Loading...
HomeMy WebLinkAboutCC 1980-10-30 Minutes,r CITY OF. MIAMI COMMISSION MINUTES OF MEETING HELD ON October 30._ 1980 (REGULAR)(P & Z) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK Im M I 2 3 4 5 6 7 8 9 10 11 12 13 14 , 15 16 17 �IidF7! CIIY'PSSIQJ OFflAF, 6RI114 (REGULAR) (P & Z) SECT OCTOBER 30, 1980 rSOINANCEWTTr�°�o. INGE N0, DISCUSSION AND APPROVAL OF MASTER PLAN FOR BAYFRONT PARK R-80-751 1 — 11 M-80-752 M-80-753 PERSONAL APPEARANCE: ROBERT BROWN ARCHITECT'S INSTITUTE POSITION ON NOGUCHI DESIGN FOR BAYFRONT PARK DISCUSSION 11-14 MIAMI CAPITAL IMPROVEMENT PROGRAM M-80-754 15-16 REVISIONS TO MIAMI WATERFRONT BOARD PROCEDURE DISCUSSION 17-19 SMALL BUSINESS OPPORTUNITY CENTER'S ACTIVITY IN WYNWOOD AREA DISCUSSION 19-22 DOWNTOWN GOVERNMENT CENTER PARKING PROJECT DISCUSSION 22-23 CREATION OF SPORTS AUTHORITY M-80-755 23-24 M-80-756 BRIEF DISCUSSION OF REPORT BY PEAT, MARWICK & MITCHELL REGARDING FINANCIAL STABILITY OF THE CITY: DEFERRAL OF CONSIDERATION UNTIL NOVEMBER 6TH COMMISSIC`d MEETING DISCUSSION 25-26 EMERGENCY ORDINANCE: AMENDING SECTION 1 OF ORDINANCE NO. 9132, BY CORRECTING A SCRIVENER'S ERROR ORD. 9187 26 EMERGENCY ORDINANCE: AMENDING SECTIONS 31-1 AND 31-48 OF THE CODE BY REPEALING SECTION 31-1 IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION WHICH ESTABLISHES A NEW OCCUPATIONAL LICENSE CLASSIFICATION AND TAX ORD. 9188 27 SECOND READING ORDINANCE: AMENDING SECTION 2-76 OF THE CODE BY INCREASING FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS AND SITE INSPECTIONS ORD. 9189 28 SECOND READING ORDINANCE: AMENDING SECTIONS 54-57, 54-58, AND 54-60 OF ARTICLE III, BUS BENCHES," OF CHAPTER 54, "STREETS AND SIDEWALKS" OF THE CODE ORD. 9150 28-29 AUTHORIZING TRANSFER OF FUNDS IN THE AMOUNT OF $100,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM CAPITAL IMPROVEMENTS FUND AS AN ADVANCE PAYMENT OF AD VALOREM TAX R-80-757 30 AWARD CONTRACT TO M.A.I. APPRAISER? SLACK? SLACK? & ROE, INC., FOR PROFESSIONAL SERVICES IN THE AMOUNT OF $5,000 TO CONDUCT APPRAISAL IN CONJUNCTION WITH PROPOSED LIASE AGREEMENT WITH BAYSHORE PROPERTIES? INC. FOR CITY WATERFRONT PROPERTY KNOWN AS "COCONUT GROVE MARINA (KELLY PROPERTY)" R-80-758 31- 35 M-80-759 RESCINDING RESOLUTION 79-754, AUTHORIZING CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION TWO PARCELS OF LAND LOCATED AT 2200 N.W. 7TH AVENUE FOR A SUM OF $440,000 R-80-760 35-36 AMENDING SECTION 1 OF RESOLUTION NO. 80-407 WHICH AUTHORIZES CITY MANAGER TO DEMOLISH UNSAFE STRUCTURES RESULTING FROM THE MAY 17-19, 1980 CIVIL DIS^URBANCES; ALLOCATING $247,000 OF 5TH YEAR COW N ITY DEVELOPMENT FUNDS R-80-761 36-38 If�X ANI&N-flEMIDA PAGE #2 VEM ND,rs0"W21030, (REGULAR) �E� GCTOBER 30, 1980 c�PAGE NO, 18 ACCEPT BID: AWNING CRAFT, INC.—REHABILITATION OF — MULTI —FAMILY BUILDING R-80-762 38 — 19 ACCEPT BID: M. CARTER BUILDING CONTRACTORS,INC.— REHABILITATION OF MULTI—FM'ILY BUILDING R-80-763 39-40 20 ACCEPT BID: HOLLYWOOD CHRYILER PLYMOUTH— 2 FIFTEEN PASSENGER VANS AND 2 WHEELCHAIR ACCESIBLE BUSES R-80-764 40-41 21 AUTHORIZING INCREASE IN CONTRA(l IN HE AMOUNT OF $32,670 BETWELN THE CITY OI MIAMI AND JOE REINERTSON EQUIPMENT COta ANY FOR CONSI RUC, ION 0" ADDTTIONAL DRAINAGE AND PARKING LOT I,,PROVEMENT;) AT THE M.M.P.D. PARKING LOT R-80-765 41-42 22 ACCEPT BID: BEN HURWITZ, I?-C.—DINNER KEY —DEMOLITION OF 5 BUILDINGS R-80-766 42-43 23 AUTHORIZING CITY MANAGER To PAY THE AMOUNT OF $29,961.55 TO THE FIRM OF I-ROWN, WOOD, IVEY, MITCHEL & PETTY IN CONJUNCTION WITH CITY'S SUCCESSFUI. SALE 0 BONDS FOR THE CITY OF MIAM VUNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ON AUGUST 7, 1980 R-80-767 43-44 24 RESOLUTION PROVIDING A MAXIMUM AMOUNT OF CASH ASSISTANCE IN THE AMOUNT O, $5,000 FOR THE 3RD ANNUAL OKTOBERFEST R-80-768 44-45 25 RESCHEDULING REGULAR CITY '.OMISSION MEETING OF NOVEMBER 13, 1980 TO TAKE 'LACE ON NOVEMBER 6, 1980 (PLANNING AND ZONING AT 7:)0), NOVEMBER 27, 1980 TO TAKE PLACE ON NOVEMBER 26, 19FO, AT 9:00 A.M. RE— SCHEDULING REGULAR CITY CO,fMIFSION MEETINGS OF DECEMBER 11 AND 25, 1980 T) TAKE PLACE ON DECEMBER 17, 1980 (PLANNING AND ZONING AT 7:00) T-80-769 45 26 RESOLUTION ALLOCATING $25,000 FROM 6TH YEAR COMMUNITY DEVELOPMENT BLOCK GIANT FUNDS TO NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE INC. R-80-770 46 27 CONSENT AGENDA 46 27.1 ACCEPT COMPLETED WORK: FRISA CORPORATION —WEST END STORM SEWER PROJECT. R-80-771 47 27.2 RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION of THE AGREEMENT WITH THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM AND SENIOR AIDES PROGRAM OF DADE COUNTY FOR THE COORDINATION OF SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM R-80-772 47 28 RESOLUTION PROVIDING FOR VALIDATING THE ISSUANCE OF $45,000,000 SANITARY SEWEI, SYSTEM BONDS R-80-773 47 29 RESOLUTION PROVIDING FOR VALIDATING THE ISSUANCE OF $30,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS R-80-774 ii8 30 FIRST AND SECOND READING ORDINANCE: AMENDING SECTION 1 OF ORDINANCE NO. 9019, ­0 I':CREAS':; FUNDS IN THE AMOUNT OF $175,000 FROM A LOA FROM THE CAPITAL IMPROVEMENT FUND FOR Pr1RK NG ;TRUCTURES IN THE ------- ---- ---- -- — AD -An EFA lux A'PSWCHWAFFLORI04 PAGE # 3 11M We (REGULAR) SUCT 3CTOBER 30, 1980 %0SMOLVINAGE W 31 32 33 33 (A) (B) (C) 34 35 6 36 kh 38 39 40 41 42 43 44 45 FIRST AND 2ND READING ORDINANCE:AMENDING SECTION 53-151 OF THE CODE WHICH PERTAINS TO :PROCEDURES AND USE CHARGES AT THE MUNICIPAL AUDITORIUM AND COCONUT GROVE EXHIBITION CENTER 1ST AND 2ND READING ORDINANCL:ESTADLISHI14G A NEW TRUST AND AGENCY FUND ENTITLED:"SECTION 312 REHAB. LOAN PROGRAM"AND APPROPRIATING $170,000 DISCUSSION OF THE RENAMING OF DIXIE PARK rnOC",!�ee RrP0 T/Dn!,ICF PRPT RECRUITMENT AND HIRING DISCUSION RE:CUBAN REFUGEES INVOLVED IN CRIMINAL ACTIVITIES REQUEST LABOR DEPT.TO INCLUDE CUBAN REFUGEES IN DISTRIBUTION FORMULA FOR C.E.T.A. 'FUNDS PLAQUES, PRESENTATIONS, PRt►CLAtATIONS COMMISSION ACTION RESTATING TNT ANTONIO MACEO PARK (OTHERWISE KNOWN AS DOMINO PAR:) SHALL REMAIN OPEN; AND TWO, DIRECT ADMINISTRATION TO INSTALL CRIME LIGHTS, Nn PARKING SIGNS, FENC:, ETC. IN THE PARK; EXPANSION OF DOMINO PARK COMMISSION SUPPORT AND ENDJRSES- NT OF THE JOHN ELLIOT COMMUNITY BLOOD CENTER; REQUEST ALL CITY EMPLOYEES TO SUPPORT AND COOPIRATE IN BLOOD DRIVE; APPOINT CITY MANAGER AS COORD]NATOR; DECLARE JANUARY "MUNICIPAL BLOOD DONOF MONTH" INSTRUCT CITY ATTORNEY TO AMEND PERTINENT SECTION OF CITY OF MIAMI CODE DEALING WITH ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FIRST READING ORDINANCE: FROV'DE FOR CONSTRUCTION, OPERATION, REGULATION AND CON"ROL OF CABLE TELEVISION SYSTEMS ALLOCATE $824,581 FEDERAL REVI,NUE SHARING FUNDS FOR SOCIAL SERVICE AGENCIES; I,UTH(iRIZE CITY MANAGER TO ENTER INTO AGREEMENTS APPROVAL OF MINUTES AUTHORIZE AND DIRECT CITY MAN,+GER TO NEGOTIATE WITH MARINE STADIUM ENTERPRIS':S, FOR LEASE AND OPERATION OF BID PARCEL "B" AT MARINE STADIUM, WITH CONDITIONS, ETC. AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENT WITH THE MIAMI ROWING CLUB-MIAMI MARINE STADIUMjZTC. APPOINT ALFREDO MENDOZA VICE -CHAIRPERSON OF WYNWOOD COMMUNITY DEVELOPMENT TARQET AREA FORUMo Otc- SECOND READING ORDINANCEt APP.ICATION BY JAMES G. ROBERTSON TO CHANGE ZONING OF 3215-45 AVIATION AVENUE ORD. 9192 ORD. 9193 DISCUSSION DISCUSSION M-80-776 M-80-777 50-52 51-52 51-52 54-73 DISCUSSION 1 74 M-60-776 *60-779 M-80-780 M-60-781 M-80-782 R-80-783 R-80-784 DISCUSSION K-80-785 H-80-786 R-80-787 ORD. 9194 75-80 80-61 82-90 91-103 103-104 105 105-139 139 140-141 141-142 A'SMARIAE &DA Page # 4 INNANCE T(REGULAR) �E� OCTOBER 30, 1980 KBOWTION ho,PAGE NO, - 46 SECOND READING ORDINANCE: APPLICATION BY GABRIEL VOLANTE-CHANGE ZONING OF 230 S.W. 57TU AVENUE FROM R-4 TO C-2 ORD. 9195 143 47 WITHDRAWL OF APPLICATION BY CHARLES R. ADAMS FOR CONDITIONAL USE TO PERMIT PLANNED UNIT NATURE (PUN) AT 1715 TIGERTAIL AVENUE DISCUSSION 144-145 48 DENIAL OF APPLICATION BY CFEMATA AUTO GLASS, INC. TO CHANGE ZONING OF 2172 N.W. 3RD STREET AND 2165 N. 2ND STREET M-70-788 146-150 49 FIRST READING ORDINANCE: C1iANG11 ZONING OF APPROXIMATELY 2956 BIRD AVENUE FROM R-2 TO R-3A (JOHN N. GOUDIE) FIRST READING 151152 50 FIRST READING ORDINANCE TO AMEID ORDINANCE 6871 PERTAINING TO COMMUNITY BA1+ED IESIDENTIAL FACILITIES DEFERRED FIRST READING 153-160 51 FIRST READING ORDINANCE: CIANCE' ZONING OF 676 N.W. 27TH STREET FROM R-4 TO C-i (SPIKE VON ZAMFT) FIRST READING 161-162 52 FIRST READING ORDINANCE: Ct1ANGING ZONING OF 600 BISCAYNE BOULEVARD FROM C-2 AND C-4 TO C-3 (M.F.T. PROPERTIES,INC.) FIRST READING 162-163 53 AMENDING ORDINANCE NO. 6871-Ai:TICLE XXI-3 SPD - 1 - IN CONNECTION WITH GROUND LEVEL PEDESTRIAN OPEN SPAC AND REQUIRED OFF-STREET PARKING FOR RESIDENTIAL DEVELOPMENT FIRST READING 163 54 NOGUCHI PLAN-BAYFRONT PARY R-80-789 164-169 55 AUTHORIZING DEVELOPMENT 01-DER--NASHER PLAZA PROJECT R-80-790 169-171 56 PERMIT CONSTRUCTION OF A DEVELOPMENT OF REGIONAL IMPACT (NASHER PLAZA) R-80-791 172-173 57 CHILDREN'S GARDEN 1523 & :.529 S.W. 3 RD STREET R-80-792 173-174 58 P.U.N. - 1715 TIGERTAIL AVE. M-80-793 174-180 59 APPEAL BY SEAROCK, INC.-MINI WAREHOUSE AT 2055 N.W. 11TH STREET DISCUSSION 181-185 60 APPEAL BY JO-BEAL INC.-DUPLEX AT 4617 N.W. 2ND TERRACE R-80-795 185-187 61 APPEALING BERNARDO NIEMAN -1951 WEST FLAGLER STREET M-80-796 188-191 62 SECOND READING ORDINANCE: APPLICATION BY DADE COUNTY TO CHANGE ZONING OF 2-98 N.W. 2ND AVENUE FROM R-4 f AND C-4 TO GU ORD. 9196 192 1'3 FIRST READING ORDINANCE: PLANNING DEPARTMENT A PPLICATION TO PERMIT OIEN AIR SALES AND HOSPITALS FIRST READING 193-194! 64 APPROVE WILBUR SMITH AND ASSOCIATES TO PROVIDE i PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DOWNTOWN GOVERNMENT CENTER PARKING PROJECT; ALLOCATE $100,000 R-80-797 194 ��mmsrmer urcnna� _ FlAl1�Y� imi NO@ 65 66 67 68 nOix4foHE im PAGE # 5 I rlWCE o PAGE 10, oLaIl N APPROVE THE MOST QUALIFIED CONSULTING FIRMS TO PROVID FINANCIAL ADVISORY SERVICES FOR DOWNTOWN GOVERNMENT CENTER PARKING PROJECT; AUTHORIZE MANAGER TO NEGOTIAT CONTRACT, ETC. R-80-798 WAIVE FREEZE ON EMPLOYMENT IN ORDER THAT THE CITY COMMISSION MAY PROCEED TO HIRE A BOXING COORDINATOR M-80-799 MISCELLANEOUS DISCUSSION ITEMS1 DISCUSSION A) ALLAPATTAH OPPORTUNITY CENTER - OFFICE SPACE, B) DELEGATION TO REENACT REVENUE SHARING, C) ZONING ORD, 6871-COIIPLAINTS OF ROOSTERS AND CHICKENS, RESCHEDULING OF DISCUSSION IN CONNECTION WITH R--80-800 APPOINTMENT OF CITY MANAGER 0 195 196 196-197 198-201 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 30th day of October, 1980, 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 9:06 A.M. by Commissioner J.L. Plummer, Jr. with the following members of the Commission found to be present: Commissioner (Rev.) Theodore R. Gibson Commissioner J . L. Plummer, Jr. ABSENT WERE: Commissioner Joe Carollo Vice Mayor Armando Lacasa Mayor Maurice A. Ferre ALSO PRESENT: R.L. Fosmoen, City Manager George F. Knox, City Attorney 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. 1 & 2 DISCUSSION AND APPROVAL OF MASTER PLAN FOR BAYFRONT PARK Mr. Plummer: As the senior member of this Commissoion, I am asking a legal question. Is there anything in the Charter that says that you must have a quorum of the Commission present to start the Committee of the Whole? Mr. Knox: Commissioner, there is nothing in the Charter about the Committee of the Whole at'all. Mr. Plummer: As being silent gives consent. Mr. Knox; Well that means that your only obligation is to do what's reasonable. Mr. Plummer: Would everybody please stand and we'll ask Father to give the prayer. (AT THIS POINT, FATHER GIBSON GAVE THE PRAYER AND LED THOSE PRESENT IN THE PLEDGE OF ALLEGIENCE TO THE FLAG.) Mr. Plummer: Mr. Manager, Item "A". Mr. Fosmoen: Item "A" is a presentation and discussion of the Master Plan for Bayfront Park. I see representatives of DDA here, and Mr. Noguchi's design team, Carl Kern is here. Carl, why don't you make some introduc- tory comments. Mr. Carl Kern: Good morning. My name is Carl Kern, I'm head of the... Director of the Miami Parks Department. We're here this morning because we art) going to present the final plans on the Bayfront Park redesign prepared by the famous sculputor Isamu Noguchi. Previously, in July, he had come down before the Commission and presented the first preliminary plans and model. At that time, the Commission voted, gave him a vote of confidence on the plan, I believe it was four to one. The plans have not changed significantly since then. They have been reviewed by all the major bodies of the City, the Planning Advisory Board, the various City 01 i` r departments, numerous civic groups. It's probably the most supported Park that we've ever had in the City of MLami. I've never seen so much support for a park in terms of civic partLeipation and private groups. There has been a private group establishol to actually coordinate and raise funds for the park. That's bery significant. Today, we have Mr. Sadao here, from Mr. Noguchi's office, who is on hand to answer any questions. We do have the plans which were previously presented. We'd be glad to go through those if the Commission would like to review those items. We also, I believe have .some representatives from various groups that would like to speak in favor of the plan. Mr. Manager# how would you like me to proceed on this? Do we have any other supportive speakers? Would you like to hear them first? Mr. Fosmoen: Why don't we hear a prescni.ation of the plan. Mr. Plummer: Mr. Kern, to you and to th,: rest of the speakers, as you are well aware, we started a no.:w procedure yesterday. And that procedure was a workshop in shich most oC the matters of the Committee of the Whole were discussed and the hopeful eventuality of that is the fact that pre- sentations of the Committee of the Whole will take ten minutes or less. I hope that all the speakers will. try and comply. (MAYOR FERRE ENTERED MEETING AT 9:10 A.bt.) Mr. Kern: I rhink Mr. Sadao can make a very brief presentation of the overall concepts of the plan. Mr. Sadao: Good morning. My name is is Sadao. I work with Isamu Noguchi, I'm his associate. Mr. Noguchi .is in ,japan right now because of a previous; commitment and so I will represent him here on his behalf and I will be very happy to answer any questions that the committee might have on the park. Just to go over very briefly the major elements of the park. Starting here from the south near Ball Point, or Chopin Plaza, we have a major fountain which is on axis with th,� development at Ball Point. Proceeding north is a very large amphitieater and stage for public events seating up to, I believe, a cipacity of about five thousand (5,000) people can gather in that area. Lar7er, if you pack them in very close. At the extreme northern end of the site, on axis is a sea fountain which will incorporate filtered water f.rom Biscayne Bay which will be gushing out of a huge volcanic shaped geyser about ten which will be flowing over rocks, and which will be very foamy, anti very sort of decorative and also the excellent sort of place for children to be able to sort of you know, wade and to cool off during the hot siunmer days. As you can also see we have indicated on the plan, landscaping and the location of trees. These will have to be coordinated with the existing plants that are there in Bay Frolit Park, now and the last element i:s the area along Biscayne Boulevard where a people's mover station has been incorporated. I understand that the location and all that is still subject to a sort of a designed sort of consideration of what exactly where the proper location would be. There is also a cafe plan in the area by the people mover station and there is also a possibility for parking underneath the north berm along Biscayne Boulevard. Those are the major components and these have not changed since the presentation, in late July, by Mr. Noguchi, thank you. A cost estimate also... I'm sorry has been prepared and that has been presented to the Down- town Development Authority, so that is also available for review. Mayor Ferre: What is the cost estimate? Mr. Sadao: It's about ten point, it's about ten million, slightly in ex- cess of ten million. Q2 Mayor Ferre: So we weren't far off when we started out? Mr. Sadao: That's correct. Mayor Ferre: Does the cost include both fountains, the rip rap and the walk along the bay, the berming, the underground parking if any and the entry... Mr. Sadao: The only item it does not include in the estimate is the parking garage under ground, because that would depend on the number of stalls that you have there and the estimate is prepared on the basis of, excuse me that area is just being filled in right now, but not with a garage, but I knew that was a consideration in the original set of pro- grams. Mayor Ferre: So the ten million dollars does not include any parking structure underground? Mr. Sadao: That's correct. Mr. Sadao: We anticipated about i:wo and a half million dollars of City funds being expended, the rest being matched with grants. The major fountains will be funded privrtely. Funding programs is being initiated now, with private groups with there two major fountains. The corps of engineers and other existing ;overnmental programs have already committed through the graciousness of S:natur Pepper's Office some funding for the renovation of our walkway along the bay, which is very important it has to be done anyway, it's already fallend in the bay. So we are already off to a pretty good start on some funding commitments. Mayor Ferre: Alright, Thank you very much. Commissioner Plummer: Well, I think Mr. Mayor, one of the things that needs to put, because you know when you start talking millions of dollars people have a fear that was my fear the other day when we went to this study that people have a bottom line. And I think it is important to remember that this can be done in stages that it is not you've got to come with tomorrow morning with ten million or the plan will not fly, that this can be done in stages of'less magnitude and then work up to the total picture. Of course everybody would like to do everything tomorrow morning be over with write a check and it's finished, but I think it is very important to be remember that can be done in stages. Mr. Sadao: I think physically it also has to be done in stages, because there are only certain parts of it can be implemented and on a phase basis, it can't all be done at once. Commissioner Plummer: Sure, sure. Mayor Ferre: What would be the first stage? Mr. Sadao: I believe the first stage would be the boardwalk or the bay - walk rather and the rip rap, the Corps of engineers. Mayor Ferre: When do you think we can begin on that? Mr. Sadao: As far as we are concerned I think once approval has been made by Commissioners of the City of Miami, then I think we could procede along with implementation drawings immediately. Mayor Ferre: And how long would the implementation drawings take? Mr. Sadao: I think that in this particular case, we could not implement just the baywalk and rip rap, you would have to consider the park as a whole, so I'm not at liberty right now, I can't at this moment give you an estimate, biit I think it would be the...it would be the ... it would probably be about, I say... You mean for the construction documents? Mayor Ferre: Yes. 4 db 03 OCT � a I�so C Mr. Sadao: It would probably be about six months I'd say. Mayor Ferre: Six months. Alright and then if we... Mr. Sadao: That's if all of the information in terms of the existing conditions and the graves and the needs and bounds and all that is given to us and approvals, you know... Mayor Ferre: Assuming that all happened and all the approvals went on stream and you got your drawings could we go out for bids on this say in mid next year, May, June? Mr. Dick Fosmoen: It also a contingent and receiving about three hundred and seventy five thousand dollars in the State of Florida and seven hundred fifty thousand dollars from the fed's. Mayor Ferre: Assuming all of those many, many, many complicated things the State funding, the Federal funding, the permissions from the various governmental agencies like the engineering, the Corps of Engineers, all of that when could the drawings be finished? Mr. Sadao: I think a more realistic estimate for that might be six to nine months, rather than just saying six months. Mayor Ferre: Six to nine months, so you're talking about the end of the summer next year when we could go out for bids. How long would you estimato it would take to finish, ass%iminF we had no major unforseen problem? I'm just trying to get a schedule to work. Mr. Sadao: Yea, you mean the actual construction itself? Mayor Ferre: Yes, we go to bids now in August. September 1st is the bid date, we commence construction thirty days later okay, so by October 1st we're under construction when will it be finished? Mr. Sadao: There are buildings that have to be taken down, there are streets that have to be realigned a ... all I can say is in similar kind of project in Detrot, which was the Heart Plaza, we were under con- tract in 1971 with the City of Detroit and the project went through various phases, it was a eight acre park, it's about half or little more than... little less than half the size of this park that took until 1978 from 1971. There are various components and elements in that and it was delayed but it,is a long on -going process and one would like to sort of you know, have the project finished as soon as possible, but being realistic... the size...a project of this size I think would take several years to complete. Mayor Ferre: Would we commission Mr. Noguchi to do the sculpturing work and have that finished first? Mr. Sadao: I think the process would be that it would be a...now that the master plan has been completed and if once and when it is approved then the implentation drawings would require a tremendous amount of in- put from Mr. Noguchi to actually now that it is a concept to actually prepare the construction documental -which would show in details materials, finishes, heights, specifications, etc. and he would have to sort of be very intimately invovled in that. Mayor Ferre: I guess I am talking about the fountains themselves which are sculptured peices. Mr. Sadao: Fountains yes, oh yes, he's very concerned about that and he has bery definate ideas on how he feels they should be constructed. Mayor Ferre: What I am leading to it: when ... my question specifically is this. When should we.commission him to do those two pieces? At what I P 04 OCT 0IC483 1 Y'! stage along... Mr. Sadao: Well I think that there should be some commitment or some indi- cation right at the next phase, you know, in terms of what his involvement would be... Mayor Ferre: The next phase is when? Mr. Sadao: I beg your pardon? Mayor Ferre: The next phase is when? Are you talking before September of next year or are talking about right away? Mr. Sadao: Oh right away, because in other words in the next phase meaning the implementation phase or tte construction document phase or whatever you like to call it, at that )has! he should become very intimately involved. He should be...in other words, I �,elieve the way the original arrangement with the City was that he would retain artistic control of the project in terms of being overall in the cha•ge of the design to make sure that his design intents are carried througt in the implementation phase. Mayor Ferre: I'm concerned with ime and I would like very much to move along with those two scuptured pi-ces as quickly as possible. Mr. Sadao: Well he's very eager :o get to work on those two himself, I know. Mayor Ferre: And I guess the wa) I would like to do it is ... Mr. Fosmoen, I am going to ask Mrs. Bassett. w)>> is the Chairperson for our committee perhaps, if she would just to strtid up and if she has any advice for us otherwise, if you have any advice or good words, or any concerns that you might want to express why don't ),.)u come up to the microphone, Mrs. Bassett. Mrs. Bassett: Mayor Ferre, I have no concern about the park, I think it would be a t.•emendous addition to the City and it's a rare opportunity for us to have a prominent and marvelous sculpture like in some of Noguchi even interested to do the park and I hope that something would happen so that the park will be a success knd be a reality. Mayor Ferre: Mrs. Bassett our c(ncer, my concern is time because we have enough problems with money, we hive enough problems with permits and we have enough problems with getting the working drawings on the way, my concern is time, because thins c)ange and I want to make sure that we are on the way and that we have E fitm commitment and isn't...do you feel that the commissioning of the two scu Aural pieces by Noguchi might be one of the more important things for us to do first rather than later? Mrs. Bassett: Absolutely, I think it's first on the list. Mayor Ferre: Is that the first .hing on the list in your opinion? Mrs. Bassett: Yes, it is. Mayor Ferre: Thank you very muci. Mr. Manager. (COMMISSIONER CAROLLO ENTERED Mgt;TING AT 5:15 A.M.). Mr. Fosmoen: Mr. Mayor, item thirteen on your agenda approves the design concept which would of course give policy approval of the removal of the library and proceeding with :applications for the construction of phase one yott might also consider between iow and this afternoon when you take up thnt resolution directing tho administration to begin negotiations with Mr. Noguchi for the design contracts and the two pieces of sculpture... Mayor Ferre: That's exactly where I am heading Mr. Fosmoen, thank you, that's exactly what I had in mind. Commissioner Gibson: Mr. Mayor, I was about to raise a question, about that library. I hope we will not make the mistake of just dealing with that lightly, I hope the Commission gill take a firm position and say we are going to move the library. All of you who live here remember the fight we It(15 0:: T 7 0 1980 had getting that library there, not putting it there and I think we ought to decide. I read... was it some material came across my desk... I think we ought to make a firm commitment that the 'library is going othewise you'll have citizens coming here telling us, say hay let us fo in there for ninety days and ninety days would be ninety years and we want to move the library so there won't be no turning back. We agree we're going to move the library, if you could save that m;irble is that what it is on the front of the outside, if you could save it, save it, store it, put it somewhere else or construct so as to use it, but let's make a firm commitment that we are going to move the library otherwise you're going to be in trouble. Mayor Ferre: Do you have anything; else you want to add? Mr. Sadao: No, I think we've covered it. Mayor Ferre: Alright, I'll tell you because we have may distinguished architects and artists and citizens that: are here on this item rather than to make them wait until item thirteen comes up, I really think we ought to take it out of sequence so that they know that we've acted one way or the other, so let me therefore call to make this a formal Commis- sion meeting and take up item thirteen. Alright is there a motion on this resolution? Commissioner Gibson: Moved. Mayor Ferre: It's been moved is there a second? Commissioner Plummer: On the number thirteen? Mayor Ferre: Yea. Commissioner Plummer: Yea, I vote yes. Mayor Ferrel Are you seconding it? Commissioner Plummer: I vote yes. Mayor Ferre: Alright there is a motion and a second on item thirteen which is the master plan for Bayfront Park prepared by Isamu Noguchi and it's presented here this morning. Is there further discussion on item thirteen? Alright call the roll please. The following resolutioi was introduced by Commissioner Gibson, who moved it's adoption: RESOLUTION NO. 80-751 A RESOLUTION ACCE11TING AND APPROVING THE MASTER PLAN FOR BAYFRONT PARK PREPARED BY THE ARTIST, ISAMU NOGUCHI, AT A TOTAL COST OF $100,000; AND AUTHORIZING THE CITY MANAGER TO MAKE THE THIRD AND FINAL PAYMENT OF $34,000 TO ISAMU NOGUCHI FOR HIS CONCEPTUAL, DESIGN SERVICES. Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Theodore R. Gibson Commissioner J.L. Plummer Mayor Maurice A. Ferre NOES: Commissioner Carollo ABSENT: Commissioner Armando Lacasa Mayor Ferre: Now, I think we ought to instruct the administration and I would like to move that, that the administration immediately start negotiations with Noguchi for tie two sculptured pieces that are going into the park. Mr. Plummer, you want to chair the meeting? i (js OOT ? O'9°�1) I i i Commissioner Plummer: There.'s a motion on the floor is there a second? Commissioner Gibson: Second. Commissioner Plummer: Father you seconding? Commissioner Gibson: Yes sir. Commissioner Plummer: Any discussion? Call the roll. The following motion was introduced by Mayor Ferree who moved its adoption. MOTION No. 80,752 A MOTION OF THf, CITY COt-ft9ISSION INSTRUCTING THE ADMINISTRATION TO BEGIN NEGOTIATIONS. WITH ISAMU NOGUCHI IN CONNECTION WITH THE TWO PIECES OF SCULPTURE WHICII ARE TO GO INTO BAYFRONT PARK. Upon being seconded by Commissioner Gibsonf the motion was passed and adopted by the following vote: AYES: Commissioner Gibson Commissioner Plummer Mayor Ferre NOES: Commissioner Carollo ABSENT: Commissioner Lacasa Mayor Ferre: Alright, then Father you had a motion with regards to... Commissioner Gibson: Mr. Mayor, you tell me how it's done. I want to make sure we move the library otherwise if we don't move the library we will never get off the ground. Mayor Ferre: Well, I think it's just a resolution and a matter of record that it is the intention of this City of Miami Commission that upon the receipt of the property known as the Miami Library on Bayfront Park that it is the full intention of -his Commission to demolish that building. Commissioner Gibson: Is that ... I move ... I move... Mayor Ferre: And, and, and that nobody be allowed to use it as tempo- rary quarters. Is that cleat? Commissioner Gibson: I move...y-is sir? Mayor Ferre; Plummer is that covered? Commissioner Plummer: No... Mr. Mayor, I have no problem with the removal of that building, my problem is can the building be utilized, can it be moved ... there's an awful a lot tax payers dollars went into that building. Commissioner Gibson: J.L.; *['ll make make it...I'll make it comfortable for you. Commissioner Plummer: Pleas: do. Commissioner Gibson: That w..: move it if we can elsewhere, and if we can't move it we are going to demolish it. That's one way... Commissioner Plummer; Father, I could live with a motion that says that the library has no place in the Park and as such it is ... that it be removed from the park. That doesn't mean demolition. Mayor Ferre; Well that's good enough( that's good enough, that's fine. M � 0 Commissioner Gibson: Yea that's good enough. Yes sir I have no problem. Commissioner Plummer: I can live with that. I think we accomplish the same bottom line. Commissioner Gibson: Beautiful, that's my motion. Mayor Ferre: And that's much better wording. Is there a second to that? Commissioner Plummer: Since, Father made the motion I will second it. Mayor Ferre: Okay, now, under discussion. Yes sir. Commissioner Carollo: Under discussion. I certainly like the new way of progress we have Mr. Mayor, into this library was built thirty years ago was extremely new for a building such as that, all of the outside is Italian marble which I can't even begin to imagine how much it could be worth today. Thirty years ago that library cost tax payers of Miami, one million dollars which at today's market to build a structure such as that it would cost some what in the neighborhood of probably three million dollars, if not more, and I just can't see how a building as new as that with a twist of a finger under the pretense of progress we're going to go and destroy it, when our city is so in need of funds for so many events. It's just beyond me and I just wanted to put that into the record, you all have the majority here and do as you please so let's go on with the voting. Mayor Ferre: Further discussion? Commissioner Plummer: Yes. Under discussion. Joe and I am not trying to pacify the mind because the votes are here that's obvious, but when something is wrong, it's wrong whether it was thirty years ago or whether it's today, you weren't even born and I was awful small ... no what I am saying is none of the present Commissioners sitting here had a decision as,to whether or not it should go there. Had I been sitting here, I don't think I would have ever voted for such a thing to be placed where it was, It was wrong then and I think it's wrong now and I think this Commission has the right to correct the wrong and that's why I am voting for the motion. (COMMISSIONER LACASA ENTERED MEETING AT 9.:27 A.M.)_ Commissioner Carollo: J.L., I just want to answer that. If it was wrong, I hope anything else that the members of this Commission, our furture Commissioners she that's it wrong with the City it not take us thirty years to so call right it. Commissioner Plummer: I would hope that you are perfectly right. Commissioner Carollo: If I may ask one more question Mr. Mayor, and before we vote on this? Mayor Ferre: Yes sir. Commissioner Carollo: What will be done with all that marble outside of that building if indeed is destroyed? Are we going to sell it in the market or donate it? Mayor Ferre: I don't think that's determined at this point but maybe the Manager might want to answer that. Mr. Fosmoen: If the building is put out for bid for demolition the marble would be part of the salvage value of the building and would be reflected in the price from the bidders. 08 0CT 30 1 �.) 1� f, Commissioner Plummer: Well not necessarily. Mayor Ferre: Further questions? Commissioner Plummer: That can be negotiated. Mayor Ferre: Further discussion on this item? If not, call the roll please. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-753 A NOTION ,OF INTENT OF THE CITY COMMISSION THAT UPON TOTAL VACATION OF THE PROPERTY KNOWN AS THE MIAMI PUBLIC LIBRARY, IOCATED IN BAYFRONT PARK, THAT IT IS THE FULL INTENTION OF THE CITY COMMIS- SION TO TRY TO REMOVE THE LIBRARY FROM THE PARK; AND FURTHER STIPULATING THAT ONCE PERSONNEL FROM METROPOLITAN DADE COUNTY VACATES THE BUILDING, THAT IT WILL NOT BE UTILIZED BY ANYBODY EVEN ON A TEMPORARY BASIS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following votes. AYES: Commissioner Gibson, Commissioner Plummer, Vice Mayor Lacasa,*Mayor Ferre NOES: Commissioner Carollo ABSENT: None ON ROLL CALL Mayor Ferre: Let me explain my vote. Most of the major structures that are the focal points of cities whether it be Saint Patricks Cathedral or most of the great cathedrals of Europe or the parks or central focal points in urban America, were built by demolishing other things that were there. They were built in those particular places, because those particular places happen to be the focal point of the city. Now, the focal point of the City of Miami is downtown...of this community is downtown Miami and the focal point of downtown Miami is where Flagler Street meets Biscayne Boulevard. That is the center... that is the spiritual center in a civic sense of our community. For us not to have the very best indicates that we are a second rate city and a second rate community. Now, what makes a great city? Great cities are made because people bolieve in them and because there is imagination, because there is courage, because there is an understanding of what makes a great city. That comes not only with courage, it also comes with money and it also comes with vision and with the ability to express that vision graphically. We have perhaps an oppoltunity that very few cities have. We have one of the great artist of thc: world that is willing to do something that will mark this as a major focal point of this community. Now, let me put it since we live in a materialistic world, and since we seem to worry about the dollars ano the tax payers which I think is totally appropri-rte. Let Me put it ill materialistic terms. If the City of Miami had not done the Convention conference Center, Mr. Ted Gould would not have taken an interest in Miami, and would have not purchased the property from Ed Bald and Miami Center would not be underway. With all due respect to my good friend Mr. Bassett, I think he would have probably taken another year or two to do his building, if this had not ocurred, because we've been waiting for many years for the resolution of the terrible traffic problem in thy: Duponte Plaza area. I've always been under the opinion that sometimes things have got to worst before they get better and the solution to the'traffic problem at the Duplonte Plaza which is to get construction underway and the problem would be solved. I've been telling HUD that I think for 15 years now, and I think now we are underway. These things have a multiplier, one project influences the other. The reason why lark Avenue in New York is developed whether it's FI0 good or bad I don't know is becau:;e Weaver House puts up an building, and Seagram wants to put up a buildinc; to be just as good, and so they go out and get the best artist to put up the best builiding to compete with Weaver, and so Seagram has a better building and there ... and then you get Harry Helmsley who has to do the best and the biggest and what have you and this is what makes this country what it: is. This park and this project by Isamu Nugochi will put on the tax rolls of the City of Miami within the next 10 years hundreds of millions of dollars of buildings that we will tax and with which we will be able; to pay for more policemen and more services, and more of the things that the people of Miami want and further more and perhaps most important wo will also be able to reduce the burden of tax on the small property owner where at this particular juncture and like other American major cities the small tax payer is paying 60% or more of the advolerum taxes of the Cit,i of Miami and of Metropolitan Dade County where it should be like it is in ,Ntlanta in reverse, that the downtown Commercial properties pay 65 and 70% of the total tax burden of that community, that's where we need to go, that's what tax relief is going to be when the majority of the taxes of town are paid by the big commercial properties rather than the small comes. And the way you do that is by these type projects that induce that type of investment and that requires a little bit of guts and a little bit of vision, and I vote yes. Okay, we have ... Father Commissioner Gibson: Mr. Mayor we are through with... Mayor Ferret I think that was a ... ladies and gentlemen thank you very much for taking your time to come here this morning on this item. Commissioner Gibson: Mr. Mayor, I'd like to have be deferred later on in the morning so that I might go to this dedication, and then come back. Mayor Ferret Okay. We have Ann(, Creighton who is the Regional Administra- tor of EDA, and Father you might want to stay for that for a second and... Mr. Mayor Ferre. Mayor Ferret Yes sir Mr. May I please speak to the item of Nugochi? Mayor Ferret Sure. But I tell you Mr. could you wait just for a moment while we have an introdt:ction,*and then we'll recognize you, okay? Just wait one second. Mr. Reid. Mr. Jim Reid: Mr. Mayor, I wanted to introduce the a... to you and the City Commission, Anne Creighton, who is the Regional Administrator of Equal Economic Development Administration in the Atlanta Office, and she was very instilimental in working with us on the Overtown Shopping Center grant and is im town toda- for majority business interprise conference and also looking at a second project in the City. Just a by way of introduction I•wou]d sty she is a former Mayor of Dekata Georgia, so she is very understatding and sympathetic of the problems of the cities, she served three years on the National League of Cities Economic Community Development C)mmittee and chaired that and was very instilimental in getting the 1977 Community Development Act passed, so I wanted to introduce you to Ann-: Creighton. 10 0 F, Mayor Ferre: Anne we're very honored tc have you here with us, you're a distinguished former colleague, distinguished Mayor of the United States, and now I know you're doing a wonderful job for EDA. Let me just say one word about EDA, I don't know of a progrim that this administration has initiated, and that the Federal Government has that is more constructive, more progressive, more promising, and mare encouraging to the urban cities...to the urban areas of the cities of America, then the many programs that are EDA, and I don't know of a department, either within the Department of Commerce or within tho Federal Administration that is better run: or more imaginatively run and fair then the Economic Development then the EDA, so I just wan-:ed to make those two remarks to you. Ms. Anne Creighton: Thank you Mr. Mayo', it's a pleasure Mayor, and Commission to be here with you today, aid we're very excited about the opportunity of working with you, because our mission is of course is providing jobs and strengthening the ta:; base, so and I've enjoyed very much standing beck listening to you cope with some of the problems that I've been dealing with over the last nine years and we look forward to working with you, thank you. Mayor Ferre: Thank you. Father Gibson has asked that we put off item B, until he can return and so we will go on now to item C... Commissioner Plummer: Wait, wait, wait a minute, we are what? Mayor Ferre: Father Gibson has requested that item B be postponed until he returns. Commissioner Carollo: Mr. Mayor, can we set a time, an approximate time for item R, then becau:;e I would hate to have some of our top brass in the Police Department waiting here all morning or all day'? PERSONAL. APPEAM%NCE. ROBERT BROV: ARCHITECT'S, INSTITUTI: "OSITIOPI 3. ON NOGUCIII DESIGN rOR BAYFRONT PART; Mr. Robert Brown: Mayor Ferre, is it possible to reiterate the position of the AIA, in regard to the Noguchi thing at this time? Mayor Ferre: Yes of course go right ahead. Mr. Robert Brown: I don't think it has any bearing necessarily on the fact that the thing has already been approved. My name is Robert Brown, I am the Chairman of the designed committee of the South Florida Chapter of the American Institute of Artchitects. I would like to read to you a letter from the President of the South Florida Chapter, a Mr. Henry Alexander, and we would like that: to become a part of the record in the matter of Bayfront Park. Mayor Ferre: Excuse me, Mr. Brown, but Commissioner Carollo ;asked a question that C wanted to get into the record, so that the Chief can go about his business. Mr. Manager, I understand from Commissioner Gibson's secretary that he will be back at eleven o'clock, perhaps you might ask the police to be back at eleven thirty, in that way they could... Commissioner Pl.ummer: No, eleven. Mayor Ferre: Well if he's going to be back at eleven suppose he's late fifteen m[nutes? Make it eleven thirty, okay? That gives them two hours to get back'to their work. Mr. Brown, Mr. Robert Brown: Thank you. The letter is addressed to the honorable h 11 OCT %) 01980 Mayor and the City Commission of Miami. "Dear Mayor and City Commissioners: The Florida South Chapter of the American Institute of Architects is honored to participate in the consideration of the proposed redevelopment skeme for Bayfront Park, by the distinguished consultant Isamu Noguchi. The design is been extensively reviewed by the Chapter Committee while we find the designed sculpturally beautiful the scheme itself does not totally address a more fundamental problem of Bayfront Park. We collectively review the basic problem to be that of a separation of Bayfront Park from our City. The People Mover- Station relocated to the park promises to help to address that problem. The introduction of formalized activities in the park is a positive initiative and should be encouraged and argumented. Let our park be inviting and serve as stage for event. We recommend that you approve the Isamu Noguchi ... what Isamu Noguchi has accomplished today and consider it as a beginning of a more comprehensive solution. Indeed Mr. Noguchi, the artist, thinker and humanist may well be the catalyst for a truly successful and bold solution that can bring together the City park and water. The South Florida Chapter proposes that Isamu Noguchi's commission be extended, that his talent and efforts be expanded to include the qualified assistance of Architects of engineers landscape architects and planners, all direct towards that successful marriage of city park and water. Signed Henry Alexander, President of South Florida Chapter of .CIA, There are others here to, Mayor Ferre as citizens that came to address some remarks to the Noguchi plan and I think it was approved so quickly that the customary, you know, asking of comments from the floor didn't occur I wonder if it's appropriate to allow them to to speak out to? Mayor Ferri: Of course, Mr. Brown, I'm sorry I didn't realize that you wanted to address the Commission or I would have recognized you before and that's why I... Mr. Brown: Where did we ... we simply were waiting for the perfect moment. Mayor Ferre: You're recongnized and please feel free to make any, comments that you might want. Commissioner Plummer: Well, Mr. Mayor, in the comments that were just made the Commission did not do anything to the contrary. Mr. Brown: No, I think thit... Commissioner Plummer: They urged the approval and what they are saying is for further consideration. They wanted to be considered, and I don't thinkthat the Commission at this point has done anything contradictory to what they are requesting. Mr. Brown: We are urging the Commission to extend the charge to Mr. Noguchi, because we think a more comprehensive approach to that whole problem of the park quite a part from the sculpture that is the marriage of the City and the park something be done with Biscayne Boulevard, and the ... and this is what the architects are asking of the Commission. Mayor Ferre: Very good. Alright Mr. Arango. Mr. Jorge Arango: My name is Jorge Arango and I'm an architect and my address is 3920 Wood Avenue, Coconut Grove. Mr. Mayor, Commissionersi It's rare I think that this room and you all hear from people that are not personally interested in a particular benefit for themselves. I want to say that the architects that have been working in some interesting and possible project for Bayfront Park have no personal Interest of any kind, we're not interested in getting a commission on this particular case or have property or anything else but our love I 12 for the City of Miami. We have prepared a plan that would be very schematic plan of course that basically would do what we believe the City of Miami should have in Bayfront Park. We believe that no matter what you put there now it would be useless as long as the people of Miami do not have an access to the park. Whether you bring Noguchi or you bring whatever it is it is going to be useless. We believe that the problem that Miami has is that it's front yard is cut off from the City by Biscayne Boulevard. As long as that situation remains the park I insist is useless. What we have prepared and we are ready to present to you, I will read it to you in few words and then I will be happy to answer questions. We say we believe in Noguchi's plans, how- ever graceful the sculpture that he creates does not address itself to the basic problem which is the lack of intergration of three elements: city, park and water. Until this intergration is achieved it is impossible to expect the park to be used and useful for the people. We are aware that Mr.Noguchi was not given the latitude to address him- seLf to the problem in a comprehensive way. We believe he should be asked to ... he should be asked to cooperate with his talent in the preparation of a truly comprehensive plan. The design , sketch we have prepared contains the basic element that a solution should have. More than a way to get from one place to another the new Biscayne Boulevard is assigned as a dynamic sequence of visual experiences of the City and the park and the bay. I wonder Mr. Mayor, if it is possible for us to project slides of the project. Mayor Ferre: Of course. How long do you think this would take? Mr. Arango: Not very long it':, only three slides. Mayor Ferre: Do we have a machine? Mr. Richard Fosmoen: They have the machine all set up. Mayor Ferre: Mr. Arango, I wonder if you've had the opportunity to discuss th:'.s with the Downtown Development Authority? Have they been privy to your slides? No. You've not...have you talk to Mr. Reid? Mr. Arango: No, we just finished preparing it. Mayor Ferre: Okay, Oh you have not talked to the... Mr. Arango: We have listened to them and we have explained our complaints already, yes. Commissioner Plummer: Mr. Arango, if I might say and I'm only doing this for the record this is tho very thing that we were trying to avoid, Mr. Fosmoen, and I am not finding fault, but if this Committee of the Whole is going to be successful and if those meetings prior to today are going to be successful this can not continue. Now, I don't want to deny Mr. Arango, he has something important to say and he should have the opportunity to say it, but if we're going to be slipping within the first ten minutes of today's meeting, I think Father was vary clear and he spoke the same as I wanted to say, and didn't have to let's don't have those meeting the day before, because it was . imposed a ten minute limit per item on the day of Commission. I am not complaining except I don't want to waste our time. Mayor Ferre: You see —.no, no...I think your complaint is very valid and George the problem is that we've had two public hearings on this. I realize that you've just ... atid I understand it you're not here repre- aonting the AIA, but you and Mr. Brown are here representing a minority p,�sition of the AIA. Commissioner Plummer: And -I have no problem with that. Mayor Ferre: And I think because of that and because of the: regard we have for you, I am going to allow this one exception and I hope that we can keep these things to a minimum in the future. It is not your 13 HT 3 0 i980 db fault, but this is not a public hearing. Mr. Arango: I will. I would explain that it's not a minority of the AIA, it's a group within the committee, but this has been with the approval of the AIA. Mayor Ferre: I see, thank you for that correction. Mr. Arango: This has been prepared by Williams Coxs, Charlie Harrison Glenn Pratt, and others. Mayor Ferre: We have to do this within the next five minutes. Other- wise we will reschedule it and give you more time. Mr. Arango: It is very short Mr. Mayor, but we would like to... What we are ... I don't know whether or not you can hear me. What we are interested in is the City that is here. In direct contact with the park and the park direct contact with the water. If we move Biscayne Boulevard from this present position and move it toward the bay getting it in some places under and at the same time letting the park go over and that.the other places higher and letting the park go under, we achieve that. We also create two very important things which is access to the City and Marina, we are increasing activity here at the waters edge and we are making it in a way a contact...I want to be very brief so I don't want to spend to much. The contact between the three things integration. This is a detail of the Marina ... Ms. Matty Hirai: Mr. Arango, would you kindly take the microphone in your hand sir, and you can move with it. Mr. Arango: Alright. We have been also conscious of the fact that we would provide the whole thing for the parade so the parade would take place on the water stage so that it could be combined with some aquatic parade that se have tried to take into considera- tion every aspect of what may in the future interest the citizens, and maid the park really accesible to everybody, for everybody's use and making it a attractive, thank you. Thank you Mr. Mayor, I think this explains our position. Mayor Ferre: Mr. Arango, obviously you've gone through a lot of trouble and have done a lot of work and I think it's too important just to let it 'slip by and the five minutes that you've been able to make this presentation. I would like to request, Mr. Manager that through both the Planning Department, City of Miami, Mr. Reid and through the DDA that a ... and with the architects that are involved in the Bayfront redevelopment, that a work... a series of work sessions be established and that you come back with a full report to the Commission as to your recommendations as to ,the merits to some of the things that have been presented by this citizens group, and then we will... hopefully Mr. Arango and Mr. Brown and your associates bring this back maybe by the December meeting. I would...I think it would take you a couple of months and if not December maybe January. It will take you a couple of months I'm sure to review the work that you've done, but maybe by December or early January, we can get back to discussion of recommenda- tions. Okay? INAUDIBLE BACKGROUND STATEMENT MADE OUTSIDE THE PUBLIC RECORD: Mayor Ferre: Yes, fine I will distribute these and I will have the Administration as I said review this and be in contact with you, thank you for your assistance. Is there anything else on that that anybody wishes to say? And I apolggize,for having gone so quickly this morning that we'didn't give you a opportunity. 14 o c T % o teeo i 0 Mayor Ferre: Alright we are. item C now discussion of the Miami Capital Improvement Program, 1980-86. Mr. Dick Fosmoen: Mr. Reid will the -make the presentation in ten minutes. Mr. Jim Reid: Mr. Mayor, tiis is really preparatory to the City Commis- sion being asked on November 6 to do two things: number one to adopt a resolution which would ap,)ro�e in principle the Miami Capital Improvement Program, for 1930-1986 anti number two to adopted an ordinance which would enable us to ap?rolriate funds for the capital budget. I want to briefly summarize t,le taptial Improvement Program and then make a couple comments on projects anti then answer any questions that you many have, and if then( art concerns today we certain when the appropriations bill comes tp aid when the resolution comes up will have the answers that you seek. In the summary of the Capital Improvement Programs what we're basically !alking about is project of the City that cost twenty thousand dollars or more, and that would be initiated after October 1st, 1980. In otr program over the sixth year period we have two hundred and four stperate city projects at a total cost of nine million with 37% of those over the third being economic development project. The Capital Improvemtrit Program booklet spells these six r years of project out. In the t;apital budget which we are going to seek for you adopt on the .ix cif November, we have seventy eight pro- jects totaling ninety seven mi lion dollar and almost 50% of this amount is for economic development. `wo more additional comments, the book itself is useful in terms of investors, people who are going to issue bonds for the City because they know that we have a sound financial plan for making sure that the fiscal needs of our City are met, but it does allow people to also keep track of the fact that we're moving these projects forward. For example in the last year nearly eighty three million dollars worth of projects were either put under contract, construction was commenced completed, or put into project designed so that all of this information is contained in detail, and the Capital Improvement Program is provided to you. In the main policy issues relate to the spending of the capital improvement fund which represents a true source of flexible dollars to the City Commission. Many of the project in the fund.., Commissioner Plummer; Mr, Reid. Mr. Reid: Yes Commissioner Plummer: Is there anyone here of an objection? Mr. Reid: Not that I know of. Commissioner Plummer: It's smart ... Is there anyone here wants any Information of the public or wants to ask a question. It's a smart man that knows when he's ahead, Mr. Mayor, I move the item of....What item is? Mr. Fosmoen: You don't need 'to move anything. 6 Mr. Reid: It's preparatory to actions on the 6th of November, Mr. Commissioner. i' Mr. Fosmoen: Thank you for'yotir attention. db 0 198U CJ Mayor Ferre: Well, I think the thing to do is just to make a simple motion that this item be put on the November 6th... is that it? Commissioner Plummer: I so move. You know we went through this yesterday and that was what yesterday was for, to let the Commission know and be informed and that's what it did so if there is no one here wants to talk or object or comment then lets go to the next item. Mr. Fosmoen: The question then is as a result of yesterday's presenta- tion are there are any adjustments or additional information that the Commission feels should be incorporated before next thursday when you're going to vote on the Capital Improvement Program. Commissioner Plummer: Mr. Fosmoen, for my comments of yesterday it should be rather obvious that I am not completely happy with the total concept of the program. Ninty nine percent of I am happy with, all I want is assurances that this program as presented and will be approved on November the 6th with my vote as one is not chiseled in stone, okay. I want that understood that any changes during the year as time changes and the needs of resetting priorities for dollars that this is not a sacred cow. That's'all I want to make sure that everybody understands. Mayor Ferre: Okay, do we need a motion now? Mr. Fosmoen: No, you don't need any motion. Commissioner Plummer: Yea, well the motion is that it be scheduled for November the 6th for approval. Commissioner Lacasa: I second that. Mayor Ferre: Alright further discussion call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-754 A MOTION OF THE CITY COMMISSION REQUESTING THE ADMINISTRATION TO PLACE THE ISSUE OF THE MIAMI CAPITAL IMPROVEMENT PROGRAM (1980-1986) ON THE AGENDA FOR THE MEETING SCHEDULED FOR NOVEMBER 6, 1980, FOR THEIR CONSIDERATION AND APPROVAL. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote. AYES: Commissioner J.L. Plummer Commissioner Lacasa Mayor Ferre NOES: None ABSENT: Commissioner Gibson Commissioner J. Carollo Commissioner Plummer: Mr. Mayor, I would suggest that Mr. Reid and this young lady who Mr. Reid readily acknowledged did all the work make at least appointments if Commissioners want any further comments between now and the next meeting, at least give each Commissioner the right of refusal. Mayor Ferre: Okay. Commissioner Plummer: I would suggest that. 16 db �, ". 7 r% 5. REVISIONS TO MIAMI WATERFRONT BOARD PROCEDURE Mayor Ferre: Alright we're now on item D, Miami Waterfront Board Procedures. Mr. Fosmoen: Mr. Odio. Mr. Cesar Odio: Yes sir. Mr. Fosmoen: Will you respcad? Several weeks ago Mr. Sorg, presented a recommended series of changes in the policy that outlines the activities for the Waterfront Board, I've asked the staff to review those. We have some recommended changes Mr. Sorg, is here to also comment, Mr. Odio. Mr. Odio: Yes, at the request of the Chairman of the Waterfront Board we submitted to the Manager some changes on the procedures and format• of the Board. I believe th,it Alfredo Rodriquez have met with Mr. Sorg and that he was told of the changes to his proposal. If he have any questions we will be glad to answer. Mr. Stewart Sorg:, My name I.s Stewart Sorg, I am Chairman of the City of Miami Waterfront Board. Ju:;t a couple of modifications to your proposal. On item three roman numeral one which says to give advise on special waterfront projects and studies maybe requested by the City Commission and the administration, I think that availability ought to also include the general public, they should have the right to request studies, views by the Waterfront Board or we could determine whether or not they should come to the administration or ole City Commission. Commissioner Plummer: Well what you're saying is that they can request? Mr. Sorg, sometimes I think it's got to be kept in mind. One of the ways things are done around City Hall to defeat or obliterate is to study it to death. Now, I think that if what ,you're saying is the public has the right to'request they always the right to request. It doesn't necessarily mean that that request will be granted, but any citizen and with this Commission in particular.I don't know of a Commission that exist in the State of Florida, that the public have more access to , than this Commission. Mr. Sorg: This is a ... Mr. Plummer, this is to the Waterfront Board that the general public would have access to the Waterfront Board for their own use, for... Commissioner Plummer: A•ren't•all of your meetings open to the public to comply with the sunshine? Mr. Sorg: Yes, yes ,sir, exactly. Commissioner Plummer; Unless we get some comments up here what happened for example to Little Havana Activity Center where the people were being denied the right to talk, so be it. Mr. Sorg: The other consideration I would have would be on item three on page two, the appointment of members. I would like to suggest that we include two alternates to the Waterfront Board. We have had very close situation where the member has been terminated or where they... People were out of town,and,we have not had a quorem when we know that there will not be enough people we should be able to call a proper alternate so we do have a quorem. OCT. 30, 1980 17 1 �� T 01980 C #\ Mr. Odio: Commissioners, I have no objections on that. They had to cancels some meetings because of like of quorem. Commissioner Plummer: Well you're saying page two, item three? UNIDENTIFIED SPEAKER: Item seven. Commissoner Carollo: This is just an adendum to that particular number. Commissioner Plummer: Well Mr. Odio you have no objections, do you feel it would be a good idea? Mr. Odio: Yes, I do I'think that... Mr. Sorg: The last thing I would like to suggest would be that the general geographical location of members of the Waterfront Board should be so designated by the City. For example on the board today of eight or nine members seven are located in South Miami, five of them in Coconut Grove, we have nobody From the Miami River area, we have nobody from the 79th street boating area, I think geographically we ought to begin to select that member so we have true representation on the board. Mayor Ferre: Well let me speak to that Mr. Sorg. I think that's a great goal and a great idea, but I think we got to be pragmatic about it. There may not be to many people that live along the Miami River, and therefore I think that ought to be a goal but not a quota. Mr. Sorg: Mayor, people like Mr.:luta for example, who is a boating... enthusiast. Those are typ(Is of people I was thinking about, that type of representation also, Commissioner Plummer: Well Mr. Nuta doesn't live on the river. Mayor Ferre: But he works there, I guess is what he's saying. Mr. Sorg: You can either be a worker or a resident. Mr. Fosmoen: Mr. Mayor, you have a set of procedures laid out, you receive recommendations for appointments fro a whole varity of groups to the Waterfront Board. Now, you've just created two alternates, you may wish to use that as a basis for• getting some geographical participa- tion. Mayor Ferre: That's a very good recommendation, that the alternatee be used to balance the board geographically as much as possible. Would that be acceptable to you? Mr. Sorg: Yes sir. Mayor Ferre: Is that acceptable to you, Plummer? Commissioner Plummer: Sure, fine. Mayor Ferre: Lacasa, okay. Mr. Sorg: I like also to conclude that we have invited the Marine council, the Propeller Club and the Greater Miami Marina Association to have representation in attendance at the board meeting and we will in the future name a few advisors just to assist us with our project, thank you very much. Commissioner Plummer: Does'this need a form of a motion? Mr. Fosmoen: We will restructure it and bring it back to you on the six, okay. �� OCT. 30, 1980 Mayor Ferre: Alright, thank you very much for your time and your interest in this. Alright are we conclude now with item D? UNIDENTIFIED SPEAKER: Yes sir, Mayor Ferre: Alright we are now on item E, which is the renaming of Dixie Park. Mr. Fosmoen: We may wish to wait for Commissioner Gibson on this. Mayor Ferre: Alright we'll watt for Gibson on that. We'll now go on and move to F. Mr. Fosmoen; Mr. Tijeras Ls here to report on the status of the investigation with 8PO'in ;•elation to their activities in Wynwood. Mayor Ferre: Alright.. Commissioner Plummer: Question. Has a copy been given to the complainant? Mr. Tijeras; As far as we are concerned the only copy was from Julio Cast::no to the City Manager. Mr. Fosmoen: No, it is not —aside from the normal procedures in channels it has not;.be distributed. Mayor Ferre: Well, I think t}.at's a good Question that Plummer asked in other words, I think that the person who brought complaint who's here in the audience, Mr. Lopc+z should be given the courtesy of an answer of the investigation. Mr. Fosmoen; Did you meet with the complaintant7 UNIDENTIFIED SPEAKER; Yes. Mr. Fosmoen: Is he aware of the findings? UNIDENTIFIED SPEAKER: No. Commissioner Plummer: I move this one I don't want to defer it. Mr. Fosmoen: You've got a week we don't find any problems on it. Commissioner Plu:►m►er; Well, but you know, here Mr. Lopez is sitting in the audience, it is Mr. Lopez who brought this to the attention of the Commission that these allegations were existing and for Mr. Lopez to be here and to steak to it, and not be a furnished a copy of this which is a public record in advance, is tying his hands, you know► Mr. Fosmoen; Obviously he's entitled to a copy Commissioner Commissioner Plummer: We11 F►pyone is under public record, but it would seem logical to me that a copy would have been forwarded to him as soon as completed. Mr. Fosmoen: You're absolutely correct. 