OF PROVIDING PROFESSIONAL TRAINING SERVICES IN THE AREA OF VOCATIONAL SKILLS FOR THE CITY OF MIAMI'S CETA TITLES II-D AND VI PARTICIPANNTS WITH FUNDS THEREFOR ALLOCATED FROM THE CITY OF MIAMI'S CONTRACTS WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAILING CONSORTIUM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 30. APPi.OVi RECOi2_Lr'DATIOi4 FOP. PURCHASE. OF ORIGI,•:AL 11ORK OF ART SCULL SISTLF.S FOF. LITTi.L HAVP..+A COiZAT-llTY C INTER Bi.ILF DISCUSSI01; ON P.uVA TIi:G OF BIDDING PROCEDURES Mayor Ferre: 31. Father Gibson: Move Mr. Lacasa: Move. Mayor Ferre: Moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-183 A RESOLUTION APPROVING THE CITY MANAGER'S RECOMMENDATION TO PURCHASE AN ORIGINAL WORK OF ART FROM THE SCULL SISTERS FOR THE LITTLE HAVANA COMMUNITY CENTER FOR AN AMOUNT OF $4,800; AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $6,000 FOR (1) SAID WORK AND (2) RELATED WORK TO PROTECT AND HANG THE WORK OF ART, AND (3) ALLOCATING $6,000 FROM COMMUNITY DEVELOPMENT FUNDS FOR SAID PURPOSES (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). 40 M''.'' i 7 19 $1 Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None FOLLOWING ROLL CALL: Mr. Plummer: Mr. Mayor, can you hold up one minute. I want to bring to your attention. You know, at the last meeting I was very concerned about the Little Havana Activity demolition. Do you remember that? Mayor Ferre: Little Havana? Yr. Plummer: The demolition of that building. Now, Mr. Mayor, I asked and only voted for that based upon that the bid procedure be presented to me. row I want to show vou, because I think the people have done themselves in. Yr. Mayor, we're talking about a contract that came in at $16,000, the total contract. Now I want to tell you, my concern was that out of 40 some names, cnly 3 or 2 companies picked up bids. Mr. Mayor, I have screamed and hollered around here for years about the bidding procedure. Now a $16,000 job, I wart to tell vou this is what a man is asked to fill out and read and understand. The way City operation is, I have to believe that this took trust have cost 4 or 45,000 to put together.. And here we are talking about a bid for a total of $16,000. Is there any wonder or question in znybody's mind what people don't want to do business with the City of Miami. If I was a contractor, I don't think I would want to take and spend all c.y time for a $16,000 job to read, understand the techinical and financial. I'm saying to you, Mr. Mayor, that I think that this procedure cries out for revamping. Dayor Ferro: That's why we have Peat Marwick... that's the name of those people here with Porter Homers. Porter Homers outfit. Booz Allen. Isn't Looz Allen looking into this? N.r. Grimm: Yes. Mr. Plummer: I'll wait. 31. DEFERRAL OF PURC?,ASE OF ORIGII;AL WOPU" CF ART FOR SOLID WASTE, DEPARTi•iE:?T ADiiIi�IST.RFTIOiq BUILDIIX Mayor Ferre: All right, we're now on 32. All right moved by Gibson. Is that what you said? Is there a second? Mr. Lacasa: Second. Mr. Plummer: What item. Mayor Ferre: 32, this is the item. It's been moved by Father Gibson, seconded by Armando Lacasa and you have the floor. Mr. Plummer: Mr. City Manager, is this figure representative of the County ordinance requiring, I think it's 1 or 1 1/2%? Mr. Grimm: I'll say the answer to that is yes, but I notice Mr. Kaufmann is here who handled this and he can probably answer more definitively than 1. It is 1 and 1/2%. 41 ist MAR 1- 7 1981 Mr. Plummer: That is the ordinance but this dollar figure, how does that relate to the 1 1/2? Mr. Grimm: Well it was about a $1,000,000 project. So 1 1/2% on that would be in the neighborhood of $15,000. Mr. Plummer: That's the reason for my question. Mr. Grimm: ...and I see a number here of 15,870 so I would say that was close enough. Mr. Plummer: I see a figure of 9,900. Mr. Grimm: Well the total amount allocated for the art work is close to 16,000, Commissioner. Mr. Plummer: That's not in the ... that's not in the motion. Mr. Kaufmann: Mr. Mayor and members of the Commission, the total amount of money is approximately $15,600 of which the sculpture is worth 9,900 The remaining art work has not been selected for approval by the Art in Public Places Committee. They are still working on it. Mr. Plummer: No it's not for the art work. This is for the artist. Mr. Kaufmann: Yes, sir. Mr. Plummer: That's my problem. Mr. Grimm: No he's saying it's in 2 parts, Commissioner. Mr. Plummer: Excuse me. Mr. Grimm: He's saying is in two parts. Mr. Plummer: No, what he's saying is exactly what my problem is. We're paying 2/3rds for the artist, and 1/3rd for the actual work. That was never the... Yr. Kaufmann: No, sir. Yr. Plummer: Excuse me. Yr. Kaufmann: It's $9,900 to the artist to produce this particular... Mr. Plummer: Correct. Mr. Kaufmann: ...period. And then it's approximately $6,600 remaining for other art work which the Art in Public Places Commitee is still recommending........ Mr. Grimm: In other words, this is not all of it. Mr. Plummer: Well I think the matter ought to be deferred until such time that we have the total picture. Mr. Kaufmann: Well the Art in Public Places Committee has decided that the major piece, the sculpture fitting for the building, on the inside have a mural or some other wall hanging and they are still in the process of selecting both the artist and that particular piece of work. Mr. Plummer: Mr. Kaufmann, I would never deny them their right to their opinion. Nor are they going to deny me my right to vote on their opinion. And I move, Mr. Mayor, that item 32 be deferred until such time as the entire package is delivered to us. Mr. Kaufmann: You understand, Commissioner, that those are 2 independent... Mr. Grimm: He understands. ist 42 "�, 17 1981 Mr. Plummer: No, you don't understand, it might not be. That's what I'm trying to tell you. Now, the committee is entitled to their opinion, but they don't vote. I have a problem with spending more money for an artist than we do the art. And when we start going... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: ...well, when we start going for original sculptures instead of spending the money for more visible situations, as I thin where we're deviating from what the intent of Jack Orr tried to create. And I would move that item 32 be deferred. Mayor Ferre: There is a motion on item 32 for a deferral as a substitute motion. Is there a second to that? Mr. Lacasa: Second. Mayor Ferre: All right, its been seconded. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-184 A MOTION OF THE CITY COMMISSION DEFERRING CONSIDERATION OF THE SELECTION OF AN ARTIST TO CREATE AN ORIGINAL SCULPTURE FOR THE SOLID WASTE DEPARTMENT ADMINISTRATION BUILDING PENDING FURTHER DETAILS TO BE SUBMITTED TO THE CITY COMMISSION Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: LYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre DOES: None ABSENT: None 32. ACCZPT COIIPLLTED WORK: TH ODORE R. GIBSON PARK - PHASL II Mayor Ferre: Plummer moves 33. Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-185 A RESOLUTION ACCEPTING THE COMPLETED WORK OF L.G.H. CONSTRUCTION CORPORATION AT A TOTAL COST OF $1,474,737.96 FOR THEODORE R. GIBSON PARK -PHASE II: AND AUTHORIZING A FINAL PAYMENT OF $147,968.80 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). 43 Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre 11 NOES: None ABSENT: None 33. APPROVE INCREASE Iv! CONTRACT: P.E.I'i. CORPORATIONl FOR LITTLE HAVAivA C.D. STRLLT IlimROVEI.EijiIS Mayor Ferre: 34. Mr. Plummer: Move it. '.Mayor Ferre: Moved by Plummer. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-186 A RESOLUTION AUTHORIZING INCREASE IN CONTRACT IN AN AMOUNT NOT TO EXCEED $30,000 BETWEEN THE CITY OF MIAMI AND P.N.M. CORPORATION FOR THE CONSTRUCTION OF LITTLE HAVANA C.D. STREET IMPROVEMENTS - PHASE I, SAID AMOUNT TO BE PROVIDED FROM COMMUNITY DEVELOPMENT FUNDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 44 17 1 98 I 4 34. DEFER DL11OLISHI11G OF S.C.L. RAILWAY STATION: PZ171DL.G STUDY :Mayor Ferre: Take up 35. Mr. Plummer: Mr. Mayor, I want a question on 35, the reason for tearing it down. We could maybe utilize that building at the present time for some City operation. If there's an urgency, the building is in unsafe condition, that's... Mayor Ferre: Are you talking about 35? Mr. Plummer: I'm talking about the old Seaboard Railroad Station. I don't know what we're going to use vacant land for at the present time. Mr. Grimm: Well you remember, that the Commission requested that we investigate the tossibillty of putting basketball courts or tennis courts. Mr. Plummer: That could be done in the parking lots. Mr. Grimm: Well, when Seaboard continued its operation in that buiilding, that building is over 40 years old... Mr. Plummer: So is my house. Mr. Grimm: ...they had one of those structural evaluations made to the building at that time. And they had to do rather extensive repairs just to maintain it for another 2 years. Now as an example, some of the problems that building is creating for us, either last weekend or the weekend before, on a Sunday somebody went in and took the overhead doors right off the building. We've had a constant battle trying to keep i.t boarded up to keep vandals and bums out of it, not too successfully. Mr. Plummer; Mr. Grimm, I understand that because the building is abandoned. Okay? And that happens with all abandoned buildings such as the news towers and all the rest of them. What I'm saying is is there any way that this City could utilize that building until the need has been established for that particular parcel of property. Mayor Ferre: How about a forensic hospital. Mr. Plummer: A forensic hospital is a good example. Mr. Grimm: Well as an example, somebody suggested possibly the Food Stamp Program. But what I am trying to say to you is that you will not be able to use that building without spending a considerable amount of money. Or whoever. Mr. Plummer: Or the possible agency who uses it might want to spend that money to upgrade it. I just don't see the urgency to tear down the building. I really don't. Mr. Grimm: Well we can defer tearing it down and look into the possible uses if you choose, yes. Mr. Plummer: I sure think, you know, because the next thing we're going to be talking about is condominium stables in Bicentennial Park. Maybe we can put the horses over there. Mr. Grimm: Well there's a different purpose for putting the horses in Bicentennial Park. Mr. Plummer: I know, to fertilize the park. 7 1981 ist 45 Mayor Ferre: No, to get people in the park. Mr. Plummer: I would move, Mr. Mayor, that an evaluation be done of this building for possible use before demolition. I just... Mayor Ferre: There's a motion that item 35 be deferred and in the meantime, the administration look for alternate uses for the building before it is demolished. Is there a second? Is there a second? There was a motion to demolish but now this is a substitute motion by Plummer to defer and to charge the administration to look further into saving that building. Mr. Plumemr: Father, all I was saying... Father Gibson: How long would it take you to... M;7. Grimm: I think we can come back to you by your next Commission meeting, Father. Father Gibson: All right, I second the motion. Mayor Ferre: All right, Gibson seconds the motion. Is there further discussion on item 35? Call the roll The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-187 A MOTION TO DEFER POSSIBLE DEMOLITION OF THE S.C.L. RAILROAD STATION LOCATED AT N.W. 7TH AVENUE AND 22ND STREET PENDING AN EVALUATION OF THE POSSIBLE USES OF THIS BUILDING BY THE CITY ADMINISTRATION; FURTHER DIRECTING THE CITY MANAGER TO REPORT AT A FUTURE CITY COMMISSION MEETING Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: *YES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre :NOES: None ABSENT: None 35. ORDERING RESOLUTION: N.W. 22 STREET HIGHWAY IiMROVEMMRT Mayor Ferre: Take up 36. Mr. Plummer: Move. Mr. Lacasa: Second. Mayor Ferre: Plummer moves, Lacasa seconds. Further dicussion? Call the roll. (CONTINUED ON NEXT PAGE) ist 46 17i 9 A U The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-188 A RESOLUTION ORDERING N.W. 23 STREET HIGHWAY IMPROVEMENT 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 (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 Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre "'40ES : None .ABSENT: None 36. CREATE CITY OF MIAMI FESTIVAL ADVISORY C012,11TTEE Mayor Ferre: We're now on 37. Is there a motion? Mr. Plummer: Move it. Mr. Lacasa: Second. Mayor Ferre: It's been moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-189 A RESOLUTION APPROVING THE REVISION OF CITY OF MIAMI COMMISSION POLICY 100-4, AS ESTABLISHED IN RESOLUTION 78-602, ADOPTED SEPTEMBER 28, 1978; PROVIDING FOR THE CREATION OF AN ADVISORY COMMITTEE TO BE KNOWN AS THE "CI'T'Y OF MIAMI FESTIVAL ADVISORY COMMITTEE" TO MAKE RECOMMENDATIONS CONCERNING CITY PARTICIPATION IN FESTIVALS; AUTHORIZING THE EMPLOYMENT OF A CONSULTANT SELECTED AND APPOINTED BY THE CITY CO.MMISSION TO ADVISE AND ASSIST SAID COMMITTEE; DESIGNATING THE DEPARTMENT OF LEISURE SERVICES, CULTURAL DIVISION, AS THE PROPER AGENCY FOR RECEIVING, SCREENING AND PROCESSING APPLICATIONS FOR SUCH PARTICIPATION; AND SETTING DEADLINE DATES FOR SUCH APPLICATIONS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). (CONTINUED ON NEXT PAGE) 47%-�l 1 7 1Jul Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 37. AUTHORIZE AGREEIIEi<T: CITY OF t:IAI I/OAS II?TEPfATIOi!AL ARTISTS SERIES *".ayor Ferre: Take up 38...37(a), I beg your pardon. Mr. Plummer: I need more information about 37(a). Who is this group cf OAS International Artists Series. Who are they? Mr. Al Howard: Mr. Mayor and Commission, this essentially is a group of artists that would be supported by the OAS $10,000 to perform in the City of Miamia now trough August. Mr. Plummer: Who will be doing the picking? t;r. Al Howard: The Department of Cultural Services with the OAS. They will give us a list of people who will be brought in here's The finest artists in the world. Mr. Plummer: Are these free concerts? Mr. Al Howard: WE have $10,000 from our budget that's been budgeted for it and at least a minimum of $10,000 will be given by the OAS to pay for the transportation. Mr. Plummer: That's not the point. We're spending tax payers money. ARe there... admission going to be charged? Mr. Al Boward: No. Mr. Plummer; It's free. So any of the tax payers of this Community are welcome to attend. Mr. Al Howard: Yes they are. Mr. Plummer: I have no problem. Mayor Ferre: All right, Plummer moves. Gibson seconds 37(a). Further discussion? Call the roll. 48 MAA1?1981 The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-190 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE GENERAL SECRETARIAT OF THE ORTGAINIZATION OF AMERICAN STATES TO CO-SPONSOR A CONCERT SERIES IN MIAMI TO BE KNOWN AS THE "CITY OF MIAMI/OAS INTERNATIONAL ARTISTS SERIES;; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING CONTRACTS AND AGREEMENTS NOT TO EXCEED A TOTAL OF $10,000 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: EYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Anr,ando Lacasa ViceMayor (Rev.) Theodore Gibson "savor Maurice A. Ferre NOES: None .ABSENT: None 3U. APPOI�;T REI11ALDO CRUZ AS A ME11BER OF THE "ONI1.G BOARD Mayor Ferre: Now we're on the appointment of the Zoning Board. Mr. Plummer: I would ask that that be moved to the afternoon. Mayor Ferre: We're leaving item 38 until this afternoon. Father Gibson: Mr. Mayor, I want to ask a question while we...I noticed this item, and I'm going to ask it so that when you come back here this afternoon that I get an explanation. I find it hard that after all these months that we cannot make this appointment. Now, I want somebody to tell me this when we come back. Okay? Mr. Plummer: Since it was my request, Father, I'll be happy to. Father Gibson: Wait a minute. I want to put my asking on the table. Number one, I want to ask whether or not each of us, each member of the Commission has a person on the Zoning Board, was either profeered by us, or nominated by us. I can tell you this, or you could answer for me now so that this afternoon I can make an intelligent decision. Do you have somebody that you have ... do you have somebody on the Zoning Board that you proffered or nominated? Mr. Plummer: Yes. Father Gibson: Mr. Lacasa, do you have somebody? Mr. Lacasa: No. ;-tl % Mi'"^ A 7 l 981 ist 49 Father Gibson: Mr. Mayor, do you have somebody? Mayor Ferre: Alicia. Is she on the Zoning Board? Father Gibson: I have somebody. Mr. Carollo, do you somebody? Mr. Carollo: Commissioner Gibson, let's start from the bottom. If we're going to go back to the process of having somebody on the boards, then I suggest we go through the process that we followed in nominating individuals for some board. And that instead of getting the circus together and the ringmaster asking who all we're going to vote for, then each member of this Commission nominates and puts some one, the Zoning Board, Planning Board, or whatever board we want. And that should be the process now. I have voted for individuals that are presently on the Zoning and Planning Boards. I have not voted for others that are now there. So my answer to you, Commissioner Gibson, with all respect is that in order for us to say yes I have someone on that board, the only way that we could actually say that is if we go through the process and make that a policy that each individual member of this Commission will appoint someone to that board. Father Gibson: All right, Mr. Mayor, since I ... wait a minute. No, no, man. You don't have to say anything for me. I'm not that sick. I'm well now. It seems to me that we ought to have a rule. A rule that works for you will work against you. Now we go the route of every Commissioner having somebody on the Zoning Board that we nominate and then the other Commissioners confirm. I do not wish, I do not think it's �;ood...it's more more justice, reasonableness in it. That if Carollo, if you don't have anybody and you want to nominate somebody you ought to nominate the person and let's get along. I had an awful long time �:o be thinking about us and it disturbs me how we waste the time. Oh man, ny God. All right, when you come back I hope we will get that person. 'or weeks, and months, and months we have not filled that spot. What in he devil are we ... how do we run the City's business. Mr. Lacasa: Father, I'd like to press the issue and have the vote right now if J. L. doesn't object and let's get this situation solved once and for all because we have been dragging on this for quite a few months now. So if you don't object, J. L., I'd like to have the vote right now. Mr. Plummer: Go. Mr. Lacasa: Okay, let's go. Mayor Ferre: Well, how do you want to do it? Do you want to establish names or do you want to select... you've got the list in front of you on item 38 for the people that have submitted their names. So we'll do it either way. There are 9 candidates. Do you want to write. Mr. Lacasa: I'd like to make a nomination. I nominate Reinaldo Cruz. Mayor Ferre: Are there any other nominations? Any other nominations. Well if there are no other nominations, then I think the thing to do is you make your motion and then if you get a second, the we'll just vote on it. Mr. Lacasa: I move that Reinaldo Cruz be appointed to the unexpired term on the Zoning Board. Father Gibson: I second the motion. Mayor Ferre: All right, further discussion? All right, call the roll. 50 W%%R 17 1981 4 The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-191 A RESOLUTION APPOINTING ONE INDIVIDUAL TO THE ZONING BOARD (RF.INALDO CRUZ) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: Commdssioner Joe Carollo ASSENT: None ON ROLL CALL: M_. Plummer: It's the only name, yes. 39. APPOL:ii_EiNT OF PLRSOi\S TO BLUE RIBBOO COMi;ITTEE DUPOi%'T PLAZA SELECTIO;` CO2L;ITTEE Mayor Ferre: We're on item 39. Now, Father, the Blue Ribbon Advisory Committee, I think you're the only person that has not appointed. Father Gibson: I want to appoint Ken Treister. Mayor Ferre: All right, Mr. Ken Treister is appointed. Father Gibson: I think everybody knows him and knows of his reputation. One of the most compentent architects in this City. Mayor Ferre: All right, we now have the following people that have been nominated. Mr. William M. Klein, Mr. Wilfredo Borrotto, Mr. Xavier Suarez, Mr. Glen Buff and Mr. Ken Treister. All right, is there a motion that those be the S people appointed. Mr. Plummer: The motion has already been made, if you want to do it again. Mayor Ferre: Yeah, do it in completed form. It's been moved and seconded. Further discussion? Call the roll. 51 NA"`� 1 1 „,�, 19 1 The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-192 A RESOLUTION CREATING AND APPOINTING CERTAIN MEMBERS TO A 5 MEMBER ADVISORY COMMITTEE ENTITLED THE "DUPONT PLAZA SELECT COMMITTEE" WHICH IS TO REMAIN IN EXISTENCE UNTIL (A) THE SAID COMMITTEE SHALL HAVE MONITORED, REVIEWED AND PRESENTED A CRITOUE ON THE CONSULTANT'S STUDY TO BE PERFORMED OF THE CONFIGURATION AND COMPATIBILITY OF EXISTING AND PROPOSED BUILDINGS AND STRUCTURES IN THE DUPONT PLAZA AREA OF DOWNTOWN MIAMI, WHICH STUDY IS TO IrCLUDE THE FACTORS, AMONG OTHERS, OF PEDESTRIAN MOVEMENT, AUTOMOBILES, THE PROPOSED DOWNTOWN PEOPLE MOVER, OR (B) FOR A PERIOD OF 15 DAYS AFTER SAID COMPLETED CONSULTANT'S STUDY HAS BEEN RECEIVED BY SAID COMMITTEE. WHICHEVER IS EARLIER (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 40. INFORM HUGH STU13BII.-:S, ARCHITECT OF EXISTENCE OF BLUE RIBBON C0121ITTEL TO GET IJPUT PRIOR TO DISCUSSIOU VITH DEVELOPERS Mayor Ferre: Mr. Grimm, would you make sure that those 5 individuals are so informed? And I would look upon the administration to call them into a session. Mr. Plummer: Mr. Mayor, I have been requested... Mr. Carollo, this question really will be directed to you because I was not present at the time that you established this committee. Certain questions have been asked of me by the media, and I would hope that it can be clarified here today. The basic question is what is hoped to be accomplished by this Blue Ribbon Committee? Second question is, are they answerable to who, and basically, well that really is the 2 questions, Mr. Carollo. Mr. Carollo: Okay J. L., I'm going to start with the second question first. Mr. Plummer: Fine. Mr. Carollo: This Blue Ribbon Committee of 5 citizens is going to be answerable to the City Commission. No one else. Mr. Plummer: Okay. I have no problems. Mr. Carollo: The first question, what are we hoping that they can accomplish. Well, what I wanted to see an input also from individual citizens of our community that could number one, look at that whole Dupont Plaza area without looking at the opinions, the reports from the people we're trying to hire to also do this, and then once if we ever do hire these people if they give us their opinion, their assessment of what should be done, or not done in the Dupont Plaza, then and only then shall they go over that report. And then bring to this Commission their opinion. '04 4 d Mr. Carollo (continued): Therefore, we have another opinion, another input from other people that have expertise individual areas and we're getting an opinion also from citizens of this community that care about it, that work there, that have expertise in the individual areas that we also need to look at when we talk about projects with the importance that these have. Mr. Plummer: Are you talking, Joe, basically, or at least I hope you're talking, as a watch dog committee. Mr. Carollo: You could say that, J. L., it's going to be a watch dog committee. But it's not only going to be it watch dog committee. It's going to be an Advisory Board Watch Dog Committee. It's going to have 2 functions. I;:'s going to give us more advice and more input and at the same time, be a watch dog for whatever they need to be a watch cog about. Father Gibson: Well. let me ask, if I was not here, and I raised this question and I never got no answer. I'm sorry I wasn't here. I thought that we employed...this borders on what you say. It is not clear to me, e-,Ten though I just appointed a man. I thought that we employed a consultant to do pretty much the advising and try to cajole and try to get those people together. Now does the consultant go and do his do without the 5 man committee_, or does the consultant call the 5 man committee and just w.nat? Tell me what the procedure is because if you have a...I just want to make sure so you all can answer this. I wasn't here. I didn't hear the argument . Mayor Ferre: Father Gibson, the answer as I see it, would be this. In those 4 blocks, and if you take into account Ball Point and the Convention Conference Canter, is being constructed at the present time, and will be constructed over a luilf a billion dollars worth of projects. Now, that makes it by far the single: most important thing that's happened to Dade County frum the private sector viewpoint, because downtown Miami is also cowntown Dade County. It is essential as we move into this that we do it with as much for thought as possible. That doesn't mean that we won't make mistakes. But I think we cannot be thinking in terms of 1930 or 1924 which s the last time we had a big boom in downtown, and many mistakes were made then. I would hope that 1980 would not be 1924. Now. in that sense. we have a basic Dhilosophical conflict which we'll be discussine this afternoon and tonieht. One of the conflicts is that one of those cevelopers there wants to put an office building in a lot, and he wants the other four lots to be developed that way. Now, one of the main problems of downtown Miami is precisely that thinking. This is better and bigger, but 'm not too sure that we're really making any progress if we end up with large concrete buildings in 4 lots in Dupont Plaza totally unrelated Without any provisions for any relationship between these buildings in 1981. I think that we have to be a little bit more forward thinking than =hat. That's what Dade County has said, that's what the State has said, that's what the Southeast Regional Planning Council has said, that's what all of these different groups have said. Now, you and I also, at least recall your saying, and I agree, and I pledge myself that I would be voting on these projects on a separate basis, and so we did. And as a consequence of this, Southeast is moving ahead in their project. This afternoon we have to make another decision with the remaining parts of the project. The decisions are so complicated and some of the things that are at question are so complicated that we had to bring some highly visible, highly respected, recognizable individual that is world known, and certainly nationally respected to be able to look at this from a technical point of view. And if we're going to open heart surgery, I cannot get my family doctor to give us an opinion as to how we're going to operate and cpen somebody's heart. We need somebody who does that continually and is a well recognized professional. Now that's what Hugh Stubbins is. The reason why Hugh Stubbins was picked out of the air, which is where he was picked out of, is because there are only about 5 or 6 major nationally known architects that are living today in this country. Hugh Stubbins happens to be one of them. The others are either controversial or they have conflicts of interest. Hugh Stubbins to have a project already underway in which he was selected by a selection committee which was picked by Metropolitan Dade County. He will be the architect ist 53 MA" 17 1981 Mayor Ferre (continued): for the Metro Office Building. Since he already knows Miami for that reason, and since he comes here continually, he was a logical and reasonable technician to come down and give us his personal, technical opinion as to how these buildings interrelated one with the other. Now, Commissioner Carollo, and I think properly so said, look, this is a specialized field and there are some very difficult decisions that need to be made, and we ought to get a group of citizens that we all have confidence in to ,look at, spend more time, and advise us. I think this committee, and the makeup of this committee, I personally think it's an excellent committee. We have on that committee 3 architects, Willie Borrotto, Glen Buff and Ken Treister. We have a highly qualified and well trained attorney who is a civic activist, and we have a vice president of economic development of one of the major Florida corporations. I think it's a well balanced committee. And I think their task is to help us in the thinking process to make sure we don't make any major mistakes in how these things fit together. Father Gibson: Mr. Mayor, I hear what you're saying. I agree with you. But I'm wondering where is the committee? What part does it play? Where... what stage of the development? Or what stage of procedure does the committee function. Either the committee... Mayor Ferre: I would hope... `.rather Gibson: Wait a minute. If we're going to appoint a committee, we ought to give some specific instruction as to procedure. Otherwise, let me say, Stubbins doesn't live here, I have no problem with him. You have 5 men who live here. All right. Is Stubbins going to talk with them before he makes up his mind? :•Savor Ferre: Yes. I think so. Father Gibson: Well Mr. Mayor, let me tell you. I have no light to guide my future but the light of the past. I want to instruct Stubbin. Otherwise other people will be instructing Stubbin. I want to instruct Stubbin... these are 5 people and then I want those people to report back to us before we make a decision so we could make our decision intelligently. I have said this before. If we don't need a committee, why appoint it. Mr. Carollo: See, 1 think it would be very well and fine if Stubbins spoke to this Blue Ribbon Committee that we have. At the time, however, because there were a lot of individuals that included members of this Commission that did not want this committee to have any bearing influence over Stubbins. We Etated that they were not to come into the picture until after Stubbins was done with their assessment of the existing situation. Now, I personally don't have any problems and I think Stubbins should speak to these people so that they could get a better grip as to the situation, the feelings of the community our needs. I personally don't think that would hurt anything at all. I don't think if Stubbins sees something they don't agree with with the committee that that's going to have any bearing on what decision they make and the final outcome. So I personally don't have any problems with that, Commissioner Gibson. If you would like to make a motion on that, I would be more than happy to second it. Father Gibson: I don't want to make a motion because I was not here when it was done. I just am concerned that we ask private citizens to give of their time and knowledge, and after they do that we say to them I hear thee not. That's my concern. Mr. Stubbins doesn't live here. You know. —I'm going to say this for the record. I get infuriated with people who tome to this town, have all the sense and knowledge, and they think that we who live here are fools. I maintain that we who live here help to create what's here. And if we didn't have no sense, you know man, all these people wouldn't be trying to come here, they would go elsewhere. And I'm saying if you get the committee... I'm willing to trust the committee. If you're going to get this committee, say to Mr. Stubbins, before you make up your mind and do your do, here is a professional committee. Otherwise, when they talk ... when we know anything, Mr. Stubbins has made his report and then after... then after he's made his report or made up his mind then you give it of the committee and the committee says, why did you choose me? Why did I give up my time? That'sall I'm saying. 54 j►„,�� 17 601 ist I q Mr. Carollo: I think if I can add a quick sentence to what Commissioner stated about those who live here and those who don't, if the shoe fits wear it. Mayor Ferre: Is there further discussion? Have we voted on item 39? Mr. Ongie: Yes we did. Mayor Ferre: What is it that you what to do now? What's the sense of your motion. Father Gibson: I didn't make a motion. Mayor Ferre: I didn't think you had. Father Gibson: My discussion was what is the procedure? You now have a 5 man Blue Ribbon Committee. Does Stubbin talk with them? Call them into to the question and listen to them? Or does Stubbin go do his do, and some individual who has an ax to grind influence Stubbin. That's all I'm saying. Let's make a clear mark of you know... Mayor Ferre: Demarcation of what the procedure is. Father Gibson: Right, right. If we're going to employ Stubbins, that is if he will accept the contract. Mayor Ferre: He may not accept it. That's ... Father Gibson: That will be his business. We'll find somebody else. Because you know, there are a lot of people in the world. I've maintained that Stubbins isn't the only guy with knowledge, intellect. So we would say to them, say to that individual, we have appointed a Blue Ribbon Committee. These are the names. We want you talk with them, they will explain to you what the situation is, and then have him talk with them. Stubbins makes r.is recommendation to us with the full input. I'm not an architect. I'm not an engineer. Mayor Ferre: Does anybody disagree with that as the process? Mr. Carollo: I think it's a good point. I wanted that from the start but I didn't think we had the votes here when I made that original motion. I think we should instruct Stubbins to sit down and discuss the opinions that this committee will have. Mayor Ferre: I have none, and didn't have any objections. I don't know what you're referring to. But I have no problems with the process of selecting committee selecting an architect if Stubbins won't accept it and this is not something that we're going to solve in a day or two. I think that committee is going to be invovled in this thing for the next 2 or 3 years because there are a lot of decisions that need to be made as we go along. I mean, this isn't... assuming, and I'm not in any way sure that Gould gets this afternoon what Southeast got a month ago which is their CO. If that were to happen, we're still no where near completion because both Southeast and Gould have 19 to 20 conditions that they've got to live up to including the bifurcated system. including some architectural considerations, including the pedestrian con-:iection between all these buildings. So you know, we've got a long way to go and I'm sure that committee can serve all along the way in helping all of us understand what the process... Father Gibson: Mr. Mayor, since I brought up I'd like to make the following motion: Number one, that Mr. Stubbins, if he does accept the assignment that we are asking him to accept, that Mr. Stubbins be instructec in writing that we have a 5 man Blue Ribbon Committee and that before he does any talking with ... Mayor Ferre: He's already talking to those people. Father Gibson: Well can could stop him now. Look, in the church, let me tell you man, when you're choosing a rector that's one of the most 55 IY�r;i� 1 7 1981 ist Father Gibson (continued): important things so you can always stop in the midst. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Father Gibson: Mr. Mayor, we could tell him look, we could tell him okay, you have already talked with the individuals who are invovled. We want you to know that as of today apronto we have a Blue Ribbon Committee. Does he know that? Mayor Ferre: I don't know what he knows because I've never talked to the man in my life. So whoever has talked to him can answer that. Mr. Grimm: I can't answer that. Father Gibson: Mr. Mayor...Sir? Mr. Grimm: I cannot answer that. Father Gibson: Let me say this, we don't have to worry about who can answer it. All we have to do is to instruct Mr. Stubbin that we have a Blue Ribbon Committee and that we shall expect you to confer with these people, have a meeting with them. Mayor Ferre: Before he comes to us. Father Gibson: All right. But the way it is now, he doens't have to pay them no mind or even talk with them. Mayor Ferre: So as I understand, the motion is that before Mr. Stubbins, if he should accept this commission, concludes, and before he reports to us that he has to meet with the 5 member Commission and go over what his proposals, and what his discussion and what his feelings are. Is that correct? Father Gibson: That's right. Mr. Carollo: I'll second that motion. I don't see anything wrong with that. We're not instructing Stubbins that he has to do what this committee would want, all that we're instructing them to do is that they just have to sit down and get some input from this committee as to what the situation is down here, that's all. Mayor Ferre: Further discussion on this? Mr. Plummer: Yeah, under discussion. How much is this man getting paid and who is paying him? Mayor Ferre: As I remember... Mr. Carollo: We're not paying for it, they are. Gould and Southeast. We're not paying a penny for it. Mayor Ferre: We're not paying for it. Mr. Plummer: How much? Mayor Ferre: I forget what the specified amount was that they are liable for, but there's a specific amount. As I recall, it's up to what? Mr. Grimm: It was split between Southeast and Gould, if I remember correctly, on some prorated basis but I don't remember exactly what that formula is. Mr. Carollo: If I recall, whatever the final bill was, whatever it was, they were going to pay all of it. Mr. Plummer: I still want to know how much the man is getting paid. 17 1981 ist 56 I q Mayor Ferre: Well J. L., I'm sure we can get that information from Southeast and from Gould. Okay? Mr. Plummer: Okay. Mayor Ferre: Is there further discussion on Gibson's motion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-193 A MOTION DIRECTING THE CITY MANAGER TO INFORM HUGH STUBBINS-IF HE AND HIS FIRM DO IN FACT ACCEPT TO BE RETAINED AS ARCHITECTURAL CONSULTANTS IN CONNECTION WITH THE URBAN DESIGN OF THE DUPONT PLAZA AREA -OF THE EXISTENCE OF A BLUE RIBBON COMMITTEE APPOINTED BY THE CITY COMMISSION TO ASSIST IN THE DUPONT PLAZA STUDIES; FURTHER DIRECTING THE CITY MANAGER TO ARRANGE FOR A MEETING UPON COMPLETION OF THE CONSULTANT'S STUDS' SO THAT MR. STUBBINS MAY OBTAIN THE INPUT OF THE BLUE RIBBON COMMITTEE PRIOR TO MR. STUBBINS ENGAGING IN DISCUSSIONS WITH THE DEVELOPERS OF THE DUPONT PLAZA AREA Upon being seconded by Commissioner Carollo, the motion was passed end adopted by the following vote: i.YES: Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre :DOES: Commissioner J. L. Plummer, Jr. .ABSENT: None FOLLOWING ROLL CALL: Mayor Ferre: Since Mr. Stubbins, as you know, is an extremely busy and hard to get individual because his time is called for so much, he happens to be down here, as 1 understand it, this week and he, as I understand it, he plans to be here for 2 or 3 days. And God knows when the next time is that he'll come back. I think it is important, therefore, that since this resolution now passed, that somebody this afternoon call those 5 members into session so that Mr. Stubbins can see them either tomorrow, or Thursday. What is today? Tuesday. So that he can see them either Wednesday or Thursday. Before he returns to Boston. Mr. Grimm: As a point of clarification for us when we write to the committee and notify them of their appointments and basically what's transpired, is it the Commissions intention to pick a Chairman or are you going to let the committe themselves do that? Mayor Ferre: Let them pick their own chairperson. And let them meet as soon as possible while Stubbins is in town. Mr. Grimm: And Mr. Reid will represent the administration. However, the committee will report directly to the Commission, so there's no misunderstanding on that. Mayor Ferre: That's right. Would you make sure that they're called not written because of the time factor this afternoon? Mr. Grimm: Yes. 5'7 Pv 17 1981 41. CLAIM SETTLL'iiE1!T: BRUCE AAD ELISSA SIMBERG Mayor Ferre: Is there a motion on 41? Mr. Plummer: Move it. Mr. Lacasa: Second. Mayor Ferre: Moved by Plummer, seconded by Lacasa. Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-194 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO BRUCE F. SIMBERT AND ELISSA SIMBERG, HIS WIFE, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF SIX THOUSAND ONE HUNDRED FIFTY ($6,150.00) DOLLARS IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PORTECTION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY 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 Lacasa, the resolution was i:assed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre DOES: None ABSENT: None 12. AUTHORIZE AGRLLUENT: ELEVENTH ANNUAL CF.AIiPION SPARK PLUG UNLIMITED REGATTA Mayor Ferre: Plummer moves 41(a). Mr. Lacasa: Second. Mr. Plummer: Mr. Mayor, I also want to include in that that I hope that t:ie people who will be working from the City's standpoint realize how i.nportant this activity is in nation-wide publicity and will this year, waich was not quite done last year, devote the attention that this thing should have. I also want to remind the Commission that this money that we put up front is SEEP money and never in the past has that money C-ty money ever been used. But in promotion is where... that keeps the City money from being used and whoever, Mr. Manager, is from the City's standpoint needs to put some more people on the job, and needs to do some more work in this particular area. ibt 58 1..... 17 '1981. 4 1 Mayor Ferre: Okay. Now call the roll on 41(a). The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-195 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING OF THE ELEVENTH ANNUAL CHAMPION SPARK PLUG ' UNLIMITED REGATTA AT MIAMI MARINE STADIUM ON JUNE 5, 6, AND 7, 1981, IN SUBSTANTIAL CONFOIRMANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN 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 Lacasa, the resolution was passed and adopted by the following vote: A4ES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None G3. AUT',-,ORIZE 3 c*O:iTn E"TE1'Sl0ol OF CffSTRUCTIOL: 14A1;AGE:1i T AGRZE11t7T FOR COi,VL:;TIOiy CEI'..TER Mayor Ferre: 42 and 43 are going to take some time, I think. How about 44? Is there a motion on 44? Mr. Plummer: I have no problem with 42 and 43. Mayor Ferre: Anybody want to discuss it? Mr. Plummer: I'll move it. Mr. Lacasa: Second. Father Gibson: I'll second. Mayor Ferre: Item 42 has been moved and seconded. Further discussion? Call the roll. (CONTINUED ON NEXT PAGE) 59 r .aR 17 1381 The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-196 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, A THREE MONTH EXTENSION OF THE CONSTRUCTION MANAGEMENT AGREEMENT FOR THE CITY OF MIAMI UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER BETWEEN THE CITY OF MIAMI AND MIAMI CENTER ASSOCIATES, ' INC., NOT TO EXCEED A MAXIMUM EXPENDITURE OF $48,750 FROM CONVENTION CENTER BOND FUNDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 44. E1;GAGE LAW FIR11 OF STEEL, Y.LCTCR A;;D DAVIS AS SPECIAL COtriCIL CLAIIiS ARISIi:G FI:02: COi;STRUCTIO+ OF COI`'L;?tIOA? CGi;iEP. Mayor Ferre: Now 44. Is there a motion on 44? Mr. Lacasa: Move it. Mayor Ferre: Moved by Lacasa. Is there a second? Mr. Plummer: Yeah, I second it. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-197 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE SERVICES OF THE LAW FIRM OF STEEL, HECTOR 6 DAVIS AS SPECIAL COUNSEL REGARDING CLAIMS AGAINST THE CITY ARISING FROM THE CONSTRUCTION OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER AND AUTHORIZING PAYMENT FOR THESE SERVICES IN THE AMOUNT OF $25,000 ON A RETAINER BASIS; FURTHER AUTHORIZING AN AMOUNT NOT TO EXCEED $10,000 AS EXPENDITURES FOR THE SERVICES OF NECESSARY EXPERT WITNESSES AND CONSULTANTS; FURTHER AUTHORIZING PAYMENT FOR THE AFORESAID SERVICES FROM FUNDS ALLOCATED FOR ADMINISTRATIVE EXPENSES OF SAID CENTER CONSTRUCTION; FURTHER PROVIDING THAT NO MONIES IN EXCESS OF THE HEREIN AUTHORIZED SUMS BE EXPENDED FOR SUCH SERVICES UNLESS EXPRESSLY AUTHORIZED BY THE CITY COMMISSION CONTINUED ON NEXT PAGE) 60 V, ^.^ : 7 '3st I i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 45. C01"SENT AGENLA Unless a member of the City Commission wishes to remove specific items from this portion of the agenda, items46-48 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following vote: "...that the Consent Agenda, comprised of items 46-48 be adopted." 'layor Ferre: Before the vote on adopting items included in the Consent :agenda is taken, is there anyone present who is an objector or :)roponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken. The following resolutions were introduced by Commissioner Lacasa, seconded by Commissioner Gibson and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 45.1 ACCEPT COMPLETED WORK OF D.N.P. CORPORATION FOR WESTERN DRAINAGE PROJECT-E-50 RESOLUTION NO. 81-198 A RESOLUTION ACCEPTING THE COMPLETED WORK OF D.M.P. CORPORATION AT A TOTAL COST OF $154,771.00 FOR WESTERN DRAINAGE PROJECT E-50; AND AUTHORIZING A FINAL PAYMENT OF $3,869.28 61 .' R �raV%N 17 19 81 is: 0 45.2 GRANT TO DADE COUNTY QUIT CLAIM DEED CONVENING PREVIOUSLY ACQUIRED PUBLIC RIGH OF WAY (IMPROVEMENT PURPOSES) ALONG 12TH AVENUE, ETC. RESOLUTION NO. 81-199 A RESOLUTION GRANTING TO DADE COUNTY A QUIT CLAIM DEED CONVEYING PREVIOUSLY ACQUIRED PUBLIC RIGHT OF WAY FOR IMPROVEMENTS PURPOSES ALONG 12TH AVENUE RESERVING TO THE CITY OF MIAMI THE RIGHT TO USE SAME FOR UTILITY PURPOSES 45.3 ACCEPTED WORK RUSSELL, INC. FOR ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT, PHASE III, ETC. RESOLUTION NO. 81-200 A RESOLUTION ACCEPTING THE COMPLETED WORK OF RUSSELL, INC. AT A TOTAL COST OF $227,759.28 FOR ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT -PHASE III; AND AUTHORIZING A FINAL PAYMENT OF $28,641.49 THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 11:30 A.M., reconvening at 11:45 a.m., with all members of the Commission found to be present. 46. CONTIiXATIOi� OF SELECTION OF CITY !TANAGER-5 BALLOTS (CONTINICED LATLR 0. THIS SAI-:E 1i4ETING) Mr. Plummer: Are we going back to voting? Mayor Ferre: Yeah. Well whatever the Commission wants to do. I think that if any member of the Commission wants to continue voting, that's fine with me. But I think that it seems that we're kind of in a rut now and the rut is that it's 2-2-1, it's a 2-2-1 vote that has now gone on for as I recall 9 straight votes. Mr. Carollo: Well, why don't we consider going another round. 12 more rounds. That's what I mean by a round. I think that each time this Commission sits down today unitl we decide, we should vote a minimum of 12 times before we take little breaks for a little talk. Mayor Ferre: Well, I'm perfectly willing to do whatever the majority of this Commission wishee to do, obviously. But I just want to state into the record now, that I have voted 15 times for Fosmoen, and I will vote the next 12 times for Fosmoen and if I... if Fosmoen is defeated, well so be it. That's the will of the majority. But... Mr. Plummer: Mr. Mayor, I -think the Clerk is trying to tell me something when they handed me all these ballots. Mayor Ferre: We'll wait until Father Gibson gets here and then we'll.... Father, here's where we are. I asked the Commission what they wanted to do. Commissioner Carollo said that he thought we should go another round which he described as 12 more votes. Plummer ... and I expressed my postion that I'd be willing to do whatever the majority wanted to do. Father Gibson: Another round? ist 62 !i.l til 17 I J81 I 0 Mayor Ferre: No, he wants to go 12 more rounds. My position is that we voted, and I personally don't intend to move off of the person that I've been voting for in the next 12 rounds. Now, I don't know of anybody else, you know... Mr. Plummer: Well Mr. Mayor, let me ditto your remarks and I have no intentions of changing off of where 1 am. So..,. Mr. Carollo: Mr. Mayor, if I may add something. If that philosophy was used back when some members of this Commission were appointed to the Commission they might never have sat on this Commission here. Mayor Ferre: That's true. That's absolutley... I can't deny that. But I think, you know, each one of us has to express his opinion. And I've expressed my opinion and that is of the people that have been proffered, I personally do not feel that there is anybody who is stronger or higher qualified than Richard Fosmoen. I think he is a professional man with integrity, who has done a good job, and who has the experience and the qualifications and I further feel that during these difficult periods we are beginning, a budget process, we're in the middle of the largest project that the City of Miami has ever done, we're beginning with labor negotiations, we've gDt constraints in the next couple of years with less money coming in fr^,� Washington, etc. etc. I think that Fosmoen right now is a man that is qualified to do that job, and I frankly, there are other p-ople that are very qualified, I'm not going to make any comments about t:ie qualifications or the lack of qualifications in others, but I will make a convent that I think Richard Fosmoen would make a good City `!anager. So I don't ... I don't intend to change my position for that reason. Mr. 1.acasa: Mr. Mayor, I'd like to make these remarks. Of the 2 gentlemen that has been obtaininf; 2 votes consistently, the last 8 votes Mr. Gary and �,r. Fosmoen, I believe that both are qualified to be City Managers. My position however, is this. The City of Miami, at the present time, has L_- permanent residents, 581 of this population is of Latin extraction, speak Spanish. The economic development effort of the City of Miami is cirected towards Latin America. Where, obviously, Spanish is the language that is spoken. The City Manager that we had, Mr. Joe Grassie, and I want to make a lot of emphasis on this point, we are not discussing here ethnicity. This is not a matter, as far as I am concerned, of voting for P. Latin or an Anglo, or a black. This is not a matter of ethnicity. Joe Crassie, if we were to discuss ethnicity, was an Anglo. However, he was table to speak Spanish fluently, and he having lived for 10 years in Argentina, was very much in tune with Spanish culture. My position is that the City of Miami which we proudly call another capital of Latin America, that is the bridge between the United States and Latin America, that our economic development, our effort to develop tourism, financial investments, Lnd international trade is also directed towards Latin America, needs a bilingual manager. And this is my position. And that is the reason why I do not intend to change or divert from that stated position. Mayor Ferre: Any other... anybody else wish to make any other statements. Kow what we have here is 3 members of the... Father Gibson: Let me ask... let me raise a couple of questions. This __s the way we get a new rector in our church. With all of that educational =aboo we go through, we raise questions like this: For the public, I think next to Plummer I'm the oldest consecutive Commissioner, that has served consecutively on the Commission. I'm next. The Mayor was here before and came after, here before, left and came back. Okay. I went on the bond market twice in my approximately now 9 years and I want to say to the public, and say to my fellow Commissioners who may not be aware of this, ►hen Rose Gordon and I went on the bond market when she served, I think Rose and I got a great education because we were from the City of Miami and because we had the kind of a financial history we had, we were gladly and happily received on the bond market. And they, the people with whom we were dealing, showed it, showed their anxiety, and their appreciation or us coming. I went on the bond market one other time when we floated the $60,000,000 for the convention center. Again, we were graciously received, happily entertained the night we were able to make a settlement WY ist Father Gibson (continued): on the bond market. I want to say to all of us, those people are not foolish. Those people read as you and I read. Those people listen to the radio as you and I. They also watch television. So I wonder with our continual postponing, not arriving at a conclusion, what we are doing to the reputation of this City as to our stability and dependibility. When we went on the bond market, say Rose Gordon and I, we the City of Miami, had a rating far above and beyond Metropolitan Dade County. All right? So I want to leave that there for your to think about. What are we doing with the City? The second thing, I wonder what we are doing with the staff. When we have 2 or 3 men serving as Assistants in a church, and don't...the reason I have to speak out of my experience. And you need to know that this government runs just like the church I serve in. You've got your methodology from us because 2/3rds of the frame of the Constitution were Episcopalians and they brought it right out of the church into government. Read the history. When we hav: a rector and you have 2 or 3 assistants, what we say to them, all of you resign. That usually happens. Okay? The thing that bothers me is when we say that, if they don't resign, we let it be known that nobody who is an assistant need worry about the policy. Policy will remain as usual. But let me tell what we d_scovered. You then run the danger of a staff being demoralized. I wonder what's happening to the staff of this City? I would hope that if we're not able to come to a conclusion, make a decision, that there ought to be enough of us on this Commission who are willing, if we don't do it today, set a meeting date and come back with the express purpose, nothing else. Mr. Plummer, you did what I presume none of us did. You made sure that each ... you made sure that your candidates record was put on the record. That your candidates qualification... oh by the way, I need to point this out. You and I live in a world and in a life ... what Plummer did was Plummer did us in. Plummer went to the university of Michigan and brought back the credentials. Isn't that what you did? M:. Plummer: No Father, I did not go. I had the resume.... Father Gibson: No, no, no. You don't get me. Yes you did. No, no. Plummer in nominating... isn't that what you did? Mr. Plummer: Yeah. Father Gibson: All I'm saying, note, Plummer nominated and told why. And we nominated, I think we told why. I think what we ought to do is to put ... what we ought to do if we don't vote today, we ought to then come to the position where we put the record on the table. I said this before, and I'm going to live with this. If I had my way about it, I would have insisted that every assistant city manger that you had qualify for the position. The buck would have stopped there. But as it is now, we can pass the buck and pass the buck, and pass the buck. I hope my fellow Commissioners, and the public understands what I'm saying. Mr. Plummer: Father, let me say somethig to Father, please. Father, I want to tell you so that you will know, that I spent with Mr. Gary and 2 other candidates, in excess of 6 hours in my interviews. And what I did was simple. I took a budget book and we went through every department. Taht was before my decision was made. Second point, Father, is if you will recall back, I was the one who demanded the resumes of all 5 assistant city managers, excuse me, 7, and that they be all put in nomination so that they could not be excluded. Mayor Ferre: All right. Gentlemen, that all having been said, we still are in a deadlock position which we've been for 9 straight votes. We've taken 15. I would recommend that we go maybe another 5 votes and see if this thing continues deadlocked and there is no...if it continues deadlocked then I think we need to talk again and I have a recommendation and a position which hopefully, might change things a little bit. All right. So we're now on vote 16. �0 I I BALLOT NUMBER 16 Fosmoen - Ferre and Gibson Gary - Plummer Cepero - Carollo and Lacasa B:XLLOT NUMBER 17 Cepero - Carollo and Lacasa Fosmoen - Ferre and Gibson Gary - Plummer BALLOT NUMBER 18 Fosmoen - Ferre and Gibson Cepero - Lacasa Gary - Carollo and Plummer BALLOT NUMBER 19 Gary - Carollo and Plummer Cepero - Lacasa Fosmoen - Ferre and Gibson BALLOT aUMBER 20 Gary - Carollo and Plummer Fosmoen - Ferre and Gibson Cepero - Lacasa Mayor Ferre: All right gentlemen, I would like to say this. When we accepted Mr.. Grassie's resignation, the motion that was made concurrent w:_th the acceptance of his resignation appointed Richard Fosmoen as the C;ty Manager with the proviso, however, that Mr. Fosmoen, at the request of Father Gibson, tender a memorandum that he would resign at the ... upon the selection of a new manager at the next meeting. That has been extended several times. Now, there is a key sentence in that resolution that was passed and the sentence, and there is a key word in that sentence and the word is conclusion. In other words, at the conclusion of the selection process. Now the reason why that's done, like any good governmental process, is that when President Reagan swore in as President, he had the President of the United States, Jimmy Carter, standing next to him. And when one was sworn in, the other one terminated his tour of duty. So that the seat is never vacant. Now that process is a long established principle of our democracy and of our government. Fosmoen is ... unlike what the Miami Herald continually calls him, he's not the Acting City Manager because there is no such thing under the Charter. Under the by-laws. It's like acting president, there is no acting President. There is a Manager period under the Charter. There is no other title or classification. Now, he is the Manager of the City of Miami with a pending resignation upon our selection of a new City Manager. It is obvious to me at this stage of the game, that after 20 ballots that no one person is able to get the 3 votes which means so that the chair is not vacant, Fosmoen continues ir. that position until we conclude by selecting a new manager. Now, since that seems to be, after 20 votes, the case, I would recommend that we tclk about a different procedure, and I would like to now go to what Commissioner Carollo recommended at the very outset of this whole process. And I think obviously time has proved him to be right. And that is that we go through the process of a national search. Now, for us to go through a national search as we did last time, takes at least 4 to 5 months. Arthur D. Little which is the company we selected last time in this process tcok... how long did they take, Plummer? Do you remember? Mr. Plummer: Approximately 90 days and then we extended it to 120. Mayor Ferre: So we took 120 days in that process. If we begin the selection process of a company to do the research, the national research fer us, I would imagine that we could select that company at the April meeting which will be April the 9th. If we select that company on April the 9th, then they would be commissioned to report back to us in 65►n 17 1981 ist Mayor Ferre (continued): 90 days. Then, I would imagine by the time they got their search done and we selected, we're talking about some time, I would imagine it would have to be back and deliberate and see if we can break this deadlock at that point. Otherwise, you know, we'd have to wait unitl the election process and see w;nat the Commission that would be seated in November would think. Mr. Carollo: The two ends of the table will be headed in the same direction before or after the election but, Mr. Mayor, I respect your opinion, sir, but as maker of that motion that appointed Mr. Fosmoen, in the original motion to bring back a little bit of recollection, was that he be appointed as a temporary City Manager. The only reason that that had to be changed was that our City Attorney informed us that there was no provision in the City Charter for someone to be called temporary City Manager, that he had to be called the Manager. Even though, I think we all were in agreement that it was going to be temporary until we concluded. Now, as maker of that motion, let me go back into history a little bit and state the reasons again why I made that motion. I stated that I felt we had some qualified assistant city managers. We have 4 assistant city managers, and I felt some of them were qualified. I also stated that what I was trying to accomplish by making that motion was to open up the process state wide so that we could givf. the chance to a logy of people that weren't aware that we were looking for a City *tanager, a lot of people that have not had the opportunity or the time to really think it over, and take that major step and apply, to be able to do so. And I think that was accomplished, that a lot of people that at that time were not aware, or had not applied did come forward. And the reason that out of the 4 assistant City Managers that we had I was the one that mentioned Fosmoen's name was only becauue that was the individual that had received 2 votes from this Commission. knd the only way that I could get that motion approved so that we could open up this process was for me to go along with something that I knew 2 other members of the Commission would be in favor of, since they had voted for Fosmoen previously. And that motion stated very clearly, and Commissioner Gibson made sure of that when he asked for Mr. Fosmeon to sign a statement tinder oath, that he would resign, not when the process would be concluded, but he would resign whenever we would meet again, and we set a date. I forgot what date it was now. I think it was some time in November. We set a date and he was supposed to resign by that date whether we concluded the process or not. What happened was that we had not concluded the process and that was extended on several other occasions. But it was extended on a new motion, or should I say new motions by this Commission, not that �t was part of that original motion. `Mayor Ferre: Well I think we need now to get a legal clarification because now we come to a very important crossing of crossroads on this. So Mr. Clark, you have the original... or I'm sure you can get the motion and tell us where we stand legally on this. '.fir. Clark: Let me read from the minutes of the September 2, 1980 meeting. rather Gibson: You cannot appoint a temporary, or you know, Manager. I want to make sure ... or tell me this. If Fosmoen will give me a statement, signed notarized under oath that on November the Ist, you know, I want it black and white so there won't be any hard feelings. Mayor Ferre: I think we're making a tremendous mountain out of a relatively small problem. Mr. Fosmoen, on the record before this thing in finalized, would you give us a written statement that is notarized that as of the selection day on November 1st, or previous to that, you would hand in your resignation effective that date and revert back to assistant city manager. Mr. Fosmoen: Mr. Mayor, if that's what this Commission needs in order to get through this process, I'd be happy to do that. You also have my word to this Commission that in order to make this transition as easy as possible for you and any other candidates that on the day you consider next the selection of a City Manager, you'll have my resignation. Mayor Ferre: I think that's all we need for the record. I have no problems with this being put in writing so that... Father Gibson: Okay, we'll wait. Mayor Ferre: So that's perfectly legal. Father Gibson: We;ll wait. Let him put it in writing. We'll wait before we vote. Mayor Ferre: Mr. Fosmoen, do you want that .... do you want to put that in writing and would 66 1,",;' -? 7 1981 Mr. Clark (continued): the Clerk notarize it and submit it in the record. You can put it in your own handwriting. Mr. Plummer: Mr. Mayor, when they ask a politician what is irrevocable. Mayor Ferre: Mr. Fosmoen, when you finish with that statement, would you give it to Mr. Knox so he can approve it as to legal form. Would you read it after you approve it, into the record, so that we will all know what the context of it is. Put your initials on it. Mr. Knox: This is a memorandum dated September 2, 1980 addressed to the Mayor and City Commission it reads as follows, "At the next meeting for the purpose of considering selection of a City Manager, I h=reby tender my resignation as City Manager" and it's signed R. Fosmoen. Aid this proport to represent the idea that upon the deliberation and selection of a new City Manager... Mayor Ferre: And selection, deliberation and selection. Mr. Clark: ...that Mr. Fosmoen would tender his resignation as City Manager, forthwith. Mayor Ferre: Is that acceptable in legal form? Mr. Knox: Yes, sir, that's acceptable as to legal form. Mayor Ferre: Now what's the resolution say? Read it into the record in its totality. Mr. Carollo: Maurice, with all due respects, we can try to interpret this now any way that any of us would please. We could, you know, try to play games with words for or against. The bottom line is that regardless cf what any of us try to interpret this to mean now, I think that this Commission could decide to do whatever it pleases right now. r:ayor Ferre: That's right. 3 votes will decide it anytime. In the meantime, we're bound by what we've done, and by the law. And so if ycu could, please, read into the record the resolution exactly as passed and then answer my question as to the legal interpretation. Er. Clark: Later in that meeting, that same meeting, this resolution was introduced by Commissioner Carollo who moved its adoption. Resolution No. 80-620. A resolution accepting the resignation of Joseph R. Grassie cs City Manager of the City of Miami, Florida, effective September 2, 1980, and retaining Mr. Grassie to serve as a consultant on a week to week basis effective this date at a rate of compensation equivalent to his present salary in order to facilitate completion of the 1980-81 fiscal budget process; appointing Richard Fosmoen as City Manager of the City of Miami, Florida, subject to and in accordance with is filed written stipulation of this plate, stipulating that he shall resign effective the date upon which the �,ity Commission concludes its consideration of the appointment of a successor City Manager but not later than November 1, 1980 with advertisements being immediately published in newspapers in certain cities in the State of Florida, requiring persons interested in submitting applications for such position of City Manager to submit their resumes within 2 weeks from publication date of said advertisement, setting forth the process to be used by the City Commission in the selection of said successor City Manager. :Mayor Ferre: All right, what does all that mean now in simple, clear language. Mr. Clark: That means that on October 30, you had another meeting and you passed another resolution, 80-800. A resolution appointing Richard Fosmoen as City Manager of the City of Miami, Florida, subject to the continued applicability of his written stiuplation dated September 2, 1980, said appointment to remain in effect until the next meeting of the City Commission to be held for the purpose of considering the selection of a City Manager but not later than November 6, 1980. And you've passed subsequent resolutions. And that's where we're at today. Mayor Ferre: See, as I understand it, it's not ... I'm just trying to get by this impasse that we have. If we can't get 3 votes, gentlemen, today, for any one individual, then it seems to me that the only logical thing for us to do is to go to a national search, and obviously, that means extend Mr. Fosmoen, Mr. Plummer, until such time as we have a report from the national search, at which time we'll try again to see if we get 3 67 ist �.'' 17 1981 Mayor Ferre (continued): votes for anybody. In the meantime, what else are we going to do? Mr. Plummer: I've got a great idea. Let's go to lunch. Mayor Ferre: Anybody else want to make any great ideas? Mr. Carollo: Well not as great as Plummer's but I'll try to give a little bit of input anyway. I think that there's 2 courses that this Commission can take. One of them is to keep on voting today until we decide, until we get tired and we can't decide and then if that's the case, and we can't decide today, after we keep trying and trying and trying, for the Mayor to call a special meeting as quickly as possible for the sole purpose, the sole purpose of selecting a new City Manager, and for this Commission to lock itself up here until we come out of there with at least 3 votes for one individual to be our City Manager. Now, you know, I hate to go back into history, but if we don't learn from history, history repeats itself. And I think that if we all go back to the dates that at least 4 members of this Commission were appointed to the Commission, we would find that at least in some cases there was a lot of ballots were cast. In one particular case, I recall the last one when someone on this Commission was appointed, it took 31 votes or something like that before that individual was selected. So, my feelings are that we've played with this long enough and we have to get back some serious government, and we have to select a City Manager. The way to do it is by starting right now. If we'll vote 1,000 times if we have to, until someone gets the 3 votes that are needed. N.ayor Ferre: Well, you have 3 members of this Commission that have stated that they're not going to change their vote, and that means that there is only 2 of you who are going to be possibly changing their vote. And I personally don't think we're going to conclude this thing today, all day tomorrow or the day after. And I think we're at a stalemate, and the only way to break the stalemate is to go for a national search, continue with :'osmoen as City Manager, which obviously puts us through the budget year, and then discuss this when we've concluded a national search which will be some time in September. I don't see... Mr. Carollo: I'll take Plummer's suggestion now and let's go to lunch. Mayor Ferre: Does anybody have any problems... yeah, with breaking for lunch. I'll tell you, if somebody comes up with a better idea, I haven't heard it yet, but I sure wish they'd come up with it. We'll be back at 2 o'clock. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 12:20 P.M., reconvening at 2:13 P.M., with all members of the Commission found to be present except for Commissioners Lacasa and Carollo IN MAR 17 1981 i w 47. MOTION TO EXTEND DATE: FOR I-.l'P � :; CATI, — 'r.V. (LATER FORMALIZED) Mr. Plummer: Mr. Mayor, excuse UC-. You will recall on Item 6A that I asked for that to be deferred. I got to have anutl,er vote here. Mr. Mayor, that's on the cable television in which I had requested that all of the people come back. Mr. Mayor, the bids call for those RFP's to be in on the 1st of April and what I wouiu lixe to do now since we are not going to be selecting the consultant until the 9th that we extend that time for additional. leg work by the companies to the loth of April which will be the day after the consultant is chosen. Mayor Ferre: Alright, Fattier Gibson, can we get you to second this? See if we can get Father Gibson in here for a second and make... Oh, Mr. Lacasa is here. Mr. Lacasa, can we get your second on... Commmi .Tuner Plummer wants to extend the c-abli: television timing to the loth. Is that correct? Mr. Plummer: We are not going to ;ticking the consultant now until the 9th. So I would like to give ten additionai days to the companies for their submittals. So I'm asking that, that be extended to the loth. Mayor Ferre; Alr.iE;ht, there is motion by Plummer that ten additional days be given to the cable t.v. kidders, seconded by Lacasa, further discussion, call the: roll. I d-'UPON THE FOREGOING MOTION was designated MOTION NO. 81.