19 OCT. 30, 1980 'b Commissioner Plummer: Well let's go ahead and see if we maybe can iron it out. Mayor Ferre: Lot me ask this question, are we holding back any funds at this time or is this in any way creating a problem for the S.P.O.C. Wynwood? ?4r. Tijeras: No, Mr. Mayor what the S.P.O.C. Board decided was to utilize county funds only and solely until this matter is settled, so they have not utilized City funds at all. Commissioner Plummer: Mr. Mayor let me make a suggestion. May I suggest that a copy be given to Mr. Lopez and anyone else that wants...let's go through and let them have the opportunity to read it, and then we'll discuss it at the end of the committee meeting, I think that's the only proper way to do it, really. Mayor Ferre: Alright. Mr. Fosmoen: Mr.Tijeras will meet with Mr. Lopez. Mayor Ferre: Let me just say it's a one page recommendation... pointed and all it really says because I've read it, it's just a simple memorandum. They've looked into the allegation, they' find no proof of discrimination against Puerto Ricans. Mr. Frank Estrada who has been hired isa Puerto Rican, the board secretary, Mr. Pedro certifies thatMr. Perez is not a member of the Board of Director, nor is he receiving funds under contract with SPOC. No adverse action from SPOC justifiable nor recommended, It's that's simple. Commissioner Plummer: Well there'was another more serious allegation that I haven't heard the answer to, and that allegation was... Mayor Ferre: Misuse of funds? Commissioner Plummer: No. Mayor Ferre: I don't think so. Commissioner.Plummer: Emelio what was the one that was the accusation that a man was willing to come and give an affidavit on? What was the allegation? I am not saying what... Mr,Tiieras: Mr. Commisa�er let me refresh your mind the steps that we have taken after the allegations were made by Mr. Lopez. We asked Mr. Lopez to sit down with us and with the City Law Department, and the old allegations were taken down officially with the secre- tary, and minutes were taken. The Law Department then gave us an opinion that of all the allegations they were certain that an antonomous public agency could get into and we did not have any jurisdiction. They pointed out to us that of all the allegations to them would constitute breech of contract if in fact proven true. Those two allegations were the ones we followed later on. Commissioner Plummer: Well, I would strongly suggest in the future to the Law Department when this Commission tells the administration to look into a given set of things that when the Law Department wishes to change those, that they should let this Commission know. Now it was my understanding there was a paper surrendered to this Commission with certain allegations, this Commission asked that that matter be investigated, not partially, but fully, and if anybody is changing the rules or the policy of this Commission, they should at least have the courtesy to come back and sAy to the Commission we don't feel that we should look into all of this matter. Now, I don't know who's making those decisions. Go to the microphone Emelio. Mr. Emelio Lopez: My concern, Commissioners is that it's kind of a bad precedent if you might call it that we come in here and make 011 0 a complaint, it's been on radio about three.or four.... two or three months now, we spoke to the.....like Mr. Tijeras said, we spoke to the Law Department, and the way I see it you know, I have a dup artment within the department of the City of Miami investigating a department, I think that the next time I have a complaint like this, I will come and give it to you, but I will take it directly to the State Attorney to investigate these things, because I think we still believe that some wrong doing was done in departments over here, because they are investi- gating other departments they are not coming with right answers, and that's my opinion, and you know it's... Mayor Ferre: Well Mr. Lopez, I might recommend to you what you well know is that when the accusations are criminal in nature the appropri- ate agency to look into it is the State Attorney's Office and not the City of Miami Commission. Mr. Lopez: (INAUDIBLE BACKGROUND) Commissioner Plummer: What was the other accusation made? Mr. George Knox: I can't remember specifically what it was. Mayor Ferre: You have a perfect right at any time to go to the State Attorney's Office: and make an accusation. Alright now where are we then on this matter? Mr. Knox: Yes sir, may I please add relative to the legal opinion that was issued. Legal opinion was distributed about two months, and it was addressed at the last meeting of the City Commission. The only thing that the City Commission can ...the legal opinion indicated that the only matters that could be investigated by the City were those matters which were related to the contract between the City and one of its agencies, and we also suggested in that legal opinion that any of the allegations relative to criminal activity or they were outside the scope of the contract to relationship should be addressed to the State Attorney's Office. Commissioner Plummer: Alright fine. I got no problem with that if that's your opinion and you are entitled to it, okay. (UNIDENTIFIED SPEAKER) The opinion was passed on to you in the same package, October 8. Commissioner Plummer: Okay, what I am saying is this the one thing here that is not addressed in the answers, and it's allegation, and I want that to be understood. I am not saying that Emelio is right or wrong , I'm saying it's an allegation that to me is not addressed, that he was told, who ever he is that he would have to back Jose Mendez for Chairman of the Community Development Advisory Board in Wynwood or else. Mr. Lopez: That's a fact. Commissioner P:iummer: Hmelio please, alright now that's an allegation, It's not been a>swered, that to me would be a breach of contract. Mr. Tijeras: Well it has been answered by the other party by nogating it ;sir so there's no way we can prove it, we don't have it In writing. Commissioner Plummer: Do you have an affidavit to that sir? Mr. Tijeras: Im sure they will be willing to give it if we ask them to sir. See, in many of these allegations sir... Commissioner Plummer: What department are you with? Mr.Tijeras: Deapartment of Trade and Commerce Development. Commissioner Plummer: And wiy was the Trade and Commerce invited to do 21 C i 0 an investigation? Mr. Fosmoen: Because the Department of Trade and Commerce is responsi- ble for overseeing contracts between the City and the various providers of service in the community. Commissioner Plummer: You know, I hope if I every get in trouble that they investigate me. I don't want to ever get into trouble. Mr. Fosmoen: Commissioner, that's why the City Attorney suggested that if their allegations are of wrong doing it be'referred to the States Attorney's Office. If you want ... If you are seeking a police investigation of these allegations, you know we can expand that. Mr. Lopez: Mr. Plummer and Commissioners, you know when we went and made the official allegations and we met with the lawyers, you know the impression that I got was they were telling me , well this is a political thing you know we can not deal with that, but we were not informed...we not informed that we had the right to go in front of the State Attorney and you know this been dragging on and on and on and again it's just like I said before, you have your own department investigating and if we were told this we would have gone to another source and something else would have been done. Commissioner Plummer: So where are we? Mayor Ferre: I don't think that there's anything else to be done on this in my opinion. Are we going; to move on item G? Mr. Lopez: What happened? Mayor Ferre: What happened is the report has been concluded you're at liberty to go to the State Attorney's Office. Unless somebody else wants to do anything else here, okay. 7. DOWNTOWN GOVERNMENT CENTER PARKING PROJECT Mayor Ferre: We're on item G. The status report of the Committee of Whole on the development of the proposed downtown government center parking facility project meeting of October 30th. Mr. Fosmoen: This is one of the items that we discussed yesterday at ,the workshop Mayor Ferre: Is there any action that's required on this? Commissioner Plummer: Items eight, nine and ten on the afternoon agenda. Mr. Fosmoen: Eight, nine and ten on the afternoon agenda unless there are further issues that the Commission wants us to get into at this point. Now just to summarize for you, we are seeking a loan in the capital improvement fund, we are seeking concurrence in hiring an engineering architectural firm to develop specifications sufficient to go to bonding, develop cost and specifications sufficient to go to bonding and thirdly we are seeking approval to hire a financial advisor to assist us in structuring that bond issue so that we can get the lowest rate within the market. Commissioner Plummer,= Let me just ask a question that was generated In my mind over night. It would be my assumption that these are going y 22 ,a to be revenue bonds. Part of predication of revenue bonds would be the leasing of rental space. Mr. Fosmoen: Or a market study that shows the feasibility of leasing that space. Commissioner Plummer: No, let me tell you, you know where I am coming from. What I am saying is that once that is built and in the future there is no way that this Commission or anyone can waive those fees or those leases. Mr. Fosmoen: I'm not sure I understand your question. Commissioner Plummer: Alright, you're going to have as I remember the figure yesterday twenty th(usand... approximately twenty thousand square feet of retail. space. Mr. Fosmoen: That's correct. Commissioner Plummer: Alright. That space will generate revenue which will be part of the ... part and parcel of the revenue bonds. Mr. Fosmoen: That's corret.t. Commissioner Plummer: Alr ght, I want it very clearly spelled out that this Commission nor the OU Street parking Authority or anyone else can ever Waive the rental lee, because revenue is predicated on the bonds. Well, I want to mete sure that's written in and fully understood by everyone. Mr. Fosmoen: That will sliow up in the official statement from the bonds prespectus. Commissioner Plummer: A r ight, I have no problems Mr. Mayor. Mayor Ferret Alright, yoi. want to wait until this afternoon the Mr. Fosmoen? Commissioner Plummer: I think it would be better that we wait until this afternoon. Mayor Ferret Mr. Mayor we can go on to time J. Mr. Fosmoen: Item J was one those issues also we discussed yesterday, I am seeking approval from the City Commission to begin negotiations with the Comity Manager to organize and form a sports authority. I am seeking your approval to the County's proposed ordinance creating that sports authority, but. -rather your approval and direction in negotiating with the County Manager. You may remember also that we discussed some length the Finch-Neery report and some of it's problems Mayor Ferre: Do We need any action on this? Mr. Fosmoen: Simply a motion. Commissioner Plummer: Wed there's not ... excuse me, there's really nothing to move at this time Joe, it's just a matter...if you want... You want a motion on it? s 23 a�;T Aso 0 Mayor Ferre: Sure he needs a motion. Commissioner Plummer: Fine. Commissioner Carollo: He said he want a motion. Commissioner Plummer: I'll second it. 11 The following motion was introduced by Commissioner Carollo, who moved its adoption MOTION NO. 80-755 A MOTION INSTRUCTING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE METROPOLITAN DADE COUNTY MANAGER FOR THE CREATION OF JOINT SPORTS AUTHORITY. Upon being seconded by Commissioner. Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Carollo Commissioner Plummer ,Mayor Ferre NOES: None ABSENT: Commissioner Lacasa Commissioner Gibson Commissioner Plummer: Mr. Mayor., at this time if it's in order I would like to propose that Commissioner Armando Lacasa be named to the present Sports Conm•.ttee in which there is a vacancy created by Rose Gordon' ieaving the Commission and we would like to, I feel have as much... I presently sit as one member. Mayor Ferre: Alright, that's a form of a motion, is there a second? The following motion was introduced by Commissioner Plummer, who, moved its adoption: MOTION NO. 80-756 A MOTION APPOINTING COMMISSIONER ARMANDO LACASA TO THE SPORTS =1MITTEE TO FILL THE VACANCY LEFT BY COMMISSIONER ROSE GORDON. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Plummer Commissioner Carollo Mayor Ferre NOES: None ABSENT: Commissioner Gibson Commissioner Lacasa Commissioner Plummer: I would suggest Mr. Fosmobn, that you so inform both Merrit Sterheim and Ronnie Fine who is Chairman, that Mr. Lacasa is to be included in all chlls or meetings of that committee, because that committee will have a tremendous impact on the Sports Authority. db 9. BRIEF DISCUSSION OF REPORT BY PEAT MARWIXY. & MITCHELL REGARDING FINANCIAL STABILITY OF CHE CITY: Deferral of Consideration Until November 6th CommLsston Meeting. Mayor Ferre: Okay, we're now.,.Mr. Lacasa you had went back to item'K... Is the representatives Peat Marwick & Mitchell here? Mr. Fosmoen: Mr. Mayor, representatives have met with Mr. Lacasa, they have had a conflict today and are not able to be here. We will reschedule this for the sixth. Mayor Ferre: Okay, that's fine. Commissioner Plummer: No, no, no i:'s not fine. Mr. Fosmoen. Mayor Ferre: They are not here. Commissioner Plummer: I understand that they are not here, but Mr., Fosmoen, I want you to put on the record and make it very clearly air that some people are getting ;;ome weird ideas because of this item, and the way it is worded that this; delay today is cover up. Mr. Fosmoen: It's not a cover up Commissioner, they just simply are unable to be here today, and we will reschedule a full presentation for next thursday. Commissioner Plummer: Alright. db/gl 45 OAT �01980 -a•.�i.n_.iuL'Y;)� .rM_ttS.. 'A dMri'NSadY - _ 10. EMERGENCY ORDINANCE: AMENDING SECTION 1 OF ORDINANCE NO. 9132, BY CORRECTING A SCRIVENER"S ERROR Mayor Ferre: We are now on Item #4, which is an emergency ordinance. I think this is a non -controversial item, isn't it? Is there a motion on this? Alright, there is a motion on Item 4, is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded. Is there further discussion? Read the ordinance, please. Alright, call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9132, ADOPTED ,JULY 24, 1980, WHICH MODIFIED LICENSING PROCEDURES FOR ADULT MOTION PICTURE THEATRES AND ADULT BOOK STORES AND WHICH ALSO DELETED THE SPECIFIC LICENSING AND REGULATING OF ESCORT SERVICES FROM THE CITY CODE BY CORRECTING A SCRIVENER S ERROR IN SAID SECTION 1 OF ORDINANCE NO. 9132 IMICH HAD INCORRECTLY REFERRED TO THE CITY ZONING ORDINANCE AS "ORDINANCE NO. 8645" INSTEAD OF "ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, AS AMENDED, AND AS MORE PARTICULARLY AMENDED BY ORDINANCE NO. 8618 ADOPTED FEBRUARY 23, 1977, AND BY ORDINANCE NO. 8695, ADOPTED SEPTEMBER 15, 1977 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing With the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Carollo, Commissioner Plummer, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: None. Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Plummer, adopted said Ordinance by the following vote: AYES: Commissioner Carollo, Commissioner Plummer, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9187 The City Attorney read the ordinance into the public record and announced that copies were available to member of the City Commission and to the public. gl 14� 0 0 11. EMERGENCY ORDINANCE: AMENDING SECTIONS 31-1 AND 31-48 OF THE CODE BY REPEALING SECTION 31-1 IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION WHICH ESTABLISEES A NEW OCCUPATIONAL LICENSE CLASSIFICATION AND TAX Mayor Ferre: Take up Item 5. Mr. Plummer: Move it. Mayor Ferre: Alright, moved by Plummer, is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded. Further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AIN'ENDING SECTIONS 31-1 AND 31-48 OF THE CODE OF THE CI7Y (F MIAMI, FLORIDA, EFFECTIVE SEPTEQBER 1, 1980, AS AMINDED, BY REPEALING CODE SEC- TION 31-1 IN ITS ENTI1\ET) AND SUBSTITUTING A NEW SECTION 31-1 ESTABLISHING THEIREIr, A NEW OCCUPATIONAL LICENSE CLASSIFICATION AND TAX FoR THOSE INDIVIDUALS ENGAGED IN THE BUSINESS OF ASTROLOC", CARD READING, CHARACTER READING, CLAIRVOYANCY, CIcYSTAL GAZING, FORTUNE TELLING, GRAPHOLOGY, HYPNOTISM, Pi�LMISTRY, PHRENOLOGY AND SPIRITUALISM AND IMPOSING CERTAIN CONDITIONS UPON THOSE INDIVIDUALS ENGAGING IN CERTAIN OF THOSE BUSINESS ACTIVITIES COVERED BY THE HEREIN NEWLY ESTANLISHED LICENSE TAX; FURTHER PROVIDING FOR AN INCREASE IN OCCUPATIONAL LICENSE TAXES, SUCK INCREASE LIMITED TO 100% INCREASE FOR OCCUPATIONAL LICENSES WHICH ARE $100 OR LESS, 50% FOR OCCUPATIONAL LICENSES WHICH ARE BETWEEN $101 AND $300, AND 25% FOR OCCUPATIONAL LICENSES WHICH ARE MORE THAN $300; FURTHER DELETING FROM SAID CODE 'iECTION 31-48 THOSE OCCUPATIONAL ACTIVITIES WHICH ARE NO ONGER REGULATED BY THE CITY; CONTAINING A REPEALER PR)VISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa, for adoption as an emergency measure and dispensing with the requirement of reading the same on two separate days, which was agreed to by the following vote: AYES: Commissioner Plummer, Commissioner Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Carollo, adopted said Ordinance by the following vote: AYES: Commissioner Plummer, Commissior;er Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9188 The City Attorney read the ordinance into the public record and announced that copies were available to member of the City Commission and to the public. gl 217 4F 12. SECOND READING ORDINANCE: AMENDING SECTION 2-76 OF THE CODE BY INCREASING FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS AND SITE INSPECTIONS Mayor Ferre: Now, take up 5A on second reading. Mr. Plummer: Moved by Lacasa, seconded by Carollo. Mayor Ferre: You want to move it again, Lacasa? Carollo, you want to second it again? Mr. Carollo: After I read it and make cure I know what I'm voting upon. Second. Mayor Ferre: Alright, a motion was made and seconded. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 2-76 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, WHICH PROVIDES FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS AND SITE INSPECTIONS TO ASSURE ORIGINAL AND CONTINUED COMPLIANCE WITH THE ZONING ORDINANCE THE CITY OF MIAMI'S COMPREHENSIVE ZONING ORDINANCE NO. 6871, AS AMENDED INCREASING SAID FEES: CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of October 9, 1980 was taken up for i`.s second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Carollo, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9189 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. 13. SECOND READING ORDINANCE: AMENDING SECTIONS 54-57, 54-58 AND 54-60 OF ARTICLE III, BUS BENCHES," OF CHAPTER 54, "STREETS AND SIDEWALKS" OF T11E CODE Mayor Ferre: Plummer you moved 6 before, you want to move it again? Mr. Plummer: Right. Mayor Ferre: Alright, is there a second? Mr. Carollo: Second. Mayor Ferre: Ok. Any discussion? Mr. Carollo: Yes. I would like to have a discussion that's sort of related .o this. One of the problems that I have been seeing in the City during the ast weeks is that a lot of these bus benches are being put in district where 's just giving the hookers the excuse to be sitting down on them so when 20 OCT 3 01980 our police officers come by they canr:ot .legally move them out of the way. And I would like to see the City Manager possibly study this problem and if we can identify the benches that are right next to the motels, if we can work something out on that. I thought I would i.ever see the day where right down on 8th Street you would see the hookers wall.ing up and down sitting on the bus benches and flagging down the cars like can Biscayne Boulevard and 79th Street. And my God they have arrived. They are here now and I would like to see them go. Mr. Fosmoen: Ok, we will take a look at it. Mr. Plummer: Joe, I got to tell you a finny story, take a second. Dick LaBaw, when they made the new Office Str,,et Parking Downtown was confronted with that problem. The one there next to Gesu. So he says to the people "design me a bus bench that the boys of he road can't sleep on all night long". And he came up with a bus bench that did one of these, ok. If you ever want to see something funny is.to see one of :hose winos with his head on one hump, his shoulder blades on another, his up. p,!r on another and his fee on another. They will find away. I don't care how y,)u design that bench. Mr. Carollo: Yes, but at least it won't be comfortable for them, will it? Mr. Plummer: I don't know, he is sleepiig awful good. Mayor Ferre: Ok, call the roll. Mr. Carollo: The other thing I wanted t, ask the City Manager about the bus benches, it's my understanding that we hive some, in our City contract with Bus Bench Companies, some clause that pr>hibits political advertisement in bus benches within the City of Miami. I-i that so or not? Mr. Fosmoen: No, Commissioner, I don't relieve so. Mayor Ferre: Further discussion? Mr. Plummer: The only thing I want to mike sure Mr. Fosmoen in that any renegotiated contract, because very importantly so, I reminded you the other day that they offered, I think it was thirty benches or there was a certain number I remember for public service and I want to make sure that those are incorporated for police recruitment. That those thirty, that nobody let's them go by the board. Mr. Carollo: That's probably the thirty that the hookers are sitting in, Plummer. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 54-57, 54-58 AND 54-60 OF ARTICLE III, "BUS BENCHES" OF CHAPTER 54, "STREETS AND SIDEWALKS" OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, BY PROVIDING FOR THE ELIMINATION OF ALL DESIGNATED GEDIRAfHICAL DISTRICTS IN CONSIDERING THE LOCATION FOR PLACEMENT OF BENCHES AND/OR SHELTER STRUCTURES AT BUS STOPS WITHIN THE CITY; CC,NTAINING A REPEALER PROVISION AND A SEVERIBII.ITY CLAUSE. Passed on its first reading by title at the meeting of October 9, 1980 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice-Mi�yor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. .HE ORDINANCE WAS DESIGNATED ORDINANCE y0. 9190 C. � - C 1980 4 m f E 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. 14. AUTHORIZING TRANSFER OF FUNDS IN THE AMOUNT OF $100,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM CAPITAL IMPROVEMENTS FUND AS AN ADVANCE PAYMENT OF AD VALOREM TAX Mayor Ferre: How about 14? Mr. Fosmoen: That you can do. It's a loan to the Downtown Development Authority until they receive their taxes from Dade County. Mayor Ferre: Alright, Lacasa moves, is there a second? What that is, is until they get... until the DDA begins to get their tax money they run short of money always during the month of late October, early November, until the tax bills go out. So what we do every year, is we lend them... we, the City lend the DDA a hundred thousand dollars and then they return it when they get their tax money. Mr. Carollo: We would not be losing any money at the interest rate they are paying us? Mayor Ferre: No, no. Mr. Fosmoen: No, they are paying us an interest rate. Mayor Ferre: Do they pay us interest on it? Mr. Fosmoen: Yes, air. Mayor Ferre: Alright, is there a... it's been moved, is there a second? Mr. Carollo: Second. Mayor Ferre: Any discussion on Item 14? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-757 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $100,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM THE CAPITAL IMPROVEMENTS FUNDS AS AN ADVANCE PAYMENT OF AD VALOREM TAX PROCEEDS TO BE REPAID OUT OF AD VALOREM TAXES TO BE RECEIVED FROM DADE COUNTY BY THE CITY OF MIAMI ON BEHALF OF THE DOWNTOWN DEVELOPMENT AUTHORITY BEFORE THE END OF THE 1980-81 FISCAL YEAR, WITH INTEREST TO BE PAID TO THE CITY AT THE RATE OF 6% PER ANNUM. (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: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENTS Rev. Gibson. gl ■ o 19 .30 �f� T 80 Ll 15. AWARD CONTRACT TO M.A.I. APPRAISER, SLACK, SLACK, & ROE, INC., FOR PROFESSIONAL SERVICES IN THE AMOUNT OF $5,000 TO CONDUCT APPRAISAL IN CONJUNCTION WITH PROPOSED LEASE AGREEMENT WITH BAYSHORE PROPERTIES, INC. FOR CITY WATERFRONT PROPERTY KNOWN AS "COCONUT GROVE MARINA (KE1,LY PROPERTY)" Mayor Ferre: Is there a problem with 15? Mr. Fosmoen: Well, we have a situation with the proposal and the review of the contract on the Underwood Property. We hive one appraiser that thinks it is a reasonable return to the City. We have a second appraiser who doesn't. So we are seeking a third opinion. Mayor Ferre: Alright, is there a motion? Mr. Plummer: I move it. Mr. Carollo: I would just like to ask scnething, if it's not out of order at this point. I'm seeing that we are starting to run into this same problem quite often now that out of our two appraisals we are getting one that doesn't feel it's a good return and since we are so hurting for money as the Administration tells me, wouldn't it be better to try tc work out the loose ends with the one appraisal that doesn't feel the City is getting a better return for its money, instead of going out and spending thousands of additional dollars of the City? I mean, I would hate to have to raise the taxes again because of this Mr. Fosmoen. Mr. Fosmoen: Well, I sat down with the second appraiser. An appraiser who didn't view the contract as being fair. Mayor Ferre: Who was that, by the way? Mr. Fosmoen: Quinn 'leyman. And the difficulty on this. Let me give the Commission some background. There were two contracts that had been negotiated prior to the implementation of the Charter Amendment. One was out here at Dinner Key Marina. The other one was ovcr at the Underwood Property. Both of those cases we had been in contractual negotiations for almost two years. In the case of the Underwood Property since early 1977 we were tied up in court for a series of reasons. We were tied uI. with the City wide referendum on the Charter Amendment. So we were really plzying catch up on those two contracts. The Underwood Property and the Dinner Ke) Marina. Since that time we have been able to go out before hand and obtain appraisals on what a fair return is. Particularly, or as an example, you will be seeing it today on Item 14A. We were able to get appraisals before the fcct, rather than after the fact. In the case of Mr. Trainor's bid and the prcposed use at the boat shed, that contract was originally negotiated in 197... started negotiations in 1977 and at that time based on what we had paid for the property the return that we are getting would have been fair. Now, today becaust of escalation in land value Mr. Quinlivan has estimated the value of that land today at two million plus. Which means that a ten percent return on our investment would have to generate two hundred and some thousand dollars a year. The minimum payment from Mr. Trainor annually will reimburse the City for its cost for the Underwood Property. We also have in that contract a ten... eight and ten pertsent of gross that breaks at a million dollars. I think the question that the Commission has to address and it's one of equity, is whether or not we should gi) back and try and renegotiate the contract with Mr. Trainor that was originally negotiated in 1977, but was prevented and we were precluded from entering into that contract because of a series of court cases. During that time the value of the property and we all know what's happened to value of property in Coconut Grove, is increased and for no reason caused by Mr. Trainor or the City, we aria now looking at a piece of property that's more valuable than it was when we purcha;;ed it. Mr. Trainor will reimburse us the cost of our acquisition through the term of the contract. Mr. Plummer: That's not the whole answer. Mr. Carollo: He will be paying the five thousand dollars for the extra appraisals? . Plummer: No. t i C: 01980 sN Mr. Fosmoen: You would not be paying the additional five thousand. Mr. Carollo: Let me add this, Dick. I realize that sometimes it's impossible to try to work at a compromise with whatever price might differ. However, is there anything that would prevent the City of Miami from in the future when we lease that property for the appraisals to be paid by whoever ends up leasing the property. Mr. Plummer: That's a good idea. The same thing we are doing with cable t.v. Mr. Fosmoen: Yes, we can certainly do that. Most of it... at this point in time we got out before hand for appraisals. Now, we could require that anyone who bids on the property or is the successful bidder on the property reimburse us for the cost of our appraisals. That's an excellent idea. Mayor Ferre: Yes and the reason why that has not been done up to this time is because all of these contracts were initiated prior to the passing of the Charter Amendment which now requires this. The problem that I see that we have here, Joe, is that... and frankly, this is... may be I shouldn't say this on the record, but I'm going to say it anyway. Bob Quinlivan, in my opinion happens to be a very, very stubborn and a very difficult guy. I think if you will look back over the last five or ten years you will find more problems with Bob Quinlivan than with any other appraisal on any other matter and you know, that's... Well, that's a personal opinion of mind. I'm not expressing anybody but my personal opinion. And that's got to tell you something, you know. Now, there are a hundred M.A.I's in this town and they are all registered to do appraisals. Mr. Plummer: Mr. Mayor, I fully concur with my colleague's statement, but I don't think that, that is actually reaching the problem. Now, let me tell you and without speaking biasly as to my involvement in .a -•me of the other things. I think the problem is in the number 2, that we are .:sing two appraisals. What I would like to suggest, Dick, is that we go to three. Alright? From the beginning. Now, let me tell you why I say that. Mayor Ferre: Well, there goes Carollo's point about spending another five thousand dollars. Mr. Plummer: Ok, but if it's going to be reimbursable by the successful award, let me tell you what I feel would be only right. If we have three appraisals and two of them come back negatively that within itself immediately prompts a rebidding. Mr. Fosmoen: But, Commissioner, this is the last case when we will be looking at a lease after the fact. We are nowing going out before hand and getting appraisals on a fair return and that becomes the basis for bidding. That becomes the minimum. So after this contract is finally settled one way or the other, we will not need three appraisals because we are doing it before the fact and not after the fact. Mr. Plummer: I'm saying from the one word "go" that you have three appraisals... oh, I see. I see, what you are saying. No, I'm wrong. Mr. Fosmoen: I might suggest that... Mr. Plummer: You see, you know what you are doing? You are giving the impression that you are going to continually go to get an appraisal that's going to be what you want it to be. Mr. Fosmoen: No, we are getting an appraiser to resolve the issue. Whether it's yes or no. Mr. Plummer: Well, then may be that is the answer, that if in fact it comes to a deadlock... Mr. Foamoen: Then we get the third appraiser. Mr. Plummer: ... the third one would be if it is a negative opinion that automatically prompts a rebidding procedure. Mr. Fosmoen: I can tell you now that if we receive a negative appraisal on the contract with Trainor, I will'come back to you and recommend that we go to renegotiate it. 1 ACT J019 _, Mr. Plummer: Well, ok, I... Mr. Carollo: Well, I would like to make a motion that at this point and time, that any future appraisals that are done and property that's going to be leased out that it's paid by who ever ends up getting that lease. Mayor Ferre: Joe, I will recognize you i'or that as soon as we cross this one because there is a motion on the floor. Unless you want to do that first. You want to do that one first? Mr. Carollo: Whatever is more convenient, it's doesn't matter. Mayor Ferre: It doesn't matter to me. So whatever you want to do first is alright. Mr. Plummer: Alright, question on f:.fteon. Was Slack, Slack and Roe the next appraiser in line? Mr. Fosmoen: Yes, sir. Mr. Plummer: We are not violating atl that's holy by not asking for more solicitation of appraisers? Mr. Fosmoen: No. Mr. Plummer: I will move fifteen. Mr. Carollo: Second. Mayor Ferre: Alright, there is a motion and a second on fifteen, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-758 A RESOLUTION AWARDING A CONTRACT TO M.A.I. APPRAISER SLACK, SLACK & ROE, INC., FOR PROFESSIONAL SERVICES, IN THE AMOUNT OF $5,000, USING FUNDS ALLO- CATED FROM THE MARINA IMPROVEMENT FUND, TO CONDUCT AN APPRAISAL IN CONJUNCTION WITH THE PROPOSED LEASE AGREEMENT WITH BAYSHORE PROPERTIES, INC. FOR CITY WATERFRONT PROPERTY KNOW AS THE "COCONUT GROVE MARINA (KELLY PROPERTY)". (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: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES% None. ABSENT: Rev. Gibson. Mayor Ferre: Now, Mr. Carollo, go ahead. Mr. Carollo: Now, I will make the motion that any future appraisals on property that is going to be leased out by the City,: -that the full expenses that be bore by whoever acquires the lease. Whether it's two or three appraisals. Mayor Ferre: Ok, is there a second.' Mr. Plummer: Just say the cost of appraisals. Mayor Ferret Yes. Is there a second? Ir. Plummeri Yes. ■ ttoo 01Q80 l� r Mayor Ferre: Alright, further discussion, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 80-759 A MOTION OF INTENT OF THE CITY COMMISSION THAT ANY AND ALL COSTS INCURRED BY THE CITY IN CONNECTION WITH ANY FUTURE APPRAISALS OF PUBLIC PROPERTY, WHICH PROPERTY IS TO BE LEASED OUT BY THE CITY DURING THE BIDDING PROCESS, BE BORNE IN THEIR TOTALITY BY THE SUCCESSFUL BIDDER ON THE THE LEASE. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None ABSENT: Rev. Gibson. FURTHER DISCUSSION: Mr. Plummer: Alright, now on the same parcel of land, Mr. Fosmoen, I... Father asked a question yesterday. Has anybody been over to look at that property? You know, we acquired the Coast Guard Property for open recreational use. I see now by some stroke of genius it has become the parking lot for Mr Trainor. I don't know how that came about. He is able to put a sign out when we could get a sign out for our own City Boxing Program. We had to fight the Administration not you, but immediately he got his sign out. Let me say to you that on three different occasions, that lot was absolutely jammed full. Even to the extent of people who had boat trailers could not get out. There has got to be some arrangement made, Lo t at least twenty, thirty percent of that lot is restricted for the use of the boating public, because as it stands today, the boating public on Friday, Saturday and Sunday do not have access to that lot and that's wrong. Mr. Fosmoen: A couple of problems. The first one is that, that lot is used by the Navy Reserve across from Bayshore when they have a reserve weekend. Mr. Plummer: I have no problem. Mr. Fosmoen: But that is one of the reasons why it is full on selected weekends during the month. The Navy Reserve comes in and takes up ever space available. Mr. Trainor has expressed the same concern to me, because he paid for the improvement to that lot. Mr. Plummer: Well, what I'm... Mr. Fosmoen: Now, the other problem is that we are getting an overflow from some of the apartment buildings up on Bayshore and up Aviation who don't have adequate parking of their own. So we... I'm going to take a look... I will take a look at how we can control the parking that's using the lot. Mr. Plummer: Well, I do feel there should be definitely a dedicated area for cars and trailers, so that we at any time can standup and say "yes" it is being used for what it was given. Mr. Fosmoen: Alright. Mr.Plummer: Because that's not the case now. Mr. Carollo: But J. L., and in all fairness to Mr. Trainor, talking about that sign advertising the restaurant. I think that the people across the street, the hotel in particularly, that it comes to mind right now could have a huge sign in their sidewalk there or in their part of the land across from the sidewalk against their zoning ordinance, that Mr. Trainor should have the same right to have his sign out there. I won't mention the name of the hotel now, but I would ertainly hope... . Plummer: Seeing as how there is only one, don't worry about. '34 C0T 01980 Mr. Carollo: Yes. I would certainly hope that our City Manager goes by there and has that taken care of with our zoning Department. And it's not the big one, it's the small one. The other thing I would like to request from you Mr. Fosmoen is, if you could possibly send the Commission a memorandum, at least myself, I would be interested in having that, how much money the City has spent in appraisals, such as the ones w(• are talking about here now, during this year and last year. Mr. Fosmoen: Since the initiation of t).e Charter Amendment. Fine. Mr. Carollo: Thank you. Mayor Ferre: Alright, are we concluded now on statements on that? 16. RESCINDING RESOLUTION 79-754, AUTHORIZING CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION TWO PiRCELS OF LAND LOCATED AT 2200 N.W. 7TH AVENUE FOR A SUM OF $440,t00 Mayor Ferret We are on 16. Any problers with Item 16? Mr. Fosmoen: Mr. Mayor, some time ago the Commission approved the acquisition of the Seaboard Property. Mr. Plummer: Move it. Mayor Ferre: Is th�.:a a second? Mr. Carollo: What will that land exactly be used for. Mr. Fosmoen? Mr. Fosmoen: Commissioner, there is no proposed reuse for that property at this time. It is adjacent to the Baseball Stadium. There is a building on there that is going to have to be demolished. It �s substandard. Thcire has been some discussion about trying to use the lond-,ng areas for a farmer's market in the short, but it is.really an acquisition for future use relating the the Miami Baseball Stadium. Mayor Ferre: This is something that har, been going on I would imagine, for four or five years and may be before. i.nd what it is, is a consolidation of land around the Miami Stadium and these are pieces that square off and greatly enhance the value of our property no matter what's done with the stadium in the future. Now, that is whether it is improved. Whether it is expanded or whether it is closed and demolished and used foi residential or other uses. The squaring off of that property greatly enhances tie value of what we have. And this is something that I think we have been dea Lng with for many years now. The Seaboard previously did not want to sell the proierty and when they decided about two or three years ago to put it on the market, they came to us and I guess this is typical of the City of Miami, the result three or four years later. It takes us a long time to get things done. Mr. Plummer: Mr. Mayor, the only thing I would hope, ok, and the same thing that I understand is going to be done wjth the old illustrious Tent City. Mr. Fosmoen, I would hope that once this building is demolished,'which I would assume then it will be a flat piece of land, that we, the City, could on a temporary basis put in there asphalt and put up a couple of basketball courts and may be even some tennis courts. So that the people of that area, because if you stop and think, there is nothing else until you get to Moore Park. And that area cries out for the need for some recreational area, which I believe could be done pretty cheaply until this City decides what it's going to do with that parcel of property. -ayor Ferre: Just so long as we don't go hog wild. ■ Plummer: No, I'm saying just baskeItball courts and a tennis net. '35 Mr. Carollo: Yes, that's great J. L. Can we include a couple of crime lights there so when the people that are playing get mugged, they can see the face of their attackers? Mr. Plummer: Well, I think that's very appropriate, but I would hope by playing tennis they would have something else to do. Mayor Ferre: You mean on their way to and from the mugging? Mr. Plummer: No, they would chase basketballs instead of people. Mayor Ferre: Ok, we are on Item 16, is there a... did somebody move this? Mr. Plummer: I did. Mayor Ferre: It's been moved and seconded, further discussion? Mr. Garollo: Just one question of the City Manager. Are we guaranteed that the land is worth that price? Mr. Fosmoen: Yes, sir. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-760 A RESOLUTION RESCINDING RESOLUTION NO. 79-754 ADOPTED ON NOVEMBER 8, 1979, AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION TWO PARCELS OF LAND LOCATED AT 2200 NORTHWEST SEVENTH AVENUE, MIAMI, FLORIDA, VIA AN INSTALLMENT PURCASE CONTRACT; FURTHER AUTHORIZING THE CITY MANAGER TO PURCHASE SAID PROPERTY FOR A SUM OF FOUR HUNDRED AND FORTY THOUSAND ($440,000) DOLLARS WITH FUNDS THEREFOR FROM THE UNALLOCATED FY 80-81 CAPITAL IMPROVEMENT 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: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. 17. AMENDING SECTION 1 OF RESOLUTION NO. 80-407 WHICH AUTHORIZES CITY MANAGER TO DEMOLISH UNSAFE STRUCTURES RESULTING FROM THE MAY 17-19, 1980 CIVIL DISTURBANCES; ALLOCATING $247,000 OF STH YEAR COMMUNITY DEVELOPMENT FUNDS. Mayor Ferre: 18? M4r. Plummer: Move it. Mr. Carollo: Second. Mayor Ferre: Moved by Plummer, seconded by Carollo, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.,80-761 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 80-407, ADOPTED JUNE16, 19800, ENTITLED: kifi CC 23 0 1goof "A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEMOLISH UNSAFE STRUCTURES AS A RESULT OF THE MAY 17-19, 1980, CIVIL DISTURBANCES WITHOUT ASSESSING THE PROPERTY OWNERS THE DEMOLITION AND CLEARANCE COSTS, SAID DEMOLITION BEING AUTHORIZED BY THE OWNERS OF SAID STRUCTURES AND ALL PARTIES INTERESTED THEREIN: FURTHER REQUESTING THE CITY MANAGER TO SOLICIT OFFERS FROM MINORITY CONTRACTORS WHERE NECESSARY OR PROPER TO PERFORM SAID DEMOLITION: ALLOCATING $247,000 OF 5TH YEAR COMMUNITY DEVELOPMENT CONTINGENCY FUNDS FOR THE DEMOLITION PROGRAM." BY AMENDING THI: TITLE AND ADDING AN ADDITIONAL PARAGRAPH TO SAID SECTION 1. AUTHORIZING THE CITY MANAGER TO ALSO DEMOLISH UNSAFE STRUCTURES MADE SO AS A RESULT OF TILE JULY 18-20, 1980, CIVIL UNREST, WITHOUT ASSESSING THE PROPERTY OWNERS FOR THE DEMOLITION AND CLEARANCE BE ALSO AUTHORIZED BY SAID k)WNERS AND INTERESTED PARTIES THEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissione" Carollo, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. Mayor Ferre: Take up Item 19. Any problem with that? Mr. Carollo: Yes, I would just lik4 t( know why we are waiving the bid process? Mayor Ferre: The what? Mr. Carollo: Why we are waiving the requirements for formal sealed bids. Mr. Plummer: Well, Joe, you can ask that question, I have no problem. But I want to tell you something. I am not toady to move on 19 until "K". Mayor Ferre: Ok, let's come back to it then. X just want to get things that are ,non controversial. Mr. Plummer: That's not going to be until next week. So I'm going to move for that to be deferred. Mayor Ferre: Alright, you want to do )t right now? Mr. Carollo: Second. Mayor Ferre: There is a motion for deferral. Does that create... Howard does that create any kind of an emergency of any kind? Any problems with the deferral of 19? Mr. Plummer: Well, Mr. Mayor, one of the things that... the reason I'm going to defer it, is it was the very firm in "K" who recommended these problem-S that we are into today. Mayor Ferre: Ok, let's let him answer the question. N .r. Foment Con we clarify that? � 37 0 C 0 ,1080 Mayor Ferre: Just for the record. The question is really very simple. Is there any great constraint, emergencies or problem arising from the deferral of Item 19 until the next meeting? Mr. Fosmoen: No. Mayor Ferre: Is the answer "No"? Mr. Fosmoen: The answer is "no". Mayor Ferre: Alright, the motion has been made and seconded, further discussion, call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 19 was introduced by Commissioner Plummer, and'seconded by Commissioner Carollo, and was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. s� 118. ACCEPT BID: AIMING CRAFT, INC..- REHABILITATION OF MULTI -FAMILY BUILDING .ui�ru.:ia1 Mayor Farre: Take up Item 20. Is there any problem on that? This is the block grant funds accepting the bid and authorizing the Manager enter into a contract, multi-i,=ily building. Mr, Plummer: This is coming, Dena, from where? Mr. Fosmoen: C.D. funding. It's coming from C.D. funding. If the Commision recalls that we purchased a piece of property to do a demonstration rehabilitation in the northern part of Overtown. Mr. Plummer: Ok. Move it. Mayor Ferre: This has been moved, is there a second? Mr. Carollo; Second. Mayor Ferre: There is a second from Carollo, further discussion, call the roll. The following; resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-762 A RESOLUTION ACCEPTING THE BID OF AWNING CRAFT, INC. IN THE AMOUNT OF $9,500 TOTAL BID OF THE PROPOSAL, FOR RE- HABILITATION OF MULTI -FAMILY BUILDING -240 NW 11TH STREET SUPPLY AND INSTALLATION OF AWNINGS; ALLOCATING THE AMOUNT OF $9,500 FROM THE "FOURTH, FIFTH AND SIXTH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $285.00 TO COVER THE COST OF ADVERTISING, POSTAGE, AND PRINTING; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A SAID FIRM. (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 dopted by the following vote: "ES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. ".S: None. T 0 280 ENT: Rev. Gibson. 1�',�Q 0L f �� G 1� u 7 71 JJi'idl:. t 19. ACCEPT BID: M. CARTER BUILDING CONTRACTORS, INC. - REHABILITATION OF MULTI -FAMILY BI; `.LDING 0 Mayor Ferret Take up 21. Mr. Fosmoen: The same of 21. It's the dame building. Mayor Ferret. Is there a motion? Mr. Carollo: Move. Mayor Ferre: Moved by Commissioner Carc,llo, is there a second? Mr. Plummer: Well, I will second it, btt what you are talking, it's the same... I'm losing something. Is this two separate contracts or is it the same contract? Mr. Fosmoen: One is for awnings. One is for the total rehabilitation. Dena, go ahead. Ms. Spillman: The first... the separat( bid was received for the awnings only, Commissioner. Mr. Plummer: Alright. Mr. Carollo: Yes, the first is ninL' thousand five hundred only. Mr. Plummer: Alright, and the second oile is for the total'? Ms. Spillman: Total everything. Mayor Ferret For two thousand two hundred seventy-three thousand... Mr. Plummer: Why is it being handled.. the awning separately, not under the total umbrella? Mayor Ferret It's a different bid. Ms. Spillman: It had to come from a different... Mr. Carollo: May be we are getting bill.ed for the awning a second time. You know, how it goes here. Mayor Ferret One is an awning corporation and obviously, was a bid for an awning. The other is for construction. Now, obviously, they are separate bids. Now, is there further questions? Is there... do we have a second on this? Mr. Plummer: Yes, I second. Mayor Ferret Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 80-763 A RESOLUTION ACCEPTING THE BID OF M. CARTER BUILDING CONTRACTORS, INC. IN THI PROPOSED AMOUNT OF $273,790 TOTAL BID OF THE PROPOS/L, FOR REHABILITATION OF MULTI- FAMILY BUILDING; AI.LO,CAI ING THE AMOUNT OF $273, 790 FROM THE "FOURTH, FIFTH AND SIXTH YEAR FEDERAL COMMUNITY BLOCK GRANT FUNDS" TO COVER THE CONTRACT COST: ALLOCATING FROM SAID FUNDS TH* AMOUNT OF $5,476 TO COVER THE COST OF SUCH ITEMS AS AI)VERTISING AND, POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on ,r�� file in the Office of the City Clerk). 0V'T �: Ci::GJ i39 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by rile following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Terre. NOES: None. ABSENT: Rev, Gibson. ' 20. ACCEPT BID: HOLLYWOOD CHRYSLER PLY1,110UTd -- 2 FIFTEEN PASSENGER VANS Y; AND 2 WHEELCHAIR ACCESSIBLE BUSES ^,�!`.'?'HM"M.11?{Rep-t•�ca a. ,.,.n+.yr,-lt•t Jt...,.-s r.c. r;.ar •?r+•r•rr. ,.. .. - 't^.ri"'..-nr ter . Mayor Ferre: Now, the next Item is Item 23, 2 fifteen passenger vane and 2 wheelchair accessible buses. The low bidder was Hollywood Chrysler Plymouth, sixty-seven thousand one hundred fifty fifty-six. Is there a motion..? Mr. Carollo: What will the two passenger vans be: used for iir. Mana—u r? Vir. Odio: They are for moving t'i-tu haYidicapp��d, 1.0 our aa6isr -e. Mr. Carollo: WC11, thel"e is tWO :ilcit ZlVe `rcll(.L+oital'Y' 1CC4;i8iJ:.( buses, t1 e oth4:r two are also for moviug the h(:ndizapped7 Mr. Odio: Yes, sir, this is for the handicapped p'cobtam. Nr. Carollo: moving them... Mr. Odio: From the dirferc:nt loc,:':ions where: they are taker, to for activitie(,. Either recreational or educations.... Mr. Plummer: Alright, question? :Ir. Carollo: What programs will they be going into? 12r. Odio: w-all, I don?is avu 'L'h :.;peC."AfiCS of liklaL` SpeCifically, handica?po.d programs . Mr. oomoen: A variety of progra::is. Mr. Odio: Priority,'heads'cart program, the work program. Mr. Pluniner: Excuse me. Are you finishod Mr. Carollo? Mr. Carollo: Just, as long as they- are not used for transporting people to the ;polls, I have: no problem with it. :'!'ayor Ferre; It's never been done that I'm arare of by any City equipment, that's ever been proven by anybody. Or even accunad. I have never heard of that accusation. Mr. Carollo: Well., we want to mak. sure then, if it's never been done, that it never will be done. Mayor Varre: Further discussion? Mr. Plummer: 'Yes, under discussion, Mr. 7`osrloe3n, J: hava a concern Cibout liability, especially as it relates to %Vhecichaxr acceosory buses 10e:'Ln1; operated by the City. What is our liability? Mr. Fo;imoen: Well, lI would have • to able zhe City Attorney, 5Pecifically, what our iability is. Mr. Plummer: I'm concerned about that. You hre then, almost into thu ambulance business. You are fringing on it. Fosmoen: No, these are transporting; people froln their home to a program at the City operates. J C T L C i�30 .�i Y f Mr. Plummer: I understand, sir, ok. Mr. Fosmoen: We are not taking them to the hospital. Mr. Plummer: But you are still transporting other than by vehicle. Mr. Odio: You mean, in case of an accident. Mr. Plummer: Yes, that's exactly what ].'m saying. If that bus gets broadsided or something, what is our liability and are we adequately provided for in liability. You know, we are now self -insured. And do we get these people to sign a disclaimer or a waiver. You know, people... and I'm not trying to point fingers at any program, but you know, I have been telling you around here one of the things if we don't get, we are going to be broke and that's no fault sidewalks. You know, stop and figure what we pay out in the run of a year for a little pebble in the sidewalk. What is our liability in this area and I'm concerned about it. When you start transporting the ill... Mr. Mayor, I will be happy to go ahead and have the vote this morning, if you want, but I think that the City Attorney better address and not just to this. I think you better look into all City programs as far as transportation. What is our liability? I will be happy to go ahead with the voi.e if you want this morning. Mayor Ferre: Ok, there is a motion by Plummer,... who seconds? Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa, further discussion on 23? Mr. Carollo: Just one more question since we are spending sixty-seven thousand Plus dollars for two vans and two buses that we don't know what program they are going to be used in, even though we know what they are going to be used for, I would just like to have a list of the programs they will be used in. Mr. Fosmoen: Fine. I will be happy to provide you that. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-764 A RESOLUTION ACCEPTING; 111E BIDS OF HOLLYWOOD CHRYSLER PLYMOUTH FOR FURNISHING 2 FIFTIsEN PASSENGER VANS AT A COST OF $20,761.48 AND HAUSMAN BUS SALES FOI; FURNISHING 2 WHEELCHAIR ACCESSIBLE BUSES AT A COST OF $146,31t9.08 TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE: AT A TOTAL COST OF $67,150.56; ALLO- CATING FUNDS FROM THE TR1,ST AND AGENCY FUND - OPENING DOORS TO LEISURE PROJECT: AUTHORIZING THE CITY MANAGER AND THE PUR- CHASING AGENT TO ISSUE T1(E PURCHASE ORDERS 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 Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. 21. AUTHORIZING INCREASE IN CONTRACT IN THE AMOUNT OF $32,670 BE'1WEEN THE CITY OF MIAMI AND JOE REIN RTSON EQUIPMENT COMPANY FOR CONSTRUCTION OF ADDITIONAL DRAINAGE AND PARKING LOT IMPROVEMENTS AT THE M.M.P.D. PARKING LOT. ayor Ferre: Take up 24. Carollo: Move. Mayor Ferre: Moved by Carollo, is there a second? Mr. Plummer: Second, Mayor Ferre: Seconded by Plummer, furti._�r discussion, call the roll. The following resolution was introC'iced by Commissioner Carollo, Vila moved its adoption: RESOLUTIOV NO. 50-765 A RESOLUTION AU:1'i1ORIZING %NCREASE IN THE CONTRACT IN ','HE AMt= T OF $32,670 BETWEEN '.PHE CITY OF XIAN' AND JOE REINERTSON EQUIP:,LL"NT CO?u VNY FOR 'TKE CONSTRUCTION OF .1DDITION, L, DIL%1NAGE AND PARKING LOT IM12ROV ,i• :iTS AT TKE M.M.P.D. PARY INC LOT, SA'0 FUNDS TO BE PROVIDED ENTI:LELY B',, HE 1970 POLICE HEADQUARTERS AND CRIKE P. EVENT ION FACILITIES G.O. BOND (Here follows body of rt,,olution, omitted here and on file in the OffLce of tie City Clerk). Upon being; seconded by Cor;.uissiooe, Plummer, the resolution, was passed and adopted by the following vote: AYES: Mr, Plummer, Mr.. Carollo, Vice-N..yor Laeasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. �► .,. , 22. ACCEPT BID: BEN HURWITZ, INC. BUILDINGS Mayor Ferre: Take up 25. Mr. Plummer: With pleasure. Mr. Carollo: Move. Mayor Ferre: It's been moved and seconded, further discussion, call the roll, Mr. Plummer: That's all of the buildir.gs correct? Mr. Fosmoen: Yes, Mayor Ferre: No. Mr. Fosmoen: I'm sorry, there is ono small one. It does not include the gas pumping facility. Mr. Plummer: You are going to leave... Mr. Fosmoen: or this one. Mr. Plummer: Well, this one should be #1. Why not the gas pumping facility? Mr. Grimm: Commissioner, the •reason wL: elected to leave the gas pumping facility there is two fold. One is that the nu:.ber of people that drives City vehicles -.hat are serviced by that. And secondly, the very valuable storage that, that rovides to us in the event of a ga:,�sl ortaf,e. Mr. Plummer: That'a a blight. What about the Fire Chiefs Building? Mr. Grimm: The Fire Building is one. Mr. Plummer: Can't that thing be relocated? Mr. Grimm: We are goin to hide it with landscape and not make it an eye sore. Mr. Fosmeon: We will clean it up Commissioner. Mr. Plummer: Ok. Mayor Ferre: Further discussion, call the ro1L. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 80-766 A RESOLUTION ACCEPTING TI{E BID )F BEN HURWITZ, INC. IN THE PROPOSED AMOUNT OF $47,007, BID 1 'THROUGH 6 OF THE PROPOSAL, FOR DINNER KEY - DEMOL,ITION OF BUILDINGS; WITH MONIES THEREFOR ALLOCATED FROM THE "FEDERAL REVENUE SHARING" IN THE AMOUNT OF $47,007 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AI40UNT OF $5,170 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $940 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, 'TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,949 'TO COVER THE INDIRECT COST; AND AUTHORIZING THE: CITY MANAGER TO i.Y.ECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plucmner, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. 23. AUTHORIZING CITY MANAGER TO PAY THE AMOUNT OF $29,961.55 TO THE FIRM OF BROWN, WOOD, IVEY, MITCHEIL & PETTY IN CONJUNCTION WITH CITY'S SUCCESSFUL SALE OF BONDS FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ON AUGUST 7, 1980 Mayor Ferre: Take up Item 26. Mr. Plummer: Well, this is after the fact. I move. Mayor Ferre: Plummer moves, is there a second? Mr. Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-767 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY THE FIRM OF BROWN, WOOD, IVEY, MITCHELL & PETTY THE SUM OF $29,961.55 AS FINAL PAYMENT FOR THR FIRM'S LEGAL SERVICES INVOLVING TAX CONSIDERATIONS IN CONJUNCTION 14ITH THE CITY'S 3 e t, r'. SUCCESSFUL SALE OF BONDS FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI jAIIIES L. KNIGHT INTERNATIONAL CENTER ON AUGUST 7, 1980 WITH FUNDS FOR SAID PAYMENT BEING AVAILABLE FROM THE BOND ISSUE PROCEEDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Coiranissicaer Carollo, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer. Mr. Carollo, Vicc-Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. OI' k,Aoli ASSISTAI i:N Tay :D ANNUAh OKTOBERFEST Mayor Ferre: Take up 26A. Plummer- loves. Mr. Plummer: Move it, surely. Mayor Ferre: Who seconds? Mr. Carollo: Mr. ,Mayor, before I second it, I would just like to bring; up the fact that it's another five thousand dollars that we are going to spend helping out another ^ause even thoug"ri it is a rood cause and T. think it would help that area tremendously, but I just wish that the City ;Manager could provide me with the 1979 and 1980 as far as we have gotten this year with all the money that we have handed out for all the different activities that are coming; before this Commission. I think that wc! aru going; to find out that it's going to be quite a few hundred thousand dollars and I would just like to, after we have this in hand and we study it, try to reach some policy in this Commission that what is more important to us punting money into projects like chin which many of them are very good projects or may be using that money for some of the essential service that we need. 'Liko some additional cops in the streets which we have some very, very few of them out as... I second it. Mr. Plummer: Under discussion, Mr. Mayor, the T.D.C. of which you appointed me to is, Mr. Fosmoen, if I'm not mistaken are spending some twenty or twenty-five thousand dollars of T.D.C. money for the Oktoberfest in North Miami or North Miami Beach. Here again, have these groups been made aware that there are funds available for this and if not,I would hope that you would suggest that they make application to that authority where the monies are already allocated for. This is a natural thing for tourist development and as such, 1' don't feel the City should be spending that money for that. We have done it. We want to foster It: and keep it alive until they can convince the T.D.C. that, that's the proper Place for funding. Mayor Ferre: Further discussion, call the roll. The following; resolution was introduced by Conunissioner Plumme, who moved its adoption: RESOLUTION NO. 80-768 A RESOLUTION IN CONNECTION WITH THE 3RD ANNUAL OKTOBERFEST, ON NOVE'NaVEP 1 AND 2, 1980, PROVIDIN1G A MAXIMUM AMOUNT Ol C,%SH ASSISTMN'CE IN THE A' oun OF $5, 000 TO TIME LITTI E :',1VER CO'K,[ERCE ASSOCIATIOti, INC. SAID FUNDS TO Br. ALi.00ATED FROM SPECIAL PROGRAMS AND ACCOUNTS; QCALITY OF LIFE PROGRAM - COMMUNITY FESTIVALS; SUBJECT TO SAID GROUP'S SL'BSTt1NTIAL COKPLIANICE WITH ALL OF THE PROVISIONS AND CONDITIONS CONTAINED IN TIME CITY OF MIAMI COMMISSION POLICY 100-4; WHICH REQUIRES THAT THE SAID ASSOCIATION SUBMIT TO THE CITY MANAGER, WITHIN 60 DAYS FROM THE DATE OF SUCH FESTIVAL, A DETAILED ACCOUNTING OF GROSS RECEIPTS RECEIVED BY IT BY WAY OF FEES AND FUNDS RAISED IN CONNECTION WITH THE AFORESAID FESTIVAL, TOGETHER WITH A DETAILED ACCOUNTING OF FUNDS DISBURSED, INCLUDING THE MANNER IN WHICH NET PROFITS ARE TO BE DISBURSED, TOGETHER WITH A STATEMENT OF THE SUMS DISBURSED. (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: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. 25. RESCHEDULING REGULAR CITY COtCiTSSION MiETING OF NOVEMBER 13, 1980 TO TAKE PLACE ON NOVEMBER 6, 1980(PLANNING AND 'ZONING AT 7:00), NOVEMBER 27, 1980 TO TAKE PLACE, ON NOVEMBER 26, 1980 AT 9:00 A.M. RESCHEDULING REGULAR CITY COMMISSION MEETINGS OF DECEMBER 11AND 25 Mr. Plummer: I will move 29. Mayor Ferre: Alright, there is a motion on 29, is there a second? Mr. Carollo: Seco.,A. Mayor Ferre: Seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-769 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 13, 1980 TO TAKE PLACE ON NOVEMBER 6, 1980 AT 9:00 A.M. WITH THE CONSIDERATION OF PLANNING AND ZONING ITEMS COMMENCING AT 7:00 P.M.; FURTHER RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 27, 1980 TO TAKE PLACE ON NOVEMBER 26, 1980 AT 9:00 A.M.; FURTHER RESCHEDULING THE REGULAR CITY COMMISSION MEETINGS OF DECEMBER 11 and 25, 1980 TO TAKE PLACE ON DECEMBER 17, 1980 AT 9:00 A.M. AND 7:00 P.M.;, RESPECTIVELY; WITH CONSIDERATION OF PLANNING AND ZONING ITEMS COMMENCING AT 7:00 P.M. (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: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. gl ,45 t' r,. {rp►yY d 5 �r�`,17�i'.rf.i aSC.u1J.i°Ui/`'%a1.i"Y`.L�:2uL'A+iar.''I:St:: `vA�xlal.laY1JY�"Y!i '.�k�� .�-h^•I 26. RESOLUTION ALLOCATING S95, 00,) FROM 617K `.'EAR Co,,Di-UNITY DEV71LOPXi1NT BLOCK GRANT FUNDS TO NEW WASCIINGTON HEIGHTS CO,LMUNI7A" DEVELOPMIiNT CONFERENCE, INC. Mayor Ferre: Take up Item 30. Mr. Plummer: Is the provision in herQ about the copy being made available to the Administration and a final draft being giver, to the Administration? Is that incorporated now. Mr. Fosmoen: Yes. Mr. Plummer: I move 30. Mayor Ferre: Alright, is there a s.:cond on Item 307 IS t11CYe a second on Item 30? Mr. Lacasa: Yes. Mayor Ferre: Seconded by Lacasa, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-770 A RESOLUTION ALLOCATING $25,000 FROM 67H YEAR COMMUNITY DEVELOP*RENT BLOCK GitANT FUNDS PREVIOUS- LY APPROPRIATED BY ORDINANCE NO. 9102, ADOPTED MAY 22, 1980, TO NE-W . ASHINGTON IiEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC., HEREINAFTER REFERRED TO AS (N.W.H.C.D.C.), O PERNMIT THE AGENCY TO OPERATE IINTIL Di CEMBFR 31, 1980; FUNDING TO B : SUBJECT TO THE AGENCY Mi: KING AVAILABLE FOR CITY ADMINISTRATIVE STAFF REVIEW, A DRAFT PROPOSAL FOR A HOTEL FEASIBILITY STUDY; AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREYMENT WITH SAID AGENCY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vicc:-,ta.yor Lacasa and Mayor Ferre. NOES: None, ABSENT: Rev. Gibson. 27. CONSENT AGENDA. *NOTE: ITEMS 31 AND 32 WAS WITHDRAWN Mayor Ferre: Before the vote on adopting items included in the Consent Agenda is tal.en, is there anyone present. w'r.o is an objector or proponent that wishes to speak to any item in the Consent Agcanda? Hearing none, then is there a motion? The following resolutions w,re in roducud by Commissioner Plummer, seconded by Commissioner Lacasa and passed ar.i ::dbpted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commi.ssionur Joe Carollo Vice-M1yor Armando Lacasa Mayor ;Maurice A. Ferre _ 81 C t NOES: None. ABSENT: Rev. Gibson. 27.1 ACCEPT COMPLETED WORK: FRISA CORPORATION - WEST END STORM SEWER PROJECT. RESOLUTION 80-771 A RESOLUTION ACCEPTING THE COMPLETE WORK OF FRISA CORPORATION AT A TOTAL COST OF $677,977.13 FOR WEST END STORM SEWER PROJECT; AND AUTHORIZING A FINAL PAYMENT OF $3,389.89. 27.2 RESOLUTION RATIFYING, APPROVING, AND CONFIRMING 'THE CITY MANAGER'S EXECUTION OF THE AGREEMENT WIT11 THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM AND SENIOR AIDES PROGRAM OF DADE COUNTY FOR THE COORDINATION OF SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM. RESOLUTION 80-772 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF IHE ATTACHED AGREEMENT WITH THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM AND SENIOR AIDES PROGRAM OF DADE COUNTY FOR THE Co - ORDINATION OF SERVICES 1N CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM TO BE CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT, WITH FUNDS THEREFOR ALLOCATED FROM THE FIRE DEPARTMENT'S GENERAL. BUDGET AND THE FIRE FIGHTERS BOND FUND, NOT TO EXCEED $53,344. 28. RESOLUTION PROVIDING FOR VALIDATING THE ISSUANCE OF $45,000,000 SANITARY SEWER SYSTEM BONDS Mr. Plummer: I move Item 31. Mayor Ferre: There is a motion on Item 31, is there a second? Mr. Carollo: Second. Mayor Ferre: It's been moved and seconded. Moved by.Plummer, seconded by Carollo, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-773 A RESOLUTION PROVIDING FOR THE ISSUANCE OF $45,000,000 SANITARY SEWER SYSTEM BOND 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 Carollo, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson.; gl .4'7 � OCT0'r'��' V IJ��i r 29. RESOLUTION PROVIDING FOR VALIDATING THE ISSUANCE OF $30,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS Mayor Ferre: Take up Item 32. Mr. Plummer: Move Item 32: Mayor Ferre: Plummer moves 32, Lacasa seconds 32, further discussion, call the roll. The following resolution was int-oduced by Commissioner Plummer, who moved its adoption: RhSOLU'=ION NO. 80-774 A RESOLUT1014 PROVIDING FOR idE ISSUANCE OF $30,000,000 STREET AND HIGH11AY IMPROVEMENT BONDS OF TdE CITY OC MIAMI, FLORIDA (Here follows body of resolution, omitted 'here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. FURTHER DISCUSSION: Mr. Plummer: Excuse me. Mr. Mayor, on Items 31 and 32, 1 think it behooves the Administration, since we soid these bond issues to the public based upon this with one hundred percent complete severing of this City that a time table be established for the public use that will indicate when these areas that are left without sewers at this time will be done. Mr. Fosmoen: Ok. Mr. Plununer: I think that, that really cries out to be done. 30. FIRST AND SECOND READING ORDINANCE: AMENDING SECTION 1 OF ORDINANCE NO. 9019, TO INCREASE FUNDS IN THE AMOUNT OF $175,000 FROM A LOAN FROM THE CAPITAL IMPROVEiII NT F17ND FOR PARKING STRUCTURES IN TIME DOVrNTk NTN COVERNIKENT CENTER. Mayor Ferre: Is there a motion on Item #8? Mr. Plummer: I move it. Mayor Ferre: Plummer moves, is therm a second? Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds, further discussion, read the ordinance. Call the roll. gl 46 0CT'30 1j � AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION I. OF ORDINANCE NO, 9019, ADOPTED NOVEMBER 8, 1979, THE :APITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR TIE 1979-80 FISCAL YEAR, AS AMENDED, BY AMENDING PAIL4GR OH XII. (PARKING CAPITAL PROJECTS FUND) ITEM B. 1. TO TOTAL THE FUNDING IN THE AMOUNT OF $175,000 IRON A LOAN FROM THE CAPITAL IMPROVEMENT FUND FOR PARKING STRUCTURES IN THE DOWNTOWN GOVERNMENT CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CAUSE; AND DISPENSING WITH THE REQUIREMENT OF READINI SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAV FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner I'luniner and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragrap: (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayer Armando Lacasa Mayor Muuri,2e A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Mnuri:e A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINAL:CE 40. 9191. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. Mayor Ferre: Alright, now anybody have any problems with Item #97 Mr. Plummer: I want to question. Wliat other companies were considered? Was this a proposal? Mr. Fosmoen: No, there were a serien of companies considered. Mr. Plummer: I don't find anything in the backup Mr. Fosmoen. Mr. Fosmoen: Commissioner, I... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Fosmoen: I will provide you that information of the other companies that were considered, but Mr. Grimm is reminding me that there was a list of companies developed and we are taking them InIrotation, but I want to check that because I think that's related to thc- feasibility studies and not the architectual work on this building. 49 0 C T J 0 i�'ju3 1 0 Mr. Plummer: Well, but Mr. Fosmoen, as I always recall in the past, this Commission has reserved into itself inose... it was proferred three companies and we listed them A,B, and C to senc to you to negotiate first with "A" and if not successful, "B" and on down. Mr. Fosmoen: Commissioner, I will h,.ve to get you the list. Mr. Plummer: I don't find that lati ud�,. hers and I question the reason why. Mr. Fosmoen: I think this was setup as a "B" group. If you recall... Mr. Plummer: Well, who was "A"? Mr. Fosmoen: What I'm saying is tha-_ there „re two systems for selecting consultants. The "A" groups, the Co.T scion sit as a selection Cortvnittee. The "B" group, I appoint a selection Comiiittee. Hr. Plutimer: Well, that's fine. I ~:ave no 1�roblem. But ev(.n when you select a Committee, it's got to be recommern.:led to the Commission for approval. Mr. Fosmoen: Commissioner, I don't have in ;'ront of me the list of the other... Mr. Plummer: I move to defer 9 untl that information is furnish�.,d. Mr. Fosmoen: I will have that for you this afternoon. Mr. Plummer: That's fine. Mayor Ferre: Well, then we don't hive to defer. We will just take it up again later on. ir ���, i ir1'i�1' 1•...'1 �.,rn •F� ;�tr .„�i?rN^ �'{it'r^.x �,. ,�r+ 31. FIRST AND SECOPD'READING OTBDINANC`IS: AMENDING SECTION 53-15i a OF THE CODE WHICH PERTA'..\S TO 'PRXEDURES kND USE CHARGES AT THE �tv " MUNICIPAL AbDITORIU 1 AND COCONUT GROVE E)(HIBITION CENTER Mayor Ferre: Alright, take up Item 11. That's a separate thing, isn't it? Mr. Carollo: Move. Mayor Ferre: Wait a minute. There is a motion, is there a second? Mr. Plummer: I will second it for )urposes of discussion. Mayor Ferre: Ok, go ahead, Mr. PI.,Trimer. Mr. Plummer: Mi . Fosmoen, we all w.re invited over to the new restaurant at Dinner Key Auditorium. The City of 'Miami da:•rives revenue from that restaurant as most contracts based upon gross. Correct? Mr. Fosmoen: That's correct. Mr. Plummer: Now, I innnediately asked when I went there what provisions were made in the contract for the use of private banquet facilities. I am not speaking of the auditorium. The axc:a that I was questioning was the area or the mezzanine in which very nice in my estimation, private parties could be held. I was told by the concUssioriare that the City was demanding that if they use that for a private party, that the City wanted to double dip. That the City wanted to hit them for not only rent, but they also wanted to hit them for thirty-two or thirty... wl,atever tiheir percentage is. Now, if what you are trying to do is to discourage the: use of that facility, congratulations. I personally for one, I can't speab for the other members. I don't even know if they are aware of the problem, tut it would seem logical to me that we would try to encourage small banquets anc private banquets in that facility, because every dollar that is spent we are fatting thirty-two or thirty-three percent of the gross revenue. I don't think you can double dip and expect it to succeed. Now, I would hope that in the rescteduliug of these fees, that however you want to handle it, you do, But I at leEst want it to be considered for this Commission to understand that the way it's prcpQsed under present way, it's disaster gl I �r•r r. �, -3 Mr. Fosmoen: Commissioner, that problem has not been brought to my attention. I will look into it and report back to you. Mr. Plummer: Well, I would hope so. Go ahead on what is proposed here now. Mayor Ferre: Ok, we have a motion on Item 11. It's been seconded. Is there further discussion? Alright, read the ordinance. Alright, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 53-151 OF THE CODE OF THE CITY OF MIAAI, FLORIDA (1980) AS AMENDED, WHICH PERTAINS TO PROCEDURES AND USE CHARGES AT CHE MUNI- CIPAL AUDITORIUM AND COCONUT GROVE EXHIBITION CENTER BY INCREASIN'3 CERTAIN SPECIFIED FEES DETERMINED BY THE TYPE OF EVENT BEING HELD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENC OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MMBERS OF THE COMMISSION. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer for adoption pursuant to Section 4, Paragrapi (f) of the City Charter dispensing with the requirement of reading same on -:wo separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion )f Commissioner Carollo and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE 10. 9192 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 32. FIRST AND SECOND READING ORDINANCE: ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "SECTION 312 REHABILITATION LOAN PROGRAM" AND APPROPRIATING $170,000 Mayor Ferre: Take up Item 12. Mr, Plummer: Move it. Mr. Fosmoen: There is a reduction in the amount from five hundred fifty thousand to a hundred seventy thousand. Ms. Spillman is here to explain the reduction, if you wish. gl 51 OCT 01980 3 Mayor Ferre: Alright. Mr. Plummer: From what to what hfr. Fosmoen: Five hundr�:d fifty thousand to Ono hundred suventy thousand. Mr. Plummer: Wowi his. Spillman: These are special loars that wu get d.'rectly from the federal government to go to property owners :cL our great: neighborhoods areas. To date they have only approved a hundred se%enty thousand dollars worth of bonds and we can only accept... Mayor Ferre: We can only put into tre fund what they have approved, obviously. Mr. Plummer: Well, but I mean... Mr. Fosmoen: We have more in the piI•e line. Mr. Plummer: Ok, fine. So we will -ncrease ,pore when wu get it? Mr. Fosmoen: Yes. Mr. Plummer: That's reasonable. 1 iri! move it, Mayor Ferre: Moved by Plummer, is t ierc a sr;.ond? Mr. Carollo: Second, Mayor Ferre: Seconded by Carollo, f ,rtaLr discusssion, read the ordiriance. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING <\ NEEW TRUST AND AGENCY FUND F.NTITL,:D: REFABILITATION LOAN PROGRAM"; APPROPRIATING THERETO AN A..OUNT OF $170,000.00 EXECUTION OF SAME; REPEALING ALL 01cDINANCES OR PARTS OF ORDINANCES 7N CONFLICT HEIzEWITH; CON-. TAINING A SEVERABILITY PROVISION; AND DISPENSING WITH THE REQUIREMENT OF RT.,DING THE SAME ON TWO SEPARATE DAYS BY A VOTE 01 NOT LESS THAN FOUR - FIFTHS OF THE CGT4ISSI.ON, Was introduced by Commissioner Plum-ner and seconded by Commissioner Carollo for adoption pursuant to Section 4, Par,;raph (E) of the City Charter dispensing with the requirement of reading samL on two :separate days by a vote of not less than four -fifths of the mer.:bers of the Commi..�sion- AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice --Mai; or Ainlando Lacasa Mayor Naurice A. Ferre NOES: None. Whereupon the Commission on nlol,lO11 of Commissioner Pluauuer and seconded by Commissioner Carollo, adopted said ordinance by the following vote - AYES: Conmiiss.oner .Joe Carollo Commission's J. L. Plummer, Jr. Vice -Manor Armando Lacasa Mayor tiaurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9193 The City Attorney read the ord;.nance into the public record and announced that copies were availably to the members of the City Convission and copies were available to the pu-.,lic, sl 5� 0 C T '1_7:) 0 1980" THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS AT: 11:20,,reconvening at: 11:32, with all members of the Commission found to be present except for: Vice -Mayor Armando Lacasa. DISCUSSION OF THE RENAMING ( Mayor Ferre: Alright, take up Item "E", this is the renaming of Dixie Park. Mr. Fosmoen: Mr. Mayor, we bring this to your attention because the Commission has at one point recommended to your Memorial Committee that Dixie Park be named Gwendolyn Sorg Cherry Park. Your Memorial Committee did not meet for several months and from the time you made the motion to name Dixie Park, Cherry Park until the time your Memorial Committee met. The County proceeded in spite of the fact that we told them of your motion. The County proceeded to name another park in the County in honor of Gwendolyn Sorg Cherry. So the question is really do you want to proceed with the naming of Dixie Park in honor of Ms. Cherry or do you wish to reconsider that issue in light of the acton the County took. Mayor Ferre: Father Gibson? Rev. Gibson: Mr. ",ayor, I would hope that we would send this matter back. If you were to name that park Gwendolyn Cherry, all you will do is have confusion. Because the other park that the County named for Gwen Cherry is not that far from there. Mayor Ferre: Ok, so you got two Gwen Cherry Parks and therefore,... Rev. Gibson: And then you have to say Gwen Cherry Park #1 or #2 on 3rd Avenue. We don't need that. Mayor Ferre: Yes, ok. Well, then it's a moot question. Do you need any further action on it? Mr. Plummer: Well, no, I don't. I don't think it's mood, Mr. Mayor. As I recall there was some problem with the Dixie... the name "Dixie Park". Rev. Gibson: Well, let's find another name. Mr. Plummer: How about Theodore Gibson Park? Rev. Gibson: Boy, that's... God, ouh! Mr. Plummer: Father, we are not suggesting that you parish by the weekend. You know, the Mayor, always told me since the Police Station was named, if I would die he would name it after me. Rev. Gibson: Are you inferring that if you name the park for me, I'm going to die? Mr. Plummer: No, if the Mayor, suggest it though, you better walk on egg crates. Rev. Gibson: Oh, yea, there is no question about the park. I just didn't think we needed to have two parks _ Mayor Ferre: Alright, we have a motion on the floor that Dixie Park be named Theodore R. Gibson Park. Lacasa seconds.,.. ,53 ocT 4 � ��80 gl C r Mr. Plummer: Well, Mr. Mayor, I think that the motion should be that we recommend to the Memorial Committee for consideration. Mayor Ferre: Of course, that':, alwa}s the way it is. 'that's always the way it is. Alright, call the roll. The following motion was introdi.ced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-775 A MOTION' RECOMMENDING TO THE ITL201RIAL COMMITTEE THAT THE CITY OF MIAMI PARk KNOWN AS THE "DIXIE PARK" BE RE -NAMED THE "THEODORI: R. GIBSON PARK". Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vict-;layor 'Lacasa and Mayor Ferre. NOES: None, ABSENT: None. ABSTAINING: Rev. Gibson. A) P^OGRESS REPORT -POLICE DEPARTMENT rEC`2UITNIFNT n[uj t:la•.a uk". B) DISCUSSION RE: CUBAN REFUGEES IMVCLVID IPA C"ININAL ACTIVITIES 33. C) REQUEST LABOR DRPA°.Ti,'13V'_" TO IPiCL11DF? CUBArT ,,rFiJC,nr,S Ii•1 DISTRIBUTION FOr,,ULA FOA. C.E.T.A. FUNDS. Mayor Ferre: Alright, we now are on... is the Chief here ready to talk? Mr. F'osmoen: Chief? Chief Harms? This an update on police recruitment. Mr. Mayor. Chief harrOs: Assistant Chief Cosgrov"j will hive you some: data on the status of several classes that are currently in probress, as well as any problems that may be occurring as far as our recrui.cment efforts are concerned. Mayor Ferre: Alright, go ahead. Chief Cosgrove: Mr. Mayor and members of the Commission, I would like to refer you to the inter -office momoran:ium we prepared. We have... just to highligl•,t the information in the memorandum, we have brought on board an additional eighty-one candidates that were referred to us from H.R.D. Mayor Ferre: flow many? Chief Cosgrove: Eighty-one that was referred to us as the result of a most recent exam that was given, that we are currently processing. Eighty-c;ne percent of those are minority c.:andids:es. So we fell within the eighty percent guidelines established by the Commission. In addition to that, the last Commission meeting it was ;:asked 1.n reference to the numbers of street Police officers that are freed up as result of the fifty sworn positions that wo were authorized in the budget and so °ar seven of twenty positions have been freed up and returned to the street is ,-esult of recent hiring; of civilian personnel. Essentially, the only ma,jar :.ssua we had to report is that we are in target in terms of our recruitment efeort. To date, we do not anticipate any problems at all for Tilling thirty -or,,! t , thirty-five positions during the next academy class in November. However, if we do experience any additional delay;, in obtaining the expansion of our recruitment base and residency requirement from this point on we do anticipate having that have a negative impact on our ability to meet the goals that we have established in terms of hiring two hundred sixty police officers between now and October of 19.31. That is most critical to us at this; time and it is going to be dd fi.cult to proceed effectively from this point on without that expansion of're:�idency requirement. gl �.:, T r ,��.,•, 0 9 Mayor Ferre: Well, where does the court hearing stand on that with a Federal Judge? Mr. Knox: Mr. Mayor, we have received a letter from the Clerk of the Fifth Circuit Court of appeals saying that a determination would have been made by October 15th. In the meantime we spoke to the Clerk of the Court on yesterday and the Clerk indicated that the attorney for the Fraternal Order of Police had requested an opportunity to respond to our motion and the Court gave that attorney until November 2nd. So that• we cannot anticipate a remand from the Circuit Court back to the Federal District Court until sometime after November 2nd. Mayor Ferre: Jack, can't you help us on that? Is there anyway to cut through all this? I mean, it's really in the interest of... Mr. Jack Sullivan: Mr. Mayor, I wasn't aware that the attorney had interceded on this. I will get a hold of him and find out what his position is and what's happening in effect of this as soon as possible. Mayor Ferre: Yes. Because we are really... I mean, we are really almost at a standstill. We really need to go out and very aggressively recruit, And unless we can get the recruiting process outside of the City of Miami, we are just... it doesn't matter how many motions we pass here to hire a hundred, five hundred, a thousand policemen, we are not going to get them. Mr. Sullivan: Well, as I. indicated to George and I indicated to you also, that I had not given the attorney any instructions to do what he apparently did. If he has I will see what I can do about it. Mayor Ferre: Would -you also call Mr. Knox and the Chief or Mike and let them know where you all stand on that with your attorney? Mr. Sullivan: I'm going to call him right now, Chief Cosgrove: Our objective to date was to have seven hundred applicants on board to process fc.z police officer positions and we currently have five hundred fifty. So we fell a hundred fifty short, but we think we can makeup for that with the expansion of the residency boundaries if it's on a timely basis. In addition to that we currently have three hundred nineteen non -city residents sitting in abeyance. So we can test as soon as the authorization is given to go outside the City of Miami. Mr. Plummer: Well, let me ask this question. Is there anything in any of the proceedings that say you can't go ahead and test those people? Chief Cosgrove: Yes, I think Mr. Arauz is going to address that most (COMMENT INAUDIBLE). Mr. Plummer: Well, the answer is either a simple "yes" or "no". If there is something there we can't do it. Mr. Carlos Arauz: Yes, Commissioner, right now we are not allowed under the present Consent uecree to test them. They would not be able to be included in a register for selection. We could test them. The problem is, is that if we test them and let them stay on the register for a long time until the Courts decide, we have a tendency to lose them. Rev. Gibson: I want to make an observation. Mayor Terre: Go ahead, Father. Rev. Gibson: This would be quite revealing. I think we ought to congratulate the police people, There is... you sue that man came up here and he was willing to take a different position and attitude, which says that sometimes I think these problems will be solved if we just talk with people. Mayor Ferre: Yes, but that's what he says, but then they go and file a suit in court. Then they go appeal it and they call Federal Judge. !i Rev. Gibson: Well, I know Mr. Mayor,'but he said he did not give orders. Well, you know... gl 55 0�'T - - t+ Mayor Ferre: Father, look, I... Rev. Gibson: ... I accept that. Mayor Ferre: I accept that and I tl'ink Jack Sullivan... and 1 know he is calling his attorney right now, but Jack Sullivan, I think, is an honorable man and I don't have any question as to what ile says he ,Weans. But the fact, never remains that the attorney for the VC p intervened, called the Clerk, asked the Jud:.;e for this thins to be extended and e1 arytime we get this thin� extended we fret into) deeper and deeper trouble. And the Cact is that the time iLi against us now. And now we got to wait until November ?.ud until the Judge decides what- the intervening attorney for the FOP is ;oi.ng to say and you know, then we will say "well, I think about it for fifteen days and 1 will let you..." Ilion Christmas comes along and he says "well, I cai:'t make a decision on that until the first of the year and the first of the ye..r means the... You know, ,January 13th or something like that and we go on ana on. Rev. Gibson: The only thing 1 would say.., Well, the thing I want to do was I hope he will come back so he can heard me say that I thought that was at least charitable. Hopefully, next time he wouldn't do it. Because you know, if anybody ought to know the history of the action of the FOP I ought to be able to recite line, chapter, verse. and I hope he heard what I said, 1 hope this is the last time they are goi.n� to inhibit,• prohibit and intervene. Mr. Plummer: Mr. Cosgrove, let me &sk or Chief Cosgrove, let me ask you a question. Where are we on the P.S,r. Program? Chief Cosgrove: Mr. Arauz, has that program available to make a presentation to you now, if you like. Mr. Arauz: Mr. Mayor, and mcm,bers cf. the Commission, as Chi;:f Cosgrove pointed out, we have had two things happen. 01-te, we just received the last register from the University of Chicago whic? included, eighty-one people. Eighty-one point five percent of those were rnir .>rities And women. Ir, addition, yesterday we gave an examination for both police officers and public service aides. of one hundred twelve police officer applicants that we had sevcncy-eight took the test. Eighty-one percent of thcc:e were ninority and women and for the public service aide of a hundred eight eligible public service aide applicants that we had sixty-eight took the ex:..::ination. The percentage of minorities; and women in this case was ninoty-siX percent. We plan to have this... the results of those examinations withir the next week and be able to make referrals to the Police Department as soon as we have cliem, Mayor Ferre: Is there anybody in tl,at P.S.A. Program that's over twenty-one? Chief, is there anybody that is oven twenty-one? The minimum age is eighteen Is that correct? Mr. Fosmoen: Yes, (END OF STATEMENA !NAUDIBLE). Mayor Ferre: Is there anybody over 4wQnty-one? Chief Cosgrove: We will have :some rnat will be converted into police officer positions. Mayor Ferre: Well, that's the point of my question. Chief Cosgrove: Yes. I'm not sure of the number those, off the top of my head. Mayor Ferre: In other words, there aru ;some that are about to become twenty- one and they are entering, this way t.) that they can be working as P.S.A. officers before they make a formal c17)lilieation to go into the Police Department, Mr. Plummer: How many P.S.A.'s do %,u presently have? Chief Cosgrove: We have sixteen nou and in this last class... Mayor Ferre: Sixteen? Chief Cosgrove: Yes, four were conv,:rted from P.S.A, to police officer positions into this current class. sv j ti IDU gl 0 4 Mr. Plummer: So we have twelve or we have sixteen? Chief Cosgrove: We have sixteen now. We had twenty. We lost four to police officer positions. go we have sixteen current P.S..A. positions. Mr. Plummer: Ok, Chief Cosgrove, you know that we are now thirty days gone. That means you have got eleven months left. Chief Cosgrove: Sure do. Mr. Plummer: You read between the lines? Chief Cosgrove: Loud and clear, sir. Mr. Plunmter: Why isn't the advertising program under way? Mr. Arauz: Mr. Plummer, may be I can address that•. We have... Mr. Plummer: I mean, I hope we are not going to wait until after the recruitments to do the advertising. Mr. Arauz: No, sir, we have been doing some advertising, but as you are well aware, we have been waiting also for the Fifty Circuit Court's decision. We have contacted the firms... public relations firms that are experts in this field to provide us with a program. Right now we have just received three proposals from public relations firms as to how they would handle the advertisement for police officers. Now, the proposals that we asked them to submit to us were to be made on the basis of County wide recruitment. It would be a tittle bit difftcult to go ahead with it until we have the decision from the court which we hope will be favorable. Mr. Plummer: Well, you know, that's woll and good, but if you are not ready to go with that program the day the Court says "yes" I'm going to be Woad. Mr. Arauz: I agree and we will be ready. Mr. Fosmoen: That's our objective. gl � I 57 or, 7" 01980 Mr. Plummer: ...Chief, whichever Chier,Ch::ef, I'm concerned, very concerned for all of Miami, first and forer.,ost, but I am very concerned for the Downtown from Thanksgivinci clay until the conclusion of the Orange Bowl activities. The merchants 1 sa;•; on t.v. exprc_ied t'hi:; concern to you. What can you tell this Cor,rrtission treat you're going to be able to do, if anything. You know, if ace can't do it, let's be truthful so that maybe, if they want, and ] *ee that they art: Making some other arrangements which I don't: like, and 1 don't think they like but they do it out of desperation. I thin}: it would be good that ;'ou tell this Commission what you're planning co do from ThanksSiving on as it relates to those people's vital vita:; survival in that six week period. Chief Harms: Commissioner, as you are away , we. increased coverage by six beats within the Downtown area within the last two weeks. In addition to that, on the 16th, of ;;overtiper, we anticipate increasing the numbers available for service irl the_ imrtied.iate Gown4own area by an additional, it will be a total of thirty-nine (39) about an addit-oval thirteen (13) officers ef-ffc:ctive ',,,he lbth of Nov::mbcr, Now they'll be working basically a six day we:•1r: when :.l'e: ;;toi*•;s ::re o��ar., ar th,: majority of the new pe:)plE will , zo cicc:oxtocatu the hours that this. Mores will be open, and to accomodate t,-,e larger than noYmal increase In individuals that come Downtown pr:4tnarily tc shop with the pro -Christmas sales. 5o that increase in perscs•,nel should provide the visibili,:y and the sense of security that ma:,y of the merchants discasseu witch me several weeks ago as their primary concern with the Downtown business district. Mr. Plummer: Chief, lot ve ask y:n1 this qu• ;tion. We're proviainc., you with adequate funds at this timi: or this zrogram that huts been vu.y, very successful, and paying palic'.;,en on their time ofi: to come back and work an additional five, or 41ght, or tan hours on tht.ir day off or even in some casL:s on their o hour. Is there some way just during this period of time, are we encouraging then to work a second day just during that very r!rucial Downtown time? Chief Hares: Yes, sir. some of zlie officer:, are in f.Yct volunteering for the second day, not too many r them. ;.ad when we qwz. into the additional time, we're: talking it4);l:ti arc ex;.-,nditura that':; mada barsicclll}' from the salary savings acccunc :1.',C: we have: that projected to bo utilized through its total, ,,omewhern ri rr vinc1111'cy of match, "J:' April of this coming y�!ars. So it's pret-cy wcl:.-)rorat,t ca over t;tat poi:-,od of tir,',ci with an under otan—'iinci that ei:i ';!e :nc'rucls t'.nL ofiictrs available trrough the academy to the street, th it wwill decrr'ase the need to have: otfic4rs working a day off on an overtime -;axis. 1'us, we could do it that way, but what it would in fact c:C%vlfpl $il is It wou16 diminsh the total time that: we could apply to the ,pcob'lem. Tne probl.:m being assentlally having to carry additional offices on an overtime basis to about March or April of next year. I•ir.. Plummer: All right, I'm goi,v to g•�t i :tto the other facet which is the helicopters ldtcr on in the iiendz, becaase I do feel that this could be a valuable service to the Dep"rtmant. Chief Harms; We cex t:ainly agr�.'c . Mayor Ferro: Well gut into in nu-,, while he's here. Mr. Pluramur: Well 1 can't ao it, Der, Mayor, buc:c1lwe we'.co going ro talk about the helicopters in gl:ne—,:,l it reluces "'o t: -: marine stadju:n, and all of that at one time. And Y 6-in't want uo mix apples and orangeu. Chief Harms: Yes, I will have: 6o,,wone available hero to address, huiicopters. Mr. Plummer: All ricjht, 'lot me g..ve you an off the wall posciblu rucolymiendatiort to consider. And I know that .thi.:s sometime:; causes friction, liave you considered the use of firemen on ,ff duty fo): a supplemuntal. Not combat: police work. My thought'- i the ntattor is thoy are City employees, they are already covered by in:;ur:,lsee, they are alreaay covered under pension, is there le possibility tl,at that t:.me and one half money, even if G 1, G00 ist 41 9 Mr. Plummer (continued): just during the Christmas season, could be offered to where you could offer it to a fireman to come in and do a desk job, or do some work that would free up a policeman. Whether... you know, sometimes it'a just the presence of a uniformed individual in the Downtown area that helps defer the prcblem. You know, I guess maybe what I'm saying, I'm desperate. Chief Harms: Okay. Your first question, in response to that, have we considered it? The answer to that is no. And in response to your second question, is it possible? I think yes it is, and it's certainly something that we will pursue with all deliberate dispatch. Mr. Plummer: Well, all I'm saying this Commission can do is provide you with the bucks. This Commission has done that. Now, as far as I'm concerned, you know, you've got to come up with the innovative ways. Okay? And innovation means that we can't stick to the old traditional ways. We've got to think of new ways. I don't like the idea, And probably my good friend Herman Brice is going to kill me for bringing it up but I want the public...i want the people in the Downtown area to know that I am trying to explore every feasible way to give them relief during their very crucial, crucial period of time. Chief Harms: And we are as well. And I can assure you that there's no one within this administration, or within the City that wants to provide a better level of police protection than I do. That's of critical importance to us. Mr. Plummer: I understand that. I know that. Okay? But I hope that will be considered. V Mr. Carollo: Mr. Mayor? Mayor Perre: Alright, on Item "B", go ahead. Mr. Carollo: I would life to bring'; s(,,,nething; ug) for discussion and make a motion on it that... I have discussed with the Cile.f this past week that I think will not only bring relief to merchants in DowY,town Miami, but bring relief to all our citizens in all of Miami. And that is the point that we have not gotten any cooperation whatsoever from the United States Immigration Department. I recall back several months hack when our former City Manager was here. There was a tentative agree -,,,rent reath�d that the U.S. Inmiibration Department would step in and any refugee that was arrested for a major crime they would take in their possession, Now, they are literally laughing in our face. They have not done anything to help us in this and I would lake for this Conmlission to make a motion now ind it the iinnigration Department does not act upon this or at least Lv) mem Ors of tnis Comm. ission together with the Chief and an Assistant Chief, go to Washington if need be. Right to the office of the U.S. Inam;ration and speak to the head man there and get some relief and before the li,.. Iiiuni-ration Department will come in and any refugee that commits a felony or a serious misdemeanor take possession of them, Now, if they want to deport them, put them in a federal prison, any- thing they want with them, but get ri.i of them from our City. So that the motion that I'm malting is that this Commission goes on record demanding; from the U.S. iiimiinration Department, that our laws, our federal laws would be enforced and that any refugee whev.lrur it be a Cuban., H&irian, Nicaraguan, Indian, Chinese refugee. Any refugee that colmr,its a felony or a serious mi.sdenteanor be given to them and they take possession of them and get rid of them from our City and OUT' County. Mayor Verre: Alright, there is a ,:.oti.on on thee floor, iS there SeCOnd? Mr. Plummer: Well, it sounds like: noLberhood. I will second it for the purposes.., no, no, no, uxc.usc mc, i :,houldn't say that. That.'s not... you know, what I understand, if I understand is that the feds enforce the federal rules. Mayor Ferret No, no, no now wait rr:ir.ute. The-ru is antch more in this; than motherhood. Mr. Carollo: iluch, much more J. L, Mayor F era: e : And let me explain why, May I? D;r. Plunur,er: Well, I,wa:, going to a. is thc: Chief., if he had any legal problem with that and I think may be. that r:i; lit. .. but whoever wants to educate me, please feel free. 2iayor Perre: Wall, I jus� ...Yes, i.c r me do �, little education because I chink 1 know more about this than the C'r,:.e.' with all, due re.pec:ts to the Chief, because I have been involved in Wc.s;:ington with I.N.S. and with David Crosland. 1 don't know, Perhaps.,.. do you l.now? Are you informed about all the things chat are going; on with David Crosland in office with Ray Morris and all that stuff? Chief lianas: No, sir I'm not prepi,red to comment on what ,you haven't stated yet. Mayor Furre: Uk, that's the g;ermai«+ point in all this. What Conunission�,r t:nrollo harj coma up with is a very, eery substantive and important matter. tt doutt not,,. with all Niue respects, is really not motherhood and let me tell :ou why. There is the 11180 Refuge. ,'act which was passed by the Congress of . ha United ;hates and si�,,nud under Liw and went into effect on the 17th day ,4 April. or 1980, does not address i..self in anyway, in anyplace: to the ;problem of how to deal with peopl4 to come from primary Countries as political rufug oes to the United States. Thori: is no mention. There is no mention at ,ill. Therefore, there i., no guide -tine. Now, the I.N.S. in the beginning of this whole thing... I'he I.N.S. in chv beZjnning or this whole process J. L., totally ignored and said they would not do anytriin& about it. Now, the White Clouse, then rtrqueSLt?d the Atto.ney General to give a legal ruling as to what the I.N.S. was impowered to co legally. Now, that conclusion took three inonths to come up with and about1two or three weeks ago the.., on the.,. �F C '� i ,; actually it was the... I will tell you the exact. date. The first day of October on the closing of tent city. The previous day which was the 30th day of September, the White House released a ruling by the Attorney General that the I.N.S. was empowered under law to remove the status of applicant to political refugee from anybody who had violated any law of the land. Now, it was a very complicated ruling and the problem is that nobody has tested it because there is some question as to whether or not there is a constitutional problem there. Y Now, that the ruling or the approach of the Attorney General. was that since there was no mention of st:ch a thing as applicant to political refuge in the law in the 1980, then that status did not really exist and therefore, the removal of it, you know, zero from zero is zero. And so therefore, there was an order given by the White House to I.N.S. that they should enforce that. Now, what Commissioner Carollo is speaking to which I think is very accurate is that, that has not been enforced. Chief Harms; That's correct, it has not. Mayor Fevre: And the problem is that, with all due respects to Ray Morris who is now, as you know, retiring from the service, he has not enforced that. Now, I think the thing to do frankly is to go beyond this resolution Joe and I think what we ought to do is, one, we ought to ask for a meeting in which members of the Commission should be advised of and should be present. Where Mr. Fosmoen and the Chief and the City Attorney should also be present and... what's the name of this fellow from task force? The little short guy? Gigani. Mr. Gigani, should be requested as the head of the task force to see whether or not this is being enforced. \ow, if it's not being enforced I would recommend that since Gene Ridenberg is now in town and will be here today and tomorrow, that you immediately, Mr. Fosmoen, see if you can get Mr. Fidenberg over here and see if we can get a clarification, because, let me tell you how this is working. The head man at I.N.S. that position is vacant. The fellow who is there is in away similar to you, except that his title Is acting head of I.N.S. and his name is David Crosland, ok, He reports to the President through Gene Lidenberg So Gene Cidenberg, in effect, is his immediate boss. So if you want to solve the problem, you got the tools to solve it today with Gene L"idenberg. Mr. Caroll.ot Mr. Mayor, thank you, for those words. This is exactly where we are trying to get at. bend them this motion from our Commission and immediately upon follow it up with a meeting. If we have to go to Washington. If we have to go wherever we have to go, then so be it. But we can't wait another month, two or three months for the Immigration Department to make up their minds in what they are going to do. In the meantime, our City is being overrun with crime part of which is being done by refugees. Of all nationalities that have been dumped into our community. Mayor Ferre: Ok, there is a motion and a second... Mr. Lacasa: Under disco:,sion, Mr. Mayor. Mayor Ferre: Wait a minute, wait a minute, was there a second? Plummer seconded, right? Mr. Plummer: Yes, I seconded. Mayor Ferre: Yes, ok. Alright, under discussion, go ahead. Mr. Lacasa: I can see the problem that the refugeeu have brought to this community and we have discussed many times the question. However, what we are discussing here now is a matter that foes well beyond the perimeterG into which the City Commission works. What we are trying to do here now is to legislate about the Ivgal rights of the refugees. To do this at this particular point without legal research from our own legal department and a consultation with U.S. Immigration Legal Department willbe in my view to rush a little bit the situation, hocause after all what is at stake here besides the question of law and order in our City, which I support fully is also the matter of the safety of the refugees thomsolves, And the question, a big question mark as to the extent of the efiocts of this motion, if this motion were to pass on the proverbial position of open doors that this community and the United States has always kept in relation to refugees, So I neither say at this particular time that we should go for it or we should not go for it. What I say is that we should in view of the seriousnes's that the impact of this motion could have is to research the question with both our Legal Department and also the Legal Department of the U.S. Immigration Department, so we can have legal opinion gl .i.11 G l� ► ;,. G 1�0U 4' t, as to the extent of the impact that the resolution could have. Mr. Carollo: Mr. 'Vice —Mayor, here you go ai;ain riixinG chi.cker, salad with chicken manure. May be iL's because ,/ou have buuu so llluch clwa, from the City of Miami lately, but our (:ity is be:inr; overrule ny trifle, our Voli.ce Department, our police officers, which are the finest in the t;aunt:ry and our Police Department which has been submitted to pressures that prol)ably no -police. department has in the Country over the last few years a;•t, doing a fine job, but I hate to admit it, our policemen are not in cont•rol of the sr -reins and that's because there is so few of them. They are doing a mutter .job than anyoAe call expect them to do. They are giving a hundred ten lie cent, but there ir; just too, few of them and we do not have control. of the strt:ets. Now, if wu do not add up... act upon this, right away this is only gol'ig to prolong the problems that we are having in our community. This Country yes, has always welcome refugees from any nation, any creed, an;t Color, but when, we O!)Cn Our door.:. C0 peol71,» We expect them to abide by ol_:r laws .7 u,, c like any Country H'ol.lid d(, if they would open their doors to any group or' poop ict and to say that we ftavc. to be careful what kind of reaction thij inight ii w:: throw crilti.uals in jail Lind l;et rid of them fror,i our community, :i am shocki-d. No rufugeu ha:; a riL,ht co he kept in any Country if they don't want t) ..i>:Lde ',)if their lawn. Ai-,d Unfortunatvly, there is tin horn dictator in Cub�i Lh.(t doesn't c3i0 abOUC What. hadl,(:na CC) our Country and sole drear,i .Ls to 'oy our G�ir.ry aa:l our ca.rraunity. Aild he dumped thousands of per 'f 1 1 , 18 't:hut \,'r,: C1C) 1'lJt'. iJi]Ilt in OUL' CGiiuilUliiC,i'. nt:Yl' w,ia approximately a hundred twenty- i'vu t;,;)usand Cuban th.,t a"ived from Mariel. The majority of them good pc,t-ple that fire l.aw abicli.ng. They will contribute to our Country, but within that g-rollp, :;irice that dictator was the one that picked who would be comini;, "Ot our govern,lient, hu duu:l)ed quite a few thousands of criminals and bums, if I may use the e;;prc::sion, Air. 'tayor. And if we don't act upon this now and sr.a.'t going; to the voct of thc: problem and de,mandinn from our governrient to f: ina'..ly step in and onforcu the law of our land, I think that put to ;ether with the a-mtranle short:agu of policy: officers that we have in our commui',ity and the high crime ratt:�l th,,z wa had even 1•,eforu six monas ago, our cotlmlu:il.ty Wit i n .!noth(::r yC:ZAi o'r t%/O 16 6otlig to tuva into another Detroit, Chicago, 'i\'l?w Yor,C t:'h re people, �11:0 &01.116 t•,.) ba of e.lid Lo even Wall<, in the stre =s slid you iizo oink; to sue all t.vcn 'idol' at%i LA barb .;r,d other windows in tact. T-Ine problct;n ti,at J. i.. , was r.a.lkin.; about in Downtown Miami is not just Downtovn% Miami a v,-TIC170. You 4('re h(:arin?, Gila same: complaint's from Merchants all across the Cicy of Miami. The rainutO dare noss collies to our City there is few people that gu i',ai:o the stracta wnyviore, bec.luse the criminals are the odes that are in control of the streets. Now, I plead with thili Commission to pass this motion and send this to trio U.S. Department of Ilmnigration and right after that, as the :•layer scatt.d and as I stated, to muaL with the groper people and demand froin our fedt •ral i;overnvwnc to act upon tali:,, And I Lhitlk that the Chief, the Assistant Cil.iy:f, i':uLter than anyone is Chi; Conullission could tell us just what ai t3L't' this p1'oblem is havi•i.;; in ()tlr co:L' aunity and probably what affect it will have i:i i ie futuro if WC: don't act upon it "-Ow- Mayor Ferre: Under discu:,sion. Ch:i.e and my f01low I'm not going to get involved in ..he rhetoric and in the. y:utotion,; Chat 'Arci apart Of all of this and the poll.: ics that ar. a part of an of thi:;. Now, I just waft to address myself to Lhe simple ilia of what i; in thcs motion. What in effect--- and not get nvolved wit:. personalities ur pi:raonal feclini.,•s here. ITte motion speaks to the ,,roblem. "h, problem Ls the unfcore t:mit.lr. Of o ruling of the Attorney General WJ ich ha6 al •r, aidy been Minded (iowrl by lai: At Lorn(:y General's Office in l,'ashir:gton by Ct,o local I.N.S. 'Mat';; ;;1.1. Thy:re is a ruling. The 1,N.S. is not, as 1 understand it, enforcing the rU.linl; and the ruling vary simply is the removal o;the status of applic�111L to pLl.itit:r;l refuge for those who violatte the law. It really is that aim[ilo .Wid I think that we should pass a motion that ask, which is what the thru;;t of this Is, that the I.N.S., Ray Morris, who i.i in chal:gL, (if the local office, el%fol:cu the ruling of the Attorney General and that's gill that doeil. Chief harms: Mr. Mayor, I would wholL.lieartl.y support that. 'ii;u co:l:.uuit� need some relief and one Of the way.,; it can rocvive rbat rQlie .Ls throtish tt r.erllistic policy that's implemented and carried out with a dogr�o of r0asonableness so that whon an individual refugee create+:; or is charged with a felony or serious misdemeanor that thy :status is remov(:d. N,jw, Chat woul,l h(,ve ra considersble affect. within' chi! local calnlaut/ity. Ir WoUl,t felts Chat that individual out of the local criminal justicu system which L., already overloaded. In addition to that the yard would filter very rain-dly through the refugee community that th Ls is uxact.l;; what's happenin;;. ! woula agrQu with the e l -,, J� 01980 4 4 principle of the Commission going on record asking the federal government to support a policy that has official sanctioning at this point and time from the Attorney General of the United States. But the fact that it has not been done locally is of great concern to us inspite of our best efforts. Mayor Ferre: Let me ask you a question Chief. I read in the paper or heard that the Chief, the Police Chief of Miami Beach and the Mayor, making; a statement that sixty percent of all of the crime committed in Miami Beach doing the past month was committed by people with Spanish sir names. Now, that... I hate to get into that kind of classification, because I think that has potentials of creating other type of problems. But I would like to know if it is a, not a major task, if it's something that you can do with relatively, you know, not much man hours since we are so short on people. I would like to know what percentage of the serious crimes and of all. crimes been committed by people who were classified as political refugees. Chief Harms: It's not too difficult to come up with the victim information in terms of status, but in terms of offenders it's much more complicated because many of the offenders are unknown to the victims or to the police. So we can only try to correlate and I think this is rough correlation. In particular areas based on refugee populations and we have seen at this point that where there have been considerable increases in refugee populations, that there has been a positive correlation with the incidents of crime. As one goes up, so does the other. Mayor Ferre: Ok, so in other words tho point is being very specific. In the areas surrounding tent city, as I recall the figures, during the two months that, that tent city was open crime soared. It went up to three hundred and some odd percent. Chief Harms: In the last month, the month during which it closed a comparison with the year before was four hundred percent. Mayor Ferre: Ok. Chief harms: Now, in, the Little Havana area generally it was somewhere in the month of August to August. This year compared to last approximately a hundred forty percent for the major crimes. Primary crimes that increased were auto theft, house burglaries and larcenies. They really sky rocketed. Mayor Ferre: So there is not much question in your mind. I'm just laying a predicate, a logical predicate as to why we are doing this. There is not much question in your mind that the increase in crime in certain parts of this community, Little Havana in particular, is directly attributable to the increase of the refugee population that has impacted this community from the end of April on? Chief Harms: That's correct. Our community is now approximately twenty percent larger than it was this time last year counting about seventy thousand refugees most of which are Cubans, some of which are Haitians. Mayor Ferre: Ok, so in other words, we do have a serious problem. Chief Harms: Yes, sir. Mayor Ferre: There is abundant proof that it comes or in areas like Little Havana out of the impact of the new rvfugues. They do have a legal status which :is called "applicants for political refuge". The Attorney General has ruled that if there is any questions about these people committing crimes, that their status can be lifted. Once that is done, then as I understand the very complicated constitutional provisions are that the federal government can then ask them to move out of this community and can send them to any camp that they want. Chief Harms: Yes, sir, that's correct:, but I also need to go on record and tell the Commission that it's a minority of the refugees that are creating problem. The majority of them are good citizens, good residents, good refugees and I want to speak to that issue too. Mavor Ferre: Yes, I'm glad you put that into the record and let me also make a little statement, because I have heard some people to get upset when I talk gl 63 OCT i al,out this. If you so to the highest per capita community in Miami, let's say Coral Gables or any comrlunity, I'm 6-ii-re: yol:' *,could find two or three or four percent of that 'population that are individuals that are either violehting the law or have violated the law and couli have been sent to jail and that's in a high economic area. There were a hi.ndred wenty-'fivc thousand people that came from Cuba in this boat lift. If you take i:ilree or fo,lr p ercent of that you have trot five thousand people. tiuw, we know that, that was just not a casual thing that occurred. We know that Videl Castro went to his jails and emptied then from... and took the people that ware common criminals in Cuba and they are here. Now, :Let me 'i:,ati Le a d'. stimict.�on becaust:4 1 have just written a letter to somebody about this who was complaining. in the United States we have ,constitutional guarantees. Now, in Cub.l if you look like you a•r.e about to commit a crime, if you :Look lii<e a cr:i. ai.�,al .:hey will put you in jail. Now, there is no due pt:'ocess. There is no trial by jury. There is no such thing as bonding out. When you go to jai.l it' 5 rot a nice e-xperience. The food isn't very good. The accommodations are not very good. There is no air conditioning. The guards don't treat you very nicely. There is no such thins as parole. There is no parole board, There e:re no constitutional guarantees and yet these people commit crimes. No.,!, can you imac int, what a criminal that commits a crime in Cuba fe`ls like arhen he ::r;mes t.o t're United States where. you are innocenc Until proven gui �.L-y. Wh.--re l',nt: rc. a-rc cfl:i5t1.t1.1ti0n,-1l &uclvantees. t';'herc There hc:>; to be due proct:.:is, i•lis rights have to be adhered to. k'ilen 'Ir ;oes to jail., you Know, _it's -p:-obrmOly alh ir,,,T '`:'utllcnt Oil %.:<� t(>il{11C.iOli th-,t 1ih has been in for the pal ,-L couple of Th,: i:GO,i is better, It's air conditioned. I mead, ima:!•ino?. Now, ].I yotl take all t1i.: into accOUnt .1: t:hink you see the seriousness of this ph:obl.em. :';ow, it doesn't mattc,r whether it is a thousand or a hundred. A hundrr lhardo;1, i cr:ila'inals out an the streets perpetrating these crimes can cau-:e a t'nrt: hundred pare, :lc iai tease in the neighborhood. They can cause havoc. A,,d have: as you ally I have talked about cases of criminals that have... that have. , Well, the case of that thing that you sent me. This kid who just got to be 8. Over a two year period he has thirty a'ir(?St5 and it's UTil)t lilV3b.Le . Z'Oli l�it047; AUaU:it, burgl ry, .�sL'ptel'.lber, twice bucglary. It's con "nuing and :C c:af: t understand it. They go before a Judge and the Judge, I guc:t•;s, just doesn't kno;c 1✓hat to do with him so he lets him, back. on the street a rob and maim a;;ai11. So with that serious a problem of revolving doors in the courts, with the impact, I think... I don't know that this will solve anything, but certainly it's an attempt to try to solve the problem. Chief X,i rms: Mr. Mayor, '..et me C(immetlt on the youth that you just: related. 1r1� story about the Judge.': in the Juveni.ic Divi son make decision:; frequently predicat<.d on infonnatior, coming; %:com E.::.S. , from the youth case workers and some of th:Ax lat.il.ude dv�.s noL: exist. They don't have as much authority and power as I once thought tl-,uy did. I'm not defending the Judges h,>cauue 'C think that frequently m;.ny of them do not carry out their responsibility in the. coS,li,uni.t'y. BLit r, r.(:sard LO 6h, juvo-11110 juSticG uysteu,, We need to take a :,,�rious look at how that's processing individuals into adult criminals. :+"ayor F,�rre: "Aright, 'Father Gibson. Rev. Gib,.;on: Xr, Mayor, I would hope thac we would not be, passing resolutians dumanding. I would thinl.: that what We :i,:;.irn from our goin„ to Washington about two months ago should be an averlastir,3 1c..- —ion t^ us. We wont up t.hL're, we toted our case. V,e were there in the O fiCe. fhey couldn't het us On the telephone and say "well, hold" anti keep os holding ad infinitunl. They had to addrtss the issue because we were thrre, so that they could get us out of the office. And I think char. your Assi.atant City Manager will tell you that wo liad tnat entire staff „pcl.lbound. 'i'nuy didn't know what to do. Thi.0 City i;� a pF;l t of one gveat big; frmily, This, City is not alono. I think we who are n,oinbcrs of Chu family ouOir to go to Wastiiiieton, tel.i. them what our problem is. W„at of1ect it has on us. That's an ent-Lraly different approach. �sy _ w OCT ITG 198Q a' # Rev. Gibson: (Cant 'd) We could get the same results and then we would not have ali:nat.id anybody. I,et me tell you some- thing, you all had better be careful. Yoe. may got that but you may lose so many other things. Mr. Mayor, you know t},is better than 1, Doggone it, the telephone call will be made, the word wil.:1 get around that those people in Miami are a bunch of S.O.B.'s. Now you h.,ve to understand that the federal government has some problems, they understand that we have some and I trust they understand that we have them. It ma}es an awful lot of difference how you deal with people. Mr.. Carollo, I'rn fc,r what you're saying but I don't want the method used. I go for what the results or laying the complaint-., I just can't: go for the method. You can't .ell me if you go up to the federal government and said "Hey, you're an S.O.B., you'd better do so .and so and so and so", the guys may so Ok, so then they cut off, they get you In housing and they get you over here and they get y)u over there. Look, we could be smart. You know what they say, you catch more fli.es with honey than with vinegar. So that's my only objection. Mr. Carollo: Sometimes you've got to mix a little bit of both though. Rev. Gibson: Well, let's mix a little bit of both but I want to tell you don't let the vinegar surface so that they can't see the honey. Mr, Pluruner: Mr. Mayor, can I clarify the record? Father definitely meant, I'm sure when he said S,O.B., shortness of breath, didn't you, Father? Rev. Gibson: Any one of those you call it, it will be all right with me. Mr. Carollo: Father, you know I know yoi. meat: well but I think you of all people must know that when you try aml try and try by quiet peaceful manners and you fail like we have failed then you start gettinri loud. I'm sure you still remember your Civil Rights days whL:n you tried and tr!Q d in a quiet manner and people ignored you, they didn't care and you had to get loud. And I'm sure if you didn't yet loud in those days you wouldn't be sitting here today and this is what I'm saying, P;e tried and tried in a quiet manner and now it comes to the point that .if we're going to be called 5.O.B.'s regardless of what then I'd rather be a loud S.C.B. than a quiet one and try to get something accomplished. Rev. Gibson: Let me :.ay this and than I'm going to hush. Mr. Mayor, I see nothing wrong with asking or appointing, asking all of us to go to Washington and address the man that you have indicated .is the man in charge. Mayor. Ferre: He's here. Rev. Gibson: or have him here, and we could say to him, I'm not so sure I even want to talk with him here because I discover that when they're here, you know, after they're through, but if we were up in vashinyton where you could call. this department and that department and the other department: all one time, ask Jack Alfonso, he was an observer up there. And I'll tell you what will happen, you will get a different rea,:tion. I just feel that we are supposed to be leaders. Now, if you do it th,it way and you don't get- the desired re - stilts, Mr. Carollo, I will. join you on the front line. I tell you, since you mentioned my record with Civil 1:1.cshts w)tich I appreciate, this City was inte- grated, some of you all don't know what that means, and we never had an inci- dent in this; City and I led the movctment . Let me tell. you something, ,you don't have to get mad with people you get smart. What we did is we found out that the 10 cent stores weren't making any profit and nobody is going to let you head no corporation unless they're making money and we started cutting off the money. We didn't go burn it down, ask liurdines, Burdines wouldn't let us go down there and try on and eat. All I did was at Christmas time I said to them either you do it quietly or. They said to us, the first working day after the holidays and it was done. I'm telling you there is a better way and I'm will- ing to join the group that would go and try a better way. I think, Mr. Mayor, you and I and Plummer, Laca:sa, Carollo, we owe this public out here some .leadership. You should have been at a ,sinner last night, I just well do what I'm going to do now, and you should havo heard what was said - that the leader- ship of this community needs to come wlether. And you should have heard what was said at the luncheon, Chios Brice was there, the leadership of this com- munity ought to come together and give the people some leadership. Leadership implies that the leadership stands today where followship must stand tomorrow, And it is easy to go and get on a big b,ertd wagon and give a soap box speech but it takes some restraint, some ir.telligence and some know-how to do other- wise and lead people. And just remember, and I'm going to end on this, if you lead the people to be disorderly in this they will think that that is the only way that they could get result;, with you. Don't be no fool. People are not foolish, they're not blind and they aren't deaf. nn() I. , , nn ar J .. U. , �' lJ L0�� UK.) Mr. Carollo: if we don't learn from h.-:.story then history repeats itself. Mayor Ferre: All right. Would you no%:/ repeat your motion, Joe, becaus(: I think there are an awful lot of things being read into this motion that really is not.... Mr. Carollo: It's a very simple motion, Mr. Mayor, the motion is that we request - I don't think anyone could object to that word, request- - of. the U. S. Department of Immigration that they act upon the law as established by our courts and the Attorney General, that any refugee that commits a felony or a serious misdemeanor be put in their custody and be taken out of our City and our County. If they want to deport them, if they want to Jut them in a Federal prison it is their problc.m, it is their responsibility but they take the res.,)onsibility of any refugee - again I'll repeat it •- that commits a felony or a serious misc:ameanor, if after they recuive this motion if we do not hear from them by our next City Commission Meeting then I thin:: that we should invmedi ately establish a task force from the City of Miatni, if I may call it that, the Chief, the Assistant Chief, our City Attorney, our City Manager and some members if not all members of this Commission to meet with the appropriate people and then have some eyeball to eyeball confrontations. Mayor Ferre: Plummer, is that the motion you seconded? Mr. Plummer: I only seconded tht-2 motion for discussion. Mayor Ferre: That's what we're in tht middle of. Mr. Plummer: Well. Okay, you know I'm reading something between the lines. Yes, that basically is what I secondec.. Mayor Ferre: Well, I want to say on thu record that I don't read anything betweer. the lines on what I'm voting for. Now there may be people making statements that there are things to be! read in between the lints, I think that this motion speaks very clearly :'or itself and all we're asking is for the head of the INS -in Miami and in Vashington to enforce the ruling; of the A,ttoi-ney General. and anybody who is found to bu a cri:d nal obviously after due process, a misdemeanor and what is the other tieing? Mr. Ca::ollo: A felony or a serious m.tsdemear,or. Mr. Lacasa: After having been adjudi-sated? Mayor ,erre: Well, of course, how else can y,Du, I mean this is a country of constitutional guarantees, of course, it is utter a process of law. That those :individuals lose their status a:_, applicants and that the I.N.S. take them into custody. Now I think that that is something that is drastically needed in this community. Rev. Gibson: Let me ask a question. Mr. Mayor, I'm not an authority on pro- cedure but I'm no fool. have you all set down with the same people that you're going to send the resolution to and told them about your problems and dif- ficulties? Mr. Plummer: That's my point. Mayor Ferre: The question is have )u discussed this with anybody at INS? Mr. Carollo: Mr. Mayor, our Chief Police and our administration have sat down time and time again with peopl­ in INS and they have literally laughed in our facer, they have: not acted u; )n it whatsoavur. in the meantime:, if we talk about leadership for this c,.;ununity then my God, now is the time to be leaders and act upon this so thzi! we could alleviate the dangerous problems that we have in our community. Rev. Gibson: A1.1 right, let au: ask, no accident that I wanted this re)ort while I was present. Chief, if you had that impact or if they gave you a horsing around why didn't you come ,-.ere today in the open and tell us? You see, Theodore Gibson is not a fool. I want to make sure everybody undurstands that. I am saying, Mr. Mayor, wore you a part of the committee? Mr. Fosmoen: Commissioner.... Rev. Cibson: No, man, you're thy. &.,eager, I'm asking the Mayor, I'm a Com- missioner, I'm asking the Mayor. Mayor Ferre: The question is am I fart of a committee------ O C T 0 1980 4 Rev. Gibson: Were you a part of the committee when the Police Chief and some other committee addressed this issue? Mayor Ferre: Father Gibson, I don't know anything about ---------- Rev. Gibson: There you are! Mayor Ferre: Well, let me finish, please. I don't know anything about any committee that addressed this issue. I think the question that Joe Carollo was asking the Police Chief is, and I think the question is, "Does there exist a problem with INS and the application of the ruling of the Attorney General?". Chief Harms: The answer to that is yes and in addition to that, then City Manager Joe Grassie went to Washington on the 28th of August to initiate the process along with Mr. Odic. Since that joint in time numerous meetings and phone conversations have, in fact, taken Ilace and I advised Mr. Fosmoen not long back --------- Mayor Ferre: Between whom and whom? Chief Harms? On the meetings? Mayor Ferre: Yes, that's what Father Gib:;on is trying to find out. Chief Harms: Primarily, I have a memo to that Affect that has been submitted. Let's go back to August 2Bth and that was Grassiie and Odio at that time. Mayor Ferre: All right, Chief, perhaps w: shouLd pass this on to Mr. Odio. Mr. Odic, can you shed any light on this: Mr. Cesar Odio: Yes, sir. On August 28th the then Manager Grannie went to see Mr. Crossland but it was only to regiest from him that refugees that re- fused to resettle out of Tent City would be retained by them and only 15 of them at the most. At that time one of tl.em, or that committed any crimes within Tent City, at that time we had on(, incident of a bottle throwing kind and we removed one person out of there brit I don't think they ever enforced that. Chief Harms: No. Mayor Ferre: That was not the question. Mr. Odio: Subsequent to that, Mayor, there was a ruling on the 30th of September that any refugee refusing to rssettl-3 out of Tent City would be sent to immigration and their parole would be removed. Mayor Ferre: Mr. Odio, we're not talking about that, that's very nice and I think that is a very important bit of news but that's not what this is all about. Mr. Odio: The third one, if I may, wa:; any refugees breaking the law would be detained by the proper authorities, taken to court and then at that point would be turned over to Immigration if they were found guilty. If they were found guilty, however, what happened was they were prepared to enforce this but they had no place to send the refugees if they were picked up because Fort Allen Puerto Rico was the location that was picked to send these refugees and they stopped this measure, that's why they stopped it. Mayor Ferre: I think you mixed apples and oranges, you mixed your metaphores in this one and let me tell you, let's see if we understand this right. Fort Allen has nothing to do with this because it never has been proposed and it is not now a detention center for anybody who is involved in criminal activit- ies. There was a commitment made by th(3 President of the United States in writing to the Governo, of Puerto Rico vo it has nothing to do with this. The point remains the same, the Attorney Ge,teral said in a specific ruling that if somebody violates a law he or she loses the status as an applicant to political refuge. Now, the question is for Father Gibson, has that specific point been discussed by the Chief.of Police, the Manager or the Assistant City Manager with representatives of the Federal Task Force or the INS so that they can get along with the job that Mr..Carollo is pointing out of once these people are accused and processed and adjudicated that they be removed? Chief Harms: The answer to that is yes. Mayor Ferre: okay. ^l' t^Q ' 0.. ; . ►:� 40 Rev. Gibson: All right, let me ask :,other question. Die you all tell us? Chief Harms: Mr. Grassie was aware c it, I don't know if he told you about it. Rev. Gibson: Man, Grassie isn't hero. Chief Harms: Did I tell you? No, si,•, I didn't. Rev. Gibson: Look, the only person ,:;o has to answer to that public out there is the elected official and I'm one c' them - I never knew it. That's the point I'm making. Grassie can't ans%..:r for me.... Mr. Carollo: Father, we have a chai., of command in our administration that a director is supposed to go to the City Manager and the City Manager is sup- posed to come to us. Now if you want to yell at someone I don't- think the Chief of Police is the person to yell at, it should be either the City Manager or the Eormer City Manager. Now if h would have broken that chain of command then you would have jumped on him or '�rassie or whoever -che City Manager would have been jumping on hir. Now the. hc,•.torn line is, Father, that regardless of who told what we have a crisis and we need to vote upon it and do something on it. Rev. Gibson: I call the: question. a call the question. Mayor Ferre: I think, I would hops i lat as we get into the voting o7° this that we do our voting based not on .r,Aividuals or on the emotions of this but on the very simple motion that is bt::::,re us and the premise upon which it is based. Rev. Gibson: I call the question. Mayor Ferre: Call the roll. Mr. Plummer: Under point of persona_* priviledge, read the motion. Mayor Ferre: Will th Clerk please the motion? Ms. Hirai: That a request be made c, the INS in Washington and 'here in Miami that they enforce the ruling of the i.ztorney General and that anybody who is found to be guilty of a felony or a :.arious mi.sdemeanor who is an applicant to refugee status, the status be re:nkved from them and that the INS take them into custody. Mr. Pltunmer: Mr. Mayor, on the reco:d.... Mr. Carollo: Chief, is there anyth.e:g that we should add to that or is that all right? Mr. Plummer: Well wait a minute, ex use; me, :'m out of order and everybody else, the question has been called w.iich precludes discussion. Mayor Terre: All right, the motion ,ias been made, it has bean clarifl0d, call the roll, please. The preceding motion introduced by Commissioner Carollo and seconded by Commissioner Plummer failed to pass :)y the following vote -AYES: Mr. Carollo, and Mayor Ferre. NOES: Mr. Plummer, Mr. Lacasa and Rev. Gibson. O-1 ROT.I, CALL: Mr. Pl,immcr: Since I did not huvo tie priviledge of discussion, I am in favor of the: intent, I `eel a suhst.i.ute could have been offered which I could gave voted for but since I wa, not afforded the priviledge I am forced to vots no. Mr. Lacasa: I fully share the concc,:ns expressed here by thc: City Corranission discussing this question concerning _he matter of raising crime in the City of Miami, however, I do feel that t'r,�2 legal implications that this motion as it has been presented could be very serious. I do feel that more legal research has to be made, I have ;,aen presented w:.th this situation today 15 minutes ago, I haven't had the time -o do the legal research, a lot of things are implicated here including the hu;an rights and the civil rights of people that come to the United States, cons,.quently, due to the fac•: that I don't have enough facts and enough .legal z:search on this I vote no. oC7o11)� Mayor Ferre: I think there is an awful lot of things going on here but I am not called upon just to vote on s(mething which in my opinion makes a lot of sense and I'm not voting on anything but the motion that is before us and I vote yes. Now, Plummer, th( chair will not recognize you for your substitute motion that you said coul,, clarify this situation. Mr. Plummer: Mr. Mayor, some 30 minutes ago I asked what I thought was a very simple question and the more that I listened the more I was right even though I was told no. I expressed the concern of Mr. Lacasa which was not, I think incorporated which would have made it pleasing to him or in his thinking, Mr. Lacasa's concern of due process, orderly process must be. You can say it is written between the lines but I feel that that was Mr. Lacasa's problem. The second thing is, his concern was due process, Mr. Mayor. Mr. Carollo: It was clarified, J. L. Mr. Plummer: Well, it is not a part of the motion, Joe, that's why I asked it to be re -read and that's the only option I had when the question was called. Mayor Ferre: After these people have been adjudicated that committed a felony or------- Mr.'blummer: All right, now that's the point I'm coming to, Mr. Lacasa. If the motion which I understood before, and I did not mean to make fun when I said motherhood, I could vote for a motion, Mr. Mayor, and I will offer a motion at this time the,t we, the City Commission of Miami urge and demand - all right, urge - Okay? Urge the INS to fully comply with the Attorney General's ruling in reference to refugees and criminal activity period. I can vote for theft. Mr. Lacasa: Is that a motion, Mr. Plummer? Mr. Plummer: I offer that in the form of a motion. Mr. Lacasas I second the motion. Mr. Carollo: Mr. Mayor, at this point in time since that was the motion I would like to offer a substitute motion and that will come before the motion that Commissioner Plummer has preselted, including what he is saying with one additional thing included in the motion, that we act upon this at the next City Commission Meeting, if we do not hear anything from the U.S. Immi- gration Department or any other federal authority, that at the next City Commission meeting, November 6th, uo will appoint a task force, if I may call it that, consisting of the Chief, Assistant Chief, the City Manager, City Attorney, and members, or all members of the Commission to meet eye ball to eye ball with the appropriate people. Mayor Ferre: Do you accept that in your motion? + Mr. Plummer: No. The reason I don't... Mayor Ferre: Wait, wait. I'm sorry, Mr. Plummer, we have a... Mr. Plummer: Let me have... Mayor Ferre: ...I'm :sorry, Mr. Plummer... i i Mr. Plummer: He's of:'ered as a substitute. Mayor Ferre: I'm sorry, sir. We have a substitute motion. He made it , very clear. I have to ask for a second. Mr. Plummer: All right, sir. Mayor Ferre: Is there a second to the substitute motion? Is there any questions as to what the substitution motion is? Is there a second? Hearing none, now Mr. Plummer... 'S9 OCT 7,o 1980 istst r'r, Mr. Plummer: Under discussion. Mr. Carollo, let me tell you what, not even needed to be in the form of a substitute motion but within my thinking, intent. That is, that we do nor. hear back by the Gth of November, which is a short period of time, one week, that this Commission will expect it to be on the agenda for r(Laiscussion. And let the administration. ..I don't - want to ruake a threat. c,rhen you put people under threats, they react sometime: adversely. But I would fully .intend that if we do not have an answer back frcm these people in some way, that the administration would in fact, reschedule this as an agenda item on the 6th of November. Mayor Ferre: All right. Further discussion because I think we've taken up forty-five... Mr. Carollo: Yeah, I'd just like to make one more: statement, Mr. 'Mayor, since I like to meet things head on. I'm sorry that I came up with an idea that was for the bettci:rent c)f our citizens. I }:now that scim, of the feelings that have been ex)ressed here has not bean because of the motion, it's been because of ;.he maker of the motion. So I ;ast hope that these nice people that are my colleagues on this Co:rnmisesi.on, instead of just sitting back and not doing a damn thing when our City is going down the tubes, would come up with some nice ideas and I'll be more than happy to second them. Thank you. Mr. Plummer: Mr. Mayor, I don't want to further... Mr. Carollo: J. L., don't play games. Let's vote on the motion, Mr. Mayor. Mr. Plummer: Are you calling the question? 'That's what hanvenr:d before. Mr. Carollo, I was not afforded the opportunity to ask you to consider that by Father calling thL question so I had no other alternative. That's all. Mayor Ferre: Further discussion on the motion? Call the roll, please. Tile following motion was introduced by Corvnissioner Plummer, who moved its adoption: MOTION NO. 80-776 A MOTION OF THE CITY CO3,L,;ISSION OF THE CITY OF MIAMl i FLORIDA, URGING THE U.S. ItM;IGRATION AND NATUFALIZATION SERVICE TO FULLY COMPLY WITH THE ATTORNEY GENF;RAL'S RULING I1,1 R.EF'ERFNCE TO REFUGEES INVOLVED IN CRIMINAL ACTIVITIES; AN:ID F'URThER STIPU1,ATING THAT THIS ISSUE BE INCLUDED IN TEE AGENDA OF NOVEMBER 6, 1980 FOR FURTHER CONSIDERATION BY THE COMMISSION Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES. Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Convnissioner Joe Carollo Mayor Maurice A. Ferre NOES: None Mayor Ferre: All right now on the ... Chief, while you'ru here ... by the way, there are a lot of people here waiting oil other items, we've taken ... we've almost taken an hour. now on this police item which ,)bviously is a very important concern to all of us. We're going to have r_o break for lunch, and I would recommend that we take tip the other items after.the lunch breal•:. Is that acceptable? Does anybody have any 1)roblems with that? "70 .1. . .st oc i' ;7 0 Teo 4 0 Mr. Plummer; Mr. Mayor, I did inform you t.hat I have to leave at the prescribed time of 1:15 and I will be back in approximately one hour and fifteen minutes but I must walk out tho door at 1:15. Mayor Ferre: ...doer; anybody have a problt!rn putting these items off beyond two? Two fifteen? All right-, before we break up, on the police matter, Chief, the City of Miami Beach in the last few days passed a series of laws, including a frisk and search, vagrancy laws, gun control ordinance, curfew. Now, I've read them. I've not read them in detail. They all seem unconstitutional to me as the Supreme Court of the United States ruled in, what was it? 1956 ? When was that, George that they stopped that... Mr. Knox: 56. Mayor Ferre: Yeah. So now the question that I have on this is would you, Chief, with Mr. Knox between now and November the 6th look at all the laws that Miami Beach passed. I don't want to get into a name calling and jursidictional thing because they're entitled and they have a right to do what they do, and I don't want to say that what they did was wrong or right, But I do) think that if any of those laws that they passed meet the Constitutional test, I am a strong believer that I would certainly like to (Jo back to some of these things like ... and I saw Kenny Meyers here. I hate to tell him ... I happen to have been one of the people who made the mistake of voting for the Meyer's Bill to say that drunks are no longer criminals and that that's not a criminal act. Whereas I tnink it's a very nice liberal idea who had a lot of m,.!rit, in practice it harn't worked out, Kenny. I'm talking about your. ..the rieyer.';ibill whi(-;h was a great idea at the time but it hasn't worked out. And it hasn't worked out because the state of Florida has not given us the funds with which to take care of these drunks and put them throuc;h the correctional process. So what we have is a hiatus. We have a situation where the drunks are no longer hauled into court as criminals but they're not taken any where else. So what they do is they just end up continuing their drunkenness and their panhandling, and their criminal aci ivities which is really impacting tremendously on the .ielfare ()i this community. The question, therefore, is would y,)u please look at all these laws that Miami Beach has passed and see if you Chief, and you Mr. Knox and the Law Department can put any of these together that might pass constitutional muster that we might want to look at. I'm afraid that all of them will probably be thrown out so I think we ought to take a good look. Mr. Plummer; Mr. Mayor, I would like before you conclude the police portion.., Mayor Ferre: I'vc: got one last statement which deals with all this. And that is, no I guess it really isn't so ... because mine is CETA. And I want to put a law suit against the government on their not counting the refurlees in our Cr;TA allocations which is really impairing our ability to get....that's cheating us out of hundreds of thousands of dollars in the City of Miami.. Mr. Plummer: Wouldn't that be incorporated in the law suit that you',re proposing against the Census. Wouldn't: that be the same? Mayor Ferre: No because this .is anotho r department. This is the Department of Labor. That's the Uepar,anent of Commerce. But that's not a police matter so you go ahead, J. L. Mr. Plummer: Mr. Mayor, it way at my (:(:quest the Chief be put on every agenda for the foreseeable future. Ani I guess what I really was to scare the pants off of him. I don't. want him running around naked. I would suggest at: this time, that we itow reduce that down to the first meeting of every month and let him supply to us a report an the off meeting, or the other meetings that we might have. The steam that turns the whistle never turns the wheel and all of this high priced help that we have here could be put to better use. So I would suggest ■ ist OCT 01980 Mr. Plummer (continued) : at this time, that: we reduce the Chief s appearance here to once a month. And I don't think it ever, takes a motion unless there is an objection. Mayor Ferre: All right. Is there anything else on the police matter? Mr. Plummer: Chief, you will come back to us, hopefully, on that proposal of additional personnel at the first meeting in November? Chief Harms: Yes, that proposal.... Mr. Plummer: No, the incorporation of possibly firemen. Chief Harms: Yes, sir. Mayor Ferre: Jack, were you able to ::larify the question of your position with regards to the court matter? Mr. Jack Sullivan: Yes, Mr. Vayor. The attorney did file a telegram. He's been instructed to file another telegram rescinding the first one. Mayor Ferre: Good for you. Mr. Plummer; Father, make your statement. Father Gibson: I said, sir. I want you to be here. See, this is the kind of thing I'm talking about. Everybody will call you all a group of SOB's. You know, this gentleman came right here earlier and when he was told the situation, regardless of what happened in the past, he said, this, was done and I did not know it. And he agreed and went out just like that and solved the problem. .this was what I was alluding to in the matter that we just got through discussing. And I want to congratulate you, s-r. I know how pi:ople feel about the police. Okay? And especially after the ... 1 want you to know that I'm a grateful man. That we got it done with little, you know. Thank you very much. Mayor Ferre: All right now I'll tell you. Before we break up, I would like to point out to the members of the Commission —this is very quick I think. The Department of Labor has been requested, Father, that they include the refugees in the count- for the distribution of funds for CETA. They have now, officially refused to do that. So it is now a matter of record that they have been asked nicely. They have also in a very nice but firm way said no. Now, ros;noen, since you are involved in the South Florida Consortium for CETA, thLs community is being left out of Federal funds because of the refusal of the Department of Labor to accept that we have a serious problem. Th.