-201 was antroduccd by Commissioner Plummer and seconded by Commissioner Lacasa was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. (LATER FORMALIZED RESOLUTION NO. 81-230) 48. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS (COMMISSIONER CAROLLO ENTERED THE MEETING AT 2:25 P.M.) PLAQUE and KEY = To THE HONOR -ABLE HkNS GEORG SCHATTNER, Vice Consul of the Federal Republic of Germany, who is being transferred from Miami. COMMENDATI0N = To MIAMI POLICE OFFICER KkNUEL CASTRO, for his selection as Most Outstanding Officer of to Month, for January, 1981. PROCLAMATION = Declaring March 17, 1981 CAMILLUS HOUSE DAY = Presented _to Brother Paul Johnson, of the Order of the Little Brothers of the Good Shepherd, for their untiring love and efforts in ministering to human needs. PROCLAMATION Declaring MARCH AS MENTAL RETARDATION MONTH IN MIAMI = Presented to Larry Forman, Executive Director of the Association for Retarded Citizens of Dade County. 69 MAR 17 1981 PROCLAMATION = Declaring March 22, 1981 PEOPLE FIRST DAY = Presented to Ms. Julie Palaske, President of People First of Dade County, a group of handicapped and retarded adults working to make Dade County a better place for all to live. PROCLAMATION = Declaring MARCH AS YOUTH ART MONTH = Presented to Ms. Barbara Spiegel Art Teacher from Dunbar Elementary, one of the many Dade County Schools conducting thds program to convey to the community the vital contribution art education provides to the younsters in school. COMMENDATION = To MR. CRISTOBAL CARRENO = Football Coach, for his untiring work with the youth of our community. 49. AUTHORIZE CERTAIi? C.HAidGiES I:i OCTOBER 24, 1979 CONTRACT WITS FRAi11: J. ROOi:EY FOR CCNSTRUCTIO:d OF CITY OF MIAMIM IVERSITY OF t1IA:'iI JAi:LS L. hNIGY.T Ii:TER:'ATIOIIL CENTER, FURTHER AUTHORIZIiIG A RESERVE FUI-:D TO 11FET OTHER C011STRUCTI01'. C0111TIi4GLNCII.S Mayor Ferre: Alright, we are now on Item 43. You have before you a redrafted resolution. Would you please point out what the differences are? Mr. Grimm: Well, there are no significant changes in the redrafted resolution as to the one that was sent to you previously. There is however,attached a form of a change order which we are approving in principle today. There is still... the money parts of it are already agreed on. There are a few is to cross and is to cross yet, but that will be done this week between the City Attorney's Office and the contractor's office. Mayor Ferre: Alright, is there a motion on this? Mr. Plummer: Move it. Mayor Ferre: Plummer moves, Gibson seconds, is there further discussion on Item 43,as amended,and presently before you in resolution form. Mr. Plummer: Now, Mr. Mayor, just for the record. Mr. Grimm, all parties concerned have been made aware of this and are on record by virtue of no discussion from them that they are in accord? Mr. Grimm: Yes, sir. Mr. Plummer: I hope all parties heard that. Mr. Grimm: They are here if you want to ask them on the record themselves. Mr. Plummer: Well, but you see we got a lot of private meetings going out in the back room. Mr. Grimm: I believe Mr. Rosenburg is here representing the contractor and that's the most single important other party. Mr. Plummer: Mr. Rosenburg, you understand what I just said? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Do you have any problem? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: For the record your name and mailing address. (BACKGROUND COMMENT INAUDIBLE) MAR 17 1981 70 Mr. Plummer: I saw Mr. Worsham. Mr. Worsham, you are aware of this sir? Of Item 43. You have no objection? For the record,he is indicating by the shaking of his head vertically that Lhere is no opposition. Mr. Grimm: Mr. Worsham is answering however, in this particular case as the City's construction manager. Mr. Mayor, I would like to say that this item will have to come back before you in the first meeting in April because the financial arrangements require an ordinance. So this approves it in principle and we will bring back the detailed paperwork at a subsequent meeting. Mayor Ferre: Further discussion, call the roll on Item 43 that is before US. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-202 A RESOLUTION AUTHORIZING CERTAIN CHANGES UNDER CONTRACT OF OCTOBER 24, 1979 WITH FRANK J. ROONEY, INC. FOR CONSTRUCTION OF CITY OF MIAMI/LTNIVERSITY OF MIILAI JAMES L. KNIGHT INTERNATIONAL CENTER, INCLUDING CHANGES TO ADD $2.7 MILLION DOLLARS TO THE GUARANTEED MAXIMUM COST, EXTENDING DATE OF SUBSTANTIAL COMPLETION TO APRIL 27, 1982, AND ACCOMPLISHING CER- TAIN OTHER MODIFICATIONS PERTAINING TO FUTURE CHANGES AND OPERATIONS UNDER THE. CONTRACT; AND FURTHER AUTHOR- IZING A RESERVE FUND IN THE AMOUNT OF $1.8 MILLION DOLLARS TO MEET CERTAIN OTHER CONTINGENCIES IN CONNEC- TION W111i CONSTRUCTION OF SUBJECT PROJECT; AND FURTHER PROVIDING THAT THE SOURCE OF THE AGGREGATE OF $4.5 MILLION DOLLARS BE THOSE FUNDS RECEIVED BY THE CITY FROM THE SALE OF THE INTERAMA PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 50. ISSUE BUILDING PERMIT: WORLD TRADE CENTER BUILDING AND GARAGE Mr. Plummer: I move 45. Mr. Lacasa: Second. Mayor Ferre: Alright, there is a motion and a second. Under discussion. Mr. Grimm, as I understand there is... the problem here is one of precedent that they are using some of the public right of way under the street for the purposes of driving these piles. Now, would you explain that and tell us where we are and what needs to be done? Mr. Grimm: Yes. Last year when the World Trade Center and garage were in the final throes of design Mr. Worsham called me and explained that they were having a very difficult problem with the foundations because of the height of the building and it's proximity on two sides 71 MAR 17 1981 to the public right-of-way. He asked at that time if we could consider, we the City would consider allow the piles to encroach into the public right- of-way by virtue of a batter. In other words, the piles would be driven at a slant. So although they may start at or near the property line at grade they would be encroaching into the public right-of-way and in this particular case specifically about seven feet into the right-of-way forty-five feet below the ground. I told him at that time that I would have no problems supporting this. However, this required Commission ratification. They mistakenly took my statements as being conclusive and started to work on the job without our coming back before the Commission. So we are here today and I think that this is precedent establishing and I do not think the Commission should be in the position of having to arbitrarily grant this to any other future projects. So I wanted to make sure that there was adequate justification. And Mr. Worsham and his architects and engineers are here to explain the need if the Commission so chooses. Mayor Ferre: Alright, I'm satisfied as to the need, but I want to make sure that the Administration is satisfied that a public purpose is being served because my only concern is the establishment of precedent. Mr. Grimm: Well, we are establishing a precedent. There is no question about that Mr. Mayor. Mayor Ferre: Mr. Grimm, I think that we are also serving a public purpose and... Mr. Grimm: Oh, of course, this is a public building. Mayor Ferre: Sir? Mr. Grimm: This is a public building. This is our building. Mayor Ferre: This is our building, number one. Number two, if we don't do this if would be an additional very substantial cost that we would probably have to end up either litigating or probably ending up paying the difference. Mr. Grimm: Well, the engineer's evaluation which is attached to the information you have infers that, that the soil conditions are such that there is not a practical way of putting foundations underneath this building except as they have indicated. Mayor Ferre: Alright, are there further questions of the Administration? Further discussion on Item 45, if not, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-203 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE PROPER CITY OFFICIALS TO ISSUE A BUILDING PERMIT FOR THE CONSTRUCTION OF THE WORLD TRADE CENTER BUILDING AND GARAGE, AT 100 S.E. 2ND STREET, PERMITTING PILES FOR THE STRUC- TURE TO EXTEND UNDER THE PUBLIC RIGHT OF WAY APPROXIMATELY SEVEN (7) FEET ON THE WEST SIDE OF S.E. 1ST AVENUE AND THE NORTH SIDE OF S.E. 2ND STREET UNDER THE TERMS AND CONDITIONS CONTAINED HEREIN. (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 Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson NOES: None. Mayor Maurice A. Ferre MAR 17 1981 51.. PUBLIC HEARING: CON'i'INUA•i'IOi; �)F PVbLIC hFART`;G CIN APPROVAL OF DEVE LOPME'N'I ORDLK' FOR MI.AMI CE`7 TER 11 f."Ie^ip,,ror.i1,; deferrf�d -. reo I a t f > r thIs rreetIng) Mayor Terre: Thai rr,e,Ans we are uow up to lt.~, #—)() which is the 2:30 agenda, which is the develepmeiit ur I _ r `or chc: 'Miami Center II Dupont Plaza Project. The Chair recognizes you Mc. Mr. Grimm: Mr. layor, I believe Mr. Reid is here. Mayor Ferre: Mr. Reid? Mr. Reid, we art now on the Miami Center II Project. (BACKGROUND CO*DIEM IN'1!MB'.E) M.. Clark: Mt-. Reid, tuay I just Itav` the record reflect that this is a continuation of the public hearing, which had begun back in January. Mr. Reid: (PRrFgVvTA'IION MJ,H AWAY FROM THE MIKE, INAUDIBLE). Mr. Plummer: Mr. Reid, ri;ay I interrupt you for one. moment because I hope. I;Omewhere along the line that you are going to incorporate the thing that I have brought up on the two previous meetings. You keep referring to a development order, but at this time I have not seen any definit> plans. I have seen no architectual renderings. I have not seen a scale mode: e.N(--pt by DDA. The logical conclusion that I must draw is what. are ;ou asking me or this Commission to approve. Now, unless you have received some documc:nis since the last. meeting I don't know how we can tell them to proceed with development when we don't know a:l)at t11" d�.el<pn>,7c i, e, tine example that Mr. Gould has informed me that at the last meeting; he indicated there were going to be two towers anti thev were i�oing to be "x" number, I don't recall the figure, of officr space and subsequently he has now changed that to one tower of condominium. Now, I continue to bring up and harmner the very basic... at least what I think Is the basic point, vhat are we approving? I have yet to hear anybody speak to that. So I hops_ that in whatever your remarks are you will give me something tangible to put my hands on say here is what we are approving. Mr. Reid: (COItMENT INAUDIBLE). Mr. Plunm)er: No, no. No, no. Mr. Reid, I pay you. I do not pay Mr. Gould because we don't have that kind of money. I want you to address it. You are my paid professional. Mr. Reid: I intend to address it Commissioner Plummer. In terms of the development program of the applicant which is the major issue that you are being asked that you act on today. The DRI is an attempt to take the development t:ro�,ram for a given site and assess it's economic and environmental impact. So the major thing that you are being asked to approve today is a development program including restrictions on the bulk of development as it relates to floor area ratio. With respect to the development... Mr. Plummer: Wait a minute, repeat that last statement. Mr. Reid: Restricting the development program including the developments to be undertaken upon the project and restrictions on the overall floor area rritio. Mr. Plummer: Fine. Now, without a set of plans how do you know what that.floor area ratio is proposed to be? Mr. Reid: We have been provided a sheet set of drawings with respect to the plans and information with respect to the floor area ratio. And I'm attempting to put it down on record. 73 MAR 17 1981 Mr. Plummer: Have you forwarded that to us? Mr. Reid: Yes, it was forwarded on the... On March 16th a memo was signed by Joe McManus, first page entitled "Exhibit A". Mr. Plummer: And that's in our packet? Mr. Reid: That's in your packet. Mr. Plummer: Alright, thank you. Mr. Reid: And in that information, it says that the office tower is still an element of the development. The office tower including 1.5 million six hundred sixty-six thousand square feet of officer building. And the second office tower has been deleted from the development program. And in it's place is the request to develop seven hundred units of residential. The retail development continued at the gross level of about three hundred thousand and the parking space continued at four thousand requested parking spaces. So with respect to the development program the development program has been changed at the deletion of an office building and the inclusion of seven hundred residential units. The second point with respect to your question Commissioner Plummer... Mr. Plummer: Excuse me, Mr. Reid, I do not have an Exhibit A. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plururer: Well, no, he said it was in my packet. Now, you know, we had an episode about this yellow journalism at the last meeting, I thought. Is it in this group of stuff that was thrown at us this morning? Mr. Reid: Yes, Commissioner. In the yellow item that's marked #15. (BACKGROUND COr2 ENTS OFF THE PUBLIC RECORD) Mr. Reid: The page that begins Exhibit A. Mayor Ferre: Is there a substantial difference, Mr. Reid, between this and what we previously had? Mr. Plummer: Yes, seven hundred condos. Mr. Reid: The difference is the development program. A deletion of nine hundred plus... nine hundred thousand square foot office building and the addition of seven hundred residential units. So there has been a major shift in the development program. Mr. Plummer: Yes, but you see... Mr. Reid, let me tell you something. When did you get this Exhibit A? Mr. Reid: The Exhibit A? Mr. Plummer: Uh huh, when did you get it? Mr. Reid: Exhibit A, Commissioner Plummer, is a sheet that was prepared... Mr. Plummer: Mr. Reid, my question? Mr. Reid: I cannot answer the question, Commissioner, I will have to ask AtRff anA nee Then thcv rPePived it. Mr. Plummer: We are in serious trouble. Mr. Reid: Well, we... Mr. Plummer: Mr. Reid, did you get it ten days ago? Mr. Reid: We received... Mr. Plummer: Five days ago? MAR 17 1981 Mr. Reid: I would say within the last four or five days we received the information on the environmental consequences of this project late last week. Mr. Plummer: Mr. Reid, I haven't even read this. Now, you can stand there sir and talk all day long, but until I have the opportunity to read this I can't even intelligently discuss what you are talking about. Now, you have had this item. You know the law. The law says you have got to have this in my hands five days prior to this meeting. Mr. Reid: Commissioner Plummer, we did not have within five days of this meeting the environmental impact of the development as proposed. Mr. Plummer: Mr. Reid, I'm talking about Exhibit A that you say for the record that you have had about a week. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Excuse me. Mr. Mayor, I just don't understand how we the people who are making the final decisions are expected to stand here and understand from the Administration things that he is talking about. Has anybody else had the chance to read this document? Now, you know, I want to tell you something. Mr. Reid, you can continue if... Rev. Gibson: I have seen it nor have I read it. Mr. Plummer: Hey, I want to tell you, you are wasting my time. Mr. Reid: Commissioner Plummer, I perfectly understand what you are saying. The fact of the matter is that we could not send the recommendation to this Commission. The requested development order had been changed until we evaluated the environmental information on the impact... Mr. Plummer: Then don't schedule it for the agenda. The law is clear. Five days in advance. Mr. Reid: The bind that we are in Commissioner Plummer, is that the request for the development order action can only be deferred at the request of the applicant. Mr. Plummer: No, sir. Mr. Reid: Yes, sir. Mr. Plummer: No, sir, you are wrong. The second is by this Commission. Mayor Ferre: No. No. No, no, you can turn it down. Mr. Plummer: That's right. Mayor Ferre: But that's a different item. But he said deferral. The only person that can ask for a deferral as I understand it under State law is the applicant. Mr. Plummer: Is Mr. Peterson here? Mayor Ferre: We cannot defer it. Mr. Plummer: Is Mr. Peterson here? Excuse me? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: He is sick today. Mr. Mayor, it is my understanding that both of you are wrong. Now, I could be. But it's my understanding that this Commission has the right to ask for a deferral for further information at any time. I don't think State law would preclude this Commission for granting us time to get additional information. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Look, Maurice, I say to you it is extremely important more so than to hand me a paper that he is sitting here discussing and 75 MAR 17 1981 not one of us have read. Is that how we are supposed to handle? I'm sorry. All I got to say Maurice, as far as I'm concerned let's put this off. If you want take a fifteen minute break, let us read it, let us digest it and then we can talk on the same wave length with Mr. Reid. Mayor Ferre: Well, the applicant is here so I will ask the applicant. The Chair is going to rule that we are going to take a fifteen minute break so that we will be able to read this. Unless the applicant now wants to withdraw the motion. The applicant is shaking his head which means he does not want... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, would you make sure that the... Mr. Reid: Exhibit A, if I could just say Mr. Mayor, simply puts into the record the applicants development program and incorporates three previously actions of this Commission with respect to this development. There is nothing you know,... Mayor Ferre: Mr. Reid, do you have sufficient copies of Exhibit A? Exhibit A is three pages. Actually, it's two pages. Exhibit A is these two pages and that's it. On both sides, ok? Now, the question is do you have enough Exhibits A's where we can take a fifteen minute break and the people who are here can read these two pages? Those who want to read it. Do you have enough copies? Mr. Reid: We will have to make more copies. Mayor Ferre: Well, I think that will be very appropriate. So we will now take a fifteen minute break until we have enough copies of these two pages where people can see them. NOTE: AT 2:55 THE. COMMISSION TOOK A FIFTEEN MINUTE BREAK. NOTE: AT 3:05 THE MAYOR ANNOUNCED THE MATTER WILL BE DEFERRED AN HOUR. Mayor Ferre: We do not have the full extent of the information that we need to make an intelligent decision and so Mr. Reid has now asked that we defer this for an hour. We are going to have to defer it for an hour because we do not have the total development order before us. There are four pages missing. Is that correct? Mr. Reid: Yes and Mr. Mayor, what you had before you was the development order that was provided on February 5th plus four additional pages have been provided to you with changes in them. What we would like to do is to integrade those two documents, provide you and the public a complete copy of the development order. It's easy to follow. Mayor Ferre: Well, I think Commissioner Plummer is abundantly correct that we need to have before us exactly the document that we are voting on and not a patched up piece meal thing that's missing paragraphs and pages. Alright? So I'm sorry to hold up such distinguished members of the legal profession and I apologize to all you. We will delay this for an hour. Alright, we will then take this matter up at 4 o'clock this afternoon. 76 MAR 17 1981 ,I 52. MODIFY EXEMPTION TO REQUIREMENT- PERMIT CONSTRUCTION OF 58 UNIT APARTMENT BUILDING "BANYAN PLACE" Mayor Ferre: Alright, we are now on Item #51, modifying an exemption to the requirement... 51, is that a non -controversial item? The Manager recommends Item 51. Mr. Whipple: In two or three lines or less it was found that the building permit issued on 700 Northeast 26th Terrace was issued in error and subsequently that permit was revoked in order to solve the situation where construction had begun on the project and it did not meet the fifty foot waterfront setback. The permit was revoked and if the applicants come before you or the property owners come before you today requesting the Commission to set aside the Charter Amendment. requiring a fifty foot setback on Biscayne Bay and in lieu there of providing a twenty foot setback with necessary legal documents by which to provide public access to this twenty foot water front wall landscaping it, lighting it in accord with the planners. They have been submitted to us. They ask the Planning Department and the Parks and Recreation Department thoroughly review these plans and the applicants are here to request that you approve this whole operation from the Charter Amendment and accept the twenty feet, as public access, special maintenance, lighting, landscaping. Things of that nature. My understanding, number one we have the plans prepared by a landscape architect. They were submitted and the Department of Recreation. It is my understanding that a covenant has been put in the hands of the Law Department for recording pending a statement of this Commission that would impact by this twenty foot public access easement and perpetual maintenance. So they are preparing to come before you today and ask this allowance. Mr. Plummer: But you are not saying that you are asking us to change the Charter Amendment. You are asking us to waive this application? Mr. Whipple: That's right, the Charter Amendment specifically sets forth that should someone feel they could not provide the fifty feet they could come before this Commission and ask that the fifty foot requirement be set aside in lieu of some public purpose. They are coming before you with the public purpose of providing a twenty foot easement fully landscaped maintained etc. Mayor Ferre: Alright, you are the attorney right? Why don't you state your name for the record and what it is... Mr. Plummer: Well, can I... Mr. Mayor, can I finish? Mayor Ferre: Sure. Mr. Plummer: Mr. Whipple, then I am to assume that you feel, you the department and the Administration that this public purpose has been justified and as such you recommend? Is that correct? Mr. Whipple: Yes, sir. Ve feel that the solution as provided is a reasonable approach,and will benefit the public, Mr. Sheldon Evans: Mr. Mayor and members of the Commission, my name is Sheldon Evans and I'm the attorney for the present land owner... Mayor Ferre: Alright, Mr. Evans is the stenographer yours? Mr. Evans: That's correct, Mr. Mayor. Mayor Ferre: Thank you, sir. Mr. Evans: And as Mr. Whipple pointed out and I would like to give you a very brief history as to why there are more than equitable reasons 77 MAR 17 1981 to be here to allow us to comply with the Charter. The application is to fit within the present law and our client, Creighton Investment Company who is a group investors from Switzerland purchased this property on Biscayne Bay from the previous owner who had obtained the permit. The land was purchased together with the existing permit. That's significant. There came a time when someone within the City upon review thought that there might have been a problem because of platting was being correct and that it was not within the plat book. It develops however, in fact that the platting was correct and legally valid because the platting was contained within the deed record book, not within the plat book, but in the deed record book and in fact, on the very survey which had been submitted to the City during the course of the application for the permits that information became apparent. Now, given that background that our client purchased the property with the e-A sting permit that being the time when the Charter Amendment then passed required a fifty foot setback. Our clients positions is that certainly did nothing wrong but acquired the property with all legal propriety. In all events we as Mr. Whipple has pointed out sought as you do in life, you compromise ;,o that things are accomplished to no one's detriment and everyone's benefit and in that regard planning and our architects Mr. Bill O'Leary who I would like to introduce in just a moment for your benefit pnd ours. Modity the subject property in such a fashion as to give twenty foot frontage which didn't previously exist and dedicate it as Mr. Whipple mentioned to the City for public purposes. It's important as a legal basis that the Charter Amendment as Mr. Plummer just pointed out (CO161MENT INAUDIBLE). We are not asking ofr a change we are going to fit within the existing Charter Amendment which says in cases where there is a public benefit to be derived you need not comply with the fifty foot, but you can do otherwise. And today with Mr. O'Leary's help we are going to hopefully persuade that this is a public Benefit to the City, but I wanted to point out by way of history that is significantly client takes the position that it holds a valid building permit as it exists and as iwas granted to prior property owner, but not wighstanding that technical position and truly an effort of comradrie and to resolve this thing expeditiously because the project had been stopped. Need I mention at significant cost each day to the developer for some forty days now and we sant to get it resolve and the resolution is to make this dedication to the City. Now, at this point if I might, I would like to introduce Mr. O'Leary who has worked very closely with City Planning and a rendering. Mr. O'Leary? Mr. Clark: Mr. Mayor, for the record let me state the legal posture as far as the City is concerned there was no order to stop. There was simply an order that they comply with the Charter Amendment which have a different set of setback requirements. And for the edification of the Commission the statement by counsel with respect to the Charter can best be understood if I read this sentence from the Charter Amendment. "The above setback and side yard requirements may be modified by the City Commission after design and site plan review and public hearing only if it is determined that the modification requested provide public benefits such as direct public access, public walk ways, plaza dedication, covered parking up to the flood plain level are comparable benefits which promote a better urban enviroment and public advantages or which preserve natural features". Now, Mr. Evans is correct in the sense that they have adopted a posture of compliance and they come before you now seeking to have a modifications which are allowed in teh Charter, but I just wanted to make that perfectly clear for the record. Mr. Evans: Thank you. Mr. Lacasa: Let me check something with the City Attorney, Mr. Clark, what we are discussing is the retroactive application of the Charter? Is that what we are discussing? Mr. Clark: No, we are discussing right now the fact that when teh Charter Amendment was passed there were exemptions or exceptions one of which was as far as the projects which have received site and development plan approval. Now, this was prior to September 18, 1979. There was a question of fact that arose as to whether or not the site and development plan approval had in fact taken place and this is what the Law Department came into the picture and the opinion was rendered that they had not 78 MAR 17 1981 I I timely filed and therefore, the Charter was applicable. The developer has taken a position that in any event they will now seek to have the modifications that they are asking for today. Mr. Lacasa: So the position of the Law Department is that they are not protected by the exemptions... Mr. Clark: Unless the City Commission will get... you are correct, there was no... as far as the Law Department was concerned this procedure that they are following through today is a necessary step in order to proceed with their plans and construction. Rev. Gibson: I would like to ask a question. Had a building permit been granted prior to the... Mr. Evans: Yes, sir. Mr. Clark: My understanding is that the building permit had not been granted prior to the time required. When I say building permit actually it's the site and development plan approval. Had that been done then, they would have received and I believe they had been given a permit to comply with ordinance requirements as distinguished from shorter requirements and it is the position of ehe Law Department that, that... the Charter requirements were applicable rather than the ordinance requirements and that's been resolved as far as the Law Department is concerned by the present posture and the approach by the developer before you today. Mr. Evans: It is our position that the permit was properly granted it is No.80543,the developer has spent S300,000 persuing that the permit tvas in June or July not something that happened percepitiously. Rev. Gibson: Mr. City Attorney, when did this... Mr. Clark: The Charter Amendment was passed and the results were declared on September 19th and the election was held on September 18th. Rev. Gibson: And this man had a building permit in June. Mr. Clark: He had submitted a "preliminary" site development plan in June. That's... Mr. Plummer: June of when? Mr. Clark: 1979. Rev. Gibson: Did he get a building permit? Mr. Evans: Yes. The permit number is 80543. Mr. Plummer: But 80 indicates that it was taken out in 80. Mr. Evans: It was amended and yes, you are correct Mr. Commissioner and the one that the development proceeded under was that permit. Mr. Whipple: But the City's problem if I may interject Commissioner, is that the question arises as to whether that permit was properly issued pursuant to statement of City Attornev and plus the fact that there was a portion unplatted, Mr. Plummer: Yes, but let me tell you what I'm reading, ok? What I'm reading is here we are being asked to excused the Building Department for incorrectly issuing a permit. Tell me if I'm wrong. Mr. Whipple: You are being asked pursant to the provisions in the City Charter that the fifty foot setback be set aside. ). Mr. Plummer: No, that isn't what I said. That isn't what I said. Obviously there was a permit issued by the Building Department of some kind, alright? Now, Danny Paul has gone out there with that magic marker pencil of his and has indicated that it ain't fifty foot at high or low tide in the depth of the water and they have exposed that this was incorrectly issued is what I'm reading and here we are as Jerry Silverman said for thirteen years on the Zoning Board, we are pardoning the Building Department. Now, if I'm wrong tell me so, because if 79 MAR 17 1981 that's the posture... you know, I have• taken tiou people out of trouble before and I will do it again. You are family. Mr. Whipl)1e: Th( isGue with respect t- the Building Department. An error was made. Mr. Plummer: it was our error. (COMMENT INAUDIBLE) Mr. Plummer: It was our error? (CO%LMENT INAUDIBLE) Mr. Pluraner: Mr. Whipple, I pay for my mi—al es, they pay for theirs. It's our mistake? Rev. Gibson: Right. That's why I raised the question. If that building permit had been issued prior to the passing of the ordinance it was the r(-s,-onsibility of the Building Department to go and say to these people these are the facts. Now, we have to always assume that the public is not knowledgeable and I'm saying to you that you ought to make these people hold. And I hope that message is loud and clear for the future. Mr. Plummer: Mr. Mayor, I will listen to all the discussion you want. It's out mistake. We pay for our mistakes and if in fact... I'm going to tell you I think the applicant for being generous in coming forth and walling to do this which is questionable whether he has to do it or n:_it arG I'm rc;idv to move Item 51. Mawr Terre: There is a motion on Item 51, is there a second? Rev. Gibson: Second. Mayor Ferre: There is a further discussion, call the roll. Mr. Plummer: Wait a minute. I think Mr. Grimm, you wanted to put a stipulation or something about the records on file. What is it that you wanted': Mr. Grimm: Just the fact that the applicant agrees to the stipulations of the department. Mayor Ferre: Alright, counsel on behalf of the applicant into the record. Mr. Evans: Yes. Mayor Ferre: Yes, what? Mr. Evans: May I have one moment to refer to my client? Mayor Ferre: Yes. NOTE: ITEIi 58 WAS WITHDRAWN. Mr. Plummer: Mr. Mayor, while the owners are having a consultation. Mr. Clark I want to ask a question. What is the obligation of the owners of the property in their ascertation that the setbacks are correct what obligation do they have? Mr. Clark: As far as the ordinance requirements then, it would be their position and they would only have to comply with the ordinance requirements. Mr. P::ummer: But is there some provision in our Charter that says that as much responsibility is on the owners of the property as well as the department to make sure everything is correct? Mr. Clark: That's a basic long standing rule that the applicant... Mr. Plummer: Didn't we argue this point about two or three months ago for some reason? so MAR 17 1981 Mr. Clark: I'm not aware of it. But.... Mr. Evans: Once the permit is issued the applicant has the ability to rely on that, particular wifen there has been an exchange involvement between the City and the developer at some point. Mr. Plummer: Counselor there is something that I recalled we had here some two or three months ago, ok? And I'm merely trying to establish on he record the law. Look, I follow a very simple premise. If I make a mistake I pay for it. If you make it you pay for it. Now, at this particular point from what I'm hearing from the Administration the mistake was ours. And as such, I'm sorry we have got to pay for it. We have got to bite the bullet and eat it whether we like it or not. Mr. Evans: I would like to mention that as far as the clients posture that the expense incurred since the work stopped and it was the direction that the permit is hereby suspended period. That it has cost an inordinate amount of money during the stoppage plus what additional exnenses are incurred. Mr. Plummer: Thank you, Counselor, you just added to my motion. My motion now includes that the developer will not take any legal action for recovery of damages that might have been incurred by the delay. That is part now of the motion and I thank you, for that. Mr. Evans: In all candor that was a consideration. And one of the recommendation from the department that there was a recognition that there was a potential for a lawsuit and we are trying to resolve it without that there is no cuestion. Mayor Ferre: Are we ready to take a vote now? Alright, call the roll, please. Mr. Grimm: No, Mr. Mayor, they have not gone on the record as agreeing to the stipuations. Mayor Ferre: Would you please... I thought I heard them on the record, but do it again, please. Go on the record. Mr. Evans: Yes. Mr. Mayor, the stipulation of the developer that we would stipulation that there would be no legal action whatsoever against the City of Miami with regard to damages the developer suffered because of this work stoppage and delay attributable to the... Mr. Plummer: No, that was phase... that was my after question. Mr. Evans: Correct. Mr. Plummer: The first question was in relations the legal documents for the public easement, the public access, the perpetual maintenance and that the plans will be made apart of the record on Commission approval. Have you... Mr. Evans: Yes, Commissioner, I'm familiar with that report and recommendation. I am in a difficult posture, then obviously, the developer does not want to have to go through the additional expense of this loss of 20; if it does not have to. But with a perfectly straight face I have to face the gentleman across the room who have been cooperative in the past weeks and acceptable to us. We would rather not have to do that if I were to choose "A" and then be turned away by the Commission, obviously, I want to see him come back and do this. Mr. Plummer: Counselor, have you ever heard of an offer you can't refuse? Mr. Evans: Yes, I have Mr. Commissioner. Mr. Plummer: There is one worse, it's called deferment. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: They are trying to make up their mind that they would like to see the way clear that the City is agreeable. 81 Mom? i 7 1981 (BACKGROLND CO'LlffNT C`rF' 'i1{I: PUBLIC 'R'E::ORD) Mr. Plummer: Let me read into the rezorti in very clear and concise and brief form. Providing a twent-; foot public easement, full landscaping in 11, C.0r(1�3nCe 1.71 th Lill' d> _,:15 car: f i ie. Number two, filing and record�.n, a restricted covenant ;.,laranteeing the public access and perpetual maintenance of said easemcnt <t;,, three, that there will be no litigation against the City for recovery o i.images if they occurred during the time of the work stoppage. Mr. Evans: I'm pre,) trod ti.r e?ntcr inLO Int icri with a proviso and I have to aUrrc,F ; myseir t be equally acceptable t,, the Cit , :,tr that ' thc: tw,:. my feet are dedicated any landscaping or i<<,, rove f_nt of th.;t 1). rtion of. Llcw desired by the city would be at the (.i ty' s 11ot the cieVe101-'Lr'.- expense. We are dedicating, the lane; and eLtini, an ease-,,lcnt with maintenance to be borne by the City. T?i gl,estion rom the client is this juncture with the expense of landscapini; or improvements be borned by the City. M—. Pluraaer. Counsr.lor .ou 'don't u,lc;erstanc well. Mr. Evans: I'm tryinf.; to, but i Mr. will. Mr. indicates for the record and the court reporter that the has _`,ust had a very severF, attack of laryngitis. Mr. Evans: 1 can sx,'e Xr. Nhipple any decision, making. The clients have int: "ir. Co~r..issioner .ind Xr. that the stipulations are .ccct t...r1<: tc t11C;... Mr. Plummer: 1 cal' Lh„ roll on Item 51. oilov:,n; ..: luticil Wa,: introduct'd by C,(3 .issioner. Plummer, who r,,oved its adopt;(,);-,: RLSOLtTI01 NO. 81-204 A HES01,11101; '.•,0D1; :*I:;G THE X-EQUIREMIENTS AS SET FORTH !N SFCTION 3C,I (b) OF THE CITY OF MIAMI CLLARTFR, CHt+PTER 10847, SPECIAL ACTS, LAWS OF FLORIDA, 1925, AS AMENDED, TO PERMIT CONSTRUCTION OF A 58 UtiIT APARTMENT BUILDING ON TRACT "A" OF ASSOCIATES ;?FACT, PB(114-19), LOT "0" LESS SOUTH FIVE (5) FEET AND LOT "I;\", BANYAN PLACE PB(8-55), PROVIDING A TW`KNTY (20) FOOT PUBLIC EASEMENT, FULLY LANDSCAPED IN ACCORDANCE WITH PLANS ON FILL: AND WITH THE FILING AND RECORDING OF A RESTRICTIVE COVENANT GUARANTEEING PU?iLIC ACCESS AND PERPETUAL MAIN- TENANCE OF SAID EASEMENT, AND RELEASE OF CLAIMS AGAINST THE CIT'i'. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconds _i by COMMiSSioner Gibson, the resolution was passed and adopted by the fn'Iowing vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. C'iqTII1lissioner (Rev.) Theodore R. Gibson Vicc-Mayor Armando l..acasa Mayor Maurice A. Ferre NOES: None. 82 MAR 17 1981 I I 53. TRANSFER AND REPLACE CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY Mayor Ferre: We are now on 52. Transferring and replacing of certain certificates of convenience and necessity issued under the provisions of Chapter 56 of the Code of the City of Miami. Mr. Plummer: Move it. Mayor Ferre: Motion by Plummer, is there a second? Rev. Gibson: Second. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-205 A RESOLUTION TRANSFERRING AND REPLACING CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY ISSUED UNDER THE PROVISIONS OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 54. CONFIR21 ASSESSMENT ROLL: SR-5377-C LIBERTY SANITARY SEWER 111PROVEMENT PHASE II Mayor Ferre: Take up Item 53, the Liberty Sanitary Sewer Improvement - Phase II. Is there anybody here who wishes to speak to that item? Mr. Plummer: Seeing none, Mr. Mayor, I move 53. Rev. Gibson: Second. Mayor Ferre: Alright, it's been moved and seconded, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-206 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF LIBERTY SANITARY SEWER IMPROVEMENT - PHASE II IN LIBERTY SANITARY 83 MAR 17 1981 SEI%ER IMPROV71KEN'I - PHASE 11 DT S ,KC T SR-5377-C (centerline sewer.); AND REMOVING AI.L PENDING LIENS FOR THIS I;TKOVLN11FNT NOT HEREBY CERTIFIED (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: Cr„T .iss.ionc c;: Laru�ln COMMiSSiOne—r (kcti .) i e arc R. C;ibson Vice-M.-A or Armando Licasa Mavor '-..aurict- A. NOES: None. 55. CONFiR.'t ASSFSSML'�T ROLL'. 5:-5377-5 L:BFRiy S,:I%LR i''•II'ROVF."LNT PRASE II i1`;Cr ill"C�: 1S there ciTl'�'�C'C]V �lerC' �;':no wishes to be heard on Item Lihert_; Sanitary Sewer inprovenent Ftiase II? A;1,body here? Alright, is there a motion. moves, Gibson seconds further discussion on Item 5.: call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-207 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF LIBERTY SANITARY SEWER IMPROVEMENT - PHASE II IN LIBERTY SANITARY SEWER IMPROVEMENT - PHASE II DISTRICT SR-5377-5 (sideline sewer);AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Ma;.,r Maurice A. Ferre NOES: None. 0 84 mgo 17 1Gsl I I 56. ACCEPT COMPLETED WORK: ENGLEWOOD SANITARY SEWER IMPROVEMENT SR-5461-C&S Mayor Ferre: Yes, take up 55, the Englewood Sanitary Sewer Improvement. Mr. Plummer moves. Rev. Gibson: Second. Mayor Ferre: Father Gibson seconds, is there anybody here who wishes be heard on Item 55? The Englewood Sanitary Sewer Improvement. Seeing none, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-208 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ROENCA CORPORATION AT A TOTAL COST OF $756,058.66 FOR THE ENGLEWOOD SANITARY SEWER IMPROVEMENT IN ENGLEWOOD SANITARY SEWER IMPROVEMENT DISTRICT SR-5461-C (CENTERLINE SEWER) AND SR-5461-S (SIDELINE SEWER); AND AUTHORIZING A FINAL PAYMENT OF $59,270.90 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 57. PERSONAL APPEARANCE: IRVING KERN CONCERNING USE OF FORMER MUNICIPAL JUSTICE BUILDING AS A JAIL SITE Mayor Ferre: Alright, we are now on Item #56, appearing by Irving Kern Vice -President, Premier Management Corporation in regards to the Municipal Justice Building/County Jail Facility. Is Mr. Kern here? Alright, Mr. Kern the Chair recognizes you sir on Item 56. Mr. Irving Kern: (COMMENT INAUDIBLE). Mr. Plummer: Excuse me, Mr. Kern, may I understand sir, what Premier Management Corporation is that you represent? Mr. Kern: We own, operate and 'franchise the Holiday Inn. Mr. Plummer: Across the street? Mr. Kern. Yes sir. We are located within a stones thraw of the jail. 85 MAR 17 1981 Mr. Plummer: Alright, sir, thank vou. Mr. Kern: As I said I like to comiserate law cr]forcemetnt officers for apprehending the criminals only to see our revolving door system go into effect. Booking criminials onl,, to have them back on the streets immediately engaged in crime again to he rebooked. Although, I am against the massive immgration to I"iami I c(7r,iser,ttc'. Thinkin;, then are coming to a land of opportunity only to find Lhat we cannot store them into our society because of the great influx of they... Not finding, employment some of them have turned to crime unfortunately. However, I do not comiserate political people. Certainly, I believe there has Neon sufficient time meantime to realize what was happening in our community and provisions should have been ri]adc to house.. these prisoners in a large area that could certainly accorm-iodate thousands of then, not the few hundred that you are proposing to house across the street from our Eoiidav We are_ i.I in crime, bQhind ';L'w Y,.,rV, and '.'.ewark. 1%�E` are nu:nb r �)ne in murder Al so and 4�' cours,c . w(_ know 41e are number oi'e in thu d2"tlt; world. we are 4'11 eve..rythine, but the Niar^i Dolphin. At this time the `favor of New York is down here try inr tc solicit .us:r.c.sr" selling bonds for New York and wondering why we here in Miami couldn't do the same thing promcting bonds or perhaps adding a cent or two of tax to our gasoline and cigarettes. I'm sure the community wouldn't object to that if it's e,oing to a worthwhile cause. But that wasn't enough. l:t<.ttad of painting several layers on _your proposed jail across tilt street from thu .ioiiday Inn sonic four, five or six acres that's probably worth four or five million dollars with access to 536. I thine.- you would look fur a locat cn near the Everglades some place where thurt wouldn't tc 3:iV tr."tnn1E it 1� usanLsses nor (lo'.;es that would have to copE with this situation, but that wasn't done. L. think by placing some two hundred prisoners in our area you are demoralizing all the people in the area an"... (.nau: i'.:ie}. if the facility opens on a '�onday it would be filled on a Tuesday and on Wednesday we would be looking at the same situation. So I don't think that he could (INAt'DIBLE). Of course, I'm concerned about our property. Our property is valued in excess of seven million dollars. We par City taxes. We collect a lot of taxes from the City, the County, the State and we with all due respect you people... (INAUDIBLE)... and there is many other people here that would also like to be heard that's part of our little community. As it is we are trying to recover from the riots that we had last year and I think we are recovering and we don't want to be set back by this and I hope that in some way you will reconsider it. I vehemently object to thiE situation and want to go on record as stating so. And whether i... win or lose. I would like to say come election time I personally will head a crusade against anybody that votes for this property. I think it would be best to put yourselves in the place of some of the people that live in the community and say to yourself what would I think if they wanted to put a jail across the street from my home? I think we have valid reasons not to want this and I hope that you people would reconsider it. Thank you, and I hope you will give us the opportunity for some of our other people to be heard.... Thank you. Mayor Ferre: Alright, thank you, Mr. Kern. Any questions from members of the Commission? Mr. Plummer: k'ell, Mr. Mayor, there arr other people that wish to be heard on the matter. I think we ought to hear them. (FIRST SPEAKER C0I�*:ENTS INAUDIBLE) (Microphone Failure) Rev. Gibson: Anybody else? Mayor Ferre: Alright, anybody else at this time? (SECOND SPEAKER COMMENTS INAUDIBLE) Mayor Ferre: We have a letter here which I will put into the record from Thomas S. Haywood Jr., Ellen M. Gerhardt, Louis Hansler and Inn. in 86 MAR 17 1981 L7 , Frank L. Fritzpatrick, Marian B. Fritzpatrick and it looks like Alma Stribblin, Richard Helmer, M.D. and Mary T. Bowman. They all pretty much say what these previous two speakers have said and I will submit them into the record. Anybody else? Alright? Rev. Gibson: Mr. Mayor, I want to ask a question. Go right on. Mayor Ferre: On Item 56 now. (THIRD SPEAKER COMMENT INAUDIBLE) (Microphone failure) Mayor Ferre: They vote has been taken already. The request is whether or not this should be reconsidered. Alright, Rob? Mr. Rob Parkins: The Crime Commission in that area, the Crime Watch Group was contacted and Ms. Pat Skubish who is here appeared at that meeting Mr. Mayor. Mayor Ferre: Alright, Rob is there any thing else you want to add to any of these... Rev. Gibson: Mr. Mayor, I want to add something because as the public knows I was in the hospital when this matter came up. I specifically said to the Manager, Mr.. Manager, go and find the head of Holiday Inn, the head of Days Inn, notify both companies that this matter was being considered and a decision would be made. I am embarrassed to say that that... it was not done that way. Now, this is the way it was done. The Manager told the Mayor. The Mayor asked if there was anybody in the audience from Holiday Inn. If there was anybody in the audience from Days Inn. I want to concede that is a different approach. Mr. Mayor, you are not responsible. That was different approach to the one I told the Manager about. The Manager has never talked with me subsequent to the happening. Mr. Parkins was there when I talked with the Manager. I was told after that, that what has happened is they are going to be in contact with Holiday Inn, it will be in contact with Days Inn and I made this observation and I thought I better put it in the record. Dade County hasn't been able to build a prison, a jail any where around here any time lately. And I said while calling upon these people and notifying them will not stop the Commission, this Commission nor Metropolitan Dade County from doing what it may do. Out of fairness to the people who had made the investment they should have been approached before the decison was made. I say that for the record so... and if I'm lying sir, you tell the public I'm lying. You tell the Mayor I'm lying. You tell the Commission I'm lying. What they said to me was they were going to leave the hospital room and make a call to Days Inn and Holiday Inn. I said to them we spend money, City money for an awful lot of things. Wouldn't it be advantageous if we called their headquarters, the national headquarters if need be. Now, the reason I say that is... I shall never firget when I opposed the women detention center across from Booker Washington School. Some of you on the Commission then you know what flack I got. And I said to the Manager, "Mr. Manager, be careful you don't have a repeat". And I said further Holiday Inn went out in that area and spent the kind of money they spent because that's where they wanted to go. Other people went else where. Days Inn went out there and spent their money because that's where they wanted to go. Other people went else where. I'm saying to this Commission there is such a thing as good P.R. Please understand I'm not talking against what has happened. I said this to the Manager. I said this to Mr. Parkins. I said common courtesy demands that you go and see those people before you make the decision. And I said further two years of temporary action on the part of government is usually forever. I only warn you all that the public is not foolish. The public is not dumb and at least whether we agree with them, we ought to at least recognize them. Ok. Mr. Ernie Fannotto: Mr. Mayor and members of the Commission, Ernie Fannotto is my name. I'm President of the Taxpayers League of Miami and Dade County. I am strictly against this jail. You know what amuses me they want to make it convenient for the criminals Downtown jail and inconvenience the property owners who invested their money there and that property is going to... (INAUDIBLE). No question about it. And when they go to jail their friends who are prisoners which we have here in Dade County and City of Miami in abundance. 87 MAR 17 1981 You art_' going to _ j_n,1 i �.. :_ 'J% c r1 i.-.e COi?I'li )_ LCt1 .i it i iia L art':i . And 1 say this hereti)t;,; :1 jaki, :)Lit pt:._ it where the people are not there. (I N'AUDIB1,E) ... propurt, owners and the taxpayers, jUSt vice versa. I'm (,oint, to say this •fiere :it: you folk went to put a jail put it on... (INAUDIBLL). We have ,_ncugli trouble keeping... I mean, these people paying high taxes without })aving their property devaluated ... (INAUDIBLE)... I hops, .7ou don't put the jail. MS. Pat Kt'Iler: Gnod afternoon 'Vm Pat Kt:l:E'r. I'm Pre:;ident of dirt Allapattah l.f TTIl??ity Association. 1. would l is tell tlic!Si L}1:it 1_',O not want another ).i l in the Civic (;t;-,Ler to standant: :,now t,uur .-UppOrC. Thank yCll, \'try i;lltCil. Wt:' tiiilii C Coi.lE .104.'n 11t'rt' just fcr riOChlnj;. We have had it ! iF.h`_ up to here.. V;e are simple not cal -alb ;r„i �I�.'•'�r�rt. i1�a'c'r, �1n �?t �Y:,n;e Bowl. 1 Orange Bowl the crjmf` rate we cxper'ienct_.1 'w.1:� L tremendous dimension. ;done of you were aware of it. hail% of us ex,,;4:rimer some much crime we simply didn't know _. n W what •�t 1:)�' L'ot `t)c.ethrY (f iCi we find out that soi:le of the wkir<'. hk,Ustu it 1Y.ilit'e' Flow] causing crii^e. We q.ent I'.liiljons of doi-ILl "i, iI)iliions. I mys• l*, t111vu busineo;ies and nn ap.ir imei?c- hnu; f- t�letrc' cIr),� VOii Call im�i fine WhaL time and effort r:v husband ail.+ i wt-nt throu�h to borrow and 5 rape up ever window at the apartment hou-;e and our businesses. We 1.iv _ in a jail atincsphere. I; ou ever eat your i'..'.' "o t1ie tune... ane. Vou heart iL 1'aLljier Gibson, probal'l`; ';il:'I1 vcu w(,rt� :1, Cedar;;. Tc .I;e _,.ne o: men bashing their till cups a�,ainst the 1'3Y5 at nit,ht. You can hear the obricC:ll%ies as you walk throuj;lh... (iov-n -mv stret-.!_ ci c.ci,i;iii��. ... �i..t`.i.l.tui.,_.) Lill, :-0 on. W:` .iic ci :*"i" t' _;( n; it. We have iionEc our part. Two jails plus the Voutti C I/tt.; .:It _tit' eu; !,e of our Ci1M,:rUnit: 1L .11.E WE' '1:; `So.VOL: ever have to s,-ilrry into your hor?e the wa; we have aw., time because a prisonvi- his E.t;cape(, . Wthave two r .w and We Won't St3no for anymorc. Now, We -%,r',)V nas TureG h1Y2 .: Y `Yi .1n31� I thiIiK, 1''s tl`:1:C 4 .,L&resting an,i ?ir. Park, -I' . tclis mt' tC)at tilt'rt' is no pla'h� tc lc_;l :'e i:cw. Well. you ,.'ant 'co ilrJl:St i?'.. Mr. ." tire, 1 don't think you ;art' l .,.,mot'.. Mr. Parkins tolls mc. . (IN;i. IDIB l:) . ..Lo voil know that,,; lllult:al. 1'iit' hlnridaii ..aw Cads for tt1C i,roper ..a':_11itIeS for criminals to bt i':1t':: ;cd. At aiiv rate:. Ti.c -loinL want to makt' here that tihe I)."): i `crod barrackv LO h0USL, cii::,in:.IS N(-w•, wt- SUr,',',(_5t that t,(- cric:-na' ') )isr'(? n 1 s 1n t;n r hfi: r<it h: 8rlli C'ril'. tht i G 1d1Qi113 that are t,oin, to oc) to trial .. i.I \AL DIP] I✓) .. Civic Centur be housed in the 1)reSUnf Daut' Ccunt`•' 'ail. Wt' suro as `net_k don't need anymore. And think you shc�'',Ild keep that in mind ti-cat it's just ,)i.ain illegal. And thank you, for notninz- I'm jL, t sick and tied of coming here, and have you people rape my community. Mayor Ferre: Alright, anybody else? Mrs. Skubish? Mrs. Pa.- Skubish: Mr. Mavor and members of the Comil ssicn, my name is Pat Skubish. i'i<, a property owner of Dada: County. I'm a property owner in the city of "Iia::ii and also a City of Miami; employee. I have recently appeared before you on February 11, 1981 tj be exact and discussed my concerns and objections with you about the relocation of this jail facility. To be sure that there is no misunderstanding 1 will state position. '1 have restatt' my posrticn. Pat Skubish along, with 25G tmr ioyees also. Area bu in�ssmt'r:, also with city residt ntes do not war:.: this jail. We do not want the odds placed higher against us... to tC victims ,,f t'ri:?t . A hrcak in will occur. Co=issior.ers and on that I wila gi.va you odd;. If it could happen at Raiford which is a maximum security prison tll:it is prepared, then what guarantee do we have that it won't hai, en at Northwest llth Street. If it could happen at the Dade County Jai.;.. ,'th thy whole' I';,lict' Departr;;ent at it's im;..ediatt: disposal what guarantee do we have Commissioners that it won't happen at 1145 Northwest llth Street. In the ;past two weeks since I have spoki• with yuu a lot has occurred. A prisoner Lilat was serving life sentence plus twenty yuars just decided to up and walk out of Raiford. No, they haven't caught him yet. They are still trying to figure out how he got out in the first place.. Maximum secu_ity prison, Commissioner. On February 17, 1981, headline's "Prison siege ends. Secretary held hostage for nine: and a half hours by one of Florida's most grizzly must:ere rs' , I:.:v ;:iteilrl l". If you are nct farili.ir with that name and that man's record Commissioners and Mr. Mayor, I would advise you to go to back copies of your local newspaper. You know Commissioner, I don't care what you call these people who are incarcerated, but you call them inmates or in7:ate-s. A few months back (INAUDIBLE)....... intellectual legislator tried to have them called guests of the State. and no longer refer to them as prisoners. Well, my intellectual response to that is nuts. What does pretrial inmate mean? And why are they in jail? Number one, they cannot raise bond. Number two, they are unbondable. When do we the taxpayers stop paying with our monev? I -Then do we the taxpayers stop paying with our lives? When do we the taxpayers rise up and say enough man enough? I never really wandered from my position, a position of not wanting the facility opened because of my concerns for my colleagues at work as well as residents and businesses in the vicinity. Many of them of Who I know and respect. Those of you who know me know my genuine concern for the citizenship of the City of Miami. My positions in the past where I have defended our citizens position and interest and you should know gentlemen, you should know gentlemen that I intend to do so in the future. As I said —on February 11, 1981-1 am a realist. I am realistic in my recognition that we cannot continue with an overcrowded Dade County facility causes the continued release of criminals into our street. And consequently I have had to balance my realistic desire that the facility not be opened when an equal realistic understanding of what would benefit our community as a whole. That is where I was on February 11, 1981 and that is where I am today. Mr. Mayor, you appointed me watch dog for the -9ty in representing the concerns of the City employees. This was ultimately expanded to include neighborhood residents who also asked for my help. And keeping in mind Mr. Mayor, the two realistic positions I had to balance. I have had meetings with representatives in the Dade County Manager's Office, our own City Manager Mr. Fosmoen and his representative Mr. Parkins along with William Harrison, Ruth Shack, the City of Miami employees, City of Miami residents and businessmen, a local crime watch committee. I have been busy. In these meeting's the common thread of concern was security, security, security. The out_ growth of all the4e meetings resulted in Metro Dade County agreeing to numerous security provisions, including exterior lighting substantially that above which probably exist now. Security in the area where prisoners will b2 moved. interior renovation that is supposed to isolate jail facilities but perhaps the most significant concession in the County was the relocation or twenty-one sworn Dade County police officers. The building at 1145 N.W. 11 street, the forty-five correctional officers plus the provisions of the security guards provided for a visible police presence in efforts to bring a small substation of police officers closer to us and the concerns of the eommunito in my opinion. Even my original position which is I do not want t-aat jail at 1145 Northwest llth street. That if the people here have lost this battle, and let me know gentlemen that we would not have lost if we would have had the. time. We had known what Dade County was putting through on an emergency ordinance. For if we did we would have turned 1145 Northwest llth street into a barn, but again I state if it must be then I believe the concessions that we have gained from Metro Police..Metro Dade County provide the best possible security that we could attain. I am still not happy but I do feel that you did give us an opportunity Mr. Mayor and City of Miami Commissioners. You treated us a little: bit better than Dade County Commissioners treat their people. I just want that on the record. You made a bad situation —at least, reasonably tolerable. I don't know where I am going from here but I can assure you I will. continue to fight tD, but you have Mr. Mayor, appointed me watch dog. I can guarantee you Mr. Mayor, you are now in possession of a Doberman Pinscher. Thank you. Mayor Ferre: I am si+re I speak on behalf of all of us here in thanking you for the countless hours that you have put into this in trying to make sure that we got teh maximum concessions out of Metro the additional twenty-one police force that they are adding to the area and so on. So I know that's something that you have accomplished and on behalf of all of us thank you, for your time and interest. Alright, is there anybody else on the Commission now want to ask my questions? If not, Mr. Manager guess we can go on to fifty-seven. Mr. Plummer: Well, no, Mr. Mayor, I don't think we can do that. You know, I have listened attentively to all of these people speak and wonder if these people are fully aware of the total picture. The total picture is that they speak of crime, crime in the neighborhood, yet this 1s proposing to take some two hundred plus of the criminals off of the streets. Without this facility at the present....Ma'am excuse me, I was very quiet and attentive and listened to you. I would ask the same consideration. There as explained to me is no other place 89 MAR 17 1981 to put these people at th:! prusent. tim o is 1 rt,.all is only for a two year peri.nd c time until. sor;le f ac- I J v can t: t built and i t was most definite as �o the two year time framt•. Now, `fr. `iayor, 1 want to tell you 1 understand thLi.r c0:1ce1*1,, but_ I :iIs() understand the concern of t1he City and I Inave vet to hear r,ti,ex t„an the proposal that Pat Keller made which is my understanding is not and will not he forth coming as reference to the army. 611at do we do as far as these criminals are concerned. Onc corLmcnt was made that r.'„t Jade Count,. Jail put them there, Well. I think we all know the prob1c,- :'.sere. Thy. court order says you have dot reduce the ,population which I to put more of them hack out on the stroet. Mayor Fevre: J. I-, how jell.;; il,i: tr,a,t �n Mr. Plummer: Maurice it t 5 t>err. j.:,i:1 ever. b.;.;,�t: _i,_ ,,olive station was there. Mayor Ferre: How io-ag was that' Plu-im;� r: m)en was it.. . Mr. Grimm: IT! r.h_= :t;`0'S ur,tii US a few years aj,o Mr. Plu=.,(--r: I thiur i:c CiO: b.' l:;:jiOi"iant question i it closed as a `a:.l Mr. Grimm: Well, it was last a jail When the women cleteriz "M Center was completed and I don't remember exactly that gate Co,-„r.;issioner. Mr. Plt—=-Or: That's about two years aic). Mr. Gritmn: At least that, ye.s. `,r . P 1 ur or : a question that SAicl w':at an alternative. I 1-adn't that thi, wac? % t_t nporary can give me a we rkal'ile F,o listen, but I haven't yet Lit .'m saving is this Cormiission was faced with is the alternative and Al. haven't yet heard heard anyone today address the �i:.uation :Ltt.isur(_'. 'Mr. :'iayor, ail 1':a saying if somebody lotion, an alternative to this I'm willing to at this point heard any alternative. Mayor Ferre : Mrs. Keller for a very brief comment. Ms. Keller: Yes, I wanted to say to Mr. Plummer that ... (INALDIBLE)... have a problem it seems to me. When all this... too much of a problem put it in the Civic Center... Mr. Plummer, as you know you have been allotted five hur.:+red thousand dollars. Now, with five hundred thousand dollars I'm sure you can find someplace other than the Civic Center. And incidentally it was a jail in the Civic Center when we didn't have two other jails. Now, J. L., I never cease to be amazed at you. If you are saying that you are going to put a third jail in my community. I don't know how you can live with your conscience. Mr. Flurur.er: Well, Pat, you lake a lot of statements that are not correct, you see. A little bit of knowledge is dangerous. First of all Pat, we are nct putting, a dine into it. That's number one. Ms. Keller: It's coming, frc:m the Cuban -Haitian Refugee Fund. Mr. Plummer: Pat, your statc;,,!nt was that we are putting five hundred thousand dollars. Mr. Plummer: We are not putting a dime. Ms. Ktiler: I understand that... Mr. Plummer: We are not putting a third jail there it's been there. It's been there for years, ok? Now, Pat it's fine... MAR 17 '19e1. ,1 Ms. Keller: We have never had three jails. Mr. Plummer: Pat, it's fine to be negative. solution. Give me an answer and a Ms. Feller: I certainly will. You put them outside the City. You put them in the rutivinQ districts. You don't nut them in the heart of a community, J.L. Why don't you people put them iii your own community'. Why don't you lend some money? Why put it in front of Holiday Inn? We have businesses to run. We can't continue to run it with three jails in one little community. J. L., you this and Father Gibson.. The objection that people felt in relations to the women detention center. Alright, we ended up with that. How can you in good conscience even contemplate putting another jail there. The only people that should be jailed in our community and we are willing to accept ttiat. I'm willing to go along with the burning mattresses beine thrawr out. Lock what va have cot there. But to add another, no no matter how you., "J'i # 3 it, this is jail . Mayor Ferre: Alright, thank you, very much. Now we must move along. 58. PERSO"CAI. APPEARXNCF.: SEVERAL PERSONS CONCER-KING 1�ACK OF PARKING IN THE DOW"iTOWN AREA- POSSIBLE SHUTTLE SERVICE FRO11 THE ORANGE BOWL ETC. Mayor Ferre: We are now on Item 57, which is a personal appearance by Emilio Calleja, Executive Director of the Downtown Miami Business Association regarding Dokiltown parking. Mr. Emilio Calleja: Thank you, Mr. Mayor. My name is Emilio Calleja. For the record I am the Executive Director of the Downtown Miami Business Association. Gentlemen, we have a serious parking problem Downtown and I'm sure you all are aware of it. But we believe that we have some solutions and that is why we are here. In case you haven't been Downtown in about five years let me give you some important numbers and a run down. 1980 we lost a thousand sixty-five parking spaces at Ball Point and in the Off -Street Parking Garage Building. This year 1981 we are losing eight hundred in Dupont Plaza, three hundred forty-five at the World Trade Center, three hundred fifty at the Government Center. By 1982 in less than a year we are going to lose the other half of Dupont Plaza... if plans go along there,..of course, they are rowing now. So we are vying to be losing a total of three thousand one hundred forty-seven spaces Downtown in a very short span. At the price of progress, at the price of the construction that's going up. Now, this problem has existed for quite a while and we have gone to Ene proper agencies to deal with this problem. We have gone to the Off -Street Parking Authority, the Downtown Development Authority and the City of Miami.. Our problem has gotten worse. It' not getting any better and within a few months will also be another thousand and where are we. But what we have done and here is the solution end of it. We have gotten together with the private sector Downtown and we need the help of the public sector and that's why we are here. Now, this has come up before in some serious arguments over what we are doinc Let me try and put this in context. All the people that are going to speak here today are private citizens, private businessmen Downtown and we are appealing the public sector to come to our aid. You got the Downtown Miami Business Association which I represent and my President will also be speaking, the Chamber of Commerce is here, New World Center Action Committee on parking, the Community Development Task Force is here, Miami Dade Community College is here. These people that are here to speak to you today on the parking problem have a solution... We need a declaration of parking emergency from the City Commission. That means that we can go ahead and look at the.. bandshell..Watson Island for immediate parking relief. Now, this doesn't sit very well with a lot of people, but we have got to do something. Mr. Plummer, said the parks are for people. We are Downtown and.we are people —and unless we do something 91 MAR 17 1981 about our people w�, <;io not gojns-, to ha,:L, ,:e art Floc 5oin� to have people. We are not going to have --v,-';C,( -LaT"Ition of emergency will allow us to study 11-hc.se two arpi--,cts of the situation. The Vatson Island prcpr,sal in(' the-- Banc.,hoAll TwL two, three, four years down the line, but right, away . This t',-,(- hiring of a constiltrl ' t �,-- Jonk at parkins. tb0111ti011'- These were funds provided by the Corimminitv T)e% . . �,JO-pmi.:nL A(,ivi-ory Ta,11- Force. Thirty thousand dollars is all we could get, ou, of a Pundred thousand dollar project to evf�n luck atParkingwt)rking wAitil-iouL a and working with iiic !' I I -� t rt.et Pa T` ing AULn,-��r ty, Li�t-, O'l-, Authority Board, Morris Kaufmaii � i (i- :-, something that by your Cor milssion wc wp w"L"i a, work -able. solution that We hope will get your su-pport- rin,: -,.,: :ai (:c, ic the parking immediately. I would like to cali on please. Mr. Tom Chimberlir,: My name is -1(D-,;,;. I't a rcosiden,,: I ara an employer in th& Dou-ntow-i. area. I eCit)iC.;over j My business is Lffect,.2d by the ;,ar.Kin;; 7,roblem. My f---mplovees are affected by the parking prol . 1 c M . Mayor Ferro: r. :�:;t;cr:ir, ,a: ,,-ou ',-,Qrc o. a Capacit,7 or •011 here roprescnf-in� the ,)f Mr. in: 1 resentin;, the Chambers. Mayor Ferre: Ok, woulri you so state into the recor;! that 70L -rt: here n A t - liaL . . . Mr. C r i ti. 3L. ti C cl-ia 117- 111. vi '-',C ('"har.-.ber Of Commerce. 1 are hore ri--pr -. � -* ' t: 6 C- IA " , L, !,� C�'i, � L force has--,z,c;t two years. We have seen this pro,,*, IC'M C r�: Lo C! - I .. ., OMU 0 r. C, - C, F, n c i -, i �, the ('I f I` r r ec P rk i n,Aiillnurit,, t111-1t; C-*,L, Office and tnu 7),,wrtown Authcrity. Parkins; -'s causing going, to 9tt Thv DowiltOw-- --t�rc'-Ianit S to our economic healtih are 'hurt shoppers can f slid ajtcriiative.s where parking is more convenient and less costly, Downtown offices art-. `,iav cLII L v in retaining and recruiting, employeus because they too, can f i-.e, alternatives where parking is more convenient. L:i,J clic!aper. 1-i-, addition to with employees the Downtown umplo,-ers are also affected because visitors to business are inconvenienced in terms of looking for parking. This is a complex problem. There are no easy solution. There is no one cure-all solution. Tlierc is no solution which will be possible. Fact:... any solution is going to have it's fair share critics, but we can't avoid making the decision. We must take decisive action. Last week the Chamber of Cor=erce held a parking crisis sumit meeting at Bayfront Park Auditorium. This was to garther information on plans to try to solve the problem and to receivp the community's objections for immediate short term solutions. -It's 'from, the information gathered at this MZ,:ting that I will give you sorre of our proposals. But let me assure you that the business community wants to be a pail of the solution, but we need The crisis is two fold. Shoppers for the merchants much have short t.,rm parkins available and employees of Downtown businesses and construction worke, -s wor}--n, Downtown must have longer ter-,-. parking available. To solve L. cse tw,- conflicting problems we must make parking for the office emplo.,ecs an? c-nnLruction workers available.. two fast- frequent into, th,-- Dos.-ntown aria durin!L', the mornino and evening rush hours. This is the only solution that will satisfy both needs. These are the that were put forth at the Chamber meeting last '-eek. The City of Miami should make i=.,,ediately Watson Island, the Orange howl and the band shell in BayfronE Park available for all day parking for the Downtown employees and the construction workers. The Metro transportation agency should begin frequent sl-u.