-it means that those people that we are traning in the black and in the Cuban community are in effect being cheated out of proper opportunity for training because there are those that are requesting those same funds that are competing and the Federal government is not taking that into account. And I think that is disgraceful, I think that is unfortunate, and I think you should write them a very strong letter and inform. them, and I would like to make a motion here. That you inform them that it is our intention to put in a, law suit to claim, unless they reverse their position, and give them thirty days to do so, I would like to make a motion that you be instructed, hopefully, in conjunction with Metropolitan Dade County and the rest of the membt-rs of the: South Florida CETA Consortium to put in a law suit to the Department of Labor so that they will accept the formula which is depriving people of proper training so that they can be gainfully employed. And I so move. Mr. Lacasa: Any second? Father Gibson: Let me ask. You said you have already talked with them? Mr. Plummer: You have talked with them? Mayor Ferre: I will repeat my statement, The: Depart-A-nent of Labor has been th�d 1 n ist 0Cj" 17 01980 Mayor Ferre (continued): requested by the South Florida CETA Consortium, officially, to include the one hundred and twenty-five thousand (125,000) Cuban refugees, of which eighty thousand (80,000) are in Dade County and thirty thousand (30,000) Haitians in the population formula for the distribution of CETA funds. Now given that, they have rejected that officially. Now, my motion is predicated on both of those premises. That if they have been requested, and if they have in fact rejected the request, that you write them a :.etter, for the City of Miami, or hopefully, for the Consortium, ask.�ng that they review that position and change it. Absent that, in thi:-ty days (30) I think we should, because the money is going out, that we should forthwith, put in a law suit to have them distribute the money taking into account one hundred and thirty thousand (130,000) new people in this community. Father Gibson: Mr. Mayor, may I ... I would rather than a law suit, we'll seek redress. That implies... Mr. Plummer: That's the point I'm trying to come to. It's then not a threat. Father Gibson: Right. Mayor Ferre: I will accept the amendment and say redress. And Mr. Manager, would you schedule this for the meeting of November the 26th, at which time, if we have no redress, it is my intention to make the motion once again to institute a law suit. All right. Mr. Lacasa: We have a motion amended and a second. Please call the roll. The following motion was introduced by Mayor Maurice Ferre, who moved its adoption: MOTION NO. 80-777 A MOTION STIPULATING THAT, GIVEN THE U. S. DEPARTMENT OF LABOR'S REFUSAL TO INCLUDE THE NEWLY -ARRIVED REFUGEES IN THE CITY OF MIAMI IN THEIR DISTRIBUTION FORMULA FOR C.E.T.A. FUNDS, THE CITY ATTORNEY IS HEREBY INSTRUCTED TO IMMEDIATELY WRITE A LETTER TO THE DEPARTMENT OF LABOR REQUESTING THAT THEY REVIEW THEIR DECISION IN CONNECTION THEFEWITH AND SEEKING REDRESS FOR THE CITY OF MIAMI; FURTHER STIPULATING THAT IF NO REDRESS IS GRANTED TO OUR CITY WITHIN THE NEXT 30 DAYS, THAT IT IS THE CI'n COMMISSION'S INTENTION TO REVIEW THIS ISSUE AT ITS MEETING SCHEDULED FOR NOVEMBER 26, 1980 FOR FURTHER ACTION Upon being seconded by Commssioner Letcasa, the motion was passed and adopted by the following vote:: AYES s Commissioner J. L. Plunuier, Jr. Commissioner (Ruv.) Theodore R. Gibson Commissioner Joe Carullo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None FOLLOWING ROLL CALL: Mr. Plummer: Mr. Mayor, may I request before we break, I haven't heard any discussion around here, or I've heard very little discussion, one of the most important things that i:; coming down to the wire, was very well discussed at the Florida League Convention last weekend, I want the administration after we come back this afternoon to be prepared to tell this Commission what'they are doing to actively pursue the refunding of Federal Revenue Sharing. I've not heard much conversation. I want to know, one, that the plan they are pursuing, if they have a plan, is iflt 0 4 T 701980 C\ Mr. Plummer (continued): adequate, and if not, what this Commission can do to try and help implement t:ie reenacting of that Federal Revenue Sharing. It is to the tune of thi:5 City of eight million dollars ($5,000,000). I think that's worth fighting for. And I hone you'll be prepared this afternoon to address that problem of what you're doing, what we can do, � and what we jointly can do togethec to go down and try to get that thing passed. WHEREUPON THE City Commission recessed for lunch at 12:55 P.M. and reconvened at 2:22 P.M., with the following members of the Commission found to be present: Commissioner J. L. Plurnsier, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: Commissioner Joe Carollo Vice -Mayor Arm,::ndo Lacasa RESENTA-1. , Presentation of a PROCLR;T.,V.TION to JACK SULLWAN, President of the ION. Fraternal Order of Police, des;.,hating November 2, 1980 as "POLICE APPRECIATION DAY." RESENTA-2• Presentation of CU-t-ENDATIONS to `IR. TH3 S R. BO.,t4R, President of ION. Amerifirst Federal Savings and 'Loan Association, and to MR. ARISTIDES MkRTINEZ, President of Ma•rbilt General Contractors, Inc., -for their contributions in making the Ci,_y of Miami's Homeownership Assistance Loan Program a success. RESENTA-3. Presentation of DISTINGUISHED VISITOR SCROLLS to a group of journalists ION. from abroad visiting several U. S. cities as guests of the Federal Government: R4DU BU.)EAN'U, RoLpania MIHAILO KOVAC, Yugoslavia TONY Mt LLIA, Malta RAF AEL FARO, Finland ERNST TROST, Austria RESENTA-4. Presentation of CQ`•:�aTATIONS and CERTIFICA ErErS OF APPRBCIXfION to various ION. organizations and individuals who assisted the City of Miami's Police and Fire Departments during the May 1980 Disturbances. RESENTA-5. Presentation of a PROCLAMATION to Messrs. JAIMES EISEN'H01%M, H.,L\N MkTSON, ION. and ROGER MORIN of the Telephcne Pioneers of America, designating November 1, 1980 as "TELEPHONT. PIONEER DAY." RESENTA-6. Presentation of a CQN',0,-DATIO\ to Mr. PAY VEI..4SQUEZ, Mrs. JOSFPHINE ION. VF:I..4SQU*EZ and Mr. IRIVIN G. CHRISTIE for the BIG TRAVEL CLUB, in recog- nition of ;.heir efforts in the expansion of.the tourist industry in S Florida. ' . JC C 1' �C 1930 PRESENTA-7. Presentation of CERTIFICATES OF APPRECIATION to 1ANIEL K. DDU CELL, Senior rION. Vice President -General Merchandise Manager of Jordan Marsh, DAVID SHAY. Division Merchandise Manager, Decorative Home Furnishings of Burdines, in recognition of their contributions in the development of trade and commerce between the 'J.S.A. and Latin America. NO SHOW 8• Presentation of a memento to MAYOR MAURICE A. FERRE by Mr. Raul Monne, President, Mia-Fla Sports, USA, Inc., in recognition of the Mayor's support and interest in the sport of'soccer. 35 & 36 COMMISSION ACTION RESTATING THAT ANTtrNIO MACEO PARK (OTHERWISE KNOWN AS DOMIIJO PARK) SHALL RERAIN OVEN; AND TWO, DIRECT ADMINISTRATION TO INSTALL CRIPti; LIGHTS, 110 PARKI14G SIGNS, FENCE, ETC. IN THE PARK; EXPANSION OF DOMINO PARK Mayor Ferre: Joe, do you want to take up the Antonio Maceo Park first? Or do you want to take up this taxi cab situation? Mr. Carollo: Mr. Mayor, we could, if we could take the Domino Park, Antonio Maceo Park first, I'm sure the taxi cab people won't mind waiting another fifteen minutes. There are a lot of elderly people waiting here for two or three hours. Mayor Ferre: All right. Take up itern 2 (b). Senior Maneul Lobo and Senior Felix Montero. Ladies and gentlemen, we're going to have to do most of this in Spanish. So those of you that do not understand Spanish, Mr. Manager, would you get a translator in case we get into trouble here? I recognize Commissioner Joe Carollc. Mr. Carollo: Mr. Mayor, basically I think the Commission is aware of the concerns that have happened in Antonio Maceo Park, Domino Park. We've been having a wave of crime there an(i a lot: of the merchants have been complaining. I havo gone there, personally, and spent an extensive amount of hours there. I brought representatives from Florida Power and Light, Carl Kern, the Park Director. I came there and two assistant Chiefs, Chief Cosgrove and Breslow have come there. I would like to present after the discussion, some alternatives that I think we could implement, some which have been.implemented already, and some which we need to implement, and some to enforce that I think would calm the situation there drastically. I side with a majority of the people that use the park there for good purposes that that pack should not be closed like some people have suggested it should be. Et would be a crying shame the day that the City of Miami has to close a spark because we cannot adequately provide police protection to it. Mayor Ferre: Just for the record, Joe, I might say that I was one of the people that at first thought that closing the park would solve the' problem. But I went out there.and talked to the people like you did, and I agree that that is not the solution. That was a ... you don't solve problems by closing down parks. Mr. Plummer: Well let me just ask a question. Mr. Mayor, it's my understanding now that all parks uniformly close at ten. Mr. Fosmoen: That's correct. Mr. Plummer: So how does this affect ... you know, I understand what he's saying and I don't have any problem with it but how do you single out one without the others. And I think that's what the main consideration will have to be. 75 0 T 3 01980 i st ,; Mr. Carollo: Well this is why, Mr. Ma}:)r, I said after discussion I'm, going to present some things that I thank need to be implemented, including that andthen the Commission can decide chat coursu it wants to take. Maybe in the meantime, we can let the _�ople that are here express their views and also, if there is anyone her: that is for the closing of the park, we should extend that right to t'em to speak also. Mayor Ferre: Okay, let's get on with the dicussion very briefly. Mr. Maneul Lobo: (THROUGH INTERPRETER cESAR ODIO): Good afternoon, I'm Maneul Lobo. Mr. Fosmoon: We can either try and do a simultaneous translation, or I can have Mr. Odio simply summarize his cora;ents. Mr. Lobo: I live in 15 Noviedo, Coral Gables. I am very happy to play dominos at 6 and 15t-h because all... Mayor Ferre: Speak in Spanish. Say i. in Spanish. Say it in Spanish and then we'll translate it. Mr. Lobo (THROUGH AN INTERPRETER): We are very great.`.ul that on our last days that we're getting old, that they have a place like Domino Park where we can play at night or during tie day. Mayor Ferre: All right, Commissioner 'arollo. Mr. Carollo: (Commissioner Carollo asF:3 in Spansih if there is anyone else wishing to speak on the issue). Mr. A. P. Rodman: Mr. Carollc, my nar is A. P. Rodman, i liv_: at 2278 S.W. 16th Avenue. The issue hc-re is that this gentlemen ar-� worried because they say they are try.i.lg to close the par}: on them. This park is attended ')y eighty percent (8(0 of pensioners and a few young people, inciuding myself. We g ther at this park to play domino, chess, sometimes cards, things like t}at. In the past, if you might allow me to read this to you first. This des given to me so I'll just have to comply with it. It says, "The Cormissioners of the City of Miami had the initiative of building the Ma,eo Park.... Mr. Plummer; Sir, we all have a copy of that. Mr. Rodman: All right, so you don't ant me to read it, Fine. Now the thing is this. The police have c(mplained that certain incidents have taken place. There has been a l the trouble in the park but it has never been in the park itself:. It ha:; been in the parking loot belonging to the cinema, it's been across the street. And on a couple of ocas5ions I have been there, and I have assistei the police with as much information as I could gather. So I don't see ho,.i they can single out the park, or make it reflect on us, problems that :ake place across the street or in the parking lot. Several of these gentleman have had their cars broken into. My girlfriend has bean offends1 there before, but never in the park. It's always been fifty yards or one hindred yards away. So I put it to you I don't see why it should be sing-ed out. Why should it be our fault or the parks fault? Okay? Thank you very much. (APPLAUSE) UNIDENTIFIED SPEAKER: (STATEMENT GIVEN IN SPANISH AND NOT TRANSLATLD FOR THE PUBLIC RECORD) Mayes Fu rre: (STATEMENT GIVEN IN SPAR:ASH) Ladies and gentlemen, for those of yos that don't speak Spanish, I'll very briefly say that we're so concerned with the crime problem in 2:iami that we're thrashing out for all types of solutions. Some of which may be feasible and some that may not be feasible. Central Park does close down at night, in New York City. i3ecause a gentleman said the Mayor of New York would never think of closing dorm Central Park. Well the fact is, the: mayor of New York di.ci thin: of closing down Central Park and did close down Central Park. And Central Park'is closed at night, So that's certainly not a very good example. We don't want to do what New York had ist 0 0 Mayor Ferre (continued): to do and close down their parks. And I think we really need to go that extra mile to figure out ways so that we don't have to close down these parks. However, if crime is not abated, and if we have muggings, raping, killing, muggings and all types of crimes perpetrated in these open park areas, then we have no choice but to close down these parks. I hope that we can find solutions so that that unhappy event will not occur. Are there any other speakers? If not, I'd like to recognize Commissioner Joe Carollo. Mr. Carollo: (GIVES BRIEF STATEMENT IN SPANISH. ) Mr. Mayor, what... to translate what I've stated, I think the first step that has to be taken now, myself and yourself have, expressed their feelings that the park should not be closed. We need to have a majority of this Commission in favor of that, and I think that the Commission should go on record, one way or another, to establish whether we're going to close the park or not. Mayor Ferre: ,Toe, let me recommend,urocedure, there is no motion to close the park. And the administration is not recommending that the park be closed. So let's...I think the way to do that is to do it in reverse and ask... Mr. Carollo: The motion that I'm going to make is just that the park stays open. Mayor Ferre: It is open. Mr. Carollo: Stays open since th(:re !ias been a lot of talk from different groups that want it closed down... Mayor Ferre: You...I will... Mr Carollo: I want these people to leave here knowing that the Commission, or at least the majority of the C:)mmi5sion feel so strongly that they have gone on record stating that. Mayor Ferre: I've got no problem with recognizing you for that motion. Let'S do one at a time. All right. There's a motion on the floor that the Commission go on record that Domino Park not be closed down. Is there a second. Mr. Lacasa: I second the motion. Mayor Ferre: All right, is there further discussion on the motion? Call the roll. The following motion was int.rodticed by Commissioner Carollo, who moved its adoption: MOTION 110. t�0-778 A MOTION STATING THE POLICY OF THE CITY COMMISSION THAT THE "ANTONIO MACEO PARK", OTHERWISE KNOWN AS THE "DOMINO PARK", SHAhL REMAIN OPEN Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote:: AYES: Commissioner .7. L. Plummer, Jr. Commissioner (Rov.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Arm-indo Lacasa Mayor Maurice A. Ferre NOES: None '77 OCT 01o%r) ist i ON ROLL CALL: /,� Mr. Lacasa: In voting, I want to make a statement. (GIVES STATEMENT IN SPANISH) ...and I vote yes. Mayor Ferre: All right, Mr. Carc!lo, your next motion. Mr. Carollo: (STATENIE,;'i' GIVER! IN SPANISH) . Mr. i`:ayor, after going to Antonio Maceo Park, or as its known, Dominio Park with representatives of Florida Power and Light, our Parks Director, two of our Assistant Chiefs, some of the things that %,,ere recommended to me by all of these people and I picked the recommendations I picked of some or all of them. They are the following, and I would like to first of all, discuss this with the Commission and then a`.te:r discussion, make it in form of a motion. Some of the things that I think are needed there; number one, we need to establish crime lightr,, about four of them in that area so that at night that area is well lit so that we don't have some of the problems that have been happenin(.; there and; two, co that the Police can be helped more in enforcing the law there:. The other area that I want to include in -the motion, tho se(:ond point is that in the side street of the park, that whole street, .:.o put up no parking signs. I understand that there were some there befog• but they were torn down. This prevents a lot of the young hoods that co:..c there and park Lheir car there and try to sell stolen goods, or stolen ::urcotics, or what have lieu, from parking there. if they are parked there then the police can act upon t:1at. And these are enforcement lowers tha-. %qc're giving the police and helpin, them to control the situation. ";1re C, the parkincj lot behind the park, I understand, is owned by Wometc.,. We have: some City ordinances, to my understanding, pertaining to ;Narking 'lots. They have to be properly attended to and properly lighted at night. That parking is dafinetly not. There's only one light. The others ai:'e broken and the one light that you have, the trees are blocking the flow of the light so it really it's not doing any good. That s;;ould be enforced ii;unediately because: it's really where the majority a:' your probleri' is in that area. Fourth, I think it would be advisable, ,ind this has been some of the complaints that we've been receiving from sc.,me of the people there, that at times becausu the park is small, and so many people attend it, it's probably the most used park that we have ,.n the City of Miami, that a small wooden fence, or any material tllit would be appropriate that would blend in with the community then:: in t:.e park, be put around the park with an entrance on the side street. '1'hAt would eliminate the problem of people blocking the sidewalk on <th street. At the same time, when the park is closed in the evening, i° anyone goes in that par.}; that would give our police officers the ,low)r to make any arrests they have to them. Last but not least, one of the other things that we need to do, at least for the present time, to have our Police Department have a close watch of the area, which they have been doing. The Chiuf has assign,�kl a special unit to patrol the area and I think with these things the problems there could be cut down drastically and it would give our Police Department some power in enforcing the laws there. The last thing that I want to mention is what was discussed earlier, and that is the hour that the park is supposed is at 10:30 in the evening. I feel since: all. our other parks close at 10:00 in the evening, that we should establish the same . rule and close it at 10:00 in thi evening. This way, this would conform to the same: time that all the parks close. Mayor Terre: All right, is there: a second to the motion with six points? Mi. L'acasa: Second. Mayor Farre: The motion has been seconded. Is there further discussion? As I understand, the six points i:re one, night lights; two, side street no parking signes; three, parking lots 1:0 be properly lit in the surrounding area; four, a fence ..o properly demarcate the park; five, police watch and protection in t'ie specific area; and six, closing the park at 10:00 P.M. OCT "' 01990 tut Mr. Carollo: All right, now that fence should have only once entrance on the side street. 0 Mayor Ferre: All right, is there further di:;cussion on the motion as made? If not, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION N). 80-779 A MOTION OP THE CITY C014MISSION DIRECTING THE ADMINISTRATION TO TAKE THE NECESSARY STEPS TO ACCOMPLISH THE FOLLOWING: 1. TO INSTALL CRIME LIGHTS IN TtE DOMINO PARK AREA 2. TO PUT UP "NO PARKING" SIGNS ON THE STREETS ALONGSIDE THE PARK 3. TO BRING THE PARKING LOT BEHIND THE DOMINO PARK (WHICH IS OWNED BY WOMETCO) UP TO CODE WITH RESPECT TO PARKING LOT LIGHTING REGULATIONS; 4. TO PLACE FENCE AROUND THE DOMINO PARK PROPERTY TO PROPERLY DEMARCATE SAME, WITH AN ENTRANCE ON THE SIDE STREET ONLY; 5. TO INCREASE POLICE PATROL OF THE GENERAL AREA SURROUNDING THE DOMINO PARK, AS A DETERRENT TO CRIME; AND 6. TO CLOSE THE DOMINO PARK BY 1.0:00 P.M. EVERY NIGHT Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummor, Jr. Commissioner (Rev.) Theodo:ce R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre Mayor Ferre: Is there anything else on this item? Well I have an item, a motion on this. I think that this park, Mr. Fosmoen, should be doubled in size and I'm tired of recommending to your predecessor and to the Parks Department to get on with the job. This has been in dicussion now for four (4) years. Some of us that ran for public office November a year ago, made a commitment. That commitment has been transferred. Commissioner Armando Lacasa and I, not five months ago, a year and five months ago went to that park, paced out the park, took Raul Alvarez the architect with us. I insisted that Joe Grassie go. Joe Grassie looked at it. We were going to commence negotiations with Wometco for the purchase of the lot. The Santiagero's, the old municipal house of Santiago de Cuba was then moving out. We were going to buy that little piece and put at least two or three more covers so that the chess players could play. A year and a half has gone by and I haven't heard one peep from the Parks and Recreation Department and from the administration. And I just want to put on this ... I want to put on the agenda right now, that you come back with a total plan for the commencement of construction by the first of the year. I want you to do it that quickly. Okay. Now do you need a motion to that affect? That's a commitment that the majority of members of this Commission have made over the past years which, with all due respects to your predecessor, no work has been done on. Or no substantive work has been done. Mr. FosmOen: Perhaps a motion would be'useful in order for us to initiate any condemnation proceedings that are necessary. "79 OCT 01980 ist E- W Mr. Lacasa: I would like to make the rio•tion, Mr. Mayor, in the sense that you have expressed. (AT THIS POI:.T, C0I,:.N17SSXNER LACASA MAKES STATEMENT IN 'SPANISH) . I make that mo .ion, F•ir . Mayor. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the poll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION No. 80-780 A MOTION STATING :'i(L: INTENTtION OF THE CITY CORMISSION TO DOUBLE iN THE SIZE THE "ANTONIO MACL.O PARR", OTHERWISE KNOWN AS THE "D:,M' 0 PAi<ri", AND RL9UESTING THE ADMINISTRATION 7b C0:.1:, BACK 87,.' THE FIRST OF THE YEAR WITH SPECIFIC PLANS POR COMli,:i,*NCEMFNT OF CONSTRUCTION Upon being seconded by Con=iss:,aner Carollo, the motion was pasLod and adopted by the following vote: AYES: C0=1issiont.:r J. L. Pluinur,. r, Jr. Commissioner (Rev.,' Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Ar•nando Lacasa Mayor Mauricu A. Ferre NOES: None FOLLOWING ROLL CALL: Mayor Ferro: (GIVES BRIEF STATEMENT IN SPA:;ISH) 37. n CtS� SC ti EF�Jt pr-E ] D�=,L�Ci':iLl: ie�LU� ::E�HGJSUV2'6H41, `, Co""UNI�i'Y COOPERATE IN BLOOD DRIVa; AP?,,.':}NT CITY MANAGER AS COORDINATOR; DL•'CLARE JANUARY "MUNICIPAL BLOCD DONOi� M01.1 'ri" Mayor Ferre: All right, we next have item 2 which is Doctor Peter A. Tomasulo, Director of John Elliott Community Blood Bank. All right, would you please step forward, please. Doctor. All right, Doctor, go right ahead. These people are moving out slowly. Dr. Peter Tomasulo: My name is hater Tomasulo. I'm the Medical Director of the John Elliott Community Blood Center and I'm here to ask -Cho City Commission of Miami for help in improving the health care which is offered to patients in the hospi.tals of Miami. John Elliott is the corvnunity blood center which supplies; all a:' the blood to all of the hospitals in Monroe County, all of the hospitals in Dade County save one, and eight (8) hospitals in Broward County. We are an essential pare. of the health care delivery system of South Florida. We supply every hospital in the City of Miami.. Right now the blood which wo supply i, :seventy percent... seventy percent (7056) of it canes from paid donors, Paid donor blood causes hepit-itis more fre(.1uently than volunteer donor blood. And... Mayor Ferre,: Doctor, what is it you want its to do in particular? Dr. Tomasulo; I would like you, to make a ;)reclamation sup )ox ti- the City employees sponsoring blood•dr.Lves. I'd like you to open the door to ist 4- f Dr. Tomasulo (continued): every agency that the City has to sponsor blood drives. And I would like you to appoint a decision making person to monitor the progress of our blood drives and to see to it that our goals are met at every blood drive we have. Mayor Ferre: Doctor, I think the way to do ,:hat is to appoint the City Manager who is the Chief Administrator of thy: City, all these employees, other than the Law Department and the Clerk's Office work for him, and you couldn't have anybody better than the City Manager. So let me appoint the City Manager to be the coordinator. And I think that I'm sure I speak for all the Commission, that you have our total support and endorsement for the John Elliott Community Blood Center. Dr. Tomasulo: May I make one more request? Mayor Ferre: Yes, sir. Dr. Tomasulo: January is traditionally made the National Blood Donor Month, usually from the Executive Branch of the Federal Government the proclamation is made. I would request that Miami also declare January the municipal blood donor month, and that tr,e City Commission sponsor blood drives. Maybe the City Commissioners and the Mayor himself could donate blood and help us teach the community about this important need. Mayor Ferre: We're going to volunteer. I've got several people I want to volunteer for that. Now can I tell you how much blood you can draw? (LAUGHTER). Okay, is there a motion that we declare January... Mr. Lacasa: I move, Mr. Mayor. Mayor Ferre: Is there a second? Father Gibson: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 80-781 A MOTION OF THE CITY COMMISSION EXPRESSING THEIR FULL SUPPORT AND ENDORSEMENT OF THE JOHN ELLIOTT COMMUNITY BLOOD CENTER AND REQUESTING ALL CITY EMPLOYEES TO SUPPORT AND COOPERATE IN THE BLOOD DRIVE; FURTHER APPOINTING THE CITY MANAGER AS THE CITY'S COORDINATOR FOR THIS PROJECT, AND FURTHER DESIGNATING THE MONTH OF JUANUARY AS THE "MUNICIPAL BLOOD DONOR MONTH" Upon being seconded by Commissioner (;ibson, the motion was passed ana adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None )81 3st OCT 3 01980 r INSTRUCT CITY ATTORNEY TO AM! ND PIr'.tTI1E NT SFCTIOi' OF CITY OF f 11A1 2 38. CODE DEALING WITH ISSUANCE 01 CERTIFICATES OF PUBLIC COi%iV 2IIENCE AND NECESSITY Mayor Terre: Item 2(a) which is the personal arpeararice for Mr, Candido Sierro representing the taxi cab c.rivers. (APPLAUSE) Go ahead. Mr. Candido Siorro: Candido Sier o. M1 a-Jiiress, 1833 N.W. FlaVlcr Terrace, apartment 4, Miami, Flor:.&A. j . code 3: 125. I come here to denounce the unjustice that they u?( daing the taxi cab Driver.;. I represent the taxi cab drlvo s... -(APPLAUSE) ...it's 1 nbc!li.cvc ub ., such a thing to happen here. A United Stutc:s, a .country where justicr: and yaw are laid. out for everybody. ItIn unbelic•„o.:ble that such a tstlnq happen here. We have to pay for the lease.:� witn a .axi cab permit betwcon one hundred and fifty dollar:;, anc, sometimes two hundred and fifty dollars. It's unbelieveablu to think that just only a fuw quys, six, seven, ten guys, that they monol,,oli.z� all the perraits.... (APPLAISE) ... Them the guy that hits the street that has to work thirteen, fourteen hours sometimes, to make a decent living. Ae's not able to have a City permit because we have to pay for such a City permit thirty-five thousand dollars ($35,000), or for,-y thousand dollars ($40,000), (APPLAUSE) Because they are City property, they arc., making money with City property. I understand that the City pawait.:, on the taxicab: belongs to the people that work... (AT THIS POINT, APPLA„SL FROM, THi AUDIENCE DROWNS STATEMii:NT) . Nobody is allowed, I beg you, to :,.:,nopoli<.e in this country. The City permits on the t<<x:tc;,ib, The City permits of taxi cabs belong to the City. Even us, we are w—li.iq to propose some r.come to thu City. The City want to make money with us. So fc:_ now, the City is making just one hundred and fifty dollars ($150.0,1) r:or the first tr,xi. permits. That is the master permit.. And there is twenty dollars ($20.00) additional for each cab they keep in the sdm,. 4-.irra. Now, we are willing to pay to the City forty dollars ($40.00) a week for using the permits. (APPLAUSE) Mayor I•'evre: (BRIEF STATEMi NT IN SPANISH) . 'Let 1ne repeat it in English now. I really don't think that applause and booing or cheering really influences anybody. I think, on the contrary, what it does is it increases the level of apprehension. And I think the end result is just the opposite of what you think it is. And so i would really like to ask all of you that we approach this serious matt(::r with calm and with a sense of justice and with a sense...and with cor.mon sense. And I would like for you to help and cooperate. Let's hear: wham: he has to say, and let's hear what others have to say and jive uve::ybody an equal opportunity and treat everybody equally. Okay? Mr. Sicrro: Pl;;at I try to say, .,Lr, that such a permit that I am asking for for the guy that is driving on the street, we are willing to get those permits and even to pay to -Lhc City forty dollars ($40.00) a week for such a permit to use that permit. that the City is going to have some income. That income if; to be almost close to one million dollars ($1,000,000) for the City. The C.i.ty can even hire more police officeis or more fire fight:rs or for whatever the City can use it. And then now, if you take such a douision for the City cab drivers, the one that is in the street thirtcun, fourteen hours, and the only thing that wu are asking .i.s justice, to make a decent livi.nq for us all. To pay the rent, to take the bread, the good to our house and not to be abused, or theca .abusing us. Because we liivu a lea.:,u, And then the guy that give us the lease, one of these days he say no more, and you are out and you cannot drive anymoru. Evon some times the Conunissioners get togethcr hero and they raisr: the rare of the meter. When you raise the fare of the mister, probably you are thinking to help us because when you help, you &4y well, taxi. cabs have to pay more for the gas and more for the tires. !tight? You -.think so? On the contrary. On the contrary because as soon as you raise the fair on the meter, they raise 8 _ rJ OCT o 1980 6 6 Mr. Sierro (continued): the lease on us. If we used to have one hundred and sixty-five (165) we have to pay one hundred and eighty (180) or one hundred and eighty-five (185) a week. Now, if you take some solution, some decision about that, think about how many people you are going to get hurt. How many are going to get hurt? Five, six, seven, eight or fifty. How many thousands are you going to help? Thousands of people that are going to make a decent living to take his bread to his house. For finish now, remember this. It's government, it's the government under people, by the people, and for the people. (APPLAUSE) Mayor Ferre: All right, anybody else wish to make a statement on this? This is not a public hearing. This is a personal requested by Candido Sierro. And I'm going to let one or two more speakers and that's it because otherwise, we'll be here all afternocn. We've got other agenda items that we've got to get to. Let's get down to the specifics. Two more speakers, that's it. Mr. Danny Rosenburg: My name is Da;,ny Rosenburg. I'm a resident of the City of Miami. I own a city cab. Vien I came here to the City of Miami five years ago, I took all of my life savings and bought a city cab. And I work it to earn a living. And the same is true for anybody else that wants to earn a living in the City o' Miami. A lot of people are talking about giving away for these eases. We work hard for these cabs. I work sixty hours a week to ,yarn a living and no one gave me anything. I saved my money. No one :ells these gentlemen to lease the cabs. They do it because they want :o do it because it's a way of making a living. And I don't think the Cit/ of Miami can give anything away. I don't even think the City of Miami should open up for more permits. As of now, according to our populatiin in the City of Miami, we have two hundred more permits than are legally allowed in the City of Miami. And any thought of doing this would oe a disgrace and an outrage. Therefore, I think that the Commissioners shou]3 take into consideration the people who have all these permits. I only awn one permit. I don't own forty of fifty, and I don't think mc3t of the people I know own forty or fifty. Mayor Ferre: All right. Next spea}er. Mr. Candido D. Loga: My name is Candido D. Loga. I live at 1350 N.W. 53rd Street. I've been a resident <f this city for twenty-six (26) years. And right now I'm involved .:n driving taxi cabs from the airport. And I represent the Association of privets from the airport. And I came here to you to tell you that we, thk. drivers, we are the one that need to have those permits. We are the i-nes that work, we are the ones that get robbed, we are the ones that ge. hit on the, head. Without protection, without nothing at all. So we are he ones that need it. We don't want you to give it to someone else that already have it. We want to have it. The one that drives, the one that goes out there and gets hit on the head and gets robbed, and then have to give that money when we get robbed to the owner of the cab. Okay. Mayor Ferre: Thank you, sir. I don't think that any more speaking is going to make any difference here. We have both positions exposed. There's a group of people here who want the City of Miami to open up the licensing to anybody who wanks to get a license, I would imagine. Or one hundred or two hundred licesies. Weive been in the middle of a court suit with the lc:gislatur: dealing with the authority, to license taxi cabs. It is my understanding, Mr. Manager, and Mr. Knox, that the whole point is moot anyway because the Supreme Court of Florida ruled against the County on a technicality but thatevidently once the technicality is corrected ind they pass the proper resolution, that the Supreme Court ruling was that it is constitutional and legal, and therefore, it is not just a matter of several months before the County takes over the complete licensing of taxi cabs in this community. Is that correct? Mr. Knox: No, sir. Not entirely. made by the County. The fact is, about the constitutional power of That is the argument that is being that the court also made a ruling the County to regulate tax cabs in '83 .ist OCT 101980 4 f\ Mr. Knox (continued): municipalities, Now they have asked for a rehearing and that was on of the basis upon which they have requested a rehearing. And of course, if that rehearing petition for rehearing is denied, then implicit in the courts order as it is now is that the County has no power to regule:.te. Mayor Ferre: Well my positic..n on this is ri.ally very simple. I'm not about to open up any areas dealing with t:ic expansion of the licenses for taxi drivers until we have f.nalizcci the legal proceedings before the Supreme Court to recognize whether or not the City of Miami, indeed, is going to be a surviving governmental agency dealing with licenses. Otherwise, it's just a big waste of time. .,le need to know whether or not we're going to continue with our authority to license taxi cabs. And at that point, then at that point —let n•,(-, address myself to the petitioner here which is Mr. Sicrro. A'.: that point, Mr. Sierro..Mr. Sierro. At that point, Mr. SiCrrO, once th,_. 5UprU.,1e Court has finalized this ruling, I think I would have no problem in doing this in a prol)or way, which is by calling for a public hearing in a formal petition which is the way these things have to be done in this democracy that you talk about where among other things,one of the reasons why lee survive is a democracy is due process. And I'm sure -you as a defender of this democracy would like due process to be followed. Now, I don't know, that's just my opinion. I don't h.now...Is it Sierra or Sicrro? biz•. Sierra: Sierra. Mayor Ferre: Mr. Sierra, let me jus: reheat so that ... Father asked me to repeat for you. The Supreme Court of Florida is involved in a hearing to decide whether or not the City of Miami is going to continue with its taxi cab licensing. I don't know whether we will or we won't. Until that is concluded, I don't think we should involve ourselves in any discussion about the expansion of the licensing procedures for tht City of Miami because I'm not about to get involved in something which by the time we go' to finalize, would be taken away from us by the ruling of the Supreme Court. And I think until that is done, there is juLt no use getting involved in any discussion on this matter. And the second thing that I want to ray about that is that once that is established, once the Supreme Court finalizes in the County's petition for a rehearing, which should be in the next month or so, once that is done, and if you want to open up the licensing of tarsi cabs for taxi cab licenses, then I think we should do that in an orderly process which is with a petition by you, a full fledged publiti hearing, and then you're going to have to get yourself somebody to convince this Commission as to why we should increase the licenses. Now, with regards to whether or not this is un-American, or whether this is done, I don't know of any City anywhere in these United States where: taxi's are not licensed. I don't know any place. (APPLAUSE.) I don't know of any... (IDIAUDIBLE BACKGROUND COMMENT FROM THE AUDIENCE PLACED OUTSIDE. OF THE PUBLIC RECORD) Mayor Ferre: ...wait, a moment now. I'm not doing this for any political reason. I'm trying to be as fair as I can. I don't know of any City in America where taxi's are not licensed. And I don't know where were going to go on this, but certainly we have to do it through due process. There's a request hero that I say this in Spanish and I'll be happy to say it in Spanish so t;.ar. people here can understand. (AT THIS POINT, W%YOR FERRE TRANSLATES Tiic PREVIOUS STATEMENT INTO SPANISH) Now I have made my statement. I will recognize anyone else who wants to say something. Mr. Carollo: Yes, Mr. Mayor. Mayor Ferre: Go ahead. Mr. Carollo: Mr. City Manager, Mr. Fosmoen, approximately how many taxi permits do we have issued in,the City of Miami now? Is it two... Mr. Fosmoen: We have a gentleman from the Police Department who can respond to some of your questions, I'm sure. ■ ,84 OCT 01O80 is% Mr. Carollo: I just want an approximate amount. It doesn't have to be an exact count. Mr. Fosmoen: About five hundred (500). Mr. Sierra: Four hundred forty-three (443). That's what the City has. Mr. Fosmoen: Four thirty-one (431). Mr. Carollo: Four thirty-one? Mr. Fosmoen: Yes. That's one hundred and ninety-one (191) over the number we're.permitted to have. Mayor Ferre: By who? Who gives us that right? Mr. Fosmoen: Us. Our City Code. Mayor Ferre: May I ask a question? How can we be out of compliance with our own code? Mr. Fosmoen: Because we had more permits .issued at the time we enacted the code, or the provisions of the code, than the code allows. Fifteen hundred ... one (1) permit per fifteen hundered (1500) population. It's an historical problem, Mr. Mayor. It's not one that was recently created. Mr. Carollo: And we're going by the census figures population? Mr. Fosmoen: Yes, sir. Mr. Carollo: So actually we're probably a little lower if we're going by the census figures. We'll probably have one hundred thousand (100,000) people more than the census count that we have. Mr. Fosmoen: We would need a population of six hundred thousand (600,000) to make ourselves legal in terms of the number of permits that we have out. Mr. Carollo: So We have approximately four hundred and fifty thousand (450,000) people. So that's four hundred and thirty-one (431) taxis. Mr. Knox, approximately how long do you think it will be before we find out from the State Supreme Court where we stand on this? Mr. Knox: Probably from ninety (90) days to three (3) months. And that's optomistic, Mr. Commissioner. I'm sorry, from one to three months. Mr. Carollo: That's all right, George. We won't ask you for your degrees. (LAUGHTER) Mr. Knox: It's definitely not in mathematics. (LAUGHTER) Mr. Carollo: Mr. Mayor, what I see is not necessarily that we need more licenses issued, the problem that I see is that you have individuals, corporations that have a monopoly, that have a monopoly over the licenses that have been issued. When you have individuals or corporations that own twenty-five (25), thirty (30), fifty (50), whatever the amount of licenses, that's outrageous. Maybe the figures that have been presented to us here that after we sell a license to whomever for seventy-five dollars ($75), maybe they don't sell them for six, seven, or thirty-five thousand (35,000) like they've put here, but without a doubt, I'm sure from the people that I've talked to, they're being sold for several thousand dollars. And the ones that are not being sold, then these people that are working for a living have to pay whoever has that license one hundred and fifty (150), two hundred dollars ($200) a week or whatever they're paying them. And this is outrageous because these people; number one, the way the inflation is the price of gas they have to pay, the problem ist .85 Mr. Carollo (continued): that we're having with our tourism that has slowed down considerably from what it was. I think this is outrageous. What I would like to see is after the State Supreme Court rules, and we know definitely where we stand. is that the City of Miami implements a new ordinance that only one (1) license can be held by each individual and that that...(APPLAUSE)...and that each individual that holds that license has to be the individual that drives that taxi. (APPLAUSE) Now, to round it off, let's say wc: have five hundred (500) taxis at the rate that Mr. Sierra quoted, forty dollars a week, if that would be charged. Some of you are paying now much? One hundred and fifty (150) two hundred (200) a week? Let's say that the City would charge a flat rate of forty dollars ($40) dollars a week, one hundred and sixty dollars ($160) a month, approximately, for five hundred taxis. That would give the City over one million ($J.,000,000) in revenue. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE THE PUBLIC RECORD) Mayor Ferre: All right, you're out of order. Please, look. Look, I understand your emotions and I don'•c blame you. Sir, you're out of order. Sir, you're out of order. We're not going to :solve this problem today. If we're going to have a hearing on this, it has to be a full fledged, properly advertised public hearing. We're not going to do this... this is not a kangaroo court. We're not going to shove anything down anybody's throat. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE THE PUBLIC RECORD) Mayor Ferre: Sir, please. please. ,lust keep your calm. Okay, go ahead. Mr. Carollo: This is a prim(, example of what I'm talking about, Mr. Mayor. if someone would pay that much for a license, something is terribly wrong. Terribly wrong. And why sho(zld a handful of people be ripping off all this profit, exploiting all these people, if the City of Miami could be fair to these people and at the same time, make a bigger profit where we don't have to pass .it down to the tax payers like we're doing in raises of property tax. i think over one million dollar ($1,000,000) a year... (APPLAUSE) ... I think over one million dollars ($1,000,000) a year could get us quite a few extra additional policemen which we so badly need. (APPLAUSE;). It's my understanding, and I would like the City Attorney to look into this, there have been other areas that have set this precedent already, especially in California I understand, if you could check into that to see just what they implemented, and how they went about it. Mayor Ferre: Joe, may I recommend a procedure? I think what you ought to do is, we ought to call for a public hearing on this. That you ought to instruct the City Attorney and the City Manager to come back with recommendations and that we have a full study of how other cities have handled this problem. Okay? And then set a time limit to it. Mr. Carollo: That's fine. Regardless of what you're saying and what I'm saying, we're not going to make a decision on this until we know what the State Supreme Court rules. Because it really, you know, wouldn't be right at all or fair. The other thing that I would like for the City Attorney to look into is whether there is any illegalities in the selling of these licenses. Mayor Forre: All right, is that in the form of a motion? All right, we have a motion before the Commission that the City Attorney and the City Manager be instructed... go ahead. Mr. Carollo: Mr. Mayor, unless'there is some disagreement with that on the Commission, I don't think it has to be in the form of a motion. Is there any disagreement from the Commission? If not, then I think George knows what to do on that. But the bottom line is that I think there's been some great, great injustices that we have had in the issuing of these licenses. 'And it's about time, if the State Supreme isu 486 0 C T 3 01980 Mr. Carollo (continued): Court rules in our favor, that we at the same time correct that injustice, gain some additional revenue for the City instead of for a handful of people that have been getting that, and that we live up to our responsibility.And that at the same time we do justice, we provide additional revenue for the City of Miami so that our citizens don't have to carry that burden. And I know that the minute this is over today, there's is going to be a handful of the people that have the monopoly trying to raise as many bucks as they can to back some candidates for next years election. Candidates that are not going to be in favor of what I'm saying but I'm willing to take the consequences myself. (APPLAUSE) I think that we can't explain to you any clearer than what we have what the situation is until the State Supreme Court decides on whether we're going to have that right or not, it's really useless for us to do anything on it now. But you have my commitment that if they do so rule in our favor, that I'll be up front in trying to get this accomplished in the City of Miami. (APPLAUSE.) Mr. Lacasa: Mr. Mayor... Mayor Ferre: All right, Commissioner Lacasa. Mr. Lacasa: This question... you'll have to excuse me because I can hardly speak. This question goes to the court of the right to work of any human being. I cannot make a long speech today here as I wish that I could express myself on the issue. I shall be waiting for the decision that the courts will make to see if the City of Miami will have eventually a say on this. But I can say as one vote on this City Commission, that my position will be that of defending the right to work of any individual that goes behind the wheel on a daily basis. (APPLAUSE) And that I don't believe that any governmental agency, in either the City of Miami or anyone else, licenses should be the subject of profit for anyone. The licenses in this particular case is the right to work for whoever wants to work, and not a source of profit on the market 1.Lke if it were stocks of a private corporation. And consequently, without any further elaboration, that would be my position shall this situation come to us. (APPLAUSE) Mayor Ferre: All .right, is there any further statements from members of the Commission at this time? Mr. Carollo: Just one question, Mr. Mayor. Are we sending any representation from our Legal Department to try to defend our right? Mayor Ferre: Of course. Mr. Plummer: They're the ones who fight the suit. Mayor Ferre: We're the ones that won the suit. We're the one —is that right, George. I mean, you're the ... and as I understood, you defended us personally. Mr. Knox: Yes, sir. In the lower court. And Mikele Carter made the argument at the Supreme Court. Mr. Carollo: I just wanted to make sure after the last mathematical statement that George made. Mayor Ferre: You mean on numbers? Well let me tell you, he may not know the difference between ninety (90) flays and three months, but he sure knows the difference in the law, and that's where it counts for a lawyer. Mr. Carollo: Maybe he was thinking about something else. Mayor Ferre: Now, is there anything before the Commission? -- -•. nrT 17^10 ist — -- --.•�a,e-�n;:�73"1-.1jGi�11'.�!G:?rT"u'�"'.�'.:,irlidi:S°.1:'i�ift= k V UNIDENTIFIED SPEAKER: Can I have the right- to talk? Mayor Ferre: Not at this time. UNIDENTIFIED SPEAKER: I want to ask a question of the Commission. Mayor Petra: All right, I'll recognize you for one questions. Go ahead, ask your question. Mr. Lionel Izquerdo: Lionel Izquerdo. I'm in the taxi business for twenty-five (25 ) years. The information I have is about fifty or some applications already. About fifty (50) applications more or less already About fifty (50) applications. That's what I heard, more or less, already filled out and turned out. Mayor Ferro: What's your question? Mr. Izquerdo: Is the City going to accept any more applications for licenses before the public hearing or after? Mayor Ferro: No. No more applications, no licenses. We have to have a public hearing. Mr. Izquerdo: The ones already in is that... Mayor Ferre: yr. Knox. Mr. Fosmoen: Mr. Mayor, we will accept applications. But you know, whoever applies needs to know that there are no licenses available. in addition to that, sir, the ordinance provides that the seventy-five dollar ($75) filing fee is non-refundable. Mr. Carollo: Can we change that ordinance, that that seventy-five dollar ($75) fee that punplo have ;.at in there, and we're not issuing any licenses theet that will be refundable. (APPLAUSE) Mayor Ferro: if you put in a license fee for a license that does not exist, all you're doing at this time is throwing away seventy-five dollars ($75). okay? Mr. Carollo: What I'm referring to, Mr. Mayor, and you're right on that, I'ri referring to the people that thinking we're going to issue more have put, in seventy-five dollars and they can't get one. Mr. Izquerdo: This is not the question. The question is... Mayor Terre: Wait a moment, please. I wint people who are here to undarstar:d so that they don't get all excited about things that have not happened and get all emotional when they don't understand what is ha)pening. For us to increase the licenses in the City of Miami, we would have to have a full fledged public hearing and we have to go through a legal procedure. And then we would accept people to apply for licenses and thovo probably will be ten thousand (10,000) people applying. It will not be, I'm sure, on a first come f:�rst serve basis. I'm sure we'll have to Figure out other ways of doing it, but certainly it has not been done at this point. Mr. Izgl,(:rdo: I understand that but at the same time, why did the City accept ilia applications frori those fellows before they set up the things, and go ,:head with the: new license::. Mayor F,,ere. I think you're right. Mr. Izquerdo: I file an application tomorrow, or what? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferro: All right, okay. Wait a minute. He has a right to speak. 0cr3o1980 is r] (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD). Mayor Ferre: All right, let's keep order. here. Go ahead. Mr. Knox: Mr. Mayor, what has occurred is that people came to believe that there were more certificates that were available, and a number of people approached our Taxi Cab License Division seeking to make application, and they tendered their fee. We do have a...we cannot refuse under the existing ordinances, we cannot refuse to take applications. The Police Department has accepted applications along with the fees, and had each applicant sign a statement which first of all points out that the fee is non-refundable, it points out that no new certificates are being issued, that there is no present intention to issue new certificates. Third, the applications are being accepted and the fees are being accepted but the applications are not being processed until we have some final determination about whether or not new certificates will be available. If there is a determination that there will not be new certificates available, the Chief of Police has represented that those persons who have submitted applications and deposits will have those application fees returned to them. Mayor Ferre: All right, any further... Mr. Carollo: That area is pretty clear, Mr. Mayor. The only thing is to try to solve some of their problems that this is causing, and save us some money in the meantime because taking all those applications and filing them and everything else, if there is not going to be any more issued, if we have to return the seventy-five dollar ($75) it will be costing us additional funds ourselves. So, would it be proper to make a motion and change that ordinance so that we don't accept any more applications until this is resolved. Mayor Ferre: I think what you should further do is take the seventy-five dollars ($75) f:,- all the people that have made these applications, return it to them, and return their certificates back. Mr. Carollo: Exactly. This is what you stated that needed to be done. UNIDENTIFIED SPEAKER: Return the money and stArt over again when you decide. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Mister, by the time we get to a public hearing if this Commission should every vote to open up for another hundred or two hundred, you'll have ten thousand people applying for those two hundred (200) permits. Because I'll tell you, what will happen is ... and that's why I think you want to make sure that we avoid this problem is, unless we're careful, the two hundred...if we 4,ere to go out and sell one hundred (100) new licenses, within three: days after there would be so many people buying and selling licenses, and they may not be worth twenty-five thousand dollars ($25,000) if we expand another hundred. But they'll be worth something and then you're going to have everybody going back and forth, so I'll tell you this is a very, very complicated issue. We're not going to solve it here today, ladies and gentlemen. Mr. Carollo: Would it be proper, can we make a motion to change that ordinance so we don't accept any more for now to save us all that problem. Mayor Ferre: Yes, sir, you can make that motion. Mr. Carollo; Can that legally be done, George? Mr. Knox: We can amend the ordinance in such a manner that no applications would be taken unless them are certificates to become available. Mayor Ferre: There is a motion on the Eloor. Is there a second to the motion? ,89 _ . - OCT Mr. Plummer: Second it. Mayor Ferre: Second. Furthe:c discussion on the motion? Call the roll. Mr. Plummer: Wait. Excuse m,:. Mr. Carollo, you are indicating that those applications and checks already in be returned, aren't you? I'm just asking. Mr. Carollo: This is a seperate motion to that. I think that what we should do, those people that want their seventy-five dollars returned, then return it to them. The ones that don't, then leave it there. Mr. Plummer: Fine. Mayor Ferre: Okay. Now there's a motion and a second. Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 90-762 A MOTION INSTRUCTIEZ THE CITY ATTORNEY TO AMEND THE PERTINENT SECTION OF THE CODE PLALING WITH THE ISSUANCE OF CERTIFICATES OF PG1':LIC CONVENIENCE AND NECESSITY IN SUCH F� MANNER THA`1' NO APPLICATIONS WILL BE TAKEN UNLESS THERE APJ CERTIVICATES TO BECO1•111: AVAILABLE Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plw,uner, Jr. Commissioner (12ev. ) Theo;:ore R. Gibson Commissioner Joe Ca�:ollo Vice -Mayor Armando Lacasa Mayor i laurice A. Terre rre NOES: None FOLLOWING ROLL CALL: Mr. Carollo: Do we need to make the second part of that into a new motion, Mr. Manager, or not? That those people that have given seventy-five dollars ($75) in the applications that want it returned, thitt to be returned to them. Mr. Fosmoen: We'll take care of it in the ordinance charge. Now, ge%ting a sense of the Commission, h,wever, so that no one leaves the room with a misunderstanding., if so.neone desires to leave their application on file, that is not going to give them a preference should th.Ls Commission decide to open up the number of licenses. Mayor Ferre: That's correct. Mr. Carollo: That's understandable. i O C 1 0 01980 ist M CONSTRUCTION, OPERATION, ISION SYSTEtIS Mayor Ferre: Mr. Manager, we're on item "fi"'. Mr. Fosmoen: Mr. Mayor, approximately a uonth or a month and a half ago, the Commission directed the administ,-ation to prepare the necessary documents in order to get the b!ds in to the City for cable television. We had a workshop yesterday n this issue with the Commission. We discussed with you the pros and cons, tlong with the City Attorney's Office. The pros and cons of passing enabling legislation that permits issuance of a license or provider for a franchise which would require a city-wide referendum on the suc;:essful bidder. I also indicated to you at that time that I was going to request a deferral on the consideration of the request for proposals...I was going to request a deferral on the discussion of the request for proposals since our consultant was in the hospital and co:xld not be here today or yesterday. So the issue before you today is a first reading as item 7, but as a first reading on enabling legislation. And it's our recommendation and I believe the City Attorney's recommendation that we pursue the track of a license rather t-ian a franchise. We feel along with the attorney that there could be adc:luate protections for the City, its income stream, and the sub:;cribers unler a license scenario. So the action is a first reading on a license o::linance. Now, there has also been some language proffered today by someone in the audience. You may wish to receive comment from the audience on the ordinance itself. Mr. Plummer: Well I think it would be al-propriate at this time to wait for a quorum. This Commi:3sion will stand in adjournment for four or five minutes. THEREUPON, THE CITY COtM1ISSION WENT INTO A BRIEF RECESS at 4:00 P.M., reconvening at 4:15 P.M., with all members of the Commission found to be present except for Commissioner Lacasa. Mayor Ferre: The item on the cable television. Mr. Manager, we're now on item number "H" so let's continue. Mr. Fosmoen: Mr. Mayor, as I was indicating before, our recommendation is that the Commission proceed with a first reading on enabling legislation for the issuance of a licensfa for a cable t.v. franchise. Our consultant will be here on Wedensday next for full workshop on the bid specifications. The next reading would then set the ordinance in process. We would issue the bid specifications and proceed to hire a consultant with your advice and consent, and bring the bids back in. There may be members of the audience who wish to comment on the proposed ordinance which is item seven in the afternoon. Perhaps the City Attorney wants to comment on his position on the license. Mr. Knox: I'm not aware of whether or not you have received a copy of the proposed alternative language for paragraph five of the ordinance and you want to see that information from Senator Meyers. But in any event, we have reviewed it and we would prefer the language that currently exists rather than to adopt the alternative. 491 0 C T 301980 ist V Mayor Ferre: All right, is this the memorandum we got from Kenny Meyers yesterday? Mr. Fosmoen: No, sir. Mr. Knox: No, sir. Mayor Ferre: This is alternative language. Mr. Knox: His was delivered to us this morning, and he proposed a change in the language of Section five which appears on page six (6) of the proposed ordinance. Mayor Ferre: Do you want to addr•- ss the Commission on it? Your name and address, for the record. Mr. Kenneth Myers: My name is Kenneth M. Myers of Myers, _ Kennedy and Richards, Attorney's, 1428 Brickell Avenue, Miami, Florida 33131. Mayor Ferre: Mr. Myers, just for the record, you represent? Mr. Myers: We represent one of the applicants. Mayor Ferre: For the record, the name of the applicant. Mr. Myers: Ameri-cable T.V. i•lr. Mayor and members of the Commission, section five (5), page six (u) of the proposed ordinance deals with a license fee. The present language in th( proposed rrdinance sets the license fee at five percent of t,_,tal gro:.s revenues of the cable t.v. entity licensed. I would 1ropose t'.0 lanLiage in the handout sheet as an ,alternative wilich tracks t,.c language of the Federal Communications Commission rules and regulation :nder th,:ir Section 76.31 which sets the guidelines for 1 censes fees thuL citi:s and counties can charge. Basically, the FCC rule is that cities u.d counties can charge a franchise or license fee from three to_`.ve percent. But if the gross revenues from cable t.v,operations, but if the license fee exceeds three percent, them the city and the li.cunsee must go to the FCC and justify any excess over three percent on the grounds that (a), the charging of the e!xtVi twn Percent wi.M._not ipooardizo any of the cable: television regulatory goals nationally of FCC, as far as the licensee is concerned. And number two, the city must justify that the extra two percent is needed as part of the overall local .regulatory program. Now, any city or county is bound by those rules. So to say that your fee is going to be a flat five percent, I think lacks the flexibility that you should have and does not reflect what's happening in other cable t.v. licenses and franchise. There are over forty-two hundred (4200) cable t.v. entities operating in approximately eleven thousand (11,000) communities throught the country. In ninety-nine ;percent (99%) of the ... of those cases with respect to those forty-two (43) to forty-five hundred (4500) licenses or franchises, the license fee is three percent and only when you have a state: Public Service Commission who is involved or some kind of a showing to the FCC by the local city or county is the need for the extra two percent because of their programing or local regulatory scheme that can charge the extra two percent. My language, the proposed language says that. It says the license fee payable by the licensee shall be reasonable and shall be in the range of three to five percent of the licensee's gross subscriber revenue per year from cable television operations in the City. If the license fee exceeds three percent of such revenues, the reasonable of the excess amount if required to be approved by the FCC on showings, one, by the licensee that such fee will not interfer with the effectuation of Federal Regulatory goals in the field of cable television, and by the city that it is appropriate in the light of the planned local regulatory program. That language is exactly tracking the language of the FCC rule. It gives you the flexibility to go up to five percent, and obviously when these bids are made, I would assume that it would go up to five percent, most the applicants will probably progose that they will be charged five percent. And most of the applicants will say that they will cooperate with you in justifying that additional two percent to the FCC. That e 0LT v 1080 is t Mr. Myers (continued): favors their application. Mayor Ferre: Look, we have a long way to go and it's 4:30... Mr. Myers: Well,1 would respectfully ask that that language be... Mayor Ferre: That's where I'm getting to rather than let's not talk anymore. Let's get to it. Mr. Myers: I'm through. Mayor Ferre: Now, Mr. Knox, are you in disagreement? Mr. Knox: Not with the concept. I would just point out for the record, that we did desire to achieve certainty with respect to our invitation for bids. And if there is a range, then pvospective bidders can submit proposals anywhere from three to five percent as a practical matter. Secondly, I believe that the language that has been proposed in the ordinance and Senator Myers' langua(le are similar in concept but again, I would prefer the language that ha:3 been proposed in the ordinance because I think that Senator Myers' proposal while similar may have certain nuances that could lead to difficulty of interpretation at some future time. Mayor Ferret Then my position, this is just my personal position. I'm going to follow my City Attorney's advice. We've got until the second reading to discuss this and I will b- happl to consider the changes once I've read them carefully and I understand the full impact, that we're not in effect giving away two percent. Mr. Plummer: Mr. Mayor, let me ask .1 question, if I may and maybe try and short circuit this. It would seem reasonable to me that this is first reading. We've never done it. The County, I understand, has a first reading which really amounts t) not a whole lot. It is the second meeting which is the emphasis placed upon. I would suggest, Mr. Mayor, that we go aheau and pass this ordinance today as it stands. Mayor Ferre: That's what I just said. Mr. Plummers All right. Then I would suc(gest that the ordinance and a draft of the RFP... Mr. Fosmoen: Requests for proposals. Mr. Plummer: ...be given to anyone who witnts it. There is a list of companies, some thirteen (13) or fourteen (14), and we would invite their comments prior to the second reading. Now when I say prior to to, that's at least two weeks. The second reading its thirty days, right George? Mr. Knox: No, sir. On separate. The Charter only requires a second reading on a separate day from the first reading. But generally during the... Mr. Plummer; Well okay. In the interim, anyone who wishes to make any changes, suggest changes or any of that can do so. And let's go ahead and pass this today so that we get the time frame and the clock running. That way, you know, we're not even going to really discuss with the consultant that was hired to assist the City until next week. So I would suggest we go ahead. At least we start the time frame running and we are that much ahead of the game: Mayor Ferre: All right, I have some things that I would like to discuss and put on the record with regards to this before we vote on it. I'll be happy to do it after somebody makes the motion on the main ordinance that's before us. Mr. Plummer: I make a motion, Mr. Mayor, if discussion is over with. I don't want to preclude anybody. 1 make a motion that item seven be adopted. � V OCT 3 01980 ist r Mayor Ferre: Is there a second to that motion? Father Gibson: Second. Mayor Ferro: All right, second by Father Gibson. Under discussion I'd like to make a few remarks with regards to -r:his very complicated area. Cable television is really the wave of the future and I think we have a great deal at stake and a great deal to gain. And a great deal to lose if we make mistakes. One of the thing:: that several of the cities around the nation have done is because of the trQm ndous amount of pressure that is put upon thu voting body. There have been in some cities, for example, Kevin White, the Mavor of Boston told me that in the City of Boston they passed a resolution that no ;aember of the voting body or of the administration meet with anyone of the applicants personally, or with their representatives. Now, the t11rust or that is so that if there is any disucssion that it be do:;e in pubic. Now 1 want you to know, that some people think that I ... when I dis.ussed this yesterday at the meeting of the Commission, the work ,:ussion that I had, that I was doing this because of the Sunshine law require:inunts. 1 want you to know that I'm doing this for purely selfish reasons because I havo had about thirty phone calls of people that want to have breakfa;;t, lunch, dinner or a meeting with me to tell me same very important things that I need to know about this very complicated field. And I think that I do not want to subject myself or really, anybody also to that kind of a pressure. And I think that anything that has tc be said ought to be said out in the open, public for everybody to hear. i don't want to hear anything privately that somebody doesn't want to tell me publicly. I've asked the City Attorney to draft an ordinance, I mean a resolution and I will read the title of it and ask him to pass it out. I have not read this at this point. And this is ,iotneth:.ng that I would like to offer after we have this discussion. It reads as follows; "A resolution prohibiting all contacts with City elected or appointed officers, officials, or employees by c 'ole televi.