`61es between Watson Island and the Orange Bowl as soon az, these areas become available. T'he Downtown businesses and developers of the buildings under construction should institute subsides for their employees and workers which would be strictlN.. This actions would Insure the immediate success of the service and it would encourage people to use it. Number two, the City of Miami must immediately establish a two year moratorium on all amenities. Paving, drainagc, ,92 MAR i 7 1981 7 lighting and landscaping required under the present ordinances for the operation of these parking lots. `rhis two year moratorium should be limited to the.. area bounded on the South 15th Road. (in the West by I-95. On the North by 20th Street and on the East by Biscayne Bay. This action will provide the incentive for property owners to turn vacant land into parking lots immediately. Given the crime problem in our community there is _justifiably much concern about the safety in the parking lots that will become available and the general answer to these concerns is for lighting. The market place however, will adjust to these concerns. One alternative is to require that parkin lot operators erect signs indicating that there is no lighting at night ime and that the parker parks at his own risk. Requiring lighting for only a two year period is a unreasonable request to the property owner of parking lot operators. Such an expense will prohibit the owners of lots from converting. their property into parking lots. Requiring the lighting will prohibit the community from achieving it's two year solution. The third solution is that the Greater Miami Chamber of Commerce with the marketing and financial support of the Downtown businesses.would start a van -pooling program, program enabling workers living in close proximity to band together and van together into the Downtown area. Also instructions will be offerea for firms who wish to do their own van pooling. The City of Miami should instruct the Off -Street Parking Authority to all the vans to park in metered spaces and garages free of charge. It is estimated that one hundred vans could be put into service within the first year serving fifteen hundred passengers. And finally, the City of Miami Police Department should be begin to strictly enforce parking violations. long term parkers must use peripheral lots, reserving the meter spaces for Downtown shoppers. Enforcement of the parking violations would help to insure this. And as we are working on this we give a short term solution for the next two years. The Chamber is working together with the Downtown Miami Business Association and the Off -Street Parking Authority, the City Manager's Office, the Downtown Development Authority's consultants that are being retained who will work for moratorium solutions so that we can avoid having this problem again two years from now. But we must take action now. Thank you, gentlemen. Mayor Ferre: Mr. Chamberlin, before you go I have only got one question. In your point number five which had to do with the enforcement provisions on the meters, you know, from personally experience, because I end up getting tickets all the time for being there too long, I think that those meter maids are doing one heck of a job in ticketing cars that are there longer than they should be. Now, there is no way that a car can be identified as either that of a shopper or that of an employee. So what particularly do yos mean by that the police should enforce the... I don't understand that. Explain it. Mr. Chamberlin: It is cheaper today for someone use a meter spot for long term parking than it is to go into the garage at one Biscayne Tower that might cost you fourteen dollars a day. So that where's car is parked... but beyond the one hour limit or two hour limit it should be towed away. Mayor Ferre: Oh, I see, you are talking about towing now. You are not talking about ticketing? Mr. Chamberlin: Ticketinb should take place where there is a violation, but where the car is there for an extended period time should be towed away. Mayor Ferre: I understand, ok. I think that's something that we will address in a moment after we hear from the other people that wish to be heard. At this time I guess the next speaker would be what? The Downtown Development Authority? Let's go through organizations first and then we will get the individuals. Is Roy Kenzie here? Roy Kenzie? Well, I guess he left. Is there anybody else here representing any organization? Organizations first. Mr. stuart Merkin: My name is Stuart Merkin and I represent the Community Development Task Force for Downtown. I'm a citizen of the City of Miami. Also, a voter in the City of Miami and my law office is Downtown. I don't have to rehash the problems that we are having and Armando, I don't have to tell you what it's like in our building when 93 MM .l 7 1981 clients come down Doi,mtown to park and they can't find parking. The problem isn't necessarily the cost of parking. They do object to paying six or seven dollars to have to park, but the problem is for these people actually finding parking and we are losing people from Downtown. We are losing Clients that don't want to come Downtown and over the next three or four years we are probably going to be losing attorneys and office people from Downtown to go to outlying area:. There is a lot of competition that we are having in Dade County with Downtown. There is a lot of new office parks going up and if something isn't done soon we are going to have a serious problem keeping people Downtown. There are solution that we have talked about. tde have talked about Watson Island and we know what the problems are with Watson Island. I read in the paper last week that there is an objection to it because. they think it's going to start a precedent with perhaps having the amusement park at Watson Island. If we do something at Watson l.,ldnd which is a necessity we should structure it in such way that it comes up for review every six months and we coordinate it with three thousand or so parking spaces that are going to becoming on stream in teh three major parking lots, parking buildings Downtown. This is something we are going to have to do because it's a necessity that we work with the people that are objecting to Watson Island. In addition to the Orange Bowl and Watson Island we might set up something like they have out in the City of Seattle. ^. free zone Downtown as far as the buses are concerned down.. vay be as far north as 36lh Street where people would have parking lots available to them and they would be able to ride buses free around this free zone. There is a lot of solutions that we can do. The ultimate solution and if we don't do something fast, the ultimate solution might be to put a moratorium breeds upon all of this new building that's going on Downtown. Because that's where we are losing the parking places and until those get in place we are not going to have additional parking spaces for the offices. Thank vou. Mayor Ferre: Mr. Kenzie? Again, is Mr. Kenzie... Mr. Kenzie? Well, alright, now we will start with individuals. Are you representing an organization? Mr. Kenzie.? You know,... Mr. Roy Kenzie: Mr. Mayor and members of the Commission, for the record my name is Roy Kenzie, Executive Director in the Downtown Development Authority. As you know at the last Commission meeting I was here before you to request permission to declare a parking emergency Downtown which would then enable us to utilize Watson Island as a perepheral parking lot to enable the bus shuttles from the Island back and north to Downtown. We had gone through a number of alternatives before we made that suggestion to the Commission and our major consideration in choosing Watson Island over others where one is relatively secure in relationship to other parking lots that we had looked at. Secondly, it's very close to Downtown and accessible by major express ways. Third, as you are Downtown in an office building you can almost see your car on Watson Island and people perceive that as being very close. In terms of the bus ride, it's very easy to go back and forth. And I worked with the Off -Street Transportation Administration. They indicated that a bus shuttle could be put into effect which would have 5 minute headways which would mean when you need a bus available to rake you Downtown.or back to the island every five minutes during the peak hours of use. Now, there are also five groups that presently cross the island so it would be accesible during the day We look at Watson Island as a nerepheral lot because with the bus shuttle parking prices could be kept relatively low. Perhaps as low as two dollars a day which would include the bus ride back and forth. We felt that in terms of Watson Island it's a solution which would be put into effect quickly and we are faced with a very serios problem at that time. I must bring to this Board one other item which has changed from the time I addressed you before and that is the second part of my recommendation at the last meeting which was the use of the band shell for parking on short terms. My Board in this last meeting on Friday of last week reopened the issue of both Watson Island and the band shell parking and at the discussion of both issues passed a motion supporting and strongly urging that we move forward with.perepheral parking in Watson Island, but discouraging moving forward with the conversion of the band shell parking mainly because of the plans moving forward for the development of the Noguchi proposal in that portion of the park. There is an alternative, I think, which you may wish to consider. And I was just talking to Mr. Gould in this regard. He owns, of course the block. 94 MAR 17 1981 i A immediately South of southeast Bank. 'pow, which no can park about four hundred thirty some cars. tie is i::t Lr itnf-, t4, , i+ se ghat. Iot within the next few months. The next couple of months to provide space for construction worl-,ers to park. We could alternatively provide that space where they hand shell is and allow liim to keep that lot open in Dupont Plaza to park cars and than we would be sure cf the interim use of the band shell area parking and the ability to mo•.c them out quickly should we want to move forward with development. But r.. Board recommended not to move forward to develop public_ parking in the band si,ell area, but urged all speed in moving forward in Watson Island. Thank you. Mayor Ferre: Alright, Ms. Flcren::e Shu:.in? Ms. Florence Shubin: My name is Florence Shubin and I'm President of Save Watson Island. Mr. Mayor and members of the Commission, I don't have to tell you that to destroy Watson Island or any other public park to make way for a parking lot is not only wrong but unconcionable I'm goint; to read into the record the letter I sent to Governor Graham and the Cabinet which is self-explanatory. "Dear Governor Graham and members of the Florida Cabinet: The Mayor of the City of Miami is violating the waiver oo the (cord restriction granted by the State of Florida by proposing that work burin immediately on a three tro :s4nC ciir ;c.'r i_' 1ol- for t:ie propost-d _.m-.Ise'ment park on Watson Island under ttie, pretense_ t'tlat c1115 particular location is needed to replace parking lots eliminated by Downtown office building construction. This is to be a parking; hyatt operation. There are parking lots and they are cl::)L�e to Downtown Orange Bowl that could easily accommodate over three thuusa:'id cars. Exactly three thousand eighty-one on lots owned by the City of ;l,r;.i. which are :,nt in use except on weekends for football Frames, etc., tinnt could be used without destroying a public park. But Mr. Ferrer ha:, hi,_siL.;:ts c,n ,.:atson Island. A parking lot on Watson Island, a reautiful public park with 1.�w:.n and hundreds of trt!k:s and an international Japanese garden, goodwill gift from a Japanese industrialist who brought his designers plant from Japan would all be destroyed before South Florida Regional Planning Council's appeal is heard by the Cabinet and before the of. the City of Miami against the counsel and cabinet adjudicated. TAT,en we appeared before you at the December 2nd meeting you promised to he ,cur ally and the development of regional impact process would run it's full course. We urge you to immediately cancel the waiver of the deed restriction on Watson Island and put into effect the reverter clause.. I would like to also add that a parking lot on Watson Island is a substantial deviation to the amusement park D.R.I. now in process and you cannot go ahead with another development which would require it's own DRI while there is a DRI on appeal. Why not use simple solutions. Review the Orange Bowl parking lot. They are ready made. No acquisition construction cost are involved. They are just as close to Downtown and the are available for use right now. For your information from Watson Island to the Dade County Courthouse is two and a half miles. From the Orange: Bowl to the Dade County Courthouse is two miles. I have found that the distance from Watson Island to the Dupont Plaza and from Dupont Plaza to the Orange Bowl are approximately equal. Don't solve one problem by creating another problem. Just make it easier on yourself and please leave Watson Ie'_and alone_. Mayor Ferre: Alright, next? Mr. Ernie Fannotto: Ernie rannotto is my name and I'm President of the Taxpayers League Miami and Dude County and the Homestead Taxpayers League of Dade County. I certainly am for helping business people. They pay larpe amount of taxes and I think that they ... we should do something. However, I will say that business people that are very slow to let the commercial people take over most all of the land in town. However, I am still for it but I am against. Listen, now you should lay your nanas orr or the Dana snell on Watson Island. You know, we have streams of cars coming over that causeway when people go to work in the evening and yet they want to put a three thousand lot parking lot which means they have to drive their cars there, drive it back. lde can't stand that much traffic thru but I am in accord with the Orange Bowl and I would like to make a suggestion. Get the Orange !owl :'arking lot. -hey ought to build .... the City of Miami, I 95 MAR 17 1981 believe, should cooperate and should cooperate with the businesses in building a triple decker parking lot at the Orange Bowl so that the Dolphins can use it when they are playing foot al.l and the rest of the title the businessman can use it. Now, they will only be using it for so many games in the Orange Bowl. But tnat is the iaea up and up and up in order to cop with this here situation, parking situation. And the City of Miami can do it and they can charge you enough money just to get carrying charges. We have to ror tourists and the name of t1he .-.ame Is the State of Fla. Miami and Dade County. And T want to thank vou, very much. Mayor Ferre: Alright, 'It-Ir. Fannotto. Next? Mr. Herb . Mr. `savor, my name is Herb _ First of all in proper prospective we are interested in the next three rears in the problem that's currently facing us. We along with all of the employers Downtown have made provisions temporarily for an employee and customers. We fee; that with ';atson Island.. ...what we are really looking for is tlic, consensus by the Commission that we can come up with a viable proposal for this period of time and that they would be interested enough so that we could use some of the... to work wit'- ,,nr staff order to pi;-s1 this project. 1 have already gone to Metro. We are prepared as far as the bus situation is concerned. We are prepared because you are already have invested in our employee parking that you come up with hard numbers as to what we will be able to put in this particular protect in order to free up spaces for people using the Downtowns and move our employees to a more peripheral area. Thank you. Mayor Ferre: Alright,' Janet? Ms. Janet Cooper. you all know me as Janet Waldman, but I have had s legal change of nave which 1 an rnow announcing publicly. ',v name is now Janet Coo;,Lr and I ii.vu at 1901 Brickell Avenue. I have: no easy solution to what is in fact a critical problem. However, I do want to make two cor:mients. first of all, I thought that the comments of the first two individual speakers were very enlightening and I approve of what they had to say. But lastly, my concern from the presentation, the original presentation is safety. We have such a severe problem with safety, people working and going Downtown as it is that if we allow unlighted isolated lots to be utilized for parking even if there is a sign. A sign may tell somebody "hey, you have a good chance of getting hurt here" that's not going to make people stop parking there because it's going to still. be the only place to park and its not going to stop the criminals. Aad I don't think that eliminating the parking lot lighting requirements for any parking spaces is a good idea. Mayor Ferre: Alright, next? Mr. Leonard Turkel: My name is Leonard Turkel, I'm at 227 Northeast 17th Street. The two office buildings that we have are stores fortunately far enough away from Downtown, so the parking problems hasn't affected us. As sensiLive as I am to the problems Downtown and as serious as they are I think that I have to make a few comments regarding. first of all, the phrase "Parking F.aergency". :ome how the parkin; problems does not seem to be detinea very well as an emergency. The sense of immediacy and lack of predictability that some how emergency does not explain what's happening Downtown. I don't think you have a parking emergency. I think what the City has is a planning emergency. I think unless they start to deal with some of those problems, some of the planning problems Downtown parking is merely a symptom affect as serious as it is. And about Watson Island. The Downtown Development Authority's logic for the use of Watson Island is extremely interesting. Secure, close and accessible, you will bt� able to see your car, it's a quick bus ride and it's close enough to be quick. Well, I think there are better parks than Watson Island if that's the criteria and if those are the things that we are looking to accomplish... Now, have you thought about Bayfront Park? It's secure, it's closer, you can see your car, you can walk over and touch it at lunch time and you don't need a bus or any of the money that's required and surely it's a lot quicker than Watson Island. All the FEC Property belongs to Bicentennial Park. I think that there is a certain amount of confusion here and we will come up with whatever logic we need. And Watson Island 96 W1AR 17 1981 N is not the answer. No public park is the answer and I think that once and for all you should keep your hands off the public parks and try to solve the problem, solve the parking problem Downtown and may be more importantly, solver the planning problems Downtown. Thank you. Mayor Ferre: Next? Ms. Frances Gulden: My name is Frances Gulden, I'm the Director of Human Resources. As an emploher of approximately two hundred employees in Downtown 'Miami office buildings I appeal to you to help us with our parking problems. We personally have knowledge of persons that refuse to work in Downtown ,Miami because of the - difficulties of parking. We encourage our employees to make use of the public transportation via car pools but that is not always possible Many of our positions require employees to park for a part of the and it has been impossible to obtain'parkinr,'ofi an in'and out basis, some of the other problems we experienced are the inexpensive lots where its not safe to walk. Employees need to arrive before 8 A.M. in order to get a spot in the meter lots. Employees must arrive before 8:30 A.M. to get a spot in other lots. Branch employees are not eager to transfer because of the parking problems. Other employees are not eager to attend meetings, seminars, and because' of the narking situation. There is no place to park it you arrive Downtown in the aftt.rnoon. The lots are all filled. Close, safe parking areas across the street for three dollars a day, sometimes much much more. We find it necessary to advertise and encourage our applicants that are applyinj; ideal situation simply because these applicants will not come Downtown. I also personally: believe that certain portion of the congestion in the Downtown area are: people going around looking for parking. Therefore, some additional lots could be provided. Any help that we can provide will be appreciated. Specifically, I urge you to use the Watson Island and I was thinking; of the band shell area also on Bayf.ront Park. You know, quite frankly, I think that there are a lot of cars in our parking area now. I really don't know who they belong to, but they are parked there. Thank you. Rev. Gibson: Alright, anybody else? Mr. Tony Alonso: My name is Tony Alonso and I'm President of the Downtown Miami Business Association and Executive Vice -President of Department Store. I want -to urge the Commission to declare a parking emergency because the situation in Downtown Miami is a case of emergency. It's critical. We the business people, we the merchants have to pay our taxes every month. We have payroll every week. We cannot with the imagine of crime in Dade County getting worse and the perspective of the tourist dollar .ieclining. I don't see it coming for this year, perhaps the next year. We are pleading to the local people to come Downtown, but we don't have a place for them to park. I for myself and my store has spent over fifty thousand dollars since last October in an advertising campaign. And I go around and I see hardly any results. The reason being I have taken surveys because people don't have a place to park Downtown. 1 urge the commission to declare a parking emergency for the use of Watson Island and other outivine areas for a period of no less than two years and no more than three with a review that, that's the wish of the Commission in order to solve the problem. The problem is critical. I don't see a solution in the next two or three years and I don't want to see Downtown choke. We have come a long ways to have a beautiful Downtown. I think we can have a tremendously beautiful Downtown, but we need to let it survive for the next two years. We need to make it commercially viable for the next few years. Thank you, very much. Rev. Gibson: Alright, anybody else? Mr. Sheldon Orentein: Yes, my name is Sheldon Orenstein, I am the Vice -President of Operates of Flagler Federal Savings. I'm here representing Flagler Federal today. I have written to each of you gentlemen last month about the parking problem Downtown and I an. here to tell you that we support the proposals made today. Ve do not however, 97 MAR 17 1981 support the Orange Bowl proposal. Rev. Gibson: Anybody else? Mayor Ferre: Are there any other speakers that wish to express an opinion at this time from members of the public? Ms. Rosalynd Franklin: My name is Rosalynd Franklin and I happen to Live at Island Avenue. That's on Belle Isle, Mi=:Tri Peach. I speak for the people who are using the Venetian Causeway as well as McArthur. I want you gentlemen to realize the two life lines of our community. I'm not a resident of the `iami side, I am on she: `'cach side. Put these two bridges are our only exit and entrance whether it be an emergency or in the general routine of the day. The Venetian Causeway we are having enough trouble with our bridges. They will not hold the traffic. They have made it a one lane highway. ""hat is one lane each way making it a two lane highway. As a matter of fact, if you wish to build on these islands you have to either bring your cement and your materials by barge or you have to mix the heavy cement and things like and then bring them with a police Guard over these bridges. Now, I think that's a critical situation on Watson Island. Now, if we are going to have Wats,.>n Island with three thousand cars exiting onto the McArthur Causeway I'm sure that there are a great many people coming from the beach which would use the Venetian Causeway. As it is you can't get through there because every two minutes they have the bridges opened for the boats. Heaven forbids `or c.n cmer� er.:,; , i�st ioLr�_ :l_ you are just st••k out there. Is there nothing no where else." I heard today that there was a good suggestion about the Orange Bowl. Why must everybody's eyes be on that beautiful spot at Watson Island I will never know. It's like a magnet. Greed seems to take precedent over beauty all the time. Opposite this Watson Island we have condominiums going up. I don't know whether you are aware of the price of these condominiums. They range as hi,,, as Lnree hundred thousand... three hundred fifty thousand dollars. I wonder would you gut,tlemen like to look out your backyard window from a three hundred fifty thousand dollar apartment and have the pollution and th,,, odor c,nd the what not coming at you from that view point. I think we will have to resort to more common practices and begin to start to ride bicycles. All I ask of you is for God's sake don't choke 1.is.Thank* ynu Mayor 'Ferre: Alright, anybody else who wishes to speak at this time. Ms. Marilyn Reed: M:jrilyn Reed, citizen taxpayer of Miami. I reside in Coconut Grove. I think what you are facing here gentlemen is the error of the years, no plan. You don't have a Rood plan for Downtown and it's growing and growningq and growing and it's finally coming up with this and now you have to pay'the price. I might suggest that you do this, that you consader a-orato-i•.— -et a good plan for Downtown. Identify all the parking places down there. I haven't seen them all identified. You know very good and well I'm opposed to any parking on Watson Island. So I won't belabor that point. You know my record on that. But there are areas in Downtown, for example, Metro took over a lot of parking places that were public that's no longer available to the public. In addition to that, that State Employment Officer right by I-95 there are two used lots. One of those lots are being rented out on a monthly billing basis. You will find empty parking places. They are not using them, but they are renting them. And if you go through the whole Downtown area you will find conditions like this existing. I mean, i•11 these need to be identified at points where the parking is available and Flo something sensible. I would ask you not to have parking, certainly rot on the island. I think you are just asking for more trouble. Thank you. Mayor Ferrc: Thank you, Marilyn. Anybody else? Alright, now I would like to ... Oh, I'm sorry Jackie. Mr. Jackie Bell: Thank you, Mr. Mayor. I'm Jackie Bell, Executive NEAR 17 1981 t 4 Director at New Washington Heights Community Develcpment Conference And on yesterday Mr. Mayor, one of our Board members Tom Post is a member of the Downtou-n Development Authority called our officer to state some concerns about the parking and to make some suggestions As you know, Overtown has all kinds of undeveloped properties. At Northwest Third Avenue and 8th Street, 7t1h to Sth Street from Northwest 3rd to Northwest 5th Street is that many lots of land that is adjacent to the Police Station that is undeveloped and the only thing that is slated for that area at this moment is eighteen toT..-nhouses that won't be in for development until the end of the year. There is another site at Northwest 7th Avenue between 7th an' 8th Street that is the old bus station and he suggested that we look into that. That we impact on that particular area for harking and the people anci the utilization of that transit station could mean economic within that community and we will be able to organize a group of young men and women from that community and train them to be the security force within that... in the rapid... in that old bus station we could put together about seven new businesses such as paint and body shops, such as a service station, such as some other kinds of amenities that is necessary for automobiles and that, that is possible, something that we could look at and may be if it could be worked out that the development that is slated there could not put folk out of homes, but that those eighteen units of townhouses could be built on some of the other vacant land. I would like for you to you know, to look at it. I'm not saying to you at this moment we have all of the details worked out but the ir..pact of economics or. that =..:,:unity by them could he a plus i<< tllnc corU:u:lity. Thank you. Mayor Ferre: Ok. Alright, anybody else want to talk today. We really need to move along ladies and gentlemen. We are very late and we are going to get back to the Dupnnt Plaza Item. I see that there is one lady who I guess wants to be heard. I assume she is the last speaker. Is there anybody else? Yes? Ms. Edythe Lang: 1 thank you, Mayor, for giving me this opportunity because 1 don't walk too well and I took time to come down and sit and listen and I thoroi;;,hly enjcved the proceeaing.s if 1 could never see this report. My name is Edythe Lang, 1 live at the Plaza Venetia and I'm a resident of Miami. My association with the area goes back to 1930 and we have seen the city change and grwo and while ;zany are cuu,patibi4 some are not, but with it all I am delighted and 1 am spending n- retirement years here' partaking of all you offer to and you offer to us. I did want to say one wora about the Watson ls.Lanu parking area. I look over my terrace and see this and I can tell you that that is a horrendous thing at traffic time the bridge opens to perwit boats to go through. Now you can imagine the tie-up you are going to have when people want to get back and they are busy, for thhose who Want, to go through. So that area there is not feasible as far as I can see trarric wise ana I can watch the cars. I watch them day and night and sometimes 4 O'clock in the morning when I don't sleep too well. But I'm watching all the time. I often wonder how many people from the beach go into business when you compare the amount of people go into business from the different sections of the City. so tnere must be other place in the City some where for your parking area. The other thing I have checked and I called the Omni ana I wondered you know, how they arranged it because they have a hotel, they have all those stores. It's a very busy place and I live right behind it. Their building which is nine stories high took two thousand seven hundred sixteen parking places and my feeling there is that if the developer, if he is taking the parking spaces away he should be responsible for seeing that the parking spaces are put there. Omni did it. Other people could do it too. He should not be permitted to say that he is going to move his equipment there. You keep your equipment where you have to keep it. And people should be protected. I only speak as a private citizen and I love Miami, don't destroy it let it stay where it is. Thank you. Mayor Ferre: Alright, I will lead off the Commission statements or questions and I would just like to make three general comments and then I want to make three specific proposals. General comments... three general comments are something like this. We had a group of people here from the neighborhood around the Civic Center who are opposed to the reopening of a facility that for thirty years was a jail or twenty-five years was a jail. I understand. I think if I were a neighbor I would 99 MAR 17 '1981 feel the same way. You see, nobody ever wants highways to come through their backyards. Nobody ever wants hospitals or jails. Nobody wants poor people to live in their neighborhoods and nobody... because of the high crime that comes associated with people that are poor and so nobody wants things that they don't. perceive as being similar or compatible and that's human nature. You see, nobody... everybody wants to go to heaven, but nobody wants to die. Now, the problem is that we in government whether it's the President of the united States or us sitting here on this Commission have got to make decisions. Some of those decisions are not easy, because there is no such thing as a hundred percent right. You know, they are... things are not that... it's not black and white there is always shades. Their are always balancing things that you have to take into account and understand. Now, in this particular question we have a serious problem and that is we have appro.timately what? Twenty-five, thirty thousand parking spaces in Downtown Miami of which... Roy, how many parking spaces do we have? Do you remcmber the exact count? Emilio? What? (BACKGROUND CONL�IF.NT OFF THE PUBLIC RECORD) M,avor Ferre: Thirty-seven. That includes everything within the oP'.. I mean within the Downtown area at thirty-seven thousand. Twenty-five thousand in the inner core and we are building all kinds of things. Two billion dollars worth of construction. The problem is that as these buiisln;;s got b..i'_: they are taking up spaces for marshalling of equipment to build them and the other things that are required and they are taking parking spaces off of the market before they are putting up building garages. And so what we have since we have a hundred percent occupancy in Downteum you have a co,ranunity that has over a hundred thousand people that are working in it that find themselves now constrained because there is no place to park and instead of more we are getting less. And because of that the hotels are affected, the businesses along Flagler are affected, the big; stores like Burdines are affected, the banks are affected, the whole fiber of the inner city is affected. So we have a problem and I don't think that as much as a city plan was needed, master plan and all that. Now, the master plan isn't going to solve any problem... that problem. The problem is a very complicated one because years and years ago the city fathers decided that it was not the responsibility of the people that built buildings in Downtown to put up parking because government was going to do that and that's why we have an Off -Street Parking; Authority. And sure enough Mitchell Wolfson and the Off -Street Parking Authority have done a magnificent job of building many, many parking spaces not at the expense of taxpayers. Now, there are those who have come along and built major buildings and obviously no lender is going to lend any money for a big building without parking. So they for the most part have taken care of their own parking, but there isn't sufficient. Now, point number two is, how about parking and how about this monster called the automobile? Yes, I know, gas is on it's way to two dollars and the efficiencies of cars and what have you. But until we have rapid transit which if God willing will be in 1984, 85 and the people mover and even then and even then, the majority of Americans including Miamians are going to depend on their automobile. They are not going to go to work any other way. So there is no avoiding of the fact that we need substantial. more parking. Now, we are satisfied in government. The DDA and the City of Miami, that there will be sufficient parking built in Miami. There is no question about it. There will be more than sufficient parking built. The question is, is the interim. How do we solve that interim problem. So that's what we are wrestling with. The third general statement that I wanted to make is that, Mrs. Shubin and those of you that live on all those islands. I know you don't want any of these things happening in Watson. You are just kidding yourselves. Sooner or later something is going to be done with Watson Island. It's just not going to sit there as a fallow piece of land. It just will not sit there as a fallow piece of land. Whether it's an amusement park or parking or... something will happen there and you may as well face the reality of that happening. Now, you are saying well why shouldn't it stay as a open green space now or used as a helicopter port or whatever it's been used for? And my answer to you is this. Besides the Bay there are today a hundred twenty-three acres called "Bayfront Park" and pound for pound and square inch for square inch there is no city in America, including Chicago in it's waterfront on the Lake that has that much open space, that much open space and as a percentage of it is downtown. 0 A And secondly, I might point out that of tr.0 tnir!ieen mile. of waterfront in tie City of Miami three and a half are owned 'by he City alone, Which again, I think is a record that n-;ther San y'rncisco or Lis Angeles, thew York City, Philadelphia or any other co-imunity li'hr Chicago that are on the River, on a Lake or an Ocean can duplicate. Now, fact c•'.= 3i.b of this is that we need to face this crisis on an emergency basis. It i an emergency. And the point is that 1 for one, and I'm only speaking for mysel , I'm not in favor of placin,g any moratoriuzai. C�ood God, we have lruen sitting around here waiting I know I have Fince 1 got out of the 'tniversity -f `;iar,i in 1957 for this boom to begin in Dounlown Miac,I. 'vow, this is :, act t lhg that should have happened a long time P,o. ',fit boom endled in th(: -.,ear and really since t;zen not a heck c•f a ie, ;as c nc . `l�u know, '�;y tried with the one hundred Biscayne Building and then r.cnry Gutitrr,-- with the one Biscayne Building and the Northeast Building and... taut you loon a.it. And V m oing to tomorrow be making a little speech here before a s�roup spa-, ore3 lby the Chamber of Commerce and you know what V-- gcinc; to point out? 111^ g: ing to point out in the last twenty years how Downtown Minmlj anal the City of have virtually riot grown in compariso:: tu in Metropolitan Dade County end what that means is that we have let ;.he proliferation of thi:3 ccr=unity continue i:nd Coral Gables and... that's all great. it's great for Coral Gables .and it's great for South Miami and it's great for the Kendall area. But every ' .LMe a _, ";Qrr i. t.iirn 1(?i r_YS 5 C.: C} of COnS% L'CtiOlh `Nl'rit up in Kendall that's hund7:Et: ::.1111011 do.lJ.ar: that didn't f;o up in Dow-nlown Miami and then we omplain abrut not, linvinf; a core city ;7r a Center city and then we come in and *rin F' tS 1"1ke 1)CXIa�1" try t(';._ t1.t a c_ i-ia.; Lc .-.ave a center, a ",earl aL: , � O i ,.. :. 'a l" `ir)i . doing that. Not through any vision or 'wisdom plan;hi"ill cz ;iny .. iSt C1rL11T S i allLi:i l j' i t'ti i uj, _ ne:1 . i Til 1 think we need t0 :afeguar6 that. we need to ;:rotect it. We need to nourish it. We need to do our ;'.cans to nake sure tha:., that golden E';ocse that is laying ;;olden c ;-,s coat"nue6 i?7'C; �tl'l.rih, bC'C .11se I will tell you i11 the free enterprise in there are no u ranters. It ca:,e because of the free enterprise sys~t:r ,ind it can go just as 4:sily, r'Lhd 1 think we need it protected '.s much as wc: csn. No.., 0:ere are t;t:ee specific things that I have in mind that I would propose to this Commission. One, that we continue to look for alternate sites such as Claughton Island, the Orange Bowl and the other alternatives that have been proferred here. Two, t-hat we approve the usage 3f Watson Island for parking if necessary. If necessary. And three, that we :ontinue to look at other alternatives within the central core area such as ,Jackie Bell has pointed out. Some of the empty lots. Now, I am not for along with Plummer the waiving of any... of the safety features other than those that are none essential to safety. For example, I would not... I'm sorry, I could not vote for having lots without lights. Because one mugging, one rape, or one death is just not worth it. And I don't... that you are dealing with life and limb and I would not jeopardize that. I just don't think we can in conscience do that. Now, I don't think they need to be paved. I don't think we need to have chain link fences around them. But I do think they have got to be lit and I think they have got to be closed at a certain hour and... These are the type of things where safety is safeguarded where I think we can perhaps be a little bit more broadminded on. Now, I would like to point out lastly to my colleagues here on the Commission. This is not Maurice Ferre's idea. This an idea that is being proposed mind you, by the Chamber of Commerce almost unanimously. By the Downtown Merchants Association unanimouly and by the Downtown Development Authority of which there were thirteen members voting unanimously and the... and the what? The Hotel Association and the Development Board. So you have five groups of... five organized groups that have studied this and have come up with basically the same conclusion and are recommending that we proceed in that way. And I think that we really must do that and I would... I would submit t; you that with the full support of the Chamber of Commerce, the DDA, the Hotel Association and so on that we would proceed as I outlined in that order. One, two... one, Father was that we try to develop the Orange Bowl and Claughton Island and other alternatives, but two, if that fails that we then proceed with using Watson Island as a parking facility on a gradual basis. In other words, we are not going to put three thousand cars in at once. I think we have to start at a slower rate than that and three that we look at other alternatives. Jackie Bell came up with one. There are empty lots that we can develop. And lastly, I think if that would include also the trading with Mr. Gould and let him marshall his equipment where the band shell is now and with the proviso that he permit... that he leave J. L., his lot which now holds four hundred cars available to the public. Now, as you know or may be you didn't hear that. He is about to close that lot down. So in addition to Southeast closing their lot down, the one right adjacent to it with four hundred parking spaces is also going to closed down. Now, I might say that the Downtown Development Authority, Mr. Plummer, based on your strong feelings which I relate to them now on no parking in the immediat band shell 101 MAR 17 1981 Bayfront Park area went along with that and did not put that in as part of their proposal and I'm not recommending it at this time. Now, just to get the matter moving to see if there is any support here I will just pass the gavel on to the Vice -Mayor and just make a motion in those three things. Rev. Gibson: Alright, any discussion? Mr. Plummer: Oh, yes. Rev. Gibson: Alright. Mr. Pliunmer: I guess that I'm going to put forth the five "p" theory. Plummer says parks are for people, not parking and pigeons. Vat's the five "p's". Mr. Mayor, I appreciate your taking to the DDA my concern about the band shell... (BACKGROUND COMMENT OFF THE PUBLIC RECORD). Mr. Plummer: ... or it was brought to their attention. And I guess really what I'm saying is that in one meeting they have cancelled one of my concerns that they, I guess need one more meeting and they will cancel all of the concerns. I am at loss to understand that in reading from the minutes of the last meeting why certain people would take it upon themselves to spin their wheels and waste their time and mine and I want to quote from the minutes of the meeting in which Mayor Ferre was the speaker and it says "unless Mr. Fosmoen, comes back and says he thinks he has three votes on Item "F" which that was at that time, he has got one. If you can get two more votes then you can bring it back. Otherwise you are just wasting your time. So let those who don't want to go along with this find solutions. It was my understanding Mr. Mayor, that that time that we told those people who came forth that, that was round one. Round one w<:s over it was dead issue and there were not three votes for it. And he asked them to go back out and find other solutions. Mr. Mayor, I think there is a lot of alternatives. If in fact the people who are trying to come forth in good faith and I honestly feel that they are, would spend their time looking at some of the other alternatives, I think we could have passed something today, but for some reason they seem hell bent on those two locations. Well, I want them t3 know that I'm just as hell bent that I'm not going to vote for it. And all I can say to you is if I lose I'm going to fight the good fight. I like the idea of Jackie Bell, that is the idea of Sth Street and that general locale. I think that there could be a tremendous economic development factor involved. You could put the parking there. You could put the kids of the neighborhood to make, instead of having problems from those kids, make them constructive and make them in charge of security. I think you can put accessory businesses in there that they could formulate and train for cleaning of cars, waxing of cars and even minor repairs while people are at work. All of those things I think could be done. Yes, you could provide a shuttle. If you take and stop and consider how far it is from Watson Island that is a good ten minute run. From where we are talking about with Jackie Bell, we are talking about a four minute run, a three minute run and even some walking distance. Mr. Mayor, I am ready, willing and able to declare with you that there exist in Downtown Miami today an emergency parking situation, which if that within itself will create the need .and desire to go forth and do something I'm all for it. But Mr. Mayor, I am sorry... I'm not sorry. Mr. Mayor, I will not after spending a million dollars approximately an acre for a park, I will not now turn it into a parking lot. Thank you. Mayor Ferre: Call the question. Rev. Gibson: Alright, the Mayor made a motion that... Mr. Plummer: He seconded. Rev. Gibson: Alright, call the roll, please. Mayor Ferre: Let me restate my motion so it's very clear. My motion is that we declare that there is a parking emergency in Downtown Miami and that the Administration is instructed to pursue immediate solutions with the following order of priorities. Number one, the Orange Bowl and Claughton Island and any other alternatives that are available, immediately available. Number two, Watson Island on a gradual basis as needed. And number three, such alternate solutions as that proposed by Jackie Bell of the lighting of, but not the paving of empty lots and the swapping with Mr. Gould for the marshalling of 102 MAR 17 1981 A 0 equipment with the parking of four hundred cars on Dupont Plaza and the other things that have been brought up by the Chamber of Commerce and the other groups. Now, I would hope that would include... that's the motion. Did miss anything Emilio let me ask you or Roy or Mr. Chamberlain if he is still here, did I forget anything in the motion? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Ok, anything... you want to add to the motion? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Well, ok, we are about to vote on this and I'm just making the... I'm defining what the motion is. Mr. Carollo: We are not including anything in the motion in as far as Watson Island parking there are we? Mayor Ferre: Yes, that's number two. I said in that priority, number one and number two is Watson Island, that's the second alternative. If we can't solve it with number one, then we go to number two. Mr. Carollo: Is the Manager going to come back to the Commission? Mr. Fosmoen: Before I took any action on Watson Island Commissioner, I would come back to this Commission with a series of recommendations. Rev. Gibson: Just a minute, you want to discuss the motion, sir? •Ui:IDENTIFIED SPEAKER: I would like to comment Reverend. Rev. Gibson: Anybody has any objections? Mr. Plummer: I would like to hear his comments. Rt.v. Gibson: Alright, go right on sir. Mr. Bernard Braman: Thank you. Mr. Mayor and Commissioners, my name is Bernard Braman, I'm the President ofBrickell Key Inc. which is located on Claughton Island. I have had the pleasure or being with the Chamber of Commerce in their crisis meeting in regards to parking, the Commission meetings, the Committee meetings and I'm here today. 1 believe that the Chamber of Commerce which was referred to, and the Committee's recomendation refers specifically to suggesting that the City of Miami immediately make use of Watson Island, the Orange Bowl parking lot, the band shell at Bayfront Park. I would like to have the Commissioners recognize the the distinction between that and Claughton Island which is privately owned property 6 not public property and we Have not agreed to the use of private property. To resolve another problem Downtown. Mayor Ferre: Mr. Braman, please understand that what I was trying to do is to, one, declare an emergency which we all agree with. Two, give alternates in a descending order. One of which was the investigation of Claughton Island. Now, if that is not a possibility, then we move on to the next one. Now, you stated now that, that's a private piece of property and you have no interest in it. Well, that's fine. Thank you, for clearing up the record. Mr. Plummer: No, no, no, wait a minute. Mr. Braman: Brickell key is...... Mayor Ferre: Yes, I understand. Ed Claughton has seven acres there and he has the right to decide whatever he wants on his property and that's something that we will have to talk about. You know, we also need to go to the Dade County Transportation and Traffic Department to see if the traffic on 7th Street will you know, was coded and whether the trucks that are going in for the construction of the site and so on. We understand. Mr. Plummer: No... "Sr. Braman: Wait just one minute, Commissioner Plummer and I will give you a distinguishing factor. Just like Mr. Gould and his project Downtown needs space for marshalling materials and construction workers, etc. 103 MAR 17 1981 about the project that's about to begin. We are in progress already and have hundreds of construction workers and automobiles already there. . Mayor Ferre: So we can move along. I will stipulate that obviously we cannot force you and we are not going to be able to park cars on your private property. This just one of the alternates profferred. This is... we are not including or exc1liding anything. All I'm trying to do is get ahead so that Bill Colson can go hone because he has been sitting here all afternoon and we can get on to Item 70. Mr. Pivaar;er: Well, Mr. Mayor, I want to understand something. Mr. Braman, it is my understanding sir, that at the present time you are only in your project about fifty percent developed. Is that correct, sir? Mr. Braman: Commissioner, we have our entire landplans done. We are in the process of putting the utilities right now. We have designed the roadways, elevated roadways. We are under constructi.nn with Building 11"o. 1. We have hroke fc,r Building ir2. We are talking to have the prmission of the Department of Public Works to put in special pavers that are hand made, :1editerranean, something like you find in Europe. Mr. Pluruner: it's my... excuse me. Mr. Braman: Besides we are in the middle of everything to do with a major project. Mr. Planner: It was my understanding that only about fifty percent of the island was at this time under any kind of development and it was that reason that I sut,Festcd that in the interest of. overall Downtown Miami, that the Claughton Island he considered and the people be talked to. Now, you are telling me that t,j-.t's n, t tile: case. Is that correct? 'fir. nramar.: ,". have not been talke i to, as silcv,, and �_r oni r:,ention cf that was once at a meeting of the Chamber of Commerce r.lectin� and as YOU ca:; gee from their official statement. Mayor Ferre: Mr. Chairman, as the maker of the motion, I call the question. THEREUPON THE FOREGOING MOTION was introduced by Commissioner Ferre and seconded by Commissioner Lacasa and defeated by the following vote: AYES: Mr. Lacasa and Mayor Ferre. NOES: Mr. Plummer, Mr. Carollo and Vice -Mayor Gibson ABSENT: Done. Mayor Ferre: Gentlemen, we are where we were before. So... Mr. Plummer: Mr. Mayor, the floor is open for a motion. Mayor Ferre: Yes, sir. Mr. Plummer: I instruct the Administration to immediately engage in conversation with Metropolitan Dade County fir the purposes of providing free shuttle service between the Orange Bowl and Downtown Miami and that the Administration further look and come back to this Commission with any other alternate sites within the Immediate proximity of Downtown. I offer that in the form of a motion. Mayor Ferre: In there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion, call the roll. 104 MAR 17 1981 0 0 The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 81-209 A MOTION AUTHORIZE AND DIRECTING THE CITY MANAGER TO CONTACT THE METROPOLITAN DADE COUNTY DEPARTMENT OF TRANSPORTATION TO DETERMINE THE FEASIBILITY OF A FREE SHUTTLE SERVICE TO BE OPERATED BETWEEN THE ORANGE BOWL STADIUM PARKING LOTS AND THE DOWNTOWN MIAMI AREA TO ALLEVIATE THE LACK OF PARKING PRESENTLY EXISTING IN THE DOWNTOWN AREA; FURTHER DIRECTING THE CITY MANAGER TO FURTHER INVESTIGATE OTHER PARKING FACILITIES WHICH MAY EXIST IN THE AREA. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer. Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. FURTHER DISCUSSION: Mayor Ferre: Alright, we are now on Item 50. Mr. Plummer: Excuse me. Mr. Mayor, let me make one other motion since your failed. I don't know the significance of it, but if there is I have no problem that this Commission declare an emergency situation existing in relation to parking in Downtocm. Now, if that motion possibly* will allots us to apply for some funding that night be available or any other reason. I Want that in the form of a notion that this Cornission go on record as declaring that. Mayor Ferre: Alright, Mr. Fosmoen, is there any need or Roy is there any need to declare an emergency? Mr. Plummer: Well, I offered it in the form of a motion any how and they got it. Mr. Fosmoen: Mr. Mayor,... Mr. Plummer: You got a problem with that? Mr. Fosmoen: No,... Mr. Plummer: You got a problem with that? Is there... Mayor Ferre: You are shaking your head.... Mr. Colson: I do not want to argue, but I just think we got so much bad publicity Downtown. And if you are not going to do it, just put -another newspaper line that says "Don't come Downtown". If I"were these merchants, I wouldn't want it. Mayor Ferre: Ok, does that satisfy you now? Mr. Plummer: Fine. Mayor Ferre: Ok, good. Mr. Plummer: I withdraw the motion. Mayor Ferre: Alright, anything else we need to discuss on this? 105 MAP, 17 1981 NOTE FOR RECORD: ITEM 50 WAS TEMPORARILY DEFERRED A MOTION WAS PASSED TO COMPLETE THE 3:30 AGENDA NOTE FOR RECORD: ITEM 59 WAS WITHDRAWN 59. PERSONAL APPEARAINCE: KATHERINE LEWIS WITH REQUEST FOR FINANCIAL ASSISTANCE FOR TWINS PARADE (Denied) Mayor Ferre: We are now on 60. This is Katherine Lewin, Parade Director of the Dade County Mothers of Mains Club, requesting cash support for their Annual Twins Easter Parade. Alright, now we are going to take the 'pains Easter Paradc. Ms. Katherine Lewis: City Commissioners, I'm here to try and get funding for the 27th Annual Twins Parade. Do you have the budget in front of vou? Mr. Plummer: Yes. 1.ayor Ferre: Yes, we have your request in front... yes. "Is. Lewin: Ok, basically we are asking for seven hundred fifty dollars. We have three hundred. (BACKGROUND COMAq,2;TS OFF THE PUBLIC RECORD) Mr. Plummer: Alright, look, she wants seven hundred fifty dollars, they got three hundred dollars, can we help them with four fifty? Mr. Lacasa: I move... Mr. Plummer: That's a easy answer. She said seven fifty was the budget. Ms. Lewin: The budget is a little under a thousand. Mr. Plummer: How much are you asking us for? Ms. Lewin: I'm asking for seven hundred fifty dollars. Mr. Plummer: Alright, the request is for seven hundred fifty dollars. Now, can we do it or we can't? Mr. Fosmoen: The answer is Commissioner, that out of a, you know, million two hundred thousand dollar... hundred twenty million dollar budget we can obviously do it if the Conmission desires. Mr. Plummer: I second Lacasa's motion. Mayor Ferre: Alright, we have a motion from Commissioner Lacasa, seconded by Plummer that the Mothers of Twins Club, Inc. of Miami, Florida be given seven hundred fifty dollars. Ms. Lewin, would you tell us where you live, please? What's your address? Ms. Lewin: The Southwest section. Mayor Ferre: Of Miami or Dade County? Ms. Lewin: Miami... Dade County.... Mayor Ferre: I see. Ok, thank you, very much. Further discussion, call the roll, please. 106 MAR 17 1981 Mr. Carollo: Mr. Mayor? Mayor Ferre: Commissioner Carollo. Mc. Carollo: I have a question before I can vote on this now. You don't live in the City of Miami, correct Ma'am? You live on a 103rd Street. This is Dade County. Into Dade County. Ms. Lewin: Yes, but this is from all of Dade County and Miami. Up to Fort Lauderdale and all this area. Mr. Carollo: Where in the City of Miami will this parade be going into? Ms. Lewin: Biscayne Boulevard. Mr. Carollo: Biscayne Boulevard. Ms. Lewin: From Southeast 2nd Street to Northeast 4th Street. Nr. Carollo: What kind of publicity can we expect for our money? Ms. Lewin: Nationwide or what? Yr. Carollo: Well, I'm talking publicity period. I don't think for seven hundred fifty dollars we could expect too, much. Especially nation wide, but... Mr. Carollo: (Cont'd) what are the citizens of Miami going to receive in return for this money that we're going to invest in your organization? Mrs. Lewin: Well, it's a parade that has been traditional in the City of Miami, this will be it's 27th year. In the past it has been funded by the City. We get some out of town visitors that come to see the parade we also have participation from Canada and...... Mr. Carollo: How many people have you had in the past to come see the parade? Mrs. Lewin: (INAUDIBLE) We get about 50 sets of twins or triplets and 75 that participate in the parade. We also will have caliope and clowns.... Mr. Carollo: Are there any pictures that go into any statewide papers or magazines? Mrs. Lewin: The Herald quite often runs pictures, other than that I don't Mayor Ferre: Mrs. Lewin, do you get any money from Coral Gables, Hialeah, Metropolitan Dade County or other communities here? Mrs. Lewin: 13u, we do not. Mayor Ferre: Have you ever gotten any money from the City of Miami before? Mrs. Lewin: Yes, we have. bk:yor Ferre: How much? Mrs. ijewin: In fact, last year was the only year we were not funded and that was because of a change in your eepartments and we did not know where to go to apply. The first year we applied after that it was automatic. Mayor Ferre: How much did you get automatically in the past? Mrs. Lewin: $1,000.00 Mayor Ferre: Okay, any other questions? Mr. Plummer: I wcnder if Larry Thompson is listening? Mrs. Bellamy: Mr. Mayor, I'd like to say something. Mayor Ferre: Go ahead, Angela. Mrs. Bellamy: This club received money through the Publicity Department and at the time when Lew Price went over to Dade County she came and re- quested funding last year and she was denied. Now, the money was not given to them through Special Programs and Accounts as we normally do. Mayor Ferre: I see. All right, further questions of Mrs. ....... Mr. Ernie Fannatto: Mr. Mayor, do I have a right to speak? Mayor Ferre: Yes, Ernie, quickly. Mr. Ernie Fannatto: Ernie Fannatto is my name, and I'm the President of the Taxpayer's League of Miami and Dade County..... She doesn't even live in the City of Miami. Now look, at least Dade County, I mean the City of Miami money for City of Miami residents and I think it is ridic- ulous that we're giving so much money to.... (INAUDIBLE) And everybody is complaining about taxes....... I haven't seen anybody....... Mr. Carollo: You're right, Ernie Mr. Fannatto: The City of Miami money for City taxpayers and she doesn't even live here. Mr. Carollo: You're right. Mayor Ferre: All right, further discussion? Call the roll, please. 108 MAK 17 ��s1 Thereupon the preceding motion introduced by Commissioner lacasa and seconded by Commissioner Plummer failed to pass by the following vote - AYES: Mr. Plummer and Rev. Gibson. NOES: Mr. Lacasa, Mr. Carollo and Mayor Ferre. ON ROLL CALL; Mr. Lacasa: Although I was the maker of the motion, after having heard Ernie I think that he is right, I vote no. Rev. Gibson: Would Dade County give you any money? Mrs. Lewin: The parade actually takes place in the City of Miami. Mayor Ferre: The City of Miami is also downtown Dade County, there is no other downtown Dade County that I know of. Mr. Carollo: I wish Ernie had been around all the times I stated all the things he did so that I could have gotten home backing from this Commission, I vote no. Mr. Plummer: I wish Mr. Carollo was here when Ernie was turned down for the Italian Retirement Center and that's why he wants everybody to know, I vote yes. Mayor Ferre: I think, Mrs. Lewin, I just wart to tell you that I think you: and your organization do a great job but I want to tell you that the United States now under this new administration is going to greatly curtail the amount of funding that comes to states and cities and counties and we simply have got to start - I know $750 does not sound like a hecY of a lot - but my recommendation is that you ask the corporations, ask Eastern Airlines and ask Southeast Bank and First Federal Savings and Knight Ridd2r Newspapers and some of these others to donate funds and I think that the privatd sector is going to have to pick up. We just cannot right now be doing. That doesn't mean that we don't do these things, we have festivals of all kinds but I think we're going to have to be a little bit tighter and I'm sorry that I had to vote no but I don't think I have much choice. 60. PERSONAL APPEARANCE: WILLIE WRIGHT - 3LACK ENTREPRENEUR IN INTERNATIONAL TRADE. Mayor Ferre: All right, now we're on Item 60A unless anybody else has any comments. Mr. Frank Cox, Chairman of the Greater Miami Restoration.... Mr. Willie Wright: Mr. Mlayor, Mr. Cox was here but he is in conference, I am the spokesman for the Greater Miami Restoration Consultant Board. My name is Willie Wright, I am the Vice -President of the Greater Miami Restoration Develop- ment Board. This board was formed about a year ago trying to privilege black entrepreneurship of Miami. As you well know, the May rebellion in Miami sparked great emphasis in the entrepreneurship for blacks in the City of 'Miami and this board has as one of its tasks of developing those black businesses in the area that is going to be meaningful for the residents of the City of Miami. We think we have a great unique group. We have more than a coalition with the Latin Chamber of Commerce from the City of Miami and from this coal- ition blacks and Latins are putting their resources together to develop black entrepreneur. Currently we have a training session going on with 15 black entreteneur and a waiting list of more than 50 that's been trained in the areas of in -port and export with our international neighbors. We have had several con- f!rences with Julio Castano, City of Miami Trade and Commerce. The Florida Import and Export Association and we are in the process now of training these black entrepreneurs and when that training is over we have already scheduled an international trade mission that will take ti:ese entrepreneurs to the countries of Jamaica, Trinidad and Barbados with the expressed idea to forge the relationship with our international neighbors w-th black entrepreneurs in the City of Miami. We see this as a windfall for tt:e City of Miami during the time when tourist trade is off,- the hotel assoc- iation are feeling the pinch the downtown business center in the City of Miami and also feeling the threats of the tourist season falling off. We believe that it 109 MAR 17 1981 makes good sense for us to involve our very close international neighbors in the trade and import/export business and we believe that the Greater Miami Restoration Development Board has the wherewithall for resources and personnel to make this a viable entity for the City of Miami. Under this guise, the coalition, the Greater Miami Restoration and Development Board, the Latin Chamber of Commerce and Mr. Luis Sabines who is the President who has backed this coalition, we believe that this training which is the first stage of this program should be sponsored by the City of Miami and they're asking I believe it is $50,000 for that continuous t-iining. That is going to benefit the City of Miami in terms of international relationships and in terms of creating jobs and this is the creation of jobs that is going to take place in the immediate, it is not something that is going ...... Mayor Ferre: Mr. Wright, in the interest of time, I would appreciate it if you would conclude your statement and let me tell you that I for one am going to support you because I don't think there is anything that we could spend money that is more important than in the creation of jobs. And I have talked to Mr. Peter Williams, I have not had the pleasure of meeting you or talking to you before, sir, as I recall, but I have talked to Mr. Williams and others that are involved on several occasions Mr. Cox and if I had to eliminate everything else I would be willing to eliminate an awful lot of things but joi creation and job training is where it's all at. Mr. Plummer: I second the Mayor's motion. Mayor Ferre: So if you war;-', to do it that way I'll make the motion and Pl;.mmer seconds it, that the administration be instructed to come back with a specific proposal for giving these people $15,000 provided, however, that you are satisfied that this is an effective job training operation that will im- pact the black community specifically in the area of foreign trade which is wh--re they're targeting and if that's where the money is, there is 210,000 people in this County that live off of foreign trade and there's no reason wh;, r,lacks shouldn't be involved in it too so I'm all for you. Mi . Wr. eht : Thank you very much. Mr. Fosmoen: Mr. Mayor, for the Commission's information, I have been infor;aed that the South Florida CETA Consortium will be issuing requests and they have aFproximately $300,000 available for black entrepreneurship proposals. So we may want to link into that with this program too. Mayor Ferre: Mister, I didn't tell you how to do it, we just said do it. Now you come back and tell us how you're going to do it. Okay? Further discussion? The following motion was introduced by Mayor Maurice Ferre who moved its adoption: MOTION NO. 81-210 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE AN INVESTIVATION OF A PROGRAM ENTITLED "BLACK ENTREPRENEUR IN INTERNATIONAL TRADE" IN CONNECTION WITH A REQUEST MADE FOR FUNDING IN THE AMOUNT OF $15,000 TO DETERMINE IF THE PROPOSED JOB TRAINING IS GOING TO EFFECTIVELY AND POSITIVELY IMPACT UPON THE BLACK COMMUNITY. Upon being seconded by Commissioner Plummer, the motion was passed and opted by the following vote - AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. P.BSENT: Commissioner Joe Carollo. 110 MAR 17 1981 It A 61. PERSONAL APPEARANCE: MANUEL ARQUES WITH REQUEST FOR FINANCIAL ASSISTANCE FOR LOCAL N.E.D.A. PROGRAM. May-)r Ferre: Mr. Arques, the Chair recognizes you. Mr. Manuel Arques: For the record, my name is Manuel Arques. I live at 9137 Boulevard. (INAUDIBLE - Microphone malfunction) I am Vice - President of N.E.D.A., National Economic Development Association. We have been in existence for 10 years to help minorities to procure loans The reason that I am here is because of the new rules of the new administration Neda will disappear as of *March 31. So after 10 years of assisting minorities we rave problem...... we have to close our doors. So the reason that I am here is to see what can be done from the City of Miami for six months because until July (INAUDIBLE) Our assistance to minorities in 10 years has been over 6,934 .... (INAUDIBLE) So if we consider ..... in Dade County.... today they are making a living because NEDA....... Also, we are involved in different activities (INAUDIBLE) Also we are working with the to try to venture with a group of Latin businessmen....... Major Ferre: Manuel, so we can save time and cut through all this, I would recommend that we approach it the following way: You are helping thc:.sa,d�- of people and yDu have done a magnificent job. The odds are that this admin- isi.ration is going to recognize effective participation. You are going to go and you're going to go compete and I have a feeling you are going to win because of your track record and your success. So your problem is surviving be-�.ween now and the day those awards are made, is that correct? Mr. Arques: Correct. Ma or Ferre: Now how many months is that? Mr. Arques: I would say about 6 months. Mayor Ferre: Okay, it costs you $2,000 a month to survive, as I remember read- ing these figures, is that right? Mr. Arques: That's right. Major Ferre: Now, when are you out of money? When does the money stop? Mr. Arques: The 31st of this month. Mayor Ferre: All right, I think........ Mr. Lacasa: Manuel, what are we talking about, $12,000? Mayor Ferre: No, sir. Please, this is what I'm trying to explain here. I think that until the administration has - would you listen to me a second? Until the administration has a better opportunity to look at this thing and came back with a proper recommendation, instead of us going out and granting $::5,000 I would recommend that we approach this in the same way that we ap- proached the problem with Mr. Moses Florence and the New Washington Heights people which is we will grant you $2,000 for the operating month of April, it you come back here April 23rd and bring us more information as to how you are doing that will give you a month to have somebody check this whole thing out and call Washington, etc., to make sure that we're not just going around in a circle. M'. Arques: Mr. Mayor, I have the problem... Did you say April 23rd? Kiyor Ferre: No, what I'm recommending, Mr Arques, is that we fund you $2,000 far the month of April. That is what it costs for you to go through April. Aid you come back here on April 23rd. April 23rd is a month and 6 days from now. That gives us time, the administration, to look at your operation, it gives you time to strengthen your position in Washington and then we will dis- cuss the further funding on the 23rd. Mr. Arques: That's fine but I have a problem because I have to get some finds from the City of Hialeah. Mayor Ferre: That's fine. 11 MAR 17 1981 11� qW Mr. Arques: (INAUDIBLE) ..... bu'_ I don't think with $2,000 I could sur- vive one month. Mayor Ferre: Well, that's why I was asking you. See, how long - you have money, you are funded by the federal, funds from National NEDA until April 1st. Okay? Mr. Arques: P.ight. Mayor Ferre: My question to you is how much money do you need from April 1st to April 23rd"? Mr. Arques: I need roughly about $50,000 for six months, so if we divide by 6... Mr. Plummer: That's $8,000 a month. Mayor Ferre: Those aren't those figures that I read. Mr. Arques: Mr. Mayor, we're talking about $25,000, I'm sorry. Mayor Ferre: Well, I think that is a little bit better. Mr. Plummer: That's still $4,000. Mayor Ferre: ih 's 54.000 but he is going to be getting some money from Hialeah, right? You're getting $10,000 from Hialeah. Mr. Arquf?s: (:NAUDIBLE - Microphone malfunctioning) Mayor Ferri: then? Mr. A ^ eu: (INAUD1$Tr) Maver Ferre: I see. N.r. Arques. So by the end" of ApriJ we'll have it. Maycr Ferre: All right. I would like to move that we grant N.E.D.A. $2,000 that gets them to the April 9th Meeting, if by then they have not gotten funds from Hialeah we will consider an additional $2,000 that will get them to April 23rd. N.E.D.A. is without any question the most successful Latin operation in the Country for these type of business, economic development for minorities ar.d it has a proven track record, the Miami office is 10 years old and it is the best operation that N.E.D.A. has nationally. And you, Joe, as I understand it, you have checked it out and you've met with Charlie Gomez, you checked it ovt and so as far as I'm concerned that will solve the immediate crisis, give the administration time to get further information and then we'll take it up atthat time. Mr. Carollo: What we're talking about here, Mr. Mayor, is an organization that has a proven track record in helping thousands of individuals. I have no problem with that. Mayor Ferre: Okay, so I so move that we grant them $2,000 and that we again discuss an additional :�2,000 on April 9th and on April 23rd we will then look a- the overall picture, by that time the administration will have opportunity to look at the whole picture. The following motion was introduced by Mayor Maurice Ferre who moved its adoption: MOTION NO. 81-211 A MOTION TO GRANT THE R.:,)UEST MADE BY MANUEL ARQUES, ON BEHALF 01' THE LOCAL N.E.D.A. OFFICE; ALLOCATING THE AMOUNT OF $2,000 AT THIS TIME, TO COME BACK TO THE APRIL 9TH CITY COMMISSION MEETING AND, IF N.E.D.A. HAS NOT, AS OF THAT TIME, RECEIVED THE FUNDING WHICH HAS BEEN PROMISED BY THE CITY OF HIALEAH, THAT THEY BE GIVEN AN ADDITIONAL $2,000 TO CARRY THEM THROUGH APTIL 23RD, AT WHICH TIME THE CITY COMMISSION WILL LOOK AT THE OVERALL PICTURE. Upon being seconded by Commissioner Lacasa, the motion was passed and opted unanimously. 