-Aon industry r presentatives, license applicants or other agents. Further requiring that the substance of all such contacts be reported in writing to the City Commission prior to the issuance of any cable televi:ion license. Further providing that this resolution be construed and interpreted so as not to conflict with the Florida Public Records Act." Now again, t},is of course, Mr. Manager, includes Clark: Merrill, your.;elf and everybody. in other words, this is so that any discussion that we're doing to have in the future be before a public body. Now, I don't normall,-...I've never done this and I don't this I would subscribe to th:,.s to many things but something as delicate and something where there ha3 been so much controversy and so much accusations around the nation of wrong -doing and interference and I can't believe to tell you :,ow many lawsuits are going on around this country in cities where there is accusations that people are making offers and all kinds of ... an.1 I think we :,hould try as much as humanly possible to avoid that type of a situation in this community. And as a consequence, I would like to make this after we pass on the main ordinance. I'd like to offer this a- a motion. The second thing that I want to zring out is I think the tec:hnirian that we're going to hire, the expert, I'm concerned about that expert making conclusions Father Gibson: Making what? Mayor Ferre: Coming to conclusions on non -technical items. In other words, I don't mind an expert coming around telling me what the technical aspects are, but I don't want him to start making conclusions on social and other type of considerations. That's something that the Commission, the elected board should be involved with. I don't know quite how to do that. In other words, I want the technician to advise me on technical matters. I don't want the technician to tell me what is good for this community and whether or not we should have so many black programs and so many Cuban progrmas, and so many Spanish programs anei so many things that affect the community that I know a hell of a to►: better than a technician coming from owit of town. So I want him evaluating the technical issues. I don't really want him evaluating the social issues. And I don't know quite how to put that in writing �94 ist. 001 3 01980 4 Mayor Ferre (continued): or in wording but perhaps I'd like some help on that. Mr. Fosmoen: perhaps we can circulate to the City Commission the request for proposals that we'll prepare inviting consultants in to assist us and get your comments on that before we circulate it. Mayor Ferre: Third comment I want to make is that one of the things that I have found that happens around the nation is that people start to maneuver for positions and then they start getting extensions. They find that for some technical reason they want another sixty (60) days. I want this matter to be put out, and I think sixty (60) days is plenty of time and I would like at the outset, to put into this that there will be under no conditions, for no reasons, under any circumstances any extensions. In other words, we will put the ;thing out for bid, we will get bid proposals and a date certain and that :is it. Mr. Fosmoen: With one possible exception, Mr. Mayor, and that would be a change in the bid specifications that the City Commission authorizes. Mayor Ferre: See, but that's exactly where yo*i get in trouble. Somebody comes up with some bright idea and then the ne4t thing you know is we're going on and on and on and I think Joe Carollo is the one who said at the beginning that, you know, there's no reaso:i why this can't be done. And let's do all our thinking and all our talking and once we set that clock in motion at a moments certain, that's it. No more extensions, no more, you know, I don't... if we start making exceptions, I guarantee you that there will be all kinds of exceptions and reasons why we find, you know, as jockeying begins, to extend this thing. I think we've got to make a decision and live with that time. If it's forty-five (45) days, if it's sixty (60) days, if it's ninety (90) days, whatever it is, I think, and we ought to live by the industry standards. I understand around the nation it's sixty (60) days. Now i.f that's the time, then I think we should live with that. Mr. Fosmoen: Sixty (60) days for the companies to respond to a request for proposal. Mayor Ferret No extensions. All right. The last thing that I wanted to address on this is that, and this is a very touchy item and I don't know quite how to put it out, but I guess the only way to do it is just to say it as it lives in my mind. There are a tremendous amount of accusations going around all over the country of people and corporations accusing others of trying to bribe or trying to do something. And I think... I'm sure the newspapers are going to 6o it anyway. But rather than have the newspapers make big iasues aboutsuch and such an applicant who in the cJ.ty of�such and such accused so and so of trying to bribe a member of the Commission or a member of the deciding board, I'd like to have all that out front. You know? And what I'd like to do is I'd like to have for all those that are applicants to this whole process, I'd like to have the administration ask of the: applicants in what jurisdictions, maybe that may be unfair to do it that way. I don't know how we can go about doing it, but I'd like to have full fledged information as to where these applicants have gotten into trouble, or where they have been accused. I'm not saying that it be a final. obviously, somebody being accused doesn't mean that they'be been found to be guilty, and I know we're treading on very very thin ground there. But it's going to come out anyway, and I'd rather have all of that out front rather than have it come out as a big, big surprise that so and so is being charged in such a city by the... there's a legal proceeding involved in some wrong doing. Mr. Carollo: I think what you're trying to say, Mr. Mayor, you want to know how many of the applicants have had problems in other areas. I think that would be a very good idea. Mayor Ferre: Now, the last thing that I want to say just to the procedural aspect of all this, I really think that when we get down to the M95 OCT 3 01980 ist s Mayor Ferre (continued): short strokes of this, that where I think this process works best is when we get down, whon cities bring the applicants down to maybe two or three or foul finalists rather than have the Commission subjected to ten or twelve applicants, many of whom really don't have the financial ability t:r whatever it is to put this whole thing together. Now how we get to that point, I'm not sure but we need to narrow this down so that we get down to the three or maybe maximum four real serious contenders in this. And I don't know how we're going to do that, Mr. Fosmoen, but I think we need some thinking on that. The only thing that I'm going to make a motion on is the one the resolution that's before you afterthis ordinance passes. Do you have extra copies of that? Would you pass that to members of the Commission? Okay, those are the only comments I had. Anybody else want to make their discussion, comments on this? Okay, if not, read the ordinance. Mr. Knox: I don't think there 'a bean a motion yet-, Mr. Mayor. Mayor Ferre: Motion was made by Plummer, seconded by Father Gibson on item number 7. Now read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.) Mayor Ferre: This is ... we're about to vote on this ordinance. Mr. Wellington Rolle: My name is wellington Rolle. I live in the City of Miami, 1471 N.W. 43rd Street. I have one concern, Mr, Mayor, and I think it's on section 6 of the... it's on section 7(c), Mr. Mayor, and I thin: the Commission would want to look at the language in section 7(c) in terms of how this process is initiated. I think traditionally the language to initiate this process goes along the line that the City or the official through a legal notice in the newspaper indicate that the Manager or whoever receives the applications and request for proposal would simply not receive any at all intil you publish it in the paper for the amount of time, I believe, Fiat the Mayor has indicated. And at that time, you would beg.i.n to receive applications from those interested parties. What I think i:; defective in the_nrouosed ordinance is the language in section 7(c), so it does not provide the legal entry into the application ;,roces�; receipt of, to the Manager of those who are interested in submi::ti.ng proposals. And I would hops:, Mr. Mayor, that you might want to read that. ,:ast that one section, section 7(c) prior to the time that the Commission votes on it because I think that the language is fuzzy and it does nct speak of the legal notice that should be given. It does not indicate the amount of time. Mayor Ferre: Mr. Fosmoen, somebody want to address that? Mr. Fosmoen: Certainly. 7(c) refers to the end of the process before a license is finally issued. I think what Mr. Rolle is suggesting is an amendment to the ordinance which would specify how we advertise the fact that the City is considering issuing a license and seeking proposals from various firms. That is not clear in the ordinance. He's quite correct. It would be our intention to advertise in the local newspapers as per the legal notices that the —we're required to produce. In addition to that, we have had contacts from literally dozens of cable companies. We would notify them. Those are the two steps that we have in mind, Mr. Rolle: Thank you, Mr. Mayor. I think that we could keep in mind that none would be received until such time as that stiuplation is made. I think that would serve its purpose. Mayor Ferre: Okay. Father Gibson: Mr. Mayor, isn't it true that we have already asked people? so you can't undo. (INAUDIBLE BACKGROUND COMMENT PLACF;I. OUTSIDE OF THE PUBLIC RECORD) !Father Gibson: Well are you telling me that's not true? Mr. Mayor? b1r. Fosmoen: I'll' sorry, Commissioner. I didn't hear your question or or the response. '196 ist 0 C T 01�E0 4 Mayor Ferre: Father Gibson said that we can't do what's already been done, and we've already asked. Father Gibson: it is common knowledge, 3r has been, certainly to me. Maybe I'm not common. But that we were willirl to accept proposals, many many weeks ago. Now, I don't know how you overcome. Do you turn those proposals back? Mayor Ferre: We have Mr. Plummer: Father, that's easy. We taven't received any, according to the administration. Mayor Ferre: In other words, the RFP's have not gone out. Mr. Fosmoen: Until this document, a request for proposals, goes out, there's no basis for the industry to give us their proposal. Father Gibson; All right. I just want to make sure. Let me make sure we understand this. There are companies who have indicated an interest. Let's put that on the table. UNIDENTIFIED SPEAKER: I agree, sir. Father Gibson: All right. Once we get that. Now, all of the...what you are saying is beginning today you went us to officially notify everybody that anyone who wishes may offer a proposal and beginning today, as of this hour, once we pass this that proposals may be accepted. Mr. Rolle: Sir, the position that I warted tc, put into the record is that the first step should have been, from thc- City of Miami, that it advertise in the local media that the City of' Miami is now receiving, is interested in receiving request for propos<ls for cable t.v. That is the way it is normally done. That is traditionally how it has been done in the indust•-^y and there is no record anywhere that the City of Miami has officially advertised. Mayor Ferre: Wellington... Mr. Rolle: It keys on what you said earlier, J. L. Mayor Ferre: There is no intention on the part of this City to preclude any party from being an applicant. And I think that as far as the advertising, before we're throuch, I'm sure this will have plenty of advertising. is that correct? Mr. Fosmoen: That's correct. Mayor Ferre: Okay, is there anything else to come up before this Commission? Discussion on this ordinance as read? And the motion... there's been a motion and a second. All right, then call the roll on the ordinance, p1dase. On first reading. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, OPERATION, REGULATION AND CONTROL OF CABLE TELEVISION SYSTEMS WITHIN THI: MUNICIPAL BOUNDARIES OF THE CITY OF MI741 Was introduced by Commissioner Pltunmer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.).Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando LacaFa Mayor Maurice A. Ferre NOES: None (CONTINUED ON NEXT PAGE) OCT 301980 ist C 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. Mayor Ferret Now, you wanted to say something, Senator? Counsellor? Mayor Ferret Your name and address, for the record. Mr. Robert H. Traurig: Robert H. Traurig, 1401 Brickell Avenue. We think.that the sense of the resolution submitted by you, Mr. Mayor, is that once the request .for proposals has been issued, that no ... or with regard to specific proposal, there would be no communications with staff or with this Commission because between now and the time of the second reading you've already invited us to make comments, I think it might be appropriate for us to have the opportunity to talk to staff about changes that we might suggest vis a vis, the ordinance itself. We don't think you intended to preclude that. We'd like that to be clarified. Mayor Ferre: Bob, I think the point is that I don't want anybody on this Commission or anywhere out in the public to say, listen I saw Clark Merrill in a meeting with Bob Traurig over at the Holiday... Mr. Traurig: Ken Myers. Mayor Ferre:. Ken Myers, ove_ at the Holiday Inn. Boy I'll tell you they were really talking away. Obviously, you know, that Ken Myers has the inside track with Clark Merrill because they're old buddies from way back. And you know, I saw him smiling and I'll tell you, by the way, Ken picked up...I watched it, he picked that breakfast tab, you know. You know what that means. And you get all this kind of stuff turning around. This is a hypothetical situation. (LAUGHTER). Or that, you know, all of a sudden at a cocktail party Kenny Myers and I are off in a corner talking about this and in comes Armando Lacasa and says, oh, there's Ferre, wheeling and dealing, making a deal you know, on who he's going to vote for on the cable t.v. thing. I think we should try to avoid all of this. Mr. Traurig: We agree with it. We agree with the basic objective. The inquiry as to whether or not between now and these two weeks from now, or whenever you have the second reading, we have an opportunity to talk to Mr. Fosmoen or Mr. Merrill, or others regarding the changes in the ordinance that you've invited us to submit. Not with regard to specific application but in general to the language of the ordinance. Mayor Ferret I think this is covered in section 2. it reads as follows: "the City Manager or his designee can authorize the exchange of necessary information and meetings with appointed officials, officers, or employees of the City. However, the s#stance of any discussion held, information provided, or meetings attended other than public session with cable industry representatives, licensed applicants and their agents shall be disclosed in writing by the City Manager to the City Commission prior to the awarding of the license. Mr. Traurig: And that should be applicable to suggestions with regard to the ordinance itself. That's fine as long as we understand it. Mayor Ferro; So in other words, if I have a meeting with you I am... I have to submit in writing to the City Commission where I met, what we discussed and everything, you know, so that it's public information. I think the interest of this is to try, and I just want to say for myself, if this thing passes, I do not intend to meet with anybody in private about this whole item. No, sir. If you have something to tell me, you tell me in public. 198 ist OCT 3 01980 Father Gibson: Mr. Mayor, wouldn't we be be -,-ter off given a time certain that you could have your input, my brother, and after that we shut the door. You know, I love us all, and I think all of us are honest and honorable men, but before we have this ... before we make this final, I think that all of the input that you have you ought to have it in there. And after that day, we're going to walk out 04" this room and I don't know you and you don't know me. Mayor Ferre: Father, my only point is I'm all for that except that I want it in a public session. And if Ken Myers or Bob want to talk to Clark Merrill, I want it posted and I want it held in a meeting where if the press wants to show up, or members of the Commission, or anybody wants to show up that it becomes a h:_►blic item. I don't want any discussion of anything going on outside of the ,public view. And I think if we don't do that, we're going to end up getting into a lot of trouble. Father Gibson: I thine: we're together. The only difference, Mr. Mayor, I, you know... ,9ayor Ferre: I don't think you can be half way pregnant on something like this. You know, this is going to be a burden and it's going to 'make it a lot harder. But believe me, in the long run it's a lot better tc, do it this way. Father Gibson: When is the cut off date, that it must be made public: When this is adopted: Mayor Ferre: ,Absolutely. Father Gibson; All right. So between now and then, if you... Mayor Ferre: I'm going to make thu motion right now. Father Gibson: No, no. I'm trying to understand. Mayor Ferre: I'm going to make this motion. Father Gibson: if I wanted to talk about a change, this ... I want to put it just simple as this. if a man out of New York comes down here and he wants to talk about a change, and this has not been finalized, this is the tfirst reading. I'm asking you, does he have to make it public that he talked about the change. Mayor Ferre: Yes, sir. Father Gibson: Okay. That's all I want to make sure. Mayor Torre: I want any discussions going on between the applicants and anybody involved with the City to be public. Father Gibson: All right. Let mk: make one other thing. I want him to tell it too and put him under oath. Oh yeah. Oh yeah. Let him lie twice. I want to make sure he'd have to lie twice. Mayor Ferre: Explain that to me. Father Gibson: You know, Mr. Mayor. I could tell you, you know, we talked about it. Amen, we talked about .. Mr. Plummer: I didn't understand it either. Father, you said something about lying twice. Father Gibson: NO, no. The point is if you put a man under oath, It is treasonable to jissume if he'., under oath he didn't lie. Isn't that the way you all do it in court, counsel? Amen. Mayor i-'erre: Okay, I have no problem with that. In other words, that when t;ie...let me see if I understand what you're saying correctly. i. lack OCT 3 01980 .st ! f' t' — AtN d5 -�7i31 .F `hY '"ed 1'ti L'"J...� •�:u:ili��n ,•�.L�• Mayor Ferre (continued): What you're saying is when we get to the process of the final selection, we're going to put everybody under oath, or the person who is the successful applicant, that every discussion' that was had was had pursuant to this resolution. Is that correct? Father Gibson: Either pursuant or that he has disclosed any and all in the conversation. Mayor Ferre: Okay. I understand. I buy that. Father Gibson: Otherwise, my brother... Mayor Ferre: I didn't understand it at first. Now I understand it and I subscribe to it. Mr. Rolle: Mr. Mayor, would your vote today include or exclude the provisions of the last section 45 in the proposed ordinance. Mayor Ferre; The ordinance as was presented to us in its entirety has been adopted on first reading. Now that of course, is subject to changes on second reading. Mr. Knox: I think that Mr. Rolle is referring to the fact that the ordinance that appears in your backup indicated that this was to be adopted... the second reading was to be dispensed with. That provision has been removed in the original and this was ... the ordinance was adopted on first reading. Mr. Plummer: I don't even have a pale 45. Mr. Knox: No, he's talking about itQm 45 on the last page of the ordinance which indicated... Mayor Ferre: All right, are you ready for this resolution? Then I'll pass the gavel over to the Vice -Mayor and I move you, sir, a resolution prohibiting all .)ntacts with City elected or appointed officers, officials, or employees by cable television industry representatives, licensed applicants or their agents, as is before you in the resolution. Mr. Lacasa: There is a motion. Do we have a second? Mr. Plummer; I'll second the motion. I mean... Mr. Lacasa: Under discussion. Mr. Plummer: Under discussion. What is the penalty? Horse whipping? Thirty days in church? Mayor Ferre: Perjury. Mr. Plummer: NO, it's not perjury. Mayor Ferre: Father Gibson has... Mr. Plummer: Not here. I'm asking what is the penalty. Mayor Ferre: There's going to be —I'm going to add to that that a section which would be section 4, that the successful recipient of the award, before receiving it, file an oath that this resolution has been adhered to to the best of his knowledge, and that all meeting by any of the corporations representatives have been, have been publicly held as this resolution states, and have been disclosed. Under oath. Mr. Lacasa: Okay. There is a motion and a second. Further discussion? Call the roll. HE ist OCT 601980 The following resolution was introduced by Mayor Maurice Ferre, who moved its adoption: RESOLUTION NO. 80-783 A RESOLUTION PROHIBITING ALL CONTACTS 91ITIi CITY ELECTIVE OR APPOINTED OFFICERS, OFFICIALS 0.2 EMPLOYEES BY CABLE TELEVISION INDUSTRY REPRESENTATIVES, LICENSE A?PLICANTS OR THEIR AGENTS; FURTHER REQUIRING THAT THE SUBSTANCE OF ALL SUCH CONTACTS BE REPORTED IN WR'.*TING TO THE CITY COMMISSION PRIOR TO THE ISSUANCE OF A;;' CABLE TELEVISION LICENSE; FURTHER PROVIDING THAT THI'- RESOLUTION BE CONSTRUED AND INTERPRETED SO AS NOT CONFLICT WITH THE FLORIDA PUBLIC RECORDS ACT (Here follows body of resol,.:ion, omitted here and on file in the Office of the City c.i -;rk) . Upon being seconded by Commission—ar Plu mer, the resolution was passed and adopted by the following v- te: AYES: Commissioner J. L. 'lumr'te;, Jr. Commissioner (Rev.) ;eodor•e R. Gibson *Commissioner „oe Ca .--ollo Vice -,Mayor Armando ... icasa Mayor Mauriz�o A. Furre NOES: None ABSENT: None ON ROLL CALL: *Mr. Carollo: I'd just like to make a couple of continents before I vote on this righteous resolution. Even though I'm going to vote yes for it, you know, no one here is going to kip: me on this ordinance. So, yes. FOLLOWING ROLL CALL: Mayor Ferro: Is there anything else to come up before this Commission on this item? Mr. Plummer: Well let me just, so that I understand in the public forum, ask a question that if I get i4r. Fosmoen in the hall, I guess under this ordinance Mr. Fosmoen and I can't discuss it. It is my understanding now from what we just passed, I'm not quite sure, that tt the next meeting on November the Gth, the consultant that the City hired to put this ball of wax together will be here to discuss it with the Commission in the sunshine and comply with the ordinance. Now, Mr. Fosmoen, of course, it is inconceivable to me and I'm only trying to get a time frame established. The Mayor doesn't want any extensions so let's have a time frame established so that w don't have to go to the extensions. If we invite the people of the industry to make comment, I don't think there's any way that they can do it by next Thursday. You think they can? And you think that's reasonable? Okay. if you think that and the rest of the Commission feels that's okay, it's all right by me. But how are they going to do it prior to Thursday so that the Commission will not be seen taking a registered letter from the mailman in violation of the ordinance. Mr. Fosmoen: We're going to have a workshop on Wednesday. Mr. Plumnor: That will be a public forum in which they will be invited to come :.here and make their thoughts, if any, known. Mr. Fosmoen: yes. Mr. Plummer: Okay. Just asking. Then, for the time frame, is it your 101 OCT 3 0 '1980 f ist rN Mr. Plummer (continued): intention that the second reading of this ordinance shall be, when? Mr. Fosmoen: I think the second reading of the enabling ordinance... Mr. Plummer: That's 7. Mr. Fosmoen: ...yes. Can occur on November 26th. Is that your next meeting. Mr. Plummer: After the 6th. Tes. Mr. Fosmoen: Yes, after the 6th. If we can get agreement from the Commission on this document next week, next Thursday, we can proceed to issue the requests for proposals. Mr. Plummer: Now, what is the proposal at the present time of the administration? The running time for out and back. Mr. Fosmoen: Commissioner, what I heard the Commission today was sixty (60) days from the date of issue. Mr. Plummer: What does this call :.or? Mr. Fosmoen: Sixty days (60). Mr. Plummer: This calls for sixty (60) days? Mr. Fosmoen: I don't recall, COmm.Ssioner, But if it doesn't, we'1]. change it. Sixty (60) days from the date of issue. Now, let's talk about timing. Mr. Plummer: That's what I brough.up the subject for. Mr. Fosmoen: Let's assume that next Thursday we got agreement on a request for proposal. We'll need to advertise that for one week. I would suclgest we do some major advertising, we natify various trade journals and so forth that the City is accepting bids based on these documents that they're available. I think that a reasonable period of time is two weeks. Okay. It's assuming we can get into the trade journals. I have not got that tracked out yet but two weeks for advertising. The fact that we are accepting proposals. Mr. Plummer: Is this after the mcuting of the 26th? Mr. Fosmoen: No. I'm talking about after next Thursday. Assuming this is acceptable. Mr. Plummer: Okay. Mr. Fosmoen: Two weeks for advertising, sixty (60) days for the companies to submit their proposals from thc final date of advertising so that's two and a half (2 1/2) months. Mr. Plummer; So what you're then ..am I to understand what you're saying... I hope I'm not, that after next Thursdays meeting, be prior to the second reading, final reading, you're going to be out advertising? Mr. Fosmoen: Yes. Because these ,Ire specifications that don't relate to the enabling ordinance that yo!z've adopted. The enabling ordinance does not track the specifications, sir. It simply permits you to issue a license. Mayor Ferro: In other words, it is a classical enabling act. That's all it is. Mr. Plummer; Okay. all right. ,I'm just asking, Mr. Mayor. Mayor Ferro: I learned my lesson well up there in Tallahassee. . 102 O C T 3 01980 !'-'ss•` £lSYCYdix' 1L'IfeY,'.�:..: I Mr. Plummer: There are those in Tallahasee who question that. That's why you're here and not there. (LAUGHTER) Mayor Ferro: Now Plummer, since I'm :,Ot runn:irng for ele;:tion this November, and there are two members of your family that are running. (LAUGHTER) Mr. Fosmoen: Approximately two and .n half (:: 1/2) months from next � Thursday, the Commission can expect a rather voluminous stack of docwnents back from the bidders. I woulI-t suspect that: it's going to take somewhere between thirty (30) and forty-five (4E,) days to analyze those, so we'll be ... you know, we're into January. i Mr. Plummer: So in other words, if t'c-•: RFD's go out, you're assuming by the first of December? Mr. Fosmoen: Yes, that's reasonable. Mr. Plummer: So then you're calking about they would be returned approximately the first of February? Mr. Fosmoen: Yes. Mr. Pluiwroor: Then you're talking about sixty (60) days for analyzation. Mr. Fosmo,2n: Thirty (30) to forty -live (45) days. So in the middle of March. Mr. Plummer: So what we're looking at is t;ien possibly around the first of April. I'm giving you a little L)Liffer. Mr. Fosmoen: okay. Thank you, I appreciate it. Mr. Plummer: Okay. I'm just asking. Mr. Fosmoen: You know, I've looked at ways to cut that back but I don't see any way of cutting that back and giving adequate time for bidders to respond. Mayor Ferre: Okay. Any other questions, statements? 40. ALLOCATE $824,531 FEDERAI, REVS?ti E SHARING FUNDS FOR SOCIAL SERVICE AGENCIES; AUTHORIZE CITY MANAGER TO INTER INTO AGREEMENTS Mayor Ferre: All right, item number three (3), Mr. Fosmoen. How long will the revenue sharing item --ke? Mr. Fosmoen: I wouldn't expect it to take very long, Mr. Mayor. Unless there's controversy and I have not heard about any at this point. Mayor Ferre: Does anybody wish to speak on revenue sharing. Anybody want to speak on revenue sharing? Mr. Plummer: I move it. Mayor Ferre: All right, there's a.motion. Mr. Lacasa: Second. Mayor Ferre: And a second on the riwenue sharing as presented. Moved Plummer, seconded by Gibson. Further discussion? Call the roll. 103 OCTa i^C 4° Mr. Plummer: Is it an ordinance or what? Mr. Fosmoen: Well the only point I want to snake in reminding you that if Federal Revenue Sharing, General Revenue Sharing does not pass Congress, so this is subject to reenactment by Congress of Federal Revenue Sharing. Mr. Plummer: Well I hope you're not going to let us write any blank checks. Mayor Ferre: We heard Plummer's speech and it was a good one. Call the roll. The following resolution wa:: introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-784 A RESOLUTION ALLOCATING $829,581 OF FY 80-81 FEDERAL REVENUE SHARING FUNDS APPROPRIATED BY PASSAGE OF ORDINANCE NO. 9171 TO PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES LISTED HEREIN FOR THE PERIOD FROM NOVEL-11S ER 1, 1980, THROUGH SEPTEMBER 30, 1981; AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE AFOREMENTIONED AGENCIES (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 (Rev.) Theodore R. Gibson Commissioner Joe Carollo vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None FOLLOWING ROLL CALL: Mr. Plummer: Mr. Fosmoen, I hope that when you inform us of this, you have also informed the agencies that are on the receiving end. Tape 9, 10-30-80 Meeting Mayor Ferre: Okay. while we're waiting fear everybody to set- up and do all that, is there a motion on the previous minutes? Mr. Lacasa: Move it. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Second by Gibson. These are the minutes of July loth and 24th, and the Planning and Zoning Minutes of July 24th. Moved and seconded, further discussion? Call the roll. The preceding motion to approve the minutes of the duly loth, 24th; Planning and Zoning Minutes of July 24t1 was introduced by Commissioner Lacasa, seconded Commissioner Gibson and passed and adopted by unanimous vote. 42. AU PO:RIZE AND DI ''.;CT C'i"'Y L\IANAGER � O :`• :GOTIA'i'F. WITS i1A :l`iE STADIUM EN` ERPRIS".S, FOR LEASE. AND OPF �ATION OF BID PA_2Cu "B" AT ;ARINE STATIU :, WL`.:t CONDITIONS, FTC. Mayor Ferre: Mr. Jennings. Mr. Robert Jennings: mr, .Mayor and raember� of the Commission, there are two items on your agenda that are being considered today as part of this subject. One is 17 (a) and one is 14 (a), I believe. 17 (a) being the Rowing Club item. Mayor Ferre: I'm sorry. We're taking them both up at the same time at the request of Mr. Plimuner. Mr. Jennings: Yes, sir.. To give you a brief run down of where we are today, I'll start with the rowing clubs. Some years ago, the Miami Rowing Club negotiated a lease with the City for this parcel of land over here which is on the road leading into the Rusty Pelican. There is a contract existing between the City and the Rowing Club for the Miami' Rowing Club use of that property. At the same time, or roughly there abouts, the Big Five Rowing Club negotiated for the use of this parcel over here which is on the east side against, roughly... it's actually the north end of this parcel, which is against the fence leading to the Planet Ocean property. Now neither the Big; Five nor the Miami Rowing Club actually ever utilized these properties, as far as I know. The Big Five some 'time after these situations originated, the Big Five terminated their agreement with the City and said they no longer had any interest in using this parcel. At that. time, the Miami Rowing Club asked it they could transfer from here to lore because this parcel was more desireable in their eyes. This was permitted. And they transferred over here and have been using it for quite some time on a month to month basis. There is no agreement that exists. Now what you're being asked to do today is terminate the Miami Rowing Clubs ... and this is all handled in that one document that's before you. That document I O U 1' OCT 301980 Mr. Jennings (continued): terminates their agreement with the City for this parcel and provides them with this new parcel over here. This parcel, as you can see, extends from, there is a road that runs in here between the Southern Bell station and �oes between the two parcels and comes along and goes over to the penins,Ia. The Rowing Club has asked for this entire parcel which extends L11 the way out to the fence line so that eventually they can, with the :ounty's approval, put in their own road leading to this property, to their property and therefore, they will not interfere with whoever is using th! main part of this Marine Stadium. So that, in a nutshell, is where we stand today with regard to the rowing club situation. Now, o get on to the rest of the package, the City, as you know, has req:ested bids for the Marine Stadium with two parcels —in two di.`ferent sections. Parcel. "All being everything with the exception, everything in the light brown here, with the exception of this square her: or this rectangle. From this line towards the west within these bou:daries, this is the boundaries of Mr.. Hancock's leased premises at the moment. So parcel "A" is this entire parcel here. Parcel "B", which was offered for bid is this small parcel right here adjacent to the road on the south and the other road that leads to blr. Hancoc:'s property. And that's where we are today. And the City did, as I said, solicit bids. And at this point, I think Mr. Harrison... where dii he go? Bill... Mr. Lacasa: Bob, let me ask you this. How many bidders do we have on each one of the parcels? Mr. Jennings: All right, we have two bidders that bid on both parcels "A" and parcel "B". We have ... this gets a Little complicated because one of those two bidders has said that they have no interest in parcel "B" alone. They either want "A", or "A" ani "B" but they don't want just "B" alone. The other party has said h2 will take either "A" or "B", or both. Then, we have three other bidders who have bid on parcel "A" alone and we have one bidder who has bil on parcel "B" alone. Mr. Lacasa: So actually there are three bidders. Mr. Jennings: There are five bidders total. Mr. Lacasa: Five total. Three are bidding on parcel "B" either by itself or combined? Mr. Jennings: That's correct. Mr. Lacasa: And two only on parcel Mr. Jennings: Yes, sir. Father Gibson: That piece of land there, has, what is that? Mr. Jennings: That is parcel "B", sir. Ccmmissioner. Father Gibson: Mr. Mayor, isn't it true if you're dealing with parcel "B", didn't we do something with parcel IV before we touched parcel "A"? Mr. Jennings: Ao, we have never bid it be:ore, if that's what you're asking. Mr. Plummer: No, no that's not what he's asking. Let me tell you something, and I want to get this thing in proper perspective, okay? So that nobody is mislead. Because it was I who made the original proposal. With the pretense of the need for more boating activities. That was the original concept, to go out and to expand so that we could have more boating facilities. Nov, once that was established, somebody came back in and said well, lets take into consideration the whole complex. Okay? And I said, fine,. I've got no problem with that but the main thrust, the original thrust was scction... even more so was a part of that which Gene Hancock has today, as I recall, it was section whatever you called it back then. But it was the gasoline pumps f0 E VU 1st OCT 01s8o Mr. Plummer (continued): as I recall. No, not the hut, that was already there. (INAUDIBLE COMMENT SPOKEN AWAY FLOM THE PUBLIC RECORD.) Mr. Plummer: Okay. I understank that. But what I want made clear in the record, the original concept here was for expanded boating facilities. Okay? And as an after thought, --he other got thrown in. Now, let me ask a question, Bob. In the spet!s which I have slot read, did the specs delineate the boundaries? Did t}te specs delineate the boundaries. Mr. Jennings: Yes, sir, they di:i. In fact , there were diagrams with each set of specs. There were t%!o separate requests for proposals mailed out. Essentially to the same pa -ties but there were... Mr. Plummer; And each one was ,,)ecific in its delineated boundary? Mr. Jennings: Yes, sir, Each ;,id a diagram attached, in fact, showing what the boundaries would be. Mr. Fosmoen: Would you like a summary of the bids? Mr. Jennings: Mr. Harrison can ;provide that. Mr. Joe Harrison: Basically, in your packet today you have been provided with a summary of the bids that have been submitted. The germain part that speaks to the financial aspect is located on an individual page, whereby we laid out the five proposals. As you can recall, we went out for appraisals on the project before the bids were put out so that the independent appraisers could indicate to the City pursuant to the Charter amendment what a fair return to the City would be. As you can see, ti;e bids were substantially higher than what the appraisals had indicated was necessary for a fair return. Do you have any specific qu 3tions you would like to ask about the... Mr. Fosmoen: The bids are summarized in your agenda material. There were presentations made to the Waterfront Board approximatley one week ago. The Waterfront Board recommended Sea Escape. It is the administrations position based on the bids received and the amount of return to the City that we should begin negotiating with Sea Escape. There are representatives from each of the bidders here. Perhaps the Commission wishes to take some time and hear presentations from those bidders. Mayor Ferre: Anybody else have any objections. Okay, lets proceed with that. Let's first of all see if we can get poor Mr. Montalbo to go back, so that Eastern Airlines won't lose any more money and the stock won't go down any further. Go ahead, Mr. Montalbo. DIr. Montalbo: A brief background on the Miami Rowing Club so everybody understands it's not a club per se. It's been in existence since 1974, when we rowed at. the lake south of the airport. That site became impossible for us to continue on and we moved to the stadium where we've been for the past almost two years, year and a half. The Miami Rowing Club is �I non-profit organization. It's dedicated to promoting the sport of rowing among youth. It's open to every member of this community, to everyone. It's completely volunteer. It's very much like perhaps Virrick Gym type concept where many of us, and there are somi: here dedicate their time to coach, mostly youth in the sport cf' rowing. We go around the community begging for funds from companies tend individuals, use those funds to buy boats to build facilities, and then make that available to the community. In addition to youth, we do a rowing camp which we started this summer with the City of'Miami for young kids from the City area, closer on to Key Biscayne. It was very successful this summer, and we hope to expand it next year. In addition to that, we have recreational rowing for what we call veterans and that's people like me that are 'past the age of competing and the veterans program pay for Yeing in the club, a small fee, ten dollars a month right now. And with that money, it also goes to the Youth Program. It's a complete volunteer force and the limit of what we can do 107 W� OCT 3 0198o 6 t Mr. Montalbo (continued): for the community is the limit of the funds we can get. This place is ideal for rowing. As a matter of fact, it's probably the only place that provides the calm water and the distances needed for rowing. In addition to this, we compete all over tha world. We've competed in Puerto Rico, in Mexico. We're going to go to Argentina next year. We've competed all over the east of the United States and this year, as a matter of fact, this shirt wearing the name Miami which is our racing shirt that we have worn always, was worn by a youth group that won the U.S. National Championship. And this shirt was worn by a City of Miami resident named John Lago, and I'd like to give this to the Commission. That's a U.S. National championship shirt. That was 6' 4' 205 pound young kid. Anyway, we do not see any conflict with the uses of the Marine Stadium, the Sea Escape and the other, Mr. Hancock's proposal, with us. We can still practice there. It's really the only place that we can practice. We do need the access to the Rickenbacker Causeway there and a place to park, because right now we're using the stadium itself- to park. We Dope, if this lease is approved, to go on a tremendous fund raising drive and try to build a gym for training which we need, all sports need ground training and rowing is no exception. And also, a rowin,3 tank that we need to teach new people how to row. And that's the extent of the use. Mr. Plummer: Mr. Mayor, so there is no misunderstanding, I'm all in favor of your program. I have been over there on a number of ocasions out there in early morning, late at night, and you know, it's dedication. There's no question. All I have said today, and continue to say is that you are asking for an expansion of the territory that you previously held. All right? Now, this Commission today is concerned about revenue, not from you. Not from you. But we're interested in expanding facilities, we're expanding revenue for this City. And I think that at this point, that we should in fact, hold the approval. If it will make you feel any better, I will assure you that I will fight for your right to have these facilities but not necessarily as you have them laid out here. Okay? I'm going to address, for example, the Southern Bell situation. That's not permanent. it can possibly be moved to a different part of the location. It can possibly, you know, these are things that I'm saying, Commission, don't tie your hands until we have the total picture. That's all I'm saying. You will be assured, I will fight for you to be there. Mr. Montalbo: Than: you, sir. Can I perhaps, going on your point, is, does any of the proposals that have been put in front of the City conflict with the Miami Rowing Club which would be the case for reallocating the land. Mr. Plummer: I can't answer that. Mr. Montalbo: Well they are all here, I think, today. So if anyone has a conflict, I think they can ... no? Father Gibson: Is that included in the bid? Wait a minute. This gentleman is asking a question and I see mcz out here indicating no. But that's not what I hear. is that site tYit this gentleman is referring -to, I'm asking the staff, they ai the only people that have to answer. Is that site involved in that hid proposal? Mr. Jennings: I will have to answer that c,iestions in two steps. Okay? The lower portion of this site was part of the bid specs for parcel "A". Yes. However, at the hearing before the Waterfront Board, each of the bidders was asked on the record if they recognized that this parcel would not be available to them because it might be awarded to the Rowing Club. Each of them indicated they did recognize that and had no problem with it. Father Gibson: All right. That's all I want to hear so that when -we go any further you know from the.word go ti.at you don't have a right to that piece of property. Okay? We're together. Let's move on. Plummer, if you want to work out another configuration. �.��► 00T34 �ao ist f C, Mr. Plummer: No, I have some prohle!,m with the Waterfront Board doing any dictating around here. Mr. Fosmoen: They're not dictating, Commis—,ioner. They were Just asked on the record, each of the proposcr, was asked by the Waterfront Board, on the record. Mr. Plummer: Oh, they asked. Mr. Fosmoen: The staff asked on the record. Father Gibson: Okay. mr. Harrison: Would you prefer tr, hear from the individual proposals at this time? From the: individua: b.dders? Mr. Plummer: What do you suggest. Mr. Fosmoen: Yes, I would recomnu:nd that you hear from the bidders. Why don't we take them in order as r,commended, in the priority recommended by the administration, which would be Sea Escape first. Mayor Ferre: Proceed with the presentations. Mr. Blaine Davis: Gentlemen, I'm Bi,tine Davis, and I'm one of the... Mayor Ferre: Mr. Davis, before you commence, how many people wish to address the Commission on the presentation portion? I assume you want to make a presentation. Mr. Davis: That's correct. Mayor Ferre: Yo want to speak with Mr. Davis, Mr. Cosgrove? (INAUDIBLE COMMENT) Mayor Ferre: All right. Now you wish to speak on a separate proposal, is that correct. Mr. Gerstein, you also wish to speak. Mr. Gerstein: (INAUDIBLE COMMENT SPOKEN AWAY FROM THE PUBLIC RECORD) Mayor Ferre: Okay. Now, so that means that we have three people who wish to make presentations to the Commission. Are you a presenter or are you an objector? (INAUDIBLE COMMENT) Mayor Ferre: Huh? UNIDENTIFIED SPEAKER: A bidder on parcel "B". Mr. Plummer: You have the gentleman from the helicopter. Mayor Ferre: Yes, I've already recognized him. (INAUDIBLE COMMENT FROM THE AUDII:,NCE) Mayor Ferre: That's tine. I understand that each one of these applicants... now, the objectors who are also here will have ample opportunity to speak before we conclude. Okay? Now, the question is this. How many minutes do you think you're total presentation will take, Mr. Davis? Mr. Davis: Mr. Mayor, are we just discussing parcel "A" right now, the Stadium? Or are we discussing "A" and "B"? Mayor Ferre: I think we have to discuss both "A" and "n" and then we may have to vote separately, obv:,.ously and'take in in separate orders, I don't know. But I think you'd better speak to both issues. 109 OCT 3 01980 ist C V Mr. Davis: Okay. I believe I can summarize Sea Escapes position in about five minutes. Mayor Ferre: Counsellor, how long will you need? UNIDENTIFIED SPEAKER: Five to ten minutes. Mayor Ferre: Sir? (INAUDIBLE COMMENT FROM THE AUDIENCE•") Mayor Ferre: Now, does anybody need more than five minutes I guess is the questions. Well okay. I will then give each of the applicants ten minutes to speak. That's forty minutes, okay? (INAUDIBLE COMMENT FROM THE AUDIENCE) Mayor Ferre: They will also have ample opportunity to speak against any of the proposals once they have been made, and we will give you plenty of time. We will each, chive you about three to four minutes. That should be about twenty-five to thirty minutes in opposition to all the programs. Okay? (INAUDIBLE COMMENT FROM THE AUDIENCE) Mayor Ferre: You may. Mr. Plummer: Come to the microphone, sir. UNIDENTIFIED SPEAKER: In the bid and in the responses, is there anything that directs itself to the traffic problems that will be created by the crowds, and additional vehicles. Mayor Ferre: We will get into that, sir. UNIDENTIFIED SPr_W' R: I'm asking, is it in the bid? Is it something that these gentlemen would respond to in the bid? Mayor Ferre: Yes. All right now, proceed, Mr. Davis. You have ten minutes if the Clerk would kindly... Mr. Davis: Okay, thank you. My name is Blaine Davis and one of three pricipals involved in a corpora ion called Sea Escape of Miami. Thus other two principals are here, Leslie V. Yantin, Jr. and Wit Maclemore. We submitted a proposal for the leasing of Marine Stadium back in October 1, and it revealed, the Clerk the opened the bids at that time, and it revealed that our proposal was the best financial arrangement for the City. We appeared before the Waterfront Board and discussed both parcels on October 22 and the Board voted unanimously, there were six there, they had a quoriml, 6-0 in favor of Sea Escape on both Parcels. Also, it's our understanding that the City Manager has recommended Sea Escape. We think the proposal is thorough. You've all seen it. It goes about eighty-three (83) pages. We feel we've done our homework. Not only that, but more importantly, we feel that Sea Escape is in a position to accomplish what is in that document. We know that it's a matter of public record, and we feel we can live by it. Basically, what we're saying gentlement is, that we're in a position to go into Marine Stadium and do a clean up, which it needs, we will conduct some landscaping, we have a plan for that. We will upgrade the sound and lights at the Stadium, and at some point, we hope in the near future, come up with an alternative for the existing floating barge which we feel is inadequate for our needs. We're really basing everything we're going to do despite the eighty-three (83) pages in the book we feel it's very..simple. We don't think it's novel but we believe we can make it unique. And that is to conduct what we believe are very high type daily _ year round professional water ski and diving shows. We'll base all of this script on an historic Miami theme which I think makes us a little bit unique. We also don't know of another entertainment center that has incorporated the divers into this kind of a show. All of our marketing, all of our publicity will be 110 ist OCT 3 01980 Mr. Davis (continued) : directed :) xL,,raily tZpaa cratertai=a nt. Our data reflects a need here, primarily fa.� might ta.nc entertainmunL- in the Miami area. Also, we have within Dur :,laaj & very serious concern for the boater. We don't believe that he nas been a,.comodated pru;?erly in the past, and we feel that he should }e p:,troni4_�el and taken care of better out at the stadium. Within our p-, opo:,al in ,all the financial projections, within our proposal and the finan,ial projections, based everything upon revenue derived from the wataf s`,ow. in addition to that, we know we're required, and we want to co:,duc': what we'll call special events. They're all described in our proposal. The_u would include the continuation of the Champion Spark Plug Regatta and other boat races, the Pops by the Bay Concerts, and Sea Escape is in a position to .produce shows of its own, including Aqua -America, a festival. We also would like to produce televised, paid tcev.ised jumping, and ski jumping and diving events, and ultimately a major boat nhow. We believe that with those existing events the boat...the .egatt�:s and the racing, and the Pops by the Bay, with our marketing techniques, our resources and the technical upgrading that's doing to h. done we think we can enhance what has already taken place out there. e:- prime consideration, one of our top priorities, we feel for us to go Dut t'r(=re and be successful, we've got to build a reputation for Marine Stadium. It is under: used. It either has no reputation or it ha:, a very negative reputation. We feel we can accomplish this and can �onme up with something within our plan that's unique and different. We uon'c we can do .it alone. Going in there as an entrepenur, Marine Stadium, has ca very high risk venture. We think we can do it if we're able to ;:)ring the lease holders on Virgina Key and some of the private interests on Key Biscayne together so that we can create and aquatic or a marine entity out there. In order to accomplish this we've goc to co -promote with them, we've got to cross -promote, and we've got to expand to Key Biscayne to utilize the hotels and restaurants up there. With more attractions on Virginia Key, people will stay longer. Thin is extremely important because we've been told that if there is another attraction on that Key and people stay, what we wil, do, the tour bus operators who are vital to us, will increase their schedule and the�,111 solicit more people and promote and get them out there. 'L'hi: translates very easily into less traffic, we think, on Rickenbacker. Cz,useway. We'll also promote the use of the water taxi, we hope, the tour boats, and other means. We think that the Key needs a plan, short and long range, and we also think that the small parceling off of any of thu geography out there on Virginia Key at this time is going to be dangt.rous to any long range development. We're concerned about ... I'm talking about traffic, about the aesthetic appearance and about the conflict of events going head to head and building a lot of traffic. To su,rnma-cize, we're concerned with our reputation out there, we think we have -the plan, we have the correct people to do it, and we have the resl>urces. That concludes my remarks on the stadium. I'd like to talk ju3t for a minute about parcel "B". When we appeared before you last time, we ,,-ere asked if we had any interest in parcel "B" if we did not obtain some kind of a lease on parcel "A". We'd like to request at this time, to reverse our position on that. We have looked into it, st•idied it a bit more, and we feel that we'd be capable, as we understaid the bid specifications, to develop parcel "B" for the purpose cE parking boats and trailers. That concludes it, sir. Mr. Plummer: Are we going to hold c.iestions, or are we going to ask questions as the presentation is mad.. Mayor Forre: Well, what's the w.ill rf the Commission? My intuition is to let everybody make their p Yescntations and then ask them questions after. Mr. Plummer; Glad to abide by it. Mayor Ferre: Okay, you're group has now concluded your presentation. Mr. Davis: I beg your pardon? ist uowne�ow�awa� .m�.� �1 Mayor Ferre: You have now concluded your presentation. Mr. Davis: Unless there is some comments from my partners, I have ■ concluded, yes. Mayor Ferre: There will be questions, I'm sure, from members of the Commission. Mr. Davis: Okay. Thank you very much. Mayor Ferre: Have you concluded? Mr. Davis: Yes, sir. Mayor Ferre: All right, thank you, sir. All right, the next speaker. Mr. Gerstein. Mr. Richard E. Gerstein: Mr. Mayor, members of the Commission, I'm Richard E. Gerstein. My address is 66 West Flagler Street, along with Paul Rashton of my law firm at the same address....Eugene Hancock. We would like to address you. We arc appreciative of the time and respect the fact that you have been here a long time. I represent Marine Services Enterprises, Incorporated, and Mr. Eugene Hancock. We would like to first address ourselves to parcel "B" and then to the remaining issues before the Commission. our position is that once the City Commission approved the terms of the bid, it was granted to Mr. Hancock. And Mr. Hancock, Marine Enterprises, Incorporated obtained exclusive rights for the operation of those concessions contained in the bid at the entire Marine Stadl.um. I'm referring respectxully to resolution number 77-408, adopted by this Commission. Original bid for concession was granted to our client. The concession agreement did not include other areas in Marine Stadium because there were no other areas beside the grandstand where there could be concessions. Thy remainder was a parking lot. Now the City is segregating a portion of the parking lot to be used for boat storage, and our client, Mr. Hancock, and his corporation retain all rights to all marine service concessions at the Stadium. And now the new concession area has been established, he has the exclusive right to it under the terms of the resolution which you previously adopted. You cannot do anything without abbregating a contractual agreement which you entered with him. In addition, and this is something of great concern to the citizens of Miami and to the Commission. His bid is the most advantageous to the City because it provides the best services for the small boater, and the greatest return to the City because this parcel, parcel "B" is land locked unless it is awarded to Mr. Hancock and his corporation. I think that if you will give Mr. Rashton a few minutes, he might want to elaborate on my comments, and Mr. Hancock may have a word to say, and than we want to raise a very serious issue before you concerning proof represented by the previous speaker, that is Sea Escape. Mr. Paul Rashton: My name is Paul Rashton, 66 West Flagler Street. Mr. Gerstein's firm. I'd like to address two issues. I noticed earlier that Commissioner Plummer indicated that the primary interest here is for the boater, the small boater. if you look at tract "B", you notice that it is completely land locked. The person who has rights, the corporation that has the rights for the access to water is Mr. Hancock. If tract "B" is awarded to anyone -other than Mr. Hancock, it's virtually a worthless piece of property for marine purposes. To be able to remove boats from the water and take them to that piece of property would require passage over Mr. Hancock's land. The area that ;le leases. Something that he will not grant permission. To grant permission or to grant the lease of tract "B" to anyone other than Mr. Hancock only hurts the small boater because the small boater would be unable to use that area for storage of their boat. I think it's interesting to take a look at the Waterfront Board meeting transcript of October 22, 1980 with regard to tract "B". The same Mr. Blaine Davis who made the presentation to this Commission made a presentation there. And I'm going to quote from the transcript with regards to tract "B". "We have no interest in going into the marine maintenance and storage business. Commissioner J. L. Plummer OCT 01980 ist 1 14 Mr. Rashton (continued): asked mt. if. I had zny experience, or any of us and I said no. And since that. meeting I .4as wondering what experience You have to have to park boats and trailers. We feel that we have no interest in parcel "B".".... Mayor Ferro: Who is this? Mr. Rashton: Mr. Blaine Davis. The sane: g nt.lernan who was telling you of their interest in parcel "B" today. On .ctobcr 22nd, concluded his comments by saying it :is not a concern of oars if you do nut recommend us. Literally speakintt, the interest of Sc: Escape is not in parcel "B", it is not in boating, i.t is in having a pac::age. The proposal of Mr. Hancock, is one which provides for the ,oaters. it provides the advantage for the boater because it gives t.,em access to a parking facility, a storage facility which is not hind locked, and over land which they can move back and forth from the water from the other package. Financially speaking, we're not talking about much of a difference. I think if the proposals are b::okan down, you'll see that if this area is used for nothing more than the storage of boats, and that's all, it will never bring sea Lscape ..is much as they are payi:-ig the City, twenty five thousand dollars ($25,O00). There's no chance for there to be any conUnission above and be:,ond that. But if this is granted to Mr. Hancock with the advantage t.lat it would no longer be a land locked parcel., the facility would bt. ably: to provide perhaps as much as sixty thousand dollars to the City 'Occause he would have facilities to remove boats from the water IDr the small boater, take them back to an area if racks were necessary to jo that. It would certainly be something which is more advantageous to the City. And I simply refer the City Commission to the Code. Tht. code provides that the bid would be accepted that is most advantageou:. to the City. I think it's important to stress, and I wish to stress .:t at this point, that in 1977, when Mr. Hancock or his predecessor «nom he's been assigned when Marine Stadium Enterprises, anc. made its bid for concessions for food, beverage, novelty, tobacco, fish. -,rig and boating supplies, it was accepted by this Commission in RGsolut:Qn 711-408. Once it was accepted, a contract existed between Mr. H:,ncock, now the owner of that, property, the lease, and this Citv. This City —what it is doing at this point is sending out for bib the sa.,cte property twice. Mr. Hancock has the legal right to be the sole bidder on t-lis concession, as to tract "B", and for that matter, for tract "A" anct I think he's being denied it. I think this is an important legal implication which has to be considered. And I would just refer the Commission to its very own Resolution of 77-808 in which it accepted :he essential terms of the bid proposed by then Marine Stadium Enterp_ises, Inc. And what that bid provided for was for a five year lease which would allow for the concessions that I've indicated. And I wo,.ld say to the Commission that what the City is apparently doing is letti.ig out for bid a concession which is owned by Mr. Hancock. Mr. Gerstein: Mr. Mayor and members of tha Commission, may I make one additional point. I said that there was a serious liability which Sea Escape moved passed. That serious lietiAlity is a violation of the City code in that a member of that group .i:; a member of a City Board and is prohibited from transacting under the Code any business with the City. He has stated in the public press that he will resign in sixty or ninety days. That's ex post facto. He cannot do that, he cannot transact business with the City today and resign in sixty to ninety days from that board. He is prohibited by your code from transacting business with the City. Respectfully refer the members of the Commission to the Code. Mayor Ferre: All right, we have two legal questions that have arisen. And since I said that we would hear everyi,ody and come back to the question and answer period, if it's all right with you, counsellor, we'll hear the other two presentations and then we'll open it up for Commission discussion. Are you concluded at this point? Mr. Gerstein: We are. 113 ist 0C; 01980 Mayor Ferre: And I will recognize you Mr. Pantin on personal privilege when we conclude all of this. All right, counsellor, you have ten minutes. And I might point out that both of your predecessors took less than that and we'd be if you would coo. Mr. John Thomas: I certainly intead... Mr. Mayor, Commissioners, my name is John Thomas. For the record, I'm an attorney representing Marina Biscayne, Inc. here today. I believe everybody knows by now Marina Biscayne Inc. has created a first class marina out near the Marine Stadium area. We built two hundred dockage slips for boats. We built, to this Point, one hundred (100) boat rack storaJu spaces on dry land, we have boat trailer storages, we have a ship store, and the marina is still expanding. We feel that this is one of Miarai's primary assests on the water, and we want to continue to build Marina Biscayne and make it a better and stronger marina to provide more marina facilities to the public and the City, with the concurrent revenue that comes to the City from this lease. Now, parcel "B". You've just been presented with the previous speakers as to the issue of whether this parcel can even go out for bid. Wbether it's pasLib:e to have this out to concession, I'm not going to speak to whether th:;s concession that is under lease to Marine Stadium Enterprises, Inc. includes parcel "B". So let's just use common sense and look at parcel "B" or what the gentleman previousl have just said. It is :and locked, there is no water access to parcel "B". Marine Stadium Enterprises is, in fact, the only people who can go across their property to put boats in the water from parcel "B". Marina Biscayne wants to be the 'primary marina facility' at the Marine Stadium area. We've been on parcel "B ", we want to expand marina facilities whereever possible. Is it possible for us to use the parcel and put boats into the water from parcel "B"? The only way we can see to do that was to have access from parcel "B" to the water so that we can take the boats from parcel "B" across Marine Stadium Enterprises concession area and put them in the water. Therefore, we did incorporate the requirements in our bid that we be allowed access to the water fror„ parcel "B". Th<<t's the only thing that makes sense. Gentlemen, what are the rules here:? Can we have a parcel used for marine storage purposes without being able to get to the water? What else are we looking at here if we're discussing parcel "B" for storage of boats? How do those boats get put into the water? Boat storage racks require fork lifts. Fork lifts can drop a boat directly into the water off of a seawall but they can't pick up a boat directly off a seawall without a couple of arms that stick out into that water to line the boat -up on the fork lift arms so that it's raised safely. There are no provisions at the seawall, at this time, for a lifting a boat out of the water on a fork lift. Please consider how this staging area for the boats must be built in the pit area. Flow it will affect the pit area, will boat racing still be available in the Marino Stadium area if this facility for lifting boats out of the water is built in the pit area. Please consider this. This impacts on the entire use of the Marine Stadium. How about parking for the cars that come to use their boats in this boat storage area. Please consider that there is a provision in the City Code for -parking spaces for everybody who comes to use the facility, such as the boat storage area we're talking here. I think it's necessary to consider where those cars are going to be parked. Are they going to be on parcel "B", are they going to be in the general parking area fcr the Marino Stadium area? These are just a couple of items that I don't believe have been directly addressed and are necessary to be considered along with the use of parcel "B" for marine uses. Gentlemen, I would simply reiteriate that Marina Biscayne Inc. wants to provide ar'much marina facility to the City of Miami as possible to our benefit, your benefit, and the boating public of Miami. We invite each of you to come out and see what we've done, what we're going to do, and see whether it's necessary that parcel "B" be used for boat storage at all. I would ask one further question of Marine Stadium Enterprises... contended that there is a long waiting list for boats to use their facility. Why then is there an advertisement which has been running in the nei,,spaper asking for more boat storage people to call Marine Stadium Enterprises numbor for boat storage. If we do have a waiting list, why was this advertised placed? I'd b12 glad to answer any questions. That's the and of my presentation at this t tme. ■ 114 i!.t OCT u 01980 I I. Mayor Ferre: All right, sir. 'f'nank you. Next presentation. You've got ten minutes. Mr. William J. Ter Keurst: Mr. Mc:yor, Conun:_ssioners, Dade Helicopter has approached the City of Miami ever two yQ,-.r's ago in rererence to ;gutting a separate bid propo;;al .for a heliport on this particular property. We responded to this ... we've been twc and a half years in trying :.o get the City to put this pacel out as a se. prate bid. Up until we react the ad in the newspaper we were: under the impression that This would be in fact a separate bid. The speczi for it were completely set up, the ads were already to be inserted in the newspapers when we found out that it would be an entire: bid. Dade Helicopter, in order to tae responsive, did bid on the entire parcel.. The other proposals and the: othr:,r bids for this particular area for the 'arine Stadium make very little, if any reference, to this particular sec%ion of land. The only proposed priemer investments, proposed forty thousand allocation for a heliport with no particular area. Marine Stadium Enterprises said they would like to put in a heliport but there were no particular references to any other way. Sea Escape, to this particular area of land, the only reference to it was part of it being a nursery. Dade Eclicopter intends to invest approximately two and one half million; dollars (52,50O,0O0) in the heliport area alone. Including capital imprc)veinents, air craft, equipment, etc. which far exceeds the investment of anybody else in the entire Marine Stadium. This heliport will have to 1.;o licensed not only by the City but by the Federal and State Government as well. It's really quite: an undertaking that really should not be don-:: by a solely marine or.ianted organization. The air craft busir.ess is an untirely different business and takes a particular different -,ype of expertise. The heliport operation on the key is paramount for several reasons. First, which would certainly include ener(;ency medo-vac. We all know there's a traffic problem on the Key. And I'm sure...we haven't talked to these people but I'm sure we'll get their support. If you have a heart attack, you're going to die before you get to a hospital. There's no way to get off the island. We offer a free, if the ;)eople cannot pay medo-vac service, we can get people orf from that property, or the adjacent waters by landing in the waters or any p::.ace on the Key in less than ten minutes to the emergency room of the }lospital, t)robabiy about five minutes. Also, we are offering a sight, seeing rides, again, the medo-vac from aquatic accidents other than medical purpiSes. Our services have been utilized, and shall be utilized by the Police Department, Fire Department, Publicity Promotion, we do executive chartec, transfer, survey, observation during the recent civil disturbances. And we have delivered to the City of Miami during the calander ye.-:lr 1980 app_;.oximately eleven thousand dollars ($11,000) worth of helicopter services out of our present locations. The Police Department is n3w entering into an aerial program where they're going to need a home to puttheir helicopters. All of the helicopter services on Watson Island have a shirty (30) day cancellation clause. This is not a sufficient base to 'c)e able to establish the buildings that we need to properly service, maintain and do a proper job for the Police Department. We need a permanent facility within the City capable of handling not only our old obligations but our new ones as well. We ask the Commission to separate this parcel from the rest of the bid. If this cannot be done, we respectfully request the City Commission to readvertise, utilizing the heliport as a separate bid. The approaches to the heliport area will be over the 'd ckenbacker Causeway which is a large area of several hundred feet, which is a clear area. In case of an emergency, there is no problem as far as danger to anybody on the ground. We're talking ... also a departure...thin is the predominent wing which is southeast. Also, we're talking a very small segment of the property. This is a drawing in relation to the entire property. it's the portion of the property that even during the Mi}.e Gordon races of 79 and so forth, were never used. Even the buttons on the ground that you pull up against have been removed. It's a vacant piece of land that's totally not used at this particular point. We've taken into consideration the access to the rowing club. The i:ence,line of Planet- Ocean is the edge of the model. This would be a direct access into the rowing club. 1 understand that there might... in the two displays, the one we've previously been working on and the display that was in the bid-pecifications were different. The previous bids ha6 a cut out in the part of the heliport as part of the rowing club property. The ones that were issued in the 115 OCT C 1980 ist V Mr. Ter Keurst (continued): bid specs were straight and this can be modified either way. It's no major problem any way. I believe that concludes our presentation. Mayor Ferre: All right, sir. Thank you very much for keeping within the time frame. Now we get to the question portion and the: first question that really needs to be asked, Mr. Knoi. Mr. Gerstein made two legal statements. One with regards to the rights of his client on parcel "B", and the other with regards to a conflict of interest. He didn't name him but I'm sure it's Mr. Pantin in the Civil Service Board... Mr. Gerstein: That's correct, sir. Mayor Ferre: ...as a direct viclation of the City Code. So would you address yourself to both of the legal questions asked. Mr. Knox: We'll address ourselves to the first question first. Upon examination of the original request for proposals, the resolution which awarded the concession agreement to Mr. Hancock, and the agreement itself, and it maybe helpful to the Commission if Mr. Harrison can show you on the map. The area of the parking lot was not mentioned in those agreements. Mayor Ferre: The area of the puking lot. You mean parcel "B"? Mr. Knox: Parcel "B" is the part outlined in yellow, I believe. And that was not addressed in any of these agreements. Mr. Plummer: When you say agreements, are you speaking of specs? Mr. Knox: No, I'm speaking of zhe agreement that was entered into to award with Mr. Hancock. Mayor Ferre: So what are you saying? That. you disagree with Mr. Gerstein's statement? Mr. Knox: I'm saying that the four (4) corners of the document do not refer to the area of parcel "B" in terms of his exclusive privilege... his exclusive concession rights. Mayor Ferre: I see. Mr. Gerstein: What we are referring to, Mc. Mayor., is the request for bid. A bid which was offerod and the resolution. They don't exclude anything. They just refer to the ?roperty known as the Marine Stadium. Commodore Ralph Munroe Marine Stadium. I'm quoting from the resolution. Mayor Ferre: Mr. Knox. Mr. Knox: Right. Now the resolution does describe real property commonly known as the Commodor Ralph Monroe Marine Stadium. Mr. Gerstein: Mr. Mayor, I don't want to bore the Commission with lengthy legal decisions but the United States Supreme Court has ruled on this question as long ago as 1876 and we have that precedent here. This is not a court of law. I don't want to bore you with legal precedent but there is a legal question. Mayor Ferre: Mr. Knox. MIr. Knox: Yes, sir. I was just indicates that the bid specifications an page sixteen (16) identify the areas of the lease. Those areas designated are the main concession stand, and storage area on the mezzanine level between the two vomitory's,' the novelty concession area on the grandstand ground floor, and the annex corcession stand located by the boat pit. That's areas 1 (a), l(b), and•1(c), as described in the agreement. ist 1.16 OCT 3 01980 Ar. Plummer: Question. Are you reading from what document? Mr. Knox: I'm reading from the general conditions and bid documents for the lease that Mr. Hancock enjoys. Mr. Plummer: What is the contract? Mr. Knox: The contract identifies chosQ sane portions. The base agreement identifies those same portions. However, the lease agreement also says that this right is extend& to him for certain real property located at property known as "Commc.ior Ralph Monroe Marina Stadium". There is a fine legal queztion as to whetner or not that would cause: a reasonable person to br2lieve that the right would extend outside of the boundaries, geographical boundarieE of the stadium itself, Father Gibson: May I ask a question? Mayor Ferre: rather Gibson. Father Gibson: Am I to understand ;.hat you have the concession in the Marine Stadium now? Mr. Gerstein: Yes, sir. Father Gibson: Mr. Mayor. V.ayor Ferre: Yes, sir. Father Gibson: I'm not going to gut in the: argument, but you know, I went through one experience: in ti,is Commission that I will never forget. You know what that famous axperiunce is. You don't remember that? The Orange Bowl is the best axampl(�. 1 hope to cod we won't have another experien^e like thatC. Man, what we did is we permitted one- guy to push that little guy out unmerc:,fully. And I ... every night I prely. I think about that thing. I just don't think it was fair. I hope I'm not hearing that again. Mr. Gerstein; That's Qxactly what you arc hearing, Commissioner. And that decision was cted against l.:.tigation this morning when I asked Assistant State Attornay reprasenting Mr. Knox's office. That cpinion from the District Court of Appeals specifically states that the Cite Commission cannot unilaterally modify by resolution its contrac:.ual obligations and impair a valid agreement. That violate:s the Constitution of the; Stata of F;.orida .:f you do that. I'm reading from that decision which Father Gi::son has just referred to. UNIDENTIFIED SPEAKER: Mr. Mayor, �)n behalf of Sea Escape, I believe that... Mayor Ferret Your name. Mr. John Cosgrove: John Cosgrove, 19 Wet.t- Fl;agler Street. I believe that what's happening is we're goti.ing a little bit confusad. The concessions are one item. 'file bid eor the lease of the stadium is what as being considered by the Commission tod.ly, And we do not agree, and I don't think that an ordinary and ],:udent roan, Mr. City ALtorney, which is the guide for determining any a,ibiguity in a contract or a lease would ayrue that the miami Marine ::stadium is a concession like a coc(l cola, or a hot deg because if it were, wo'd be selling more Miami Marine Stadiums than we would hot clogs. And. I think that the item ))afore t.hu Conunission today without belaboring the point is the lease t �f curt,lin real proper ty. Miami Marine S c adi.um and parcel 1113" . And I think the points being raised by Mr. Gcrstei.n, and by Mr. Hancock and their associate is a point dealing with concessions. And we are not disputing that Mr. Hancock has the concession:; according to the limitations and the specifications of his conc-.scion loaso. So I don't understand why we're getting into that discussion. I think wu're taking up the time of the people here who would to ni&he :;ome comments, taking tip your time, and taking up the tine of the public in not getting to the 117 ist C Mr. Cosgrove (continued): issue of who has got the best proposal for the good of the City on Miami Marine Stadium, and on parcel "B". Father Gibson: Counsel... Mr. Cosgrove: Yes, sir. Father Gibson: ...since you expect me to vote, I want to be intelligent. I don't plan ever to be ignorant. Let me fell you something. I heard that same kind of spiel when Joe Robbie came here about leasing, you know, the Orange Bowl. And I don't want yo•., to take exception, you know, but I have no light to guide my future but -.he light of the past. After he got the Orange Bowl Stadium, he deeded to Restaurant Associates. Mr. Cosgrove: We're not interested in that .. Father Gibson: Wait a minute, wait a minut.:. I have no light to guide my future but the light of the: past. I don t know if you understand w}.at I'm saying. Mr. Cosgrove: I understand. I'm going to shed some new light for you. I'm putting it on the record that we are no. interested in arguing before the City Commission on the concession right We fully acknowldege that Mr. Hancock by his lease has those- conceasi>n rights. We're only interested in leasing and in the City Commission approving the recommendation of your Waterfront Board and your City Manafer's Office approving fo.- Sea Escape the leasing of Miami Marine Stadium, parcel "A", and parcel "B". Father Gibson: I want to add this and hush my mouth. That's what Danny Paul told us when he came hero on the Orange Bowl. And it wasn't very long after Restaurant Associates had :o get out of their for their life. Do you understand what I mean? Mr. Cosgrove: 7 understand. Father Gibson: Okay, so I'm saying to you, as one member of the Commission, the things that happen here guide me in fut.ire actions. And I want to tell you, I am scared as all get out. I'rr going to raise another questions because I happen to have been one of the guys, if not the only guy, who raised a question about why are vci including. And I'm going to say something to the Commission that burls me up, galls me. And I think that what you have to do is come court with clean hands. Okay? That isnt' for you but I'll get to that part later on. Mr. Cosgrove: No comment. Mr. Paul Rashton: If I may comment again. ?r. Cosgrove has admitted here that the concession rights are owned by Mr. Hancock at least as so far as we're talking about tract "B". The concession right according to 77408; I hear No's, but a moment ago he said..... Mayor Ferre: "A", not "B". Mr. Rashton: Well, I submit that there's no distinction here. Either he has the concession rights or he Goes not. The concession rights are for fishing and boating supply concession, among other concessions. If that's the case, he is the only person that can properly be allowed to store boats on tract "B". He has that concession. Arid that concession is found in 77-408. So oui position is perfectly clear. it is this, and this is what the law of the United States Supreme Court is, and there are other cases which I will gladly refer to but I'd prefer not to in this proceedings at this time, and that is that once this Commission accepted the bid by 77-408, that's when the contract was born. The contract between Mr. Hancoc}: and between the City of Miami exists by 77-408. That the contract or the agreement which was drafted after that, this is, what the c�.se law says, is merely the evidence of the contract but is not the contract itself. So without being too specific, I say to you that what 77-408 says is what you're bound by and that's where the: contract is. At no place in 77-408 does OCT 3 01980 1:•t I Mr. Rashton: (continued): not say 'hat we are restricting the bid to a portion of the Marine St.idium. it speaks about the entire Marine Stadium. This City's Cod(.: has defied what the Marine Stadium is. It defines it specifically with a lega., desC ription which can bu found in the Code. That refers tc; the enti-e area not just a small portion by the but and the area within th,i concessi,,)n...the concession area within the grandstand. I refer you to 77-408 when. it says, "the: essential terms of the proposals submitted by Marinc Stadia:; Enterprises, Inc. for the operation of a food, beverage, novelty, tobacco, fishing and boating supply concession at the Commodore Ralph Mo:-iroe Stadium are hereby approved. That is the contract. The bid made by Mr.. i;ancock's predecessor, Marine Stadium Inc. provides no exception, to the entire stadium. The entire stadium is the area where his concession ri;lhts exits. And that's the legal issue. Now, if there's a question in your mind as to why the agreement, which was drafted pursuant to thin, resoluti)n, did not include the parking lot reflects on the fact that there was not:iing in the parking lot that had a concession. If there had been a — t-rlct "I3" segregated at the time that this was signed, 1977, then you would :;ave a provision for it within the agreement. Now the Commission; is sayi;; we're going to have a new area, tract "B" in which there can be a concession. If that's the case, the exclusive rights for that belong to Mr. Hancock. He enjoyed that right for the five year period of the original lease, in addition to whatever modifications have been made sine: then. 1 don't want to get into that at this point. But I say to you that 1ega.iiy, the exclusive right for the concessions I've listed, pursuant to 7,-40�' which accept:eci Mr. Hancock's bid extend throughout the entirety of the i'.-trine Stadium. That's tract "A", tract "B", what he presently resides on by the hut, and all other areas not previously leased. Mayor Ferre: All right, Mr. Knox. Do you ,.cant to add to the legal interpretation of all this? That's what we're talking about now. UNIDENTIFIED SPEAKER: I'd like to make on, quick comment on the legal interpretation. Mayor Ferre: On the law. This is not a c(,urt of law, but obviously the crux of the matter now becomes a legal interpretation. Mr. John 'Thomas: For the record, I'm John Thomas for Marina Biscayne, Inc. Please consider that Marina Biscayne, Inc. is also part of Marine Stadium. We were there under lease before Marine Stadium Enterprises ever came. We have boat racks, we have other marine facilities on this same area known as the Marine Stadium area. if you %re to accept: the argument of the representive of Marine Stadium, Inc., we definitely have a problem if you have both least and concussion righl�s for the entire stadium. Mr. Rashton: It would not be improper because their lease obviously proceeds ours. We do not intend to encroa=h upon their lease just as we're trying to prevent others from encroaching upon Mr. Hancock's. Mr. Cosgrove: Mr. Mayor, can I just make one last comment. I know you want to get on to hear from Mr. E,nox. I b:live that every lawyer in this room would agree that where: there i;, an ambiguity in the contract that the interpretation of that ambiguity ,jould be determined by the intent of the parties. And I di,cussed witih John Copelan and George Knox the intent of the parties at the time that this ambiguity, so called amgiguity was created, and therefore...and there is nothing to determine that. And therefore, it goes back to the City Commission, for you five elected officials to decide. Mayor Ferre: Okay. Mr. Knox. Mr. Knox: My statement to you is going to be that it appears that there is an ambiguity. And to resolve an ambiguity, it depends on what the parties intended at the time. Tht= contract itself makes no reference to the parking lot. However, there was nc nead at the time to have any reference to the sale or beverages, food, tobacco, marine equipment because there was no contemplation that tr.o parking lot would be used for that purpose. Now the question is, at the time that the contract was entered into, or during the course of the life of the contract, have 119 ist OCi 3 G 1wu h`.'[lti..i:.<)i•Yur�l'.5:'f?c1): i`isiL��MdY:[I,..�-„� .,, "--„—�• f #I Mr. Knox (continued): the parties manifest any intention relative to the use of the parking lot that would confer a right upon Mr. Iiancock based upon the agreement. That determination can be made by the parties to the contract. Mr. Hancock, if he had an,- reason to believe that the exclusive concession right extended beyond inose areas that are identified in the contract, and if the City .fas behaved in such a manner as to cause him to believe that, then the City Cortimission could determine that he has an exclusive right to the concessions located on parcels "A" and "B". Mr. Gerstein: 1 have a letter. here, Mr. Mayor, a letter here directed to Mr. Hancock from R. L. Jennings that is dated October 29, 1980, addressed to Mr. Eugene Hancock. And it sa, ,as you requested this will confirm that Marine Stadium Enterprise:., Incorporated has on special occassion provided portable concession stands in the parking lot of Miami Marine Stadium. Such ocassions a: the Summer Boat Show where the public is not confined to the stadium, :t has been in the public interest to supplement the parking concession stand with the portable outlets at various locations on stadium gro::nds. We appreciate your cooperation in furnishing the additional ace:omodation:3 to better serve the Marine Stadium customers. Sincer.-,111, R,L. Jennings, Director". That goes along with the point just made by the City Attorney as to what was the intended use. Mr. Fosmoen: Mr. Mayor. Mayor Ferre: yes. Mr. Fosmoen: This is an interesting legal argument. It's my impression that there was not an intention on the part of the City Commission to give an exclusive contract in 1977 to all of the concessions on parcel "A" and parcel "B". Mayor Ferre: 77? Mr. Fosmoen: That's when the origin�.l contract was signed, in 1977. The provision by Mr. Hancock of selling cokes ac the Summer Boat Show couldn't lead me to conclude that he has an exclusive contract for parcel "A" and parcel "B". If that's the case, why haven't there been other activities going on there. You know, it's clear that we're trying to confuse the issue on some legal technicalities. Mr. Gerstein: If asserting our rights is c•inst:rued by confusing the issue, I certainly don't put that connotation on assertion of our legal rights. Mr. Fosmoen: Well it's the first tine that I heard the issue raised, and the bids were received nearly a r;onth r.go, and the bid specs were put out two months ago, and I don't understand why it wasn't raised before now. Mr. Rashton: As I understand it, th.: meeting last February, the City Attorney made a comment about this v,:ry is:.ue. He commented that he wasn't sure that it could be bid out. And I'd like to quote it specifically. And Mr. Knox, whose opinion I'respect and 1 understand that he sees what we're seeing now. Perhaps he wasn't looking for it before and that's why he didn't observe what you're talking �kbout. But he said in this transcript of the hearing of February 28, -980, Mr. Knox: "by treating this as an amendment to an existing �tgreem,:nt which would extend rights which are currently owned by somebody righc. now"... so in other words, what you are saying is it you are amending an agreement to give somebody odditional rights, then nobody can compete with them because the lights belong to them already. It doesn't make: since until I bring it into context. Mr. CDrassie says, "But: Geort,e, just for clarification, are ,,ou indicating to the City Commission that in fact that it is impossible to put that particular piece of property ftr bid? Mr. Knox responded, "I'm not suggesting that it's impossible t5. put it out for bids, I'm :suggesting that it's impossible to ht4ve people compete for a set of rights that already belong to somebody". Mr. Knot: was addressing the same issue. 1,1240 OCT 3 01980 ist E I Mr. Gerstein: That's exactly my point. Ex;use me. Mr. Rashton: He owns those rights. Mr. Plummer: Are we really arguing about r)thi.ng? UNIDENTIFIED SPEAKER: Not at all. Mr. Plummer: Now look. Mr. Mayor, can I Lry to be a peace maker somewhere in here. Maybe I'm not a high priced lawyer and maybe a little undertaker... no, that's not right, father. (LAJC,HTLR) Look, let -we tell you where I'ri at. Okay? And I think maybe tLat...a;.d if you want to get into your law suits, you can get into your law suits. You know. Look, Mr. Gerstein, in your presentation you really did not refer to section (a). Mr. Gerstein: That's right. Becaase I thank first you ought to take UP section (b) and dispose or it. Mr. Plummer: All right. Now... Ml:. Gerstein: At a later time, at some subsequent occassion, consider section (a). Mr. Plummer: Mr. Gerstein, that was not t..-,e ruling of the chair. I happen to agree with you. But the ruling of the ;~hair was that they will riake presentations on the total package. That was the ruling of the chair. I didn't make that ruling, all righ�: sir? ,What I'm saying is this, section (b), and I come back to my Little idea from the beginning, under Sea Escape they proposed to guarant,2e the ,_'ity twenty-five thousand dollars ($25,000) to keep it as a Lurking lot. T}.at was their proposal. Which is completely out of what the original intent was. Now, there's got... my father used to tell me, God re.;t his s(Alld, it's a mean man who won't compromise. What is the area of cvnpromi::t:? Is there an area of compromise that this thing can proceed without long <,nd drawn out law suits, and counter suits. You know, I had tried to roll both parties all the way along that if they go in there regardless of who is the winner here, if there is one tonight, without a compatiblt. situation, there both going to lose because they're going to be fighta.rig and cutting each other up Unbelievable. Mr. Carollo: Well the whole reason, J. L., that we sent this out to bid was to acquire additional boat storage fo:: the small boat owner. And I don't know how our former City Manager grit this so complicated with parcel "A" and "B" and "C" and "D", and I don't what the heck he did here. But that was the original intention of th,, Commission. Mr. Plummer: Well you know, maybe I'm going to complicate it becasue I think there is a "C" section. Okay? Avid I think a "C" section exists in the heliport. Okay? I think t.iat honestly it is something that is a service and need to this City, and m)re so today than ever. Now, I can speak to that later. But basically I'm speaking right now, you know, where are you guys. I don't know. if wh<<t you're trying to do is throw this thing into a law suit, I'm going to .stand back and wish you both well, and than maybe in ten or fifteen years something might be done. I don't want that. I want to proceed. Now is there room for compromise. Der. Cosgrove: Mr. Commissioner, we're ready, as far as we are concerned, to proceed. We think that we rude the presentations and we modified our presentation on parce.4"B" t,, include the boat storage Elt the twenty-five thousand dollar ($25,01)0) rate to the City, if that's the City Commission's concern. That's already been taken care of number one. Number two, we believe that there i., concern on behalf of Mr. Hancock, the homeowners, the race boat people and others with Miami Marine Stadium and its use of any of the property over there. And we realize that when we negotiate a lease with the City with will Harrison, that those people are going to be a part of that consideration and we are not interested in doing anything behind any body. We're interested in having all those parties a consideration and a part of the negotiation for the lease. And we're ready to proceed and we wish tho Commission would go ahead and vote on it. 121 OCT 3 0 mo :st • f • Mr. Gerstein: Mr. Mayor, would you considez reversing your earlier ruling that both these parcels need to be ccnsidered at the same time and consider parcel "B" and at a subsequent tim( the other parcel. Mayor Ferre: I don't have any problem with doing whatever the majorty of this Commission obviously wants to do. t is my opinion, however counsellor, that I think Ix)th of these thin(.:s are really tied together. I don't know how we can go... now I don't ca;-•a if you want to take up "B" first and "A" second because obviously there has to be a sequence in this whole thing. I don't have any problem either way. Mr. Cosgrove: Mr. Mayor, I think Mr. Sorg has been waiting to speak. And before we get into bantering back and forth, with all due respect to Stewart, he's been waiting. And I would like to, since I have your attention, to give ,%1r. Sorg the microphone and let him make his comments on behalf of the Waterfront Bo:.rd before we gut into anything further. So I'll give the microphone to Stewart since I have it right now. Stewart. Mr. Carollo: Do we have a chairman that's .unning this or has Mr. Cosgrove just taken over. Mayor Ferre: Mr. Cosgrove is not running ti;is. Mr. Cosgrove is a citizen who has a right to express his opinion. Mr. Gerstein. Mr. Gerstein: I just have one final comment. that: Mr. Hancock would like to make as part of our presentation. Mayor Ferre: Go ahead, Mr. Hancock. Mr. Gene Hancock: I am Gene Hancock. I li•:e at 3856 Douglas goad. I'm going back a ways. February the 28th, I ca.,ie before this Commission and asking for that little piece of proper'_y which is known as item "B". The Commission voted 5-0 on... for sma'l"1 boats to go into that area. I went before the Waterfront Board o•h October the 26th and they approved it unanimously. And now six (6) months later I'm up her fighting about item "B". Some how it's been all brcight together. I would like to see item "B" voted on. It's six (6) mon•:hs late, almost seven (7) months late. Mayor Ferre: All right, now... I'm going tc recognize you in a moment, Mr. Sorg. Here's where we're at. Everybodi has made a presentation here. Mr. Gerstein has brought out two legal points. One of the legal points has been answered. After haif hour of discussion, the City Attorney ruled that there is ambiguity on the legal matter. Now Mr. Gerstein is asking that we take up item "B" before we take up item "A". I have absolutely no objection to that. Now, ,Mr. Sorg I think is entitled, since he is the chairman of the Waterfront Board, to make a statement into the public record about this item and the ruling of his board. We also have eight (8) members of the public who also requested to be heard which will take another half an hour. Now Mr. Sorg, go ahead. Mr. Stewart Sorg: 'Thank you, Mayor Ferre. My name is Stewart. I'm the chairman of the City of Miami's Waterfront Board. In answer to Mr. Hancock's question when he came before the Waterfron� Board six months ago, there wasn't a bid proposal at that time. He care as a single individual and it was not against other persons bidding or, the same piece of property. The other thing I'd like to say before I get into why the Waterfront Board unanimously voted for Sea Escape is that it was my thought and the formation and founding of the Waterfront Beard that all pertinent issue questions would be presented to the Waterfront Board. This particular issue was not presented to us and it's a surprise to me that it was presented today. The third thing I'd lake to say is that we voted on parcel "A", we voted on parcel "A" first and cleared that matter, and parcel "B" was a secondary vote on the Waterfront Board. Mr. Plummer: Mr. Sorg, I have to ask you a question, sir. If I heard, I think it was Mr. Gerstein, or the other they stated that at the Waterfront Board, that Mr. Lewis made the comment that they had no ,DOT 3 01980 ist j f Mr. Plummer (continued): interest in prot:or; "t". If they had no interest, sir, how did you recommend them wh.:n their interest was not even for boating. I don't understand that. Mr. Sorg: At the coi;clusion of the meeting; , Co;ami ,sioner Piu:rm;er, no one had any interest act�:ally. And sc the Watcri:rout ;hoard turned and voted the parcel to be giv.2n to Sea Esc,:OQ becau;,(. thu income r�muneracion factor was twenty-five thousand dollars ($2::,000). And if they wanted to turn around and i-ease it to someone else, thoy could do what they wanted to with it. But nobody, the whole D- d was thrown back to Sea Escape. Everybody backed away from it. Mr. Plummer: What you're saying t:hcn, my ir•terpret.ation of what the Waterfront Board, in fact, did wa.,; recomzend to this Commission that tract "B" remain as a parking lot. M1-. Sorg: No, we recommended that: :.t be included with parcel "A" and with Sea Escape strictly on the r,;muneration to the City. There was... Mr. Plummer; At that time, their p.*opoLal was for a parking lot. They tcld you they had no interest. Am .� wronc.; or am I right. Mr. Sorg: They didn't deny. They said they weren't that interested but they didn't say they had no int-:.!rest. Mr. Plummer: Well now, may I havV a copy. I thought this gcntlemar, who got up and spoke was speaking from the transcript. (INAUDIBLE BACKGROUND COMMENT hLr':CL:D OUTSIDE Or THE PUBLIC RECORD) Mr. Cosgrove: Let me say this, Commisionvr. I think 7 can, wi.thn:,t getting into big lengthy discussior:s on all this, it doesn't- matter really what was said then. It's what is now. And what is now before this Commission bAcause as Mr. S(.)rg said, and as everybody in this room has already heard, most of the 1L-g«1 point,-, rasied by Mr. Gerstein and by Mr. Hancock were not raised at that meeting. So to exclude our position now that we are willing b++cause of the concern of the City Commission for the residents of the: City of Miami that there be more boating :space, then we are willing to ms::e parcel "B" into that boating space and pay the City twenty-fiva ttiousc:nd collars ($25,000) per year which is what you want, higher than the bid of Mr. Hancock for the same service +ivaranteeing you almost twice as ml.rch. Then what is the difference: what was said then? Let's not argrie about that. Vnat is said now and what is going to be a part of the lease t:1at you're going direct Mr. Harrison to draw. That's tho importrLnt thing. Arguing about the other stuff is totally irrelevant. :lr. Gerstein: It's not irrelevant because they had a total change of r�osition. I will once again, if you'd like me to Commissioner Plummer., read to you from the transcript. Mr. Cosgrove: Dick, we acknowledged that. Mr. Plummer: He stipulated, in effect. Mr. Cosgrove: We have changed our position, Mr. Carollo: What I don't understand is how can our Waterfront Board, Eour, five, six months early, recommend these people. Then at the same time this comes again, they recommend these people. I mean, are we recommending everybody? Mr. Sorg: Excuse -me, would you clarify that, sir. Mr. Carollo: It's my understanding from. hearing Mr. Gerstein that sometime, six months ago, you racommenda:i Mr. Hancock for this parcel. Then I read now you recommended Mr. Cosgrove's clients for the same parcel. How many people are you .recommending? 123 �c r 0 i9$Q ist i 55itY;L ilt Yi��"'l..AY.J.u� it J1Lr� Mr. Sorg: Parcel "B" at that time, Mr. Carollo, did not come up for bid. He requested the option or the right to lease parcel "B". Now, I don't believe it came to the City Commission that day. Mr. Carollo: What did you base your decision on recommending parcel "B"? Mr. Sorg: We based it on his request at that time, for a piece of land that was not being used. No one else was bidding on it. Mr. Carollo: And what is your recommendation at this time? Mr. Sorg: This time it was put out to bid by all parties. He was -one of the three or four bidders for that piece of land, and his bid was leis in income to the City than the others. Mr. Carollo: What I still cannot understand is if they stated to you back then that they had no interest in that, they wanted it for a parking lot, how can you still go ahead and recommend that. Mr. Sorg: Who was that, sir? Mr. Carollo: The people that Mr. Cosgrove is representing. Mr. Sorg: They never terminated their interest in their parcel.. Mr. Carollo: Mr. Gerstein, can you read... Father Gibson: Mr. Sorg, let me ... Mr. Carollo, let me say for the benefit of the public, the sequence of events. At the beginning, the only man that was interested in that piece of land was Mr. Hancock. The public needs to know that somebody here didn't want him to have it. And the way to prevent him from having it was to tie it into the other piece of land and come back later on and bid it as a whole. That was the problem. Reed the minutes. I was the only guy who fought like hell to keep that from happening. Read the minutes. Mr. Carollo: Let's not say someone, Commissioner Gibson. Father Gibson : Okay, I was... Mr. Carollo: Let's put it right where, you know, it should be. That someone was the former City Manager. He wa:i the one that played with this and was responsible for this contract ,:he way it came out. So if you're talking about that someone, then that's that someone. Mr. Grassie. Father Gibson: I only know that I raised all sort of hell here when it came up. Nobody wanted to listen to me. Aid I, Mr. Gerstein, not being an attorney, I said to them, even if you went to court, the court will say that this man has certain inherent rights because the land backs on to him. And somebody said, well you know, Gibson went to law school for a day I said, no I didn't go to law school for a day. It's just a matter of being right, fair and honest, and honorable. That's what I said. And I said that this Commission ought to stick to the position it held formally which was that you award that piece of land to the man who came here for it. And if you don't, I'm going to put this in the record so' that even if it means you think*dif£erently about me. If pu don't do that, you then give this other company Sea Escape a hammer over the head of that man. I saw this happen in the Orange Bowl. Now, Mr. City Attorney, you tell me if I should make a motion to seperate these. Then if I can, I'll offer the motion. I just think that right is right, Mr. Knox: If you are going to separate the bid and that would create a conflict with the specifications that were distributed, then you would have to throw out all of the bids. Father Gibson: Well I want to throw them all out then. Mr. Fosmoen: Commissioner, before we leave that subject, there were two sets of specifications. Parcel "A", parcel "B", or both. Okay? That's 124 OCT o ��ao lst Mr. Fosmoen (continued): the way the specifications went out. Father Gibson: Let me say this. You heard .read in the record that they had no interest in that piece of Nand. And atanding t.her-� conveniently, they became interested. So if t}i:ct is the case, I for onc:, will not vote to give Sea whatever it is that bid. Mr. Fosmoen: All I'm asking, Coi--missioner, .is that with that knowledge, you know, the City Attorney restate his position. Can you separate the two parcels? Mr. Knox: As long as you have two separate set of specifications, then the separation can be made. Father Gibson: You know, let me ,iay this so the public could know where I stand. You know, I get so dog gone sick and tired up here how we conveniently go through the back door when we can't go through the front. Mr. Gerstein: Let me tell you h,,%q far, tor. Mayor, these people went on October 22nd. And I'm quoting Irom the record from Mr. Davis's statements. Not only did he say they had no .Interest, he said that" we have: been asked by the people of the admin.istrat-on on the Commission, the Mayor, to work out until we are successful, sor,:•kind of relationship agreement with the winning bidder on parcel "B" w'r,.i.:h logically because of the geographic Position of it would be Mr. Hanc,:ck. In other words, they conceded that .logically he would be the winning bidder. Not only did they say they had no interest in it but they w,intcd Mr. Hancock to receive it. And now they totally reverse themselves. Mr. Sorg.. Mayor Ferre, at the '',iterfront Board meeting we spent three hours on .parcel "A". Parcel ",," took ten minutes. May I recommend that we just take up parcel "A" now and get back to parcel "B"? U11DENTIFIED SPEAKER: We agree with that. Mayor Ferre: The chair has ruled that...I have absolutely no objections to taking up parcel "B" first and parcel "A" second. I have no problems with that. Mr. Gerstein: That's what we'd isk you to do. ;Mayor Ferre; I have no problems with that unless somebody else has any other feelings on this Commission. Mr. Carollo: I have a couple or questions, Mr. Mayor. Number one... Mr. Plummer: We're speaking to the ruling of the chair first? Is that what you're speaking to? The Chair has made a reverse ruling. And I think the Mayor has asked, unless there's any objection. Now I want to speak to the ruling. If that's what you're going to speak to, I'll wait my turn. ;Mayor Ferre: I want you to understand that in my opinion, as I have stated many, many time, that I think that item "A" is the primary concern of this whole process. 'Now, I however, have: no objections of taking up item "B" and voting or. item "B" first. And that has been requested by on one of the parties here, and I have ruled that way. Now, if you want to challenge that, you are perfectly welcome to do so. Mr. Carollo: My question is in reference to parcel "B". Where's that map that was shown here showing all the ... to save Mr. Cosgrove's clients two or three, like to see there and put boat storage here, what bathroom facilities are they going to use to serve this, how are they going to get boats to the water, what lifts are they going to use? It seems to me they are going to be forced to use all of these people's area to do this. Eight next to it. Unless they're willing to disturbe everything else here and have people walk I don't know how many feet away way over here ,and di:,turb any other activity in the parking area here. And if this is going to be parking, then I don't see 125 OCT 3 01980 ist - _._ - �+a[�•�:A ;alf}yyC:tL"r iu•i:,,.rs�.,. �z:..�._..._..�.....,.a.sc.� ,w Mr. Carollo (continued): how they could get across with the boats into the water. I'm talking about logic and cor.mon sense. Mr. Gerstein: You're right. They're iandloc.•ed. Mr. Cosgrove: C:ornmissionclr, ril•av i make a co ,men:., please? Mr. Berstein, or .:he other counsellor over hare, and Mx. ''i •,onws. We understand we're incorrect on that parcel L-2iii,, landlocked. 1ere i.s public access to that ramp. That':s the way we understand it. If that hel.is you at all. Does it? There is public acc:css at all time, to that ramp into the water thr•-)ugh the propQrty now under lease to Gene Hancock. Characterizing that as landlocked is incorrect, we understand. Mr. Carollo: Well what I understand is that you will be going through all their facilities to be able to serve that. Mr. Piununur: Well there's a di.tfernca, pui:%tic availability and commercial availability. Mr. Gerstein: That'-, oL;r fooling:,. That's nag point. Mr. Sorg: Are we thinking tok'ards the issue. of voting "A" or "B"? Mr. Carollo: I'm talking about "B". :•ir. :7orq: No. No. Ys z-v'W C7UC-,7tio,1 or, -hu floor now, on the ""ayorl:; ruling about: "Li"? I'd like co speak to tha: Ma;or Fer.re: The Chair has ruled and mernbe?.s of the Commission can C{LlE't1Ui1 it. Mr. ,org: They have. not quc:_tioned it? Is that what you said? ria,or Ferre: plum,i.cr wanted to be recogniz(d for that purpose. Mr. Sorg: Mayor Ferro... Mr. Carollo; 'Phut is tho g1i`E:t:ion that i h, d on parcel "B". I have another t)nL for "A" Pout y').1 wait until 4!t r't t0 A" ;igcl]n Mr. Sorg: 11a%or rer.:e, may 7. :ilia qoI t again that we go to parcel "A" fi:-st? Tha•c's the major coneidcration if t'..ere's going to ire 10gal im_>lications, back to rdr.yor Ferre: Mr. Sorg, the chair has alrea.y ruled or, that. The question new is whether the Commission fQels diffe're:tt. Mi . Cosgrove: Is it proper to continent on t.,at? movor F'erre: Sure. iir, Ccncrove. Mir. 'ia,,or, the reason why we fet•1 ycircel "A" ought t- be voted on : l.rst is bccau!:u p,:irce! IV' s going to have a direct. effect or. the aesthetic surroundiru;s of parcel "A" And as mr. Sorg said, I think it.'s kind of ridiculous to vo`.c on parcel " S" 1+'hicIi is a much smaller area, a much smaller impact on the whole area. Tie Waterfront Board considered t 1-.-, s whole package of "A" and "B" together. Now there's nothing that's going to be changed by voting on parcel "A" first and parcel "B" second. Btt, everything will be changed if you vote on parcel "B" first and parcel "A" second. M,,,yor Ferre: Mr. Cosgrove, let me give you she roason for n1y ruling on this. T:o fact, the nistorical facr cc,nlus very mt:.h into play. We cannot live il, a Wv:u1nn apart from the hi ;tort' of this .+;hole situation. When this m,•tter first: came: up before this Convri:ssior., it was the intention or this Cc:rsnissian 'to vote strictly on the e:•:pansic 1 and to be legal on this. okay? Wt had to put it out fora :i.a process. I,la lcock wanted. And we sa-d to H:,ncock, we can' •c do that. W,:i have to put it out For bid. Okay? Now, Mr. Grassie, and joe Carollo, I don't <now where he is, Joe Carollo is •A, IAa6 is t OF 3 01980 Mayor Ferre (continued): eminently correct. it was Mr. Grassie who said, I've been talking to somebody who wants to come in and build, and put up a Cypress Gardens type of a show and we're going to have a great thing here, and let's do the whole thing together. And this Commision agreed to proceed on the whole thing together with the idea that there would be "A" and "B". "B" was what Hancock was interested in bu•c "A" was for the rest of the stadium. Now, I think that because of that historical precedent, I don't have any objections of taking up item "B" before I take up item "A" because that was the first issue that really came before the City of Miami Commission. Now, that was the issue. Now number two, the fact remains, Mr. Cosgrove, that no matter how you slice it, parcel. "B" is a totally isolated piece of property that has no access to water. And the fact remains that those are condi�ions that are o'-vious. What happens in parcel "B" may impact aesthetically on parcel "A" but: it doesn't really impact on the operation of what somebody who is a successful bidder in parcel "A" does. Now unless you're c(.Iling me that boats are going to hurt the operation of the type of thing that you're trying to project. And in my opinion, it does not. That's my personal opinion. That the boats that would be stored on parcel "B" in no way in my opinion conflicts with the operation of what you, if you are the successful bidder on parcel "A" would do. And lastly, and I think the third point is, if you have time and time again on the record, re,jeatedly said that you have no interest in parcel "B". You had no, now you're reversed your position. I understand. You've got a right: to do that, that you had no interest in parcel "B", that you were going to make .it into a pa�kincy lot, that you were going to do this, that you r.:al.ly had no interest in it. At one time you said that .if you were not th,. sucrc:s.sru.l bidder to parcel "A" you really had no interest in parcel"E3", etc. et:;. Now, as I said, you have a right to reverse your position. But the, fact is that those are all statements that were made into th�! record ar,d that had been read time and time again. So therefore, for those three basic reasons the chair ruled that we can vote on parcel ,B,, before we vote on parcel "A". Father Gibson: Mr. Mayor., I want to ,Hake two comments. CoUnsel, I'm kind of surprised chat you think that a mans right is duter".linud by his size. By his s-i-z-e, size. if "B" has a right...do you remember what you said, you know about "A" and "13", why you want to vote first or, "A" against "B". The size of a man does not determine his inherent right. Isn't that the way you all practice law, Mr. Gerstein. Mr. Cosgrove: Mr. Gerstein is bigger than I am. Are you saying Mr. Gerstein is bigger than I am? I will agree with that. Mr. Gerstein: That's probably reasonable to everyone except me. Father Gibson: Then the other comments ... I hope I've sottled that part. The other comment is it seems to me ti•;at if we have all of this landscape business here on "A", that having gone through all of this, if "B" should be the successful somebody, Mr. Hancock is the successful somebody on "B", that we ought to be able to pursuade him in laying out what's there to accomodate, to work jointly. Look my bratheren, we spent all this time and if we would only live and .let- live, we could have been out of hero and gone. Now,Mr. Mayor, where are we now. I'm ready to make a motion. Mr. Plummer: Well Mr. Mayor, excuse me. Mayer Ferre: Excuse me, Mr. Plummer. The Chair still runs the meeting. And the point is that we are now, at this point, before I recognize Father Gibson for motions, in the portion of the ruling that I have made:. And since Mr. Plummer, I think, want,d to speak to that, if he wishes to, I'll be happy to recognize him. Mr. Plummer: Mr. Knox, did you say that section "A" and "b" could be separated? Mr. Knox: Yes, sir. Mr. Plummer: I don't wish to challenge the chair. 127 OCT 3 01980 � ist t t Mayor Ferre: Anybody want to... this is your :ast chance now to challenge the chairs ruling. Okay, the ruling stands. Now, we are now on section "B". Yes, sir. Mr. Sorg: This is my last comment on section "B". But if you're basing the decision on two different bids, the income factor is far greater with Sea Escape. It's almost double the income from the... Mr. 1,acasa: Sure... Mayor Ferre: We're going to get to that in moment. Mr. Lacasa: I don't quite see it like that. We have a difference in the income factor as far as the guarantee is concerned. If on the other hand you take the projections and the percen.age that Sea Escape is offering versus the one that Marine Stadium Tnterprises is offering, you'll see that the percentages of Marine Stadium 1':rterprises are higher in most of the items than the ones of Sea Escape. h,t what I see here is the City of Miami has now a rare opportunity to co two things. One, and I go along with what: Father has stated, is to ;ut to work the Marine Stadium which so far as been a losing proposition for the City of Miami to the tune of almost a quarter of a million. dollars ($250,000) per year and we have been losing that money, and on •p of that, we have not bean able to provide the citizens and the tourist. with the kind of show that oricinally was expected to be provided at ti,. ir,arine Stadium. On the other hand, the second position is that the ;uestion of parcel "B" addresses a av estion...Stewart, you know this quite wi.1, that is very important in the City of Miami and in the whole area. Alai that is the lack of facilities for the boaters. So we have two possibiliti,�s here of serving the community wit: two different type of situations. Mr. :iancock here has been Operating for quite some years and has the i.:cperience. And at the same timf-, the City of Miami has the experience %:.th Mr. Hancock which is a pcsitive experience of his operation of tl.: two propositions that I am discussing now, hich is serving the boater:: of the City. Sea Escape, oricinally had not expressed such an intere:.: in the question of the boaters but rather on the question of the shows. Sc,, if we are going and we abide by the ruling of the Chair, 1, rather, and >>re than ready to consider parcel "B" right now and to dispose of that ind then get into the crux: of the matter which is parcel "A" beta„se to me, parcel "B" is an accessory which is being used here as a mati�r of leverage to discuss the main: questions which is parcel "A". But we lon't care about the matter of 1-�!vurage because what we care is for the re::ilts that we're going to achy:ive. So, Mr.'Mayor, are these people ij: opposition here, do they wan, to discuss parcel "B" or just parcel Mayor Ferre: Ladies and gentlemen. Those if you who are here in opposition but want to speak. Some of you hat have: been waiting all day, including Mr. Sabatino. I would like to, before you speak Mr. Sabitino, make sure that we don't waste another hour ::are and that we understand where we're at. Mr. Jim Sabatino: I've been noted for my b::evity. Mayor Ferre: Mr. Sabatino, would you let .,a finish? I want to make sure that you're here in opposition to part l "B" which is what we're tal'-:ing about at this time. We're not talk'.ng about the Marine Stadium which is parcel "A". Okay? So if you want to speak, I will recognize you. I will only ask you to limit yourself to parcel "B" at this time. All right Mr. Sabatino, you are now recogni,•ed for three minutes. Mr. Sabatino: Jim Sabatino, attorney at la:. 1166 Kane Concourse, Bay fiarbor., Florida, representing Crescent Airk.ys, Inc., the largest helicopter facility in southeast Florida. Mr. Mayor, ell.ow Conaissioners, thank you for the opportunity to express myself. Das . cally, I think i lv, goin('I to be limited because I talked to the City ManagQ,-, the City Attorney concerning the possiblity of objecting to a prior exc),.sive use that was given to Watson Island to Dade Helicopter. And that was the reason why I was here all day today, Mayor. And I had spoken to he City Attorney and th(e City Manager about this. You had graciously sai that I would have the opportunity OCT ID 01�ao ist Mr. Sabatino (continued): but you were going to dovetail it into this, so you have me at a position where I've been here all day, and I can understand your reluctance, how about mine. So I've been here all day, Mayor. Now you say you're limiting me because my objection is to the use of that to one person- that heliport when I'm suggesting... Mayor Ferre: What heliport? That's not before US. Mr. Sabatino: proposed. Mayor Ferre: No, sir. That's not before us. Mr. Sabatino: You just limited me so I can't even talk about that. Mayor Ferre: I don't think that there's any discussion coming up on this at this point. Mr. Plummer: Legally, Mr.Mayor, there is. Legally there is because one of the proposers and one of the bidders did include this in his bid. Mayor Ferre: Mr. Sabatino, if at any time during the discussion this evening a helicopter proposal comes up, you will be the: first person to be recognized. Mr. Plummer: Well it's already come up, Mayor. Mayor Ferre: I don't see anybody making any motions for a heliport. Mr. Plummer: Oh, you're saying a motion. I'm sorry. I thought .if there was discussion you said. There has been discussion. Mayor Ferro: I don't know, but I would be very surprised if somebody here makes motion for a heliport. Mr. Sabatino: May r... Mayor Ferre: Surely. Mr. Sabatino: Excuse me for interrupting again. Again, the reason I was here was based upon a prior, October 9th ruling which the Commission approved a proposal by the City Manager giving Watson island Goodyear Blimp Base to Dade Helicopter. You changed the use from a blimp base to a helicopter base and you gave that company the exclusive use even though it's on a thirty day notice. I was here today to express an opinion by a client of mine, Crescent Airways which has been the creator, really, of the original heliport. Mayor Ferre: Mr. Sabatino, you've already said that. This is the second time you're making that statement now. is there anything else you want to tell this Commission? Mr. Sabatino: No, sir. Mayor Ferre: Thank you, sir. All right, the next speaker. On parcel "B". Are there any objectors to parcel "B". Is there anybody here who is an ojbector who wishes to speak to the discussion of ... yes ,sir. Mr. Lou Nuta: Thank you, Mr. Mayor. My name is Lou Nuta and I'm in the marine business and also I've been connected with Marine Stadium for quite a while.. I hope I'm not out or order because I object to part "A" and "B". I didn't hear you say "A" and "B". Just the one part "B". So I'll take the opportunity to give my objection now if I'm in order. Mayor Ferre: To parcel "B". Mr. Nuta: Well, I don't segregate the two parts. I'm against the entire bid going out, whether it be "A" or "B". 19 ist OCT3 01980 Mayor Ferre: Fine. Then the Chair recognizes you to discuss the portion that is parcel "B" at this time. Limit your statement to that and when we get to parcel "A" I'll recognize you for ti:at. You've got three minutes sir. Mr. Nuta: Well that puts it in a very cornple.: situation, Mr. Mayor, where I am dead against both packages and have to speak twice on "A" and "B". My presentation will cover the entire Marine Stadium. So if I'm still out of order, I will sit down and get back iip later. Mayor Ferre: I don't want to limit you from saying that you are an objector to parcel "B". All I'm asking you, and I think it's a very simple request, is to limit your statement now to parcel "B". I'll recognize you for parcel "A" later on. Or you can up and say what I said for "B" is true... Mr. Nuta: Are you going to let me ask this simple question. Are you going to simply ask later on for people who are against "A" and "B" together? Mayor Ferre: No, sir. Mr. Nuta: I don't know where I staid, 6r. Mayor. Mayor Ferre: What we have before us i parcel "B". Okay? And now, you can object. But I wish you'd get on wish it. Mr. Nuta: All right, Mr. Mayor. Them hasn't been too many clear statements made here today at all. So, I thought that what I had asked for was possible clear against "A" and "B". But first let me say this to you Mr. Commissioners, Marine Si-ad..um was built a good many years ago for the people of this community. And I don't believe it was built to have this kind of presentation ho re toc.ay where people are literally fighting to be in that Marine Stadi-.im. I'm going to five you some refreshing comments here tonight. I'm not looking to make a dollar or spend a dollar. I'm simply here, hopefully, to help educate you in the factor that the Marine Stadium is a blessing to the Miami area. Now a blessing. You might take that as something that well is costing us a lot of money. The Orange Bowl Stadium cost you a lot of money. I don't see any proposals today for that. Mayor Perre: Orange Bowl Stadium does:i't cost us any money. Mr. Nuta: Orange Bowl Stadium makes money? Mayor Ferre: Yes, sir. Mr. Nuta: Very good. How about tl-.e azditorium right across here. Does that make money? Mr. Fosmoen: Nope. Mr. Nuta: It does not make money, right? How about the Miami Baseball Stadium? Does that make money? Wull, one has to wonder why these parcels are not up for grabs also. Because if one is going, the other should go too. And those institutions have been here longer than the Marine Stadium. But at any rate, this is something to think about. The Marine Stadium is built and .has given to the City of Miani through boat racing millions of dollars in publicity to this area. Nca the day in time where Miami can st,ind some good publicity for a ch,tngc, we're taking the very thing that yogi men represent up here at this Coaunission and saying we don't want it anymore. And you're, in fact, wha-: you're really saying here, what you have said for the past several rnon-:hs, we as Commissioners of a great city like the City of Miami cannot run zhe Marine Stadium. We've got to go out and get somebody else to do it. Now we voted for you people. We thought you'd have the power to run something, and to make it work and to make money for the City of Miami. But now, we sit here and see, no we can't do it. We're admitting defeat. But ,aomc givate institution can do it. They can do better than we can. It makes you sometimes think, well maybe we should take the people here bidding and change placds with you people. It i5t. 0cT 3 0 1 `9so C t Mr. Nuta (continued): has to think that way to somebody who'so thinking about this thing'.. Now you say the Marine Stadium looses money. How can YOU measure a picture of a hydroplane, or a boating event or something like that across ABC television to people all •>ver tnu world. The Champion Sparkplug Regatta whose been mentioned h,:re today only because it's a single event that makes a lot of money for the. City of tdi�imi and for the people who are around it, plus brings a very big attraction to which let me also say to you, that a lot of our attraction:,, and e loc of our sporting things in Miami are on the decline. Very much so. And here's another stadium that you have a chance to make o?crate and to ,quash some of these comments that you've been hearing around that Miami is dying off. Here you're going to give it away. Plow t..%iat guarantee do you have in the contract that these people that are bidding on this stadium will make it work. What you are really doing, you'ru saying that we're going to negotiate between a contract of the City of Miami to some concessionair:. And he's going to say..you know, the contract is there. It's negotiable. We see what a contract has been here tod y by the: lawyers that are here, what can happen to a contract. Supposo it's renegotiated in a years time to put a bridge across there and good-bye boat racing. So... Mayor Ferre: All right, sir. Mr. Nut&: Mr. Mayor, when I'm finished 3ne thing, I really wish 1 had the courtesy of some of the attorney's h,.re because I'm trying to tell you something here today that I think you had not seen. The City of Miami needs the publicity, needs the marine Stadium, needs the: Champion Spark Plug Regatta. You people went out and got the Cheviipion Spark Plug Regatta. Now today, you make take that away. It's one of the best events that ,you have in the City of Miami, the County of Dade or the Southeastern United States. Sr with limited time that I havt;, I ask you to think about it. And I think, I also ... one last thing. That Your Waterfront Advisory Board sat up huru the other night and listened to the same basic things in more detail and I said, we didn't get not one vote. So whic'A leads me to tell you, be very careful with the recommendations of your Waterfront Board. And I think they may be a danger to the City Commission of Miami. Thank you very much. Mayor Ferre: okay. All right, are there any other objectors who wish to be heard at this time? If not, what is the will of this Commission on item "B"? Mr. Lacasa: Mr. Mayor, in discussing i-:em "B" only, I will move that we proceed to award item "B", parcel "B" t) Marine Stadium Enterprises with the condition that they do work with tt.j corporation that be, or the group that is awarded parcel "A" in orci'r for both to reach an agreement so the positions and the interest of ei::her one of the: two operations might not be jeopardized by the other c.ie. Father Gibson: I second the motion. Mr. Carollo: In other words, the motion is that parcel "B" be awarded to Marine Stadium, Inc. And if they dry not acquire the bid to parcel "A", to work out a compromise with the peop:,e on parcel "A". Mr. Lacasa: A compromise on the basis that whatever is done with parcel. "B" if somebody else gets parcel "A" dotes not jeopardize the operation of parcel "A". A reasonable basis. 1, that satisfactory? Mr. Cosgrove: Mr. Mayor, we would liko to make one statement for the: record since that is the motion... Mayor Ferre: Go ahead. Mr. Cosgrove: ...it's been seconded, Zrom a representative of Sea Escape. So it will be a part of the record. It won't be a lengthy discussion. Mr. Davis: Blaine Davis again, sir. Se would hope that when that agreement, if it is drawn, between Marine Stadium Enterprise and the City that ist OCT r301980 Mr. Davis (continued): it would include ground level parking only, no rack storage for boats, or other structures, signs, gas pumps, maintenance sheds, repair areas, and that the landscaping would be compatible, if we are the successful bidder, with the working drawings that Sea Escape Will submit. We'd like to make that.a part of the record if we may, please. Mayor Ferre: All right. Well, that's not part of the motion, obviously. Mr. Gerstein: Oh I would hope not, Mr. Mayor, because... Mayor Ferre: I think it's a subject that is worthy of disucssion. I think it is worthy of discussion. Now, you've mentioned three things, ground level parking, landscaping, and the question of racks. It seems to me that it is the intention of the ... what's the name of the corporation? Marine Stadium to put up racks ... Marine Enterprise, to put up racks to store boats. Is that correct? Mr.Hancock? That's fully your intention, isn't it? Mr. Hancock: Eventually, yes. Mayor Ferre: Okay. And there's no limitation on the property you presently have, is there? Is there any limitation? They can put up racks there, can't they? Now, with regards to the landscaping portion of it, it is my understanding that it is your intention to improve and beautify that property anyway, isn't it? I mean, obviously, the landscaping is something that is a matter of interest to you. Now with regards to parking, I think it's always been understood that you're not going to put up a parking garage there, you're not going to put up multi-leval parking. Is that correct; Mr. Hancock? So, with regards to three of the items You've mentioned, I don't think there's any problem. That is, there will be no highrise parking. It will all be ground level parking. Number two, there will be landscape provisions and improvements that are made, and the only one, which is number three, which is the question of racks, where I don't think tha': we can expect the bidder of this to in any way limit the amount of boating space that he will have available because it is the intention of the City, as I've always understood it, to make that as useable a marine oriented space as possible. And furthermore, as I understand it from the bid document, the proposal that Mr. Hancock, and whatever the name of his company is, Marine Stadium Enterprises, Inc. is making is based on percentages. And as I recall, the difference between one and the other is that one is nine thousand (9,000) and the other is twenty-five (25,000) but in boat rack storage, one is fifteen point five (15.5), and the other one is eleven point zero (11.0). And as a matter of fact, if it were really my choice I would almost make it a condition to the acceptance: of parcel "B" that you do put racks. Because our interest is that you have more boats and that we serve the boating community as best we can. As a matter of fact, I almost would want to make that a condition, that within a reasonable period of time, you do put racks up. Mr. Gerstein: That's acceptable, Mr. Mayor. Mayor Ferre: Further discussion? Now, if it's acceptable then, is that something that we can insert into the negotiating? Mr. Fosmoen, you would come back to this Commission with that portion. .. I won't make it a part of this motion but I would hope that you'd make it a part... Mr. Plummer: Let me understand, if I may now. Because you know, after so many hours of this, I... the intent of this motion, as I understand it, is to send to the Manager the name of Marine Stadium Enterprises for negotiation and return with a final negotiated contract on tract "B". Mr. Fosmoen: That's correct. Mr. Plummer: All right. Now, under that Mr. Mayor, that does not Preclude any Commissioner from giving imput to the Manager? Mr. Fosmoen: That's correct. .132 ist .00T 3 01980 Mr. Plummer: Okay. Because you know,the only one thine that I... you're going to love me, Stewart, the only one thing that I had that made sense...I shouldn't z)ut it that way. That attracted my eye in 'che report of the Waterfront Board was the possibility �,,inc and defining the same square footage more suitable located on the Marcel, and the juggling of the boat racks. That makes sense to me. So I hope that that is not precluded. Mayor Ferre: I want to talk to that now. Mr. Plummer: Please. do. Mayor Ferre: I want: to talk to that. Mr. Hancock, my vote tonight on this matter is predicated basically on one 1..)oin•t. And this is what it is. How many boats can you get on parcel "B" on a flat basis? Mr. Hancock: Flat basis. Mayor Ferre: Yes, sir. Flat, just without doing anything. Oust putting boats in there. Mr. Hancock: One hrr.dred and seventy-five (175). Mayor. Ferre: One hundred and seventy-five (175) boats. Okay. Now, how many boats can you get in there if you intelligently out racks into that property. (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: There hundred and sixty-four (364). So it more than doubles. Is that correct? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) K-:yor Ferre: Plus -�.hirty-eight (38). So .it's three hundred and sixty four (364) plus thirty-eight (38). is that what you're saying? So it's four hundred (400). Okay, so it goes from one seventy-five (175) to fcur hundred (400). is that what you're saying? All right, now. At fiteen point five percent (25.5%) of boat rack storage, what is your estimate that we would receive above the nine thousand (9,000) minimum guarantee. That's what I'm heading for. Mr. Hancock: Three hundred and eighty-four (384) boat racks to rent at approximately eighty dollars (80$) per month which is thirty thousand sc..,van hundred and twenty dollars ($30,720) twelve months would be three hundred and sixty-eight thousand four hundred and fifty dollars ($368,450) and at fifteen and one half percent (15.5%) the City would receive fifty-seven thousand one hundred and thirty-nine dollars and twenty cents ($57,139.20). Mayor Ferre: What's that again? Fifty-seven thousand (57,000) M:r.. Hancock: One hundred and thirt:v-nine dollars and twenty cents ($139.20). Mayor Ferre: I just want to make sure that I'm understanding this correctly because the apparant difference between Sea Escape and Marine Stadium Enterprises is that on the one hand, you're talking about twenty-five thousand dollars ($25,000) minimum. On the other hand, you have a nine thousand dollar ($9,000) minimum. And I want to tell you frankly that under those circumstances my vote is for Sea Escape of Miami. But however, the only thing that would make a difference is if you guarantee that you're going to put up racks. Mr. Hancock: I'll guarantee you I'm going to put them up. mayor Ferre: And that therefore, we're going to have four hundred 1,oats stored there, not one hundred and seventy-five (175) and that then your estimate is assuming that you fill all those boat racks, that the income to the city of Miaa-ni would be...okay. So we understand each other. That does not take into consideration the additional 133 �ti ,OCT 3 Q Wbw IC f Mayor Ferre (continued): three percent (3%) and two percent (2%), in zero (0) to twenty (20) in what is that? Boat repairs? Mr. Hancock: You're got a commission rate in there on boat repairs, we've got a commission in there gas. Mr. Plummer: Well now, now you just opened up another Pandord's box, all right? Because it is my understanding, Mr. Knox, c'mon, you have to earn your damn salary. You make an awful lot more than I do from the City. Did we give Mr. Hancock in the original proposal of where he is now the right to sell the gas there? Mr. Knox: Yes, sir. Mr. Plummer: Why are we going into another? I don't understand that. Do you understand what I'm saying? He already has the right to sell gas. Mr. Knox: That right is where gas is being sold now. In other words, we still have the location situation. Mr. Plummer: Whatever a reasonable man would believe. Mayor Ferre: okay. Is there further discussion? All right, Mr. Raybun. Mr. Raybun : Mr. Mayor and Commissioners, you just go some bum information. Mayor Ferre: Your name and and address for the record. Mr. Rabun , Mark Rabun, 1605 (Inaudible) 5treet.We're talking about four hundred customers, approximately. We're talking about one hundred and twenty-three (123) parking spots by code. Now where are you going to get all this on that property? Mayor Ferre: Anybody want to answer that? Mr. Hancock. Mr. Rabun: I want to bring up another point, Mr. Mayor. We have the right for seventy-five (75) additional racks. We haven't got the customers for it. So the need isn't there. Mayor Ferre: That I don't think is before this Commission. Mr. Gerstein: I don't think that's an issue before this Commission, Mr. Mayor. Mayor Ferre: That's what I just said. Mr. Gerstein: Obviously, my client is doing good business. Mr. Plummer: It's called free enterprise. Mayor Ferre: No, but the first point that Mr. Rabun made I think is a valid point that needs some answer, Gene. Mr. Rabun said that the figures you have were totally unacceptable because they're not real. And the reason .he gave was that you can't fit that many racks in that piece of property. Is he right or is he wrong. Mr. Hancock: Well I can park them. I've got the parking area for it. Mayor Ferre: Allright. This obviously will come back to us when you bring back the contract. Mr. Rabun: Mr. Mayor, the parking area was never defined for the first phase of Mr. Hancock's venture. Now we're going into a second venture with no parking accomodations. Mr. Plummer: Where will the people who go to use their boats park? And the answer is obvious to me. in the area that's already there. 134 ist 0 C r 01980 Mr. Gerstein: It would seem, Mr. Mayor, as you pointed out, a matter for your staff to bring back to you (inaudible) the contract is entered into. Mayor Ferre: That's ..;omething that we're not going to decide at this juncture. It's something that has to le decided under once the negotiations are brought. And when th(v're brought back, if you should be the successful bidder of parcel"A", that obviously is going to be taken into account. Mr. Cosgrove: Mr. Mayor, the only thing we want and may help all the parties is, if you keep the racks grou:,d level until there is a need j shown that there needs to be more. Anct keep the landscaping... I Mr. Lacasa: That is operational, Mr. :;ayor. Those are specifics on the operation we are discussing here, the main question. I call the questions. Mr. Davis: You don't want to have fifteen stories of boat racks up. Mayor Ferre: Further discussion at th s time on this item? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 80-785 A MOTION AUTHORIZING AND DIR;CTING THE CITY MANAGER TO COMDIENCE NEGOTIATIONS WIT i MARINE STADIUDI ENTERPRISES, INC. FOR THI' LEASE AND OPERA`1'ION OF AID PARCEL "B" AT MARINE STADIUM, WITH THE CONDITION THAT THEY WILL WORK WITH THE PEOPLE W140 MAY BE AWARDED BID PARCEL "A" I:: Oh )ER THAT THEY CAN BOTH COOPERATE WITH ONE ANOTHI:R Am BENEFIT FROM THE RELATIONSHIP Upon being seconded by Commis::ion:r Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. P2.ummc:r, Tr. Commissioner (Rev.) Theodore R. Gibson Commissioner Toe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferro NOES: None ABSENT: None ON ROLL CALL: Mr. Plummer: I made my point. My point I think is very clear. The original intent is being met, I vote yes. Mayor Ferre: I predicate my vote on the increase of revenue to the City of nearly fifty thousand dollars (350,)00) as projected, assuming that tho racks will be built and they will 'ae filled by boaters. Secondly, I predicate my vote on what I perc,Av(. is a tremendous need in this community for boating facilities. I t`iink that the South Florida area has been totally derelict and is t,)taiLy deficient in boating facilities. It is my opinion that right now we really, with over thirty-five thousand (35,000) boaters just in Dade County alone, that the need for boating facilities is tremendous. And thi:; i,E one small step in the right direction and I vote yes. END OF ROLL CALL 135 isc OCT Q 01980 Mayor Ferre: Okay. Now we take up parcel "i". Mr. Gerstein: Mr. Mayor, Richard Gerstein c•, behalf... Mayor Ferre: Mr. Gerstein. Mr. Gerstein: Now will respectfully request that you address yourself to the legal issue which I raised concernin<; the disqualification under the City of Miami Code. Sea Escape, because on of its principals is a member of a City board and cannot negotiate. any business, or transact any business with the City. Mayor Ferre: Mr. Knox. Mr. Knox: Yes, sir. I will read from Sect:,.n 4(c) of the Charter of the City of Miami. "Commissioners and other officers and employees shall not be interested in the profits or emolume:;ts of any contract, job, work, or service for the municipality. Thi:: implies on our facts that no individual who is an officer, official, c• employee may participate or have a financial interest in a contract 1•tween himself or herself and the City Commission. I would think that this provision would spring into existence upon the entry of a contract ,r a business relationship between that individual and the City. Mayor Ferre: In other words, are you rulirn; then are you waying legally that should Sea Escape be the successful bi,iter, and should mr. Pantin resign from the Civil Service Board, who wo�..d then not be in conflict upon entering, or are you, does that mean ti.