19 p� 112 MAR 17 to May -Dr Ferre: All right, we're now on Iten 50. All right, Mr. Reid. Mr. Jim Reid: Mr. Mayor and members of the City Cornission, Jim Reid, Assistant City Manager for Planning Development. What I propose to do is walk you very qui:kly through the Development Order that is in compliance with the integrated Development Order, going over the changes, summarize the issues and our recom- mendations on the issues and then open it up for testimoney from the applicant. In the Development Order the yellow sheets have been provided to you, the changes are all underlined. On the first page there has been a recommendation for a change in the project FAR total, going from a FAR of 11.13 to a FAR of 13.64. There is a change in the elements of the project., an office tower of 47 stories, 984,000 square feet has been deleted and in its place a residential tower with 1,c38,000 square feet has been added and it is anticipated there will be 700 living units in that residential tower. On the graphic here, the large office building did sit at this corner of the site and it now moves over here and the smaller office building that was here has been taken off the site and in its puce a large condominium tower put on that corner of the development. So that in essence is the major change in the Development program. With respect to oVier charges in the Developn«,it Order, the next 3 pages there are no changes. The 5th page in there are 1 rec_D.-=,2ndations for the applicant, one that the ap;3licant shall pay for 50% of the design of the second of the second level pedestrian system, this is something he agreed to do on the record some weeks ago, we simply put it in the Development Order and the second, and we have a similar addition for Southeast tonight, that before a Building Permit is issued U7.e applicant would agree that the City approve the pedestrian plaza that that pedestrian plaza would be connected to its building and the foundations c! it would be altered if ne,,essary to provide for this Dlan. ?;:;h thu caveat at the end of the resolution, the applicant shares in tip construction costs as determined by the Miami City Cormission. So t'.is will do two things. It will give you the funds. the design of t,,e plaza and enables you to get it constructed in terms of the relationship of the a;plicant's.buildinc. On the next page, Condition 11 (b) we simply a7dea t-at the plans would be referred to the South Florida Regional Planning Coun- c.:.l for review and comment. This is something we discussed with you on February lath. On the next page, Condition 13, the condition that relates to DuPont Plaza and it allows the state to receive an additional dedication along the n,;rthern right-of-way line of S. E. 4th Street, Biscayne Boulevard Way between S. E. 2nd Avenue and 3rd Avenue and we have to continue that further so that tie surface road to DuPont Plaza can be maintained as it is today. Otherwise, if this wasn't done tLen the lanes would be narrowed from 3 to 2 at that point and DuPont Plaza would lose a current surface lane. In addition, 14 (a) simply requires the applicant if the State doesn't finish the design of the bifurcated ramp within 18 months to pick up the cost of that design. We do feel that, and the State could be prepared to comment on that, that their present contract will allow them to complete the design of the bifurcated ramps with State rxoney when we need it. Their present contract calls for completion of design emd right-of-way by February of 1983 and the Miami Avenue Bridge is not going to be completed until March of 83 that would allow us as soon as the Miami Avenue Bricge is cor-7leted, assuming money was available, to go into the con- struction of the bifurcated system. It is our assumption that we are not going .o construct the bifurcated system at the same time the Miami Avenue Bridge is ..hut down. The other change as far as the last one, ..... after those formats, _nd in Condition 14 - this is an important one - the applicant, we're going to ask Southeast to do this too tonight, is to provide a maintenance of traffic plan and a construction employee parking plan showing how on every quarter dur- .Lng the construction period they're going to handle it because we have a tremendous amount of cement trucks into these sites, we're going to have tremendous numbers of employees, construction employees that need to park so 'we need to be assured that this issue is satisfactorily managed. And on the other side in summary, you said in a resolution on February 22nd that if the State doesn't complete the design of the local surface streets in a timely manner we will do it. So those are the changes in the Development Order and most of the changes were discussed with you by memo on February 5th. The major change, as I have indicated, is in the change of the development program from office to residential and let's talk about that because it is a major issue in the Development Order in terms of the impact Of that change. From a land use perspective in terms of the way the DuPont Plaza area would work, we feel this is a very beneficial change. �,I�c�w�uj�i �98� jyy�l//�a ll.( c7 introduce a 24 hour condition in°_o this particular development, it would allcw people to live downtown, it would provide the kind of lively 24-hour atmcsphere that we've been talking about. So in terms of a land use large scale fixed development we feel that this is an important change. The im- pacts of that change are as follows: Because of the nature of residential construction there will be an additional $60,000,000 of construction take place within this r—lion. There will be an additions: :-pan year of ..onstruc- tion, of construct . > i man years or 1,685 Iran years. 1:--.t loyTrnent witi,in the Gould Hollywell portion of the project will be down 3,9`g if you're replac- ing one office building wit„ a residential tower but residency for the City of Miami in the tower wili be up each -,,car c, fetal of 1,�Sc),0O( including 587,000 resident increases for the City of Mial-,i. In terms of traffic, and the development program calls there will be a SCA red. ion comparing the off:_ce tower and the residential in terms of daily personal trips and a70% redaction in terms of daily vehicle trigs. So basically you're talking about a development change that would allow addi`_icnal people to li•.e down- town, that would work better in terms of the retail and office mix and that in tax terms would provide more taxes to the City of Miami jurisdiction and would result in the substantial lessening=, of pressure on the street system. So for those reasons we are r.ec'o:nmendina to you that you approve this develop- ment change. The seccrid iss-Lie to the Development Order relates to the provis- ion of models and schematics. Ncw Commissioner Plur,7mer had raised this in an earlier meeting ani we have in the development order a request that the a soil r mc)del ana schen,atic crawings. They are here toad'.' with 3 numh-er o`_ d�a�'1',:�b cl,.: ml: :.Tplicant is going to take you through the full descrlptlo:i of these projects. With respect to the detail, we feel at this point in the Development Order process you are being asked to do two thi nqs: (1) Approve a development program, the total density in terms of FA-., the n',i*nker o: YESIGE:',tla1 lir:itS off-street narkinp, and so forth and that a detaileu ,:todel if c;:e total project cf the garage could if you choose to have It made' avai l:ablE' at :he tirie as you exercise controls rro;,ect. Int(-. '_};e :)e':elcF meat Order it is written that all of the uses must come to the Miami City Co;- fission fo:- your review. This :-,cr,r:s ,hat the variances for the truck bays that we an• icipate tht-y y:, 11 will come to this Commission. If a conditional use pe~mit is sought for and Parking it will come to this Comrussiorm. Th,? CorSrission at that time can look at the details of the design of the gar- aga anc how it works and how the developer can be held accountable for min- imizing the impact it, handling that issue in a sensitive manner. In terns of heirht variances that would be required fer both of these buildings, they will come to the City Commission. In terms of the street closure that is necessary for the bifurcated plan to work, that will come to the City Commis- sion. So there are at least 4 other decisions to be made by this Commission with respect to this project going forward. The third issue relates to the pedestrian circulation ..;stem and this morning you appointed a committee to weak with resnect to t',-,e design of the project to work with Mr. Stubbins if he decided to work with the City further. He is in town today and he has meet today with the Gould people. Mayor Perre: Jim, look, you're not taking any pictures now, could we take t}.ose lights off? I'll tell you it gets awfully bad after 10 hours. Ni Reid: And tomorrow he is meeting with Southeast and then on Thursday we hope to get nim togetr-,r with the committee to report to the committee his f.ndings with respect to the meeting with the principals here. But we assume either through Mr. Stubbins help or through the work of another consultant firm if that is what is required that the design perameters of the pedestrian system can be made available and a~ircved by this Commission in May. And we hive built into the contract funding for the further definition of that sys- tem and an additional 120 names were (unintelligible) with respect to when we would receive a recommendation from Mr. Stubbin or some other consultant. So we have two phases here really, we have the parameter of the pedestrian system which will come to this Commission and we have the actual detail drawings and dealing with issues like security and financing and that kind of thing (unintelligible). So in terms of the pedestrian system, I think the important thing is that the towers are in the develop- ment order, the design system, the requirement is in the Development Order for them to if they need be participate in a special taxing district to build the system and the control is with the City Commission in terms of adopting the design in terms of what kind of pedestrian circulation system we have and I think that is important. The bifurcated system itself, the highway Fystem, the State has a design timetable on that we can live with, if they con't do it on time we have a fall back provision that the developer :nd the city will do it. On the funding of it, the funding is a major unanswered ques- tion. Ic's not a policy, if the funds could be sought from the State, it's 114 _ MAR 17 198) 4 10 their responsibility to provide them and the State has indicate:i that unless they have initial sources of revenue from the Legislature this year or poss- ibly next, they cannot fund this needed highway improvement and the fall back provision was required of both developers to buy bonds from the City and the County to complete these roads. The point is we have the design mechanism in I -lace, we have the funding mechanism in place. There are two or three more of these issues and that's it. Another issue is access to DuPont Plaza. We are doing several things there.ln Condition 13 which I think needs to be slightly re --written to continue up to Biscayne Boulevard,we want to have Mr. Gould dedicate up to I() feet south so the DuPont Plaza can retain their service lane. We think it is important that they have that service lane retained. The second thing that we have done, is provide you with a resolution to State DOT that really asks for two things. A resolution was handed out at the same time as the Development Order and request the State to design the bifurcated ramp so that you continue to have access to the DuPont Plaza Hotel on the surface streets system as you do today coming into the south(1) and (2) to attempt to design the bifurcated ramps themselves in a design speed so that you can come down tho:ie ramps, hit the surface street system and make a right turn into the DuPont Plaza garage and we're suggesting those two things of the State in to ris of the design of the bifurcated system. We have required in the develop- ment order traffic maintenance, a construction employee parking plan and on the movement of the DPM we are going to get advice from Mr. Stubbins on the EPM, we don't think that that issue can be dealt with in the development order and we also need it right, of course, in the Office of Transportation Adminis- tration of Dade County. So, in summary, we believe that the change in the development program is a beneficial one, that the models can be provided to this Commission and in the context of several other development approvals that they have, the pedestrian circulation design and funding is nailed down, that the bifurcated system design and funding is nailed down, that there needs to be access or to accomodate access to DuPont Plaza, traffic maintenance and construction of employee parking plans are necessary and the DPM movement is going to be dealt with by Mr. Stubbins and the Office of Transportation Adrinistration. Through the policy process that you, Mr. Mayor and you, Mr. Plummer, participated in, the Saturday morning policy meeting and eventually to the Commission, the City and County Commissions. Finally, to conclude, we request that you act today to approve the development order and let. me mention one important point, the desirability of acting today. By act- inc- on this development order you will lock in this developer to do things that are important to the (inaudible) block (inaudible) from the developer in terms of the future of downtown Miami. One is the bifurcated highway system and his participation in the funding of it, the second is the participation in the funding and the design of the pedestrian plaza. It is important to act and to make sure that those issues for any developer...... Mayor Ferre: Okay, thank you, Mr. Reid, that was a very complete analysis. Ani now, Mr. Gould, the Chair recognizes you. Oh, I beg your pardon, Mr. Gould, we need to hear from the government agencies and we've got the DOT, the DOT would be next. Let's hear from the Department of Transportation. Mr. Armando Vidal: I'm Armando Vidal, Chief Traffic Manager of the Florida Department of Transportation based in 2iiami. In essence, I assume that the changes to the Development Order, particularly Item 13 of extending the additional 10 foot dedication to cover the 2 blocks but on the seperate resolution, Section 2, I don't believe that we can work out the ramp design if he refuses to clear S.E. 3rd Ave. I don't think it is physically possible. Mr. Plummer: What item, Mr. Vidal? Mr. Vidal: Item #2 on this resolution. Mr. Plummer: Which resolution? Me.yor Ferre: The one that is in front of you. M:-. Vidal: It's a resolution relating existing access to DuPont Plaza itself. Pb-. Lacasa: Mr. Vidal, do you mean by that that the ramp will by-pass Third Avenue, S.E. 3rd Avenue and, therefore..... Mr. Vidal: (INAUDIBLE - Microphone malfunction) Instead of reducing the length of the ramp you need to extend the length of the ramp. In other words 3.-d Avenue will come under the proposed structure and the ramp instead of touching down right in front of the entrance to the DuPont Plaza Hotel would c;me down east of that. I'll show you a drawing I've got here. 981 115 MArR 17 111 May Ferre: Well, explain to me why physically you can't do at if you go down to 30 miles an hour? Now yes, you can't do it if you leave it at 40 or 35 but what if you reduce the speed, why can't you? Mr. Vidal: Well, I believe the ramp has been designed for 35. Mayor Ferro: Well, what happens if you design it for 30? Then can you do it? Mr. Vidal: You probably could change the geometry, y:�ju need to take a look at the grades, but a better solution is to extend the ramp rather- than to shorten the ramp. You probably are going to get to go to a steeper grade with the shorter ramp. Mayor Ferre: I mean if you extend the ramp and then permit DuPont Plaza to get in under? Mr. Vidal: Exactly. Mayor Ferre: okay. Are we against that or is that acceptable? Mr. Reid: There is basically an important trade off here in terms of what Mr. Vi:ul has said. We are suggesting that the raznp speed be reduced and tat. the ramp be shortened so that their intrusion into the City of Miami into the defined area is less and to enable a right turn from the ramp into the DuPont P1?za Hotel. This gives the DuPont Plaza Hotel access from both the rarips and the surface street system. What Mr. Vidal is attempting to respond to is the DuPont Plaza Hotel's concern with the closing of 3rd Avenue but the point is if you continue 3rd Avenue open and continue to allow those left turnina movements to go underneath along the ramp you're going to cause serious traffic conflicts at. the intersection of 3rd Avenue and 2nd Street wh-ch is the approach street to the ramps on the other side and I think that without seeing the numbers on that that this idea would be of tremendous neg- at`.ve impact. I -la or Ferre: Let me see if 1 can understand this in my mind. Skippy, when you and I talked there were 3 t.hinas that were concerning you. Okay? One was the cur3stion of whether or not the trucks and the taxis that go into your hotel, ani I hope that that is addressed somehow in this. Mr. Reid: Item 13. Mayor Ferre: The second thing was that the people coming from the north could get off and get into your property but the people coming from the south could not. Now, I would hope that that is addressed in this. Now, that problem is resolved. Ncw the third problem that you had.... Sir? Well, I'm just pointing them out. The third problem that fou had was that the ramp was taking too much of S. E. 4th Street and it should have gone further into the Gould project and, therefore, create one more lane at least. Okay? And the 4th problem that you had was the gtestion of 3rd Avenue. Okay? Now those are the four problems that I remember ycu and Dan Paul enumerated that you had in addition to which you also had pedestrian considerations but that's not being considered at this point. Now, how many of those four have been answered by what we're doing here, Mr. Reid? Mr. Reid: There are three concerns answered here directly, one is the pedes- trian system (unintelligible). Mayor Ferre: No, we're not talking about that, we're talking about traffic and the Department of Transportation, the four things that Mr. Sheppard said he was worried about. Mr. Reid: The three that have been answered are the dedication on the northern side of the street to enable his service ramps to be provided, the access from tie south on I-95 to enable existing turning movements to continue and the ac- cess from the ramps into the hotel. Now the thing that has not been addressee is the continuation of an open 3rd Avenue. It seems to me there is an important trade-off here because if you get the access from the ramps and ramp speed slowed that means you would have two ways into the hotel. If you extend the ramps there is no way you could come off the ramps and enter the hotel. To me it means that in terms of the trade-off between better access and better egress that the person would choose access because if you extend the ramps and keep 3rd open you have two negative inpacts. You cannot get into the hotel from the ramps (1) and you cause increasing pressure on 3rd Avenue especially at the intersection of 2nd Street and 3rd Avenue. Mr. Vidal: Mr. Mayor, why don't we leave it that we have instructed our con- sultants to look at your four points as part of his contract with the Florida MAR 17 1981 t I Department of Transportation? So we're about 9 to 8 weeks away from issuing an order to proceed, to go with the contract and he will be working direct- ly with the developers and the DuPont Plaza Hotel people. Mayor Ferre: Skippy, is that acceptable to you? Mr. Dan Paul: No, the problem is that this resolution that you're talk- ing about is not part of the development order, it needs to be incorporated and needs to be revised. Mayor Ferre: Dan, wait a minute, we've been through this with Hood Bassett of Southeast Bank, the reason we couldn't make it part of the development order like in your case is that according to our lawyer to do that we need to adver- tise and that is going to hold this whole thing up 90 days so we did it for Southeast in this form and, you know, what is sauce for the goose is sauce for the gander. I would imagine it would be acceptable for this. Mr. Paul: But you haven't advertised all the changes in this development order, there is no difference in adding or making conditional changes. No part of this development order, in fact, Mr. Reid didn't even write it until this after- nocn and yesterday, no part of it has been advertised. Mayor Ferre: Mr. Reid, do you want to answer that? Mr. Fosmoen: The difference was, Mr. Mayor, that we talked about an amendment after the order was approved, in this case the order has not been approved and yoi, can still make amendments to it. Mayor Ferre: You can make it. Mr. Fosmoen: You can at this point prior to the adoption of the development order. Ma?or Ferre: I see, because this is a continuation, this is a public hearing, Da!,., I'm sorry, you're right, I stand corrected. Ns. Reid: This material certainly could be incorporated in the development order. Mayor Ferre: Well, I'll tell you that I for one on voting for this would want it incorporated in the development order. Okay, any other governmental agencies t:at need to be heard? Metropolitan Dade County, the State, South Florida Reg- ic nal? M:•-. Ivan H. Carr: Mr. Mayor, members of the Commission, I am I. H. Carr of ti.e Dade County Aviation Department. Certain proposed tall buildings in the C:.ty of Miami might adversely affect air traffic operating into and out of Miami International Airport and it may restrict vastly the airport. Our re- view of a recent study conducted by the Federal Aviation Administration relating t..) the Hines Florida Association's Southeast Bank Building established that tnat building, that building to a height in excess of 750 feet mean sea level at that site would adversely affect..... Mayor Ferre: Sir, you've got me lost. Are you talking about Southeast's Poilding? Mr. Carr: No, sir, I'm referring to those buildings but I'm referring to a study that was done on Southeast's building. Mayor Ferre: I see, how tall is the Southeast building? Mr. Bassett, can you c.ive us an answer? (INAUDIBLE RE!�,PONSE FROM AUDIENCE) 778. And how tall is the proposed Gould Building? (INAUDIBLE RESPONSE FROM AUDIENCE) 760 and the ether one is 860. Now you're saying that the Southeast Building shouldn't be more than 750? !ir. Carr: Yes. The study done by the Federal Aviation Administration determined that if the building exceeded 750 feet in height it would have an adverse affect 3n the aeronautical operations in and out of Miami International Airport. !Mayor Ferre: Higher than that. Mr. Carr: At the Southeast site. Now the Gould site is adjacent to that and the same relative position to Miami International Airport. Aayor Ferre: In other words you're saying anything over 750. 117 MAR 17 1981 Mr. Carr: 750 or above. Mayor Ferre: Or above. 0%ay, so in other wor:is we wc;uld he 10 feet over or whatever. Mr. Carr: (INAUDIBLE) Mayor Ferre: And you're 10li `eet over.. Mr. Carr: Mti, understanding was that the aeron ;l!t i , ,t'., i; c,•rldu. ted for the Southeast Bank Building with the FAA, the ,`:_:_�-,' i3ar.k builders would agree that the,,.- would dro.- the bluff: Sing t., ; +'.' m ::l :, Ievel. !Mayor Ferre: Is that acceptable-, Mr. Colson: That is in negotiation. k., art- ao:,lret thing and obviously if you build the i.•ui av=c...... Mayor Ferro: All right, Mr. i:eir?, w, at is tills Ci^..y'_ ::-;sit.ion on all of this? Mr. Reid: Tile Clty's position is that when we are requested a variance...... Mayor FE'rYe: T:'IC: lltj''S star:, exc,'-S me. Mr. Reid: Yes. That wt:= rlr ; e' we - "-e _ � ..ci "ht variance, we will r th;l' the a ' l icant cor.piv with the pplicahlei stand3r,�s of the FA;l. Thl�; fS Wlla`. '�c.' _ .` ..g with c,n �uteasL, the hl.i.y:,_ o t.11s Luildi. q, it is what %,'e _ r, _ C)Se for Mr. Gould's Culldinq.... ".:ayt-r '�{a'i _:art'. ! i Il'.=.' i�l;.it j�•. Cal%� s 1 :i=;I ;S i!lt_ ��r( TIl�:i tlr�' In l.'h;it 1 1.:_.�:7• ii; t'l<' �..:"�'.' _:1... U'.... m<_IEi` w,7n:lte tr; ^•O:n`_ out. this Concern J� our.' ,. rt'_. Te, q'uG S, .....lt ._•E- before the Co:r"nisslon r... .. '.liC. a1.1:1 y a v-3ruance a:;C,vc........... "i3VCir 'C.'I'7 e: GKa '. y 1q—,:]:. iaVps7 �`•r. i lumrier: YQs, }you're sa.?iny Mr. Gould says no prohler. i:ut you're talking 3iso .i hu:-,;-fired and ;:l;,t ? Mr. Carr: Reducing his building to 750 feet or there31yr.uts or below. !fir. Plummer: Well, Mr. Reid, or Mr. Gould either one, what is you proposed building at this time? Mayor Ferre: Well, isn't the question., "Are you willing to reduce it to com- ply?" What is the difference if it is 2,000 feet high if they say they can't go over 750 the question is are you going to be able to live with 750. Air. Ted. Gould: Well, obviously we, I haven't seen tiler stuay. Mayor Ferre: Mr. Gould, we'll get to you in a moment. Now is there anything else that you want to say, Mr. Carr? Mr. Carr: No, I merely want to bring that to your attention. riayor Ferre: Is there anybody els- :sere that represents a government agency of any kind that wishes to address the Commission on this development order that is presently before us? If not, the next logical move is to Mr. Gould, the developer. Mr. Gould: My name is Theodore B. Gould and I want to thank you We have ten drawings herd mounted on board. elan I line tnem up against the call or on the floor. Mayor Ferre: Well, 1 nate tE, i,iconvcnience people, why aon't you just put them on the floor and we'll all stand up. Okay? Unless somebody wants to move voluntarily, :hat's up to them, but I wouldn't be a party asking them to move, if they want to move that's all right. Don't we have easles? I tell you what, you can put one up against the speaker's stand, there's one place nigh there. All right,Mr. Gould, why Jon't you put them up and we'll all to down and take the seats down there and listen to your presentation from there. Okay, we'll take these seats down here, Jim, and ,hen set these things up so that we can a11...All right, it is import-nt that we all calk into the microphones to that we can keep the record. So, Mr. Gould, if � , - going to address the Commission, that microlphone comes off. MAR 17 1 aCU ' 118 i r# Mr. Gould: ..... We acquired Tract D, Lets 3 a-:d 4 in 1979. We began a process of preparing a master plan. In 1979 we submitted an application for a Development Order for the first phase. At the time we began formulation of the master plan we reached the conclusion that we could support mixed use development. We, in fact, propose to build an 855,000 square foot office building, a 630 room hotel and 500 condominium units which we since modified and reduced to 324 units. In the evaluation of our master plan, we were aware of the pro- posals made by the City's Public Works Departments as alterna- tives to the traffic problems that were being considered for resolution of both traffic and parking for downtown Miami. It was referred to as the Bifurcation approach. it involved bifurcating the I-95 ramps and exits and placing the parking garage on the two western blocks of DuPont Plaza, blocks 2 and 4. Since we wanted to extend the mixed use development and, in fact, since the resolution of traffic and parking problems, we cooperated in this development ana in July of 1979 we attempted the second phase of the proposed master plan based upon the bifurcation and it involved one major office building of approx- imately 1,500,000 square feet of space built on block ..... construction of 350,000 square feet of retail space dispersed throughout lots 2 and 4 and a 5,000 car parking garage on the two western blocks. Third Street and Third Avenue, using Biscayne Boulevard way as a service entrance for truck an,a other tyas cf vehicles that are coming into the site for ser- vice. Shortly thereafter, Southeast submitted an alternative master plan, it was based upon the use of this parking garage and it involved the construction of an office building on block 5 and extended the galleria from the two western blocks through the site to the water. Now, in fact, that is exactly what we have done. We have extended the galleria from the two western blocks to the water. We have crossed Biscayne Way, Biscayne Boulevard at elevation 28. We have brought into the area where it was originally supposed to be at elevation 40 ana now we are bringing this galleria into an atriwr, that exists in this area and allows an extension of it to the water itself. Since then in the summer of last year Southeast and we modified our development. The principle modification was that Southeast introduced a parking garage, the second parking garage on block 5 containing d,200 parking spaces. In order to accomodate this parking garage, it was necessary to open Third Street and Third Avenue. we could no longer retain them as closed streets. The effect of that is to increase the height of the galleria that both Southeast and we had agreed upon at that time and increase it from ground level to elevation 28. The reason for elevation 23 is because the City needs 16� feet of clearance at ground level from the bottom of the slab of the galleria for the service of utilities. At that time, both Southeast and we agreed that the galleria would be enclosed or at least a covered galleria. We continued development of this master plan and we have opened up the two streets and Southeast has proposed to construct a 1,230,000 square foot office building. We, as you know, own and control 271,000 square feet of DuPont Plaza. Southeast controls 106,000 square feet of DuPont Plaza. Based upon t:,at, we originally proposed to construct two of- fice buildings, a 1,500,000 square foot office building which we have extended to be 1,556,000 square feet located over here - and a 984,000 square foot office building, a smaller office building which would have been located on the inside of the site. On January 15th, the development orders for both Southeast and ourself were approved by the Southeast Florida Regional Planning Council. They then went to the Planning Advisory Board and at that time a number of issues began to arise with respect to the location of the downtown people mover, the elevation of the Downtown People Mover System and the funding of the second level pedestrian plaza as part of the conditions of both Southeast Development Orders and our's. I realize, in fact, that we were premature because we had not, the City itself,had not defined land use the destiny that the community should reasonably expect to achieve in the DuPont Plaza area is the substance of the discussions that are occurring today and will be occuring in the next few weeks. especially what type of environment the City wants to have in this area. On February llth, the City passed a resolution directing the administration to employ Hugh Stubbins to define the design parameters of t1Acona level pedestrian plaza. 1 MAR 17 - - - ' - , I . 1 -2 1 Our aA"c ect to lql�,� .1. 1, i_uyi, nt tha once the City has, defined it;� policies wit-'r, to those issues we wiii complete: the dc-vc,_1iopmer.,t of this _'tpro- gram t J. 0 r gram and we will abl(le by Mr. 'ubb_`.-n:-.' recol,T-,G,1 is and the City Commission's 1c '_hey estaloli shed. 4 1-, ' !- s t p b V ti I that you I would like to go through L .1 e p understand iL. The bifurcat.i1c)n ;,,r,-cf:�s5a::y t:0 actual allowable &nsity _'or thl� 4 I not_ on tree ji he d s Zoninglaws, 1)ut on the aCC05L, ric"! f--� ' ;1 :, . , Cal: t-o DuPont Plaza and the n-aml:)cr of cars that -:-.,an pary.f ., i-here. We C ` could then put 4,000 cars in iav:;ng put 4.000 cars an -parKin(., C7 :'I W I iently as o--filer process and we are not -ii, t'Llif-, the Zoning laws of the City of M4a a request for variances from the 7xininc laws, w,:- -.1-c no-- at this point asking the City to grant us ._:low us to J build tliis office building and -Li-liS con(!(miniuTn a4 � the he ght for which they arc presently We are only dealing wit'Ti the issues oJz. scope, Circuiatlon, We are dealing wit (:.en,ity, not" th(: ai-d we w :I wal.t. for that until J t wL I' I define S t L h 1. n s ha ; c P c) r'- t 0 t- 1,e C; tho dr'�_,>'Jqn p leted that a:-,C:A.' the City has adcn-..ted aT- pt.-At--icy, the'n we will complete the stylist-3c astect, C".1 des ij.,-, r,47 4 1,,- tne wcrking 7.1- 1.. d (_ t 1 arid retu_l-ri to the City Conuns- Sion ai'd WI-L'I" cir -win(.%�; at I d comnissJon and ask -rLo--- C on Q: 1* 1. i o', a I Use Virlances with respect to height, park- a 1*1 Ca a il d necessary cuff -street 3 c_ ad in sj would like to go p C U blai'd ngs C" --e t h r u', y a -, s 3 c-1 11 t .'11 -s ' - - i , w - a J .1 _7 a 11) r-,,,) t --i. c :-hc- pl,--,ase an(2 con centra t"Lnc; crAv C'n t. s 1) 1 L -parking garage, the 3 _5 0 001 1_1-.rc r t T t C, j c i 1,c r,jilezia that is related t h,- 1:,,i c:t i c, n , _ 2 f. LA The second n h c - c.c C i r I1 CI "i I e thuvffiCe 1 111Gii1C If t h C, t 1, u i I d W c, c n ' t bu i 1 "' above 750 feet , Wr- 4._ rev-, ow 1:1-;c stud,,., and if that study has sub_�,-,_-ance weWi I I we will simply change- the floor area size -.nO reduce the 'Deiqht of the building to 750 feet. There have 1)een some., (*u(_!stions raised about. the parking garage, the 1 first three f'oors of the panng are r(::!tail s-pace. A As you are aware, we are in the hundred point flood -range and we cannot have any construction of f:�nished space below elevation 11. At elevation 11 therm w-:_Il be re' -ail space beginning at Second Avenue going down to the office building and coming up to Biscayne Boaljvard Way. in addition to that, behind the retail space there will be valet parking. The -retail space will open out visually at street level all along block 2, all of block 4 and along block 3. The entire level at elevation 11 will have retail space on the outside of it, this at the present time shows a valet parkilig aroa, the valet parking will be inside. Third street -funC3T0e1'1tal1y for both Southeast and ourp,elves is a service street although Southeast's parking garage requir.-s access for automobiles through Third Street as well. Third :,'--reet is open and Third Avenue is open. The issue with respL-ct to thc; DuPont Plaza Hotel that we have always agreed upon, the original engineering design of the bifurcated ramp system is based upon speeds of 30 miles per hour so that the bifurca'Lt::d ramp could stop before Third Avenue, make the turn and if there were a light there it would be possible to go from Third to the bifurcated ramp directly into the DuPont Plaza Hotel. The State projected that at the time and the task force required than the ramp system have a grade allowing it, allowing the traffic to be 35 miles per hour, that 35 mile an hour ramp causes the ramp to be ex- tended beyond Third Avenue. It is associated with slowing down those cars and stopping the ramp traffic prior to Third Avenue so cars can make the turn directly from the ramp system either left on Third Avenue or right. The next level is 281 Level 28 because of cutting open Third Street and Third Avenue for vehicular traffic at thp level at which it was necessary to place the galleria (INAUDIBLE COMMJE1%111' FROM CITY COMMISSION) Our concept of the ramp system is that it would end before Third Avenue and there would be a light at Third Avenue. What you're looking at over here is the structural system for a pedestrian bridge 120 MAR 17 1981 pedestrian bridge from the DuPont Plaza Hotel. The way the ramp system works is that it is a free flowing system up to the first level of parking, the garage is very efficient, it has 490 spaces and some people may see. "Oh, look at. the massiveness of the garage." At this stage all we're trying to do is to design the optimal garage. There are several alternative ways of stylistically making this garage appear to be something more than just a garage. Coming off the I-95 exit ramp our garage is approximately 147 feet in height, the Downtown People Mover System will cross the I-95 connector at elevation 52 and enter the middle of Third Street. It would be possible to create a major archway over the here so that this building looks like the gatewav to Miami. It would also be possible to put a crown on the building and instead of simply having parking up here we could have a res- taurant. It is 150,000 square feet in size , it would be ideal for that purpose. We are not dealing with the style and characteristics but we do propose to minimize the garage characteristics of this building and yet recognizing that without it there cannot be any development in this area. Without this parking garage it is necessary to take oall of the cars coming off that 1-95 connector, 65% of the cars exiting this area come via the I-95 connector. Only 17% come to the DuPont Plaza area over ;.he nzickell Avenue Bridge. AnothL�c aspect of this drawing that I would like you to notice is that the levation of this garage is only 147 feet. The ramp system as you enter Miami is at an approx- irkate elevation of 42 feet. So what you will be looking at as you are driving your car is not the parking garage but rather the buildings beyond it which will be either 750 feet or 850 feet depending on the FAA decision. We are now at elevation 28. Elevation 28 is where our office and re- tail space will be. It is also the area that we have extended at the City Coiimission's request, the galleria so that it is in back of the Edward Ball Building and is south of the Southeast Financial Center. .... It is necessary in order for the ramp system to work for the cars to come off the first parking level and not to be impeded by lights so that you have a free flow of cars directly onto the I-95 connector either going in or going out. (INAUDIBLE COMMENTS) We chose to modify our plans because of the February llth resolution employing Hugh Stubbins giving him the responsibility to study and define urban policy. There is a trade off here. Nothing in this development order process restricts us from taking that condominium tower and transposing it by putting it back where the office building was. There are a series of decisions that have to be made and we have simply decided that we favor a mixed use environment, living environment so that instead of having two office buildings that we would replace the smaller office building with a condominium tower. (INAUDIBLE COMMENTS) The ramps are, in fact, on both sides of the archway. What establishes the height of the archway is the height at which the Downtown People Mover System will traverse the garage itself. The Downtown People Mover System's elevation is 52 feet, the platform is 58 feet. If you look over here you will see 4 glass elevators that would be used by condominium owners and by their guests once they got into the galleria itself and we're going 1_-; to elevation 58. We'd then be on the level of the lobby of the condominium where they would find passenger elevators for the condominium tower. What we are proposing is a landscaped galleria covered at least and per- haps part of it could be open. The next elevation is 43. At elevation 43 we still have not reached office space. At elevation 43 would be retail space for the office building and the condominium tower. 43 is also a second major retail level, levels 11, 28 and 43 are the three main levels of retail space. Elevation 58 would be the lobby level for the condominium tower. From level 58 to 143 is all office space. Elevation 50 is the fundamental area for the parking and the platform for the Downtown People Mover. As you can see, unlike the original plans, we propose to locate the Downtown People Mover System platform inside the parking garage itself.. The platform for the Downtown People Mover System is 80 feet long. When you separate the tracks of the system with cars going in either direction 2 MAR 1 7 1981 going in either direction. It would be approximately 50 feet wide and to locate this platform here has two dis- advantages. First of all, it is a visual intrusion of the second level pedestrian plaza, it is a long platform 80 feet long, 50 feet wide with escalators and elevators for the handicapped. It is not necessary to have additional elelvators or additional escalators, t;ie exist already, it is simply a matter of stopping the Downtown People Mover System here in the structure and bringing the traffic all together again and they would only be about 20 feet wide as they carte through the site. The location of the Downtown People Mover Station has to be considered by the architect employed by the City in order to cc,nsi :ter tl,e problem, and make recommendations with respect to design. (INAUDIBLE COMMENTS) For the I-95 connector to work, you have to have a free flowing system, a free flowing ramp; system so that these ramps in the parking garage would not obstruct the flow of traffic onto the connector. This ramp system along with the bifurcated ramp system is fundamentally been reviewed by the Transportation Committee and it satis- fies the downtown traffic department program. I would like to discuss the second level pedestrian plaza and what we intend to do and I reiterate if the City Commission passes the development order it is not our intention to Yoceed with nr.d rcquest additional variances for parking or off-street loading nor is it our intention to begin con- struction immediately. We will wait until Stubuins submits his report and we will work with the architect and the blue ribbon advisor, co;rnittee and we will present our ideas with respect tc the galleria and the scope of the second level pcdestria.n crossing. From the point of view of property owners who own 77� of the ].anti are aim is to have a covered galler.ia, than doesn't moan it has to be completely covered, it will be lan3scaie6 and we arc prepared to listen, to co- operate a.nd to fund. When you approved"Snutheastls-'plan -for this blc,c :, _ t was, in fl a-t, dependent upon solution of a particular prcblcm, it was dependent upon the solution of this; problem right over here. Southeast doesn't control this property, I do. I could have built three office build- ings on this site, I could have covered this site from build- ing line to building line with 30 story buildings and built as much as I wanted to within your zoning code but that would not have been to our advantage and it would not have been to Southeast's advantage and we agreed to cooperate in this develop- ment. I would like to talk about style. As you can see, this will be a concave building with an elevator core outside of it. There have been a series of incidents as to the stature of this development. Southeast's development order was ap- proved, our's was deferred. I even requested an additional deferral. Southeast requested from the Zoning Board approval of their variances and because of the statute of limitations on the development order process, expired on March 12th. It was necessary for us to file an appeal on Southeast's order. The reason it was necessary to file an appeal is that we have a $250,000,00,'. investment here, we have a $360,000,OOO.invest- ment here for a total, if I'm not mistaken of $610,000,000. If the traffic and parking problems of downtown Miami are not resolved it is going to adversely affect from a financial point of view the value of these three blocks and also the value of the property and I have a responsibility to you, to my partners and also the people who lend me the money, that responsibility is to make certain that the property is not financially damaged. I filed an appeal and I made it clear at the time that so long as our development order is passed .and it contains the conditions that are, in fact, embodied in the development order, and those conditions are reflected in the plans for design and funding and construction. It is agreed as the last resort that we will provide the funds for the design and construction of the bifurcated ramp system. Southeast is not willing to do that, it simply cannot do it. Nobody other than we unless the State wants to condemn this property is capable of solving the downtown traffic problems. The State has already indicated it doesn't have the funds for even the design of this bifurcated ramp system let al-)ne its construction and the possibility exists that this bifurcated ramp system will not exist lt 1989 without our funds. The second w MAR 17 1981 second reason why it was necessary to appeal is because at the time of the appeal. there was nothing of substance in the conditional use variances that was being by Southeast and had been approved by the Zoning Board. I have now seen the conditions that have been establisheka for Southeast and if those conditions are satisfactory to the City Commission and to Southeast and our development order is passed so that we can be assured that the traffic problems will be resolved, we will withdraw the appeal tomorrow. am only interested in one thing and that is the acceptance of those Conditional Use Variances that the City will have the opportunity to define urban policy and specify in design parameters before Southeast can even begin ccnstruction or alternatively; that the City will have the opportunity of �.c�uiring that this galleria in whatever form it is be connected to their build- ing. I want to make sure that our development order embodies both the design, construction and F,19ing problems that are related to the traffic system. if our development order is passed and Southeast accepts the terms of the variances, the Conditional Use Variances that we are proposing today, we will withdraw the appeal tomorrow. The thing you have to bear in mind because I know a small amount about construction, iihat if Southeast goes ahead and begins construction or even begin the foundation of their building or the structure prior to the time that the Cite Co: -mission its urban policy and adopts trite 1;_icy with respect to the design parameters for the galleria it is not going to be possible, the adverse financial impact. of Southeast's building will be so great that they will ultimately have, they will have less strikes whether they have them legally or not, it is going to be un- likely that anybody will be able to make Southeast tie those buildings together with t.".e galleria. You, the City Commis- sion have the responsibility and I ask the City Commission to define its urban policy with respect to this development. Let me give you an illustration. If the City says that what it wants in this area is an office environment then there is no reason to do any more than to connect these buildings with a bridge. If you connect these buildings with a bridge if you say you want an office environment I will build an- other office building and not a condominium, tower because under those conditions you're telling me that you don't want people going down there. Southeast has agreed to and we have agreed to that the City will specify the construction of a second level pedestrian plaza and that could be funded through a special tax district, that is another issue and let me clarify that. My people have agreed to a special tax district and so did I and I am prepared to go along with a special tax district but the City Commission has to decide that even though the cost associated with a special tax dis- trict are higher than private funding if that is what you want then nobody can come back later and say, "You're on the City's dole". I can then say that the City Commission decided that they wanted it. Again we have proposed an alternative which you can consider in determining whether or not you want this galleria. if you don't, Southeast has already agreed whether it is a special tax district or not to share in the costs of construction. Mayor Ferre: Mr. Gould, so that it is on the record, Father Gibson has brought the question up as to whether or not when John Aurell was here, and Mr. Nestor and they signed a piece of paper along with Southeast and Hood Bassett was right here and he said "I'll sign that", Father Gibson at the time asked Mr. Nestor and Mr. Aurell, "Do you represent Mr. Gould and are you authorized to sign?" They said yes. I understand that Mr. Aurell was your alternate, that alternate was not accepted by the City of Miami Commission. Their signatures are still binding and legal. Mr. Gould: If you, the City Commission decide that you favor the creation of a special tax district, we will parti- cipate in the special tax district. Mayor Ferre: That has never been in question, is that cor- rect? 140 MAR 17 1981 Mr. Gould: That has never been in question. We have offered a less expensive alternative and my position is the principle benefit of the galler.ia, the second level pedestrian plaza is the private sectcr, not the public sector. If you have bridges connecting buildings then the principle benefit is the public sector. Mayor Ferr--: All right, are there any other statements that you wish to make at this time, Mr. Gould? Mr. Gould: Thr� only thing I want to e,<<p:,asizc, is in ti,e nature of the decisiv.) *naY"_rq p_ oc,�ss us a p ol:icy act. Although we have submitted these I want to empha- size that what we are dealing with is the onvi.rcnmental impact project. We are not dealing with style. Mr. Pluruner: That's a point I want to get to, Mr. Mayor, because. Let's do it now and get it up on top of the table. As I understand it, r. Reid, what we are being asked to do Tonight is to approve the DRI and what Mr. Gould has ^roferred here is, in fact, let's call what I'll call It maxi:;";Lns if it i. � approved here tonight . I don't know whether i_ is going to be approved but the FAR as I recall it is t,-irteen somethin. . So what is for the purposes of cj�JlJj _:,y ',:h- 5'P7. , that's the maximum that he can go to. Mr. R,-id: TLat is correct. b?_Y. PI'L Leer All right. Th, parking spaces he would be the : nil] i_rium amount that he has specified in this � �, i.- , Is that correct? :11% ::3: ;.c }:r,_,cess is that he would have to provide my nore t;lan 4 , 000 spaces wl tho'ut requesting a detcrns?;ation of substantial deviation of the DRI. Plu=er: Well, I'm more concerned that he couldn't 1 o•.i�i� less than 4,000. Mr. Reid: W(,�'re in a process now of spelling out the regional parameters and their environmental impact in terms of the requirements for a specific number of parking spaces, as far as a hard and fast number that could best be done in the con- text of the Commission evaluating the zoning, the conditional use permits for parking. What we're saying in the DRI is that he has proposed 4,000 parking spaces and we think that is a reasonable number and we will look to the 'Zoning Board that need to be provided. Mr. Plummer: All right, but what I'm getting at, that if I vote for the approval of allowing him to proceed with a DRI what control do I retain & the Commission to assure that there areas which have been spelled out here tonight are adhered to? You see, Mr. Peterson came up here and made a statement. Iis statement was once you approve that DRI it is pretty much out of your hands. YLr. Reid: We dealt with ,,,)ur suggestion , Mr. Plummer, at on the first page of our exhibit by a statement "any var- iances or conditional uses brought before the City Com- mission for consideration and approval after decision by the Zoning Beard,"it being understood that any such City Commission approval or disapproval may further limit the project and are incorporated by reference in this develop- ment order. Mayor Fer.re: Do you mind an interruption on this? Because I think a very key point is Dan Paul keeps telling me that that is illegal because the Charter says that once it goes through the Zoning Board and the Zoning Board approves it, it doesn't have to come up before the City of Miami Commis- sion. Now, Mr. Attorney, listen to this, please. Now, as I understand it your interpretation of the law, and whit I've heard up until now is that Dan Paul is right as far as the 124 MAR 17 1981, Charter is concerned but he is not correct because what we did in affect is make that a condition of the develop- ment order and that by making it a condition of the develop- ment order it is, therefore, mandatory because they would accept it as part of the condition. In other words when they accept D.O. that is one of the conditions in it and they, Gould or they, Southeast accept it as a conditon then they have to live up to it because it is a contractual agreement that is made between the City and the applicant in that development order. Is that correct? Mr. Clark: Yes, sir. Mr. Fosmoen: There is one other point, Mr.'Mayor, and that is that we could also appeal the decision of the Zoning Board. The staff could appeal a decision of the Zoning Board. Mr. Plummer: That piece of paper you're reading from, Mr. Reid, has already been violated. Okay? Because part of this order here says that the matter has been before the Zoning Board. The Zoning Board has not even considered on the Gould project as it relates to condos. Mr. Reid: (COMMENT INAUDIBLE) Mr. Plummer: It says, whereas the Miami Planning Advisory Board at its meeting held on January 7, 1981, item 2, fol- lowing an advertised hearing, Resolution PAB 481 by a 7 - o vote recommending approval of a development order for the Miami Center II DuPont Plaza Project, a development of Regional impact, the Planning Board did not consider condos so this is a false statment. Mr. Reid: Commissioner Plummer, the statement I read was extracted from the first page of a development order and related to further action by the Zoning Board. It didn't ascede to the position of the Planning Advisory Board. Mr. Fosmoen: Commissioner, you're right. The issue of condominium development on site has not been before the Planning Board. Mr. Plummer: All right. This here is misleading is what I'm saying because of the fact that it speaks in violation to that which he just read from. Mr. Fosmoen: No. Mr. Plummer: Okay, tell me where it doesn't. Mr. Fosmoen: What you read from says that this development has been before the Planning Board and they recommended the development order, that's what you read. Mr. Reid is sug- gesting that any variance or change or -request for variance from the Zoning Ordinance will go before the Zoning Board and they will automatically be brought here with no appeal necessary. Mr. Plummer: Well, you know, where I have that problem, Dick, is they have the right today under C-3 zoning to build condos or offices and there is no control by the Planning or by this Commission under the C-3 classification. Mr. Fosmoen: That's correct, Commissioner, Mr. Gould is absolutely correct, he can go to three office buildings, street to street line, 30 stories high and probably not have to come before this Commission for any variances or any amendments to the Zoning Ordinance. Mr. Plummer: That scares me. Mr. Fosmoen: But while that is a fact, what Mr. Gould has indicated is he is trying to put together a development 125 MAR 17 1981 that will better utilize those properties and in order to do that, he has to first go through a development order and second he will have to come back before this Commission for any variances and he has stipulated and we're stipulating in the development order that any variances will come to this Commission for final approval and that the development order if passed, if you pass it today, would not require you to approve future variances. uayor Ferre: All rir-Jit, Mr. Gould, is there anything else you want to say? Mr. No, i just want to refer to this thing so that you,, understand. The deveic.%mer,t ordel. ,:rice5s is spe�i.fiEd the State Statutes:. It also speci- ieS what vul' 1"E tiZ�!,15ibllltle are, what tale F,#,clona ! Pianninc, Council's :-es;)onsibil.ities and what the local community's responsibilities are. Wd the ability to make the revision to the rc,lacing of Lhe condominium, that is the small office building with a condominium because the Statute speci- fically says that a decrease in the regional 1-i)act of the development to be considered is not a substantial deviation. N.ayor Ferre: Okay. Well, (�f course, that has no bearing With us, Mr. Gould. 'that s :; `aer boar_--- is goinc, to have to decide, whether or not y raf?? Iias -cc be reheard or not, that is n ::y tlil!, Comiras- S..UIl iS St3C` 1L. : Frrc. 17i11 right, anythlll,- else, Mr. Could? Well, do you want us to ask -,uestions of Mr. Gould now or later? I'i1 t(11 yc:u, do you want to do it that way: -...,,,_I ;on't _art?, V 11 abide ty the ruling of the chair. :'i •-� t(: I"�_•: Gc- all-.ciau, I thin}: that :'light oe, since, Mr. Gould, why don't y, t.hcrc: s .,ce _,,.n;s are all fresh in our minds now why don't we go oo the ot:ch the piccess of asking Gould questions and then lis',en to the other.... N! F1 : All right. I'll the question first of Mr. Reid and then ask N,r for his orinion. Mr. Reid, I am concerned that the possibility ,cuid, as he has every right to do might sell his vested interest in th:s rnject. hypothetically let's go along those lines. What does this Com- mi,,.sion retain withil, its authority to assure ourselves and the community, of ccurse, that those people which he were proposing to sell to are substant- ial to the point that they can do what he has promised. Mr. Reia: Well, there is a clause in the development order indicating that t.hc conditions of the order run with the land. �r. Plummer: No, I'm talking about ownership. I'm talking about individuals or corporations. Mr. Fosmoer.: If Mr. Gould chooses tomorrow, if the development order is adopted, to sell the property, there is no control that the City Commission has over the sale of that property. Mayor Ferre: I see Plummer's qu_.stion, but there is a very fundamental philo- SopF,ical point. The conditions that .o're talking about deal with the prop- erty and not with Mr. Gould because M. . Gould is here and gone tomorrow and could be gone tomorrow and those conditions, I mean for all intents and purposes I dc.n't know whether Mr. Gould is really representing himself or somebody else in this whole process. What we're doing is we're dealing with the land and I think that is part of the traditional problem of Miami in my opinion is that we're always talking about who and not what and I think what we need to talk about is what - what is being done here and not who is actually doing it. Mr. :31ummer: Well, Mr. Mayor, I think both of them tie together. You know M.r. c;ould comes here with excellent credentials as far as being able to put projects together. Now, my concern is that if this ownership or development orders were transferred...... rir. Could: J. L., let me give you a small illustration. All right? During the :ast four months I have enter into negotiations with Olympia -York, the largest developer in the world. We have entered into a joint venture 126 MAR S9Ai_�._a...��.._r�. The joint venture affects both the secDnd phase and the adjacent land which is under construction on Tract D and also the development of blocks 2, 3 and 4. Along with myself Olympia -York has more than 4-billion dollars and so the joint venture htat we're pro- pos-.ng, if something happens to me Olympia -York will still be there, my estate..... Mr. Plummer: Are they here represented this evening? Mr. Gould: They are not present, I represent the joint venture, I am the managing venture. Mr. Plummer: Okay, all right. Mr. Reid: Commissioner Plummer, on that point, condition 26, paragraph d of the development order reads, "The development order constitutes '.a- land devdlopiaent-regulation- applicable to the property that the conditions r_on- ta.ned in this development order shall run with the land and bind all suc- ceL-sors and interests." Mr. Plummer: well, read on because I think the reading on is more interest- in(- . Mr. Reid: "...it being understood that recording of notice shall not r_onsti- tuze a lien, cloud or encumbrance on real property, nor actual constructive no=ice of any of the same." The point is that, of course, the Attorney can comment on this but the conditions in the development order do run with the la -id. Mr. Plummer: Okay, Mr. Reid, Item 14 b. And is Mr. Vidal still here? All right, is anyone from the Department of Transportation, State of Flor- ida here? Mr. Reid, define the word commit as it relates in 14 b. Mr. Reid: In terms of the point ..... Mr. Plummer: Yes. It says that that commits his department. To me commit- ments means that's it, there ain't no backing out. Mi. Reid: We have a letter.... Mr. Plummer: Especially when it is on the City's side. Mr. Reid: .....in response on this issue from the District Engineer, John Goodknight that specifies three things with respect to the timing of transportation improvements in terms of the DuPont Plaza and Mr. Gould I think can state for the record that the State has moneys budgeted to design these roadways. This is in the State budget and they are in the process now of com- m_tting that money. And it is alleged to us, Mr. Goodknight has said (1) that the contract will be let by August of this year so they expect to be under contract, the gentlemen were in the audience... August of tiis year. (2) that the Study will be completed within 18 months after the contract was let. Mx. Plummer: No, sir, it says here 12. Px. Reid: Well, when we wrote this we had asked the Secretary, this is the same condition that is in the Southeast order. We wrote to Secretary Rose and Goodknight had replied back and I'm stating on the record that they were Milling to commit that the total contract would be entered into by August, that the design would be completed in 18 months and the right-of-way acquisi- tion assuming our conditions affect acquisition within the development order it would take a year. This allows that whole process to be completed in Feb- ruary of 1983. In March of 1983 they are expecting under the current design and timetables the Miami Avenue Bridge to be open so that those two important connectors into downtown Miami, the Miami Avenue Bridge, if we can get funding either from the State or guarantee it ourselves so it is available in March of 1983 there is no reason why the Gould building for this project cannot go might from right-of-way acquisition in February to actual construction in March. Mr. Plummer: Item 12 b, resolve the remaining pedestrian system issue of con- rtruction and the biggie - ownership. I am concerned about the word ownership. Mr. Fosmoen: What is your concern? 127 MAR 17 1981 Mr. Plummer: My concern is who owns it? Mr. Fosmoen: We're committing to resolve that question. Mr. Plummer: No, not after the fact. Mayor Ferre: Ts this the sane wording you uses] in Southeast? Mr. Fosmoen: An<i it. decision, Commissioner, )u 're nog anytnina away Mr. "'lu'^.Zmer: After we 81)_,rc•. r. the order? Mr. :-osmotn: Yes. Mayor Ferre: That's right because it i5 one c: thy. c:or;ditior.s. See, that is the whole point that I think so many people are missing on this. It is the same_ thinU as we did with Southeast. These are C •.'.unions that the,' have got to accept `:r them to get the development order. And with regards to 12 G, isn't that the same wording that was used with Southeast? Mr. Reid-, That's correct. Mayor Ferre: :is it ide!,t1cd1 Mr. Fosmoen: 1 . Mr. w(I !-,lVe done, there are two things it should be a 1 ,,iblicly owned promenade system and cone _-ther _;rtd cns of the order. But this allows the wish to accept the alternative method of financing sucaeste,� i . Mr. scald t ; co it but our basic, I guess fundamental position O:1 ;J'•i"QYSI,'.T '., `.hat ublicl,, Gwned..... !�� = ;: ;,... „? ; i i '•: c:;;: _ <...,: sin, the air right ownership with the Fosr o:%f n: 1 ` you' YE s_=euking to the ruStor that was around for a while that :'ice-. i3OU lf: �+'S� '1:. I -a: Owiif'r.>,'.i j:•. . That's not a rumor, I had a letter to that effect. Mr. Fosmoen: If you're speaking to the letter from Mr. Gould that he was claiming ownership I believe you are confusing the issues. Mr. Plummer: Has that matter been resolved? M:-. Fosmoen: Yes..... m.r. Carollo: You know, Ted, you really should hire Fosmoen to represent you instead of some of the other people you have, he seems to do a much better j,)b putting your side of the story out. Mr. Fosmu:_n: Mr. Gould c:in speak for himself on whether or not he has retracted that letter. Mr. Plummer: Mr. Gould? !ir. Gould: My position is ti:at when we wrote that letter it was for the pur- poses of demonstrating to you that there were several alternative ways of pro- viding the funding for the second level pedestrian plaza. I don't care whether -:he City owns it or we own it, I simply want you to make the decision of who ow:,s it, who pays far it and how it is paid for. sir. Reid: Commissioner Plummer, there is a sentence in the statement that was sigr.Cd by sr. Nestor and Mr. Aurell that reads, "The upper level pedestrian plaza will be publicly owned and any rights and air space above the City streets which may be vested in the existing property owners is hereby granted to the City of Miami for the purpose of developing a pedestrian promenade. That is signed by representives of Mr. Gould. Rev. Gibson: Would he sign it? Mayor Ferre: Yes. Mr. Gould: In the event the City Co i slon says ............. MAR 7 1981 '.2V i Mayor Ferre: Mr. Gould, would you sign that so we can get this thing over with? Mr. Gould: Definitely. No question about it. Mayer Ferre: Okay, before the end of the evening sign it, would you? And present it to the Commission so we don't have any ..... Rev. Gibson: J. L., you.... Mr. Plummer: I'm not finished. Rev. Gibson: All right, go ahead. Mr. Plummer: Item 11 b - you're not going to give him a building permit until such time as the Planning and Public Works, South Florida Regional Planning Council review and comment, why not the Commission? It would be a lot easier. This is 11 b on the City's side. Mr. Reid: The request for a .... This issue deals with the pedestrian plaza anc the agreement by Mr. Gould and other portions of the development order st:pulate that the pedestrian plaza will be brought to the City Commission. The City Commission has the final authority on the pedestrian plaza. This simply says what the Commission said in its resolution of February 26th that yo•a were going to refer to that organization for comment. This simply carries ou•_ the City Commission's resolution of February 26th. But the decision power for the pedestrian plaza rests with the City Commission. Mr. Plummer: Mr. Reid, at this point my final question is to page 1. I am concerned in your chart that in reference to the office tower, the residential an.i I'm not really concerned about the parking, that it is not clearly defined as to what is cross leasable area. INAUDIBLE Mx. Plummer: I understand that, that comes under the gross building area and those numbers are defined. The gross leasable area is not defined in reference tc the office tower and the residential. Why is that not spelled out? M:. Reid: I don't really have an answer for you, Commissioner Plummer, it was frlt that there was sufficient control on the bulk. The amount of r,.taii really relates to the level of activity which is generated primarily ir. terms of outside visitations and I think that we wanted to limit that in t'-,e order. The residential and the office primarily relate to the exterior hills of the building so that would show ...... R•aally, I think the key control is the gross building area and the FAR with r,:spect to the bulk of the building. Mr. Plummer: What is the FAR on Southeast? Kr. Reid: The FAR on Southeast I believe is 12.75. Nx. Plummer: 12.75? Mr. Reid: That is correct. P`r. Plummer: Bob, you're disagreeing with that? :NAUDIBLE i'.r. Reid: The development of the 2.4 acre site is limited to a floor area �:atio of 12.75. -.:r. Plummer: All right. Mr. Vice -Mayor, at this point I have concluded all of my questions of Mr. Gould. Lacasa, do you have any questions of Mr. Gould? Rev. Gibson: I have two concerns and I raised this before and I just don't Set no answer nor get any results. I do not understand why if all the other .3eople must bring us a model that we could somewhat hold the developer to now come and why not now? That's (1). Maybe I am a slow learner, those pic- :ures that you showed me, I'm not so sure I always understand that but I could :ell you if you gave me a model I could pretty much live with the model because every time you make a move after that I'll say, let's see how does that com- pare with this that you gave me. Now, that is a great concern for me as a layman and I am riot as fortunate as the Mayor who studied architecture, I want 129 MAR 17 1981 to admit I'm dumb and I want tn admit I'm a slow slow ]earner.. (2) I read this paper that you gave me end I'm very very concerned, I expressed this before today that you filed an appeal to the South Florida Regional Council's action and then at the same time you talke:l with ;ne Inc: 1 presume to others of t-,s and that was never disclosed. one thing I learned Jn ;ny life to do is to come it, court with clean hands. Now, if you had said to me at the time you talked with me that in order to protect your interest you were going to file these papers I may not have liked it but I cer.tsinly would not be feel- ing the same way now as I felt then. Arid I said to another member of the Com- mission, you see one thing I do, whatever I say in private I can say in pub- lic. I said I felt t:,at yrili put a gun to my head. I believe that when men and women are dealing you deal is faith an(] ?.rust and confidence and belief. Now I don't know all of this jockeyinc; on this pai:.r, , wa,jld think that if you went before, if we went before the Southeast Regional Planning Board witain the last two weeks, I don't think it is much longer t;ian that. Somebody help me. What was the time we were before the7l? 'TM o weeks ago and they give you 45 days. Now, where I went to school two weeks would not be 45 days so I am rather concerned. I wonder wouldn't it have been polite to have come here and discuss it with us and then go if you had to appeal - I know you were protecting your interests, I know how lawyers are having been to law scl.00l for one day. And please, no reflection on you men, you know, having be(sn to law school for une day i know how lawyers are. You know. But I say th:.s, I don't know whether you were counting the day that we approved over ac ;-:s` the d�v that this South Florida Region it Coa:�•�i1 approved, I "nought, at least I was led to ba: ,_:r t: yo'.:r filing was based on the okay that Sc,.theast got so as to protect your interests. I may be wrong, but I have some ,_roblem with those two things. "r C-culd, the original &cheduled date of this hearing Was Y-Irch 12th, not Ls_ ch 17th. I w;,s here c,i Fetlr.;ary ]_Itl,. The scheduled date of this hearing va.; defcrrt?