•tt he is in conflict now and either must withdraw or ... because I didn't i;,iderstand what you... Mr. Knox: Well, in essence, I'm saying that if a contract is awarded to Sea Escape, then Mr. Pantin could not contL,,ie to serve as an officer of the Citv of. Mie~ti. Mr. Gerstein: We have a compromise to offe!. My clients want to make a compromise, or recommend one respectfully :o you. That is that the matter be put over giving Mr. Pantin an opp,�ctunity to resign and then consider it. Mayor Ferre: Well, I don't think we need ti. do that, Mr. Gerstein, because the City Attorney has now ruled that Mr. Pal.cin has the perfect legal right to resign and therefore, I don't see beat that's any reason to continue this issue unless somebody wants to challen•,a his legal ruling. I've been in the City now for ten years, no eleven years as a Commissioner or a Mayor, and I've yet to see anybody overru.1a the City Attorey's ruling. Mr. Gerstein: We will not challenge the City Attorney. Mr. Carollo: Mr. Mayor we've been going at this now for I don't know how many hours. What I'd like to propose i�i a cooling off period so maybe both groups could meet and work out a compromise that's best for them, and that's best for the City. And hc;efully, they can come back to us at the first meeting in January and hopc`ully for the new year enlighten everyone and they can work out a reasonable compromise for everyone's and the Citv's benefit. Mayor Ferre: My position, of course, again, I can be overruled, is what's sauce for the goose is sauce for the gander. We heard item "B", we took that out of sequence and that's done. I tf.lnk it would be unfair now for us to say we're not going to hear item "A". So I rule that this item is before us legally. And unless somebody %:•ishes. If you want to postpone this, you've got a perfect right to make a motion, and if the majority of the Commission subscribe to your position, then that's the way it is. Mr. Carollo: I'm making that as a motion a:,;d I'll tell you why. You can't compare the meat of a pidgeon to the meet c, a deer. And that's what we're comparing here. We"re comparin( a small little parcel to the stadium that has much much more involv(.i and much more complex than 136 ist OCT 17 0 1980 C #I, Mr. Carollo (continued): that little parcel was. For instance, we have the helicopter people, we have much much more to consider that. And this is why I'm saying that. Mayor Ferret There's a motion that this item be postponed until after January. Is there a second to that motion. Is there a second. Hearing none, it dies for lack of a second. Mr. Plummer: question. Mayor Ferret Yes, sir. Mr. Plummer: Mr. Mayor, I'm only asking for what the ruling of the chair, in the interest of fairness, as you are well aware, we had proposed, according to the agenda, a zoning meeting to start at 7 o'clock. There are a numtex of people here whc are here for the 7 o'clock agenda on zoning. I can tell you that I'm prerared to discuss item "A" for at least an hour. You take it from there. Mayor Ferret I have no problem with limiting discussion on item "A" to one hour. And it may very well be that we cannot come to a conclusion at the end of that hour and we'll have to put this off until the November 6th Commission meeting, which I understand was going to start at one and now it can start at nine. okay? Now I have no problem with the motion, if you wish, to continue the discussion of this item at 9 A:M. on November the 6th. Plummer? Mr. Plummer: I have no ... Mr. Mayor, I have no problem. I asked my question in the'interest of fairness to the people who came here at 7 o'clock for a zoning matter. Mayor Ferret And I said that i would be willing to accept a motion to continue this on ;November the 6th at 9 A.M. i-f that's the will. of the: Commission. Father Gibson: Mr. Mayor, i have no problem with the continuation. I would hope that as we ... if we resume or if we agree that we will continue on November 6th, two things ought to he put into the matter. I find it hard to be voting any kind of a contrE.ct. And it was brought to our attention about helicopter business, and I just feel like a City like Miami has to. It isn't if we want to, we must make some provision for helicopter service. And I would hope that that no proposition would exclude or preclude because if we, .if you've ever been near the door where you're about to go, you'll understand how important it is to have some options. For instance, I would not want the people on Key Biscayne not to be able to get on the helicopter and get on over to a hospital. That's number one. That's the first thing. Now who gets it and who doesn't get it is not my concern. You know, 1 can deal with that. And then the other thing is that gentleman, aren't you the gentleman to talk about the boat rowing business? I would hope that whatever plans are advanced, that we do not shut off or exclude that gentleman's program. I would hope that, sir, you and your clients and all the rest of you would get together so that we would make provision for these two facilities and one wav or the other. I don't know how that's done. The helicopter and then you're young people business. You sec,? I would hope that you all would get together and try to work that out so that we could have the best of two worlds and we all will be happy. Would you think November 6th will give you enough time to talk and come up with an arrangement? Mr. Ter Keurst: Father, if I may make, a few comments. The helicopter operation and the rowing club have no prolem with each other whatsoever. And should the heliport be a part of this, there is no conflict with the rowing club whatsoever. And I would request, to help them, that you might possibly vote on their section this evening so that they might not have to come back. Also... Mayor Perre: I've got no problem with that. M 13 ist OCT 3 01980 f 0 Mr. Ter Keurst: Also... well, I'm just try -;rig to, you know, be as helpful as possible to the rowing club because these really is not, I don't believe, a conflict there. I do have some other points that I would like to use a minute left of my other time. Mayor Ferre: Look, I'll tell you what. I nave a feeling that we're really going to take this up on the 6th of November because there's no way we're going to conclude this in one ho,r tonight. And I think Plummer's statement was right. So for Plu:.mer to really be consistent I would imagine that he•or sornebodv would take a motion that we continue this until November 6th at 9:00 A.M. Mr. Plummer: Mayor, please don't misunder:.tand what I was saying. I was not proposing in the interest of fairness to the people who are here for zoning I asked the question. Mayor Ferre: I agree with you. I think you are totally correct and I agree with your position. Mr. Plummer: I'm prepared to go either wa-. I'm going to tell you that. Mayor Ferre: All right, let's go. What's the will of this Commission. Mr. Lacasa: We wasted ten minutes. Mayor Ferre: Yeah, we've wasted ten minutes on this discussion. All right, I'll tell you how we're going to do this since evidently nobody wants to bite the bullet. The Chair will :ule that this item is continuted until 9:00 A.M. on the 6th day )£ November. Mr. Ter Keurst: Thank you, sir. Mayor Ferre: Now, is there anything else? (INAUDIBLE BACKGROUND COMMENT FROM THE AUDIENCE PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Sir, I will give you all the time you want. You go right ahead. There's a microphone. Start talking. Mr. Ter Keurst: Mayor Ferre, may I request that you do separate for the rowing club because we are an imposition to them at this point. Mr. Plummer: That is a separate item on our agenda. Mayor Ferre: Yes, sir. Now I want to tell you that I'm going to let you talk but that's going to be it. You will not talk on November ... no, I'm going to let you talk but I'm not going to let you talk on November 6th. You want to talk now? You go ahead and:1have your piece. Make your statement. UNIDENTIFIED SPEAKER: I will not be in tcwn November 6th. Mayor Ferre: That's fine. You go ahead and make your statement. Mr. Edward Smith: My name is Edward Smitt, 200 Ocean Lane Drive, Key Biscayne. I am Chairman of. the Rickenbacker Traffic Committee. And I }sad the privilege of addressing you gentlemen several months ago. I would like to bring to your attention the editorial in this mornings Herald concerning this issue. Mayor Ferre: That's a bad mistake. Mr. Smith: Excuse me, sir?. Mayor Ferre: That's a bad mistake. .I'll tell you, I usually vote opposite of what the Miami Herald editorial says. And usually when I'm in favor of something and the Herald comes out against it, or the other way around, I usually change my position, 138 .L$t OCT 01980 6" t Mr. Smith: Well Mayor, I'm not that aware of how you make: your decisions. Se if I made a mistake... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Smith: The problem still is that the traffic conditions on R3.ckenbacker Causeway are horrendous and all that we, from the Traffic Committee, would like to see is that in your deliberations, in your lease arrangements you take every pre::aution not to male the traffic worse on the weekends and so affect ail the people of Dade County, Now De;de County are taking action, but lo:g range, to solve the problem. We do have a program going and we shorty expect to have a contract .for a feasibility study. And this hopefull/ will be issued in a few months for a high bridge. But that's years away and all that we would like to do is to ask your cooperation .not to make the traffic problems on Key B:.scayne, on the causeway worse than they are now particularly in the summer months. This is a problem that the Dade County transportation D:.vision is very concerned with, and f. believe it was brought to the attention of the Manager, and it is a matter of scheduling the events so that they do not breaA, at the same time the beach and other crowds leave the area. And that's what we would like to see that done. We would like to see you bring in the Dade County Department of Transportation, and consult with them in the 1 ease so that the proper conditions are written up. Thank you. M<<yor Ferro: Mr. Smith, I think that 's a very reasonable request and you have my assurance that if this phoulc proceed in any way, that that will btu incorporated in the main motion. Mr. Smith: And I'll remember your: Herald position next time. Mayor Ferret I was being facetious, obviously. I was just playing a•^ound with it. I have a lot of Fun with that. U'"i10.RI ^', CI"'Y 1".'>. t'>.Gr'2 TO ',XEC 1K-?F LEA0 '1G'Z^T'[ t';.'�.' ttim(' T7"y; L . I .n.l_. G CLi Fl .. I _ .., . o.. DZ _ .., Mayor Ferret Mr. Montalvo. Mr. Montalvo: Yes, could you all ronsider,please, the Miami Rowing Club. Mayor Ferret Yes, sir. I have no problems in voting for that at this time. Mr. Plummer: I am willing to approve the lease, less the boundaries to be set at another meeting. Yes, I"m in favor of that. Will that satisfy you? Mr. Montalvo: Yes. Mr. Lacasa: I make the motion. Mayor Ferret All right, there's a motion made and seconded, that we move along on this provided however, that we are not at this point defining the property that i!; involved, that will be done in the future, after we make a decision on parcel "A". Is that correct? Father Gibson: Yes. Mayor Ferret All right, further dLscussion? Call the roll. 39 ist OCT C 1980 C The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 80-786 A MOTION CONDITIONALLY AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN TI•tE CITY OF MIAMI AND THE MIAMI ROWING CLUB, INC. FOR A PORTION OF THE MIAMI MARINE STADIUM IN SUBSTANTIALLY THE SAME FORM AS PREPARED AS A PREPARED AGREEMENT PRESENTED TO THE CITY COMMISSION ON "PHIS DATE, EXCEPTING THE DELINEATION OF BOUNDARIES OF THE AREA IN QUESTION, WHICH BOUNDARIES ARE TO BE SET AT A FUTURE COMMISSION VEETING, AFTER A DECISION IS MADE AS TO PARCEL A Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr, Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferro NOES: None ABSENT: None dG . APPOI:IT TJ FF�EDO IM-ND01-:VIC';-CNAIRPrRSO`I OF trY? mOD CO14--UnITY D1A7ELGPI!F,JK! ' ^_ARGl:^ ARZ? FORUt:, etc. Mr. Lacasa: 26 (c). I move that Mr. Mendoza be appointed Vice -Chairman of the Wynwood Community Development Task Force. Mayor Ferre: Commissioner Carollo, Mr. Plummer, we're on item 26 (c). There is a motion on the floor... Father Gibson: Second. Mayor Ferro: ... that Mr. Mendoza ... is Mr. Mendoza here? Mr. Mendoza would you stand up? Okay, there's a motion that Mendoza be the Vice -Chairman of the Wynwood, since we have a resignation of the Vice -Chairman. It's been seconded by Father Gibson. Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-787 A RESOLUTION APPOINTING ALFREDO MENDOZA AS VICE CHAIRPERSON IN THE WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA FORUM, IN ACCORDANCE WITH THE CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the followingjvote: 140 OC 1 019 3 80 ist \J AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodre R. Gi.i.)c,on Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Terre NOES: None ABSENT: None THEREUPON THE CITY C0,4MISSIG." TOOK A BRIEF RECESS AT 7:37 P.M.; _econvc:-,:;ng at 8:15 P.M. with all mentbezrs of the Col_v1,ision found to be present except for Commir. ;.i.oner Carollo. THEREUPON, THE CITY PROCEEDED TO TAKE UP ITEMS BELONGING TO ,'HF ZONING PORTION OF THE AGENDA. 45. STCO710 '_:r?DI'1G OMI'.'T..''.CP : ' PPLICF TIO" 9.' Jr t XS G . ^.0 �� »^ �0.• TO Ct'A".GI:. ZO;,I!.,G OF 32.15-45 t�t/T'nmI(li•i pt�^,;,jjJ.^., Mayor Ferre: We're now on the Planni.:g and 'Zoning Agenda... Mr. Plummer: Mr. Mayor... Mayor Ferre: And we'll start off by doing it this way. Mr. Plummer: I hope I think I know w'.tat you're going to say and it will please me and my neighbors to no and. Mayor Ferre, Well what I'm going to say, I'm going to :;ay two thin(is. The first thing I'm going to say is teat ilia leaving this room at midnight. I'm not going to stay beyond nidnight. And I don't want anybody getting very upset with me at midnight becaus: we've: had sensions where we stayed until two or three o'clock in the moriing, ,ind I'm not doing that today because I've been out campaigning all over -.he state for certain unnamed candidates which I won't name... Mr. Plummer: Is he a democrat? Mayor Ferre: He's a democrat. There all democrats. And I'm very tire. I'll stay here until midnight but thai-'s it. Then the second thing that I wanted to tell you was that maybe we could take some of then, things out of line depending on how many people are here. Ladies and gentleman, as you know, the City of Miami Commission is composed of five members. The Mayor and four • members or the Commision. Sometimes when a Commission is only,four, it i:s more difficult to get things done or not done. Whichever way you want to loo}: at it. So I want to point out to you that we do not have a full Commission for the hearing this night and if there's anybody here who want:: to insist on a full Commission, that is your prerogative. That doesn't mean ... we have had an overruling of that, but usually we try to accomcdate people who have strong feelings about being heard before a four person Commission. Does anybody have that problem here tonight? On item cumber cwo are there any objectors present. Anybody want to speak td item number two? I want to remind you 1 141 oC� '►�30 `U f t Mayor Ferre (continued): this is Dr. Robertson's zoning change on Aviation Avenue. Anybody here want to address the Commission on that? Well, seeing no objectors, is there a motion on second reading? Mr. Lacasa: Move. Mayor Ferre: Moved by Lacasa. Mr. Plummer: This is item number two? Mayor Ferre: Plummer, you seconded it last time. Mr. Plummer: Yeah, I second it sure. Mayor Ferre: Is there further discussion on item two? On second.. call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDTNG ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING, THE ZONING CLASSIFICATION OF LOTS 27 THROUGH 33 AND NORTHERLY 50' OF LOT 36, BLOCK 38; NEW BISCAYNE AMD (B-16), BEING 3215-45 AVIATION AVENUE, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-C (RESIDENTIAL OFFICE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP ;MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 25, 1980, it 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 (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9194 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. FOLLOWING ROLL CALL: Ms. Janet Waldman: May I ask a question about the item you just passed? My recollection, there were certain additional restrictions? And I would inquire whether they were still in there. Mayor Ferre: I'll tell you, you'd better get a hold of Mr. Rice who just walked out. Would you get Mr. Rice and Dr. Robertson to get back in here. Mr. Plummer: Well wait a minute. We can answer it very quickly. Mr. Terry Percy: Yes, Mr. Rice has furnished the Law Department with a copy of a covenant that will be recorded on the passage of this item. �4ti ist OCT 3" Q 10280 6 \ f 46. SEC01D R.rADING OPTJINPNCr: RP' LIC.T.TIOM DY G J nIET, VOLAIITF-C'•"`•TG`: ZONING OF 230 S.W. 57TTI, FROM 7.1-4 70 C-2 Mayor Ferre: Item number 3. Is thhere any controversy on this? Anybody here as an opponent? Anybody wish to speak against this on second reading? Mr. Lacasa: Move. Mayor Ferre: All right, its been moved by Lacasa. Is there a second? Mr. Plummer: Second. Mayor Ferre: Plummer seconds. :'urther discussion? read the ordinance. (AT THIS POINT, THE CITY ATTORITEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 1, WEST LAWN (9-3), BEING APPROXIMATELY 230 SOUTHWEST 57th AVENUE, FROM R-3 (LOW DENSITY MULTIPLE) TO C-2 (COMMUNITY COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE: AND Df;SCRIPTION IN ARTICLE III, SEC'I.�ON ?,THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 25, 1980, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Plu=er, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYE:3: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9195 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. K 143 ,oc i 01�ao is! C. r. TRITHDRAWL OF APPLICATION BY CHARLES R . ADAMS FO:; CONDITIONAL USE TO 47. PEKIIT PLA1;r4ED IP4IT NATUR% (PUN) AT 1715 TIGEP.TAIL AVENUE Mayor Ferre: All right, the next item is item number 4 and I want to ask,,. this is on first reading. There are twelve people that are here. I assume that they're objectors. Is that correct? Is there anybody here who is objecting to item four? Are you an objectors? You're all objectors over there. You're all against it, is that right? I'm sorry item fourteen (14) but I guess we're going to have to hear item four first. Mr. Perez: Mr. Mayor, before we move into item number four (4), it is my understanding that item 18 and 3.9 wish to withdraw. Mayor Ferre: Yeah, I've already announced that. When you all got up and left the room, somebody came up to me with that and I announced it into the microphone. Is there anybody here who objects to items 18 and 19...is that correct? 19 too? 18 and 19 being withdrawn? Are: there any objectors to items and 19 being withdrawn. Mr. Plummer: Let me ask a question. That is withdrawn or deferred. Mr. Perez: Withdrawn. Mayor Ferre: Not 14efer.red. Mr. Plummer: And that is the Ball Point property? Mr. Perez: Yes, Commissioner. Mayor Ferre; Perhaps the attorney might want to speak to that. Mr. Tom Lumpkin:, My name is Tom Lumpkin. I'm an attorney with Mahoney, Hadl.ow and Adams, representing Mr. Gould and Chopin Associates. The reason 18, (a), (b), (c) are being withdrawn is because our client has obtained a building permit and the extension is no longer needed. Mayor Ferre: In other words, he's gone ahead and pulled his permit. Mr. Lumpkin: That's right. Mayor Ferre; This is all academic. Mx. Lumpkin: That's right. Mayor Ferre; There's a motion by Plummer that 18 (a), (b) and (c) be withdrawn, second by Lacasa. Further discussion? Call the roll, THEREUPON, the members of the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Lacasa, AGREED TO WITHDRAW THE ABOVE MATTER BY THE FOLLOWING VOTE: AYES: Commissioner J, L. Plummer, Jr. Commissioner (RevJ Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe'Carollo -144 OCT Z 01980 Mayor Ferre: Take up 19, is there anybody here who objects to 19 being withdrawn. Is that correct? We are now withdrawing. Mr. Plummer: Do we have that in writing. Mr. Perez: No, Commissioner. But as soon as an applicant pulls out a building permit, it's outside the scope... Mr. Plummer: Oh, Gould also pulled.a building permit? Mr. Perez: Mr.Borroto, one of the principals of the BLK was around I don't know if he still is but... Mayor Ferre: All right, is there a motion that item 19 be withdrawn. Mr. Plummer: Don't need it. The motion is immaterial. Mayor Ferre: Technically... Mr. Plummer: They have the right to pull it if they want. Ma;,or .Ferre: Do we need to vote on a withdrawal? Mr. Percy: You don't really need to, Mr. Mayor. You did on a previous item. To be consisten, you can dispose of the item by a motion. INir. Fosmoen: You have in the past asked... Mr. Plummer; fine, I move it. Mayor Ferre: Plummer moves, 'Lacasa seconds that the matter be withdrawn. THEREUPOM, the members of the City Commission on motion duly made by Commissioner Plummer, and seconded by Connissioner Lacasa:, AGREED TO WITHDRAW THE ABOVE MATTER BY THE: FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Fcrre NOES: None ABSENT: Commissioner Joe Carollo FOLLOWING ROLL CALL: Mr. Plummer: Mr. Mayor, the only reason I Wrought that up, and I want to keep it in mind for the future, i� they had withdrawn, which it was indicating to me on the Ball Point property, you're probably talking a:,out an eighteen (18), twenty (20), thirty thousand dollar ($30,000) refiling fee. And I wanted to make :pure that when they withdrew they knew they were withdrawing and loosing their original fee. Now proportionately, that would stem on flown to other applications. And the only reason I asked did we have it in writing so that they knew wl,at was happening. Miiyor Ferre: Thank you for the clarification. OCT 3701080 1645 Z J::t .j t DENIAL OF APPLICATION BY CREMATA AUTO' GLASS, INC. 2N) CHANGE " 4B. "JONIMG OF 2172 '%W. 3rd -gD 2165 1.'1. 2nd STPF-ET Mayor Ferre: We're now on item four (4). All right, proceed. Mr. Plummer: Mr. Mayor, it is my understanding on item four (4), as I recall by the best of my recollection, that item four (4) was merely sent after a hearing to try and work out socr,e compatible agreement between the neighbors and the applicant, anc that was to be basically what was to be dealt with here this evening. Mayor Ferre: Okay, go ahead. Mr. Richard Whipple: Mr. Mayor and members of the Commission, Richard Whipple with the Planning Department. I believe more precisely what had happened at the last meeting was plans were submitted which the department had not seen, and the residents had not seen, and therefore, this deferral. Mr. Plummer: I stand corrected. Mr. Whipple: If I may take just a moment, t1,a original request before the Zoning Board was for the four lots in yelloo:, change of zoning, from the R-2 to C-4. The Zoning Board recommended two of thel immediately adjacent to the C-4, lots 3 and 22 be changed, but the other two lots not be changed. The applicants are before you this eveningtstill seeking the change of all four lots. At the first appearance before the City Commission, there was concern voiced by I bclive Commissioner Gibson, as to the access or non -access on Northwest 2nd Street with respect to the Cremata Auto activity. They submitted plans at that time which showed no access on the additional two lots which means that they'd have to come from the two lots if they were changed, onto the commercial property and at that point, they would have access to 2nd Street and/or 22nd Avenue if it was available, and I don't believe it is. Now I had difficulty meeting with the neighbors. However, I did have an opportunity this evening to show them the plans, to show the walls that were being proposed to be constructed, and what the applicants were going to do to restrict access on 2nd Street on the newly zoned commercial property. Notwithstanding that, I believe there are still some objectors here this evening. And I just wanted to let you go that we have gone over the plans with the neighborhood, but I believe there still are objections. Mayor Ferre: Al: right. Mr. Manuel Vasquez: Mayor, my name is Manu.:l Vasquez. I represent Cremata Auto Glass and his associate. I have two letters from former objectors here that I would like to give the Commission withdrawing their objections and the plans, I know some of you have seen this plan. We are ... what we propose to do is to build a ten foot concrete wall on 2nd Street, on lot 22. And an eight (8) foot wall on the back of the lot between 22 and 21 which would isolate that property and there wouldn't be ... there would be no access from 2nd Street. All of the access and egress would be through 22nd Avenue. I think that would solve the problems that the objectors raised at the previous meetings. And based on those grounds that we'.re going to block off on 2nd Street... Mr. Lacasa: What you mean is ... the basic, if I remember correctly, the basic problem was that the objectors, at least on N.W. 2nd Street were objecting to the fact that this was an intrusion on their residential area. We suggested that you close down com,)letely the ingress and egress of N.W. 2nd and that the only ingress and egress be on 22nd Avenue. Have 146 ist OCT ' 01080 0 Mr. Lacasa (continued): you done that? Mr. Vasquez: Yes. Mr. Lacasa: I have no problem with it. Mr. Plummer: Let's hear from the objectors. Mayer Ferre: Ladies and gentlemen, those of you who are objectors, I think You're back in the back row. Is that right? All right, why don't one or two of you become the spokesmen of the ,group because we've heard from the objectors last time for about two hours. Perhaps we could limit it now to maybe two or three spokesmen. So w'-iy don't you start and maybe one or two of you more could be the spokes)ersons for the objectors. Go ahead, sir. Mr. Abraham L. Bassey: Mr. Mayor, my came is Abraham L. Bassey. My address is 1951 N.W. 17th Avenue, Mia^.i, Florida. We have pretty much con:iistent objections. My clients cor.:ern was not solely the ingress and egress on N.W. 2nd Avenue. Their concern is, as was the recommendation by -.he zoning staff, the Planning Board staff, is in erosion into -an established community that there is adequate property in the community that's presently zoned for commercial, that it's taking away from the People who have lived there most of t;:.ir livas. Now the people who are objecting to this change are basically homesteaders. "These people have lived in this community. Some hLvc Lived in there as many as thirty- six (36) years. They've seen a lot cf changes in Miami, they've seen changes in their community. They cannot live with additional erosion of their neighborhood. Additionally, there is a school there. It interferes with the school. It creates a hazardous condition. And if Mr. Cremata's business grows proportionately with the expansion, in a little while you'll have the same thing again. And this is what the people of that neighborhood do not want. I showed pictures to the Commission my last time here and I �;ish to thank the Commission for a deferral, .inasmuch as I was in trial on your September 25th meeting. But i showed the Commission pictures of that neighborhood, the conditions that exist as a result of the parking and the utilization of the streets. Now, we :submit to the Commission that in the event this change is granted, that you can expect it proportionate growth with the change and you can expect the condition to reexist in a relatively short time. I think that the members of that neighborhood will voice pretty much the same opinions. The Planning Board staff have recommended a denial of the change. The Zoning Board recommended a change in two lots, but even with the change in those two lots it still has the same impact on a very well established and old community in this neighborhood. Thank you. Ma' ;.'Or Ferre: All right, next objector. Anybody else wish to speak out on behalf of the objectors? Ms. Francis Kaplan: My name is Francis Kaplan. I live at 2137 N.W. 2nd Street. I still bitterly oppose and all of the neighbors oppose. Because look, if these people go ahead and do what they want to do, the next thing, they'll want to tear down. 2165 and add on there. That's what they are contemplating doing. Now every one of the neighbors object. Some of them are not able to get up here and speak tonight and I'm speaking on behalf of them. And I think if this thing goes through to hurt all the old neighbors on that block, that's a terrible thing to be done. And it will be publicized in a lot of the papers. That's all I've got to say. Mayor Ferre: All right, any other objectors? All right, questions from the members of the Commission. All right, what's the will of this Commission? Mr. Lacasa: Mr. Mayor, I think that the applicant has satisfied the need that existed for maintaining the residential character of the neighborhood which was the basic problem for the majority of the opponents complaints, and therefore, I move that the item Le approved on the basis that actually it does not jeopardize the rest of the neighborhood since the only thing that it does is expand a little bit to the back of the property the 1.47 OCT 3 0 ►(,,)Bo Mr. Lacasa (continued): the commercial facilities that they do have, and the ingress and egress will continue to be on N.W. 22nd Avenue, so I move for approval. Mayor Ferre: Is there a second? One last til-me, is there a second to the motion made by Commissioner Lacasa? Hearing no second, the motion dies for lack of a second. All right, where is the Commission now? Mr. Plummer: Mr. Mayor, the converse motion would be in order and upholding the Planning Board. Mayor Ferre: There's a motion by Commissioner Plummer that the Planning Board be upheld and this item be denied. Mr.. Whipple: Mr. Mayor, may I st:ggest a cla::ification? The Zoning Board reauested that two of the four jots reaues4.ed would be rezoned. So, if the motion is to uphold tine Zoning Board, that would be the rezoning of lot 3 and 22. Mr. Plumrier: Excuse me. Thank you for the clarification. It's obvious the applicant had the opportunity to reduce his application and did not. He wants, as I can see it, to be acted on the four lots, then I would move for the denial of the four lots. Via:. Vasquez: Mr. Mayor, at this time we would accept what the Zoning Board approved at their meeting. Mayor Terre: I hate to tell you, but I think you're in trouble. I don't know whether Mr. Plummer...I will accept any motion that anybody wishes to make at this point. Mr. Plummer: I made my motion, Mr. Mayor. Mayor Ferre: Repeat your motion, Mr. Plummer. Mr. Plummer: My motion is that the application be denied. Mayor Ferre: You're talking about... Mr. Plummer: No, my motion is to deny. Mayor Ferre: Does that include the denial of 2 and 27? Mr. Plummer: Mr. Mayor, there was every opportunity and they refused the opportunity. So I'm saying it will be denied. Mavor Ferre: All right, the motion is that there be a full denial of rezoning of any of lots. And Ls there a second? Father Gibson: Second. Mayor Ferre: Okay, there is a second. Now... Mr. Plummer: Mr. Mayor, under discussion. I want to say that I don't think anybody on this Commission has been any stronger to try and help business where it was humanely humanely possible. And I think this Commission has bent over backwards every way possible to help this man in business, to expand his business. I just don't see any way humanely possible, especially, especially with a school across the street. And I am always concerned when there is a school or a church. And in this particular case, there is a school. Mayor Ferre: All right, Mr. City Attorney, I need an understanding since we have a four member Commission. On,a motion of this nature, if it goes two -two (2-2)... Mr. Plummer; It's a denial. Mayor Ferre: It's a denial. O ist * , 0 Mr. Plummer: Right. Two to two (2-2) would be a denial of my motion. Mayor Ferre: And then where would we be? Mr. Plummer: In a hiatus. Mr. Percy: You need three affirmative tG move the item. Advance the item,Mr. Mayor. So in absence of three affirmative votes, the item is considered denied. Mayor Ferre: You don't understand my question. Mr. Plummer: No, not the item, the motion. There's a difference. Mayor Ferro: Okay, that's what I wanted to clarify. Mr. Percy: The item. Mayor Ferre: So in other words, no matter how I vote you've lost your point. Mr. Vasquez: Well, at this time I would demand the whole Commission and the matter be deferred. Mayor Ferre: I asked you that in the beginning. Mr. Vasquez: Mr. Mayor, at this time... Father Gibson: Mr. Mayor, as a Commissioner, I don't think he could do indirectly what he couldn't do directly. He had an opportunity. You warned him that that he did not have a full Commission. He took his gamble. Man, one thing about gambling is you lose and you win. You decided that you wanted to gamble. Mr. Plummer: Well, you know, here again I've made my position clear. But Father, I don't consider the terminology gambling. It's not gambling. Father Gibson: What else is it? Mr. Plummer: Well what I wanted to :say for the record, okay, is the fact that an application, in my estimation stands on its merit. Either it's good or it's bad. I feel, in this particular case, it's bad. Now even withstanding saying that, if this man asked for a deferral, I want to tell you I will vote for his right to have a full board. I have always done such, and will vote for that if that's what he requests. I can't say what the rest of the members, but I'm not changing my mind. Father Gibson: Let me say this, Mr. Mayor. You're the presiding officer. You asked everybody out there, do you want to proceed with a four man board. Everybody here, did not a single person object which meant he was willing to go along with the ruling. All right, now when he sees he isn't going to win, then he wants to change the rule. Hey. Mayor Ferre: See, I don't ... I think it would be highly unfair for me at this point to change the ruling that I made in the beginning. And I asked everybody if they wanted to withdraw any item because there was not a full Commission. Absent that, I think it would be totally unconscionable for me to change my ruling. Now, I can be overruled. I've got no problem if somebody wants to make a motion that this item be deferred at this point. You've got that right. I cannot deny Commissioner Plummer or any member of this Commission a...but let me tell you what happens here. if you get two votes and somebody moves for a deferral and it goes two to two, the deferral is denied. And I've got to tell you that I'm not changing my ruling because I think that is highly unfair. Now, the Chair is open. At this point, there is a motion... Father Gibson: I call the question. Mayor Ferre: And that precludes aqy further discussion. Now, as a 149 ist OCT 00'i980 Mayor Ferre (continued): matter o4 clarification. Again 'Mr. City Attorney, if the vote, if I vote against tt:is motion, and Lacasa votes against the motion, the vote would be two to two (2-2). That technically means that the item is denied... Mr. Percy: That's correct. Mayor Ferro: ...as requested by t:le applicant because there are not three votes to move it forward. And on the absence otr no second on the other motion. is that correct. Mr. Percy: Okay, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTIOT: N0. 80-788 A MOTION DENYING APPLICI,TION MADE BY CRF.MATA AUTO GLASS, INC. FOR CHAYGE C:'F ZONING AT APPROXI:",ATELY 2172 N.W. 3rd STREET ANI1 2165 ?I.P:. 2nd STREET, FROM R-2 TO C-4 Upon being seconded by Commiissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Pluirsr.(x, Jr. Commissioner (Rev.) Theodore R. Gi',.)son NOES: Vice -Mayor Armando Lacas.i Mayor Maurice A. Ferre ABSENT: Commissioner Joe Carollo FIRST READING ORDINANCE: CHANG- :O lNC O;.' pPi'k0: :.1Aic,1,Y AVENUE FROM R-2 TO R-3A (JOHN N. GOUDIL) . Mayor Ferre: We are now on Item #5. 1ir. Traurig, the Chair recognizes you. Mr. Plummer: On who's agenda? Mayor Ferre: John N. Goudie proceed. Mr. Plummer: Wait a minute. Are there any objectors on five? Are there any objectors on five? You are objectors? On number five? On Bird Road': Ok. Mayor Ferre: The Planning Department recommends. Proceed. Mr. Reid: Mr. Mayor, do you want the presentation from the applicant or from staff? Mayor Ferre: I would imagine chat th4 staff will start is off, the applicant will make a brief statement, we will hear from the opponents... Mr. Reid: The staff recorvaends approv,,.l of this requested change in order to bring the zoninb in compliance with tit, ownership lot. Mayor Ferre: Thank you, sir. Now, maize your statement. Mr. Robert H. Traurig: Just very briofly, Mr. Mayor. My name is Robert 11. Traurig and I'm an attorney with offices at 1401 Brickell Avenue. I represent Mr. John Goudie who is the owner of th:s property at 2956 Bird Avenue. A portion of the property which Mr. Goudie owns :-.s presently zoned R-3A and a portion of it is zoned... a very minor portion of it is zoned R-2 and that's the back thirty- one feet on the lot that has a depth o! a one hundred sixty-five point twenty-nine feet. When Mr. Goudie purchased this property he went to the Planning Department to determine what the use would be and that is prior to his purchase of the property and they discussed the R-3 usu. He proceeded to buy the property and proceeded to develop the plans. When he went- in for the building permit it was called to his attention that the zoning; on the property haul been split despite the fact that, if you will look at thu map, some of the property to the west is zoned R-3A. Some of the property to the east is zoned R-3A, but there is a line which does not go as far south. There is a thirty foot hiatus. At any rate, his property one line is partially in the 1t-3A zone, partially in the R-2 zone and he seeks now to rezone the R-2 to R-3A so chat the entire parcel will be zoned in the same classification. Mayor Ferre: Ok, objectors? Alright, is there an objector present that wishes to be heard? Mr. Plummer: This lady in the green. Mayor Ferre: Does anybody wish to object? Your name for the record. Mr. Albert D. Galambus: My name is Albert D. Galambus, I'm speaking for my mother. And what I'm concerned about is I haven't seen a print on how many familie., are ;oinN to live on this one property. And my mother has lived there now about twenty-six years and she has lived in privacy. And whether this is going to upset the whole neighborhood car... Mayor Ferre: Alright, Mr. Traurig? Mr. Traurig:, The zoning permits eight dwolling units. Mayor Ferre: Eight dwelling units. Mr. Galambus: Would they have enough parking for that much of facility? Mr. Traurig: Yes. As a matter of fact, the plans had previously been approved by the Building Department until they discovered this difference in the two zoning 1 OCT 3' 01980 classifications. The plans conform completely to the building code and the zoning code. Mayor Ferre: Alright, further questions". Any other statements? Mr. Galambus: No, I think what we a -re... we arc right next to where they are planning on putting this and my concern is whether they are going to just, like you say, ruin the tranquil of the neighborhood. tranquility, because there is small homes on both sides. Mr. Plummer: Well, do you understand sir, that presently it is zoned R-3A? You understand that? Ok. And they can build multiyle family on that lot today even without the back portion. And what the recommei.dati,on of our planning staff is is to make it unity of title. That the tract be made into one zoning classification. That'.s all that we are doing tonight. Now, based upon that, they would have to come in with a plan that complies with zoning, complies with parking or they do have an alternate to, if they did not, to come �n and ask for a variance. They have indicated they are going to comply with zor.ing. Mr. Galambus: I see. Well, is this structure �.oing to be three stories, the way I understand it? Mr. Plummer: R-3A will allow three stories or t,iirty feet. (BACKGROUND COM1.1ENT OFF THE PUBLIC RECORD) Mr. Plummer: Yes, sir. Two stories with parking underneath not to exceed thirty feet, correct? Mr. Traurig: Yes, sir. Mr. Plummer: According to the Brickell Avenue black forest. So the answer is no more than thirty feet sir, two stories with parking underground. Mayor Ferre: Alright, what's the will of this Commission? Alright, there is a motion that Item 5 be approved. In other words, concurrence with the Planning Department and the Zoning Board. Is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded, further discussion, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE. ZONING OF E100' OF NW1/4 LESS S153' AND LESS E100' OF LOT 10, BLOCK 2; EDWARD PENT HOMESTEAD (A-45), BEING APPROXIMATELY 2956 BIRD AVENUE, FROM R-2 (TWO FAMILY) TO R-3A (LOW DENSITY APARTMENT), AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: None, ABSENT: Mr. Carollo. ABSTAINING: None The City Attorney read the ordinance into the public record and announced that copies were available to bho members of the City Commission and to the public. 152 oc-r 7 o 1980 gl 0 50. FIRST READING ORDINANCE TO AMEND ORDINALNCE 6871. PERTAINING i0 COMMUNITY BASED RESIDENTIAL 'FACILITIES 'GEFLRRED. Mayor Ferre: Take up Item 6 on first re.:tding, Pl,,nnin& Department a,>plication, amend Ordinance 6871 pertaining to the Community i;ased Residential Facilities. Are there any objectors? Mr. Plummer: Who is the applicant? Mr. Reid: The City of Miami Planning Department, sir. Mr. Fosmoen: We are reco:rmmending changes for the ordinance. Mr. Plummer: Why? Mayor Ferre: Is there a motion? Mr. Plummer: No, no, no, there is objectors here. Mayor Ferre: Who is the objector? Are ;:mere any objectors.' Mr. Fosmoen: There are several objectors from coinimunity based organizations. Mayor Ferre: Ok, well, that's why I was asking. Alright, make your presentation. Mr. Fosmoen: Could Mr. Reid make his prusentation? Mr. Reid: Basically, Mr. ;•;ayor and memo rs of thy: Cor,unission, this is an ordinance that carries out a study that was brought to you .aGL December relating to the of community based facil `ies and what has been h.:ppening with co:,anunity Lased facilities is that in several neighborhoods throu;;hout the City we have an over concentration of these facilities. For i.::ample, �m one census tract near Omni ten percent of the people who live on that tract live in community based facilities. On the one hand there have been in effect, some n,2gative neighborhood impacts because we have not regulated these facil:Ltie5 ad;:quately. On the other hand there is a need to be met in terms of the location of these facilities. So what the study did and what the ordinance attempts to do is balance the need for these facilities against a set of restrictions in density and location controls that regulate both the number within census tracts. The number of pL:ople that can reside in these facilities and there location in relation:;hip to one another. This has been before the Planning Advisory Board... well, there is one third aspect you ought to mention of the study. We did recommend to made County do more in terms of providing their fair share of these facilities so that the City would not be inundated with it. Mr. Plummer: Well, but explicitly what does this; do? Mayor Ferre: It does two things, The first thins; it does is it prohibits the establishment of any community bused residents fa,:ility within two thousand five hundred feet of another facility. The second thing, it does is it prohibits the establishment of a halfway house in any residential district. Mr. Reid: Well., the... but there are two issues, Mr. Mayor, with respect to the ordinance as approved by the Planning Advisory Bo:ird and the ordinance as suggested by the Plannin£; Department, At the present time we have ninety-five of these facilities within the City. The... Mayor Ferre; They are grandfathere:d in. Mr. Reid: They are ninety-five. The Planning Department has suggested a standard covering all types of facilities that could not be located less than twelve hundred meet from one another. The... Mayor Ferre: Well, that's what twenty-five hundred feet radius... Mr. Reid: No, we have recommended, Mr. Mayor, twt!lve hundred feet, The Planning Advisory Board recommended twenty-five hundred fot.t. If you use the Planning Advisory Board's standard and you applied *-to tt.e City today and you distributed 91 00T r 01J80 11 facilities evenly that would enable you to have forty-nine facilities within the City. Right now we have ninety-five. We think that this standard is too restrictive and we are recommending a standard of tw4elve hundred feet and I think *many of the people here are here in favor of the standard of twelve hundred feet. Mr. Plummer: Well, what did the `Lonini, Board approve? Mayor Ferre: Twenty-five. Mr. Fosmoen: Twenty-five hundred. Mr. Reid: The Planning Board approved twanty-five hundred feet. The second thing ' is that we have put all facilities, all nine different kinds of facilities within one class in terms of their locational definition and the Planning Advisory Board had recommended that halfway houses be excluded from residential di:�tricts. Under � our ordinance as we have proposed it, halfway houses would be permitted, but they would require a conditional use procedure.. So there would be an opportunity to regulate halfway houses if the neighborhoods fe'_t it would be an onerous burden. So we are committing the ordinance to you in terms of dealing with the problem of community based facilities, number one. We are hoping... appealing that the two of the Sections as approved by the Planning Advisory Board relating to the distance between facilities and the prohibition on the halfway houses. Mayor Ferre: Alright, let's see if we can cut through this quicker than normal. Is there anybody here who has an objection to twelve hundred fifty feet? Doee; anybody object to that portion of it? Any objectors to that'? Twelve hundred one thousand two hundred fifty feet? Mr. Percy: Twelve hundred even. Mayor Ferre: Oh, I'm sorry, twelve hundred even. I beg your pardon. Twelve hundred even. Does anybody object to that? I certainly think that we should follow the Planning Department's recommendation. I think the other.... I concur as much to the restricted. Mr. Plummer: Well, Mr Mayor, let's just at the minute, talk. Now, what we were trying to accomplish, it will not put anyone out of business who presently is in business, but what we were trying to accomplish is to get some of, these things equally distributed across the entire county. Now, if what we are doing is going to the twelve hundred feet are we not defeating the very purpose that we set out to do? 1 Mayor Ferre: Mr. Reid? Mr. Reid: We believe -not, Mr. Plummer, because we do have the other control of number within a census tract and it can't exceed three percent of the population for one thing. So we have a population control. The second thing assuming that these were evenly distributed all throughout the City and occurred in absolute neighborhoods and occurred in Downtown and occurred on park land and so forth. In terms of the total acreage of the City we could have two hundred twelve such facilities and... Mr. Plummer: You mean at the twelve hundred foot radius? Mr. Reid: Yes, at the twelve hundred radius. That's right, sir. But given the fact that we have park land. We have other public lands that would negate against this, that we have neighborhoods in which there are... with... in terms of the price of housing you couldn't locate such a facility. But we feel that twenty-five: hundred would be an onerous burden in terms of meeting a need. Because we have a need for many of these facilities. Mr. Plummer: Mr. Reid, how many of these exist in the County? Mr. Reid: In total there are something in excess of two hundred facilities in the whole Metropolitan area. Mr. Plummer: So that means at best... Mr. Reid: We currently have ninety-five. Mr. Plummer: At best distributed among the other twenty-six municipalities and the County is just about a like number?. gl 1554 171, 301°$0 Mr. Reid: The City has slightly in excess of the number of facilities. But I think the... Mr. Plummer: You see, that's where it comes down unfair. You know, you are talking about twelve hundred feet and for all practical purposes twelve hundred feet is three blocks. Am I in the ball park? Mr. Reid: Yes. Mr. Plummer: About three blocks. Now., you know, one of the hues and cries that we have had and let's call it like it is, is in the Northeast. The Northeast section for some reason has been unindated by these facilities. And what the Northeast is saying to this Commission, they don't like to be castigated into the role that they are anti -rehabilitation, but what they are saying is, you know, spread it around. Mayor Ferre: Ok, Plummer, well, let's move one way or the other. Mr. Reid: That's precisely what- the ordinance does, Mr. Plummer, but we think the twelve hundred foot standard is regulatory enough. Rev. Gibson: It doesn't move it around. Mayor Ferre: What? Mr. Plummer: That's right. Rev. Gibson: It doesn't move it around. You remember wheat Grtacc :Rockaellar and those was saying to us that when... and you remember when we got up there by Edison School? All they did was just brought in all those places there time and time again. Remember on 2nd Avenue up there Plummer by that... Mr. Plummer: Miami Avenue? Rev. Gibson: Miami Avenue by that church? Mr. Plummer: Scott Place? Rev. Gibson: I think we ought to go twenty-five hundred feet. Look, we already have fifty percent of all of the facilities in the entire County. Mayor Ferre: Ok, Father excuse the interruption, but then I think if that's the consensus of two members of this Commission, then we have got to go and hear from the public, Now, who wishes to speak as objectors to that from the public? Twenty-five under feet? Ok, all of you have three minutes, those of you that wish to speak. Mr. Barry Weinstein: Three minutes? Mayor Ferre: That's it. Mr. Barry Weinstein: Barry Weinstein, I'm an attorney with the Dade County Public Defender's Office. First of all in light of my understanding of the twelve hundred diferentiation between the twenty-five hundred, it is quite restrictive. I did a survey of local ordinances throughout the other states and the average is about fifteen hundred feet between residential facilities. It seems that 3A would curtail the number of residential facilities in one portion of Northwest section that you are referring to which limits the community based facilities in that particular area. Mayor Ferre: Well, yes, let's explain that and take the tinter off. Mr. Plummer: What's 3A? Nayor Ferre: 3A is what Reid was trying; to explain to you that there is a percentage Population which controls and would suporcede the twelve hundred, so in other words, 3A really is the control point and not the twelve hundred. Mr. Weinstein: Right it's the control point, but with respect to the twenty -rive hundred we are talking about a restrictive mechanism and based upon the study that the Planning Committee did and the rationale behind the twelve hundred feet it would be more restrictive and it would lessen the opportunity of Miami of actually having the residential community based facilities. g1 Uri OC I301980 Mayor Ferre: Let's see if we can get... so that... because I think there is a misunderstanding. This will not be held against your three minutes. Alright, Father? Rev. Gibson: Yes, sir? Mayor Ferre: J. L.? Mr. Plummer: Yes, sir? Mayor Ferre: 3A, I'm going to read it to you. Specifically, it says "No proposed community based residential facility shall be located in any census tract when residents of existing community based residential facilities comprise three percent or more of that census tract's total population as estimated by the City of Miami Planning Department". Now, let's take each specific area where there is concern which is the Northwest part of town. Mr. Plummer: Northeast. Mayor Ferre: 11uh? Mr. Plummer: The Northeast. Mayor Ferre: Northeast. Alright, now, thc: census tract there, I think would show that more than three percent of the population of that particular tract live in these facilities. So therefore, even if i-- were a twelve hundred foot limitation you could not put another community based-esidential facility there because it would exceed the three percent. Did I say that right, Fosmoen? Mr. Weinstein: And it seems that 3A would protect that particular community with respect to the number of community bared residential facilities with respect to the limitation. And I don't think by my understanding of reading the community based residential facility that the twelve hundred was based upon... it waa based upon the purpose involved in utilizing a residential community based facility within that particular census tract. And I don't know the logic behind the PAD in coming up with twenty-five hundred as an arbitrary figure. Mayor Ferre: That's what it is. Mr. Weinstein, And what you are doing in essence are you are restricting community based facilities in the City of Miami. And twelve hundred was... Mayor Ferre: That was the intention. Mr. Weinstein: Right, but twelve hundred was based upon, I think Mr. Fosmoen probably could elaborate more on what the twelve hundred figure was based upon and the study of the Planning Committee came up to utilize the twelve hundred feet, Rev. Gibson: Sir? Mr. WeinStein: Yes, sir. Rev. Gibson: Let me say this to you. There is a study that says that we have more than our fair share, Did you all see that study? Mr. Weinstein: Yes, sir. Rev. Gibson: Ok, well, if we have more than our fair share we will live with the ninety-five that we have. And I... incidentally, I want to be on the team with you,but you know, I have a responsibility to all of the people. Mr. Weinstein: I agree, but the problem that we are having is , when we talk about. fair share when we look at the entire spectrum of services which is not offered, which is not offered to these individuals that should be based in these community residential facilities, what you are.doing by using twenty-five hundred is precluding; individuals to be placed in community based facilities. That's exactly what you are saying. Rev. Gibson: I heard what you said. I love you. God bless you. But you know, I just happen to feel that we have our fair share. Here you have twenty-seven municipalities in this County. Twenty-seven and one municipality has fifty percent. 1,1 { J OCT 301980 Mayor Terre: Alright, anything else? ;text speaker? Mr. Jeffrey Silver: Jeffrey Silver, E�:ecut:ive Director, Office of the Dade/Miami Criminal Justice Council. Good evenini;. I wanted to say that our office participatca with the Planning Department and with City in the year long study of this issue and I come before you tonight with that background. The ordinance as it stands as the Mayor has indicated is pretty food. I too have concerns with just those two parts. The twelve hundred foot raci.us and the 313, C rather which says that no hi,.lfway houses shall be located ill any residential neighborhood. Thoic, are our professional concerns. Commissioner Gibson :.as poii tcd out fair share. I just want to point out also that these residences go in a-,.ci out of business. Our orfi.cc funds them, a number of them and they go out of business and then we have to come before you, as well as other jurisdictions to get zoning, fire help and Goa knows what else to get them started up and we have somLv agencies litre today who are running these. And when we do a planning document like this, we are not looking for tonight or next -week or next year. We are lookinf, at this as a long term... an ordinance, something to shoot for. And when wu �1-y to house people in airgregate living, we try to keep it eight, ten, twenty ?oople. A reasonable amount of people close to jobs, close to the facilities fur hc:using and transportation so that they can subsist without having groat transportation problems and others. We want them to be able to go out on there: offal and live: normal lives. And I'm talking specifically about people who are ex -offenders comi,.c; out of the stockade or what have you. There are other types of facilities which this ordinance would cover, of course. So keeping that in mind and keeping al.o in mind that the present facilities are grandfathered in.If we lose some house::, we may or we nlay not replace them. I'm looking at this as a long term out .tool: and twelve hundred seems reasonable to us and that would keep them at least w thin three blocks as opposed to a village concept or a university concopt of iiav :i,c_, compounds. And I think that would avoid that problem. And as far as doi,.;5 away with them in residential neighborhood:, to me it just doesn't maicu ally sense: t:' 3C so Over from a proi.'essional planning point of view, community planner or u.4 a citizen of this coamiunity. Thank you. Mr. Plurter: Can I ask one questi.o:1? Mr. 'Rei.d, as ii'.. present.2y stands, if I'm not correct, it is under a conditional. use. Is that correct? If this does not pass this evening it remains as a cond:.t.ional use which means each case has to stand on it own merit and be brought before the Commission. Is that correct? Ok. Mayor Ferre: Next speaker.. Mr. Larry Foreman: Good ovening, my .hone is Larry Foreman and I'm the 'Executive Director of the Association for Retar.i-'d Citizens of Dade County. I have been before you on numerous occasions. "Ilos;.: of them have been in relation to this matter here tonight. I start out not o appease you, but to make two very important: facts. One is that the City of Miami iias been nationally recognized for this effort, that they have undertaken, and t:wo, I think you have prevented what I perceive to be a very strong advevsed, advocacy action on the part of providers who are Interested in seeing handicaptic-d people moved into the community. As I am sure you are aware of Senator McKni,,ht introduced a bill this year which passed which requires municipalities such as yours to amend your comprehensive zoning plan to insure that handicapped individuals are properly intef,rated into the community. Rev. Gibson, i am as upset as you are about the area of Biscayne Boulevard and the fact that there are ..i large number of special used facilities within a very confined area. And I hope that this ordinance that is here before you tonight will prevent that from ever happening again, I also am as concerned as you are about displacing our people throughout the entire County and not seeing them congregated in any area. But I do feel that the City of Miami does have other areas which would be very conducive to the natural and normalized integration of handicapped people into this community. So that they can be participating, taxpaying, contributing members of thi:, society. I would like to see you approve this ordinance with the two amendment :hat have been proposed so that we can insure that no one in this community is dispkiced or hurt by the integration of the handicapped citizens, I do not want to see the existing resident upset or concernec;, nor do I want to see the handicapped p,:rson looked upon as a second class citizen. Let's treat our handicapped people as we do normal people, please. Thank you, very much. Rev. Gibson: Let me respond... Mayor Ferre: Father? Lev. Gibson: because you and I are tn. the same arena. You know, I started to ask how many of you live in -the City of Miami, gl ou 3 0 i980 Mr. Foreman: Are you asking me that specifically? Rev. Gibson: No, I'm not going to ask. I'm not going to put you on the spot. I started to ask that, but I'm not going to do that. I'm going to be more charitable than that. Then I want to... this one I'm not going to be charitable about have you asked all the other municipalities to bear their fair share? Mr. Foreman: I was... Rev. Gibson: Have they? Mr. Foreman: I have as recently as yesterday I sat in the Dade County zoning meeting where they held up your ordinance as a model and are copying it. Rev. Gibson: I said have you asked the other municipalities, not Dade County. Have -you asked the other municipalities? There are twenty-six others. What part of the load are they carrying? Mr. Foreman: I have been to Opa-Locka. Rev. Gibson: You remember Mr. Mayor, when Rose Gordon was here, Rose Gordon... it was pointed out how all those people lived in other than the City of Miami. Now, you know, one of the reasons these inner cities die is because those of us who are responsible let some of the people with their anxiety and all that other business help to kill the City. Now, I... you know, I want to be charitable. I want to be loving. I want to be a good Pastor, but I also want good living around where I live. Mr. Plummer: Question. How many facilities to your knowledge exist in the City of Coral Gables. Mr. Foreman: At the present time there is one and it's a congregate living facility. Rev. Gibson: One. Mr. Plummer: Alright. How many exist in Miami Shores? Mr. Foreman: As... we made the first attempt and lost at this point to be honest with you. Mr. Plummer: How many live at Bal Harbour? Mr. Foreman: There are none on Miami Beach. We hope to open one up. Mayor Ferre: Ok, well, let me... the point is abundantly clear. Now, let's proceed. Mr. Plummer: No, the point that I'm trying to make is, that you are trying to put these and place these people in their natural surroundings. You can't tell me all of these people in these facilities are poor people. Mayor Ferre: Look, Plummer, obviously, I'm in a minority here. Mr. Plummer: Great. Mayor Ferre: Well, that's why... the reason I'm saying this is because I know we like to hear ourselves talk and I said we, not just you. Ok? And... but we are just wasting a lot of time, ok? We are wasting a lot of time, because it' a very clear situation here. I have happen to concur with the staff's recommendation that this study here is a very carefully done comprehensive study that more than sufficiently addresses the issue and puts all the controls and the constraints so that we are not over burdened.That's just one opinion. Obviously, the three - of you don't concur. Let's get on with this thing. Let's not waste any more time. Mr. Fosmoen: Mr. Mayor, I would like to make two points. It's a year long study and I think if the Commission moves for twenty-five hundred feet, you are throwing the baby out with the wash. The second point and perhaps even more serious is that there is a tendency on the part of State Legislatures to over react when communities in effect preclude or prevent facilities of this nature from coming into their community. Now, I understand we have ninety-one. If you adopt twenty-five hundred feet, we will go back to forty-one eventually. gl 158 00 T �: 0log 80 Mayor Ferre: They are grandfather.ed 9.n. Mr. Plummer: No, they are grandfathered. Mr. Fosmoen: But they close out, Commi.;sioier. They told up. They go away and they... Mr. Plummer: Well, for your information I'-,7 not going for either of the distance feet. Mr.. Fosmoen: Alright. Mr. Plummer: My motion will be that this application be denied and would revert back. That each individual application be brought before this Commission. That's what will happen if both of these things are denied. Mayor Ferre: Well, I'm all against that. Mr. Plummer: Well, I understand you are against me. Mr. Foreman: Mr. Mayor, if I can make a final point, we have two issue. The first is the first amendment right to live and the other is the legislation which is going to require this study to be replicated anyway. The issue of municipal rights versus Slate rights .m, clearly an issue that wc-, had to contend with over the year. The legislature would never order a municl.pality and say that they have to do this in this way. But they have ordered the municipalities to develop a plan which does call. for the equitable integration of handicapped citizens into the community. Your plan does that. Thank you, very much. Mayor Ferre: Alright, gentlemen... whi-re did Mr. Lacasa go? Mr. Lacasa, I will tell ,you, I think we need to move alonj;. I think we all understand the issue. Now, as far as I'm concerned, let m,a not repeat one more time. We went to a great deal of expense, time and effort to do this in a very carefully thought out, studied way. This answers the question. I don't really want to be hearing ninety-one cases a year of everybody wanting a spacial consideration. That's why we went to this so that we could come up with a fortrula that studies the national approach to this thing and it really becomes a ,�acu setter. This is a very, very intelligent carefully thought out, 5:;ientific docar,ent. Now, if we are not going to accept it let's bet on with it. Mr.. Plummer: Well, Mr. Mayor, let me also bring out one other thin; and may be. I'm wrong and if I am I will stand corrected. This is an ordinance, what would happen conceivably, if you will recall in one other instances, if the neighbors came before this Commission and said chat thing is a disaster. What provisions are in this to revoke? Mr. Reid: The... in terms of the... Mr. Plummer: There is that prerogative in a conditional use. Mr.. Reid: I would like to make two comments. Mr. Plummer: I would ask you to answer my question. Mr. Reid: Yes, sir, Mr. Plummer, I will answer your question. Number one, this... Mr. Pluraner: I would ask you to answer my question and then make any comment YOU want. Mr. Reid: I'm going to answer your question. There is a conditional use procedure in this ordinance. Every facility wil have to come before you to get a conditional use. The one thing that it does, it e.,cludes in advance those areas of the City that have more than three percent of the facilities already there and that have a facility within twelve hundred feet, so that many cases that you hear today we will say "no" to in advance because there is too many in the area we are talking about. Now, my comment is... Mr. Plummer: Thank you. Mr. Reid: ,., that this study was done: to balance the community impact between the need and we should recognize that there is a great need for these facilities and we are not simply talking about halfway' uses for juvenile offenders. We are talking about adult congregate living faAlities that older people need. We gl 159 ocr ,o ��o are talking about homes for dependent children. We are talking about homes for people who have mental health problems. So I want to be clear that all these groups are in one definition in terms of the distance of twelve hundred feet. Mayor Ferre: This is a well thought out, restrictive, but livable type of a situation that will call out more than half of the problems we have. Nou., with all the problems we are not going to be aide to call out and we will have to deal with them on a case by case basis. This is a living ordinance that provides that. Number two, we could always change this thing in the future, if it's not working. But I think it's time for us to move along one way or the other. So what's the will of this Commission? Mr. Plummer: Move that the motion be denied. Mayor Ferre: Alright, there is a motion on the floor that Item 6 as presented before this Commission from--- this is the Planning Board, right?--- from the Planning Board be denied. Mr. Plummer: And in making such a motion Mr. Mayor, I don't want anyone going away from this meeting here this evening that says that the City of Miami has in fact put up a stop. We have not. We have reverted by to the ordinance in existence and each one will be handled on it's own individual merit. Mr. Weinstein: I do feel when I walk away that's exactly what is happening. Mayor Ferre: I agree with you. Rev. Gibson: What did you say? Mr. Plummer: Well, you have the right sir, to interpret what you want. Rev. Gibson. What did he say? I didn't hear that. What did you say`! Mr. Weinstein: Exactly what Mr. Plummer says. When I walk out of this room I will feel that we have reverted and we are turning away exactly. Rev. Gibson: You have a right to your feeling, my brother. Mr. Weinstein: And when I'm... if I may make one comment. The City of Miami has the opportunity to do something that few communities in this State can do is doing. And what the Manning Committee has done is a renuirkable job. The State of Florida hasn't come close to what the City of Miami does. The County in Dade hasn't come close to what the City of Miami does. And what you are saying is that the work they put -in, forget about it. So when 1 walk away I feel that Mr. Plummer. Mr. Plummer: You are entitled, sir to feel as you wish. Mayor Ferre: Ok, look, the Chair rule:, that there is a motion on the floor and we get a second in a moment and we will vote. Now, is there a second? Rev. Gibson: Second. Mayor Ferre: Further discussion. Mr. Lacasa, we are about to vote, ok. The motion that was made by Plummer is that this whale thing be rejected in it's entirety. Alright, under discussion. I would once again, just for the last time plead with you not to throw out this whole thin;; which represents a tremendous amount of work and I think a very intelligent and carefully thought out approach to a very complicated problem. Let's have a little bit of... Mr. Plummer: Alright, I will tell you what I will do, alright. I will give them thirty days to convince me further because they haven't convinced me now. I will move that it be deferred. I will give them that opportunity. Tell me I'm not a... Rev. Gibson: I will go along with that. Mayor Ferre: Alright, there is a motion for de:erral on Item 6, call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 6 was introduced by Commissioner Plummer, and seconded by Commissioner Gibson, and was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. e. NOES: None. .. flCT 3 01980 ABSENT: Mr. Carollo. FIRST READING ORDINANCE: CHANGE ZONING OF 676 N. W. 27Td STREET 51. FROM R-4 TO C-4. (SPIKE VON ZAIFT) Mayor Ferre: Alright, now we are on ltam #9, which is an ordinance on first reading. Spike Von Zamft to change the zoning on 676 Northwest 27th Street from R-4 to C-4. Mr. Plummer: Mr. Mayor, let me ask a question. Mayor Ferre: Are there any objectors? Mr. Plummer: May I ask a question, please? Mayor Ferre: Yes, sir. Mr. Plummer: I think I saw the applicant on 14. UNIDENTIFIED SPEAKER: Yes, you did sir. Mr. Plummer: And I'm only bringing that for informational purposes. Mayor Ferre: I feel... I tell you, I'm very sorry about that, but I tried to help 14. The guy wasn't here. So he is just going to have to wait his turn now. Mr. Plummer: Alright, sir, Mayor Ferre: We are on 9. I think it will go quickly. Now, is there any objectors to Item 9? 9 is recommended approval by the Planning Department. The 'Zoning Board recommended approval. ''s there a motic-n? Mr. Plummer: Is this the church? UNIDENTIFIED SPEAKER: No, sir that's 7th Avenue. Mr. Plummer: Oh, 7th. UNIDENTIFIED SPEAKER: You are between 7th Avenue and 1-95. Mr. Plummer: Well, then I have to ask this question Mr. Whipple that it indicates to me'that it is an extension of the C-4? Mr. Whipple: Commissioner Plummer, it is an extension of which the Department concurs with and is part- of the Comprehensive Plan of the City and the entire area will be covered under the new zoning ordinance that we are presently working on.. So we feel that as it's in conformance with the plan, we have no problem with it. Mayor Ferre: Mr. Pluimner moves, Lacas,, seconds, further discussion on Item #9? Call the roll. Read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCF. NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 10 AND 19, BLOCK 2; EDGEWOOD (8-105), BEING 676 NORTHWEST 27TH STREET, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO C-4 (GENERAT. COMDIERCIAL) , AND BY MAKING THE NECESSARY CciANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, 711EREOF, OF REPEALING ALL ORDIN.kNCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. bl O C J 01900 Was introduced by Commissioner Pltunner and seconded by Commissioner Lacasa and passed on its first reading by titlo by the following vote. AYES: Mr. Plummer, Rev. Gibson. Vice Mayor Lacasa and Mayor Ferre NbES: None ABSENT: Mr. Carollo. ABSTAINING: 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. 