(d until "u3rc1; 12th. "ht- appL—a '.:_ nc t based apPe;;l period that is the decisinn of th,_ South Florida Reg:innal P1;r.nIng ClunciI not to appeal-, it is based upon th•= date on whicL th(- ('it•: Corz-Assion rendered its order. T believe it was Ja-�uar•: 26th, The ap;)eal pc-iod expires on March 12th. If the City Commission hearing had been on M.-r-4h 12th it would not have been necessary to appeal, At the time that you and T spoke, 1 had no intention of having to appeal because it was my understanding that this hearing was going to be on 'March 12 not March 17th, Now, you know, (•,.ont'd) Mr. Gould: the City of Miami has had these traffic probler:s at the Dupont Plaza for a long time, perhaps for as long as any one can remember. I have read articles about tunnels, I have read articles about traffic schemes, come of those things go back to 1930. The City of Miami has never resolved the traffic problem. The first person I met when I came to the City of Iiiami before I considered the acquisition of land was Mr. Hood Bassett. i.t that time, the principal thing that Mr. Hood Bassett told was that the development of Dupont Plaza was restrained because the City had not resolved problems associated with the traffic condition. 1 had to appeal the Order ,:ecause of the Stattue of Limitations. In addition to that, the City Com- rission did not in fact conditioned the variance, that is, the conditional use of variances. It is conceivable that Southeast Financial Center could Nave been built and that the traffic problems instead of being resolved Mould have worsen because now there would be another 1,230,000 sq.ft., an additional thousand parking spaces in the parking garage, and the traffic System would still not have been resolved. I don't want you to think that I'm holding a gun to your head, I didn't, tha►:'b not my way of doing things. 'That I have asked you to do is to resolve the traffic problem. I've been asking for resolution of the damn traffic problem for months now. Perhaps, in fact, since 1979, in July of 1979, we came up with a solution. That solution in fact could not be implemented without the passage of this Development Order. Second issue, and that is as follows. They have been asking me why we have not provided a model instead of drawings in this development process. This development process was done under the specific code of t1hc Florida State Legislature, it concerns of the environmental impact, it doesn't concern design, it doesn't concern style, it concerns circulation, function, massing, intensity, it concerns traffic, water and energy consumption. We .are not at this point at the stage where we are prepared to begin construction and it is not my intention until you have defined urban policy for Downtown Miami. It is not my intention to become involved in the zoning law processes here, the zoning law process. The zoning law process is con- cerned with conditional use variances. We have agreed to this development order and prior to asking for approval of the conditional use variance with respect to height, D3rking and off-street loading, that we will come to the City Commission and that is after Mr. Stubbins has concluded his work, we will come to the Commission with working drawings and the model and we will show it to you and we will enter into a dialogue with you with respect to the design. But if you are asking me to do that now, I am not in a posi- tion to do it now ar.d it is not a part of the development process. Rev. Gibson: But you see I may be wrong, let me make sure my fellow commis- sioners hear what I'm saying, if you had the model, note what happens since you were here before us you have gone to another position of having condos and office buildings. If you had had that model we would not be in the midst of a change, isn't that true? We would have spoken and we would have led you to believe that we were going with the model...I may be wrong, but I did take industrial art and in those days you had to learn a little aobut drawing and certainly had to ::se your hands to make things. (INAUDIBLE BACKGROUND COM- MENT) He says three dimensions are better than two. I agree. So I raised the questions from th,;. very beginning about a model. I said that the ques- tions from the very be,i.nning about a model. I said that, for me, I would be in a more intelligent josition. I want to say again that I was the one guy in this Commission who'.nsisted that these projects be dealt with in a con- cept or a policy eased -,n that general area, and not based on the project that has any bearing on another protect because I knew for being on this Commission any length of time that the fight would be on. I just want you to know how I feel about where I've come from and where I am. Mr. Gould: Fundamental,-, it would be inconceivable in a period of two months to complete the architectutal drawings, do the wind -tunnel tests, What the law sa.�s is that the Regional Planning agency shall identify regional issues based upon the following criteria, make recommendations to the local government based on regional issues and specifically considering whether, - one, t:.e development will have a favorable or unfavorable impact on the en- vironment and the natural resources of the region; two, the development will have a favorable or unfavorable effect on the economy; and three, the de- velopment will efficiently use or unduly burden water, sewers, bolid waste disposal or other necessary public facilities; four, the development will sufficiently use or unduly burden public transportation. There are a series of ott.er issues that uo not deal with des-gr. or style except to the extent that they involve circulation and we cannot respond to your request until you turn arcs:.: and you either adopt, reject or formulate an urban policy. Mayor Ferre: Mr. Gould, before we continue, I want to reiterate like I did an hour ago, that I don't think we'll be getting to the Marina hearing at 8:30 P.M. and I don't think we'll be getting to the zoning agenda until 9:00 P.M. I think -if the rest of the Commission would agree with me- a lot of people have been waiting all afternoon here for iteu, A. How many people are here on item A? Can we put that off until the April meeting? Does anybody have any objections then these people can go home. AFTER BRIEF COMMENTS BETWEFN MEMBERS OF THE PUBI..IC AND MAYOR FERRE, IT WAS AGREED THAT ITEIX A WOULD BE DEFERRED UNTIL THE APRIL MEETING. AT THIS POINT, CONSIDERATION OF DEVELOPMENT ORDER FOR MIAMI CENTER II, DUPONT PLAZA, WAS MOMENTARILY DEFERRED. (See label 64 for continued discussion). 63. CONTINUED FUNDING FOR ONE ADDITIONAL MONTH: (for NEW WASHI;;GTO,� HEIGHTS ECONOMIC DEVELOPMENT PROGMI) .Mayor Ferre: Item B, continued funding for New Washington Heights Economic Development Conference, Jackie, you better stay for that, I guess, or is that something that we can take care of quickly? Mr. Fosmoen: We can do it immediately. Mayor Ferre: Because, I mean, we've got all these people sitting here waiting, can we vote on that right away? Mr. Fosmoen: We can extend their funding to the next Commission meeting. Mayor Ferre: I'll tell you, can we take that out of. sequence? Mr. Plummer: No, yoa've got somebody here who is going to raise hell about it. Mayor Ferre: Is soeebody opposed to that? (INAUDIBLE COMMENT)..to funding for another month. (INAUDIBLE COMMENT). Again, is there anybody here opposed to the funding of Washington Heights for one more month? Carollo moves, Plummer seconds, funding for one more month, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION No. 81-212 A MOTION DIRECTING THF. 'ITY MANAGER TO CONTINUE FUNDING OF THE NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPMENT CONFERENCE FOR AN ADDITIONAL MONTH AT THE SAME LEVEL OF FUNDING AS THEY HAD BEEN PREVIOUSLY FUNDED. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice Mayor (REv.) T. R. Gibson Mayor Muarice A. Ferre NOES: None. ABSENT: Commissioner Armando Lacasa 132 MAR 17 1981 f i AT THIS POINT ITD! "F" WAS WITiiDFAWN . ---------------------------------------- 64. CONTI,;L`ED DISCUSSION (from label 51) : �:"VELOP:1= ORDER FOR NIAMI CE1:TER II-DIIPOIdT PLAZA (ultimately continued to a future Tr.: eting) . Mayor Ferre: All right, let's go back to item 50. Now, before we get to the open public, I want to see if Southeast and their lawyers -Mr. Traurig, whether you or Mr. Colson or anybody on behaii of Southeast or Hines would like to say something at this function with regards to Gould's D.O. (BACKGROUND RESPONSE NOT PLACED INTO THE PUBLIC RECORD) Well, okay, you've got that prerogative. Okay, now, here we go over to Mr. Dan Paul. Mr. Dan Paul. ivr. `.'ayo: , members of the City Commission, my name is Dan Paul, 1300 S.W. First National Bank Building, Miami, Florida, I represent the Dupont Plaza Hotel. 1 think that to grant this Development Order toda,-1,ould be prema : a-,-e and _ Lflinn t:.at Fa.her Gibson was 100% that even though you are dealing with ,problems oi; circulation and massing and density you can tell a Rreat deal more if you nave a model from which you can judge those questions. You had a moael when So�itheast was here, it was exactly the sane process and a log of things came out in that model which none of us realized before. In fa,_t the whole question of pedestrian circulation system in the mall with its problems came. out from the model. I disagree strongly that you have any control whatso,_-ver over the desiK:ns it you issue the Development Order tonig1lt.. You Will r:C-ti, ,_ ..flat ir, the Development Oracr the only thing that's required about thu mo:.el i:s that it will be preapred and presented, there is no requirement on the Development Order on rage 1 of any approval at all. if there arc any F u',,stant gal changes in the project as represented by the model they would have to come back before the Commission but there is no requirement for -My approval of the model. Secondly, none of these dia- grams and schemes which you have seen here tonight are incorporated in your Development Order. I ask you to turn to page 4 of your Development Order -they are not numbered- and look at it, and you will see that what you see in here is the old plan, you don't see any condominium tower. I can't even imagine the City Attorney approving, from a legal point of view, a Development Order that is in as bad a shape as this one is, produced at the last minute, and full of errors and contradictions. I just give you one example,... Mr. Carollo: I can imagine, Dan, I can imagine..(LAUGHTER). Mr. Paul: The insertion in paragraph 13 says specifically including a 10 foot dedication along north right of way lying along S.E. 4th St. and Biscayne Boulevard way between S.E. 2nd Avenue and S.E. 3rd Avenue. You've been told already by the Department of Transportation that that is totally worthless unless it's for two blocks unless you want to have a zig zag in the ramp, which obviously could be done. Further, on the very next page and look at condi;.fon 8, on page 1, states the rule for that parti- cular lane on Biscayne West, which obviously affects the Dupont Plaza, it's a total conflict. The hc.;r is 'Late, but I'm going through this Development Order and there are any number of places that this whole Order needs to be examined and re -written. This is probably the most important action that this City Commission may ever take in its entire history and you talk about at 8:00 o'clock at night on something put together with paste and scissors in the haste of afternoon which no member of the public has really had a chance to examine, in fact, there weren't even enough copies to pass out to most of the members, nobody could possibly react to it that quickly. Let me tell you what Dupont Plaza specific points of view are which are not incorporated in this Development Order, and that we feel should be in- corporated. In the first place, the whole problem exists with this parti- cular problem because everybody else, including Southeast, has been building at ground level so that the project could have some human dimension and would relate to pedestrian traffic. The project proposed by Mr. Gould is proposed to be built at 28 feet of elevation. As a result, from the Dupont 133 MAR 2 7 1981 Plaza'a point of view, we obviously are going to have to add pedestrian bridges to connect. We should not be required to pay for those pedestrian bridges. The Development Order only provides for one and requires us to pay for it. Secondly, it does not provide for any pedestrian access to the bridge that the City is proposing to pay 506 of to the Convention Center, that's the second item that needs to be incorporated. Thirdly, the old question of Biscayne way or Southeast 4th St., whichever you want to call it, needs to be cleared up so that it is clear in the Development Order that at least three -clear traffic lanes are maintained in Biscayne Way in addition to the existing loading lane. The question that was just touched on briefly by the D.O.T. people which is obviously not guaranteed at the moment, concerns not only the Dupont Plaza hotel but a great number of other people and concerning the whole plan for Brickell Avenue. I don't know if this City Commission realizes that if this Development Order were carried through the people travelling on I-95, from the south, would not be able to get off at ground level at southeast Second Avenue and proceed to the north and to Brickell, or they would not be able to proceed to south east 4th St. and Biscayne Terrace Hotel. Obviously, that has got to be studied, it has got to be defined, the Hotel could not possibly live with it, I don't think that the buildings that are going up on the north end of Brickell could possibly live with that kind of street pattern system. The access that is already in, hasn't been thought out from the point of view of whether the ramp ought to extend over 3rd Avenue or whether the ramp ought to stop short of 3rd Avenue, from the point of view of providing ac- cess not only to the Dupont Plaza Hotel but access to SouthEast garage. If the ramp has to extend over 3rd Avenue from I-95 there will be no access to Southeast's garage. If it is carried back that would compound the problem maybe by that time people travelling from I-95 from the north will not be able to get off in the Dupont Plaza, at ground level, on S.E. 2nd Avenue. These are problems that clearly need to be resolved and incorporated and carefully thought out and spelled out. The Dupont Plaza Hotel is perfectly willing to cooperate with Mr. Gould, but even Mr. Gould didn't see this Development Order. I was given one by Mr. Gould's attorneys yesterday that was totally different from the one that is now being presented here and I think to proceed in haste and repent in leisure is the surest way to destroy the heart of the City of Miami. It's something that needs to be carefully done and carefully thought out in every step and all I'm saying in order to save time if there appears to be any intent on the part of the Commission I have the language that I think needs to be included in this Development Order from the point of view of guaranteeing access to the Dupont Plaza Hotel both ingress and egress. Mayor Ferre: Would you read that into the record? Mr. Paul: I'll be happy to read it into the record. I think that the De- velopment Order incorporates the following: "The Development Order shall not be effective until plans and funding are provided for the following: Pedestrian access from the lobby level of the Dupont Plaza Hotel to the pedestrian Plaza via a pedestrian bridge and to the Convention Center via the bridge from the developer's garage. 2)That at least three clear traffic lanes are maintained on Biscayne Way in addition to the existing load- ing lane. 3) There must be ground level access from both I-95 North and I-95 South and S.E. 2nd Avenue, at ground level, so that a right turn may be made to continue on S.E. 2nd Ave. to Biscayne Way and to Brickell Avenue. 4) access from Biscayne Plaza Hotel and garage exits must be provided to S.E. 3rd Avenue. Lastly, I think you ought to include a provision that the Development Order is not assignable so that we know with whom we are dealing from the point of view of all of these financial commitments which are being made." Again, however,.... Again, however,..... Mayor Ferre: You mean not assignable without the City Commission's con- currence. Mr. Paul: I would certainly think so, yes. That's not in the Development Order at this point. Mr. Plummer: Well, isn't that what I just brought out? Mr. Paul: Pardon? There is nothing in here that is brought in that's.... some other developer might have quoted different ideas for Mr. Gould, for 134 MAR 17 1981. 1 0 L1 tAing over his project and completing it in an entirely di:ferent way. Rcv. Gibson: Yes, sir, but to concur with your thought when Commissioner P:_ummer mentioned that, it was said that this Development Order was based oa the land. Remember that? And not based upon the individual.... M:. Plummer; No, no, no, Father, that's what Mr. Reid said. Ray. Gibson: No, nc, I'm saying that was the argument they were posing to w'.hat you were asking. Plummer: I'm going co incorporate that in but Mr. Reid disagreed with it. 1,.. Paul: Well, the problem there, as far as trzc ],and goes, I think you can flake it a covenant running with the land, but that's not going to solve your Froblem as to who is going to provide the funding. It's an easy out if it's Fssigned to somebody who doesn't have the funlino and they come down here tnd they tell you that they are very sorry but they don't have the money to tuy the bonds. 2:ayor Terre: Is that legal? Can we in a Development Order put in a proviso -.hat the ownership cannot be moved without them coming back to the City for -3ermission. Ir. Paul: I don't know a reason. why you can't put that in. Mayor Ferre: is that legal? Ir. Paul; As long as you are doing it in the process, before your vote is adopted, vcu certainly can's do it after the fact. Ilayor Ferre: Because that is a very key point, Mr. Gould, do you have any objection.a to that? ( INAUDIBLE STATL.111i NT, NOT PLACED INTO THE PUBLIC RECORD) Mr. Carolio: 1,11r. Couid, i can't hear you, would you cone up and put that into the public record, please? Mr. Gould: I have no problems with the concept that we will incorporate into the Development Order a provision that says that the ownership of the land not be transferred without the Commission first making a review of the Development Order, a new review of the Development Order. Mr. Plummer: That, Mr. Gould, is not acceptable to me. Mr. Gould: What do you want? Mr. Plummer: k'hat I want is the Development Order as well as the land. That is what I brought out before, Mr. Gould, the land is not going anywhere. Mr. Gould: I'm not talking about that, I'm saying is that the Development Order is applicable to the land. If you don't own the land, you can't build the =provements on it. Mr. Plummer: That's what I contended when you sent me the letter that you owned the air rights, now you are going to get yourself. Mr. Gould: No, what I'm sayinjt is that you could not without condemnation of my property allow Southeast build on my property, okay? because I have title to it, that's what I'm saying. Now, one of the things that Mr. Fosmoen tried to do with the developer was to resolve the air rights issue for you. Mr. Plummer: I understand that. Mr. Gould: What I'm saying now is that I am prepared to accept as part of the Development Order a provision that states in effect that if ownership of the property is transferred that the City Commission will have the right to review the Development Order again. Mr. Plummer: Review and reject. 135 MAR 17 1981 Mayor Ferre: Sure. Rev. Gibson: That the ownership of the property....I didn't get that word... 'transferable'. Mr. Gould: Transferable, sold, this property is presently in my name and the St. Joe Paper Go. and will be in the name of Miami Center joint venture. I own ever SOk of Miami Center joint Venture, I assume that that's satisfactory. Mr. Plummer: Mr. Gould, and I'm sorry for being ignorant, you deal in this every day, okay?, but I've got to have answers. You own the property but you lease the property on a 99 year lease. Mr. Gould: I have leased the property on a 99-year lease and I'm ready to give you....to enter into an agreement that any condition that I agree to, the lessee will agree to as well, that they wiii go along with, they will pass with the lease itself. If I lease the property for 99 years.... Mayor Ferre: Well, okay, but I see what Plummer is saying, that if indeed you have a lease, not only you but the lessee and the lessor both will concur and secondly. that it is part and parcel of, so that, in other words, if you decide to sell yo-.:z- lease agreement then that would also be subject to the same con- ditions as if you were selling the land. Mr. Plum -me,- 3u, also kc reserve the right to reject the transfer of the lease. That's the key. Mayor Ferre: That's what he said. Mr. Gould: Now, I'd like to say sommething with regard to Mr. Paul's sugges- tion of amending the development Order. There happens to be nothing I can do regarding the suggestion that he has made. The only thing that I can do is agy ec to buy a sufficient amount of land so that the roadway is widened. I cannot. tell the. Transportation... -although Mr. Paul sometimes would like me to do it- so, if the State Transportation Department, or the County Transporta- tion Department, what the final design of the street system or the bifurcated ramp system will be, it is a public function. The County and the State decide those conditions and I don't see how you can make those conditions fundamentally the responsibility of the County and the State a part of this Development Order because I am simply not in a position to satisfy them. If, the State and the County say no, that's it. Mayor Ferre: I understand, but on the other hand, Mr. Gould, we could also condition our D.O. on the proper solution of that problem. Mr. Paul: That's all we ask for we are not asking to shift that burden to Mr. Gould at all, all we are saying is that the Development Order shouldn't be effective until those other things have been accomplished, otherwise, we'll be totally walled in. Mayor Ferre: Yes, I think that the reasonable request is, Mr. Gould, that, yes we can't order the State to do that, but on the other hand, I think we could condition the D.O. based on the proper resolution of this problem. Mr. Gould: The problem associated with doing that is that if the State and the County do not in fact develop a system that satisfies Mr. Ball, then we don't have comfort with and the City does not have a resolution of the traffic problem of Downtown Miami, it's &s simple as that. Mayor Ferre: As I understand it, what he is saying is, you see, that part and parcel of solving the transportation problem of Downtown Miami and the Dupont Plaza is concurrently the funding of all these designs and the payment of a certain portion of them whic amounts to literally millions of dollars, now there is a certain portion that is going to be paid for by Southeast, and a certain portion -the greater part- that is going to be paid for by Gould. Obviously, if he doesn't agree to pay for it, then either Southeast is going to have to pay for it -which I doubt- or the State has to pay for it. Mr. Plummer: No, no, that's not true, there is a provision in there that we have to pay for it. That has been my concern from day one because we don't have the money. You are talking, as I recall, about from $12,000,000 to $15,000,000, is that correct? And I want to tell you something, this boy is not picking up that tab. 136 MAR 17 1981 Ok 6 Mayor Ferre: We've already... you've already voted to do that. Mr. Plummer: I told you, I fought that before and I lost. Hayor Ferre: But, I mean, when we voted .... when we voted for Southeast, you know, the only one who did not vote for Southeast was Carollo, the rest of -is ... Gibson, you weren't here, I don't think, was Gibson here" (INAUDIBLE .tESPONSE)..yes, that's right you were, the other four of us voted for it, we've already voted on that. Mr. Plummer: I understand, but what I'm saying is that what is trying to be built in now is what I couldn't do before. Mayor Ferre: Well, aren't you saying that you are applying different standards, is that it? Mr. Plummer: No, not applying different standards, I'm applying standards that as far as the $12,000,000 to $15,000,000 is concerned, to try to protect the City. Mayor Ferre: The question is if Gould doesn't get his Order and therefore he doesn't proceed with the financing for the transportation program —are we at this stage of the game stuck with paying that $14,000,000 or $15,000,000? I don't think so. Mr. Carollo: It certainly seems that way, Mr. Mayor. Mr. Plummer: That's the point I'm trying to bring out, Mr. Reid, do you want to clarify that? Mr. James Reid: The Development Order assumes, number one, that the money would be available from the State and..... Mayor Ferre: And what if they are not? Mr. Reid: If the monies are not available from the State, then it assumes that by September 30, 1982 that a Public Sector Financing Packet be developed. It presumably would include both City and County participation and that the applicants -Gould and Southeast- would agree to loan money to the City and the County, presumably for the construction of the Road improvements. Mayor Ferre: The question is what if Gould says 'no', I didn't get my D.O., and I... you know, now who picks up the tab? Mr. Reid: That's his basic point that.... Mayor Ferre: I understand what his point is, I'm asking for an answer. Mr. Reid: If his D.O. is not granted then we have no mechanism for borrowing the money to build the bifurcated system. Mayor Ferre: So, in other words, what he is saying is basically right, in other words, and this is what eventually Southeast is going to have to answer that question because that becomes a very crucial question in all of this. Gould is saying that unless he moves along, you are not going to move. Now, is that so or isn't that so? Mr. Gould: The entire traffic and parking system is based on the property we own and control and without the passage of this Development Order, I have to appeal Southeast Development Order. Southeast will not be able to go to construction because you have not resolved the traffic system to satisfy the traffic conditions that are being raised by Southeast, the adverse environmental impact created by Southeast. A lot of what's been said here has been put on a personal basis. Southeast can go ahead with construction, I am not against Southeast's construction of their building, but I do want something that Mr. Basset has said that he wanted as well, and that is I want resolution of the traffic problem. We are prepared to fund resolution of the traffic problem if the State doesn't have the funds to do it. Our Order has to be passed, otherwise, all the surrounding properties will be adversely affected by any development that occurs in the 4-block area. It's a necessary condition of development of the 4-block area that the bifurcated ramp system be developed and that the parking garage which is inherent to that system be developed as well. 137 MAR 17 1981 f Mr. Plummer: But you have indicated that you are going to withdraw that appeal tomorrow. Mr. Gould: If you pass this Development Order and you also pass variances, the conditional use variances, as they've been written by the Planning Department for Southeast, specifying fundamental-1-: that Southeast will ad- here to the Resolution that has previously been passed and also to the de- cisions that you made with respect to the work done by Stubbins and the Blue Ribbon Committee, I will withdraw the appeal tomorrow. i-r. Carollo: Theodore, you told our Theodore here that you weren't holding e gun to anybody's head, buy my God, I don't think you are holding a water pistol either. I personally don't like the idea, maybe other people might be used to it or will. bow �=o it for whatever their personal masons but I personally don't like the idea of anyone coming here and telling me that 11 we don't do this, this or this, well, they are going to do this, this and that. Mr. Gould: Joe, we are in a regulatory process that concerns the environ- ment. Xr. Carollo: The other point is, if I may finish what I was saying, that you know, bothers rye considerably, a member of this Commission expressed his concern t'r, t.� L* -iot ;Ee a model so that he could judge better what was jeinr, offered. I happen to agree with him, I would like to see one. Now, whether you feel. that you should bring one or not, if any members of this Co:.,mission, especially if you get a majority, would liek to see one, I would sucgest Vou bring one, because the bottom line is that it is us, at least three me-nlers- of this Commission, that are going to approve this or dis- approve. this. It is not going to be Mr. Fosmoen, or our City Attorney, or the Pia;,ning Foard, cr ar.yone else, it's going to depend on this Commission; and, vc�u kn,:k, I never thoc,ght that this would reach this point where we are s'ettin,u, these threats back and forth and that's the only way that I can describe it. Mr. Gould: Let me respond to you. First of all, it's not a threat. If you wish to object..what you have done is exasperate the traffic condition of Dupont Plaza. I have only one mechanism open to me under those conditions and that is to appeal your Order. There are no other mechanisms available to me in an administrative process. It isn't a threat. Mayor Ferre: ...Talk into the mike. Mr. Gould: It is not a threat, okay?, it is an administrative process, it cannot deny an administrative process, the State of Florida Legislature, 1 have to insure. Now, as far as the model is concerned, we have agreed, we are prepared to agree with the process in the Development Order that's related to your zoning process, to your Zoning laws. We've agreed that we will bring a model prior to requesting approval of the conditional use variances that would be relating to height and parking. If you ask me to build the model today, I would have to say to you -what is your decision with respect to the resolution that you passed on February llth employing a Blue Ribbon Advisory panel and an executive architect as to define the design parameters that related to the second level pedestrian plaza? When you make that decision, then we'll go back and we'll do the working drawings, we'll prepare a working mocel for you. The public agency has the responsi- bility to define the urban policy, the land use, and I cannot allow South- east since we control those two western blocks. Mr. Carollo: See, Mr. Gould, the reason that some members of this Com- mission want to see that model from the start is that you have been changing your plans, sir, so quickly that we don't know what's going to end up going up there. Mr. Gould: Well, as a matter of fact, Mr. Carollo, the aspects of the environ- mental process which pertain to our plan, this plan has been the same since July of 1979 in terms of the process that you are presently considering. On page 1 and on page 2,.... Mr. Carollo: Well, I'm not going to start getting into a lot of the tech- nical areas that you are talking about now. If you are telling me that there 138 MAP, 17 1981 f F haven't been some major changeFI, you know, when you are talking about changing from an office building to condominiums or vice versa, you are talking about some major changes that are going to affect things in many cifferent ways, sir. "ir. Gould: The change from an office building to a condominium lessens the adverse environmental impact associated with the program. As Mr. Reid ias indicated introducing as an illustration the vehicular movements that is :he vehicular traffic in A.M. and P.M. hours by 80%. Ar. Carollo: Well, that's your opinion, sir, what's ifa lot of the people that work in the office buildings there would have units next to you. `ir. Gould: Mr. Carollo, you know, that's not my opinion, I didn't write the memorandum, it was prepared by an engineering consultant, traffic consultant, who the City this morning employed to do another study on a different subject. It was prepared by B. Nachman. I didn't go to B. Nachman and tell them that the lessening of the adverse environmental impact was 80%. That is incor- porated into a memorandum, and it's incorporated in a memorandum that's attached to this Order. Mr. Carollo: Well, Mr. Gould, unless there is any other member of this Commmission that has any more questions for you, I've come to a conclusion for today, and I'm ready to vote. Gentlemen. Mayor Ferre: The Chair will not accept any motions at this time. Mr. Plummer: Well, Mr. Mayor, let me indicate for the record, because un- less ... I want it clear with Mr. Gould because I obviously misunderstood. It was ry understanding that Mr. Gould was going to withdraw the appeal. And I just want to state for the record, I am not voting on that Development Order until that appeal is withdrawn. Now, I want to say that.... Mayor Ferre: You can't ask a man.... Mr. Plummer: Look, Mr.Mayor.... Mayor Ferre: you can't ask the man, J.L., to...Ithink..look, if you want to vote against it, that's fine, you are entitled to that.... Mr. Plummer: Mr. Mayor.... Mayor Ferre: Please forgive me for finishing this sentence, but you cannot logically and honorably ask a man to give up something which is an obvious leverage instrument on his part, it's just illogical. Mr. Plummer: Mr. Mayor, let me tell you something, I appreciate you trying to put words in my mouth. But let me tell you what in effect has been done.... Mayor Ferre: No, no, I'm speaking for myself, Plummer, I'm speaking for myself. Mr. Plummer: Let me tell you what in effect .... Mr. Gould has, in effect, placed himself in authority over this Commission. This Commission approved the D.O. for Southeast. Mr. Gould has taken it upon himself to appeal the ruling of this Commission. Mayor Ferre: It's his legal right to protect himself, and if you were in his shoes, or if Southeast were in reverse, I guarantee you that's exactly what Bill Colson and BoL would have been recommending. Come on.... Mr. Plummer: Hey, look, ',,ok. Let me tell you something. I'm telling you that as far as I'm concern.:!, this Commission is at all times going to remain in the driver's seat. Mr. Carollo: I had hoped, J.L., we never had left it. Mayor Ferre: Ernie, I'm sorry, the next affected people. I gave Mr. Paul the opportunity. Do you want to speak now at this point? And then I'll open it up to members of the.... Mr. Wi131am Colson: Merzbers of r:Jt-, t:O lI"iiSSiO.'., riiv sille for -,-he record is Bii.l Colson of Colson -Hicks. :'r the attorney for Southeast ;:nd I'm here wi'.h Mr. Pob Trauri.g who is +_l tt.torney for Gerald Hines. We have very ca-efully considered wh-i we .!i]'L, say at this point. ;i_nl 1 know that it pr ,bably would be to the advar.taye, per p> self i ;:"l j i;. we would wh- Because we're very aware that our o?iZc:_ matte, i.s up for ... tonight anfl we don't want to do anything to offend any memlicrs cf this Commission. Mr. Gou?^ I is a^e a 'of Llf stat:_rients. I'd :1-Ac to put a few things in thf recc,rd t,n(' to io'1] why cur pcsJtion is this. Ma',or F(re: A!, right, there .is a log. .f talking there. Wcculd you get a momi er cf t}'ie tv Le• ;sere and put somi_! order back th re. If }'Jli wanl': tC 1.riik yC'i C,13: ;,_) o'itS'ile_. ..;Erb's no reason why you can't talk all. you want outside. Mr. Cols«;.: I'd just like to put a fe» things intD t?Ie record because I dcVt wa:Jt_ uur silence here, if we sat silent, •=o Succest !ihat we have ac-eed, or keFt quiet and are in support. At. t` time that you considered Baal Point, wh__11 :is a very very large development that's been going en, Woithea t, Hines stood by ;,nd never objected to the building of it. We belie`:,= in going for it with downtc'wn Miami, wit1i DuPont Plaza. At the tit-ie tli•3t half of that was cior.e, Ball Point Development Order required th.it : f _ ' ,i '1 _:.t" ;.i _;O' ..t J :": , as far as traffic. were concerned, had not bcen wvr.N:._< t: iOre their :'ullding perr,it. That was a requirement. T >, rc;_; Iested, Mr. Goll-d re ueted t-h:It t -:a` be postponed, that_ interim SC...._ ... r1C' M':':l.rti iS st._.il i-. E':i , L:'lit it be iostponed until a ::ertl f ♦ca`,. _ 31 ocl'uii, . :y , 'r._. _ Ine,:st -' '';eareu hcrc at Mr. vOuld's request ar we agreed t it. We said that we felt he had a ccnitinuin. q obligation tc `_'olve traffic, that includes and we stii t::ink that that Is So, but my cniy ' C:r t. 3s `_n tel:. yii that we dici We participated since last J.r: the I,c?��1�inUl t':uJ-in17":y' l__J.::;�'il :>t;:di@s that. were taken. We 1lc i sC :? •s':: tEl.l.::,t-�, ffli: ;rir�7 ;_ .::. CiS;.i'_`FC lE'ntS', but we- C iG participate. ii( approval . We did not oppose We ca-ro- -_c u a d y :u ,,ranted our approval. And at that 'oni 7 we did not at that time. W( thi ': ,o}; vc'll Cr::E!', Ia t:, .'a T:C 1:n31 PI-nnina Council to see if a..-, eal. Mr. L- C:I... it �D`.. aL;i'Lar, -%2G not I)articipiiy^e in that, bit 1ntStt_'d3 �D! cll. ... tii•,SC' t'-itt'':i?;it. tha',_ have been ctoing on, Including ore on t`:c traffic ._ . - • t' hi:ies, suddenly we received a letter that tc 1C t,:. ECG :.ik..,i._.. that S.;olll . postpone Southeast. We were sud- d, n1-. S" :e :, and we reae 3f! ,'fit 3.!*i i,'i thee r:ewspaper, that he was appealing t: :ithuast Order, that, yo:i .naQ r,,ran`.ed, although, he diC nDt. appear at the R gional Planning Council to state t.".at. He tells you that he is using it a:,d that he would get. rid of it tomorrow if you would just vote for what he w,ints to vote. And perhaps we should stand by and be quiet. But I tell you r,Ispectfully, that there are some things for you to consider on this record. In all of the time we vent through the Regional Planning Council there was never any of these drawings. This yalleria was not shown to Barry Peterson at any time. We were never shown 8 out of the 9 crawings that I have seen t.)night, we were never shown thosee at any time whatsoever, and I've been o.i this one year. We were never shown those until tonight. So to ask South- e.ist to stand aside and just say well we think it would be good for the com- minity, there are certain questions I t:iink you will have to understand, that w? do not stand just quiet. we went yesterday to a meeting with Mr. Gould a:ld he sai,-i not only does he intend to appeal this but that when that's lost, t'iat he will file other lawsuits against Southeast, and that he would oppose us tonight. He told you that in a '.::tter. He asked you to vote against us t'iat way in a letter. So that- when i,ct is now turned to the attack, and to attack us and we cannot stand silently by and just say well, Hurrah for him, ''rts orders for this reason. As yo'.: save seen, we showed you this at the time hafore that this was a result of a traffic study that was done in probably 15 reetings of every trafficking scene in all of South Florida, in the State of Florida and Federal Government. The Gould interest, the Southeast interest agreed to that. We ,submitted it to you jointly and we agreed to that. Now, tonight we have seen, and you've heard him say that... for the first time t-Jat we've 7.ever seen it, that all of the traffic we were studying around tiat People Mover System, being right there where it is, and our buildings that were designed to put the People Mover right there where it is, he's saying t'.at it belongs back in his garage. Now, the first time that that's ever 140 MAR 17 1981 been shown is tonight. He has shown for the first time drawings that are not listed in your yellow pages yet. The drawings in your yellow pages are very different than the drawings that you were shown here and were promised as the footprings as to what that would be. Those are not the sam: drawings that there have times before. The only drawing that we saw other than the data they had the other night was that we saw one 24 hours ago when we saw the location of a condominium. Until that time, I had never seen the outline of the condominium. Now, whether your adoption of his order tonight would say we think that's a good place for the Downtown Peo.-)le Mover, althought you don't have control over it but that you think it '.s. That's the question. Whether the air rights that he wrote you about have been settled by your order here tonight, I don't know the answer to it. But I would like to have the time on behalf of Southeast, to go in and look at these drawings. And I say that in this context, is that he has stated publicly to you that one of the reasons he won't give you models is that he doesn't intend to build anything for at least a year, that he wouldn't think of auilding for at least a year. Now, he certainly has told you that he wants to gait and see what Stubbin's recommendation is going to be and that he wouldn't have any decision to make until he sees what that is. We see some- thing on there that for instance, in this new high roof. Which I hope is never adopted, put in a high roof over his galleria that he proposes, he world block 7 floors of the southerly part of our tower. Now, I don't want to stand quietly and say well, you never spoke up. We have cooperated with them for now one year, we've been to over 50 meetings of our professional pec,ple w_th t;;em, w have never objected. But to come in here and change to condominiums which I'm not telling you whether it's good or bac, I'm not th.t smart, but I do know that it has to do then with the delivery of many th..ngs there. I know it puts... I never heard of 50 valet parking spaces un,11 tonight. I assure you that it's not on that plan we all agreed to. Ano to shift the Downtown People Mover and all of that I think is a very ve.-y surprising change. Only in that spirit, in that spirit that we've gone as far as we can go until he started appealing us and saying that he would op;?ose us if we stand in front of you and say that there are many unanswered questions that are in these drawings. And we respectfully suggest that it not be approved on this day. That doesn't mean that we wouldn't feel that way in the future..... day. That doesn't mean that we wouldn't feel that way in the future. Mr. Clark: Mayor, may I ..... Mr. Plummer: Would you allow the man to finish? Mr. Clark: I think he is finished. Were you finished, Mr. Colson? I'd like to remind the City Commission as the City Attorney that there are only 3 issues that the City Commission will determine in either a denial, ap- proval or a modification. And I'm just reading from the statute because of some of the developments that have occurred this meeting. Let me read it so that you'll be guided, please. "If the development is not located in an area of critical State concern", and we are not in an area of critical State concern, "in considering whether the development shall be approved, denied or approved subject to conditions, restrictions or limitations, the local government shall consider whether, and the extend to which? now there are three of them. "(a), the development unreasonably interferes with the achievement of the objectives of an adopted State Land Development Plan applicable to the area, (b), the development is consistent with the local land development regulations, and(c), the development is consistent with the report and recommendations of the Regional Planning Agency submitted pursuant to subsection 11". If you gentlemen do not have sufficient infor- mation to make a new finding on those issues this evening, if you determine that you need more by way of information from the State Transportation Department, if you determine that models would be necessary in order to make those decisions, then this hearing could be continued. I just felt it necessary to make that. Mr. Plummer: Mr. Colson, Sir, are you aware that this Commission has retained the right through variances at a later date, or maybe even 141 MAR 17 1981 Mr. Plummer (continued): ...this evening, that mean life or death over your project? Mr. Colson: Yes, sir. Mayor Ferre: All right, Mr. Gould, in response. Would you speak into the mikd? Mr. Gould: I do not view our appeal as being the basis for letting Southeast begin construction of their building. The only thing we want to accomplish is a resolution of the traffic problem. We will withdraw the appeal as soon as you have resolved the traffic problem. Because of our ownership and control of the western blocks the traffic problems car. only be resolved by the approval of this development order. Mr. Plummer: I understand that. Mr. Gould: Now, the second thing is... Mr. Plummer: We're going to control it. Mr. Gould: I have not sent.... Mr. farollo: Gentlemen, gentlemen. Mr. Gould: I have not sent a letter to the City Commission with respect tc opposition concerning the random variances being granted to Southeast. Or the contrary, the variances as they have been proposed is something I hz.ve nct fought. Okay? You have passed, already passed resolutions that a'fect those variances exactly the same way they did in the past. So the orly thing that I have done is I have said we will withdraw when the ad- m:.nistrative process has been completed. It includes the passage of the Development Order and passage of their variances. Let them go to construe- t:.on. At that point, we'll resolve the traffic problem. Until you've done those two things, we won't resolve the traffic problem. It's as simple a:: that. We regard the Southeast Building fundamentally as a symbol. It w 11 enhance t},e financial value of our property. We would like to see Southeast's building constructed. It is dissimilar, any aspect of the bidget that we have proposed. It is not like Ball point where you have same 7 restaurants and a hotel and 324 condominiums nor is it like the development that we are proposing for the 2nd, 3rd and 4th blocks. We are not against Southeast's proposal, we want to solve the traffic problem. ka cannot do anything until the traffic problem has been solved through the administrative process and only you can resolve that problem. Father Gibson: Mr. Mayor. rayor Ferre: Father Gibson. "ather Gibson: I don't know where the other members of the Commission are. '"he Lord says, which was read, and I hadn't read it before, I, Theodore Gibson, as a member of the Commission, I have the right to see a model if :hat what I want. I tell every one of you, I want a model. Now, I don't know where the rest of you are, I've said this before, this is not 'sews to Mr. Gould. I've said it to him in open meetings. I said it to its representatives when he was in Italy, I said it to him at my home. tou see, and I disbelieve that. Theodore Gibson is going to be Theodore 3ibson, and I want the model. 4r. Gould: The law does not say that you're entitled to a model. There is nothing in the law that says it. Father Gibson: Okay. Read again, Mr. City Attorney. Maybe I don't understand. Mr. Gould: The introduction with respect to a model.... the City Attorney's addition to the letter of the law. It is in yellow. Outlined in yellow. All of the information, by the way, those drawings are not 142 MAR 17 1981 part of the D. R. I. Those drawings were prepared specifically for you. All of the information that is required for the development of regional impact process was included in the DRI application. Two volumes of work. Mayor Ferre: See, look, I think that what part of the problem is that this is a new world for us. We are not, we have not in the past gotten im olved in these DRI's and Development Orders. That's all new. See, we arE. used to dealing in zoning and in planning and this is not a... we're not dealing here in a, specifically in a zoning issue. What we're dealing with is a basic development order which does not address such things as th(� height of the building, or the conditional use for parking, or what it's going to look like, or the final drawings of the building. Now, it ju.-�t so happens that in the case of Southeast, Southeast had done all of that which is, you know, great. It was to their advantage. And even they, as poor Hood remembers, and Bill and Bob, took 5 or 6 hours of this gr:�lling to get through. And finally we voted on it on a 4 - 1 basis. Ana I think, my position is I think we've got to be extremely careful. Yc�i know who I was thinking about while all of this was going on? Poor Os:ar Dooley and my Dad. Back in the 1950's all these people that have fcr the past decade been dreaming and thinking of doing something in DuPont Plaza, and here we are on the verge of it, something that we've all wanted for so long, and we're also on the verge of destroying everybody you know, and destroying the whole thing. This is like the barrel of land crabs in Puerto Rico, they eat land crabs and they put them in a barrel ar.d they never put a core; on it. And the reason they don't put a cover on i-. is because as one crab starts to crawl out, the other guy grabs him ar.d pulls him down. And so, therefore, you don't need a top on that barrel. A:-,d what we're doing here, as I sense it, is going along that path of just d.cagginc everything down. And I'll tell you, I want that Southeast building, n-)t as bad as Hood, but almost as bad, and I'd like to see something done on these other lots almost as badly. Mr. Plummer: I will.... Father Gibson: Mr. Mayor.... Mr. Plummer: Wait a minute, Father.... Father Gibson: Mr. Mayor, as the City Attorney to read that business he just read before so that I can be clear. Okay. Mr. Plummer: I want to acknowledge that the Mayor is an expert on the crabs and that I am on barrels. (Laughter) Mayor Ferre: I think he still burys some of them in barrels,*you know that. (Laughter) Mr. Carollo: I would suggest, Mr. Plummer, you start packaging the crab in the barrel. Mayor Ferre: Go ahead. Okay. Mr. Carollo: Mr. Mayor, in all seriousness now.... Mr. Ernie Fannatto: Mr. Mayor, members of the Commission.... Mayor Ferre: Wait, Ernie, wait. Mr. Carollo: Let's give the little guy, give him a chance. Go ahead, Ernie, I'll give you the floor. Mr. Fannatto: I'd just like to say, I'm going to tell it like it is. Mr. Plummer, you asked 10 questions and you didn't win once. Is that right? I'm going to ask the minutes to reflect that. Mayor Ferre: That's not the way I counted. 143 MAR 17 1981 Mr. Plummer: I haven't voted yet. Mr. Fannato: No, the questions that you asked were not going by your conversation as the minutes will reflect. And you are not going to go for the . I can tell you that, whether you believe it or not. When the stakes are high, the tax payers and voters of the City of Miami $600,000,000 for the Gould projects, approximately that and 35 to 40,000 jobs. And let me tell you. I'm interested and I think everybody in this group should be interested. If we lose this project, it's the difference between lower tax and an increase in taxes. Mayor Ferre: Are you for it or against it? Mr. Fannato: I'll tell you when I get through, Mayor. (LAUGHTER) Mr. Plummer: I think I'm learning a good lesson from Ernie. Mr. Fannato: You know, Commissioner PluirL;r, , you took up too much time here today. You know the only 2 people that I respect sitting here? The 2 attorney's and I think that Mr. Gould is a pretty logical man and you know who's the most respected man when it comes to Planning and Zoning of the whole bunch of you? There he is right there. And I've had my differences with this gentleman. Mr. Fosmoen. Your Acting Manager. If you folks would listen to him you would be doing yourself a favor. Mr. Plummer: He is sitting down. Mr. Fannato: I will sit down Plummer, but I've heard more cases than you have. I'm a little older, I happen to be 75, and you don't know as much as you think you do. Mayor Ferre: Now come on Ernie, let's not get personal here. You're nobody... Mr. Fannato: Here's the issue. The Dupont Plaza issue and the question of whether the State or County has jurisdiction, which of course, goes right over your head. Or, and now the issue should be very clear here tonight. What do you want Mr. Gould to do? Tell him what you want him to do, and he'll tell you if he wants to do it, or be able to do it, or not. And the same way with the other project. The time has come when we're not going to have meetings every week here on these projects. Vote on this Development Order tonight with the stipulation that Mr. Gould will satisfy the Dupont project, that will Gould will satisfy Reverend Gibson, and if he doesn't satisfy, you'll void that vote. But let's get on the move and let's give the tax payers these buildings on the rolls. And let me just finish up by saying. You know, the issue with this City is crime. And you know, if you give 35 to 40,000 jobs, do you know what that means? You'll have a lot of those people committing crimes, they'll be working and they won't be committing crimes. Mayor Ferre: Commissioner Oliver. Mr. Fannato: Tell him what you want and lets see if he will do it and if they think 1L is illegal. I do want to conclude the stakes are high for the zax payers. And when I say that Mr. Plummer, I know you aren't going to vote for the project. For God sakes, don't delay. Mr. Lacasa: Ernie, you have made a lot of sense. Mayor Ferre: Well that's what I... I was going to make a point to Bill Oliver. See, Steve Clark my counterpart at Metro doesn't let Ernie talk, but the reason I let Ernie talk is because even though a lot of people laugh a lot, I've been listening to him for 10 years, and 80% of the time he makes a lot of common sense. That little fellow right over there. Okay. So that's why I let him talk here. Thank you, Ernie. Now, let's move along. who else wants to talk? All right, sir. 144 MAR 17 1981 Mr. Paul Burn: Good evening. My name is Paul Burns and I live in unincorporated Dade County. Mr. Plummer, I've read about you in the papers and as I've heard you all today, I've changed my mind about you. It appears to me that if one of the Commissioners needs, not just wants, needs something that is necessary for him to grasp what is really happening in our city I think he should have it. and I think it is up to the other Commissioners to see to it that he gets it. It also appears to me that instead of approving a 2 block long garage in front door of the City of Miami, the only tropical city in the continental United States. It just won't look right. And then again it seems to me that some of our Commissioners have not given me the impression they know who they work for. It seems to me like, in other words, Mr. Gould whether you know it or not, thats the way it works. But Commissioners, our Commissioners cannot allow this man to have the leverage I'm thinking he has. He should not have that much leverage. Everybody has leverage. From the moment you are born you cry for mama to feed you. But this man has too much leverage, I feel. Now he knows that the traffic problems are just... Mr. Plummer: Regional Planning Council. Mr. Burn: The Regional Planning Council is another point I'd like to make. They're going to have a say so on what goes on here. And I think But Mr. Gould knows what the Regional Board will not approve Southeast Banking Building unless something is done about the traffic problems and nothing can be done about the traffic problem unless he gets what he wants, or pretty much what he wants. What I really want to say is that take into consideration that this is a tropical city. In the plan that I've seen, which as you've said changes so many times, how in the world can somebody make these decisions, but I am -saying that, please this is a tropical city. Mayor Ferre: All right, thank you very much. All right. Dr. Clyde House: My name is Dr. Clyde House PHD. Like many of youhere, I've been here since shortly prior twenty to three. Unlike the gentleman representing Southeast Banks, Mr. Gould who represents a powerful money consortium, I'd like to think that I represent many people in Miami as attorney feel they represent people also. Planning, as we know, is concerned with the future and we should be most concerned with how these plans affect our children and our childrens children. The Manager mentioned that Mr. Gould now has the legal authority, if I understood you correctly, to put up 3-30 story towers and he may be able to do that. And we also know that he's presenting an alternative plan here tonight which I would concur with 2 of the Commissioners which seems to be merely a toy on a test board in order to try to out maneuver Southeast Bank in order to achieve his concept of what is good for Miami. But I think like this gentleman that just got up and spoke here. I think he's misread, Mr. Gould has misread the character of Miami as perhaps as many other people have. We don't really have a plan which will prevent these block type towers that Mr. Gould has the authority to put up. And that is frightening, as one of the Commissioners says. In a plan which will protect our people in the future is most important. A plan based on principle, not on relative values, Mr. Mayor. A plan that will take care of our children, and our childrens children. Mr. Gould has used a lot of terns which indicates to us what his concept of planning is. He talks about a Master Plan. The Master Plan is effectuated by a master. Ue have evolved from that concept in this Country the democractic planning, creative planning, development planning, planning for all the people, not just for a few people. Not planning a pyramid of profit on the lakeshore which blocks out the bay, whish blocks out the sky, which blocks out the sun, which blocks out the circulation. We need a palm. Mr. Commissioners, and we need it to protect our people. And I think Father Gibson, you're asking for a model is 145 MAR 17 1981 most appropriate. ?oV'_ver, whatever model you get can be changed, as you know. And ycu should t,e sutc. that whatever model is presented by Mr. Gould and his associates is the model that they've co=nitted to effectuating before you vote oii it, The M,ianli Herald had a picture in the paper which many of us read and reed with fright, as to what that model might look like. It blotted out the sky, it blotted out any access to the bay.-Ahore to the people oth,>r than those that can afford a highrise type of living which Mr. Gould :s proposing almost wall to wall, Iot line to lot line, on one of the r.,cst b-eautifui and s;:enic and priceless pieces of property that our C.6-.1nunity has. A final comment, we have talked this evening the Commission has about parks. Some of us are mos* cor?c:c'.rned t1lot ,ark;; i::yn b turned over to private interest for profit. Parks should be fur tile .` u?;'l: c .. Also, this site if reasonably and well planned, evcr, though perh 1ps you, the Commission through default have by not endorsing and aprroving a comprehensive plan which would prevent Mr. Gould's block towers. You ^oul.d at least play the same game that he is playing of leverage this gentlemaa said, in order to get the best possible pIs11 development down there for all the people especially our children and our clilldrens children. Mayor Ferre: Thar, you. A,11 right, next speaker. Are there any other speakers. Let':; sec, it's g O'clock now. We've been at it for quite a whil so we need to kind of wand it up. Mr. Dan Paul: Mr. M�:oz, this: is a letter which the right Reverend Bisi c-i J)u11C 11, - ...J ._(-, r t'ai - if t ,-er, 11 , goino to read it at his request. "Please use this letter to express to the City of Miami m,opposition to the proposed plans for the Dupont Plaza area. I would urge the City Co=—is:sicn try z,o to Trinity Cathedral to look at the 0m,ni parkir,ici,, Co,.,in,l off the expressway ramp_ into the tit^_d LzT -a ?:d ` f?ce to fr-ce with the proposed concrete monstei would r'L3ke one L'd::t. to 1,,-ave a,: soon as possible rather than come dOv itc:.n,. AT chi tc ctv---ally, , sucl-. a proposal which would block the sight of the bc,-, c trim• in bud taste, but woulf-' destroy the very purposes which the they arc seeking to create. Again, 1 would urge t.;, c=.e in pnwer to rtz:nd on the Bayfront and look at the 2 blocks of the O:CN' parki:;E; g,rra; c . I'm certain that no one in his right mind would create such a nightmare in the Dupont Plaza area, Faithfully signed. James L. Duncan, Mr. Plu=er: Give that letter to the City Clerk. Mayor Ferre: All right, ladies and gentlemen. I think we've talked this one pretty well through. Now members of the Co=ission, further questions? And if not, what is your will? Okay. Mr. Plummer, Lacasa, Carollo, Gibson. What i^ the will of this Commission? Mr. Plummer: I haven't gone anywhere, I'm still here. Well Mr. Mayor, I've made my point, you know, among others, even though I like...you know, I lose 80% as I've been told. Mr. Mayor, I am saying to you that there is no way that I am prepared to vote until this Commission gets back into the drivers seat_, and we are going to make the decisions. And until that appeal is withdrawn, and putting us back into the drivers seat, it'a simple. Mr. Could has indicated, for the record here this evening, if we don't do pertain things, he's not going to withdraw the appeal. Well, as I Lndersr:and it, anJ as I read it, it's a lot based on what we do in the zoning arcs tonleht. Well, so be it. If he wants to wait, then he can wiat. But I am not going to let the driver get out of this seat as far as ehis Ccm missic:i is concerned. And that's where I'm at, and I want to make that very clear. Mayor Ferre: All right. Any other opinions that need to be expressed? If not, I'll ".cept motions. Anybody? Mr. Plummer: Mr. Mayor, why are you so cooperative tonight. That's not like you Mr -Mayor, as far as I'm concerned, the motion that would be in order this evening is that this Commission needs additional information and until such time as that additional information is fothcoming, this matter hold is abeyance. Or whatever your teminology is. Mr. Attorney. I will accept as part of that motion, my colleagues 146 iJ.AR 17 1981 Mr. Plummer (continued): request for a model. Mayor Ferre: All right, is there a second. All right, under discussion? Mr. Plummer: Under discussion? Mayor Ferre: Is that legal now, Mr. Clark? Yr. Clark: Yes. This hearing, if it cannot be concluded in order to srrive at those full determination, if you need more information, you may simply continue the hearing. Mayor Ferre: All right now. Mr. Murrell, you're getting up to address the Commission. You've heard the motion and the second. I'll permit you and if Mr. Traurig, Colson, or Paul want Lu address the Commission tin the motion as made, I'll permit that to. `4r. Plummer: Mr. Mayor, I would like, as a matter of courtesy, and Mr. Aurrell, please. Mr. Gould wrote a letter to me dated the 4th of March in which he asked 2 questions which I forwarded to the City Manager for answering this evening, and I do feel that these 2 areas should be addressed by the administration and then by the Commission because Mr. Gould is en'1_tled to an answer. I think I gave copies, I forwarded them to all of you. Mayor Ferre: What was the letter about? He asked 2 questions and Mr. Reid, 1 think will address both. Mr. Reid: The 2 questions ate, is the City Commission prepared to condition the issuance of a foundation and building permit to Southeast based upon the resolution of the issues related to Mr. Stubbins study and the City Cor=,,ission formulation design Urban policy for the Dupont Plaza. The administrations response to that is number one, we have consistently recommended to this Commission and they have embraced in the Southeast Development Order the statement that there should be a pedestrian promenade. So that answers, in terms of urban policy pedestrian promenade to link these 2 developments it seems to me has been answered by the City Commission. The City Commission has asked us to talk to Mr. Stubbins that he is in town today in terms of possibly taking on the job of reporting back to this Commission, if they chose to engage him for that purpose, or defining the parameters of this plan. The third response to this question is that tonight Southeast zoning hearing, there is a requirement in the Southeast Order the same as there is a requirement in Mr. Gould's order that they will, -prior to the issuance of building permits, that they will alter or modify foundations or structural conditions as required by the City, not their consultants, by the City to effectuate construction of a pedestrian plaza. So that's the response to question number 1. Number 2, will the City and of course, the City Commission's position on that will be based on their action tonight on the Southeast variance. The second question, will the City Commission abide by Mr. Stubbin's recommendation, that is an answer that only the City Commission can respond to. Mr. Plummer: Well, of course, Mr. Reid, that's why this morning I tried to make it very clear as ti what was the scope of the committee and what was the scope of Mr. Stubbins. And no where do I recall, nor do I think that it is legal, that this Coi:vsission is bound by anyone's recommendation. It is bound by the vote by which it takes, and 3 make a majority. So I think that answers question number 2. Mr. Clark: Mayor, before Mr. Aurrell, the counsel for Mr. Gould speaks, let me reinforce the proposition that I made with respect to a continu.%tion. I might point out that the South Florida Regional Planning Council received the changes that you have. I'm aware of the fact that there's a difference between an office building and a residential unit of some several hundred. And one of the criteron of the Regional Planning Council, one of their functions that they do is to determine whether the development will efficiently use, or unduly burden, water, sewer, solid waste disposal, or other necessary public facilities. Until now, we have not had any recommendation from 147 MAR 17 1981 Mr. Clark (cont'd): the South Florida Regional Planning Council on those very issues. Mr. Carollo: Bob, are you upset at something? Mr. Clark: No, I always speak loud when I'm excited. I'm not angre, and that's why.... Mr. Carollo: You sound like you are a little angre or excited. I'm going to slow you down a little bit. Mr. Clark: No, I'm not angry at all. I just wanted to make sure that my indication and my posture about a continuation, I believe, is thoroughly founded on some good sound basis. Mayor Ferre: Okay. Mr. Aurrell. Mr. John Aurrell: Mayor Ferre, members of the Commission, I'm John Aurrell, attorney with the law firm of I represent Mr. Could, Holywell Corporation. I want to speak to the motion very briefly. I hate to be overly technical but this is a legal proceeding under Chapter380.06 of the Florida Statutes, as revised by the Florida Legislature, 1980. That's what we are here on, that's all we're here on. Specifically, Section 14, Subsection (a) of Chapter 380.06, that provides that there shall be no deferral, no extension unless it is requested by the developer, that is my client. Beyond that, the Florida Legislature, pursuant to the law, has stated that this Commission may not defer this decision. So we respectfully request that a decision be made now. Secondly, if I may just briefly refer to Father Gibson's sincere concern to have a model, and I understand why you wouldn't want to...I would hope that you would not lose sight of the first page of the Development Order as proposed here tonight by your staff, if I may read it so tht we all understand that I believe your concerns fully, Father Gibson. I quote: "the applicant voluntarily stipulates that they will prepare a sclae model and schematic drawings to be presented at a City Commission meeting which accurately portrays their project. Any substantial change in the project as represented by the model and schematic drawings must be brought back to the City Commission before any consideration is given by the Commission to any possible request for variances and conditional uses." You will not consider what it takes in order to build this project unless you have a model and you're satisfied with it. Continuing on the next paragraph on the first page in this Order which is before you, so that you please keep in mind that your concerns are covered, Father Gibson. "Any variances ana conditional uses will br brought before the City Commission for consideration and approval after decision by the Zoning Board. It being understood that any such City approval or disapproval may further limit the project above and are incorporated by reference in this Development Order." the Regional Planning Council will have to consider after you act tonight, hopefully, and approve this Development Order whether the change brought about by incorporating the condominium Building as opposed to the office building would constitute or significantly deviate as defined in Section 380.06. If it is a substantial deviation, the Regional Planning Council will have to consider this as such. If it is not, then according to law by the Regional Planning Council, not this Commission, then everything has been done, is okay. We respectfully submit that it is not a substantial deviation. I have talked with the Assistant to Mr. Peterson today on this subject and he authorized me to say if it became necessary that based upon their preliminary appraisal of what they have seen, that the change does not constitute a substantial deviation. That certainly is not a final de- cision by the Regional Planning Council, it is a senior staff person's analysis as of this point, this must go back to the South Florida Regional Planning Council. So, I believe your concerns are covered and I hope that you will approve the Development Order. 148 MAR 17 1981 "ather Gibson: Mr. Aurrell, let me, since you directed it to me, I want to .ue very very certain that I answer. I don't speak for anybody here but rheodore. That's this guy. I could better understand and interpret what you are asking me to do if I had a model. Now I am a slow learner. I put this in the record again. And because I am a slow learner, it takes a little more for me than it does my... than it would take for my other colleagues, for my colleagues. And I said before, Southeast didn't have a devil of a lot of problem convincing me bacause I saw a model. Are you going to produce what you say you're going to produce based on what you show me here? They said yes. I said, all right, 1 understand. I said, later on if I see that building and it isn't like that I can hold you responsible. They said yes. Now, let me tell you this. I want to say another thing since you said to me. Staff'z arc beautiful, ask the staff members here. They come in here with some bright ideas and all of that business and when this Commission decides it's going to get down to business and vote, sometimes they don't even recognize what they proposed. This happened with you, no, this happened with Southeast at the Regional Council. Mr. Peterson said, no, no, no, no. The council said but we are the council. Do you follow me? So I have no assurance, even though you have that senior staff members opinion. It isn't what the council has said. I understand that. So I'm telling you 2 things. If you expect me to be intelligent on what I'm doing, and I hope that's why you elected me because I must represent all the folk out there. I need a model to intelligently make a decision because I'm a slow learner. They knew that when the elected me. And secondly, when you tell me waht the senior staff said, I hope you keep in mind that you could go before the Regional Planning Council and you wouldn't even know that the senior staff had spoken. MAR 17 1981. Mr. Aurell: Father Gibson, if I may perhaps try to -:Nike you understand and interpret what we were doing ... I would frankly suc�p-_<.t that the develop- ment order allows that opportunity because n(,thing will he able to be built by Mr,. Gould until and unl(,rs you have apprc:ved a model. What Mr. Gould suggested, lie has `1ande2 me a note Is we can and will have a model to you within two months from the date of the rievelnnort k -d, r anci unless you. and you nave a right to at LnaL poinL to accept or reject it. The confition of the development order subsequently on that model. ^lie Issuance of a development order tonight contingent upon your approving that ricd..1 within two months. I you don't approve it in two monti�s then there is,look7ther is -no development order. T would hope that would satisfy your concern and still permit us under the legal frame wor': a part of which is why we are here, to proceed. Mayor Ferre: All right, Mr. Aurell, you brought up a legal question which; is completely contrary to what Mr. Bob Clark had told us and ;,ust again on the record so that we dcn't have any confusion, this Commission i City Attcrncl's rerorlmendation. Now err. Aurell says that we cannot continue this, you say that we _an 1.1se6 on the fact that we need additional informa- tion. is that cGrre_.t? Mr. Clark: Yes, sii, there is no requirement that `hc hearing, last two hours, tw': Ca%S, twi ^10`,t1'.s, 1r 1% ,i need information before lo'.. can determine and resolve thcst_-, ls!�ue.. i:IC:: the hearing will have to lint as long as it takes to arri.'.'e at a de• is ... ' Mayor Fe-rr:: h d' 'i 3' tha! we Can 2-stablish, you know I'm rot a lawyer, but rust so 4(- ran sJ=, jirE:.l f an: 'C:3al DaS51, nr.1w r;,ne of the mem- hers of thcr t.0 ...13L'1 :r: .l'i .. _:1C S :iE?em `. (. r S. 'ir, :Xl, ttIat t.^.15 1 E SLI_ h a ccm— D.ex t'nre(' ; rcb1cm tt.dt 1'_ really is .Cq,,os_3ible fOr a lay perst.'1 to understan,, It: i:. twJ 11;'i_'nSIOR;:l ter;.is sc, that: ttie request of a mo�ei is not an unreasonable request fzom the information point of view because in ef- fect it is virtually impossiLie for a lay person to understand the tremendous complexities of ramps going, up and down the three dimensional aspects of this without such a model. So it is a request then not for a continuance perse but for further information. Mr. Clark: Yes, sir. Mayor Ferre: Did : sa, that properly, correctly? Mr. Clark: You're saying that you cannot perform the function until you have more information. Mayor Ferre: Okay. Now, Mr. Aurell. Mr. Aurell: Mr. Mayor, I again respectfully sub4.it that the Commission cannot and should not try to .!o directly, what it cannot do directly. The law provides that an extension will not be granted except on request of the developer which has not been made and so I would h-)pe that you would not do....Mr. Gould has said that he would provide the modei in two months. The development order speaks for itself on the terms of the mod,-'_ F.S. 80016 does not require a model, it is not concerned with design. In any event we are prepared to respect the request and to make it clear, I just talked to Mr. Gould about the model. He would like the development order in its present form which I really think covers your concerns Father Gibson and Mr. Plummer. Grant us the development order now. Thank you. Mayor Ferre: All right, anything else you want to add? Mr. Plummer: Well, the only question I have to ask, Mr. Clark, have you changed your mind after hearing the learned counsel? ISO MAR 17 1981 Mr. Clark: As far as I'm concerned this hearing is still continuing on and will continue on until this Commission performs its function under the State law. Mr. Carollo: Good for you, Bob. Mayor Ferre: All right, are we ready to.... Now you like him, right? Okay, now are we ready to vote? Rev. Gibson: What is the motion? Mayor Ferre: The motion as made by Plummer and seconded by Carollo was that this matter be continued for the purposes of getting further information. Mr. Plummer: No, Mr. Mayor, I don't want it to be mis,.)nderstood. I want this matter deferred (a) I made that clear, the appeal, continued. All right, sir. I have raised certain questions here this evening to me which are of prime importance and I think Mr. Gould has answered affirmatively on about 80% of those things that he had no problem and i want those to be incorporated in the order. I think, if I remember correctly, those points brought up by Mr. Paul Mr. Gould had no problem with and as such we'll incorporate those. I have no problem with that. if Mr. Gould has a problem with that then let it be known to this Commission. But I wart all of those matters to be drawn to- gether in the final draft so that this Commission can make its determination. I have asked, for example, in Item #1 about the gross leasable area space. I wart that question answered. There are other things in here that I have brought out, i'li L�_ clad to furnish the Clerk with a copy of them if they wart but I want them all spelled out because I think Mr. Gould has agreed to most of them but I want it in writing. Ma,lor Ferre: Okay, any other questions of Mr. Gould? Mr. Lacasa: I have a question. Mr. Gould, what is the financial impact of delaying the issuance of the order tonight? Mr. Gould: There's none. No adverse financial impact to us if you delay us :cnight. Mr. Lacasa: Thank you, sir. M�:. Gould: I want it clear that I asked you to process the Order tonight so ttat Southeast could got back to construction and I cannot do that and I cannot dc. that until you pass this Order. Mayor Ferre: Okay, any other questions? Kr. Plummer: Maurice, I think we now have the classic example of what you've been trying to tell this Commission for seven years, we are in which comes first, the chicken or the egg. P-ayor Ferre: Well, whatever, it is 9:20 and I think both the chicken and the egg are anxious to move along. :lr. Plummer: At extra crispy at 9 O'Clock. Mayor Ferre: Let's move along. Further discussion? All right, call the roll on the motion. The following motion wa; introduced by Commissioner Plummer who moved its adoption: MOTION NO. 81-213 A MOTION TO CONTINUE THE PUBLIC HEARING TO CONSIDER APPROVAL OF A DEVELOPMENT ORDER FOR THE MIAMI CENTER II DUPONT PLAZA PROJECT (A D.R.I.) IN ORDER THAT THE CITY COMMISSION MAY OB- fAIN THE ADDITIONAL INFORMATION ON THEIR APPLICATION; FURTHER REQUESTING THAT A SCALE MODEL OF THE PROJECT BE PRESENTED AND SUBMITTED TO THE CITY COMMISSION. Upon being seconded by Commissioner Carollo, the motion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Q R Commissioner J. L. Plummer, Jr. 1YiH� 1 1981 Vice -Mayor (R1151Theodore R. Gibson j (OvtR) A NOES: P:ayor Maurice A. Ferre t ON ROLL CALL: Mayor Ferre: I need to explain my vote because obviously this matter so far has been voted on by 4 members of the Commission and I don't like to disagree with my colleagues, especially when it is a 4 to 1 vote but I think there is a tremendous amount at stake here, I think the whole future of downtown Miami is involved. I see nothing but problems coming out of this. It may be funny, Mr. Gould's statement may be very funny - well, ',o.t know, there was laughter about it and 1 guess it is funny in a way - but I would hate for that to be the basis of the lawsuits that are going to be taken here and God knows I hope they're not successful because I would irate for that to be the basis of stopping Southeast from puttnn up their ::uil ing. But I'm afraid we're just going into one of these no -win situations and Dar, you're going to get your way after all. I think what is going to happen here is that this is going to be a free for all and it is just going to stop this thine until a lot of people have an opportunity to re -think. w4,Irt9 not going anrwhere I don't think, I think it is going to be a long drawn out complicated dragged out thing. I hope that when it is all done and over with we end up with better designs and a better project and a better series of buildings but I have some serious doubts as to whether that is going to be the case at this point. This is really a Chinese puzzle and it is a chicken and egg situation and I'm not too -;ure that the chicken or the egg are going to survive it and it i5 a very very complex thing. Now, I think that we have sufficient safe- guards with all of the conditions that hake beer. s::perimposea ana that you read into -he *e d which I was pArfectly willing to incorporate every one of them. I think that Gould has agreed to do all of these things, tie the D.C. into the model., in other words if we don't like what that model or that arcl,ite= rural design looks like we could turn it down and that's the end of Ali the in_orporation of plans into the development order and the _iuestio:, c`. whn i-ays for tac pedestri.a:1 conaectio*;s and all o: these things ar-1 parcel. Now that's not to say tnat this isn't the en.: o 1 ob'.•iously this is i the end of it, perhaps Gouic will now go ahead U:_ -ome hac,,k itil a modei on.'! Sat_ sfy :7a:hei: cibso n ar�_".. lnc'.`rp:ora`_e the t tii1t1Q6 that F1llP.L,d.tY :i)''S are :Ii.SSSl' ^, he says that you accepted e05L co:;:_e :.s dr,: we've only cot 2 3k to go so maybe this isn't such a trd..;c- dea„ end thi:�g a::d ;naybe It will all work out, I sure hope so. bat I t;link I wcula be rer,;iss in my own conscience ever, if it is a minority of one ,f I were to vote In favor of this because I just as a matter of principle did vote that way with Southeast and they got 19 conditions superimposed or, them which they have to live with. Mr. Plummer: Twenty-seven. Mayor Ferre: Well, whatever the number of conditions, they had umpteen num- ber of conditions and I think in effect what we're doing is that we're not _ treating - you know; what is sauce for the goose should be sauce for the gander and I just don't think it argues well and I'm afraid that we go back to this old question in Miami which is so... We're a community, ladies and gentlemen, who evidently deal more in negatives than we do in positives. Who have a tendency to be a centrifugal force instead of centripetal force that brings things together and we seem to be a community that makes decis- ions more on who rather than on what and I just, I think that is wrong. I think things should be decided as to whether it is right or wrong and not, you know, because otherwise how did Southeast get their approval other than the fact, and I thi:.-L: Father is right on that one about. the model, but I dor,'t know whether that is true o.... An Carollo is right because he con- sistently voted no. So I'v got r;o problems with his vote. The only guy I've c.tot a problem with, J. L., is with your vote because I don't think - forgive me }Tease, but I don't think it is cons stunt. And I hope you for- (live- m,• for making all these remarks but I think I'm being consistent with what 1 did before and I vote no on this particular motion. Mr . Gould: l w0,111d I ikL' you to know that I ;aw that Development Order for the• first time when )'c,u :-;,rw it, We did provide sits' plan drawings to the City, .a r . V I SL-d vt•rSion, `, days ago for inclusion in the Development Order. r'e will dt•vt-lop .a 1114,,it•1 ;as duirkly as possible. Tile City Planning staff prepared a U.U. for our-,.vit.w rtrlti the conditions here that have been suggested by Mr. Paul will iutvt• to be evaluatcd both by the City, the County and the State 'l r,ans,p„r t at lou Ut•l,:irtmt•nt. During that period of time, I hope you under- stand that 1 have to kc-c-1, thr appeal in process. What I need to have is a rcasunahle as4;urant-c that the traffic problems are going to be resolved and this 1s au illustration of one of the things Mr. Paul has raisea concerns tht- bifurcation system itself, the ramp system and the possibility that the I have $17,000,000 State iS Koing to say "no". If the State 152 says "no", MAR 17 1981 of land in DuPont Plaza, the value of which is questionable. Now, that's important. Mr. Plummer: Very important. Mr. Gould: What I'm saying to you is that until the traffic problem has been resolved we have a very substantial adverse financial impact and I cannot let that happen. As soon as we have the proposed revisions made by the City's Planning staff we will consider them and we will respond. We will also prepare a block model , I cannot do what Southeast did, we have not designed the style of the building. I still prefer as to the style to have your input and recommendation with respect to urban policy. We will do it as quickly as we can, we'll go to the South Florida Regional Planning Council and ask them to review the modifica- tions. The model itself is going to take two months because it involves all of Duoont Plaza. It involves the Dupont Plaza Hotel, our proposed development, the development on Tract D, the present Southeast Building, the circulation of traffic, the Amerifirst Building, and also the First Biscayne Tower, all the way to Flagler Street. That's going to take time. I know it is. I just want you to understand that we will do it as expeditiously as we possibly can, we'll cooperate as much as we can but we have to have a resolution of the traffic problem. Mr. Plummer: And Mr. Gould, let me say to you, sir, I think that as we, this Commission, have gone through this I think this Commission has expressed the same thing that you have expressed, sir, that we are very much concerned about that traffic problem. I am also concerned and lost on a previous fight that this City doesn't have the money to pick up the tab if the State does.-,"L 3o I've said that. I'm very concerned about that. You know, in the same way that I expressed to you that if you were to transfer your rights to someone else, a concern that that someone else might not have the money to do what you promised to do I'm concerned that if everything fails this City is saddled with it, we don't have the money to do it and that's a concern. It is a big concern. :s-. Gould: J.L., the problems are directly related to this transportation situation. :"s. Plummer: No question. :�,r. Gould: Who is cuing to design it? Who is going to construct it? Who is going to pay for it? '4r. Plummer: Mr. Gould, that is exactly why, sir, I asked the question of Mr. Reid - define the word commits. Now to me if the State commits to funding that is fine. To me commit means they're going to pay for it and that is part of this order and as far as I'm concerned this City doesn't have the money, I'm sorry. Mayor Ferre: Let's go, can we go? Are you finished now? Mr. Plummer: The vote is taken. Mr. Carollo: Mr. Mayor, can we take at least a 10 or 15 minute break before we go on with the rest of our business? We have at least 4 or 5 hours of business as I see it. Thereupon, the City Commission took a i.tief recess. ,.LOU N/1AR 17 1981 65. LEGISLATIVE PRIORITIES. Mayor Ferre: Legislative priorities, F.icky, tell ur: in two minutes our legis- lative priorities and then you can go home. You've not two minutes. Mr. Rick Sisser: Two minutes. Well, I started out with a 30 minute presenta- tion at 4:15 this afternoon, I will now gc. down to 2 minutes very quickly. Appropriations (1), Miami Avenue Bridge IC,,01)0. (2) Bifurcated system approximately 18 to 26 million dollars. (3) t•;ideninc of 7th and 8th Streets approximately 6 to 8 million dollars. (41 The Latin Au-nerican Trade Fair $2`:0, 000. (5) Renovation of the Gusman Hall $ C,, 000. That's un.er appro- hr�_ations. We are working on the Super Bowl Bill which has been broucht. out of two committees to eliminate the sales tax on the Super Bowl so we will be in direct cimpetition with the other stadiums throughout the nation and not ha•:•e a sales tax. he are working, and I put in a bill to eliminate the sales t.ax cn public (_onstruction which will save us 4% on all of that. We have put in tho bill , senator :,c Y.r.ight- and Representative huten on expanding tax increment financing.; for the downtown, area with parking and traffic con- gest iC,n and also the last priority is the in-r,-ase the (7ocli-_ent y sta:.t '-in by 10 )z for '"'nits in the City. Very g,_)o,i . �' Fl.u^�,• r: Mr. Sisser, that's well and good but you.: know wv always find �.:rsel..es in r..)si`io:: with "lie i,E'glslature of protecting what we have. Is w.. :•e,, OCllgate�l to brine '�O J"u: attE'ntlOn that }laS I,c_•en i.r^nosed which wi 1l be detrimental tc: the City: Wel I, throucIh the C_-ivernor' s budget partially but. Foir,t :, timl} we do not ka:w if it is going to be a biennial u',.d--et oI" an annual I u-i -o t I:ecause they did not know that the Feds are dol-c. T',,e Governcr might have to _co re -do his entire budget and go to an annual bud- get so at this point in time i cannot tell you or answer your question until the session of the ley_iSiation begin. +� Plummer: Okay, that pertains to the budget but are there any pre -filed bills that you know of that we should be..... t?:. Sisser: There is nothing at the current point in time that is detrimental the City that have been filed. There are some bills that we do not quite understand whether they have any impact or not but there is nothing at,uut at this point in time. Mayor Ferre: All right, thank you very much. Any other questions? Thank you very much, Ricky, that item is now finished. 66. EXTEND BIDDING DATE FOR BUS BENCH/SHELTERS TO PERMIT BIDDERS CONFERENCE. Mayor Ferre: Mr. Fosmoen, on the question of the bus benches, are we ready to do that quickly? Mr. Fosmoen: I received a communication yesterday, Mr. Mayor, I think I need to copy it and distribute it. There are a couple of issues that have been raised and it looks like we are going to need a bidders conference to resolve a couple of them. One issue that has been raised in particular is the ques- t. -.on of the exclusivity of the contract and the recommendation is that we issue an exclusive contract because of the particular economic circumstances of the industry. My initial reaction to that is favorable. The second issue that was raised was to reduce the number of bus shelters that would be provided w_thout advertising from 50 to 25, that seems to make some sense but I would want to be able to discuss that with some of the other proposed bidders. Mayor Ferre: What actions do you need from us? Mr. Fosmoen: The action that I would need is a motion to extend the bidding t:_me and to allow us (1) to have a bidders conference and (2) to respond to each of the issut�s raised. Mayor Ferre: How long do you want an extension? M -. Fosr.::,en: I think 15 days is adequate. Mayor Ferre: Does that cover it? Mr. Fosmoen: Yes. Mayor Ferre: Okay, does someone want to make a motion to that affect? Mr. Lacasa: I move: it. 1.11.3kyor Ferre: All right, it has been moved and seconded that the bid be ex- t_nded 15 days for the purposes of having a bidders conference so that there can be open discussion on two basic questions which are exclusivity for the law bidder, whoever is the recipient of the award and (2) instead of 50 that we go down to 25 benches, right? Mr. Fosmoen: Yes, instead of 50 non -advertising shelters we go to 25 non - advertising. Mayor Ferre: I'm sorry, shelters. In other words rather than 50 advertising shelters we'd go down to 25 that would have no advertising on it. Mr. Fosmoen: That's correct. Mayor Ferre: Okay, any questions on that? And whatever else comea p in the discussion. Mr. Fosmoen: Yes, sir. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 81-214 A MOTION AUTHORIZING THE CITY MANAGER TO EXTEND THE DATE FOR SUBMISSI014 OF BIDS ON BUSBENCHES/SHELTERS FOR A PERIOD OF FIFTEEN (15) ADDITIONAL DAYS FOR THE PURPOSES OF CONDUCTING A BIDDERS' CONFERENCE TO DISCUSS CHANGES TO THE PROPOSAL SPECIFICATIONS, EXCLUSIVITY AND TWENTY-FIVE (25) NON -ADVERTIS- ING SHELTERS. Upon being seconded by Commissioner Gibson, the motion was passed and o?ted by the following vote - AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson MAR 17 1981 Mayor e A. Ferre 0 NOES: None. ABSENT: Commissioner Joe Carollo. 67. PUBLIC HEARING: SECOND READING ORDINANCE - DOCKAGE RATES AT DINNER KEY AND ANNEX, MIAMARINA AND WATSON ISLAND. Mayor Ferre: We're now on the Dinner Key 14arina and Annex, the Miamarina and Watson Island Marina. We're on Item Cl. Thi,-- is on Second Reading, Dockage rates at Dinner Key Marina and Annex, the Miamarina ind Watson Island Marina. Okay, I think we've been all through it, you're posturing for your lawsuit, make your statement and let's get going. Mr. Ernie Senatore: Mr. Mayor and City Commissioners, my name is Ernie Senatore, President of the Miami Marina Association. The second reading of this proposed dock ordinance is the subject matter. First let me say that we're just as upset about the second reading introducing a new factor and that is the Federal Con- sumer Price Index whje:h you reference in paragraph 7 of the documentation Okay? It was never introiuced, never considered..... Mayor Ferre: Ernie, I'll tell you I just I'm probably the one to blame for t at. t,ot me tell you how that. came about, it just struck me now. Let me tell you how that came about. Somebody here at one of these hearings was talking about why on't you just index this thing forever so that we don't have to be coming back every year and that is where that came from. I said fine, we'll do it. 'dr. Senator(_: well, 3:ie mot( question, more what I'm concerned about is that the Waterfront BoarC4 3:1,33 the City commission haven't had a chance really to rc:iew the effect of using the Consumer Price Index, that is not one of the things that make up thc: Cons,::ner Frjce Index for marina operators. So we're kind of concerned about how you stick to the rules and procedures.... Mayor Ferre: Wait, you don't want indexing in there, is that what you're say- ing? Mr. Senatore: That's what I'm saying. Mayor Ferre: I don't have any problems with taking that out, we can do that in the future, Fosmoen. Mr. Fosmoen: That's fine. And, of course, all of this is going to be changed if we issue bonds anyway. We're going to have to have 150% coverage on the bonds. Mr. Senatore: You're already up to that. Mayor Ferre: So in other words at that point if we need that we'll have another public hearing and do it at that. time. I've got no problems with that, is that all right with you, Plummer? Is that all right with you? Is that all right with you? Okay? We're talking about indexing. So is it agreed that we'll withdraw that then a5 }.art of this motion? Mr. Fosmoen: It doesn't star. until October 82, it's n:) problem. Mr. Senatore: Okay, I just wondere.t where it came from. Mr. Fosmoen: It came out of the rCcord. Mayor Ferre: It came out of the public hearing. Mr. Senatore: Okay, I don't remember........ Mayor Ferre: Well, now it is gone now anyway. Mr. Senatore: Right, no problem. One other qut•::t io:: ..tm about with the rates, Mr. Fosmoen started to point out about fIoatiii,I the I,,i:,,In, hr.'_: already at that 150%...... Mayor Ferre: No, he's not asking, that is what the Ixmid 11voi,le are probably going to ask. 156 MAR 17 1981 Mr. Senatore: No, but I'm saying it is already covered by the ordinance, it says it includes 150% bond debt coverage so I don't want to ue back here for a public hearing when the bonds are floated because this ordinance supposedly includes that and I just wanted your statement that it does include that. Mr. Fosmoen: No. Obvious... Well, go ahead and finish your statement and then I'll respond. Mr. Senatore: 5386, it says here bond debt service requirements of no less than 150% coverage. Mr. Fosmoen: Oh absolutely, that's fine, we don't know what the debt ser- vice is going to be at this point so the rates will reflect the debt service. Mr. Plummer: And at that time there will be another public hearing if there is an increase. Mayor Ferre: Anything else? Mr. Senatore: Okay, so lone_, as we have a public hearing and an opportunity to speak. M,your Ferre: Sure. Anything else? Okay, does anybody else want to make any kind of a statement? Mr. John Thomas: Mr. Mayor and Commissioners, for the record I am John Thomas, I am the attcrney for the Miami Marinas Association. I would like to make a brief statement before you. We believe that teh dockage rates should be reasonably related to the quality of the services provided by the marina and that the marina be operated at the standard of first quality public marinas. We would appreciate your attention to hear what we teei is a very important. I'd like to go into it just one more time so we understand that is where we are. (1) p;e believe that the dockage rate should b.2 related to the improvements in the docks rather than rates that are arbi- trarily imposed without improvements on the docks. (2) We believe that the marina should be operated for the benefit of the general public including sailboat rentals and commercial fisherman, of course, and not simply a marina for the wealthy. There are other places where the wealthy can take their boats in the City of Miami but we're at the point where there are not other places for the average working man to take his boat if the public marinas are priced out of the range of the average working citizen. We feel that the average man has to have access to the bay and we ask you to think about this. It has been stated that the City of Miami marinas are not making money, I will refer you to the City's internal records which shows that in 1978 the marinas had a net income of $235,428 and in 1979 the marinas had a net income of $210,822. At the end of the 1979 fiscal year there was a marinas mainten- aice account over $436,000. Only a very small part of this fund has actually been used for any maintenance of the marinas. In 1980 the accounting of the City was changed, the fiscal year for 1980 has not yet been quoted, the auditors and the financial statements are not yet prepared so at this point we don't have a statement as to what funds have been generated as income from the marinas. We have asked for the distribution of this $436,000 Marinas Maintenance Fund to be disclosed and we have not received an answer from the City's Accounting office and where this marinas fund had gone. I think it is important that we determine where this money is and how it is going to be allocated on the marinas. We know that once the dock rates go up they will never come back down again. Before they are raised as proposed to the Commission at this time, we ask you to reconsider delaying the imple- rr,entation of such a suggested raise which is 2, 3 and 4 times the rental that we are currently paying. Ansuor several questions for the marina users to justify such a substantial increase (1)In order to fund in excess cf $400,000 that is supposed to be used for marina maintenance (2) Where will be the increased revenues in marinas go when we go to increase facilit- ies on the docks, (3) what controls are going to be placed upon the private management companies handling this substantial amount of revenue and (4) what marina improvements can we expect, how can we judge the marina's stand- ards? That. is all I have to say at this time, I thank you for your attention, we ask you to reconsider such a substantial increase at this time. Mayor Ferre: All right, anybody else? UNIDENTIFIED SPEAKER: (INAUDIBLE) Mayor Ferre: Wait a minute, do we have a differential on that? 157 MAR 17 1981 Mr. Jennings: Mr. Mayor, that was the previous difference between live- aboards and non -live aboards, Pier I was considered non -live aboard. Mr. Fosmoen: There is no differential. INAUDIBLE (Microphone failure) Mayor Ferro: Is there a differential nova? Mr. Jennings: i:o. UNIDENTIFIED SPEAKER: That means we're paying a 4004 increase. Mr. Jennings: Wherc the differerltlal now C'Ple5 into play, Mr. Mayor, is that the people who are living aboard will pay the aci.li+iorial charge, the additional 6 cents which represents the utilities an," other services t':at. these people receive. INAUDIBLE Mayor Ferre: Up t<; the please. U'NIDENTIFTED SPEAKER: I'm sorry, I think the difference and misunderstanding here is t:"lat Pier 1 anil the bulkheads were given a different class -"` because they don't Ilc'iVe t}lE SaMe fa,llit]eS dnd nav':' always en',oyed a lower rate and now wY.at we have said is that the bulkhead rate and the Pier I rate is equivalent Lc. rut,. ore they other four piers and we gave a disoens- ation in the case of. Dinner Key Annex which doesn't have the same' facilities, wy gave• a dispensation in the, case of Watson Island and I think he is referring to the s irme kiri3 of r?isi er.satio-; `n"r the fact that he doesn't have a fir:c;er c ier _:r ho. (oesn't hr,.e they same facilities that ''(.marina has. y:r. r:unmei Yes, but I got a letter and let me tell you something, the let- ter yria6e some 1)retty goo`: !�ensc' to m,-_. That is that jusu because people don" Live ab:D,,r, doesn't mean t.liat they're not consuming a good amount of electricity, _:sat they have air conditioners that they leave on for deh,.lmidifyinc, they have ;.r-e makers, they have all_ of that abcard and just because they don't live there _,_ stuli costs. Now, Mr. Jennings, my recommendation, sir, is that those non- aboards who do not have electrical connections be considered as the crdin- anc.e reads, that those people who are going to be non- live aboards but have electrical connections to their craft shall pay for the electricity as a live .board. Mr. Jennings: This is precisely what we discussed at the public hearing, this is why we added an additional 6 cents to those people who are utilizing the utilities. Mayor Ferre: Okay, Ernie, go ahead. Mr. Plummer: That's whether they live aboard or not? Mr. Senatore: No, sir, that's an incorrect statement. At the Water- front Board we mde that exact point about the fact that all people who have electrical connections and, therefore, we came up with a formula that is $20 a month for 110 volt for everybody in the marina based on 16 cents a foot at a foot a day and that Ths across this whole thing - live aboard, non -live aboard because as you pointed out y.,, have non -live aboar,is using electricity as well as some live aboards wl:o dn:,'t use electricity. I mean it is not an ecuitable situation. Mr. Plummer: Well, r !; f,lr us I'm they're nnn-live a,:K:!ard an= they have electrical -ovine,--tic)hhs thoy shall p.3y the same .is livo aboards, I think that is only tali I,cri,k, it a quy has a.'I 31r condltloncr, a uthumialfler, Ile has an ice makes, :t h,i ;1 freezer, he's I _lot a refrigeIator that he is leaving plugged iri at t}l times, moist boats h"Ive propane gas for their ;oc,k.,ng. Mayor Ferri.: Mr . Th r-iu(wt t and there Ml . Saki lSky. DO you want tO make a fur- ther statement? UNIDINITINIED SPEAKER: Yo u'iv t,ilkiny alr)ut two or three beats that have all this equipment on them, the vast majority of us have a light bulb on and maybe a trickly: charger and we're yett.ing stuck with an awful big We deserve a 30 or 40t discount on Pier I the same as the commercial fishermen. We've enjoyed that kind of dockage I would appreciate it if you would consider giv ng us a break and not sticking with the $20 for the electricity. 158 MAR 17 1981 Mayor Ferre: Okay, we'll come back to that in a second. Traugott and then Sakolsky. Mr. Bob Traugott: Mr. Mayor and fellow Commissioners, I want you to know that first of all, Mr. Plummer, we have stopped the abuse of the over -use of electricity because we patrol the docks. People are no longer leaving their air conditioners run all day long, we check this to make sure it doesn't happen. What has happened here is until October all people were being treated egaally. Live aboards were not paying extra money for living aboard until October. The rates are 16C for everybody but when they go to 21C in October then the live aboards are charged an extra 6�. This is exactly opposite from what they seem to want. 'There is no surcharge being charged to live aboards today, it does not go into effect until October and this was given as a consideration for people to make the adjustment. 159 MAR 17 1981 Mr. Plummer: Yes, but that's fine, but this Ordinance is effective October 1. and then there is a difference. Mr. Traugott: Then there is a difference. Mayor Ferre: Al Sakolski. Mr. Al Sakolski: well, I wasn't here when all of this transpired, Rev. Gibson was in the hospital and I was unfortunately out of the country. I feel that after listening to the things that were so serious as 4000 bathrooms on 60,000 sq.ft. of land, the City can take a moment or two to consider the heat owners in the harbor. I think that there are certain basic inequities in what has transpired here. 1 think that --hose inequities will bring themselves to the surface. 1'm. proud of this Commission, I'm proud of. this City, in due time -maybe a shorter time than most people think- I think that a City that cannot hire the personnel to run a Department is in1,.:c,i saa, sad demise. Thc° fact that we leave to turn over our Marinas, even if it is on a one-year basis, to any outside management company which means that the tenants could be enjoying a rent for 505.; less when we are paying an outside services is too much to ask for. Mayor Ferrc: Mr. Sakolski, we are not discussing that today, we've been through this argument now for 5 or (), you've got two more minutes to talk and then I'll cut %you off. ''ir. Sakolski: This is ;i }far:Jor Master's l'llistle, Maurice.... savor Ferre: itiel1, you blew that here and you are going to end up in jail. Mr. Sakolski: I just want to state one thing, Maurice. The thing that I have trio,'. to her across i-� the way this lease is written. The people have to pay for the pier that they have their boat on not the size of their boats. If the boat, let's say, 22c a foot it's not true if you have a slip with a 301 boat ............. and the marina wants to take it, then they are going to charge him for a 45 foot slip whereas the rates in most marinas in the City and through- out the country are based on how much per foot, the way the language is read Into this ordenance -:,as so much per foot but it's not true, they charge you so much per foot at dock, that's not the way it's meant to be, and that's not the way you'll find it except for maybe one or two marinas in all of South Florida, it's so much per foot a boat and I think that that should be com- mended, 1 don't think this Commission ever had the intention of petting that across,.'.:. and 1 think there are at least several inequities, as I said before, its a sad commentary that the City cannot do its own work. Maurice, one other ,nint. I know how concern you are with inflation, we are all concerned with inflation. I think that you could make this increase a fof more gradual, I can afford '.t and a few other people can but many, many peop.Le here cannot afford such a big shot (?) at one time. Unidentified Speaker: Mr. m-vor, mr,mherG of the rfn i {on c.n. about the Waterfront Board. There was no Waterfront'ioard un-Aft you brought it into existence. I might be said that boat owners have a bias, one of eco- nomic survival and in a different concept or philosophy of Dinner Key should be run. It should also had been said that the City Commission had a bias and that's the way you voted, but the Waterfront Board was put to- gether of people from the community without a bias, knowledgable people, informed people, and dedicated people. They heard the information, they heard the data, the ran surveys themselves and we appeared in front of them, many, many hours. They made a recommendation. Mr. Mayor, you said you would go along with their recommendation..... Mayor Ferre: I did. UnIdent IfIed Speaker:.... and Just a few minlitPc 1atc-r ,nu -,otel Fov the -or 4o.. that C:onunissioner Lacasa made. And my question to you is wh W out QXQ 1so 17 IM Waterfront Board, why the Waterfront Board, why any Board? Mayor Ferre: Well, let me answer that one. I'm perfectly willing to vote tonight for the Waterfront Board recommendation as I did last time. I made that statement. Now, if you recall, Lacasa went back, right over there where Traugott is standing, got together, you were there, you were there, there were several of you that were there and you were all hammering out something which you thought was better and it was my opinion that that was something that was a much better proposal.... I've got no problem voting with the Waterfront Board recommendation, that's fine with me. Mr. Lacasa: And for your information, tonight, before the meeting, Mr. Senatori has requested that I stay in that very same position and he is there, in other words that I still go for the same kind of motion that I.... Mr. Lacasa: He asked me to do it tonight. There he is. Unidentified Speaker: The President of our organization has endorsed your position on the metlj>n you made? Mayor. Ferre: Well, that s your problem with your own Board but don't come telling us about it. Mr. Senatori: Let me address that issue so that we all understand what happened here. I think that the other night Mr. Lacasa came to us during the meeting to discuss what was a resonable alternative initially. We discussed this alternative, we were feeling... the feeling was on the Board in talking; to Mr. Lacasa that we would not get the Waterfront Board's recom- mendation passed. That was the feeling that was portrayed to us, that there would be no way that we would get that passed, and what we decided to do was to set what would too. ?favor Ferre: Well, that certainly doesn't ... I mean, you weren't talking about me, 1 made a public statement here. Mr. Senatori: I will now ask you, Mr. Mayor, if you remember when we stood over there in a corner and I can recall talking to you about the Waterfront Board's recommendation.... Mayor Ferre: I am for that, and I'm for it tonight. I thought that you had worked something out with Lacasa, you were present and you said, this is what we prefer, that's the only reason I voted for that. I've got no pro- blems voting with the Waterfront Board at all. Mr. Traugott: So, anyway, tell us what you want Mr. Senatori: I'm telling you what I want, what I'm saying is..and I think that, you know, if you want to consider all the issues that we discussed tonight, -the electricity issue, that went before the Waterfront Board, the issue of how the rate increase was staged the Waterfront Board, they decided that the rate should be, you know, reasonable per vessel increase of 16C a foot a day, they wanted a surcharge of the electricity, $20.00, Mr. Lacasa decided he could live without having the sur- charge and that was part of our discussion However. Dart of the deal he wanted was a 21C a foot day rate 4n 'September or October. I am not sure abour the dare, and that was not what the. Waterfront Board wanted, they wanted 18. Mayor Ferre: No, no, no, the Waterfront Board wanted 20� in September, the difference is 1C.... Mr. SEnatori: Right, sir, it was 16C and l81�. Mayor Ferre: And 20c, that's what I recall, so the difference was 1c. Hey, I am perfectly willing tonight to move on the Waterfront Board recommendation as it is in its totality, period. There isn't one iota...I don't think there is any difference. What is the difference? Try to tell us if there is any difference, Mr. Stuart Sorg: Let me just make one statement, I was concerned also at the last hearing, Mayor Ferre I didn't get involved in teh new figures 161 MAR 17 1981 but I was under the imt)ression that everybody agreed to it and I'm told that the Marina Ten�.;:ts' Association did agree with Mr. Lacasa. Mayor Ferre: That's what I thought. Mr. Lacasa: And that is exactly why I was so disappointed when I saw the reaction a couple of days afterwards and the flyer that was being distributed at the docki, because that was the kind of coi:'promise that we worked out there, and I could have lived pretty well with the Waterfront Board's recommendation and in my view this was more advanta&eons to these peoi11e and in that spirit I moved it and then Lhev distribute' fl•;crs and said that I had railroaded the thing and all that, and todav i come he__+ jiid it is your own President the one that asked me to stay where. I the other day, so, make up your minds. Mayor Ferre: Wait a minute, Stuart, Stuart, I want to rake a s'_atenent into the public record. 1 was a witness, f was over Lhere right where Traugott is standing nowand Senatore, and Thomas and three or four other people were standing around and Lacasa and they were negotiating this whole thing and they all agreed, they said- that's much better for us. Lacasa came brick, made the motion, it was d1:1 `: S.'i i:il i'il alic' it was voted on, .' 1 I'll tell you, 1. was just amazed after to fin,i .,,,t that everybody was so upset against this thing. Mr. Carollo: What did that fl-;er state?, I'm, a ;ittit- curiouti now. Mr. Sel:.itCrt'. J ,, ,':iraLcd th.iL L!1uV LhOiIj�11L it was a une si6ed communica- tion, which iL was on tt,L second half of the proposal in terms of 21c a foot a day and a 6c only for liVe-,boards. I stood there and talker? to the _.av,�r, -1 calculates l out, used the Wat(-rf runt Beard's presentation of S26.00 a month for electricity.... i' ::r. )r�: ', y.)i c'rrl: Wlicn 1 c,_imc' before thQ Co-=iiision the last time, I made a to t'o "arina Te.nzints' Association to fi�_ht_ for their peti- tivn ar.d (7 w,;<r,'t to t irlt for it)_so .... I still .. ,idl 'ray the orit:inzI Waterfront Board raise. �Ir. Srnatore: .11. right, what I wanted to say, "Sr. Mayor, is that we stand by thc: W.lterf r .nt Board raise, that that's what we want. Mr. Traugott: All ";r ..,:nt at the Dockma-"Lel Office, we have hecn beseiged by tVlc,)iione calls from other people that are interested in the rates. I understand and although 1 have not seen them but the Commission has received calls from other people. What I am asking you if this is changed agair tonight, does this delay_ this whole thing?.We are trying to run a marina and get alon>? with it Mayor Ferre: No, no, no. On second reading anything can be amended, okay? We can amend anything on second reading and all we are doing is, if this is a second reading, this is it. Now, we can go back to the Waterfront Board's full i.-comm ndation and pass it on second reading, and that's the end of it. Now, Traugott, tel, me, what's the difference between one and the other? -1 mean really. Mr. Traugott: The differvii,,e is, I don't know what the difference is, if this what the City wants, this iJ what 1've g,ut to do. In the final analysis it's the City that makes the decisions and we will carry it out, but we want to know what we are doing. Mayor Ferre: Fosmoen, can you tell us what the difference is? Mr. Fosmoen: The difference between the two is a charge for electrical hook-ups. In the first reading, we were suggesting a surcharge for live- aboards of 6c per foot, per day and in the Waterfront Board recommendations there was a $20.00 a month charge for one(1) 110 volt. line, a $30.00 a month charge for two(2) 110 volt lines, and a $40.00 a month charge for one(1) 220 volt line. That's the difference. Mayor Ferre: Well, how much does all that amount to at the end of the year? Would you please tell me in simple English whether it's a.... 162 MAR 17 1981 i Mr. Fosmoen: There is not a significant difference in the amount that will be generated. Mayor Ferre: Wait, wait a minute Mr. Roth. Mr. Jennings since this is your Department, can you tell me if there is a significant difference between one or the other as far as the City is concerned? 'Significant difference'. Mr. Alfredo Rodriguez: Mr. Mayor, ghe Waterfront Board's proposal has to two basic problems. On teh charge for a hook up- how do you determine whether the plug is in or out? That presents a problem, that-s one problem The other problem is when........ Mayor Ferre: Traugott,...wait, wait, wait, did you hear what he said? because I want you to answer that. All right, repeat what you said. Mr. Rodriguez: When you charge for a hookup the criteria to make that charge valid to user is whether the plub is in the outlet or not. It presents us a nightmare as compared to a specific rate.......... Mayor Ferre: Okay. Mr. Rodriguz: The other problem is that you have a 40% discount and a 20% that..... Mr. Fosmoen: We've solved that problem. 'sir. Rodriguez: No, but if you taken as written by the Waterfront Board it is not clear. Mr. Fosmoen: We've solved that problem. Number 6 says: "Users of City Marinas who are entitled to more than one of the above discounts may select the most favorable but may not receive more than one discount", so we've solved that one out. Mayor Ferre: Okay, Mr. Roth. Mr. Roth: Thank you, Mr. Mayor, Father Gibson There is a significant differnete, I am surprised that staff doesn't know these fitures, It's just like the survey where its supposed to be based on Public Marinas on Public land ....... you take a 45' slip like mine, there is a significant difference between a 6C per foot per day for a live -aboard or 2-110 volt lines plugged in. The Waterfront Board proposal will cost me $30 per month. Under the ordinance, 6C per foot per day works out to $81.00 a month. I am not smarter than they are, but I took the time to work the numbers out (repeats statement) Mr. Roth: I just took the time to work the numbers out, is that correct? Mayor Ferre: You are an accountant. Mr. Roth: A 45-foot slip, 6C per foot per day times 30 is $81.00, 2 110 volts watts under the Waterfront Board's proposal is going to cost you (repeats same statement). �Mr. Sorg: Twenty five, thirty or thirty five ..... it's immaterial at this point. Mr. Roth: But the number is not there. 163 MAR 17 1981 Mayor Ferre: Okay. All right, Mr. Roth.... Mr. Roth: Please, let me finish one mpoint and I'll wind up. The purpose of live-aboards' charge -that Father Gibson was, I think, the leader of this many months ago, these people should be paying for electricity, we should be paying for it, no question about it, but at 6C per foot per day you are going to have one horrendous enforcement problem, as I have indicated to each of you. They are going to have people that sav, we don't live -aboard, they air conditioners are running, I've seen it over the years on the Marina Operations Review Committee they are using 4-120 volt lines at 6C -)er foot, they are stealing. from us. I urge you to go back to the Waterfront Board on this. Mayor Ferre: Okay, Bob. Mr. Traugott: Mr. Mayor, we are only talking about a temporary thin;. The Waterfront Board also suggested a surcharge in October of $2.50 a day Mr. Sor(?): That was administration. Mr. TraugnLt.: ok,„%-, let me say that it would be impossible to see who is plugged in and who is not plugged in because we will have to have security thrnus h,�ut the night . We believe there should be a surcharge for live -aboard users. *t-3vor Ferre: Okav, Bob, and then Ernie, back to you, I mean Stuart. Mr. Sorg: Mr. Ft.rt'e, I think what's important here is that for 10 years this has btcn a major confrontation for the City of Miami(?) and we resolved this in the 'v;at,-rfront Board, the tenants were satisfied, the rates were agreeable, we came in an orderly fashion and I think what we've done is we progressed, we progressed enormously to this standard which we then adopted, we don't want to lose people at this particular time. Mayor Ferre: Okay. Mr. Sorg: I really encourage you to stay with the Watefront Board's recom- mendation at this particular point. Mayor Ferre: Now, let's wind this thing up. Administration, do you agree with that now? Mr. Fosmoen: There is going to be an enforcement problem, Mr. Rodriguez is right. Mayor Ferre: Well, I'll tell you, if there is an enforcement problem, why don't we then bring it back and then will revert back to this other system. Mr. Fosmoen: MighL I make this suggestion? We try the Waterfront Board's _recommendation.... Mavor Ferre: That's what I think. Mr. Fosmoen: ....we find out how much of an enforcement problem there is and we make those rates effective immediately rather than waiting until October, with thv 520.00/mo charge and the 110 line now, rather than waiting until October.... Mayor Ferre: Okay, tat's a compromise. Mr. Fosmoen: ..so that we can find out how difficult it is to enforce the provisions of the Ordinance. Mayor Ferre: Can't win, wait, wait a minute, Ernie, wo are about to wind this thing up. As far as I'm concerned,..Bob, dut':; anybody have any big 164 MAR i 7 1981 4 i Hang-up about this? Bob? Mr. Traugott: I just think that it is impossible to.... Mayor Ferre: All right, look, if it's impossible and the Administration says that we can't do it, I'll leave it upon you, the Administration to bring it back in a month, in two months or whenever it is that we, we can do so in October, is that it? Mr. Fosmoen: To determine that, we should make it effective immediately. Mr. Plummer: Well, you know, the thing you are not addressing, okay?, where the hell can anybody go and get electricity, living in a structure, whether it's a boat or a house, for $1.00 a day'. That's ludicrous, that's ludicrous! Mr. Senatori: J.L., part of the problem.... Mr. Plummer: Wait a minute, wait a minute, I'm sorry, I was quiet while you spoke, I'll ask the same. Let me tell you something, do you want to go that route? I'll go that route. You get an individual meter and you pay your own electricity. (APPLAUSE) No problem, I've got no problem, let them pay their own meter. Mr. Senatori: We've got no problem with that: whatsoever. Mayor Ferre: J. L. Plummer, folk hero. Mr. Plummer: That's a soap opera, "as the meter turns"... Mr. Fosmoen: Commissioner, if we can never move off this point, the first thin; that will be done when the docks are rebult as the meters will be installed. Mr. Plummer: You know, everybody pay their fair share. Mr. Senatori: We have no problem with that. Mr. Fosmoen: And we intend to do that when the docks are rebuilt, Com- missioner. Mayor Ferre: All right, as far as I'm concerned, I'm willing to go as I always have said with the recommendation of the Waterfront Board. Mr. Plummer: No, Mr. Mayor, let me remind you of something, sir, it was your proposal that said -because you and I had a disagreement on this- your proposal said that you were going to vote on no less than 80% of 12 com- parable marinas, that's on the record, Mr. Mayor, now I'm just saying that's the statement you made before, that's why we sent them out and had them survey other marinas. Mayor Ferre: Well, isn't that basically what the Waterfront Board....? Mr. Plummer: Absolutely not. Mr. Senatori: 7.et me say ... wait a minute,I would like to address that issue. "We went to the Waterfront Board with the figures. In your survey -if you want to go back to it- you included Turnberry Isle, which I would not consider a compatible facility for Dinner Key. They charge 65c a foot a day, at Turnberry isle, and you can't tell me, you know, that we have the same faci- lities and same benefits as Turnberry Isle in Dinner Key. What we did was go to the Waterfront Board, that's what we have a Waterfront Board for, to bring out these issues, to go out and show them, and what they did is they calculated the rates and they recommended the rates that they did and the rate structure they did and we stand behind the Waterfront board, that's what we went there for, that was our quorum to this issue. Mayor Ferre: It's almost 11:00 P.M. and we've got at least three more hours of work. As far as I'm concerned, I'm going to vote for the Waterfront Board's recommendation, period. Now, as it is, that is one hell of an increase, and we can come back , since we are not putting, this we are not going to put this thine, on an index, which in my opinion is foolish, on your part, because if you index 165 MAR 17 1981 U 4 you are a hell of a lot batter off than to answer or future Commissions that are going to be making surveys, bur, you don't want to index it?, okay_ we'll see you again sometime next year. (INAUDIBLE BACR(7ROITND COMMENTS FROM THE AUDIFNcr., OFF THE PUBLIC RECORD) . Mayor Ferre: Okay, what's the will of this Commission, because we need to get one. Mr. Sorg: Mayor Ferre, what's important is that the Waterfront Board's recommendation will give the people a year to decide whether or not they can stay on the docks or. not. Mayer Ferre: Yes, I think that's a good middl.P ground, that's a move in the right direction. Alan Bliss: (Statement inaudible (Microphone failure) Mr. Carollo:Dick, at the rates the Waterfront Board suggested, how much would it come: to, for a 30 foot slip and a 40-foot slip. Mr. Fosmoen: A thirty and a forty?... not for the sailboat rentals but..... Mr. Carollo: I'm talking for the rates that the Waterfront Board recommended. Mr. Fosro en: ih times 40, Mr. Carollo: It's 16C what I am talking; about, correct? Mr. Bliss: It's 10 times whatever the slips' size is times the...... Mr. Fosmoen: It's 98.40 a day for a 40-foot slip. Mr. Bliss (Inaudible) Mr. Carollo: In other words, what they are recommending is 151. Mr. Fosmoen: Yeas, it's a $8.40 a day..... Mr. Carollo: is their recommendation wtill that it comes September or October that it he raised to..... Mr. Fosmoen: Twenty cents, is the Waterfront Board's recommendation. Mr. Senatori: Mr. Carollo, answering your question, for a 30-foot slip it would he about $149.00 including the 4% tax, and for a 40-foot slip it would be $199.68. At the present time, pier I was mentioned earlier, the dockage there would change from $60-00 to $199.00 and the smaller slips would to to about $149.00 Those are the less -desirable slips at the Marina along with the bulk -head slips. Mr. Carollo: Senatori, the lower figure or the higher? Mr. Senatori: This is at the 1.6C figure, sir. Mr. Carollo: So we are still talking now well in excess of $200.00, it goes up. Mr. Senatori: (Repeats same statement) A 166 MAR 17 1981 6 11 Mayor Ferre: Okay, let's move this, it's almost 11:00 o'clock. Mr. Bliss: Mayor Ferre, would you just answer that?.... you helped us out 2-years ago. If you don't help us, we will be completely out of business. Mayor Ferre: Listen, I don't know how to answer that, I can't make that kind of an arbitrary decision. Mr. Fosmoen: They are entitled to the commercial discount. Mr. Bliss: (statement inaudible) Mr. Fosmoen: And I would also remind the Commission.... ;tayor Ferre: What are you saying, Bob? (INAUDIBLE STATEMENT OFF THE PUBLIC RECORD) Mayor Ferre: I'll tell you what, that's fair, we'll refer this issue.... I am going to vote for the Waterfront Board's proposal as is, as far as I'm concerned, that is my vote, and then that issue with regards to...you deli- berate and bring it back and recommend. In the meantime, you have a 407; discount, which isn't bad. Mr. Carollo: Mr. Mayor, I cannot understand why we can't decide on this gentleman now, I mean, what games we are playing. We send him back to the Waterfront Board, they plav their game there, they send him back to us, I mean, he is here today, this Commission is the one that is going to decide. Mayor Ferre: Fine, Carollo, you can do that, but I've already made my posi- tion, you state yours, you know, that's fine, whoever has three votes has the majority, let's go, make your motion and I'll accept it. Mr. Carollo: Well, the motion is to decide on this man tonight, while we are staying with him. Mr. Sorg: Mr. Carollo I think we would benefit from a long hearing before the Waterfront Board and not at the City Commission level. You simply don't have the time..... Mayor Ferre: That's why we have these Boards. Mr. Carollo: Well, that's your opinion, Mr. Mayor, in my opinion we have so many of these Baords they are pretty darn stacked so then members of this Commission could have an excuse for voting a certain way. Mayor Ferre: Make your motion, if you have one. Mr. Carollo: There is no sense in making a motion that I know is going to go 4 to 1, Mr. Mayor. I see where we are heading to, there is no sense in making that motion now. From what I see, ladies and gentlemen, the so-called rates that have been presented to you tonight is the fairest deal that you are going to get from this Commission. I think they are darn high as they are and I am not going to vote for it because they are too high. What we are doing is, we are building a City that is only going to be built for a group of elitist and we are forgetting about the 90 plus percent of the Miamians who can't afford these huge rates and come next year, and when next year comes 167 MA-' 17 198t; and the election is out of the way if there are any survivors, I guarantee you they are going to try to raise some 30C plus cents, or more. And this is what I'm against, this City is made up of 90 plus percent of working class people, middle income people, the people that made America and we are treating them as if it was a City that was made up for millionaires only, and this is what I'm against. Mayor Ferre: Okay, I guess I'll revert back to your motion, I'm going with you, go ahead make your motion, I'm going to vote with you. Mr. Lacasa: I move, on second reading, item 61 in the same way as it was passed on First Reading. Mr. Plummer: I second the motion. Mayor Ferre: Okay, call the roll. I'm voting on the original motion, I am reverting back to where we are rather than going along with the Waterfront Board, I'm now changing my position. Mr. Senatori: Can I ask you why you are suddenly changing. Mayor Ferre: Just arbitrarily. Mr. Senatori: It was five minutes ago that you said you would vote for the Waterfront Board, and now you've had decided not to. Mr. Lacasa, are you changing your motion also? Mr. Lacasa: I'm changing anything, I am doing exactly what you asked me to do when I got here, to stay in my position and I am staying in my position, that is my motion. Mr. Senatori: The motion is 16C until September and then 210 Mr. Lacasa: The same motion that I moved at the last City Commission hearing which passed. The one that you asked me to restate today. Mr. Plummer: Mr. Mayor, I ask for a 10 minute recess, let this thing cool off. People are flaring up here, I'm not going to sit here with that kind of thing going on. Mayor Ferre: The matter is before us, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE XMENDING SECTIONS 53-86, 53-87, 53-88, 53-89, 53-90, 53-93 AND 53-94 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, WHICH ESTABLISHED DOCKAGE RATES AT DINNER KEY MARINA AND ANNEX, MIA24ARINA, AND THE WATSON ISLAND MARINA, BY REPEALING SAID SECTIONS IN THEIR ENTIRETY AND SUB- STITUTING THEREFOR A NEW SECTION AUTHORIZING THE CITY MANAGER TO AINNUALLY ESTABLISH AND ASSESS NEW DOCKAGE RATES UPON CONSIDERATION OF DESIGNATED CRITERIA; ESTABLISHING AND ASSESSING NEW DOCKAGE RATES PURSUANT TO EXHIBIT A ATTACHED HERETO; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first readi.ig by title at the meeting of February 26th, was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Lacasa and Rev. Gibson. NOES: Mr. Carollo and Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9251. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 168 MAR 17 1981 ON ROLL CALL: 4' Mr. Carollo: Before I vote I would just like to repeat again my reason for voting the way I'm going to on this. I really feel that you're not going to get a better deal, if I may use the expression, from the present Commission that you have here than what they're offering you now. I can't vote for this because I think the prices that we're asking people like the majority of you here to pay are just outrageous. Our country was founded by men of high ideas and high goals. Many of these men were very wealthy. They were the type of men that put down all their wealth for the sake of their country, for the sake of their fellow men and some of them lost all that wealth because of their ideals and their principles. These weren't the kind of men that went into government to take from it, they were the kind of men that went into government to give to their people. I just hope at least some members of this Commission go into history and learn a little bit about the history of our country and the type of men that founded it and the type of principles that this nation was founded upon because I think that this City government is turning so far from it, govern- ment is supposed to be the servant not the master of the people. I vote no. Mr. Plummer: My vote is predicated on the fact as it was in the previous vote that these rates which are being proposed are 20% less than in the survey that was taken by the Yachts and Docks Department. Further to that, we added the discounts which could be afforded to people on I think it is 3 different occasions. Basically, what I am saying and have said all the way along, I do not feel that government should be in competition with private enterprise. I think government should provide a need when it exists not be in Competition and charging less than private enterprise who pays the taxes of this community. I think the people who choose to live aboard of their own desire should have the right to pay their fair share. I'm not going to rehash the entire thing but if they were a home owner they would pay for police, fire, sanitation, their children going to school through their ad valorum taxes. My basic philosophy is I'm opposed to the municipal government being in competition with private enterprise since these rates by the survey taken by our people show that it is 20% less than that of the private sector. I vote yes. Mayor Ferre: I Suess it is late in the day and it has been a lcno and dif- ficult day and I think tempers flare and so on but I guess I've got to be consistent with my original statement about voting with the Water Board so I would vote no on this particular motion. (APPLAUSE FROM AUDIENCE) Mayor Ferre: No, don't applaud, it was 3 to 2. INAUDIBLE Mayor Ferre: Who made the motion? I am the chairman of this committee and the motion was not made by me and I can vote any way I want. Okay? And I voted how I felt. Now that is the end of it. [►►!rill j I 1%_� v l 68. BRIEF DISCUSSION AND WITHDRAWAL OF ITEM: .AMENDMENT OF ARTICLE XXI-3 GROUND LEVEL PEDESTRIAN OPEN SPACE. Ma,lor Ferre: Now we're into the Planning and Zoning agenda at this time and we'll take up item #1. t•ir Fosmoen: Mr. Mayor, can we save ourselves some time on Item 1? The City Attorney tells me that it was not properly noti,:-ed and we need to go back to square one and start the notice procedure over again. Ma,Yor Ferre: Item 1 on the Zoning Agenda? Mr. Fosmoen: That's correct. Mayor Ferre: Not properly noticed? :;r. Fosmoen: That's .orrect. tis. Janet Waldman Cooper: Mr. Mayor, not only was it. not -roper- noticea iu-- it is d cr+i `.c,t-c- denied and pursuant to Article XXX, Section 13 of the 'o-nin,: Ordinance...... the petition fails to act within 90 days of the time it is :nought up before the Planning Advisory Board..... denied. This ite; ha- been before the Commission at least 1.38 days and nossibl,: more than icl da-:s because that's the time that it was designed before the Planninc Advisory Bo:-:ru. Therefore, 1 feel that not only is it necessary to go back n_:~ice it aciain but it must be a new application, it gust go back before 'ianninr. Advisory eoarc3 for public hearings as well as proper notice L�j':`2C t.`1C COl;St11J510:1. M . Fosmoen: It is an interesting discussion but the City Attorney does not acree with that second statement. Mayor Ferre: All right, Item 1 is being deferred? `I. Fosrioen: We'll withdraw it and go through a proper notice procedure and Lc i.a::r; as soon, as we can get it. Mc,yor Ferre: The Manager, the administration has withdrawn Item 1. IYU 17 1981 4 69. SECOND READI',iG ^.ENG,E Z 1%:G CLASSIFI- Pir:O� . -' .CAT ION 455-47'� N. 1q- S- All ORDINANCE ENTITLED - AN ORDINANCE A -!ENDING ORDiNAN("E NO. 6F?'171, i : CC:dDREHENSIVE ZOt1ItIG OI2DIiv;i?ICL FOR THE CIT'i Off' iv.1- - CHIANGIN• ; THE ZONING CLASSIr'LCATION OF LOTS il, 1 a?iD 13, BLOCK 53N, MIAMI NORTH (A. L. KNOWLTON) (B-41), bEING APPROXIMATELY 455-479 N.W. 6Tii STREET, FROX, C-` (LISEtv'ii. : CM.VERCIAL) TO R-4 (,1EDIUM DENSITY MULTIPLE), i1;v".; B:' 'lAY.i,;G THE NECESSARY CHANGES IN THE ZONING DISTRICT "AP IMIADE A PART OF SAID ORDIN- ANCE No. 68''1 Y RZFERE:C:E AND DESC._ _�C? IN ARTICLE III, SECTION 2, THEFI:OF; BY REPE:L:.Itic.; ALL ORDINANCES, CODE SEC- TION_-, OR PARTS T11ERE01' IN Cr''NF LICT; Ai'.D CONTAINING A SEVER- Al.:ILIT'i CLAUSE. j .. _ . , .. its, : . � r uaal b1 title at the meeting of February 26, was -�li) ,'): ...._, 3'..:JP... ci..�.. i—riL-'i rea3 lnq by title and aCOptlOn. Ort LL---usa, secGnde d by Commissioner Plummer, the Or3inarcr was s S(_:cn.- and final reading by t-t-e and Passed and Cc:-srissioner Joe Carollo Commissioner Annando Lacasa Ccrnmissioner J. L. Flummer, Jr. diet_+-M:Ayor (Rev.) Theodore -R. Gibscn ':ayuL Xaurice A. Ferre NA - into the public record and announced j:i•': rC:• ,'riff i}1L'. to the- meibers of the City Commission and to the .'i`.-;'... ,... �. ,.'.. ...`,c 7rGbiem with •1. now? withdrawn? i'eirThe City Attorney has ruled that we "3idn't properly notify. ;; ..... yo'a e ,lain for the record, Mr. City Attorney, why you came to that ::ciusion: :' :Eery Percy: The ordinance requires a mailed and posted notice for frets of ti-,is type from the Planning Advisory Board and we have been advised t;r.icht that that procedure was not followed in this item. Therefore, we c'nclude,i that it has to be renoticed. The seconds Mrs. Waldman raised as t. tiie matter bell-.g construed denial, we don't read the ordinance in the �^<< f.-,sh;,)n as she does and based on the Commission action last time by :cl%tiny a First Reading we will conclude that legislative action has been t_J,er, and, therefore, tnat continger.t is fallacious. _'.F: DILLE CO:a:L:t.T FROM AUDIENC h:. F'erc:y: Fi rst Reading. Correct. x ;. Waldman: Mr. Mayor, may I ask a very brief...... Mtyor Ferre: Thu City Attorney for about 30 seconas, Janet. X— t;aldmar.' The way that that section reads pursuant to the denial doesn't s..y t_hat if the City fails If the Commission fails to act, it ways if there is a failure, 1 there is no legislative decision... I submit to you, sir, that if there wire d decision we wouldn't be here tonight. There has been no ,,, tual decision made. M- lcr y: The Zoning Ordinances require two readings, Ms. Waldman, and the rut kt•.„ii:;n_ _ _ _ _ _ 171 M,P+R 17 1981 70. DL,q-IAL OF APPLICA110 FOP, CFA..GE OF ZO..i.;G: 5650 ... 1.. COLRT FLO'; C-1 TC, C-4 Mayor Fcrre: Now we're on Flagship National Bank from C-1. to C-4. The Planninc Department recommended denial, the Zoning; Board recommended denial. Is the applicant here? Okay. Are there any opponents here that wish to he heard:' The Chair recognizes the applicant. Mr, Alfred Aroncvitz: Mr. Mayor, members of the Commission, ,r.y name is Alfred Aronovitz address is the City \ ticr,al lank Buildinc in "ii:Imi. I represent the anptacantS in this hearing. This property is Iecatcd west of Bisc•av_ne Boulevard and bounded on the west by the tracks ,:i;ir i---C-djately %-'est of the TalITC`iCi track is (inaudible) -ioundrd ei: tl;o sc�:ith In, ti' C..--- property and bounded ;It the tri-angle by bU\:Il"i'd on the i-wrth of tll1S property tliere i3 a prott-ssic•naI 1?ui ldn ie,, in_';l . ord, of the professional building, the property owne. by the Nertthc•ast '',i;a^ii Women's Club. And they also own the corner on the other side on the south side of the street of the tNot; on the east end and north portion of t}Iis property it i - hounded by C-1 . i;e are seeking to have this property rezoned because of the configuration of the area _ l-iccessab11ity, tfie pro1)1ei'.s that Care attendant to the' d e v e -mk-1t, '1v client:. believe :hat this property is fully utilized as C-4. And that the area lends itself to this development. To acquaint you with the Phan, I have some pictures that I would like to show the Commission This is the old Food Fiar parcel that is the south portion of my clients property. This is the Biscayne Boulevard looking north and ti.is is the professional building immediately north of this site as it is here. Now immediately north of my clients property the owners of that parcel have filed a letter with the Commission indicating that they have no objection to this rezoning. The condition of the parcel west, along; the railroad track, and we are able to show here so you can see that there are areas that any development in this area would be an imporveme nt over the conditions that presently exist. I have here g;raphic;a'.ly shown the arras around my clients property and the zonine. We have in red the C-4 zoning which you will observe is south of 55th Street and toes along north 55th Street, the old General Tire parcel that'-, presently being used for an automobile establishment, that is ialso going, to have- a car-wr,,;h there, And north of my clients property, is C-1. Now the' east part ir. ("-l. The Northeast Miami I•lomen's Club have filed their letter indicatia;:; that they're in favor of this application and st) il:ave t Ij, c wi�c r vrofessional buil dine immediatel.v north of the property. TO the same t'ficct, the owners of the propety to the south of my clients parcel also indicated their approval at this time. Now we submit that the area is right for the zoning that we requested and to grant the zoning; request would he in conformance with all good zoning techniques Now we have received letters of interest from tenants that would uti:ize this site as a C-4 area which would, we believe upgrading of this location. While I know you Commissioners have seen pretty pictures that don't always turn out to be so pretty, my clients have have had designed an elevation of this site. I would like to show you what we do propose and what will be done if this zoning; request is granted. I have Mr. Tobin here who is the leasing agent for the applicant and he can show you, and I would like him to show you what we intend to place on this site. 1`�2 11 " 17 T9sl i 6 Mt. Jack Tobin: Gentlei,ien, my name is Jack. Tobin. I have offices at 1905 Arthur Godfrey Road, Miarai Beach. What we're showing here is a rendering of our proposed building, a store of attractive design with a canopy, a bronze canopy, stucco and bronze tinted glass, shown with proper landscaping, parking and entrance. A building that would obviously be a benefit to what is now a vacant deserted parcel. This building. This building would obviously be constructed to conform with the City Code and subject to all other requirements. Father Gibson: All right. Anybody else? Yes, sir. All right. Mr. Steven Heintz: My name is Steven Heintz. I am Chairman of the Morningside Civic Association. I have with me Loretta Camp of. 484 N.E. 50th Terrace, John McDaniel of 690 N.E. 50th Terrace, and Pamela Fernandez of 640 N.E. 52nd Terrace. All members of our association. I would like to read into the record a letter from the President of the Northeast Miami Women's Club, Mrs. Helen Geiger. At the time of signing, a statement in favor of the proposed change of zoning from C-1 to C-4, at 5650 N.E. 4th Court, we the Northeast Miami Women's Club were unaware of the possible uses for the C-4 district. We were also told that the owners would be establishing a continuation of Decorator's Row. We were given the impression that changing the zoning to C-4 was necessary_ before a business could be established at the above mentioned property. We do hereby rescinu the letter dated December 30, 1980 in which we approved the change of zoning. We wish to express our desire to retain the C-1 zoning; for the above mentioned property. I'd like to remind the Commission that the Planning; Department has recommended denial of this change from C-1 to C-4. The Zoning Board has also recommended denial of those changes. Cis-ic Association, a group of homeowners in the immediate re, till -it you dcry this change. The President of the ioiut ..ow�cwn�r;, Association has also recommended that you deny this note. liyou do implement this "change from C-1 to C-••, t1le will be going against its study, The Biscayne Boulevard Study, CiLV of Niami Planning Department, dated 0(tc')er tlf 1979 :n whi,`n tilt' Corrzndssion commissioned the Planning DcplrtMc:;t tf• ti:� :! SLULV of the Northeast Section and this study proposed that the typt, o, buL�iiicsses that would be allowed in the C-4 ruling are not ;iy;rceablu. Father Gibson: All right, anybody else? ``,r. Anthony Blanding: My name is Anthony J. Blanding. I'm an attorney and I represent the owners of the property on Biscayne Boulevard, lot 15, lot 4 52, that would be east of the property in question. I was the only objector present at the boards meeting prior, and I'd like to reaffirm our objectionsi to the broadening of the scope of zoning which in fact detracts from the area rather than upgrade the area as was reco::mended by the study that was just alluded to. It is our hope that any of these projects intended by the developer could be drwn within the C-1 Code already allocated this particular parcel. if it's broadened it to a C-4 and its uses certainly could prove detrimental and there is no way for this Commission to restrict their uses after a zoning change was awarded. Thank vou. Father Gibson: Anybody else? Mr. John McDaniel: John McDaniel, 690 N.E. 50th Terrace. I've lived in the neighborhood for 23 years and I believe that what we have in there now... I'd like also speak to the management and this non -conforming of C-1 zoning. these people are going to apply for C-4, 1 don't know by this record ... that what we have right now, I just don't believe it would be quite appropriate. The zoning change I do question bemuse I'm in C-1 zoning. We would have offices, professional or business. We could have an interior decorating sale, office furniture, or equipment which possible under C-4 we would have a possibility of bringing into our neighborhood astrologists palmists. fortune telline. Dawn shops, second hand shops and the ones that really, that affect our neighborhood and we really would not like would be the possibility of adult book stores, adult motion picture theaters, massage parlors, adult ist 173 MAP, 17 198t Mr. McDaniel (continued): private dancing and escort services. Within 500 hundred feet of this structure, we have many apartment buildings which 1 also believe could not use this extra traffic which would be generated through the area. We have no direct access to Biscayne Boulevard from this area. And the Women's Club has already stated their change from the property just north we would like to use C-1 as a buffer zone, between C-4 and residential properties. The residential properties directly north of C-1 and on this side is not occupied, I believe, and after that there is a resident which the resident we have spoken to, a Doctor John _ Kennedy was not notified of the proposed change in zoning. As stated before ®_ we also do have a large quantity of C-4 zoning on N.W. 7th Avenue. We have a high vacancy rate and I question the validity of changing if possibly, this could just be a chang e for resale value. And you say the property will be what the next owner skip that the new storefront will be added on. There's nothing to hoold you to that. and also could be added on, adult movies which we really don't need..... Mayor Ferre: Okay, next statement. All right, what's the will of the Commission on this item? Mr. Lacasa: Mr. Mayor, I move that we uphold the denial by the Zoning Board based on the fact that the proposed change would conflict with the City's Comprehensive Neighborhood Plan. Maynr Ferre: Is there a second? Father Gibson: Second. Mayor Ferre: Further discussion? Mr. Plummer: Well Mr. Mayar, let me discuss what I've said before. I'm not in accord with that. I'm not in accord with the application, but I'm not in accord with the motion as presented, but I'll probably be forced to vote for it. I think it is reasonable, if you look at the map, that to make it uniform, that we should come across the top which from what I'm looking at is approximately 2 1/2 lots and convert that C-4 because I do feel that it would be in conformity with the rest of the zoning maps and it's not a zig-zap portion. And I have no problem, Mr. Mayor. I think that we should increase that line, up to that line straight across so that it is not a zig-zag pattern. I would hope... UNIDENTIFIED SPEAKER: '!ay I suggest to the City that the objectors here are from 50th to 52nd Terrace are south, actually south of location as I understand that, with the exception of the Women's Club which is north. And the reason for the C-4 property south....... Mayor Ferre: Further statements? If not, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption - MOTION NO. E1-215 A MOTION TO 'UPHOLD THL RECOMMENDATION OF THE PLANNING DEPARTMENT AND ZONING BOARD FOR DENIAL OF APPLICATION FOR CHANGE OF ZONING AT 5650 N.E. 4TH COURT, FROM C-1 TO C-4 Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: 174 N�A R � 7 1981 1 I .6 AYES: Commissioner Armando Lacasa Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None ON ROLL CALL: Mr. Plummer: Well, I made the record clear. I do feel that we should extend up to that line. I have to vote no. I'm sorry. 71. ACCEPT PLAT: B.L.J. SUBDIVISIO:. Mayor Ferre: We're now on item number ... all right, I'll tell you, we can read these plats very quickly. Let's take these plats and get a lot of people cut of here very quickly. Take up 18. Is there any problem with 18? The Plat Street Committee recommends. Is There a motion? Mr. Carollo: Move. Mayor Ferre: Moved b,,• Carollo. Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion? Call the roll on 18. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-216 A RESOLUTION ACCEPTING THE PLAT ENTITLED B-L-K SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATION 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). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 175 3 MAR rj 1981 72. ACCEPT PLAT: GROVE. "iOL-: TAIi' Mayor Ferre: How about 19. Is there a mocion? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. Is there i second? Father Gibson: Second by Gibson. Yes, sir. Mr. Mike Anderson: Mr. Mayor, I just want to say I don't have a problem on 19. However, it doesn't encompass this property on Cornelia Drive. Cornelia Drive is recommended to be narrowed by The Coconut Grove Study. And this plat, the people are being required to dedicate more property that maybe needed. I am not the official whu represents the property owner, I ao not want to see the the plat held up, but I would like to suggest tliat the `-anning .'evisory Board review this since I represent the people on the west side of the street. I would like to see if possibly someone would consider reducing; the zolIVU street width. Mr. Plummer: Well that's a different story, Mike. Mayor Ferre: Look, are we going to vote on this or do you want to defer it or what? Mr. Anderson: I'm not asking that it be held up. All. I'm asking is that you consider it at the same time you're considering... Mayor Ferre: We'll take your matter up later on then. In the meantime, we're voting on 19. Call the roll. Call the roll, please. The following; resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 81-217 A RESOLUTION ACCEPTING THE PLAT ENTITLED GROVE MOUNTAIN A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 176 MAR 17 1981 73. ACCEPT PLAT: SOUTHGAGE VILLAS - YI:;TORARILY LLFE"KRZI) Mayor Ferre: Take up 16 on the plat. Plat Committee recommends. Is there any objections to 16? Mr. Lacasa: Move. Mr. Carollo: Move. Mayor Ferre: All right, it's been moved by Lacasa seconded by Carollo. Further discussion? Call the... Mr. Plummer: Wait a minute, whoa, whoa. This is N.W. 6th Street between 4th and 5th Avenues. Now Mr. Mayor, we talked about earlier about parking in that area possibly for relief of the downtown. ,'hat is teat going to do if anything:^ Mayor Ferre: Well you can't hold up a platting of property based on that. Mr. Plummer: Okay. I have no problem. Father Gibson: Mr. Mayor... Mr. Plu-rimer: Call ... Mayor Ferre: Father. Father Gibson: I believe that a commitment was made by HUD, by the County not to chance this property or do anything with this property unless they first confer with the people over in that area, the committee. Mayor Ferre: Has that been done? Mr. Whipple: To the best of my knowledge, that has been done... Mayor Ferre: Do you want to wait? Father Gibson: Let me say this. If we do it, you know I'm going to be back here getting it undone. Mayor Ferre: You can't do that. What you can do is hold it up. Father Gibson: I ask that it be deferred. -Mr. Plummer: Second. Mr. Whipple: Commissioner, if I may respond to your concern. The development that is BUD sponso<<d, which is housing. has been through the Zoning Board for site plan approval. In other words, the property owners have within 375 feet have, to the best of my information, been through the committee in the area, have been endorsed and have pushed by everyone concerned, using that term, It is approximatley 12 or 13 townhouse units which are... Mayor Ferre: Hey look, I didn't mean for this to take so long. I apologize. We're going to have to wait until the end of the meeting. If we can't vote ... Mr. Plummer: The motion is to defer. 1'7'7 FAh'R 17 1981 ist Mayor Ferre: Do you want to defer this? Mr. Plummer: Father's motion is to defer. Mr. Fosmoen: I understand that, Commissioner. But there are some answers to the reason for his deferral. Mayor Ferre: I am not going to accept any disucssion. I thought it was a non -controversial item and wait your turn. That's it. You're item number 16, we'll take you up in turn. 74. ACCEPT PLAT: iNASHER SUBDIVISIOi•i Mayor Ferre: Now how about item number 17. Is that going to be controversial tuo. Anybody have any problems with that one? All right, is there a motion on 17? Its been moved by Lacasa. Is there a second on item 17? Father Gibson: Second. iaVor Terre: S)uconaea oy uiDson. rurLnur ul`JluhblVll. Lail Lill' LVll. Mr. Plummer; it's out of order. There's a motion on the floor. On 16. Mayor Ferre: What was the motion. Mr. Plummer: The motion was to defer. And it was duly seconded. Mayor Ferre: But I asked you, J. L., to withdraw all these things on issues that are controversial. The only reason I took these things out of order was because everybody said, please let us go home, It will only take us 30 seconds. Mr. Plummer: Father, do you withdraw 16? I'll withdraw the second. Mayor Ferre: We'll take it up later on. That's all. I mean, do you want to argue about it, fine. That will take 10 minutes. We're on 17. Call the roll, please. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-218 A RESOLUTION ACCEPTING THE PLAT ENTITLED HASHER SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE LEDICATIONS 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). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: (CONTINUED ON NEXT PAGE) 178 i G AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ABSENT: None 75. DEi.IAL OF APPLICATIO?' FOR CHANGE OF ZOi L,G: 25 i4.W. 35th STREcT FR021 R-4 TO C-5 Mayor Ferre: All right, what happened to item number 6. Is that where we're at? Item number 6. This is a recommended denial. The Zoning Board recommended denial. The Planning Department recommended denial. Are there any objectors here? Anybody objecting to item 6? Mr. Plummer: Put it up on the wall. Mayor Ferre: He wants to go from R-4 to C-5. And that would be an intrusion now into a residential area. Mr. Plum:.er: Didn't we have this once before? UNIDENTIFIED SPEAKER: No, sir it was... Mayor Ferre: Go ahead and make your statement into the record. 'fir. Pedro DeLeoni Okay. My nam? is Pedro DeLeon, I am an architect, 2525 S.W. 3rd Ave. Withoug question it is an R" with a peculiarity on the R-4. You have to take a good look at the Plan. It is hounded on the one side by an alley. Then it is bounded on the right side by another alley. O'cay. So this is an R-4 and it sould continue with the R-4 for 2 untts apartment building, that would be income for the people living there because you have a dark alley in the rear and another dark alley on your right side. Of the 2 if you see on the map, we are bounded on 3 sides. Okay, in teh rear by C-4, the right side by C-5 and then across the street. Okay, we are C-5 too. So that Means people living there, the people across the street of the C.-5 of the 2 --rce.i .lotc, -.-e par;; cars there. So we have here is R-4. And the only thing was we wanted to do is put commercial small stores. Now at the zoning appeal board we cannot, the intent of the change is to put up a small commercial building on a C-1 would be fine. But we cannot go for a C-1 permit. We are by the code of the orcinance C-5. The intent is not to ask for C-5. Mayor Ferre: All right, further discussion? What's the will of this Commission? Father Gibson: Move to uphold the board. Mayor Ferre: A motion to uphold the board. Is there a second? Mr. Plummer: Second. Mayor Ferre: All right seconded to uphold the board. Further discussion? Call the roll. ist 179 MAR 17 1981 141 The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 81-219 A MOTION TO UPHOLD THE RECOMMENDATION OF THE PLANNING DEPARTMENT AND ZONING BOARD FOR DENIAL OF APPLICATION FOR CHANGE OF ZONING AT 5650 N.E. 4TH COURT, FROM C-1 TO C-4 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 76. FIRS7 07ljl,'A..CE: DECREASE.; ZG,:ED STl<c E'I WIDTH i11.W. 7TH COURT BETI,EE ;\.W. 15 STREET A'. I) EAST LEST EXPRESS:%AY Mayor Ferre: Take up item 7. Ordinance on first reading, Planning Department. .by decreasing... Father Gibson: Move. Mayor Ferre: Gibson moves. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa. Further discussion? Anybody here want to talk to this? If not, on first reading, read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE A -MENDING ORDINANCE NO 6871, THE COMPREHENSIVE ZONING ORDINANCE FO't THE CITY OF MIAMI, BY ADDING A NEW SUBSECTION (93-A) TO SECTION 1, OF ARTICLE XXV, BASE BUILDING LINES, AS HEREINAFTER SET FORTH, DECREASING THE ZONED STREET WIDTH OF N.W. 7TH COURT BETWEEN N.W. 15th STREET AND THE EAST -WEST EXPRESSWAY (SR 836), FROM 50' TO 40'; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING 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: (CONTINUED ON NEXT PAGE) 180 AA "Jn 17 9 81 AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Mayor Maurice A. Ferre Vice -Mayor (Rev.) Theodore R. Gibson NOES: None ABSENT: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Items 8-A and 8-B were deferred. 77. VACATE A::D CLOSE ALLZY: 30th AVE11E BLTWEEir 11TH TERRACE Ai,D COMFORT CANAL Mayor Ferre: On item 10, the Planning Department recommended apporval, and the Zoning Board recommended approval 5 to 1. Are there any objectors here? All right, is the applicant here? What do you want to do with that? Father Gibson: :Move Mayor Ferre: Gibson moves. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-220 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF N.W. 30TH AVENUE BETWEEN THE NORTH R-O-W LINE OF N.W. 11TH TERRACE AND THE SOUTH MARGIN OF COMFORT CANAL, FOR A DISTANCE OF +961, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1111 "RIANIZA SUB" (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 Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 181 MAR 17 1981 iOt'FRRI Lh APPI_AL b'i OBJECTOR A;:D GP, .77 FV*, LOPFR A VARIA..CE FO.Z LOT COVLRA(,!: AT 700 !%.Z. 22nd TERP.ACF Mayor Ferre: This is an appeal by an objector, William H. Brown, of the Zoning Boards granting of a variance at 700 N.E. 22nd Terrace. The Planning Department recommended a denial, but the Zo nins% Department granted with a voluntary dedication to the :forth 5 fit of lot 8, on a 4 to 3 vote. There were 7 objectors by mail. All right, now. ,1r. Brown: Mr. Mayor, the Planning Department and the Planning Board recommended a =• .story building. All the neighbors would welcome t 11:1 t . Mayor Fevre: All rif,ht, are there any objectors here? Mr. Fosmeon: houid you like the departments position? Mavor Ferre: We'd like to hear the deapartment in a moment but I want tO see hOW man%• objr-ctors there are here on item 11. .�r: This is in reverse. tore: ii;: i�: in rvversc. This is an appeal by the objector. All rit;tht, wilco iF, the perscn that's appealing'. You? You are the objector t, the },ranting, c: this. And you are for the granting of it. Okay. I:. tl-,(. rc anybody else beside you that wishes to speak as an objector. Se 01en, 1 guess I hear you first right? You're the appellate so I hear Vol, first. Mr. William L'ro,.n: ThE' Fire Department and the Planning Board recommended a 4 story building only. And ... Mayor Ferre: Your name and address for the record. Mr. Brown: William H. Brown, 2121 N. Bayshore Drive. Mayor Ferre: Okay. Now, the department, do you want to say how you feel. about this? Mr. Whipple: Mayor and members of the Commission, the department has recommended denial on this item. We find no justification for the granting of the variances. We believe that a reasonable development can occur on this site, and performance response to the department of the comprehensive we feel the lot coverahe is excessive so that the required request,'or the zoning ord request for set �-nck variances are excessive. And on this basis, we recommend denial. Mayor Ferre: Okay. Mr. William Friedman: I am the original petitioner and in response, the original objection was based can the fire. We have a letter from the Chi of the Fire Department and they hasicaliv say there is no problem with the plans as submitted... and the architect will be able to address the other questions as far as coverage. Mayor Ferre: All right, any further discussion or any questions? UNIDENTIFIED SPEAKER: I'd like to explain the set hack requests. Mayor Ferre: Go ahead, quickly. 182 ist MAR 17 1981 n 0 Mr. Isaac Sklar: My name is Isaac Sklar. I am the architect of the project. And what we are requesting here is very very minor when it comes to setbacks. The hardship on this site is that since we have to allow a very large set back from the bay due to the new code and the new ordinance. We have been constrained to a very small protion of development of the site which is actually very small in size by itself. The difference in coverage is very minimal also. We are requesting only about 23% of coverage which is very minimal. Mayor Ferre: No, you're asking for 27 point... Mr. Sklar: 27. 23 is the allowed, 27 is what we're asking, which is about 200 square feet deeper. 290 square feet. Mayor Ferre: All right. What's the will of the Commission? Mr. Lacasa: I move to uphold the Zoning Board recommendation for approval of the application. Mayor Ferre: There is a motion to uphold the Zoning Board's recommendation. Is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa , who noved its adoption: RESOLUTION NO. 81-221 A RESOLUTION UPHOLDING THE ZONING BOARD'S DECISION TO GRANT A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE R, SECTIONS 3(2) (d) AND 6, TO PERMIT CONSTRUCTION OF A 10 UNIT APARTMENT BUILDING ON LOT 8 LESS W15'; EDGEWATER TERRACE (9-57), BEING APPROXIMATELY 700 NORTHEAST 22ND TERRACE, AS PER PLANS ON FILE, WITH 16' SIDE STREET YARD (20' REQUIRED) 21' SIDE YARD (28.75' REQUIRED) AND 27.7% LOT COVERAGE (23% ALLOUED); ZONED R-5 (HIGH DENSITY MULTIPLE DWELLING) DISTRICT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 1 79. GRANT APPEAL BY APPLICANT: VARIANU F )R LOT I:IDT11 A'�D AREA 322 12 Cnl'RT Mayor FerreL Item 12, Appeal by the' applicant .lose Diaz of the Zoning; Board's denial. Plannini; Board recommended cieniai, the Zoning board recommended denial 7 to 0. All ri.s;tlt. Will the department, Mr. Whipple, will the department please recommended its reason for its recommendation. Mr.. Whipple: Yes, sir. We have recommended denial. The remnants of the par(•e1 %hat is left is sub- substandard and there is no justification by which...... 'savor Ferre: Counsellor. ur. Josi., Villalono:;: Mr. Mayor, my name is Jose Villalnbos, for the record. T represent Jose Diaz (ITT my right hare. Sub Standard is 5,020 feat. This i a unreel lot which is 40 feet in width and 13U.55 long for a fetal_ number of 5,2122 sga,at, +. "his lot is a vacant lot that will be 1n evi'sore out not for the• effort of the applicant, Mr. and Mrs. Diaz. Ttic ium,th with tch character and the rest of the community and the area. :lnw>vtr, we have a piec( of land today which is, as I stand here this minute, :c c;innk,t ',)uild anything un it, just to have a vacant lot. There is i lento• f C;1v.-+111 lets in Padv +^ol.inty, especially in teh City of Miami 40' in width and 130' th.:i:, art' bei;lr; built t1�on, Sn therefnre, teh concept that wE'rt r:irs to txcercist' is based on oiir reyucst, is that we'rt2 trying: to male -1c f' ::C !Isl., this pi"co nY propert': a,; far :is dc•.,ign shapi- and view, we will 7'ake it atractive and use for the owner in consistent. character of the TIE, Jghborhood. e are planning this criteria. It would be this at this time. There is really no purpose of ha•:inF 5200 feet of vacant.... in that specific area, especially when we need so many buildings in the City of Miami. M.:;, Grrtrude W. Luben: I'm Gertrude W. Luben. I live at 811 N.W. 32nd Cnurt. is south and east of the property in question. I have lived there for 33 years. These: past few years our neighborhood has become very close. That area at one time was one family homes per lot. The lots happen to be ionp and the Commmission has allowed it to become R--2 area which has put a lot of people into the area, into teh Grapeland Heights area. It has increased traffic drrioifully. We were speaking for the former owner of this property. lie was denied a variance from the City to put in a tri-ple>:. This at one time was a beautiful hammock. a natural hammock, natural trees and everything. They were denied the variance for the tri-plex. They had intended to keep the natural growth there and build in and around the streets and everything. They were denied. All right, I will not deny that the duplex that was put in on part of this plan is a beautiful building, a nice building. There is 40' of property; with a hunch of buildings blocking it. Okay? Now, if this variance is allowed to go through, you are going to have 4-living premises there where the other people were denied three. Where are you going to put parking? As I said, tr;iffic is a problem there once the parking situation is very extreme because the Commission or someone has allowed a used car lot Mrs. Lubin (continued) to function right next door to my house. I protested this. I've had no reports back from the Board one way or the other. All right. Now, there will be a minimum of three of four more cars. Where are they going to park these cars? In front of my house again when I have twelve or fourteen from the man next door to me who keeps parking them, and who is selling used cars. We have a building crimes we know that. I have lived in Miami since 1935 and I have seen the changes. We can't see what we have had on 32nd court. It is impossible to drive out ..... to back out in teh street unless you have somebody else to help you direct traffic to get out. Where are the children going to play? Right now the children that are in the area, they play in my yard because the yards have been built up with houses, with duplexes. There is no place for children so the children are running lose in my yard. I raised two children .... we estimated there are 35 children raised in that neighborhood. We never had a problem with other peoples children in our yards. They played in our yards because they placed with each other because they didn't have to play in the streets . All right, I do want to thank the Commission for getting my notice to me at my right address this time too. I just want to know what's happened to trees, flowers and birds in the community we have none. And I also thought we had an ordinance, that when you go and cut down trees, you had to have a variance for that. Does he have a permit for that. It also shows here that the Zoning Board denied this 7-0. The Planning Department also recommends denial of this. I thank you very much. Mr.Plummer: Mrs. Luben, Let me ask you a question. My question has to be to you. It seems you're greatest concern is two -fold. One we're not addressing tonight. Okay? And if they haven't addressed it in the past, then somebody is derelict as far as operating a used car lot the other side of you. That's not his fault. If I then address your other concern, it seems to be that something is built there that is proper and is something that is appeasing to the neighborhood because the neighborhood is R-2. Now like it or not,..... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: It's R-2. Now what I am saying to you is what is your basic concern. Mrs. Luben: My basic concern is more traffic in the area, more cars for one thing. This is a 40 foot lot. How much variance are you going to.... Mr. Plummer: The point I am traying to make is, is the fact that 5200 whatever square feet. No, no, that's square feet. Now what would you have the man do with the place? Mrs. Luben: How about some more trees, a place for some of the kids that lie is going to rent? How about them having a place to play on. Mr. Plummer: That's idealistic but.... Mayor Ferre: Counsellor, what's your...... Mr. Plummer: You have other people here who want to speak. Mr. Max DeGregorio: Max Degregorio, 810 N.W. 32nd Court. Board up here, lot 4. My son built a home at 813 N.W. 32 Place which is just not too far from this building that Mr. Diaz wants to build. Now he had to be back from the street 25 feet. It just happened that he has a chimmney in teh house protruding 2 1/2 feet. So instead of going back just 28 feet, they made him go back 30 feet.Now that was the law and he had to abide by it. Now he also had to have a fire -right of way which was 12 foot. Now the Diaz duplex built there and it's a beautiful place 185 MAR 17 1981 Mr. Degregorio (continued):but he doesn't have any room at all for a fire truck to get in there. There is no firc right of way be builds something there. And I am on lot 4 and if another house catches fire,I've got property I want to protest also. Mayor Ferre: Thank you, sir. UNIDENTIFIED SPEAKER: I'd he happy to represent the gentleman, sir. Mayer Ferre: All right, well you can talk to him about that later. In the meantine, make your statement and let's go. Mr. Plummer: Excuse me. Am I losing something? We are not talking on this agenda item to setbacks. No. We're not. What we're talking to is the use of a substandard lot, not the setbacks. There's no request here for a variance to the setbacks. Mr. Degregorio: May I say something more? The lot is 20 feet short. It could be a beautiful yard or it can be parking facilities. I dcn't think excuse my english that the neighborhood should be crapped up with a home right smack up against another withoug any fire lane. It sould make .t good yard, nice grass and trees. Mr. Whipple: No, sir, they're asking for a deviation in the lot requirements of the zoning ordinance. The Zoning Ordinance would allow development of the site for a single family home, approved by the Commission. What we have here is a situation where there was originally 3 lots under 1 ownership and there has hcc n an illegal division creating the substandard size site aquare feet. That is one of the reasons for our ..... The site would permit a single family dwelling, unit under the term of the Zoning Ordinance. Mr. P)um-me.r: I appreciate all your answer. Now answer my question. Mr. Whipple: No, sir, there is no setbacks involved... Mr. Plummer- So the houses are not going to be slapped up against each other. They're still going to have to abide by setbacks. Is that correct? Mr. Whipple: Setbacks have to be met. Mr. t'illalobos: This building has to go to the Building and Zoning Department, and my client has been the innocent victim of the sale. I understand and he understands that. or aware of the fact that he was being sold a piece of property that was not properly zoned. And this is what we're here for. So therefore, I pass my own motion again and would request the Commission approval. 6 0 Mayor Ferre: What's the will of this Commission? Mr. Lacasa: Mr. Mayor, this is an R-2 zoning and what he is requesting is a variance of about 700 square feet which is on account of the lot being substandard and having no other alternative but to request the variance in order to build, I move that we reverse the Zoning Board and that we approve the appeal. Mayor Ferre: All right, there is a motion. Is there a second? Mr. Plummer: Mr. Mayor, I'm going to second the motion simply because we're not talking about the concern as I hear expressed by the people of setbacks. They've still got to comply. And as far as I'm concerned, you know, it's great to believe would own a lot and put ... plant trees, and use it for parking. But people aren't going to do that, Mr. Mayor, not in this City today. They can't afford to do it and pay taxes on it. Mr. Plummer (continued): And you know, I want to tell you, this Commission has approved a lot less than 5220 feet in these kind of cases, and I'll recall to your attention about the last zoning meeting in which there was a case very similar to this that was just under 5,000 feet. And it was the circumstances, and there is a hardship, in my estimation, and that's why I'm seconding the moLion. Mayor Ferre: Are you ready to vote now? Mr. Plummer: Yes. Mrs. Luben: Can I say somthing? Mayor Ferre: Sure. Mrs. Luben: But Mr. Diaz built the other duplex he did not Mr. Plummer: I understand that. But this lot is substandard. That's the bottom... Mayor Ferre: Okay, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-222 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VI, SECTION 2(1) (a), TO PERMIT REPLATTING OF TENTATIVE PLAT NO. 1094 - "DIAZ SUBDIVISION", BEING APPROXIMATELY 822 NORTHWEST 32nd COURT, WITH AN AVERAGE WIDTH OF 40' (60' REQUIRED); AS ONE OF THE CONDITIONS FOR APPROVAL OF THE TENTATIVE PLAT; ZONED R-2 (TWO FAMILY DEWLLING) DISTRICT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded 6y Commissioner Plummer, the resolution was passed and adopted by the follcwing vote: AWES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson NOES: Commissioner Joe Carollo Mayor Maurice A. Ferre ABSENT: None IV" MAR 17 1981 SO. GRAr.T VAF.ItVCE FOP, OFFICE TO!%TE•R (SOUTHi1AS1 13,U11 ) Mayor Ferre: 13 (a). All right, Now, here is the City of Miami Commission who is going to take up a variance for an office tower in the Dupont Plaza. And the Planning Department recommended approval with certain conditions, and the Zoning Board gr?rted subject to certain provisions 7 to 0. Are there any objectors present? Any objectors? Anybody here want to object? Who wants to make the motion? Father Gibson: Move. Mr. Lacasa: Second. Mr. Plummer: No, no. 'writ. k"hoa_ k•}}n;i. Ferre: Plu-=.-er wants to object. Mr. hummer: No, nc. no. You've got to be kidding. You think that priced lawyer is going; to get away without putting his case on? Mavnr i'errc: i"ummer, it's almost midnight. Mr. Plum:,er: Well you're, the expert on zoning. Look, I want to ask some questions. You heard tine man from the FAA. I'm not going to sit here and approve something that's 765 feet when the man tells me the airplane is going to crash in the top 3.6 feet. Mayor Ferre: Okay. Thcy'll stipulate that they have to cut of 15 feet. how's that. 16 feet. Mr. Plummer: Are you now representing Southeast? That accusation has been made before. Mr. Traurig: I'm used to it by now. Mr. Robert H. Traurig: For the record, my name is Robert H. Traurig, and I'd like to call your attention, Mr. Plummer, to Section 2(d) of the proposed resolution which covers this by saying that we'll comply with whatever the regulations are that might be applicable. Mayor Ferre: That's what I said. Mr. P ummer: Well you see, I only got this yellow sheet thrown in front of me just now. Is this different than what's in my packet? - Mr. Traurig: If you look at page 3, Section 2(d), of the proposed resolution, I think it covers the ans4er. Mr. Reid: The underlined part, Commissioner Plummer, responds to your question. On the second page which is the third page, the ordinance is new language which reflects the language that was incorporated, recommended for incorporation in Gould's Development Order tying Southeast to providing the connection for pedestrian I'laz a and requirinp a traffic plan and construction of employee parking lot. It is identical to what has been recommended . Mayor Ferre: Is this what you and Roy and Dick met on yesterday and agreed to? Mr. Fosmoen? Mr. Fosmoen: No. The Chairman and Roy met. Mayor Ferre: You and Roy Kenzie met. Right? 188 MAR 17 1981 0 4 Mr, Reid: Yes, Roy Kenzie and I met and went over the plans. Mr. Traurig: Commissioner Plummer, let's say that the gentleman that spoke to you is from Dade to Aviation Dept. F.e would talk ab rnit 744 feet. I have been advised by Mr. Rhana who has personally discussed this matter with the FAA people in Atlanta and who has received alone from others in his organization with regard to this. There are no specific regulation but that it would be recommended that this be the height. We're going to continue to discuss it with him. We're going to comply with whatever the requirements are or the regulations are, and we're satisfied with the language which has been submitted by your Planning Department. Mr. Plummer: Speak to the waiver of the loading bays. Mayor Ferre: You mean the inclusion of the provisos in there. Mr. Plummer: I'm speaking about... Mayor Ferre: :'age 2 down at the bottom, a, b,c,d,e,f,g, is that what you're talking. . Mr. Plummer: I'm talking about providing 4 of 24 required off-street loading spaces. Mr. Traurig: Wt have provided, as you will see on page 2, Section 1, subparagraph (a), 4 bays of 12 by 55, 2 bays of 12 by 24 for armored trucks, and 16 bays of 12 by 20 for vans. In addition to which, we are reserving 2 additional spaces of 12 by 55 in the back end, the 3rd Street end of our part sD in event we need them that as a result of the discussion tnat we nave naa with your staff, specifically Mr. McManus and Mr. Reid, it has been determined that we will have enough parking bays for the required numbered fo trucks. even though it won't be the size expressly described in your existing ordinance. Mr. Plummer: All right, now. Do I recall something in relation to drive-in tellers? There shall be none on this location. Is that correct? Is that stipulated in here? Mr. Traurig: We have provided for those. We do not have provisions for drive-in tellers in the plans submitted. Mr. Fosmoen: I have one concern, Mr. Mayor. It was raised this afternoon by the gentleman from the Dade County Aviation Department. The 750 foot height limitation may, in fact, only be a recommendation from FAA. It may not become a regulation. This order as written, would not require Southeast to meet that recommendation. It would have to be in the form of a regulation for them to be within, not exceed 750 feet. If they ignore that recommendation, and I'm only guessing, it may result in substantial expenditures on the part of the airport _to readjust all of their gear to avoid that problem. Mayor Ferre: Well,how do you, how do you... Mr. Fosmoen: Well,I guess what I'm looking for is some language that will avoid any expenditure on the part of ... they would meet a height restriction in order to avoid major expenditures on the part of Dade County Aviation Department. It may not be a regulation but only a recommendation from FAA. Mr. Plummer: Mr. Whipple, or Mr. Reid. Mr. Reid, he doesn't even know my question. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE RECORD) Mr. Plummer: To someone else's question? Please do. ist 189 MAR 17 1981 _ Mr. Whipple: I just wanted to comment a little bit further regarding this problem with the height. It is our understanding, our recent understanding, that the height of the structure will cause certain parameters with respect to landing, take -off at International Airport. which would preclude instrument landings. In other words, I am suggesting to you, it's my understanding it's not a matter of airport adjustment but when these parameters are violated with resepct to the radio beams and things of thiG nature, they have to get t(+ � different approach. A different approach will preclude instrument landings at Miami International Airport. It is my understanding there is no adjustment possible. It just means that they'll have to be fixing t,v means of t'FK as opposeii to inetrnm-nts approchos. Ihi; (-t;ld be a consequential problem that what it appears 7n tl:e surface. Rudd Carr was here earlier today, and also we've been talking with their consultant firm. And the guidelines that we understand are IN 750 feet and you may have a more substantial impact than just one of adjusting by the airport. It may have a longer range impact. I would suggest... Mr. Plummer: That's not in our hands, right? Mr. hi;ipple: i sr'i" . Mr. Plummer: That's not really in our hands. 'fir, Fosmoen: Yes, it can be by limiting the height or putting language into this which will require them to stay within our limitation which will net change thr Pattern of approach to Miami International. Mr. Plummer: Weil but what I'm saying is, where they have agreed to whatever the FtVk recommendation, is that not the language... '11tr. Fosmoen: It says regulation, and I think we need to change that to recommendation. Mr. Plummer: Well wait a minute now, that's not fair either. NO. What happens if they come in and recommend, you know, 400 feet. Mr. Fosmoen: NO, they've said 749. It was on the record today at 749 feet. Mr. Plummer: Well... Mr. Fosmoen: The last stipulation in here could be changed to read, "the height of the office building or pertinent minor structures are governed by Federal Aviation Flight recommendations, but not less than 750 feet.) Mr. Plummer: I have no problem with that. Mayor Ferro: Oh good. So what else have we got? _Mr. Plummer: I want to address, Mr. Reid, page 2, Section 1, item Af). The parking stalls. It is my understanding that we were going to reduce the old 10 by 20 to h.come more realistic. Mr. Reid: I believe we have recently amended the ordinance and further revisions are in the works. So that there have been recently adopted changes, the parking standards appruvOd by the City Commission about 3 or 4 months ago. Mr. Plummer: What percentage of the Southeast structure is going to be dedicated to compact? Mr. Reid: I believe 40% is permissable under the present ordinance. Mr. Plummer: 40%? Mr. Reid: Yes, sir. ist 190 MAR 17 1981 0 6 Mr. Plummer: And then what you're saying is item (f) then is not the 10 by 20 is as to the new standard. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Reid: It reflects the new standards you adopted 3 or 4 months ago. Mayor Ferre: Okay. What else do you have, Plummer? Mr. Plummer: That's all on 13(a). Mayor Ferre: Is there a motion? Mr. Lacasa: Move. Mayor Ferre: Is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Is there further discussion? Mr. Plummer: As amended. Mayor Ferre: As amended. Call the roll. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 81-223 A RESOLUTION UPHOLDING THE ZONING BOARD'S DECISION TO GRAFT A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XV, SECTION 6 AND ARTICLE XXIII, SECTION 7(4) (c) TO PERMIT CONSTRUCTION OF AN OFFICE TOWER STRUCTURE ON ALL OF BLOCK 5, DUPONT PLAZA (50-11) BEING BLOCK BOUNDED BY S.E. 2ND AND 3RD STREETS AND S.E. 3RD AVENUE AND BISCAYNE BOULEVARD AS PER SITE PLANS ON FILE WITH A PROPOSED HEIGHT OF 7 (300 FEET ALLOWED) AND PROVIDING 4 OF 24 REQUIRED OFF-STREET LOADING SPACES SUBJECT TO CERTAIN CONDITIONS (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 paEsed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None ist �1. GKiVIT CO,'DITIO-AL USE FOR PARK-ING GARAGE (SOLTHFAST Bru:K) Mayor Ferre: Take up 13(b). Moved by Gibson. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa. Mr. Plummer: I don't have an ordinance. Mawr Ferre: It is a resolution. Okay, is there further discussion on this? Mr. Plummer: Read into the record the conditions. Mayor Ferro: Mr. Reid, would you please tell us? Mr. Reid. Mr. Fosmoen: lie's coming. Navor Ferre: I want to ask Mr. Reid a question. Is this what was also cii: cussoa between yourself and Roy Kenzie? mr. Plua^er: 13(b). ..r. Reid: Yes. The main concern that Mr. Kenzie had was addressed in the ordinance that's already been passed relating to the pedestrian plaza. And he is satisfied with the language. Mr. Plummet-: I don't have anything on 13(b). What are the conditions? Mr. Reid: 13(a) and (b) are incorporated in the same ordinance, Commissioner. Mayor Ferre: 13(b) is in the back, it's the last page of the packet that you have. Mr. Plummer: Move to defer. You're asking me to put in there conditions, you have a second. Mr. Traurig: May I remark, Commissioner? The conditions that are imposed are the conditions in Section 1 and Section 2 of the proposed resolution Those conditions spell out the rpm,ireri nrtmhar of vans the provisions, the prohibition of loading various specified hours, a traffic manager on the site directing traffic. Tne siz^ of the parking stall. Paramaters of the ramps. ^o the conditions have already - been imposed within the resolution submitted to you, Mr. Plummer: Sir, you either put something in front of me marked 13(b), spelling out the conditions you're asking me to apply, or forget it. Mr. Reid: Commissioner Plummer, the answer is that the ordinance that you have passed for 13(a) embraces the conditions also required in 13(b). Mr. Plummer: No, sir. Mr. Traurig: It's set forth on page 2. Mr. Plummer: No, sir. I am not buying that. Mr. Reid: Section 3 is the 192 ist MAR 17 1981 0 4 Mr. Plummer: Section what? Mr. Percy: Section 3, page 2. Mr. Plummer: Are you saying that Section 3 is the condition applied to 13(b)? Mr. Reid: What it's saying is that Section 3 applies the conditions of the resolution to both the request for the variance and the request for the conditional use. Mr. Plummer: Don't everybody all speak at one time. Mr. Traurig: Mr. Plummer, may I answer a question that perhaps you may still have in mind... Mr. Plummer: Well wait a minute. Let me see if maybe they've themselves. See, I don't have a 13(a) and (b) in my packet. Okay, you have all the time in the world. I understand, I'm standing on a legality: :or you. The legality is on the agenda there's a 13(a) and a 13(b). All I'm asking for the 13(b) conditions to be read into the record. Mr. Traurig: '.ay I read into the record the conditions... Mr. Plummer: NO, sir. You don't work for the City. Mayor Ferre: Don't you want to give him a crack at it in the interest of t irie? Mr. Plummer: Let him work for the City? Mayor Ferre: In the interest of time, yes. Mr. Plummer: Hey, all I'm saying is I'm trying to ... Maurice you'd better believe it. The agenda says 13(a) and 13(b). We don't have a 13(b) in front of us. Mayor Ferre: That's counselors problem. Mr. Plummer: Fine. Counsellor, do you want to take that risk? Do it. Mayor Ferre: Okay. Anybody found 13(b). Mr. Reid: I just found it, Mr. Mayor. I'm happy to say 13(b) has been found. It is attached... Mayor Ferre: The last page. Mr. Reid: ...Mr. Mayor, to the original piece of paper. This resolution that you have passed already is separate ffo'm'13(a). 13(b) is the second white resolution... Mayor Ferre: That's what I've been telling you for the last 10 minutes. The last package of your packet. Mr. Plummer: Here's my original packet. Mayor Ferre: Plummer, would you take mine? Here's mine. Mr. Plummer: I don't want you to think I'm running around here like a yo-yo. This is my packet. Mayor Ferre: Well, here's my packet. You're welcome to have it. Mr. Perez: You received ... Mr. Plummer: You talking about the revised? 193 MAR 17 1981 ist Mr. Perez: The revised. Mayor Ferre: All right. Further discussion? Call the roll now that Plummer found 13(b). The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-224 A RESOLUTION GRANTING A CONDITIONAL USE AS LISTED IN ORDINANCE NO 6871, ARTICLE XV, SECTION 2(8) (a), TO PERMIT CONSTRUCTION OF A PARKING GARAGE ON ALL OF BLOCK 5, DUPONT PLAZA (50-11), BEING THE BLOCK BOUNDED BY S.E. 2ND AND 3RD STREETS AND S.E. 3RD AVENUE AND BISCYANE BOULEVARD, AS PER PLANS ON FILE, ZONED C-3 (CENTRAL COMMERCIAL), BEING IN CONJUNCTION WITH A VARIANCE REQUEST (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. Com^.iissioner Joe Carollo CorrmAssioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 32. GF.Ai+T OiiE YEAR EXTEirSION OF CONDITIONAL USE: DRIVE-IN TELLERS 550 ci . E . 2ND AVENUE Mayor Ferre: Now how about Earl Eisinger and Norma Nierenberg who want a one year extension for conditional use of drive-in tellers. Now the department recommends approval and the Zoning Board.... Father Gibson: I move. Mayor Ferre: ...anybody here objecting to it? You're objecting to it? UNIDENTIFIED SPEAKER: No. Mayor Ferre: All right you're not objecting. Gibson moves, Lacasa seconds. Mr. Plummer: No, no, no. Wait a minute now. Whoa. I want to see the plan for the drive-in tellers. Mr. Michael Anderson: I have that. Mr. Plummer: How much stacking do you have off of the street? Mr. Anderson: We have 5 plus another 4 and there is 2 lanes and each has 5 stacking spaces. Mr. Fosmoen: 14 all together. ist 194 MAR 17 1981 4 4 Mr. Michael Anderson: My name is Michael Anderson , by the way. My name is Michael Anderson. I'm an attorney with offices at 9400 South Dadeland Boulevard and I represent the applicant. All we're proposing is a 409 room hotel which is going to be 259 in the 1st pn,-se and another 150 structural strength. t-:e're prop c;ing 7,600 square feet of retail space, 9,000 feet of restaurant, a 4,O0 square foot bank, 4,00 square feet of meeting rooms and a 550 foot parking garage. We are really, this is the first major project in this area. It's between 5th and 6th Street on the west side of K.E. 2nd Avenue. We're asking really for very little, just a couple of conditional uses, one of which was approved as a parking garage. The other one is the drive-in teller facility which we feel is a necessary adjunct to a bank. We were recommended for approval at the Zoning Board level, by the Planning Department, Downtown Development, Off-StreeL Perking, Dade County Department of Traffic and Transportation, Public Works, Chamber of Commerce. We didn't have any objections from any member of the public. Mayor Ferre: Everybody is for vou. Mr. Anderson: Since that time, I've asked for recommendations from the Police Department and (;size Si„uns wrote a letter saying that they don't see a.i�: parriru'nr pr;1`, ',7 with it. Mayor Ferre: DDA is for you. Mr. Anderson: night. There isn't anybody in our... Mayor Ferre: There's a motion and a second. Any question Plummer? Mr. Plum,-,:er: Yeah. I want to know why you're taking the drive-in stacking through a parking let? According to your own diagram, one car is already run into one of the people going to the drive-in tellers. Mr. Anderson: That's employee parking. We anticpate that people will be there early in the morning and stay until after the tellers are closed. Ve don't consider this a pr(,-,blem. Mayor Ferre: The Fire Department is for it, the Police Department is for it, the DDA is for it. Nobody's against it. Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-225 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XII, SECTION 1(33) (f) TO PERMIT A DRIVE- IN TELLER FACILITY IN CONJUNCTION WITH BANK ON LOTS 1,2,3,4 AND 5; BLOCK 62N; MIAMI (8-41) BEING APPROXIMATELY 550 NORTHEAST SECOND AVENUE AS PER SITE PL"HS ON FILE WITH THE VOLUNTARY DEDICATION OF THE SOUTH 10 FEET OF LOT 17; ZONED C-3 (CENTRAL COMMERCIAL) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor Mauirce A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None 195 IR 17 1981 ist u3. GRAI�,T ONE YEAR EXTZ'I'SIOiv OF VARIANCE FOR PARKI1."G 550 LEJEI:;i ROAD Mayor Ferre: 15. The American Welding Society, for one year wants an expansion... extension. Anybody object to the American Welding Society's extension? Father Gibson: Moved. Mr. Lacasa: Second. Mayor Ferre: Moved by Gibson, seconded by Mr. Lacasa. Further disucssion? Call the roil. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-226 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE GRANTED FROM ORDINANCE NO. 6871, ARTICLE XXI.II, SECTIONS 2(2) (a) AND 4 (23), TO PERMIT AN ADDITION TO THE EXISTING BUILDING ON LOTS 7, 8, AND 9 LESS EAST 15 FEET, BLOCK 2, GOLF COURSE PARK (43-3). BEING 550 LEJEUNE ROAD, AS PER SITE PLAIN ON FILE, PROVIDING 51 OF 106 REQUIRED OFF-STREET PARKING SPACES, AND ALSO PROVIIDNG 32.4 PERCENT COMPACT CAR OFF-STREET PARKING SPACES (30 PERCENT MAXIMUM ALLOWED), ZONED C-2 (COMMUNITY -COMMERCIAL) DISTRICT (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 Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. 4 r� 34. ACCLPT PLAT: SOUTHGATE VILLAS Father Gibson: On 16, I raised the question because that agreement was made. Mayor Ferre: Now, these gentlemen have been waiting here very patiently all day. Now, Father Gibson, you have the floor. Father Gibson: It was agreed that property over there would not be dealt with until and unless the local committee got an opportunity to see and review. Don't tell me anvLhing about HUD. I want the local commnittee. That's where the commitment was made. Mr.. Mayor, he's... (INAUDIBLE BACKGROUND COL`1ENT PLACED Oi:TSIDE OF THE PUBLIC RECORD) Father Gibson: I'm sure the Planning Department must know something about it. L'N]DI';TIFIED SPEAKF.R:7-i,, rezoning was scheduled for first reading on February 26th and second reading if approved tonight. The c,):,ciitional use was approved on March 2, the variance was approved on `larch 2nd and (inaudible)............ Bciore the Planning Advisory Board, it was approved on February 4th. The Dade County Commission (inaudible) .(inaudible)....... Father Gibson: I move. Mr. Lacasa: Second. Mayor Ferre: Gibson moves, Mr. Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 81-227 A RESOLUTION ACCEPTING THE PLAT ENTITLED SOUTHGATE VILLAS A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATION 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 (if 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 Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 197 MICR .1 7 icgl THEREUPON, the Chair ADJOURNED THE PLANNING AND ZONING PORTION OF THE AGENDA, AND REVERTED BACK TO THE REGULAR AGENDA Mayor Ferre: I'll tell you, Father Gibson just left. He just couldn't he's ill. You know, it's just too much. He says he just coulnd't hold up any longer. So he asked, he sends his apologies to the members of the Commission. He says he's very sorry, but he doesn't feel well. And he would like very much if you would extend to him the courtesy of extending this meeting until tomorrow and he'll be back tomorrow. He says he just can't...you know, he's been here all day. It's midnight. He got out of the hospital 2 weeks ago. Mr. Carollo: No problem, we'll meet tomorrow. What time? Mayor Ferre: But I feel sorry for the poor man. He looked like he was in bad shape leaving... Mr. Carollo: Sure. That's understandable. What time do we meet tomorrow? Mayor Ferre: In the morning. Mr. Plummer: No, I can't make it in the morning. It's got to be afternoon sometime. Mayor Ferre: Well what time do you want to meet tomorrow? Mr. Lacasa: 2:30. Mayor Ferre: 2:30. Mr. Plummer: I don't know. I'm telling you that I don't know Mr. Carollo: Can we make it at 2? Mr. Lacasa: I cannot make it at 2:00. Mr. Carollo: 2:30 the earliest we can make it? Mayor Ferre: Make it 3 O'clock. All right, this meeting is adjourned from this evenin- and will continue tomorrow at 3 O'clock. This meeting is continued. This is not an adjournment, we are continuing. Is that the tehcnical word? Mr. Clark: Recess is probably the better word until 3 o'clock today. THEREUPON, THE CITY COMMISSION on motion d,:l.y made and seconded, decided to recess this meeting and agreed to continue the same until March 18, 1981 at 3:00 o'clock P.M. MAR 17 1981 4 4 CONTINUATION OF RECESSED MEETING The City Commission returned to formal business at 3:15 O'Clock P. M., March 18, 1981 after a 15 hour recess and resumed unfinished business from their agenda of March 17, 1981. 85. AUTHORIZE AMENDMENT TO CONTRACT: N!IAMI CAPITAL DEVELOPM,�ENT, INC. Mr. Fosmoen: Commissioner Plummer raised a question or. Item 8 which was over a :,15,000 item that was listed in the budget for Miami Capital Development Corporation as public relations. I have met with him and indicated that those funds are for the promotion of Miami Capital for informational brochures to let the community know what their services are and for an annual report and I believe that I may have answered his question. The Following resolution was introduced by Commissioner Plummer, who r�.-. red its adov)tior,: RESOLUTION NO. 81-228 THE CITY MANAGER TO EXECUTE THE IL CO,:TRACT DATED JUNE 25, 1980 OF' ":IA':I AND MIAMI CAPITAL DEVELOPMENT, AMOUNT OF $50, 000 IS ALLOCATED - _ COSTS TO BE INCURRED IN :,_... .,........ r.F i A;, WITH FUNDS ALLOCATED 1 T'. )E'. E 'r' CMENT BLOCK GRkNT (GTH resUlutloIl, omitted here and on file city Clerk. ) lssiorier Gibson the resolution was VvtC:'- :. i ;.';ram ii ssioner Joe Carollo Cor-ar,issioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre '•.:;SENT: Co,,nissior,er :,rmando Lacasa. ,)TE FOR RECORD: AGENDA ITEMS 22, 23 AND 24 WERE DEFERRED. 86. APPOINTMENT OF CERTAIN INDIVIDUALS TO JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-229 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS*TO THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. rerre NO: S . Nonc.. ABSENT: Ccma-.i ssioner Armando Lacasa. *I:,?il Sci:iff and Jsrjr. worth Crow, 'r. 87. FOR11,1.ALIZING RESOLUTION: EXTEND DATE FOR RECEIPT OF PROPOSALS FOR, CABLE T.V. Mx. Fosmoen: 6A is an item that I was not here when it was discussed, Mr. Grimm indicated that I may ask for it to be brought up again. It is on the Cable Television consultant. After reviewing the responses to the request for proposal that went out it is my opinion that there are only two consult- ants that have worked �n cities of this size that have the kind of experience that is needed to review the proposals that we will be getting. Mayor Ferre: Well, as I understand it it was a request - was it your's, J. L., that they be brought here? Mr. Plummer: Yes. Mayor Ferre: I think, can we limit it to those two or do you want all of them? Ar. Plummer: Mr. Mayor, it is in line with your thinking as the imposition of the gag rule and the problems that have surrounded this industry in other cit- :es, it was my thinking that we should put everything up on top of the table and any companies that would like t,) apply can come here and make their presen- tation and let's have it right out in the open public was my thinking on the matter. Mayor Ferre: So tha*_ will be on the meeting of the 9th. Kr. Fosmoen: All right, we will invite them all for the 9th. Mr. Plummer: Anyone that is interested. Mr. Fosmoen: Mr. Mayor, in reference to Item 6A since you will not have a con- sulta,it on board at the time that the responses come in from the cable companies there was a motion made, as I understand it, yesterday to extend the bidding date on cable until April loth and we have a resolution, I believe it was dis- tri1.>uted last evening that would be necessary to extend that bidding date until April 10th. 200 MAR 17 1981 % 6 Mr. Plummer: I so move in resolution form what I moved last night. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-230 A RESOLUTION EXTENDING THE DATE FROM "UNTIL 2:00 P.M., WEDNFSDAY, APRIL 1, 1981," TO UNTIL 2:00 P.M., FRIDAY, APRIL 10, 1981," FOR THE RECEIPT OF ALL APPLICATIONS FOR LICENSE AND REQUEST FOR PROPOSALS PROVIDING CABLE COM- MUNICATIONS SERVICES TO THE CITY OF MIAMI, FLORIDA; DIRECTING THE CITY MANAGER TO NOTIFY ALL PROSPECTIVE APPLICANTS, WHO HAVE REQUESTYD SAIL APPLICATIONS, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; FURTHER DIRECT- ING THE CITY MANAGER TO ADVERTISE Tli1 SAID EXTENSION IN THE SAME MANNER AS THE ORIGINAL REQUEST FOR PROPOSALS WAS ADVERTISED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Caroll.o the resolution was passed and adopted by the following vote - A': Commissioner Joe Carollo Cor,,missioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre :7DF'S : I"o:,e . A:ISEI.T. Corra.:.ssioner Armando Lacasa. Mr. Plummer. An:: t,,ut's with the pro•:iso and understanding that Mr. Merrill cr W:',�ever you cesicnate so notifies all companies today in writing that t:fit cafe nas bee., given to them as an additional 10 days to prepare their I_ropcsal. D.:r. Fosmcen: They are being called and we will notice them in writing. X . Plummer: That's right, that phone call is fine but I want it in writing. 88. DISCUSSION OF FUTURE CONSTRUCTION OF STABLE FACILITIES FOR POLICE HORSES AND DISCUSSION OF BERMS IN BICENTENNIAL PARK AS THEY RELATE TO CRIME PROBLEMS. !,Ir. Carl Kern: Gentlemen, I'm Carl Kern, Director of the Parks System. We nave come up with a preliminary idea and we're not asking for any funds..... we just want to get your blessing on this concept. As you know, we have 3icentennial Park, a $12,000,000 park which is not used, not the very best security situation :'cwn there, at the same time I have the Police Horse Stables that are out at the Dade County Stockade we came up with an idea to actually locate the horses in the downtown park, as we know the whole nark is going to he nice someday. So we'll have a police presence in one of the worst security areas of the C:ty and we're talking about a relatively small area, I've drawn a couple of small diagrams here to show you what we're talking about. The park is 33 acres, we're talking about no more than 2 acres for the police stables. It is important to note that they would have 14 hour security, they have an attendant, the police come and go all day long, they have their families and friends around the stables on week -ends so there would be a constant amount of police activity in the park and it would be a great benefit zo security in the park, I think the first step in the City's intentions to establish a strong police presence downtown. I have two boards here, these are preliminary and what we want to do is try and get a resolution from you today saying stop or go and if so we would proceed to further develop- ment of more detailed plans. Mr. Plummer: Are these being built by Mr. Gould? Mr. Kern: ...... We're talking about. h' land in this part of the park 1 MAR 17 1981 although this is not fixed, we :ould move this thing almost anywhere. We wanted to put it in a part of the park where the policemen would have to drive through the whole park coming and going so we'd have constant..... so there would be a constant movement through the park. We didn't just want it down here on the corner somewhere and have the same conflict back there. Mayor Ferre: Which way will the horses be facing? Mr. Pluruner: The windward side. Mayor Ferre: How close is that to the ,Miami Herald"? Mr. Kern: Not close enough. Mr. Plummer: Not the horses, but the droppings you can throw across the expressway. Mayor Ferre: Where does the prevailing wind usually come from? Go ahead. Mr. Kern: I think it is important to note that they will be exercising the horses all over the park and the whole Bayfront Park system. Do we have 13 horses now? Chief J. .;uc _:: ;hays correct, yes. Mr. Kern: Also, the horses are used in the downtown area, Coconut Grove, Decor,,tr)r's Row and Allapattah. So by doing this they'll save 125 man days a year ,and transportation from 66 to 18 miles a 3ay. Mav,-)r F<_rre: How mane policemen and how many horses will be there average? ,1:11.ie ;',.rm:,: t;e would anti_ipate it would be a multi -use facility includ- ing some canine areas as well so there would be a constant exchange of of- ficers in and out certainly during the afternoon hours and the evening hours as well. I don't have a precise number. Mayor Ferre: Two? Four horses.? Chief Harms: Ten bourses would be stabled there. Mayor Ferre: Two policemen, five policemen, how many policemen would be there? Chief Harms: The policemen with the downtown beats would pick their horses up and they would go to those beats which would include Bicentennial, that is one of the beats that is currently assigned to a horseman and Bayfront Park. Mayor Ferre: That's just during the day, at night the horse patrol isn't out. Chief Harms: That's correct. The horses would be stabled, there would be a full time attendant living at the stables. Mayor Ferre: Don't you think that putting it further back would be a little bit better, Carl, rather than on the water by the expressway? Mr. Kern: We went and looked at this area but this line, you can't see it there but it is the right-of-way line ......... I Chief Harms: This portion of the park now is currently under utilized, there is very little utilization of that portion of the park. Mayor Ferre: Carl, are you recommending this? Mr. Kern: Oh, yes. Mayor Ferre: Are you Chief? Chief Harms: Yes, sir. Mayor Ferre: Are you, Fosmoen? Mr. Fosmoen: Yes, sir. 202 MAR 17 1981 6 6 Mr. Carollo: These 10 horses that are going to be assigned there, Chief, have they been with the department for a while? Chief Harms: Most of them have, yes, sir. Mr. Carollo: Can we make sure if there are any new ones that we do an ade- quate background check on them and make sure we get the right kind of horses there? Chief harms: Yes, sir, we certainly will. Mr. Plummer: Joe, it is a 24-hour horse. Mr. Carollo: Well, that's what I mean, I don't want to get any of those type of horses there. Mr. Kern: We estimate between 500 and $750,000 and if we get your blessings... Mr. Plummer: It will be a million. Mr. Kern: We will proceed with detailed design drawings and come back, of course, with the funds identified. Mayor Ferre: Where are we going to get the money for that? Y,-. Kern: Well, I have t,. look into that. We have to look at park funds, F:& L Funds.... M:-. PlurLmer: That's a $100,000 condo per horse. Mayor Ferre: liow much would it cost to build somewhere else? Would it cost less to build it somewhere else? Mr. Kern: We haven't looked at that, I can't see why, we already own the land there. M3yor Ferre: Do we need the stables, Chief? Chief. Harms: Yes, sir, we do. Mayor Ferre: So it is a question of whether we build them here or build them somewhere else. Mr. Fosmoen: It may also be possible to dispose of the land that the stables are on now to offset that price. Chief Harms: We currently have a stable at this time out Milam Dairy Road at the site of the Dade County Stockade. Mayor Ferre: Milam Dairy Road? Do you mean to tell me those horses are trucked in every day? Mr. Fosmoen: Yes, sir. Chief Harms: Yes, sir, that's correct, 66 miles a day, the transportation route that we nave to follow. :mayor Ferre: How much? Chief Harms: 66 miles a day, that's round trip and that drops them off at the various sires. We may well be in a position to dispose of that property and utilize some of the money for the construction of the facility itself. Mayor Ferre: What are the alternate routes, what are the alternate properties that you considered? -hief Harms: This is the only one at the present time to my knowledge...... Mr. Plummer: How about Watson Island? Kr. Fosmoen: There are some development plans that are pending, we didn't see a need to interfere with those at this point. Mr. Plummer: I'm sorry for laughing, but you know, when you start talking about $75,00; a stable per horse you know, I want to tell you something, 203 MAR 17 1981 there are a damned lot of hungry people around here. Mr. Fosmoen: Commissioner, that is a pretty rough budget estimate. Mr. Plummer: Well, I'm using his figures of. $750,000 for 10 horses. Mr. Fosmoen: I understand that. What we're looking for is your agreement in principle and we would come back with budgets and detail drawings for your final approval. Mr. Plummer: Well, you've got me on two points. Okay? First of all I'm not putting stables in the park. All right? I'm just not going to put anything in that park as hard as people around here are trying to do it and I know this is just breaking the door down to get something else in tht park. Second of all I'm not going to spend $750,000. Mr. Fosmoen: We're not asking for that today. Mr. Plummer: Well, you know, if I allow you to proceed that's what is going to happen. Mayor F,2rre: what are you asking for? Mr. Fosmoen: We're asking for your approval to proceed with development of the concept which will include a budget and mere detailed drawings than we have today. Mayor Ferro: well, I'll tell you how I see the thing in general. As I'm sure some of you remember I've been against policemen on horses because I think it is just a terribly inefficient waste of manpower. However, all the reports that come in from New York and Chicago, San Francisco and whatever, for some crazy reason, an,i don't ask me what the logic of it because I don't see any logic in it at all but evidently a man on a horse wearing a uniform e,!ideitly has a tremendous impact on a cammunity both from kids - they're tremendous in black ghettos, don't ask me why; they're tremendous in parks, they're tremendous evidently in high crime areas, don't ask me why. Chief Harms: Yes, they serve psychological advantages. The officer on a horse can see a great distance and can be seen and is certainly an attrac- tion for the youngsters. Mayor Ferre: So I've changed and I think we really, I've changed my mind and it seems that we really should go back to the way Chief Headley used to have it and get more horses, I think more policemen on horses. Chief Harms: That would be anticipated in the design concept. Mr. Carollo: Well, this is what I've been saying for a long time, Mayor, :'ve been asking for more horses. I think not only the psychological impact it is going to have but the additional impact that it will have in times of need I think will more than carry its weight in dollars. Chief Harms: Yes, sir, your concerns would be incorporated into that design. Mr. Carollo: Certainly. I also think that as far as for the image that we want to build of Miami is going to be an excellent image for tourists that come here and see that, even for our local citizens. I think people like the concept of seeinp a policeman on a horse. Mayor Ferre: I'll tell you, if that is the case, then I want those horses as visible as possible. Frankly I think you're crazy about $75,000 per stall, I'll get you somebody who can build those, and I mean first class stables at $25,000 a stall and I certainly want you to go find out whether you can build them for $25,000 and I'm certainly willing to let you go that far and come back to this Commission. As Plummer always says, I'm always willing for you to look at it, if you come back I've always got the right to vote against it. Okay, what does this Commission want to do? :dr. Carollo: Mr. Mayor, my feelings are that it is really ridiculous to :have those horses almost 17 miles away round trip going there and back, if we would have had those horses at a much closer range during times of need in the past months I think we could have controlled a lot of things that happened more readily in the past. I think that we should try to find a closer place. I'm not quite sold on the idea that this should be the place where we should have these stalls but it should be a place that is within 204 MAP 17 1981 i reach of our Police Department in a central area of the City of Miami some- where. I would make a motion that the City Manager be instru-ted to look at other possibilities that are within a central area of the City and to try to get that price down to $25,000 or less per stable. Mr. Plummer: Are you excluding the park? If you are then I can vote for the motion and want to vote for the motion, if you include the park as a possible site then I have to vote against the motion. Mr. Carollo: J. L., I have no problem with excluding the park at this point in time. You know, if they want to suggest the park later on they could do that and you know it is acing to be up to us to decide. I'll go along with that excluding the park.. Mr. Plummer: If you exclude the park now it is going tc force them to go out and look for other places, if you don't exclude it then you know what is going to happen. Mr. Carollo: I personally like Watson Island for that, you know it is a good place there, you know, it would go along with the atmosphere. Mr. F'csnoen: tiir. !.ILI* one of the re sons that we recommended Bicentennial advantage that you create by having an officer Ani if the Commission wishes we will look at other sites but -:ou-,'t _seclude us at this point from further examination ] tel] you, obviously three members of this Comrission will it is the majority, I think we should not preclude any it t•:r:; you want. ref, let mr: ask you a question. Where would you prefer at to see those stables built? -, would like to leave it open at least at this point so that other alternatives, that seems very attractive, so that we r. the investment that is already made and encourage utilization rk and the adjoining public properties. 5o you're positive towards the idea of having the stables at ::,trrr,:,ial Park? icf iiarms: At this ioint it seems to be a good idea that we'd like to t2x- lore and we will not rule out other possible locations in our presenta- :: on to the Corission. Mr. Carollo: What do you think about Watson Island, do you think that is w,.hi:, the range of what we're looking at? C;.ief Harms: That might create a little more problem for the horses to move from the island to their downtown beats because of the speed on the causeway a.; some of those kinis of problems but we'll certainly take a look at it. M:-. Plummer: How about Miami Avenue and Flagler Street? N.9yur Ferre: What's the will of the Commission? Do you want to make a m.t ion? Mr. F'lununer: Yes, I'll make a motion the administration be...... Mr. Carollo: There was a motion already. V.I. Plummer: Oh, was there? I'm sorry. Mr. Carollo: I made my motion and I excluded Bicentennial Park. Mr. Plummer: I second the motion. Mayor Ferre: Further discussion? If this motion fails then I'm going to make a motion that it not have any exclusions, in other words that you have a-, open hand at looking at all the po s s e alternatives including City Hall in Coconut Grove. I�•GJ) V�i N,f;=' '17 1981 MI Mr. Carollo: Second Floor to the right. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-231 A MOTION AUTHOP.I-.ING AND DIRECTING THE CITY MANAGER TO IN- VESTIGATE THE POSSIBILITIES OF CONSTPUCTION OF HORSE STABLES/ CANINE TRAINING FACILITIES IN A CENTRAL AREA WITHIN THE CITY LIMITS, EXCLUSIVE OF BICENTENNIAL PARK; FURTHER DIRECTING THE CITY MANAGER TO ATTEMPT TO REDUCE THE CONSTRUCTION COST PER STALL TO $2`,000. Upon being seconded by Commissicner Plummer, the Notion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando _...rasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mr. Carollo: Since we were talking about Bicentennial Park and the securit•✓ there, Chief, can ''oll stay for i:"other md:iute:' i would like to bring some- thing for discussion briefly, t'.r. Mayor. _ yei Ferre: As long as you can do it within the next two or three minutes Mr. Carol'(,: I think oni cf the problems that we have at Bicentennial Park is that ;:l we ha':e toy +:,•any .!irt mounds that stops the visibility from one pace to another where people can hide behind them and commit a lot of the t%- es of incidents t?iat have l)een happening there in the past. This also Puts a cre-at limitatic:: c,ur eFficczs when they go through the park patrol - that hark when they c�r,'t have a:, view of the whole park. There are so many mounds of dirt that blocks your view adequately and people could h__de around them. I would like for the administration to study the possi- ibility - and quickly, not the type of studies that we sometimes do that it takes a year or two to get them back, to do away with these mounds of dirt in the park so that when our officers go in there they could have a more clear view and people can't hide behind them to commit a crime. Mr. Plummer: Joe, let me tell you something. You know I fought that battle five or six years ago and I was told that we paid $200,000 for Alfred Durell Stone and that was his big thing that those berms had to be in that park because without it it would be just a flat piece of ground with no contours and, you know, Danny Paul got up here and screamed about you're not going to be able to see the water and Ferre says--------- Joe, go get the minutes and you'll read the whole thing. Mr. Carollo: Is this guy related to Noguchi by any chance? Ms. Plummer: Yes, I think, I don't know. Kr. Carollo: Chief, what I want to know from you is what your opinion is. Do you think these dirt mounds, in fact, are hindering the effectiveness of -your police officers to patrol that area? Do you think they are encour- aging crime? Chief Harms: In response to your first question, they do limit the view of the officers going in. Any time you have a design of that type there's a trade-off and one of the trade-offs deals with the ability to view what is occurring in the park itself. From a police stand point it would be much easier to see what is going on if it was completely flat without any obstruc- tions at all but that would probably be a very unattractive place and I think probably what we are looking for is a balance betwern the tw�i-it does inhibit the abilit; of the police officer once he is in the park to see what is on the other side of the berms or on the other side of the shrubbery, to what degree at this point I don't know, I think that can be offset by increasing the fre- quency of patrols and it is certainly something that we can look at in con - ]unction with the Parks Department. Mayor Ferre: All right, thank you very much, Chief, we'll be back to you ,n a little while. 206 MAR 17 1981 0 6 Mr. Carollo: If I may make one r;;,)re statement, Mr. Mayor, I i::}: that the grief that those mounds have caused to so man,. individuals already is really not worth it and I would like to make a motion, for the administration to get back to this Commission no later than the last meetin-; of A-pril with a recom- mendation and how much it would cost and w;:at it w ) ;1,i take to do away with them. Mayor Ferre: I' 11 tell you ric:ht ut: front T'm a,l; 1.:. t:,at a:. if you make a notion I'll recognize you for that purpose. Is e a Mr. Plummer: Yes, I'll second the motion just for 1ev,:1ol:ln,: the cost factor. Mayor Ferre: Fine. Further discjssion? C_11 the roll. Thereupon, the preceding motion intrc.-iuced b • Co:::.T.issioner Carollo and seconded by Commissioner Plummer was defeated by the following vote - AYES: Mr. Carollo and Mr. Plummer. NOS: Mr. Lacasa, Rev. Gibson and Mayor Ferre. 89. ADDITIONAL BALLOTING -- SELECTION OF CITY M.ANtiGER: DEADLOC►. 4%D "TABLI5H DATE OF APRIL i FOR SPECIAL MEETING TO CONTINUE DELIBERATIONS. Malcr Ferre: All ririht, let's get on to the voting now on Iter;: L1. I think noa that we have a full Commission here I think we ought to get on with this ttunq an~ get it over with. :•i c...."..'i_'r _.-, Our" :i'..:?,)l:r"lr system s1lartln7 with 21 or 1 }Mummer: .tr. Mayor, I wouI6 like tc lust express one Com-7-assioner's :e` ter a,_ ar. ' others did likewise', I have vt ,his ;vint no ,c•ason or arty intention of changing from the man that : backed yes- cterday ar;ci expressing my own opinion for what it is worth I would hope that we could hold today to ]2 ballots and if we don't reach something by the 12th L,El ot. of today I seriously consider that we should start lcoking into other a.ea�- an,: realizing that what we have is just not going to work. I am will- irg to (-o up to 12 ballots today, if there is movement, of course, and I just wanted to say that up front what I feel and what I'm looking at. M.yor Ferre: All right. M Carollo: What I would suggest, Mr. Mayor, is that we go through a sub- s-.antial amount of ballots, I think 12 might not be enough, and if we can't crime to an agreement today we should pick a date, next week sometime, after we all have had some time to sleep over and re -think all the candidates that have applied or might apply and then we should pick a date next week, be ready to come in and stay here the whole day if we have to to pick a City M.inager and then and only then if we can after we've spent a whole day here next week then we should consider other alternatives to take. Miyot Ferre: Well, theses are all opinions and you're all entitled to express teem, whatever the three of you want, the three of us want is what we're going t :) do. Mr. Lacasa: I would like to express my opinion on this subject. I feel that w� have been at the question of the City Manager for quite a long time now. Tne names that have been in consideration yesterday and that probably will be in consideration today are well-known to all of us so I don't see any differ- e%ce between whatever we can do today and whatever we may do next week so my pDsition will be to stay here until after we find a City Manager. We need a City Manager, the City has been without a permanent City Manager for quite a while so I am willing to stay here until whatever the time in order to appoint a permanent City Manager. Mr. Carollo: Let me say this, Mr. Mayor, I came prepared today to stay here until tomorrow if we have to to pick a City Manager. I mean if there are two other members of the Commission that are willing to go along with me I've gat my blanket in my office. Mayor Ferre: Fine, if you have two other members that concur with you then 207 - � �31 r ^ I think that would be fine. Nc.: let's see if we have any other opinions to be expressed here. If not, I'll express my position on this. I think that we're in the midst of very very difficult times in the City of Miami and I think we've aot to go about this in a very intelligent conscientious mature well thought out way. I think we've done that under very difficult circumstances. I do not think this is an endurance test nrjr do 1 think that this is a popular- itv contest nor do I think hopefully that it is a political contest and it shouldn't be any of these things. I think this is the single most important decision the members of this elected body have to make during their tenure in office and I res,,ect each and every one of you for your ideas and the way you approach this problem. I plc think that we have to have certain limitations. We have been accused of running, a Roman circus here, we've been accused, I have been accused of participatinq in a side snow in the selection process of Commissioners and of Managers in the past.. I certainly dcn't do that inten- tionally, it just happens to be the way the system works and I think we all have to understand that this is not an easy system. But especially when you have 5 members of a Commission when 3 make the majority. So I would like, if I may, gentlemen, this is all I have to say if I may have your attention for 30 seconds just to tell you that I think we should proceed with 12 votes and then at that time, Joe and J. L., I'll open it up for discussion and whatever the majority of 'his Commission wants to do is fine with me. If yo,.i want to c-;,.` inuc. voting t:iat's Okay. If you want to do what Plummer recomrn-nds that's Okay too but let's make that decision. Let's go 12 votes and then I will uien the floor for any motions that any one of you may want to make. ukay'r is that acceptable? Rev. Gibson: Mr. Mayur, I'm thinking if we - I want to follow up on what you su.geste3, Plumrex, if we were goinu for a search, if we were goina out on a searc;-: what_ woul we Lc looki::a for-., All right, yes, naturally a City Man- aCer, !::'it wtil8t are Full uu-a:i t0 be lOGKinCj for? GihsDn, that's my estimation of it. I don't th:nf. we'r4 QC:I. I 2.' :I1 thlriu o se 6y ;oing for a national search at this point in ti:n_ we cc,n't have l efcre us already. The only conclusion that I've come to is t};,at we're goir.g to be out buying time from somebody. Rev. Gibson: Okay, Yr. Mayor, maybe what we ought to do is go with your 12 votes. I doubt that we're going to meet any oneness of mind. When you went out last time what were the specifications, what were the requirements? Mr. Plummer: Father, as I recall, we engaged the firm of Arthur Little and Company. Each Commissioner sat down and we wrote on a piece of paper what qualities we would be looking for in a new manager then all of those papers were collected, a consensus of those papers were drawn up by the administra- tion and forwarded to Arthur Little, you know, the standard motherhood things were there, honesty, integrity, loyalty, dedication, but there were other things that were included in that and some of them were very interesting but basically - let me just take you through the time frame, and I want to tell you from the onset, Father, I am very very much opposed to going out of this City or South Florida for a new Manager. I want to tell you that, I'm very much opposed to that but I'm very much, I'm very much opposed to let this continue on as it has. Okay? I want to tell you that so I'm torn between the two. Taking you through the time frame we engaged the company after a search of the companies that did this kind of a thing and we chose Arthur Little. They came doan, here, r^ade their presentation before the Commission on how they would do this. They would advertise nationally, they would ac- cept resumees up to a certain deadline, they even did the interviews and they interviewed the people. There was also, for example, a maximum age, a minimum age, a certain minimum requirement of education. Mayur F'erre: fie was here. Mr. I'luminei : Well, lie was asking me and maybe he wants his memory refreshed, I don't know. They did interviews and they came up with 6 candidates and tho:.e t. (%vvaidates, the names were presented to us with the background. Then thus 0,mmission decided how many we wanted to hear from and those 6 pE_•oplt- here, they made a presentation before this Commission and then wc. weAnt tr, the vote. Merritt. St.ierheim was one, what was the guy from the Beach, the• former Manager before O'Brien - Frank Spence. Joe Grassie was one of theta, that war, three out of six.... Mr. Carollo: Incidentally, something kind of ironic, I understand Grand Rz4!�ids, mlc•hiryan is also looking for a City Manager, I thought I would bring itouc as a point of information. 208 MAR 17 1981 P 16 Mr. Plummer: Well, I read in Mr. Kassewitz's column not happy where he is so who knows. Anyhow, Father, Commission set the basic criteria of what they were they proceeded to do the search. As I recall it was not sure which. Rev. Gibson: May I make a suggestion? Mayor Ferre: Father Gibson. today 'ir. Crassie is that basically - this looking for and then $6,500 or $8,500, I'm Rev. Gibson: If after the 12th ballot we have not come to a conclusion I would hope that the five of us would be willing to say what we are looking for in a man and at that point in time, I wish we had done this at the very beginning. Mayor Ferre: Marie, do you want to do me a favor? Somewhere in my files I asked and Lupe had gotten for me specifications that at one time Arthur D. Little wrote for us and we spent hours and hours reviewing. Do you want to either get Lupe to get you an extra copy or get that copy - I sent them to all the members of the Commission. Do you remember that, Nestor, we sent a copy to every member of the Commission? Okay. Mr. Carollo: I think that each one of us knows what we're looking for in a City Manager, you know we could play this game from now until hell freezes over and add this specification and add this quality and you knuw, if they like to eat spaghetti or they like to eat black beans and rice or whatever yoi like to put in there but I think what it comes down to, being the bottom line is that we have to meet and lock ourselves up until we come out with a City Manager. I don't think we're going to be in any different situation if we open this up to a national search and then we're back in the same posi- tion as we are now, that we'll open it up to an international search, then who knows what, maybe we'll go into outer space looking for a manager. I think what we need to do is spend a little time on the most important thing that we're going to be doing for the City and lock ourselves up in this Commission Chambers and pick a City Manager. Now granted, we spent a long day here yesterday, some of us might need to re -think what we want to do, look at the background of some of the candidates that have been presented acain. If we can't reach an agreement today then I suggest that we pick a date next week and make a Special Commission Meeting and stay there 24 hours if we have to or longer like we have done in the past when members of this Commission were appointed. Mayor Ferre: All right, we have a divergence of opinion on this and we'll broach it at the end of the 12th vote if we get that far. I just have one lust word with regards to searches. You know that's what President Reagan did in the selection of most of the people that went into government and that's what General Motors does and that's what most of American industry and government does so I don't think there is anything wrong with necessarily with going with a search. Let's vote now, we're on vote #21. BALLOT NUMBER 23. Gary - 1 - Plummer Fosmoen - 2 - Gibson, Ferre Cepero - Carollo, Lacasa BALLOT NUMBER 22 Fosmoen - 2 - Gibson, Ferre Gary - Plummer Cepero - Carollo, Lacasa 209 . MAR 17 1981 BALLOT NUMBER 22 Fosmoen - Gibson and Ferre Gary - Plummer Cepero - Carollo and Lacasa BALLOT NUMBER 23 Fosmoen - Ferre and Gibson Cepero - Carollo and Lacasa Gary - Plummer BALLOT NUMBER 24 Cepero - Carollo and Lacasa Fosmoen - Gibson and Ferre Gary - Plummer BALLO'i NUMBER 2.5 Cepero - Lacasa and Carollo Fosmoen - Ferre and Gibson Gary - Plu-comer BALLOT NUMBER 26 Fosmoen - Ferre and Gibson Cepero - Lacasa and Carollo Gary - Plummer 5.ALLOT NUMBFR 27 Fosmoen - Ferre and Gibson Cepero - Lacasa and Carollo Gary - Plummer BALLOT NUMBER 28 Fosmoen - Ferre and Gibson Cepero - Lacasa and Carollo Gary - Plummer BALIOT NUMBER 29 Fosmoen - Ferre and Gibson Cepero - Lacasa and Carollo Gary - Plummer BALLOT NUMBER 30 Fosmoen - Ferre and Gibson Cepero - Carollo and Lacasa Gary - Plummer BALLOT NUMBER 31 - Fosmoen - Ferre and Gibson Cepero - Lacasa and Carollo Gary - Plummer BALLOT NUMBER 32 Fosmoen - Ferre and Gibson Cepero - Lacasa and Carollo Gary - Plummer Mayor Ferre: All right, it's obvious from the balloting that I don't think changed in 12 votes, that we obviously have a deadlock here between 2 individuals. Nobody can get a 3rd vote, it seems. And so what's the will of this Commission? Mr. Carollo: Mr. Mayor, as I've stated previously, I'm ready to stay here until whatever time we have do to pick a City Manager. 210 ist MAR 17 1981 E 6 Mayor Ferre: Let's put that to a vote. Mr. Carollo: I don't think that we have the 3 votes here. If there are 2 other members of the Commission that are in agreement with me, let them speak up. Mayor Ferre: Okay, I'll... Mr. Carollo: If thev're not, then my motion will be to take some time, go over the resumes, talk to the individuals that have been voted for here, that have presented their applications, and for this Commission to hold a special meeting to select a City Manager this coming Monday. To come here at 9:00 o'clock sharp and stay here whatever time we have to until we pick a City Manager. Mayor Ferre: Is there a second for that motion? Father Gibson: I'll second it. Mr. Carollo: �;ibson seconded the motion. ;Mayor Ferre: You know, I'll tell yeti, I've got a personal nobler:. T cannot be ticr(- `cr 2 weeks. Joe, it deals with my family and I'm sorry. I think you understand that. I'm very sorry. Mr. Carollo: Okay. Well, are you going to be here on Friday, Mr. Mayor' Mayor Ferre: Sir? Mr. Carollo: Wiil you be here Friday? Mayor Ferre: No, sir, 1 will not. I'm leaving Friday. In fact, I held up this whole thing for one week just to be here on this. Mr. Lacasa: 1 for one, I intend to be here today until whatever the time. I don't believe in breaking this. I don't have to go over anv mnrp resumes, I don't have to talk to anyone else. I have my mind made up. I have stayed 32 times with the guy that I feel that is qualified for the job, and I intend to remian with that candidate for 700 times if necessary. But that's my position and I want that to be done today. Mayor Ferre: Yeah, but you see, my position is absolutely the same. And Plummer has stated that his position is the same, and the 3 of us have 3 separate candidates. It is mathematically, physically impossible for anybody to get 3 votes unless one of us changes our position. Now, since that has not happened in 32 votes, I think it is patently obvious that nobody, chat we're not going to make the selection this way. Now, I go back, Fa,�her•Gibson, to tell you that the only, that I think what we ought to do in this process is extend Fosmoen again, go to a national search, get the best company in the country to recommend 5 candidates to us. We --t the specifications, we come back here, it will take them 120 days to do that the way it did last time, and in 120 days we select out of the 5 Ur e people that they're going to recommend. Mr. Carollo: And Fosmoen will be here then for Gould's projects, and the condominiums some people want in Bicentennial Park, and who knows for what else s cooking behind the scenes. Mr. Mayor, I'm not in favor of extending Mr. Fosmoen's time, and I'm not in favor of going for a national search that's only a smoke screen so that Fosmoen can stay as City Manager. 1 am willing to extend the balloting here today as many times as we have to, if there are 3 votes on the Commission that are willing to do that. I'm willing to stay. I came prepared to stay as long as we had to. Mayor Ferre: Make your motion. Mr. Carollo:* Now, if there are 3 members of the Commission that agree with this, I'vr asked them to speak up. Since I haven't heard any one else speak up outside of Commissioner Lacasa, then I think we're in a ist 211 MAC 17 '1981 Mr. Carollo (continued): minority, and the next step is to see if there is 3 votes for ny Motion of a=ae(i;tl i.o-,n1c;sion meeting. Now, Mr. Mayor... Mayor Ferre: I will accept that. Mr. Carollo: ...you stated you had some things that are very personal ant: very important, you have to be away from tourn for 2 or 3 weeks. Can we get a date when you will be back? Mayor Ferre: I'll be back on the 6th of April. Mr. Carollo: On the 6th of April. Can we then make that the date that we hold a special Commission meeting; and b« r-ndy to come here for the whole day, a day and a half, or whatever time we need to pick a City Manager. Mayor Ferre: Whatever is the will of this Commission as a majority is fine with me. I'll accept your motion. Is there a second to that motion? Father Gibson: Mr. 11:avor... Mr. Flur--cr:er: whz it, is the motion? Father Gibson: The motion is that we come back here on the 6th of April and make a decision. M;iyor 'Ferre: After the 6th. I'm coming hack on the 6th. Father Gibson: That', a Monday. All right, let's all agree ... Mr. Mayor, may 1. offer a suggestion? Mayor 'Ferre: Yes, sir.. Father Gibson: You will be back here on the 6th. Mayor Ferre: On the afternoon of the 6th. Father Gibson: All right. Mayor Ferre: Well you know, let's... there's a motion on the floor and I'm looking for a second for that motion. Mr. Plummer: I'm asking again, what is the motion, Mr. Mayor? Mayor Ferre: The motion is that we come back here on a date certain, April 7th, April 8th, whatever day is acceptable to the Commission, and that we stay here all day until we select a Manager. We meet until we select a Manager. Mr. Plummer: Well, let me ask you what we would hope to accomplish by that? Mr. Mayor, we have gone...I shouldn't be asking you, it was Joe's motion. If we have gone 12 votes today basically without any movement, -I fail to see what would happen by April the 6th. Now, you want to put if off until ... what'F today? Today is Wednesday. Father Gibson: He says he's going out of town. Mr. Carollo: Well the reason we're putting it off so long is not because I want it. The Mayor says he has to be out of town. Father Gibson: Mr. Mayor, J.L., let me express myself. I will go for a date when the Mayor is hack, and here's what I'd like. This is what Theodore Gibson would want. Nobody has mentioned this. I would want each man to put his resume on the table. Mr. Plummer: Gary... Fine. Father, the 2 main individuals, Mr. Fosmoen and Mr. 212 MA i, 17 1081 1st Father Gibson: All right. Mr. Plummer: ...I even met with Mr .... what's the Iran's name, :3? Mayor ierre: Cepero. Mr. Plummer: Cenero. I met with him. I did not spend... (INAUDIBLE BACKGROVND CO;LtEtiT PLACED OLTSIPE OF THE PUBLIC RECORD) Mr. Plummer: `y apologies to the pentlomen. Mr. Mayor, I have met 6 hazer, with Mr. Fesmoen. And I met 6 hours with Mr. Gary. And I took a hn2get hook, and I went through every department with both of those men. Now you knpw, if ethers didn't takr the advantage of doing, then, well, kk t. And T want to to1I y,i somerhi o I've come to my Wn YoW2 tc. change. And April 6th isn't going uy the opportunity to do what you did. r ,. 7th, that's Tuesday. a c,rndominium t" you guys' -K rr , iciaq their calendars, I ai out Mr. Knox. W ty At turney to speak to !Vn ncw Lhat the judFc has ruled itut :Aal, what is next? The 7 i,,-,ayhc answer it for all the f you'll he prepared after we're t iC,. of we meet on the 7th. As I recall, C .; .. ndp r , I've got 2 things I've got to r., do that if I have to. ,. '. , ;,_ tip,• ::th:' W. !d he had for me... : i- e. Yeah, the 7th is fine. So the motion Apri.7th ..0 spend all day until necessary, starting c : ''r. `l.a_'• or, I would hope_ that it would be under the :, :i i-1 ca i so that it would be limited to a single fhat's is correct. '.a 1 -.. that is cerrc:•i t. .'''.. v,i i orre: That's the sense of the motion. Further discussion? a..: ! i t ne ru; . . 213 MAR 17 1981 The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 81-232 A MOTION ESTABLIS11ING 1-11" ApnTL 7, 1983 AT 9:00 A.1,11. , AS THE DATE OF A SI LCIAl. CITY CO`011E SION MEETING TO CONSIDER THE APPOINT1,1ENT OF A PERMAI ENT CITY MANAGER FOR THE CITY OF MIAMI AND RESTRICTING THE AGENDA FOR THAT MEETING TO CONTAIN THAT ISECE ONLY Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner .Joe Carollo 'ice -;`savor (Rev.) Theodore R. Gibson NOES: *Commissioner Armando Lacasa **?Savor Maurice A. Ferre ARSE:;- : Nolio ON ROLL CALL: *Mr. Lacasa: I vote no, and I am going to explain why I vote no. We have been at this for several months. Not days, not weeks, but months. I remember that when I was appointed to the City Commission, that vote started at 9 o'clock in the morning, and it was not until 10 o'clock that evening that we came to a conclusion. Yes, we have been less than an hour here after so many months of going through this excercise, dwelling on the same candidates, which by now we all know the history of their lives sin,:e they were born, and I see no reason why we should continute postpoining this. It is hurting the City. There is no question. There is some Commissioners here that feel very strongly that we ought to have a City Manager right now, on a permanent basis so we can go about the business of this City on a regular basis. We ':ave gone through 32 votes and there are 2 people, at least, who have been getting 2 votes steadily. There is another one that has gotten 2 votes on accasion, so obviously, one of them at any time could get the 3rd vote. I think this is serious enough to deserve that we continue on this, and that we give it a real pry today, and as I said before, I am willing to stay here until whatever the time because I see no difference between -today and the 7th of April with this type of situation. So I vote no. Mayor Ferre: I think what we're doing here is burying the City of Miami. And I think what we're doing is creating a chasm that we will not be able to overcome. Because we cannot have a ship that is lopping around without a rudder and without a helmsman. And what in effect we're doing here is saying to the world, to the bond counsel that Father Gibson talks about, to the bond market in Wall Street, to the community at large, to people who are applying for jobs, or to the vacancies that may... the uncertainty in the Police Department, that this Manager that supposedly sits here does not have a vote of confidence of the City Commission, that we cannot come to a conclusion. The three of us cannot come to an agreement on an individual. There's no question that it weakens all of us. And I'm not talking about politically, because that's almost insignificant. I... Mr. Carollo: Of course not. 214 MAR 17 1981 ist n 6 Mayor Ferre: What? Mr. Carollo: Of course not. Mayor Ferre: I swear to you, that it is not significant to me. Mr. Carollo: Maurice, who are you trying to CCnrmyincel•.' 'te or yourself. Manor Ferre: I'm trying to convince you becl3usc 1 dk> think that there is a small. shred of decency in you. And I'm trying to appeal to that. Mr. Carollo: well you know, for someone that _;inl know,... Mayor Ferre: I know there's not much. Mr. Carollo: could be taken for T.R..in Dallas, you know, it's nice to iit:,ar that from you. •. , c . -t: • I ,1':c,w t`,:1 here' a ... and I'm telling you that my the welfare of this community, and we're doing; here is playing were playing vendetta games, c: ti:-ens of this s \:ity, by the people who are employees irk c', community and 1 think it's just a if you take a 2 week vacation. 6 rECTS GEORG:: F. K:;OX, Jl:. k'f ' i,e answer from, Mr. Clark and get that Know ... Nr. Clark, do you have that? c-f th, City Commission dated January' recta, st m de by George F. Knox, City Attorney, in a _ the Commission dated January 21, 1981 c it-VC1 from his duties for a period of approximately ntat t:is ,,ersonal and legal problems have been resolved. lark, v:-, use me. We understand. k'hat we'd like to t:,F. outcome of the court hearing today on Mr. Knox. Do i r,t h{ for you, sir? Lave as-.igned an assistant City Attorney to emir: }�r�ce�uings i; order to present a full report nearing, was at 1.30 P.M. 1 have not. received ust ^.iicne cal is to the of fect that the judge has :r.ron5tit_uticn".l. I will have a report in the hands nners by tomorrow morning. No later than 10 o'clock w .'. rnicrt 1 would suggest then, since the Mayor is going to be ,• ;c,u, ',:c're not going to be able to, you know, have a CoT=, ission .•;'..,rant ly. And I think this is something we should all be i wcoj-d sug,r•,,:st that that be the first item to be taken up at t t',er:t fikial Citv Commission meeting on April the 9th and discussed. feelings are that if a judge ruled that it was L,r.co L ;;�tionai, that as far as I'm concerned, and I've stated that from t.c c'"tsEt, thit Mr. Knox should be paid for the time he was given a � „,. of at,5ence for, and he should be reinsgated as the City Attorney. Mr. Carollo (continued): The sar,;e way that. I stated originally, when this came out, that I thought he shouid suspend Himself until it was clear, I'm saying that if he was found innocent, if this is thrown out of e,nurt because it was unconstitutional, that Mr. Knox should be brought back as our City Attorney. Father Gibson: You mean right now? Mr. Carollo: I'in staging that he should be brought back after we get the full description of whet happened. Now if the case is that lie was found innocent or that this is fnlmd unconstitutional, therefore, he was found innocent, that's my feelings. But since we don't have all the facts before us, I guess the next date that we could take this up would be at the next Commission meeting; April tile °t;I. We're meeting; on the 7th to discuss the City Manager, and the 9th I think would be the next available date, and it should be thc, first thing on the agenda. Father Gibson: Mr. City Attorney, is that in order? Mr. Clark: It certainly w-�uld be in order, however, I would assume, and 1 would hope that 'Sr. Knox would be in the office at 9:00 o'clock tomorrow morning if he feels ttlllt his problems have been resolved. That would suit me iui. In an,,, event, I agree that the Cif-v Commission on April the 9th will have their report from me no later than tomorrow morning. Father Gibson: A11 right. Mr. Mayor, he is saying that if what he was told en the telephone is corrc_ct, Lhcn he would hope that the City Attorney would he in the o ficc tomorrow. Mr. Carollo is saying then you could take formal action on... C"')II11-011 15 that if Mr. Knox, if a court, if :i loweI iourt ruler t;iiL ilL 1:; unconstitutional, then 1 concur with what Mr. C;ii-ollo said, and I think that the man should return and be reinstc_ted tnoi rrc`w. I don'L think we need ... if that's what the court ruled, then, I thil:h that should be our position. That's my personal opinion. Nr. Locasa: Mr. '•favor, I am perfectly willing to make a motion that we immediately reinstate George Knox as City Attorney of the City of Miami. Mayer Ferro: If the lot,ust_ court has ruled that the charges that he has been charged with are unconstitutional... Mr. Lacasa: That is my understanding, that he has so ruled. So I want to make that motion to reinstate George Knox as of today as City Attorney of the City of Miami. Mr. Clark: Mr. Mayor... Mr. Carollo: Mr. Clark, I don't think we have to make a motion for that, am I correct? Mr. Clark: I was ji.r.,t going; to say that Mr. Knox has remained the City Attorney. I've only been the Acting City Attorney. There would have to be no formal action taken fc:r Mr Knox to return tomorrow morning. Mayor Ferre: All right, now. With... 216 1 MAR 17 1981 91. APPOI,:T RIC«ARD L. FOS-LICE`?, CITY L:,,:TIL APRIL 7, 19C1 SUBJEICT TO COirTI!1UF.D W? .ITTL.: RESIG.'ATTO.. STIPILATIO,: 01, FILE Father Gibson: Mr. Mayor, I want to raise a question. Even though I voted with Mr. Carollo and I insisted that we ought to have the time to go over these resumes and have a meeting on the 7th, I would like to make a motion that Mr. Fosmoen serves until his successor is chosen. If that is the proper term. Mayor Ferre: I will accept that in the form of a motion. iiitht r Gibson: You need to remember, I have consistently said that you not rur a s'ti �.ithout a captain. And I live by that. We cannot n.: ?It d t; an action like this not knowing that we have to ru:I thr_ Cit, . is there a second to that motion? Is there a nano, what's the will of this Commission on that :. r. `' r, minke a Motion at this time, that :sir. Fosmoen ;ct „z, City `tanager until April. the 7th. c UYI c S ,.,uI t- bc'ion6? :!, r i': :i 11 "!'at will l;o the... t_.}.:.'ljSL' F,,ther i:ihs, r:: Th,it will do the same thing, wouldn't it? ":r. Plummer: No. X.ayor Ferre: Not quite. Mr. Plummer: It'S semantics. Xr. Carollo: The difference is that if we don't choose a City Manager by April 7th, and I have confidence that we will, then Mr. Fosmoen can stay on until... Fcither Gibson: All right, I'll second the motion because all I'll have to do, is you'll have to go through the same process. "ayor 1'er.rC: FoL ther discussion? Call the roll. (CONTINUED ON NEXT PAGE) MAR 17 1981 11f iol oWing re'6 1I11t1Un W 3S iP,trO IUCE?d by Commissinner Plummer, who mu-, et" i t s a U n p t i r,n : RESOLUTION NO. 81-233 A ntAi'POI:;TING RI(I'AR',1- FOSMIOHN AS, CITY MPuNAGER OF THE CITY OF `tl:�';I, FLOPIDA, SUBJECT TO THL CGNT1Nl,'ED APPLICABILITY OF 1ilS kRi_TTFti STIPL'LA110% DATED SEPT"IBER 2, 1980, SAID APPOINTMENT TO REMIAN I`; EFFECT UNTIL THE CONCLUSION OF THE SPECIAL `II`.I."i iLG Oi' THECITY CO' ;; IOti TO BE HELD FOR TiiE PURPOSE CF CONS111)F.RING T11E SELECTION OF A CITY ,LANAGER ON APRIL 7, 1981. (Here fc)111,ow: body of resolution, omitted here and on file in the Oi? i, tl,e City Clerk) Upon l�`: ire+> ..�. �on�'.ed iiy Cut,:r.f ss f � nl,� Gibson, the resolution was 'A"— ado"* I "1-1-2I011t:wlnt� y,.:E' A`'1 5. Cc:..:i..,-ic`nc rJ. L. Piu,:,,;:er, .1r. Vice -'favor (Rev.) Thedore R. Gibson A. Fet re Ars.ando Lacasa l"I "i .LA..:^i; r: Tel C;:ASL ALI_ 1•;IT" THE F.E.C. �;. I';';',i':?" " S1r;AP SFTTL E:-Z,T OFF;:R 11r. Carollo: I think- we have the item discussion of the FEC. Mr. Plummer: Kit it. Mayor Ferre: As far ds the FEC, I think it's a moot point at this time. because a letter was written to us which gave us until the 17th to act. We didn't act, so it's a dead issue. And all we need to do now is wait for the trial on the 23rd. Mr. Plummer: No, 1 don't think that's the case, Mr. Mayor. As Mr. Carolio...Mr. (---ollo) it was Mr. Carollo that asked that we be kept appraised at all ',m(s of whc•: the negotiations were. Mr. Carollo: That is cL rrc.t, .l. L. Mr. Plummer: And that is wh,.t I think we're expecting to day, is for the administr.-lion cc) tell .is what has transpired to this point as far as negotiations are cor,cerned. Mr. Fosmoen: I had one meeting with Mr. hrigharn and Mr. Thorpe. They indicated that they had no Interest in selling the Buena Vista yards the Commission at the last meeting directed me to go back and try to negotiate with them on including the Buena Vista yards as part of the settlement. They indicated that they may be willing to enter into a land trade. But 1 don't have, and neither does the City have availble to it sufficient lands to trade for the Buena Vista yards. That was the last meeting I had with them. And you received a letter from Mr. Brigham indicating that he was looking for a response by yesterday from the City Commission. In addition, Mr. Brigham indicated to you at 218 MAR 17 1981 Mr. Fosmoen (continued): the last meeting that he was under some considerable amount of pressure to prepare for a trial which is scheduled for the 23rd. Mr. C:arollo: Is there anything else that was stated or went on at that meeting or any other meetings, Mr. Fosmoen:' Mr. Fosmoen: I beg your pardon? Mr. Carollo: Is there antl:nk clsc t;:at was stated, or that went on in that meeting or any other meetings? Mr. Fosmoen: I'm sorry, Commissioner, I did not understand your second word? Mr. Carnlio: Okay, was there anythinf, else that was stated.. anvthine . _... •:. �.,.. ,.•:•.•ti,.r, _ .tip'. wh•: :ou're not 'hearing or seeing, pine is %jr. Fosmoen, is that we would -it cc l that particular meeting you ct hac with the representatives '_hat I had to meet Mr. Brigham F,ome time for the trial. . fir to the Buena Vista yard. I'm at c ` t"It., i:it} Commission, you directed me t t e inclt,dc in the arrangement io;;ril kicker, if you will, for the hv the FEC. ,t A71 the problem I have is the statement that „ ;`,_ ti:, t 't 11;r' c• property to swap. r i k:r:.. at a 3 to 1 swap. 1, ,k.r:. 1 thought I made myself clear. Obviously again reiterate one Commissioners thinking. whi(-h says for public interest or public good, or Mr. Fosmoen, if the City were to go t is r-i ri t c : II —Anent domian as we have done in the past, to Namely, as I saw it, across the street or across the tie that property for the purposes of swapping think you will find, I believe the ,t rnr: ,iil confi: this, that it would be impossible for us pr,';1crrry a,ero::s bisrayne Boulevard for the express purpose c: i,,in}; it for the FEC. "'.i . P urm;L . Null, okay. Then it... r Ferrc: And with what money, J. L.? well in lieu of that, then you could possibly negotiate :1 5a l e wi t i, someone across the street. Mi. Fosmoen: Commissioner, the FEC, at no time, has indicated an interest in having property on the west side of Biscayne Boulevard. 219 MAR 17 1981 ■ : s t Mr. Plummer: Well, I' 11 tell ynu k,,:rt , :;r. En ;;,oen, I'm: readv today, if that's the attitude that is prevailing, as far as I'm concerned, I'm react' to make a motion t',at negotiation!. cease. Mr. Carollo: Second. Mayor Ferre: Fir(,. 1'1; vote with it because they're dead. I'm all in favor of it. 1echnic:;Ily, the`, died vesterday. You received the letter. And the letter said you have until t,:c liti, and if you do not react to our proposal by the lith, it is hereby withdrawn. Your notion is totally superfulous. Mr. Carollo: To make sure it's buried since Flummer is an undertaker... Mayor Ferre: It ain't buried. Not for lonk it won't be, but for now it will be. Go ahead, sail the roll. i11it ... ii'v.';a�, �. '.il�ii ..�iti introduced by Commissioner Plummer, who moves its add-ptinn: MOTION NO. 51-234 A MOTION DIRECTING THE CITY MANAGER TO CEASE ALL N`GOTIATIONS WITH THE F.E.C. RAILWAY CONCERNING THE PROF- C)SED LAND EXCHANGE SKTTLEMENT OFFER : Po", Deini- ;=ecenued }u`: Lommissicncr Carollt-,, the motion was passed and adopted by the foil;,wint vote. A'iLS. Cor.:;.itisiot;vr J. L. I-lummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice,lavor (Rey.) Theodore R. Gibson Mayor Maurice. A. Ferre NOES : eons ABSENT: hone 93. DISCUSSIO.� ITE: : POLICE DEPARI".:I:.T ACTIVITIES Mayor Ferro: What else do you want to bury today, Plummer? Mr. Fosmoen: t;L have a discussion... Mr. Plummer: You buries it for me. I'm just doing the formalities, that's all. Mayor Ferro: That's what you do good. Mr. Plummer: And I want to tell you of course, I will expect to send a bill? Mayor Terre: Expect what? Mr. Plummer: Send the bill. Mayor Ferre: Believe me, you will get a bill. Believe me, you will get a bill. Mr. Fosmoen: Items "D" and "E" of the Committee of the Whole. 220 ist MAR 17 1981 Mayor Ferre: Discussion of the Police Department activities. Let's start with that one. Mr. Fosmoen: Mr. Harms ... Chief Harms and Mr. Krause are here to review the memorandum dated February 19th. Mr. Plummer: And Chief Harms, 1 want to tell you something. Between this morning and 12:30, this afternoon at 3:00 o'clock somebody stole MY coffee cup. And it was my pride cup because it was Coors beer. Chief Harms: It was an inside }ch. Mr. Plummer: I think you're right. Mr. Carollo: I would check out the 2 gL.vs taht are sitting next to him. Those are the closest people. Mayor Ferrc: That have their offices next to them. That's probable. ?1r. Carolle: That's been dont' already, I hear, Nr.. Mayor. Mayor Ferre: Any other questions. :lr. Fosmoen: 'uo(.:,, :.hQ Commission have any questions that they'd like responded to on the police recruitment memorandum? 't.: ;„r Fi,rre : An•.... i-(,�:norn: The Commission may- be interested in the kind of r public recruitment material that's being distributed. `r. i'iu=,er: Very fine report, Chief. 'next item. 9;. Al T::C;:%I� L SPLCiFIC E::L.iPTI0.:5 TO Tiih ;iIRI. G FREEZE Mayor Ferre: The next item is the hiring freeze, and let's go over them specifically. Mr. Plummer: Can I have a... Mr. Fosmoen: Mr. Mayor and members of the Commission, I distributed to you a memorandum which indicates that we currently have 117 vacant positions and I'm asking that 28 of those be filled at this time. Mr. Plummer: What item is that? Mayor Ferre: Let's go over them one by one. Mr. Fosmoen: It is Ite:, "F" was in your suDDlement.al nackaoa, Mayor Ferre: Is that item E? I don't have... Mr. Fosmoen: It was in your supplemental package. Does anyone need a copy? Mr. Plummer: I had the supplemental marked. Mayor Ferre: All right. Mr. Fosmoen, let's go one by one. Zoning lnspector. Mr. Fosmoen: I'm recomn;ending 2 positions in Building and Zoning. They are both affecting our ability to complete inspections and they both impact revenues. ist 221 LMAR 17 1981 Mayor Ferre: All right. Is there a ;notion on the 2 zoning inspectors. Mr. Lacasa: I move. Mayor Ferre: Is there a second? Is there a second, Father Gibson on the 2 zoning inspectors. All right, Father Gibson seconds. Further discussion? The hiring freeze on the Building and Zoning inspectors, the 2 people recommended. Further discussion? Call the roll. The following motion was introduced by Co .missioner Lacasa, who moved its adoption: NOTION NO. Pi-`'35 A MOTION TO MODIF ' THE EXISTING HIRING FREEZE TO PERMIT THE HIRING 0Y 0::1: I_;`i`SPECiOR I AND ONE CODE COMPLIANCE I'NSEPCTOR I. IN THE DEPARTMENT OF BUILDING A -ND ZONING INSPECTION Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the followins, vote: AYES- Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa; Vice.Maycr (Rev.) Theodore K. Gibson Mayor Maurice A. Ferre NOES: .:cnc ABENT: N:,nc+ Mayor Ferre: All right, how about Computers and Communications? Mr. Plummer: Move to deny. Mr. Lacasa: Second. Mr. Fosmoen: There's one position in Computers and Communications that is impacting our ability to implement the Booze Allen recommendations. Mr. Plummer: Cull the roll. Mayor Ferre: Well, if you don't have the 3 votes to get it, we know... that means that we can't...you're saying it's going to affect the Booze Allen report? Mr. Fosmoen: Of course. Mayor Ferre: W1: -? -Mr. Fosmoen: He can't d,velop systems to continue to implement.... Mayor Ferre: Well get somebc•d., else: to ... can't you transfer somebody to do that? Mr. Plummer: That's what I've been saying for 6 months. Mr. Fosmoen: What? Mr. Plummer: Transfer. Mr. Fosmoen: Transfer what, Commissioner? Mr. Plummer: Transfer somebody out and somebody in. Mr. Fosmoen: Commissioner... ist i>n AW.2 MAR 17 1981 Mr. Plummer: I'll move that one assistant Labor Relations Officer. I'll move that. Mr. Ongi.e: We did not call the roll on the denial on communications. Mr. Plummer: Maurice said forget about that. Mayor Ferre: Second? Is there a second? All right, Gibson seconds. Further discussion? Call the roll. Mr. Plummer: This is on the assistant Labor Relations The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-236 A MOTION TO MODIFY THE EXISTING HIRING FREEZE TO PEP -MIT THE HIRING OF ONE ASSISTANT LABOR RELATIONS OFFICER FOR THE OFFICE OF LABOR RELATIONS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -`Savor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Armando Lacasa ABSENT: Commissioner Joe Carollo Nr. Plummer: I move one senior senior... Mr. Fosmoen: Have you passed over the Finance Department and the I.aw Department? Mr. Plummer: Yes. I move one senior managment analyst in the Department of Management and Budget. Mayor Ferre: Wait, wait. You know that I have a vacancy in my office. Are you going to do that to me too? Mr. Plummer: No, sir. I didn't see it. Is there one in your office? Mr. Fosmoen: The Mayor's Office, one administrative secretary. Mayor Ferre: You saw it. Mr. Plummer: No, sir, I did not. Mr. Lacasa: I move the administrative secretary II for the Office of the Mayor. Mr. Plummer: I second the motion. Mayor Ferre: Further discussion? Call the roll. ist 43 The following notion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-237 A MOTION TO '400IFY THE EXISTING HIRING FREEZE TO PER,iIT THE HIRING OF O1i: ADMINISTRATIVE SECRETARY II FOR THE OFFICE OF THE MAYOR Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor M.iurice A. Ferre NOES: None ABSE':T: t:otrj%iss:c-,.Pr Joe Carollo Mayor Ferre: Management and Budget. Mr. Plummer: I move it. Mayor Ferre: Fl,!mmer moves. Father Gibson: Second. Mayor Ferre: Gibson seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-238 A MOTION TO MODIFY THE EXISTING HIRING FREEZE TO PERMIT THE HIRING 01' ONE SENIOR MANAGEMENT ANALYST FOR THE DEPARTMENT OF MANAGEMENT AND BUDGET Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodre R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Armando Lacasa ABSENT: Commissioner Joe Carollo 224 MAR 17 19 81 ?r: I move one heavy equipment maintenance mechanic. )son: Second. re: Moved and seconded. Further discussion? Call the roll. following motion was introduced by Commissioner Plummer, who adoption: MOTION NO. 81-234 A MOTION TO MODIFY THE EXISTING }'?u.TNG FREEZE TO PERMIT THE HIRING OF ONE HEAVY EQUIPMENT rimNTENACE MECHANIC FOR THE DEPARTMLNT OF BUILDING AND VEHICLE MAINTENANCE being seconded by Commissioner Gibson, the motion was passed ed by the following vote: Commissioner J. L. Plummer, Jr. Vice -'Mayor (Rc. ) Theodore R. Gibson Mayor Maurice A. Ferre Commissioner Armando Lacasa Commissioner Joe Carollo move one Convention Manager assistant. Ferre: Is there a second? Further discussion? Cail the rote. 'IIie following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-240 A MOTION TO MODIFY THE EXISTING HIRING FREEZE TO PERMIT THE HIRING OF ONE CONVENTION ASSISTANT MANAGER, FOR CONFERENCES AND CONVENTIONS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Armando Lacasa -ABSENT: Commissioner Joe Carollo Mr. Plummer: The other one I can't find is the investigator for the Law Department. Mr. Fosmoen: It's under self-insurance on the 6th page, Commissioner. Ono legal investigator and one legal steno. Mr. Plummer: No, not steno. I move the investigator. Mayor Ferre: All right, is there a second? Father Gibson: Second. Mayor Ferre: It's been seconded. Further discussion? Call the roll. 225 MkR 17 1981 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-241 A MOTION TO MODIFY THE EhISIING HIKING FREEZE TO PERMIT THE HIRING OF ONE LEGAL INVESTIGATOR I FOR THE SELF-INSURANCE DIVISION OF THE FINANCE DEPARRIF.NT Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: C-mmissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mavor Maurice A. Ferre ;'OES: Commissioner Armando Lacasa ABSENT: Commissioner Armando Lac•isa Mr. Plummer: Mr. Mayor, I at this time the right and permission be granted to the Department of Sanitation that lateral moves be permissabie so that they can make iateral moves within the department. didn't think that it was necessar,,, but there seems to be some technicality allowing_ them to make lateral moves. I make that in the from of a motion. Father Gibson: Moved and seconded. Further discussion? Call the roll. THEREUPON, THE FOREGOING MOTIO'r, duly introduced by Commissioner Plummer and suconded by Gibson was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice-Mavor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo NOTE: This motion was later recinded this same meeting. 440 W 0 6 Mayor Ferre: Alright, Mr. Manager or Pat is there anybody or anybody in the Adminstration that wants to make any special plea for any... Mr. Patterson: You have one Administrative Aide on the list Mr. Mayor, (inaudible) for the six and a half million dollars worth of waste fees that we requested to be filled which is quite critical to us. Mayor Ferre: How many people is that? Mr. Patterson: One Administrative Aide who will supervise the billing system for the six and a half million dollars of waste fees that we anticipate_ collecting And we ask that, that position be filled. Mr. Lacasa: I move. Mayor Ferre: Lacasa moves, Gibson seconds, further discussion? A Solid Waste Administrative Aide, call the roll. Mr. Plummer: Wait a minute, then. When you do that I want to withdraw the lateral moves, because that's what I was working on. So I want to withdraw that. Mayor Ferre: Does that create a problem for you Patterson? Mr. Patterson: Sir,... Mr. Mayor, it's my understanding in talking with Commissioner Plummer about the intent of the Commission on the hiring freeze to preclude or prevent promotions, but rather to bring people in from the outside. In the directive which we received from the Manager setting the Corunission guidelines, it allows us'to prom-0te iriterriall}. That's what 1-think the Commission is talking about. Mayor Ferre: Well, what Plummer is telling you is that you are either going :o get your Administrative Aide or your lateral move, but you are not going to jet both and if you get an Administrative Aide he is going to without the 4hree previous motions. Mr. Patterson: Well, but what I'm saying Mr. Mayor, is that the lateral move that the Commission is talking about was not a part of the hiring freeze taiheo about. Mayor Ferre: I see. Ok, so call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption. MOTION NO. 81-242 A MOTION TO MODIFY THE EXISTING HIRING FREEZE TO PERMIT THE HIRING OF ONE ADMINISTRATIVE ASSISTANT II. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ;Mayor Ferre: Alright, what else do you have? Anything else? You need a lawyer. What is that you need? :sir. Clark: I need a Legal Stenographer. At least one. We are at three now. We got pending requests from the Administration. We have a terrific problem. We have been under a strain. I would suggest .hat you just give us one Legal Stenographer. 297 MAR 17 19 81 Mr. Plummer: Everybody is under a strain Mr. Cl;ir. . Yoti can pool your Stenographers. Mr. Clark: We do have a typing pool. Mayor Ferre: J. L., we got three votes on that. Mr. Plummer: You got the three votes, go with it. Mayor Ferre: Armando Lacasa moves and Gibson seconds, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-243 A MOTION TO MODIFY THE EXISTING HIRING FREEZE TO PERMIT THE HIRING OF ONE LEGAL STENOGRAPHER FOR THE LAW DEPARTMENT. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: Mr. Plummer and Mr. Carollo. ABSENT: None. Mayer Ferre: Now, what else? Mr. Plummer: I now ash: for reconsideration on the Sanitation Department. Mayor Ferre: There is a motion to reconsider the Sanitation Department. Mr. Plummer: Is is in reference to the lateral moves. Mayor Ferre: It's been seconded by Carollo, call the roll. / ., r -? T ! . , t Mayor Ferrc: No, no, no, don't do that J. L. Mr. Plummer: You are not going to do to me this through the back door what you can't do through the front. Now, I had an understanding with the Sanitation Department. I was well in accord and now I'm being sabotaged, ok? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: We are in a roll call, can I stop? Is that permiss... Alright, Mr. Lacasa, I made a motion to allow the Sanitation Department to make lateral moves. There was some hesitation, ok? So that they could move people within their department. (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: No, they weren't, ok? Mayor Ferre: You didn't hear what he said J. L., you were on the phone. Hey, repeat what you said Pat. Mr. Patterson: Ok, I talked with Commissioner Plummer a few days ago about this and what the techicality involved was that the Commission's original intent were not to preclude departmental promoting internally. Mr. Plummer: And transfer. Mr. Patterson: we are promoting internally. Mr. Plummer: I got no... Mr. Patterson: The position that we are talking and I think the Commissioner 228 MAR 17 1981 J is referring to on the lateral promotions for internal promotions. Mr. Plummer: I had told you, I had no problem with that. Mr. Patterson: Well, this was just a technicality. The only position that we are here before you today is the one Administrative Aide position. Mr. Plummer: Are you going to move somebody in the department up to that and hire a ninety-nine at the bottom? Mr. Patterson: No, sir, this is a clerical position. We cannot move into Administrative Aide a Waste Collector. Mr. Plummer: I saw a woman driving a huge garbage truck this morning. Mr. Patterson: That's true Commissioner, but we have six and a half million dollars of waste fees riding on this position and we need a supervisor there to burden all that. We are only asking you for one position. Mr. Lacasa: What you say is that you don't have a qualified person in the department to take that position, is that what you are saying? Mr. Patterson: No, the Administrative Aide position is one that is promoted and we don't have one internally to promote that position. No. Mr. Lacasa: You don't have. Have they been tested? Have they been offered the opportunity to apply for the position? Have they been tested? Mr. Patterson: This position is drawn from a register from Human Resources and we would have to select a member to have them come from else where in the city, not my department. Mr. Lacasa: Pat, the register of the Human Resources to me has been of little value because they have their own thing there and whatever they do in Human Resources. We have never been able to really find out what they do there. I have absolutely no trust in the register in the Human Resources. Mr. Plummer: Well, let me tell you even better. Mr. Lacasa, if you don't think there isn't a problem, you pick up a telephone and try to call Mr. Patterson and see how many girls you get transferred to before you are told that he is in a conference. Ok? Mr. Patterson; We are asking one Administrative Aide position, Mr. Mayor, to administer those waste fees that we will collect. Mayor Ferre: Hey, it's your choice Mister, you live with it. Mr. Plummer: The vote is, is to reconsider and deny. Mr. Lacasa: I vote "yes". THEREUPON THE FOREGOING MOTION was introduced by Commissioner Plummer and seconded by Commissioner Carollo and was passed and adopted by unanimous vote. Mr. PlummeTt I now make a motion to my previous motion in relation to transfers and the internal promotion be denied. Mr. Fosmoen: Commissioner, what you are talking about has nothing to do with the position that he has to have filled. Mr. Plummet: No, I'm talking about my previous motion that I made, that was approved which was my understanding with Mr. Patterson. Mr. Fosmo;p: That has nothing to do with the position that he has to have filled. Mr. Plummer: Yes, it does. 229 MAR 17 1981 Mr. Fosmoen: No, it doesn't. Mr. Plummer: Ok, then I still make the motion so there will be no uncertainty. Mr. Carollo: Second the motion. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: What is the motion? Mr. Plummer: The motion is, is to deny the previous motion of lateral moves and internal promotions that I had made. Mayor Ferre: There is a second, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-244 A MOTION TO DENY PERMISSION TO THE DEPARTMENT OF SOLID WASTE FOR LATERAL TRANSFERS WITHIN THE DEPARTMENT. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Lacasa and Mr. Plummer. NOES: Vice -Mayor Gibson and Mayor Ferre. ABSENT: None. Mr. Plummer: We got three pocket items don't we? Mr. Fosmoen: They are non-scheduled items. They came in after your agenda was distributed. One of them I think is of some importance or at least potentially of interest to the City Commission and that deals with the International Folk Festival. Mr. Carollo: Mr. Mayor, excuse me, you know, I think we need a legal question answered here. I think there is a couple of items you haven't voted upon and it's my understanding that if we are present we all have to vote and you know. since you were mentioning yesterday somdbody out here I would hate for me to get into some technical problems there. Mr. City Attorney, if a member of the Commission is present are we obligated by law to vote or can we abstain from voting? Mr. Clark: If you are present yoti abstain only if the matter involves your personal conduct or your eConomic.... Mayor Ferre: Are you talking about me? Mr. Carollo: Yes, you forgot to vote on a couple of items there. Mayor Ferre: Well, hey, just record me voting anyway. It doesn't make any difference. Just record me as voting. Doesn't matter which way, "yes" or "no", it's all the same. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) 230 MAR 17 198) • • 95. DI SCICS Fr 1i N OF S iT31_,. �!i: _..._.. 'I .)rat.._ -•.. .iiL I NT E R:N'A I I CIN'A 1. 1-071, FESTIVAL Mr. Fosmoen: As I inc': cited Mr. Mayor, vcu 'i--ave one that might be of interest to the Commission, it's on iii' TiIternat,<;n-jl 'oil! Fe,Civial. They are asking that tie Folk Festival 1,e put off until AL.iUc;t. `: a ':1;:: :even members of your Committee meet and they: are asking t1ii .)c.stponed until Au^ust. That proposal t W: reject the proposal St2'�Ir�ltt ted and that till.Qmu`'.1Ltt:�� :.:iit_ its own05a1 to run the festival and to interview and select three candidutt— for the position o: festival director. M_avor Fcrr(2: Ok, what dues the Cor.I-+is-ion want tc do on that: i tC �tlOen: T1 a YttStl :' :� ( i Lti'. is asf�ing by seven Ine-lbers present o',;t of t gent,' cr t",: nt—o:iC tilc test tvai be postponed until. August, that tic- 1:; ! bt' rtJected b,, the.. fly Maria Elcn:i to coordinate the feStiival a:tivltic o,n6 tha L:,� S( l.l'.'�i C.iiiii',l.tt,'a' -� �' '.� C.;i: .�_ i0 tUGI"ulna'e the the. sc1cci ti",ree ea/,didates for the position of f ^tivui director and -'nest. to t;lc_ C.ity Comlr:iesion for confirmation a c11. `e.stival director wnuld have a three year contract. '1a,'ol-, I 7make a notirr at this time that the. Chairman of nt-xt ion ^eE:t in" to make his thoughts known .`f thal {✓02r"ittee to cal-.,o be present so We... or r r l t+ll,the t".' � i tC' t' 4 i 1 `.' a i � Ch:1:ix7mdn that was chusell:' . : `+ Y•. F Fc>>r.)oun: llie Chairperson is Fannie Mae Lcaper. M3vor Terre: She was last vears Chairperson. Was she elected again? MFosmoen: She is Chairperson. Mivor Ft'rre: Alright, well, I don't think you need a motion to do that just t-ll them to do it. 9b. ALLOCATl $�00.00 10 THE CITY OF ATLANTA TO AID IN THE CRIME INVI'STIGAT ION IN THE DEATHS OF BLACK CHILDREN Mayor Ferro: Alrigl-..., what else do you have? M.:.-Fosmoen: The Sweetwater Council--- this was put on by Commissioner Lacasa--- i-i asking that we establish a National Municipal Assistance Fund to defray cast for Atlanta's investigation of the child slayings in Atlanta. Mayor Ferre: Mr. Lacasa moves, is there a second that we do the same thing a,, Sweetwater? Alright, is there a second? M~. Plummer: Well, you know, I'm in... what is it? Are we going to donate money? Mr. Fosmoen: It's Commissioner Lacasa's item. M.-. Lacasa: At this particular time... J. L., the idea was this, the municipality o: Sweetwater came with a resolution of granting the City of Atlanta five hundred dollars which actually was a token resolution in show of support w::th the predicament that these people are undergoing in Atlanta. (PACKCROUhD COMMENT INAUDIBLE) 01 .MAR 17 iy - i 1 Mr. Lacasa: Right, so I feel that we here should do like wise needless to say how we all have to feel in relation to what has happened in Atlanta and I feel that these people by our action should have the perception that the whole Country is supporting them. Mayor Ferre: I don't see how in the world we could turn our backs on Atlanta with all those little Black children being killed and for us to do absolutely nothing is just unconscionable. Mr. Plummer: Mr. Mayor, the only question T have--- I agree with you, but I was... I just read in the paper where Reagan sent them a million and a half dollars for that. Mayor Ferre: There is a motion on the floor is there. second? It's just that simple. Do we send five hundred dollars to Atlanta as a taken gesture of friendship in a very serious problem which .is affecting everyloody in this country, Black, white, Miami, New Fork, Atlanta, is there a second"? Mr. Plummer: Yes, I. second. Rev. Gibson: Second. Mr. Plummer: Father second. Mavnr Ferre: Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION No. 81-245 A MOT10N ALLOCATING THE AMOUN1 OF $500.00 TO BE SENT TO THE CITY OF ATLANTA, GEORGIA, AS A GESTURE OF THE CITIZENS OF MIAMl TO EXPRESS THEIR CONCERNS OVER THE PLIGHT OF THE MANY BLACK CHILDREN WHO ItAVE BEEN RECENTLY MURDERED AND WITH THE SINCERE HOPE THAT THIS WILL ASSIST TO HELP DEFRAY THE COST OF THE CRIMINAL IN*VESTIGATION CURRENTLY BEING CONDUCTED. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: None. 97. DISCUSSION OF CENSUS COUNT AND REQUEST CITY MANAGER TO COME BACK WITH SPECI iC RECOM!MENDATIONS. Mayor Ferre: The other thing we have is the census. Why don't you explain to us where we are at. Ronald Cohen : Mr. Mayor, members of the City Commission, I'm Ronald Cohen , I'm an Assistant City Attorney and I'm handling the census litigation against the United States. The City Attorney's office, last year, in December, when we requested a $10,000 appropriation to hire an assistant counsel, someone who would work with us to give us some technical assistance in helping us get ready with this lawsuit to see what the problems were with the census bureau. There was also some discussion at the time to see what the problems were with the Census Bureau (remainder of s�-ate- ment inaudible). We wanted to discuss what the problems were with the Census 232 MAR 17 1981 qP Bureau with the hope the Census Bureau had talking about $250.00 that it would be a lot closer to the truth than what come up with. I know it's a lot of money but we are per person per year in revenues lost. Mayor Ferre: Let me tell you what the problem is and I think this is something... Armando before you leave. As you know, they came out and said that we have less people living per house in Miami than we had 10 years ago. And since 55% of this community is Latin, it is totally unacceptable -I`m sure to you as well as to me- that we have one person less per household rather than one person more. Now, as I understand it, Metropolitan Dade County made a test in ITestchester or so-ne place and they found out that rather than going from 3.2 to 2.2 it went up to 4 point something„ in ;ether words, that there were more people living per house rather than less people living per house. Now, it seems to me that if that's the case, we probably have 40,000 or 50,000 more people in the City of Miami. Mr. Carollo: I'd say much more than that. Yayor Ferre:...and, I menn, we are just being had. Now, we need ... the -unly`voay you can do that -and this is what I told Mr. Cohen this morning when I met with him and I asked him to come this afternoon- we are not going to solve this problem my suing the 1'.S.Government, one more City suing the United States Government. There are a thousand of them now, one more isn't going to make a bit cf difference. I think the only watt this c.7r•. b< is if we go in and we take s thousanr, or i t i s...l , 500...my only problem is, with all due respect to the Delta Corporation, I am _just not vary impressed by what they've done. Mr. Plummer: I'm impressed with their price. Mayor Ferre: I'm just not impressed with what has happened up until now. I think it needs a lot more discussion and I would like for the Manager to come back with a specific recommendation as to why we have not done the job and why we have completely missed the point in this whole exercise. I don't know whether Clark Merrill has been involved in this, I don't know whether it's strictly the Accounting Department or who is leading the charge here but it is a charge to nowhere. It's just a complete waste of time, money and legal effort for us to be one more City suing the United States government. That was not the intention of this, I don't mind doing it but that's not going to solve anything for us. 1 think what we need to do is we need to get some- body who can go out and make a test run and find out, you know,...and come to the government and say -look, it was scientific information, we did scientifical- ly, we took a thousand houses and the average is 4.5 and not 2.2. That's what we need to do. Then I think you've got something to deal with. Now, I think you better �o and find out who the people are who can do this, get some bids out and get somebo3v to submit a bid on it. T don't know what else to tell you. Do you want to do this in the form of a motion or what? Mr. Lacasa: I'll move it. Mayor Ferre: Is that clear enough? Mr. Plummer: k'hat is the motion? To have someone in-house do it, is that what you are saying? Mayor Ferre: Plummer, it has to have credibility in Court, so I think we have to go out and have the Manager come back with two or three firms, put it out for bids and say waat does it cost to design whatever it is that we want, and then come back and ;gut it out for bid and bring it back. Mr. Plummer: Fine. Mayor Ferre: All right, it's been moved by Lacasa, second by Plummer, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION No. 81-246 A MOTION DIRECTING THE CITY MANAGER TO EXAMINE OTHER ALTERNATIVES 2A w (over) VV MAR 17 1981 THAN THE FILING OF A LAWSUIT AGAINST THE FEDERAL GOVERNMENT CONCERNING THE 1980 CENSUS CUT FIGURES IN ORDER TO SEEK A MORE FAIR AND ACCURATE REFLECTION OF THE NUMBER OF RESIDENTS WITHIN THE CITY OF MIAMI. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Co;,tmissioner Armando Lacasa Commissioner .Joe Carollo Vice Mavor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: None. 98. FORMALIZING MOTION APPOINTING RICHARD L. FOSMOE,s' AS CITY MANAGER OF THE CITY OF MIAMI, SUBJECT TO APPLICABILITY OF HIS WRIiTEN STIPULAFION DATED SEPTE11BER 2, 1950. Mayor Ferre: (At this point, reads into the public record the hereinbelow Resolution by title only). Plummer, are you still moving this?...Then who's going to move it?..(INAUDIBLE BACKGROUND STATEMENTS OFF THE PUBLIC RECORD) He: did not make the motion. The motion which was voted upon, Plummer made the motion and it was seconded by Gibson. Mr. Ongie: Mr. Mayor, we don't need to call the roll on that again. We'll just give it a Resolution number. :Mayor Ferre: Okay, do we have anything else before this Commission. ADJOURN14ENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 5:15 P.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk 234 MAURICE A. FERRE Mayor MAR 171981 CITY OF IV1AM1 DOCUMENT ITEM NO DOCUMENT IDENTIFICATION MEETING DATE: MARCH 17, 1981 COMMISSION RETRIEVAL Ar►Trnu I PAnr NA_ I CITY CO*LMTSSION AGENDA AND CITY CLERK REPORT 0099 2 AGREEMENT: NOGUCHT FOUNTAIN PLAZA R-81-157 81-157 3 AGREEMENT: OVERTOI%'N SHOPPING CENTER R-81 -1.58 81-158 4 AGREEMENT: DOWNT01,',J MIAMI INTERIM PARKING STUDA' 81-159 (WTTH BARTON, ASCHMAN AND ASSOCIA'FIES,INC. R-81-159 5 AGREEMENT: .TAMES J. LOWREY - CITY'S PRINCIPAL. R-81-160 81-1h0 FINANCIAL ADVISOR 6 ALLOCATE $150,000 HIGHWAY PATROL ASSISTANCE TASK 81-162 FORCER-81-162 7 AI.LOCA'FlE $38, 770 DEPARTMENT 01' TRADEE AND Col"iMERCE- 81-163 START UP COSTS FOR MIAMI CAPITAL DEVELOPMENT INC. R-81-163 8 AGREEMENT: INTERNATIONAL CENTER OF FLORIDA" OPENING CEREMONIES OE' TELECO DIUNICATIONS FAIR R-81-164 81-I64 (COMMUNICACIONES EXPO 81") 9 AGREEMENT: MIAMI ROWING CLUB R-81-165 81-165 10 AGREEMENT: IMPLEMENT PORTION DADE COUNTY CD BLOCK GRANT FUNDS 5TH AND 6TH PEARS CERTAIN SOCIAL SERVICES ACTIVITIES R-81-166 81-166 11 AMEND CITY OF MIAMI CITIZEN PARTICIPATION PLAN CONFLICT OF INTEREST, ETC. R-81-168 81-168 12 ACCEPT SECRETARY'S DISCRETIONARY GRANT HUD $1,160,000 ALLEVIATE CONDITIONS RESULTING PROM MAY 1980 CIVIL DISTURBANCE R-81-169 81-169 13 ACCEPT SECRETARY'S DISCRETIONARY GRANT -HUD $1,010.000 CUBAN HAITIAN MIGRATION R-81-170 81-170 14 SUPPORT FEDERAL LEGISLATION PERMITTING TAX -EXEMPTION ON PERSONAI. SAVINGS ACCOUNTS UP TO $5,000.00 R-81-171 81-171 15 SUPPORT RESTORATION OF FEDERAL. TAX BENEFITS TO RENTAL HOUSING PRODUCERS AND OWNERS R-81-172 81-172 16 DESIGNATE UTILIZATION OF $8,000,000 CITY OF MIAMI HOUSING BONDS ACQUISITION OF LAND FOR LOW AND MODERATE INCOME HOUSING. R-81-173 81-173 17 URGE SENATORS CHILES AND HAWKINS, REPRESENTATIVES FACFLL, LEHMAN AND PEPPER TO SUPPORT LEGISLATION S-321 TO COUNTER I.R.S. REVENUE PROCEDURE R-81-174 81-174 18 WASTE COLLECTION LICENSES:MILLO 'TRASH SERVICE CC. R-81-175 81-175 19do DESIGNATE. NEWSPAPERS FOR SALE OF DELINQUENT LIENS R-81-176 81-176 r DOCUMENrmiNDES CONTINUED- PAGE #2 C -N RE I — — €YAL :TEN NO. DOCUMENT IDENTIFICATION AC?ION_ 20 21 22 23 24 25 26 27 28 29 24 25 26 27 28 29 W 31 32 33 ACCEPT BIDS: PUBLIC SAFETY DEVICES,INC. FOR 33 POLICE CAR PARTITIONS PURCHASE OF TIJO ADDITIONAL AU"COmOBILES DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE ACCEPT BID: E.V.F. INC. FOR FOUR RESCUE AMBULANCES VEHICLES ACCEPT BID: LWOL—MIX CONCRETE CORPORATION FOR DEPARTMENT OF PUBLIC WORKS ACCEPT BID: DIET CRAFT, INC. FOR DAY CARE FOOD PROGRAM EXTEND AGREEMENT: JAMBS Y. SCOTT COMMUNITY ASSOCIATION PARK LANDSCAPE TRAINING PROGRAM RECOMMENDATION FOR PURCHASE OF ORIGINAL WORK OF ART SCULL SISTERS FOR LITTLE I1AVANA COM?IUNITY CI'_N•fER— ACCEPT COMPLETED WORK, • lfl,0DORE's R. GIBSON PARK —PHASE: II INCREASE: IN CONTRACT P.N.M. CORPORATION FOR LITTLE HAVINA C.D. STREET IMPROVEMENTS HIGHWAY JMPR0VE"1ENT — N.W. 22ND STREET CITY OF MIAMI FESTIVAL ADVISOR)' COMPIITTEE AGREEMENT: CITY OF MIAMI/OAS INTERNATTONAL ARTISTS SERIES APPOINTING REINALDO CRUZ AS A MEMBER OF THE ZONING BOARD APPOINTMENTS TO THE BLUE RIBBON COMMIT"I'EE DUPONT PLA7.Ali SELECTION C0*1ITTEE CLAIM SETTLEMENT: BRUCE AND ELISSA SIMIIERG AGREEMENT: ELEVENTH ANNUAL CHAMPION SPARK PLUG UNLIMITT'ED REGATTA THREE MONTHS EXTENSION OF CONSTRUCTION MANAGEMENT AGREEMENT FOR CONVENTION CENTER ENGAGE: LAW FIRM OF STEEL, HECTOR AND DAVIS AS SPECIAL COUNCIL CL1MS ARISING FROM CONSTRUCTION OE' CONVENTION CENTER. ACCEPT COMPLETED 14ORK OF DMP CORPORATION FOR WESTERN DRAINAGE PR03ECT E-50. GRANT TO DADE COUNTY QUIT CLAIM DEED CONVENING PREVIOUSLY ACQUIRED PUBLIC RIGHT OF WAY (IMPROVEMENT PURPOSES) ALONG 12TH AVENUE,ETC, R-81-177 R-81-178 R-81-179 R-81-1.80 R-81-181 It-81-182 R-81-183 R-81-185 R-81-186 R-81-188 R-81-189 R-81-190 R-81-191 R-81-192 R-81-194 R-81-195 R-81-196 R=81-197 R-81-198 R-81-199 81-177 81-178 81-179 81-1.80 81-181 81-182 81-183 81-185 81.-186 81-188 81-189 81-190 81-191 81-192 81-1.94 81-195 81-196 81-197 81-198 81-199 DOCUMENTI NDE 'fir ,�•�. .� T04 NO.I DOCUMENT IDENTIFICATION 34 ACCEPT WORK RUSSELL, INC. FOR ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT, PlIASE III. 35 AUTHORIZE CERTAIN CHANGES IN OCTOBER 24, 1979 CONTRACT WITH FRANK J. ROONEY FOR CONSTRUCTION OF CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER; F[IRTHER AUTHORIZING A RESERVE � FUND TO MEET OTHER CONSTRUCTION CONTINGENCIES. i 36 BUILDING PERMIT: WORLD TRADE CENTER BUILDING AND GARAGE 37 MODIFY EXEMPTION TO REQUIREMENT -PERMIT CONSTRUCTION OF 58 UNIT APARTMENT BUILDING "BANYAN PI,ACE" 38 TRANSFER AND REPLACE CERTAIN CERTIFICATES OF CONVENIENCE AND NECESSITY 39 ASSESSMENT ROIL: SR-5377-C LIBEIZ'Cl' SANITARY SEWER IMPROVEMENT PHASE LI 40 ASSESSMENT ROI,I,: SR-5377-S LIBERTY SANITARY SEVER IMPROVEMENT PHASE 11 41 ACCEPT COMPLETED WORK: ENGLEWOOD SANITARY SEwEll IMPROVEMENT SR-5461-C & S 42 ACCEPT PLAT: B.L.J. SUBDIVISION 43 ACCEPT PLAT: GROVE AiOUNTA I N 44 ACCEPT PLAT: NASHER SUBDIVISION 45 VACATE AND CLOSE ALLEY: NW. 30TH AVENUE BETWEEN 11TH TERRACE AND COMFORT CANAL 46 OVERRULE APPEAL BY OBJECTOR AND GRANT DEVELOPER A VARIANCE FOR 1,01' COVERAGE AT 700 NE. 22ND TERRACE 47 GRANT APPEAL BY APPLICANT: VARIANCE FOR LOT WIDTH ABD AREA-822 NW. 32 COURT 48 GRANT VARIANCE FOR OFFICE TOWER (SOUTHEAST BANK) 49 GRANT CONDITIONAL. [ISE FOR PARKING GARAGE (SOUTHEAST BANK) 50 GRANT ONE: YEAR EXTENSION OF CONDITIONAL USE: DRIVE IN TELLERS: 550 NE. 2ND AVENUE 51 GRANT ONI7 YEAR EXTENSION OF VARIAACE FOR PARKING: 550 LE JEUNE ROAD 52 ACCEPT PLAT: SOUTHEATE VILLAS 53 AMENDMENT TO CONTRACT: MIAMI CAPITAL DEVELOPMENT, INC. 54 APPOINTMENT OF CERTAIN INDIVIDUALS TO JAMES L KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE R-81-200 R-81-202 R-81-203 R-81-204 R-81-205 IZ-81-206 R-81-207 R-81-208 R-81-216 R-81-217 R-81.-218 R-81-200 R-81-221 R-81-222 R-81-223 R-81-224 R-81-225 R-81-226 R-81-22i R-81-228 R-81-229 81-200 81-202 81-203 81-204 81-205 81.-206 81-207 81-208 81.-216 81-217 81-218 81-200 81-221 81-222 81-223 81-224 81-225 81-226 81-227 81-228 81-229 DOCUMENroliN DE; CONTINUED PACE # 4