52. FIRST READING ORDINANCE: CHANGING ZONING OF 600 BISCAYNE BOULE- VARD FROM C-2 AND C-4 TO C-3 (M.F.T. PROPERTIES INC.) Mayor Ferro: Alright, take up item #10, ordinance first reading the Planning Department approves, and the Zoning Department approves seven to zero. Are there any objectors, any objectors? Commissioner.Gibson: Move. Mayor Ferre: Alright, there's a motion on item 010, by Father Gibson Mr. Lacasa seconds item ten, further discussion read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 7 LESS W10' THEREOF AND ALL OF LOTS 8 THRU 14 INCLUSIVE; BLOCK 60N; MIAMI SOUTH HALF 59N AND 60N SUB (1-185), BEING 600 BISCAYNE BOULEVARD, AS FOLLOWS: LOT 14, FROM C-2 (COMMUNITY COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), LOTS 7 THRU 13, FROM C-4 (.GENERAL COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION 1N ARTICLE: III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES CODE SECTIONS, OR PARTS THEREOF;IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded Commissioner Lacasa and passed on its first reading by title by the following vote. AYES: Commissioner Gibson, commissioner Plummer, Vice Mayor Lacasa, Mayor Ferre NO4S: None ABSENT: Commissioner Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Fosmoen: Mr. Fine has something to•say. Mr. Fine: Mr. Mayor, the applicant wishes to voluntarily offer to enter into an agreement with the City, establishing a condition of the rezoning the preservation of the main Freedom Tower portion of the existing building and excepting there from the western press room section of the building. . -162 OCT C 0,,, 0 0 0 Mayor Ferre: Okay, further discu..,sion on item 410? Have we read the ordinance in its entirety? Call .hr. roll. AYES: Mr. Plummer, Rev. Gibson, vice Mayor Lacasa and Mayor Ferre NOES: None ABSENT: Commissioner Carollo ABSTAINING: None A11ENDING ORDINANCE No. 687 -ARTICLE XXI-3 SPD-1- IN COI NECTION WITH ,. t 53. GROUND LEVEL PEDESTRIAN 0':',:N SPACE AND REQUIRED OFF-STRF:rT PARKING FOR RESIDENTIAL DEV"r.LOP:IE. Mayor Ferre: I was just pointed ov:t that we skipped over eight: and there is a person here on eight so we'll take up eight at this time. On first reading Planning Advisory Baorc; recommends seven to zero. There are no... there were no objectors. Are they any objectors present at this time? Alright-, Mr. Whipple you want to say something? Well if there are no objectors present and it was unanimous and is them any problems with this? Mr. Reid: The department recommends it. Mayor Ferre: The department recommends. Any problems'' Commissioner Lacasa: Move. Commissioner Gibson: Second Mayor Ferre: Alright, its been moved by Lacasa and seconded by Gibson. Call the roll. At this time 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. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871,, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY MODIFYING SUB -SECTION (3), SECTION 7, AND SUB -SECTION (1) OF SECTION 13, ARTICLE xXI-3 SPD-1 CENTRAL ISLAND DISTRICT PERTAINING TO GROUND LEVEL PEDESTRIAN OPEN SPACE AND REQUIRED OFF STREET PAR}'ING FOR RESIDENTIAL DEVELOPMENT, AND BY MAKING THE NI:CESzARY CHANGES IN THE 'ZONING DISTRICT MAP MADE A PART OF 'SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN 7,RTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCE!, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CON''AIN.NG A SEVERABILITY CLAUSE. Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson and passed on its first. reading by title by the following vote: AYES: Commissioner Gibson, Commissioner Plummer, Vice Mayor Lacasa and Mayor Ferre NOES: None ABSENT: Commissioner Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion And to the public. OCT O'i�80 163 54. NOGUCHI PLAN- BAYF'RONT PARK Mayor Ferre: Alright, on item eleven there are two people present. Any objectors? Any objectors on item...give me an objector, alright go ahead Janet. Lets hear from the objectors. Mr. Mark My name is Mark , I live at 1925 South Miami Avenue. This is regards to the Noguchi Plan to demolish the library and build an ampitheater on Biscavne Boulevard, where it is and south of it to. I just want to ask you Conunissioners if you owned a building like than, that must be worth atleast three million dollars, would you tear it down to build a ampitheater? Commissioner Plummer: To answer that is easy sir. Mayor Ferre: We already voted on that one. Commissioner Plummer: We voted on that this morning, yes. Mr. Mark _ Well at this stage of the game it's a question of implementing Noguchi Plan, is that the plan? Commissioner'Plummer: Plus the fact sir that, that building is to be JLV-I vv I Q v JJUU db Mr. Mark . Oh yea, well Z realize chat. This a...it• could be used for a lot of good purposes a,-,d I feel !-hat it's just it pure wa.;te of the tax payers money to tear i. down. it's a good building, it's not real old, it could be used for City Hail, a trade center or thu junior college which is right near there, it needs more room, property and they keep building up the building. They could use it very easily and save themselves a lot of money. The la:it time at the Planning Board it was brought out that they ... th,� view of 4he bay would be possibly.=. from Flagler Street it was torn d:)wn and the land would more or less slant toward the bay, well there'll be a lo;: of trees and what ever else if there is an ampitheater that will block she view any how so more or less thows that argument out. The ampitheater can still be built be built in the par): there's plent of room :forth of there or even the Bicentennial Park which is not us•::d. it ju.,t ,,eems a shame to just. pick that one spot, say it's got co be here we'll tear this building down, there's three million or w,l.itover it Ls forget it. :I don't like to forget it. Right now the... this ar.;pitheater that's been there for years they stop using it year:; ago for :-some reason so evidently the public didn't come and right now, the way people stay away from downtown it's good chance they won't come if you build another ampitheater too. as of right now we are building a new canvention all of which could serve the same purpose in a lot cc cases arva it's right near there. Now, until we see how the Convention Hall goes over, I don't think we, should start spending more money tearing down buildings and building something like an ampitheater. the a.. we've got to consider this Miami Beach isn't far away they'v,: got excellent facilities there Convention Hall, and the Theater :)f the Performing Arts and you got to compete against that and it's son -:thing tha-c. I don't believe we should start doing at this time, especially with the Convention Hall going up and you don't know how it's going over. I would like for you to give that good consideration and not t:?ar down the building, thank you. Mayor .Ferre: Ms. Waldman, name ar._1 a,4ress for the record. Ms. Janet Waldman: Janet Waldman. 19)1 Brickell Avenue. First of all I have to let you know that I feel the.-e's a problem with the notice on this item being heard today, bot), th- evening and this morning, I didn't know there was anything being heard -.his morning. This City has a problem with notice... meeting notice requirements. The State requires that items of this nature, items of zoning nature be published in the paper when it's coming up for pulpit hearing. The City has a consistent policy of publishing a small block notice saying that there is a Commission hearing, but it doesn't sty what the Commission is going, to be talking about and what the Corunis;ion is going to be listening to. Mayor Ferre: Janet lets take one:... at leat one at a time. You've heard this objection.... Mr. Fosmoen: It'4s not a coning orde,, Mr. Mayor, it's a recommendation from the PAB Planning Advisory Loari which is required to approve Park design changes. U OCT C 1�oC Mayor Fe.rre: Alright, you're not a lawyer. Will the City Attorney tell us whether or not Ms.Waldman legal objection is valid or not-? Mr. Terry Percy: She aluded to an item that was heard today by the Commission, Mr. Mayor, I haven't had a chance at that agenda.I don't know what transpired this morning. Mayor Ferre: Alright, we're on item eleven and the question is, can we legally hear this at this point? Meaning are we complying with the law? She says this has not been properly noticed in the newspaper. Mr. Terry Percv: Okay. Mr. MLinor, T Am not rawArp of Anv riannrt::ra from our routine notice requirements as per our City code, that's a factual question and I am not the person to ask that. I'll ask the staff, Mr. Perez whether or not if there's been a departure from our routine notice requirements. I don't beliive there has been. Mr. Perez: For this type of item there hasn't been any departure from the normal. Mr,_T,rrs_2e=v: Therefore. I would conclude Mr. Mavor, that this item is properly before this Commission. ,ts. Walden: Mr. Mayor, my point is not there has been a departure from the routine, but rather that the routine is departure from for what is required by the Florida Statues. Further, alright I'll let him answer. Mayor Ferre: Mr. City Attorney, the point that Ms. Walden is making is that it is not that this is departure from our standards, but that the City standards is a departure from the State law. Mr. Ter-.y Percy: Okay, the City standards but you see the State law in power the City to enact zoning regulations and to set up a prescribe procedure by which these matters are heard, and we have adopted ordiances in our City Code that's establishing this, pursuant to the state authority, and what: Mr. Perez has just indicated is that that procedure which has been established by this Commission and through ordinance has been complied with. Its. Waldman: *iy interpretation differ from that of the Assistant City Attorney and I recoenize we are at an impasse on that, but I'll Just point out two things to this commission, first of all, I'll remind the Commission or ask theta in the future if they haven't done so in the pas. when you're reading the newspaper to take a look at what the County does. The County publishers long list regularily of each and every zoning item that it's hearing. This City does not do that, the people are not aware of what the Commission is going to be talking about. The second point that I will bring to you're attention is that this is an item of interest to every citizen in the City of Miami and many of the citizens of the other munici- palities and unincorporated Dade County. I happen to be here on another item and that's why I am able to speak today, I would venture to say that there aren't a hundred people in the City of Miami who knows that this item was going to be heard today, and the point is number one that there is a disagreement legally as to whether there's been compliance with the Floridan Statutes and number two. assumine for arstument that it has been met it's still hasn't met the intent and the purpose. People just don't know and they aren't here to talk about, further I haven't seen any pre- sentation of this plan, the plan has been designated as the preliminary plan that was presented in June, I believe that it was reasonable to assume that the preliminary plan would be followed by a final plan. The people just what is going to be considered today, and they don't know that that is going to be considered today. My substantive arguments I will make very briefly, I believe that this plan while attractive at sove respects not sensitive to the public's access and view to the waterfront. I believe that it's a beautiful plan in many ways, but not for this park. I believe that there are also some legal problems which Marilyn Reed had called to my attention as far as the funding goes, and possibly some other aspects. I've been on the phone trying to reach her, she's not at home. I would ask that if the very least this item could be deferred and that it be properly advertised not only ino,�n lance with the way the City has OCT 3o mo dh been doing it, so that the people know what's going on, and that a pre- sentation be made, thank ,you. Mr. Terry Percy: Mr. Mayor, this item wa:, heard before the Planning Advisory Boara Public hearing on Se.ptemrar 17 of this year, again notice as per Chapter 62-25 of the City Code, as was this hearing. Mayor Ferre: Alright sir. The City Attorney has ruled that this is legally before us, we are riot in a hint..s. This City Commission has always been guided by the City Attor,.ey's ruling on these ritatter. As I said earlier today in eleven years that I ;lave sat either in this chair or that chair as a member of the City Commission, I do not once remember the City Commission ever overruling a legal opinion of the person that sits in that particular chair, which is the City Attorney's chair. So, I don't think that legal aslect of this are any lonF;er in question from our view point. Now, the substantive to the mutter is something that this Commission has deal: with on numerous ocassions at least four or five, the latest of which was this morning. Not., this matter I do not think is over by a long shot, I think we've got- a long, long way to go before that, that ,.ver be...:ao called Noguchi Plan ever becomes a reality. : do thin:., Janet that you've got a very valid point about the difference in the way w,� advertise and the way the County advertises, I do feel th-t and I happon to agree with Janet. What? Mr. Fosmoen: It's expensive. Mayor Ferre: It's expensive, I know it's expensive, but I thin% there is a very valid point about the public',, right to know. I knov, we're... See we are complying with the law and t:iat's what the City Attorney says, I have to believe what the City Attorney tells me, becauze that's the way we wo:- around here, but I happ2n to agree with you on the logic of what you're saying. so if it :is legal, I think what you are saying is a reasonable point, okay. Aral that's something I thin; we should address maybe if not today, certainly we should address it in the near future. Yes sir. Mr. Lacasa: I wonder why the Miami Herald that is always so Prompt to protect the public interest a)esn't give the City courtesy of publiching the whole inforn.ation foi free, instead of trying to make a buck on us? Mayor Ferre: Lot's of luck. Yes sir you wanted to make a ... are you through Ms. Waldman, at this poinx. Ms. Walden: Well I would say that the very large applicants fees that the applicants pay in most caL_es should of advertising and should be minimus Vicen considered as part of it, Mayor Ferre: I agree with that too. Ms. Walden: And, I would ask that even though the City Assistant City Attorney has ruled that this legally before you, that you do as a matter of courtesy to th,: public differ it and specify in that deferral that there be specific public notice of this item. Mayor Ferre; Alright sir you wanted to address the Commission, Mr. Sam Poole: My name is Sam Poole, live at 2821 Cocochee Street and I am also hoar on another matter a:,d I also have much to say in concerns that the lady just mi:ntioned about the Noguchi Plan, and I am also surprise to find out about it :,n the agenda tonight when I arrived here. I ... my concerns primari..y are that it doers not, as I understand it treat the bay, zhe water.:ront of Miami and the way that I think it is appropriate for the City. I haven't seen the presenta- tion, but I would like a fuller explan-tion to be: presented before I could feel comfortable with saying yes or no to the proposed plan. 1.67 0CT 101 00 Mayor Ferre: Alright aix y other a... Ms. Jean Dolan: My name is Jean Dolan, I live at 10.01 Espanola Avenue, and I am here on another issue tonight•, but again .I am surprise; to see this on the agenda and I am only speaking out, because we have the word approved in here, and I think there are many people who are going to be concerned about this issue and would be here to speak on it. I have seen the plan, I object to it, I think that my only experience with the Bicentennial which I came to the Commission's hearings on and a great deal of money was spent on that peopleless park was when 1 went into the park and there wasn't a soul there except three men breaking in with tire irons to the pay phones, and I had to get back on my boat, and call the harbor TL%trol. We also had a problem when we went down to simply cross bayfront park to get out of there, so you have a problem. You have number one crime problem before you even talk about a design for the park. so, I object to two things, number one we have facilities that become obsolete and we still have peopleless parks and we have a great park here in the Grove that people enjoy. It doesn't have very tacky little stands selling items to the public or food or anything else, it's just a wonderful place for people .to go and I hope we can do something like that with the park downtown, thank you. Mayor Ferre: On the record. I just want to say that I completely dis- agree with what you just said. Anything else? Is there further dis- cussion? What's the will of this Commission? Commissioner Lacasa: I move an approval, Mr. Mayor. Mayor Ferre: Alright there's a motion on approval of item eleven, seconded by Father Gibson further discussion call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION # 80-789 A RESOLUTION RECOMMENDING APPROVAL IN CONCEPT OF THE PROPOSED PLAN FOR BAYFRONT PARK BETWEEN CHOPIN PLAZA AND APPROXIMATELY NORTHEAST SECOND STREET, EAST OF BISCAYNE BOULEVARD PRESENTED, AND DESIGNATED AS THE PRELIMINARY NOGUCHI PLAN (JUNE 16, 1980) SUBJECT TO SUBMISSION OF A SITE AND DEVELOPMENT PLAN IN CONFOR- MITY WITH ARTICLE XVIII-1 SECTION A (1) OF THE COMPREHENSIVE ORDINANCE NO. 6871; ZONED P-R (PUBLIC PARK AND RECREATIONAL USE) DISTRICT. Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Gibson, Commissioner Plummer, vice Mayor Lacasa, and Mayor Ferre NOES: None ABSENT: Commissioner Carollo ON ROLL CALL Mayor Ferre: I am not going to bore you with my long speech that I made this morning and that I made...I guess I made about four or five times, but I'll just give you a thumb nail capsule of it. The City of Miami... let's see how can I do that in a minute ... most great cities in the world whether it's Paris or London or what have you, New York, Chicago have centers, those centers are usually... those focal points are usually built upon the ashes or the foundations of others, Saint Patrick's Cathedral, I guess is a good case of point and so on. The reason why they've become focal points is because they happen to be in the center of that world. The center of our world is downtown Miami. The center of downtown Miami is the intersection of Biscayne Boulevard and Flagler Street. For this City to not now because it won't happen now, but twenty years from now, try to achieve a world status which I think we all want 168 oC�' 01000 N. . as a major Metropolitan area, it must have: a focal point. Whether it be the Eiffer Tower or the Arch Dc Triomph for what(2'ver.....or. whatever you want to call it. Noguchi, now that Pi•.'..asso is gone, Noguchi is the greatest living, artist, an-ll now that C_ilder is gone. Noguchi is an old man, he won't be around that much longer, he picks the projects he wishes to do. We picked him, i)ut he also picked us, and this a project ,ahici I think is going to do a tot of very important things for this community. It is time for us :o have the vision of becoming a major Metropolitan area, it is time for us to hove the courage to take artist like Noguchi and put them on t'-ie map like Xiami... like other cities have done. Detroit did that. Detroit did its Renaissance Center. The most important thing that' s happen.-• in Detroi" is not a building called Renaissance Center, but the par- next to it. The part: happened to have been done also by Noguchi. that pack cost thirty five million dollars. Unfortunately we don't have ti^:Lt kind of Money, but the point is that it became a major center for that area, wi.thout,getting into it any further, based on all those reasons, I. vote yes. 55. AUTHORIZING DE%�c,LOP:;:::NT ORDER-NASi;-_'< PLAZA PRO,=T Mayor Ferre: We're: now on item number twelve. Twelve A, okay. This is Masher Plaza, the City ,Manager recommended, it was previously d0ferred. Mr. Traurig, on item twelve A, it's my understanding that you have on several ocasion: mct, you and your client with Mr. Dan Paul, who is one of the obiec;tors or I guess the mair. objector to your application and at this point all of the request that Mr. Paul had made have begin satis- fied. Mr. Traurig: Yes, I'd like to .for the benefit of the Commission to explain that Mr. Paul made a suggestion for which we arc grateful which was that we•add to the public's benefits by creating Promenade from Brickell Avenue to the bay, to link up with the bay walk. Mayor Ferre:. How wide is the Promenade? Mr. Traurig: Forty eight feet. The Promenade is forty eight feet on our property. The church has to consented the creation of the meeting along its southern boundary, you can add to this so that we have forty eight feet plus their seventeen feet, and we're going to landscape their easement area as wellas ours to the bay, and we've agreed to landscape their bay walk way so that that would create another link in the Bayfront walk way system. So that now in addition to the baywalk we have an access front Brickell Avenue to the bay along our north boundary and the seventeen feet of the church, And actually, I would like to read into the record and to give to you... Mayor Ferre: What you're volunteering? Mr. Traurig: ....the letter from the church to acknowledge that they have agreed with Lis and this is signed by Pastor Paul P. McVicky. It says we're delighted with the ,proposal submitted by Nasher and have given our enthusiastic: support for the plan. The action will. be satisfied to the board meeting on the first part of November. They haven't taken formal board action, but this is the response of the church. So we have agreed to do that in addition to all the other agreements that we've previously... Mayor Ferre: As I understand Al, you have contracted with Sazaki Associates. Mr. Traurig: In addition to the creation of this path way system we have 169 0CT J 01�30 agreed that the detail landscape plan will be done by Sazaki and Associates, we've also agreed to develop a canopy system on the top of our garage will be in blues and greens to pick up the waters of the bay and be a visual buffer between the people. and the upper stories of the Four Ambassadors and these office buildii;gs and the garage itself. Mayor Ferre: Counsellor i just wantt to tell you on the record how very impressed I am that you volunteered all of these improvements and I just wanted... Mr. Traurig . Thank you Mr. Mayor, we had some encouragement from others. Mayor Ferre: Alright is there a motion on item 12 A? You won't object? Alright any objectors that want to talk? Ms. Walden. MG, Janet Waldman: Jane Waldman, 1901 Brickell Avenue. I too am very impressed with the changes that have been made in this plan, since its original presentation with a zero foot setback from the water, to bringing it into compliance with the fifty foot setback. And I would like to add that Mr. Bill Morris from the Nasher Company met with me along with some of his other associates, and discussed a number of the items and I think that all in all it's a very good plan, and I would only ask that you put one contingency on it in addition, which they are trying to accomplish anyway and by your adding this contingency, I think it will help to accomplish that which the Nasher Corporation or Company wants to accomplish anyway. Mayor Ferre: Okay, Janet tell us what's your friendly recommendation? Ms. Waldman: That is a redesigning of their drive-in teller facility which I was given a sketch of how it could be done so that the drive in teller facility would not invade into the fifty foot baywalk, so that the entire fifty foot baywalk would be devoted to public access. This would meet the intent of the ordinance completely and since it is some- thing that they have come up with a contingency plan which they are try- ing to accomplish, I don't think that the applicant would object to your making that a contingency of the approval. Mayor Ferre: Bob were you aware of this? Mr. Traurig: if you recall.,.yes we are aware that Janet has that concern. If you recall Flagship Bank has within its lease the right to maintain these drive in windows. We intend to discuss with them whether or not we can accomplish what Janet is suggesting, we don't want to make it a condition of any resolution, but we give you our commitment to see if we can work that out. Mayor Ferre: Alright, lets do it this way. If you can not work it out would you call Janet and would you come back with that item here for discussion at that time? Now, I know that there is no way that we can reverse what we've already approved legally, but the moral pressure will be on you to work it out. Mr. Traurig: I like the Commission though what she's saying. We, have set back fifty feet from the bay. She's saying that a portion of that fifty feet in a very, very, small and the southern end of it is used as drive way, she wants us to get rid of the drive way over that small portion. It's a rather onerous assignment, we're going to try it, but we don't want have any a consequence if it doesn't succeed. Mayor Ferre: Yea, Janet, Okay, Janet, I just want to tell you with all due respects,Ireally think that these people have gone way out of their way and I know that they've been as he said encouraged by circumstances and by different individuals to go this far, and I know exactly what you mean about that curved area, but I think thatwe should take in this � particular case their word, they would try the best that they can, and f I would not press it beyond -that personally. That's just one man's opinion. Ms.Waldman: Well I was...I only raised the issue because number one, I I� OCT 3 01�80 Ah feel that because it is at the access point of the L-aywalk it is so im- portant, but I emphasized that to you all previously, and 1 won't dwell on it. I have always felt that it was po�,siblr_ to redusi.gn the drive-in teller facility in order to remove any of those drivoways from it, without adversely affecting that facility and consistent with my belief their transportation or traffic engineers have come up with this plan which they presented to me that -it is conceiveable, and I'll call your attention to it which I am showing you here. This; is a sketch of the plan that they say is feasible and the only thing really holding them back is the approval of the bank, and I 'm just suggesting that by the City Commission making it a condition that that will encourage the bank to be good citizens of the City, and cooperate and agree to iL. Mr. Traurig: I think our position is known and we think you Mr. Mayor. Mayor Ferre: Alright, further action or discussion? Commissioner Plurmner: And I want to say Janet, I wouldn't think any less of you if you didn't push to the full inth degrute. Ms.Waldman: I'll remember that next timo Mr. Plun-ner, Mayor Ferre: Okay, what's the will of this Commission? Commissioner Lacasa: ;loved, Mayor Ferre: Motion by Mr. Lacasa for approval of item twelve A. Is there a second? Mayor Ferre: Seconded by Plummer. Is that what that means? Commissioner Plummer: Either that or I want to go to the bathroom. Mayor Ferre: lurther discussion. Call the roll please, The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-790 A RESOLUTION CONCERNING THE HASHER PLAZA PROJECT, A DEVELOPMENT OF REGIONAL IMi'ACT LOCATED ON BRICKELL AVENUE BETWEEN APPROXI- MATELY SE 7TH AND SE 8TH STREETS, MIAMI, FLORIDA, AUTHORIVING ISSUANCE OF A DEVELOPMENT ORDER FOR SAID PROJECT APPROVING SAID PROJECT WITH MODIFICATIONS, AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE PLANNING ADVISORY BOARD OF THE C11 `11 MIAMI, AS REQUIRED BY THE CITY OF MIAMI ORDINANCE 8296, AND A. ..R CONDUCTING A PUBLIC HEARING AS REQUIRED BY SEC'1'LON 380.06 FLORIDA STACU'i'ES, SAID APPROVAL AND AUTHORIZATION SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "B" AND THE APPLICATION FOR DEVELOPMENT APPROVAL: FURTHER DIRECTING THE CITY CLERK TO SEND THE HEREIN RESOLUTION AND SAID DEVELOPMENT ORDER TO AFFECTED AGENCIES, AND TO THE DEVELOPER. Upon being seconded by Commissioner Plummer, the resolution was passed And adopted by the following vote. AYES: Commissioner Gibson, Commissioner Plummer, Commissioner Lacasa Mayor Ferre NOES: None ABSENT: Commissioner Carollo i JL ti h 0 0 T ;;C' 11 �30 r'�, Mayor Ferre: Take up item twelve 6, Is there a motion Commissioner Plummer: It's pare and parcel Mayor Ferre: Moved by Plummer. Is there a second. Seconded by Lacasa, further discussion on item twelve call the roil. The following resolution was introduced by Commissioner Plummer, who moved its addoption: RESOLUTION NO. 80-791 A RESOLUTION MODIFYING THE REQUIREMENTS, AS SET FORTH IN SECTION 3 (4) (b) OF THE CI'i V 0-7 IMIAM1 CHARTER, CHAPTER 10847, SPECLAL ACTS, LAIdS OF FLORIDA 1925, AS AMENDED, TO PERMIT CONSTRUCTION OF A DEVELOPMENT OF REGIONAL, I?fPAC;' (NASHcR PLAZA) ON ALL OF LOTS 3 &4 AND A PORTION OF LOT 5, BLOCK 1035; BRICKELL ADD AME (B-113) PlUIT OF 'LOT 1, J. AUSTIN HALL LOT 1 PLAT (4-69); TRACT "A", FLAGSHIP SUB (108-100) AND ALL UNPLATTED LAND LYING S'LY OF THE E'LY EXTENSION OF THE N'LY R-O-W LINE OF S.E. 8T11 STREET, E'LY OF THE UNPLATTED SHORE- LINR, AND W'LY OF THE DADE COUNTY BULKHEAD LINE (AS SILO' '' IN PB 74 , PAGE 3) (US HARBOR LINE) , LESS THE PGRTIGN OF SUBMERGED LAND AS SHOWN IN FILE (METES & BOUNDS DESCRIPTION OF LEGAL DESCRIPTION ABOVE IS TO BE FOUND ON SURVEY 1N FILE); AS PER SITE PLAN ON FILE, WITH A PROPOSED 12Z AVL•RAGE SIDE YARDS BASED oN AVERAGE SIDE YARDS BASED ON AVEI?AGE LOT WIDTA (25% REQUIRED) AND 0.0' SETBACK FROM SEAWALL AT THE POINT OF LEAST DEPTH (50' REQUIRED) MODIFIED PLANS RECEIVED AND STAMPED BY THE PLANNING DEPARTMENT SEPTEMBER 5, 1980, SHOWS 15' SETBACK AT THE POINT OF LEAST DEPTH FROM SEAWALL); SUBJECT TO PERPETUAL EASEMENT OF THE WATER- FRONT FOR PUBLIC USE, LANDSCAPING AND WATERFRONT ORIENTATION APPROVAL BY THE PI,ANNIND DEPARTMENT, COM- PLIANCE WITH METRO DOTT'S RECOMMENDATIONS AND THAT ALL BE COMPLIED WITH BEFORE ISSUANCE OF A BUILDING PERMIT; ZONED R-C-1 (RESIDENTIAL -OFFICE COMMERCIAL), SUBJECT TO THE FOLLOWING CONDITION: THAT ALL RETAIL SPACE ALONG THE BAYFRONT BE ORIENTED TOWARDS THE BAY WITH STAIRS AND BOARDWALKS. Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Gibson, Commissioner Plummer, Vice Mayor Lacasa, Mayor Ferre NOES: None "SENT: Commissioner Carollo ON ROLL CALL: Mayor Ferre: Before I vote, I recognize Janet, go ahead, Me,WAIAman: It is my understanding that they met the requirements of the City Charter. I would like it explained exactly ho-,J they're now not needing the City Charter. It was my understanding that these modif.i- �.72 00 10 1198O cations brought it into compliance, so I would like an explanation of this item. Mayor Ferre: Mr. Reid. Mr.Traiiri.a: I would be happy to .hake an explanation. We met the fifty foot setback, we didn't make tta view corridor, but because the view corridor provides for modifications if thi:re are some other public bene- fits we have created a package of public -oanefits, which we think are acceptable to the City. :4s.Waldman: What percentage o1 view corridor have you provided? Mr. Reid: Forty eight feet. Sixty five feet it's fourteen per- cent, at the ninety three feet it's twenty percent. Ms.Waldman: I won't object on that. Mayor Ferre: And what happen:i Janet is that as you squeeze it in, you know the buildings really gets bad. 11s.Waldman: I understand. I (:on't object to that. Mayor Ferre: Call the roll. oh, I am the last one, I vote yes. CHILDREN'S GAF.DFN 1523 a Mayor Ferre: Okay thirteen. sake up item thirteen. Application by Children's Garden Inc. :Tannin ; department recommended approval of increase in the number of children from twenty to thirty five. Zoning Board recommended approval sip; to zero, there were no objectors. Are there any objectors present? Is there a motion? Moved by Lacasa seconded by ... thirteen this is Children':, Garden Inc, from twenty to thirty five children. You've got childro n Plummer? Commissioner Plummer: Sure I've not chi.;dren. I don't have thirty five and I haven't got twenty, but it se,,ms that way. To the department this is the application of Children's Garden Inc., I assume which is a private organization of non profit. How does this affect other appli- cations, in other words are we changing the ordinance or are we voting on just this individual application? Mr. Fosmoen: It's just a variance. Mr. Vhipple: Mr. Plummer this was previously approved for a lessor number of children. We, are increasing the number of children at the facility. Commissioner Gibson: I think... And one of the reasons they have this problem- is tht City took five feet from them. Was it something like that? Mayor Ferre: Yeah. Commissioner Gibson: Is that what that is? Mr. Whipple: Well perhaps the applicants could speak to that, but under re-evaluation at this paint and time and in comparison to our current standards we have no ;1roblem with the increase in the number of children on the situ. The••e's no construction taking place, they've met all the other conditions Zor this type of facility and we see no Ito 0C I 21i01980 problem with it. Commissioner Plummer: Okay, the only problem I have with the neighborhood, Dick is the streets in that neighborhood now are very, very narrow. They have parking on both sides, they have turned those atreets into one way streets okay, now I don't know how many of these children are transported in vans, which would be maybe three vans or four, I will move for approval subject to a one year review. That's a motion Mr. Mayor. Mayor Ferre: Okay we have a motion by Plummier. Seconded, Further discus- sion. Mr.Roberto Consio: I would like to say something, my name is Roberto Consio with ottices... I am an attorney with offices of 1040 S.W. 1st Street and I represent the applicant. Now the only reason why the.., originally the number was not thirty five was because prior people who ran the place and lived there, and they had facilities for thirty five children. Now when they moved out that. created extra space, and they a... you know that gave way.,. I have a letter from HRS and every- thing saying that there will. be no problem. They find it perfectly al- right. Mayor Ferre: Well he's not ... nobody saying anything against it, we're going to vote for it, what's your problem? Mr. Consio: , No I,., I was just worried about having to come back here next year and going through the whole Mayor Ferre: Yea, we'll see you next year. Call the roll. The Following resolution was introduced by Conuni.ssioner Plummer who moved its adoption: RESOLUTION NO. 80-792 A RESOLUTION AMENDING RESOLUTION NO. 37384 ld111CH GRANTED A VARIe1NCE FROM ORDINANCE 6871, ARTICLE VIII, SECTION 3(2) (c) AT 1523 A11D 1529 SOUTHWEST THIRD STREET, AMENDING THE CONDITIONS THEFYTO AS FOLLOWS: Tli4T THE NUbfIER OF CHILDBEIN TO BE RE- GULATED BY THE STAT'6 WLi,FtARE BOARD IS NOT TO EXCEED 35 PER LCT, SUBJLCT TO A ONE YEAR REVIEW. Upon being seconded by Commissioner. Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Gibson, Commissioner Plummer, Vice Mayor Lacasa, Mayor Ferre NOES: None ABSENT,. Connnissioner Carollo 5a P.U.N.- 1715 Tigertail Mayor Ferre; Take up item fourteen. Charles R. Adams. Is Mr, Adams here? Mr. Fosmoen: Mr Mayor, the.staff -is previously made a presentation on this the basic question... you can build three units under either cir- cumstance. The basic question is whether you approve a PUN or not, Mayor Ferre; Alright, Mr. Adams. 174 U /� r�T �� t: db Mr. Adams: Good evening Mr. K,y:)r and Gom:aissioners. We'd like to first. ask to be excused for our not being here when you were willing; to take us of order. We weren't aware of that procedure and we also ap pologite to all of our friendly opponents in the audience for naving to oea? itn us a little bit longer, I'm accompanied here by my wife Wendy and our architect Bob Altman we're here _oniaht to ask you for an alpprova,J of an , planned unit nature, which consists of three detacnea single: tauuly rusluences, but before going into the details of the projects itself, I would like to briefly summarize for you the events that have taken places since 1978, that have let up to this meeting. tonight. We purchased this property in 1978 after carefully reviewing the zoning requirements of the master plan as it existed at that time. We hired consultants and were advised by them that our property was large enough to permit a replat from three lots which would require no variances of whatsoever. We presented a tentative replat to the Planninf Department and at that time we were advised by them that they felt that it -.,ould be in everyones interest to persue a planned unit nature, and I'm goi.ig to give you some of the reasons that were given to us by those people at :hat time. It would improve the planning possibilities, it would allow u, to preserve all of the major trecis on the site some of which arc probably in excess of an hundred years old, it would allow us the freedom of l.ocatir, houses in such a way that tney wuuld more consistent with the site and tin, character of that area of. the Grove which neighbors. us. We agreed .o accept this recommendation from the people in Planning, even though we fu]i that it would cause us some considerable delay and additional expense, b.`e felt that that delay was well worth the benefits that could be achioved by the plan unit nature. Now the rendering and the plans that yo.i sec before you are the result of many months of hard work on the park of our architect, ourselves, and a with a great deal of coordination b,­wt::en ourselves and the Planning Department. You'll note that we've got a fi.^.� highlights of the project that wu'd like you to take note of: one is tl-,,o these houses are all. two bedroom houses. They're aimed at young profes:,:onals, or couples with no children or possi- bly one child, The lot covert,;,,,_ of these houses is somewhere in the ,.,ec1n1.r.v of 15% . There are p,Irking gara�.es for each residence treat will allow two cars, plus there is (.:t,..off street parking which is considerably more than that. We've retainer, all the trees that are currently on the site. We've taken no architec,,,ral or artistic liscenses in the pre- sentation that we've made here, all of these trees are drawned to scale, We have some outdoor fountain:, and some small pools that are primarily intended as a landscaping devic-. and they really will not accomodate a lot of people for swimming puy-,,uses. You're undoubtly tonight after I yield going to hear a long line of people who are in opposition of this project, but if you listen carefully, I think what you'll hear is that the objection or the single largest objection that these neighbors have is that they are in opposition to the density that we're presenting here with the P.U.N. We've spoken Lo these people individually, we've made several attempts of getting together with them, we've failed for a number of different reason, but their principal objection is that they don't want three houses on this property and that in my opinion is a challenge of the master plan, it has nothing to do with whether a P.U.N. is ap- proved or not. We can get throe lots on a replat with no variances, Mayor F'erre: In other words that you're saying is that if you cut down all the trees,., Mr, Adams: We would be forced to,,,we've got a plat here that our surveyor and architect work out,,.worked out that will provide all of the legal.,, will answer all of the legal requirements for a replat, We've also taken survey of the properties that are within three hundred and seventy five feet of our proposed project. Now there are forty nine properties in that radius of that forty nin4 there are. ..get my numbers right, but there are sixteen properties that have equal or less square footage than the three residences that we are proposing here, that's one third, of those sixteen there are seven.that are within approximatley a hundred and fifty feet of our property, so t.hc density arguement even though it's irrelevant to what we're proposing; here still doesn't hold water. Now we are also aware that if we are forced to proceed with a replat that the Pulbic Works Department, I think it is requires a dedication of ten feet J"J5 put' db foe a right of way on T igertail we will o;: course vu:untari.ly dedicated that ten feet should the Commissioners decide to okay the P.U.N. Mayor Ferre: Okay, let hear from the objectors': Mr, James Cain: Mr. Mayor my name is .fames Cain. I .Live at 3305 S.W. 17th Avenue that's approximately four hundred feet from the subject property. This is the third public hearini; on this specific project. We've heard a number of argument from the applicants, but the fact remains the applicants here arc asking for something from this Commis- sion that is in within the power of the Commission to grant or deny. Now, the argynent is always made that they can do what they want to do legally anyway without asking anyunes permission, so they are really trying to do what legally permissable in a bettai• way. That's the argument as always;, however, the replat that they have right here this is a hundred foot in width, the lot is a hundred ;:oot width, the ordinance requires if it's to be even a private road a minimum of a tw,�v,cy five foot right of way for even a private road. There is a requirement for a...that all houses must be constructed on public •goad again without the discretionary grant of approval by the Commission, so if they don't need permission now on the P.U.N. they need permission anyway if theyy want to come with the replat, because this road as anyone can see is not twenty five feet wide on a scale, its not. one quarter or the width of .this property at this point. The fact remains beyond anything th.� applicants may say about the beauty of plan and the preservation, of trees that. they want to construct three large houses on a single lot. This lot by itself is not much larger than the average lot in the area, t-ie average lot on which there is development in the entire area is approximately fifteen thousand square feet, that's not as platted, that is as u:;ed. When yuu take away green Oil their plan whit; are the trees that over hang the property the fact is that they're go:riL to fill this lot from border to border with building and with development. I'd like for you to look for .just a minute tit this version of their plan which doesn't have t:he green but perhaps you can see more in detail what they're doing. This is on a scale of one eighth to one foot, th_ e is pavement on here to within two feet of the property .line on two sides. This road way is within two feet of the property line directly on the east of hers. On a scale analysis of this drawing they will be four feet from the south love lint., two feet from the weat lot line, two feet from the east lot line and one foot from the north lot line with patios and pools and houses. The house itself will Meet within eight foot of the south lot line, within eight foot w,at .lot line and within two feet of the driveway. The driveway that they proposed on theli- plan is exactly ten foot iqide. Noi, that means if... with these three houses there Lhere is any sort of traffic, any sort of visitors whatsoever there's simply... it simply wouldn't work effectively. They simply want to take an area and increase: the density by more than double the average density in the area. The reason teat all of these people are here is not because thev want three where they should have two houses, the reason is because they are no P.U.N.'s whatsoever i:i the entire area of the Grove, north of 22nd Avenue, there are ri.<;ht on 22nd Avunuo, but in the entire area 22nd Avenue, north on up to ii.;y Heights there nre no P.U.N.'s Ther've been a number of them south , ther've been applications for P.U.N.'s in this area., but they'vo been turned down each time by the Zoning Board, or by the Commission, but the first time that one of them is granted there is a large piece of property directly across the street, with an old house. The first- time one is granted there then there will be eight units directly across the i.;treet, there'll be applications after applica- tion deciding this oresedont and the entire chaxacter of this area which is a tremendously value asset to the entire City of Miami will be None. Mayor Ferrel: Okay. ` Commissioner Plummer: That's not a correct statement sir. Sir, I think you made an incorrect statement and I'm sure... Mayor Ferre: What's that Plummer? Commissioner Plummer: You said there was no P.U.N. where? OCT '01980 db 0 Mr. James Cain: There is no P.U.A. except right off the 22nd Avenue North S.W. 22nd Avenue, north up through Bay Heights. There are some right at the corner of micai•.opy and 22nd Avenue, but none from that.... none that do not border on 22nd /.venue up through the north end of the Grove. Mayor Ferre: Alright, next spealler. Mr. Harry Taylor: My name is Harry Taylor and I live at 2035 Tigertail. I am a director of Tigertail Association and we're very much opposed to this. I had planned to start of with a different: tangent, but I would like to begin by saying that I think both tite applicant and the Planning Department have made some errors in what they have said. The applicant has told you that he had hired a+,nsultants and so forth and determined that this property could be divided without variance into three building lots. The Planning Department h.is more or less said the same thing, he had feels that plan unit development would be better for the area, The question I have is or the statement I want to make is that last year at this time the applicant appli.!d for variances to prevent the erection of three: houses on three lots in this area and there were two hearings scheduled on that matter, both w.•re deferred at the applicants request and later he withdrew and resubmitted asking for planned unit development, put the interesting thing as far as _he Plann•in; Department is they ha,i put their comment in the file at the time that lie requested variances for the subdivision of the three lots ant here is :,hat they said at that time. There is no hardship which justifies the granting of these variances, the variances which the applicants has said were not necessary. To much is being squeezed into this site. ThJs is evidence by the fact that two of the proposed .lots just bearly rieet the minimum area require- ment of six thousand square feet , and that will only be if the variances are granted.' Three lots will b-_ over cro%:,ding this site and would be harmful to the neighborhood particularily since the proposed lot two, is filled with trees which will have. to be cut down in order to construct a house on the lot. The Pl.annin', Department went on to say instead of trying to subdivide this site into three parcels, it should be subdivided into two, no var.L--nce would be T`quired to do this and the result would allow reasonable development, the trees in the center of the site could be saved. This evening we heart the Planning Department say that this property could be developed wit! three ... by subdividing or by replatting into three lots. What I can't tnderstand, what I don't they understand is that there's no guarantee if ycu turn down planned development this man will will actually subdivide into three lots if he does he will have minimal development on each ono of them, and it's much more likely that he would go for the two,lots which will thing him a greater gain economical, and that's is what he...I believe hc• is after. The other thing that I. think the Planning Department is over looked has already been brought up. They have recommended planned development on this site and you know and I know and we all know that if it's approved the line will fount on the left. You'll have them in, you'll have developers in from here and there and around attempting to put together two lots, three lots here and change the character of this area whic'.i incidently is one of the most desirable in the whole City, and I think .hat is properly true and by the fact that... I know my tax assessment this year went up a hundred and thirty five per- cercent and my neighbors, all or whom are here have the same thing. We are paying a high price to live in the area that we are living in and I think we are entitled to see it preserved intact and not have this first domino fall, and the area deteriorated instead of maintaining it's attraction that it's got. I'll terminate it with that, thank you sir. Mayor Terre: Are there any other speakers? Alright sir. Dr. L.M. Ontero: Mr. Mayer, members of the council, I am Dr. L.M. Ontero and our property is adjacent to the development which of course makes us very interested in the outcome of this hearing. The developer pointed it out and it's rightly so that the question'really is a question...the question is density, and if the ... it's difficult to see how they're going to put three .structures and three swimming pool on an area has restricted... as the ar-2a has been illustrated here tonight. This 1077 db development is going to definatel.y change the character :,f the neighborhood and set a presedent for more changes, this is been discussad by others here. The changes certainly is going to bar detrimental and the development is going to destroy actually the characteristics of the area, and it's be- cause of the characteristics of the area that many of us acquired property. Mayor Terre: Thank you doctor and to the other speakers, ladies and gentlemen, I don't mean to be overbearing or abusive, I try to be as leanient as I can, but It's late and when people start to repeating the same tieing over and over again whether one person or ton people say it, I don't think deepens the logic of the arguir.ants. Mr. Ray Wrigley: Right, I agree. M; name is Ray Wrigley. I live at 3280 Southwest 17th Avenue. I live two hundred and fifty feet south of this property in question. I've lived in this area with my family since 1928, either my family or I have been her(- a].I this time, right in this locality. We lived there before there wa: single tree in the total manor. On the second floor of the house that we lived in you could see the light house of Cape Florida and today you can't hardly see from one house to the other on the account of. all the oak trees that are growing up there from ceilings. Now part of that area that I am talkinV about from micanopy to the Federal Highway, number one Dixie Highway and from Natoma Avenue to Alatka Str:et, in that area -.hpre are three hundred and fifteen single family homes. I know bec:=u:;e I walked up one street and down the other and 1: counted them all. There are two apartments in there that were made back during the booms sometimes, you can tell one by the architecture and the other by the way it .looks. There are about four garage apartments which were put in before zoning. Now, you can see this property was developed as one family area with before restrictions were put on and before zoning was put on, and it is still a one family area. This is one area that has not been developed as we say when we're speaking _'_ �, The thing that is anvizing to me is that we have restric- tions and zoning laws on our residential section there and as soon as we put in a P.U.,; .it seems to be chat all the restrictions, all the zcnine, rules, everythl•gs goes out the window, I want you to know I am very much against this. Mayor Ferre: Are there any other speakers at this time." Alright I'll give you a brief moment to rebut and then there might be somebody else that wants to say something after you rebut and then we'll get to the Commission. Mr. Robert Altman: Mr, Mayor, and Commissioners, my name is Robert Altman, I am the architect for this project. I think D should -ebut some of the statements, first of all I would like to clarify the replat, I have a showing here. The replat that were... that I've drawn up down here was done by land surveyor and that was done in the last five or six months. This is a totally different independent replat from the replat that Mr. Adams Submitted about a year or a year and a half ago whatever it was. The replat that was submitted by Mr. Adams quite some time ago did require a variance. This replat after a review by Bobby Herndon and people in Planning requires ne variances and all of our lots fulfilled all the qualifications 'legally and without a ... there's no magic to it, it's all here. On the last sheet of the set drawings which you all have shows a replat by Al Wanson on his engineering documents. One of the statements was that we have paving or whatever within two or three feat of the setbacks, well I'd like to mention that most of the area that is close to the p-,oporty line, it does have paving ends up being a patio or a pool deck or something like this. The zoning law states in the zoning in the City of Miami at a property line you could have a fight foot high block or concrete wall and you can have patios at grade right up to the property line. Every- thing that we've done on this plan unit development qualifies with all. the current zoning, zoning laws, with the blessing of the Planning Depart- ment. We are asking for new variances and everything is as legal and on the surface as possible. I also feel that this is a change from what we have right now, what we have right now on the property is two story old garage house. We'll be taking this down and hopeful putting up three houses. One of the statements that was brought up by the ... by the first db gentlemen ,was tl.at the .,,verage size of thc lots or whatever now. what I did ... wl'ien I went through the avc•cat;e s°ze of the 1 s I didn't enumerate the different: lots as cney are plotted, I`�4ic�lt through the legal instrument that we have to supply to the City that has the names of the homeowners and the ... all the lots ti:at they owned, if one homeowner... if one homeowner owned five blocks con, iderud that obviously forty thousand square feet or whatever and that's much larger than our lot. What we did was we went through this .list of forty nine homeowners and took all of their lots in size and we did an area take off" and that's 'row we came up with the sixteen out of forty nine lots. If you have any questions or anything; that you would like me to clarify, I would be glad to do that. :Mayor Ferre: Thank you. Question from mc;nbers of the Commission. Okay I'll, give you one last crack at it. Mr. r4lrAl.d Rel.kin. Now I'm not an architectwhen these people purchased these purchased this property back in 1978 there was just one home on there. Commissioner Plummer: Doctor for the record from the record put your name and address. '•rr. herald Relkin I'm sorry. The name is Gurald ttel:cin. I live at 3330 Ha LiStreet, and I've resided i;, :Miami for the past 21 years. Now, this area and I don't bela'oor the point it's a beautiful The property that was purchased in 1976 at thu time it was purchased, and has not been used until now, or not have been tried to bo functionally used until now. There must be: a reason for that. This piece of property is a beautiful piece of property, it has o very old home on it, a beautiful little Dome that if someone had purchased +:his property back in 7c, and had deemed to renovate the structure and live in it as a one family home+ will leave a beautiful site and maintain the area as it is, and that's all ✓,`,,,,. L have to say. Mayor Ferre: Th, ;k you doctor. Okay, I t'Ank we pretty well said every- thing that's needs to be said. I ... unless you have some very, very super strong new arguement, 'I think we've ieard it all. Haven't we? Commissioner Plummer: Obviously not. Mayor Ferre: You say you have a super dup,:r argument, okay. Unidentified ,speaker: One point. Just one point. 1 nave+ a quOStiuu on the replat. The width of the proposod drive w,iy here appears to be something in order of twelve feet and there's a fairly sharp an6le of the turn, I don't think that a car could negotiate a turn on that replat. I just... I'm wondering; if it's engineeringly possible to fit those three lots in that's ray major question. Mayor Ferre: Okay, further statements. ran,johnsnn; My name is Ran Johnson. I live at 1820 Chicanoto RR acl. Accordine to number ten all construction 'shall meet the "city of Mfnami minimal standards. The minimal scan,iard as I. understand is a Live feet ... a wall five feet from the end of the building alot line, and he is within two to three feet of thelnr line. 1,iyor Ferre: Yea, that's because: it's a P.U,N, okay. I'm 'Mrs. Cro.:s. I live at 1815 '.'igertail. Nobody came around to ask me what. I though~, but I would want to say wily I think it is completely out of character. There: are quite a few houses oil one, two, three even four lots, out I don't know of any lot that has three houses. 'Mayor Ferre: Okay, I think we've heard as I said hufore all. of the argu' ments on all sides. Now, what's th- will on this Commission? Commissioner Plummer: Mr. Mayor, f -t I will attest to the fact that Mr. 1, 7 Qv 1 ,�. U �CivJ C �` Wrigley is it came around knocking on everybody's door Sunday, he woke me up. Mayor Ferre: Don't hold that against him. Commissioner Plummer: No, I won't. Mr. Mayor, the P.U.N. or the P.U.D. was developed by this Commission. I can show you a number of applications in which this has been applied and has worked very successfully, so I don't want you to go away thinking that the P.U.U. is something that some architects designed. I think that this proposal that is before us here is a very beautiful proposal, I think it is very nice. The reason that this Commission left the P.U.D. ordinances as conditional use is that each individual case shall be weighted on it's own merit and the location and Where it is proposed. Mr. Mayor, this domino theory that is spoken of is not the first p.U.D. in this particular neighborhood that has been denied. There are others and consistently this Commission has denied the P.U.D.'s, likewise I feel this evening that this application does not belong in this, particular neighborhood, and I would move to uphold the Planning Board. Mayor Ferre: Alright is there a second. Alright there's a seconded on denial, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. IfOTION NG. 80-793 A MOTION UPHOLDING THE 'LOVING BOARD'S RECONKAENDATION FOR DE14IAL OF APPLICATION BY CHARLES R. ADAMS FOR A CONDITIONAL USE TO PERMIT A DEVELOPMENT OF A PUN AT 1715 TIGERTAIL AVENUE, CONSISTING OF 3 DETACHED SIN-- GLE FAMILY DWELLING STRUCTURES, ZONED R-1. Upon being .seconded by Commissioner Gibson, the motion was passed and adopted by the following votes. AYES: Commissioner Gibson, Commissioner Plummer, Vice Mayor Lacasa *Mayor Ferre NOES: None ABSENT: Commissioner Carollo *ON ROLL CALL :!ayor Ferre: Before I vote, I just want to say, I've got two problems with voting with the motion one is that I hate to agree with the ... what's the name of the association? Tigertail Association. Commissioner Plummer: They said they were absent this evening. Where were they? Mayor Ferre: And...no they were here. I hate to agree with the Tigertail Association. The second thing that I want to say is that this is one of the most beautiful architectural renderings and one of the most beautiful architectural solutions that I've seen in a long time, and I just want to commend the architect for having done such a magnificent job. Now, however, .I happen to believe that this is a very, very unique neighbor- hood and I think that we and this Commission has got to do everything within our power to protect the very special single member...I mean... I've got single member districts on my mind, single house approach to what I think is one of the great assets of this community and therafore 1 vote yes in the denial of the motion. IBC OCT o I;M db ti APPEAL BY S AROCT:, INC.-,tint-Warehouse at 2055 N.W. llth Street Mayor Ferre: Okay we're now...,.a're now on item item #15 which ha!, sip: individuals. This is an appeal :by an objector. Searock of the Zoning t30ard j;:•anting of a conditional. uses to permit one-story mini -warehouse at 2055 N.W. 11 Street. The Zoning Board grant�.d it four to two. Commissioner Plummer: Mr. Mayo,, excuse mu. Mr. City Attorney, w.» my termonology wrong? Did I say t,u Planning Board or the Zoning Board. Mr. George Knox: I am not cure Commissioner. Commissioner Plummer: Well the ;gentlemen brings out the fact that he feels that I said the Planning... Mr. Knox: The matter was before the Zoning; 'Board, the records wi'.': re- flect, the minutes will reflect. Mayor Ferre: Alright., let the record reflect that the intention o* the Legislative: body and the intention of the maker of the motion on rourteun was that we uphold the Zoning B(,ard's reco-mmedation of denial of four to two. Commissioner Plummer: Right. Mayor Ferre: Now. Proceed to item number whatever it is. Fifteen. Go ahead. Mr. John Emmer: My name is John Framer. 1. am an attorney with the law firm of Smathers and Thompson iu the Alfred I. Du Pont Building, here representing Searock the appell.;:it. If you will recall this is tho property down on the riverfront, which several years ago came before the board several times for rezoning and was denied. Eventually the board decided, or the Commission, the City Commission decided they were going to allow this property to be —were not to allow this property, but to include in the Waterfront Industrial Property a classification called mini -ware- houses. They set about to do this by passing an ordinance which concluded mini warehouses in the Waterfront Industrial Property. I submit t.) this Commission tonight that in set about and in the process of includinf; many warehouses in the Waterfront Industrial Property they failed, therefore I take the position that any action predic.ted on this failure, bc,-ausu of defects in the ordinance to which that they did not get the proper sections. Notices that were predicated thereafter on this particular defective ordi- nace the action taken by the Zoning Board was also defective, therefore the City Commission should overrule the Zoning Board and deny the applLcation. Mayor Ferre: Okay. Commissioner Plummer: Well, to refresh my member as I recall this was deferred for the purposes that there was an incorrect wording, or a wording that was out of character or something, and that the reason this was deferred was to correct that wording. Somebody from the department. Where is all my high priced help? Refresh my memory why we deferred this. �tr. Whipple: I think the main point, or at least the: main ooint as tar as the department was,concerned had to do with department objections to sanitary facilities being located,in each of the storage units, and we have presented to the Commission this evening the state law and I believe the applicant... the original applicant is prepared to withdraw that request pursuant to state law that there will not he sanitary facilities, And as we mentioned to you last time, we felt that not with standing the comments .181 OCT 980 that have just been made that in es.:Gnce there was a scrivener's error or typographical error, however you want to cLassify with respect to the numbering of the paragraphs and did not in fact legally in our opinion make the existing ordinance invalid and 1 believe the Law Department is prepared to... Commissioner Plummer: Has that been corrected? Mr. 'ferry Percy: The Law Department I think is prepared to comment on that. Commissioner Plummer: Have that bean corrected? Mr. Percy: Mr. Commissioner., we hav,_ not adopted a replacement ordinance. The error in question is referred to a subsection which was mislabeled in the previous ordinance was adopted a couple of years ago, and we concluded that that was not a defective, or fatal defect in that ordinance, in that text of the ordinance was consain, Lt was a mislabeling of the section "A" & should have been section "B"and we ,.oncludad that the matter was proper. It was not necessary to perfect as good s,_rivener's error prior to the exposinr of this item. If that's your wish we coulc do that. Mr. Robert Tr,,urig: For thu reco*,:ci my name is Robert H, Traurig. I am an attorney with office at 1401. i.rickell Avenue, and I represent the applicant. I think that the ;:ulc law that Mr. Percv is discussing, as to whether or not the cofific�d section is the section to which you would refer rather than the type written section prior to the codification it, and in an earlier discussion which I lead with the Law Department, they confirmed that the codified section according; to the constructions normal placed on adoption of legislation is the section which will apply. Mr. E-mmer: I certainly like to address that I can ciie to the law department of the nobel City of Miami, several cases in which this is an issue, and i-rlich case the courts, have ruled that it can not be changed merely by doing a suustantive waiving of the hand and saying, because the confusion is still there. Do we have an A or B, or do we have an A and ?,? Or is the B gone because of the ordinance that was passed. 'J.'ou just don't do things like that, saying that tho ordinance says this, and just because it's a scrivener's error. It is not necessarily is scrivener's error. It's an error in the fundamental structure of that particular ordinance, and we're saying; that they City should not rely on that type of thing, they should go back and clean up whatever problem it may have in this particular ordinance. So we are arguing here tonight. ;Mayor Ferre: Okay. Mr. Traurig: Mr. Emmer _talks about form over substance and we think that the City can approve this based upon the law that the Law Department has cited. Mayor Ferre: And the Manager's and the administrations recommendation is. .Mr. Fosmoen: The administration is a... we have not changed our position from the past and we believe based on the. Attorney's opinion and comments that you're free to act, and we understand that the applicant is prepared to withdraw.h is request for individual sanitary facilities in each unit, and we'll proide a central laboratory facility. Mr. Traurig: We agreed to that, yes. Mayor Ferre: Questions from the Commission. Alright, what's the will of this Commission? 1 Commissioner Plummer: Well, it's late. This is a reverse,.correct? You are..you are in fact are the one who brought before the Commission. Mr. Emmer: Yes. We appealed the Zoning Boards... 182 db Commissioner Plummer: And there were some question as to the time frame that you didn't do it within a cert::in... Mr. Emmer: No thaf's not correct at all. Commissioner Plummer: No Mr. Emmer: It was properly filed. Properly appealed Commissioner Plummer: Maurice, there's something sticking in the back of mind, I can't remember what it was. Mr. Fosmoen: The action on the part of the Commission would to bO uphold the Zoning Board or to overrule. Mayor Ferre: What's the will o1F this Commission? 'sir.. Emmer: Well if that's the case, if you'll talking about the whole in the board so they would have to deny it glen if they want to take away the toilet facilities. Mr. Fosmoen: The applicant has indicated it. Mr. Traurig: We've withdrawn the application for the toilet facilities. Commissioner Plummer: Well, let Tie ask another question, as I see it the only thing before us is the toilets, ,4r. Emmer: That's not correct, the legaleficacv of the ordin.ince itself and therefore all actions flowing there from. Commissioner Plummer: No sir, that is an contention on your part. The application before us.. Mr. ;Whipple; It's conditional use approval for mini -warehouses on this site and the department recommendation was we recommend approval without the sanitary facili.tes in each unit. The question before the Commission is the conditional use approval of mini -warehouses in a W.I. District on this site. Commissioner Plummer: Dick, didn't we take this item... Us the Commis- sion sometime previous? Mr. Fosmoen: Sometime ago you adopted an amendment to the nra,.r.aneee to permit these facilities in an W.I. District and the attorney on this side is saying that you adopted that improperly and your City Attorney is saying you adopted it properly. Commissioner Plummer: But that's not the application before us. Mr. Fosmoen: That's absolutely correctly. Mr. Whipple: As a matter of fact the City Commission requested the ammendment to the W.I. District to permit mini warehouse facilities as a conditional use which was done. Now here's an application under that anmtendment . Mayor Ferre: Is there a second to the motion? Commissioner Lacasa: Let me ask an question here, the Planning; Depart- ment ... the Planning Department is recommending that a central facility should be provided to discourage conversion of these r•Yarehouses For other uses. Has that been provided? Mr. Whipple. : The applicant has agreed tonight that they will do that and that is also therefore in compliance with the state law which this gentlemen brought to our attention at the last meeting. 183 4 , ON Commissioner Plummer: How mini warehouses are proposed? Don't everybody answer at one time. Mr. Fosmoen: We're counting Commissioner. Mayor Ferre: What's the will of the Commission? Commissioner Plummer: To know how many mini -warehouses are proposed. Mr. Trau•rig; • That answer is forty seven. Mayor Ferre: Forty seven, is there a second to the motion? Commissioner Plummer: You know, I tell yotc what really kills me in this now, you know I am going on three minutes <,ne. this is an conditional use and nobody is been able to tell me how many of these little out houses we've got. Mayor Ferre: 'Forty two. Commissioner Plummer: Well are we iimitin;;...you know, under conditional uses there are usually stipulations. Are ,;e ... Mr. Whipple: Per plans on file. Commissioner Plummer: Per plans on file. Mr. Whipple: That's the sanitary facilities. Commissioner Plutnner: I don't know. I.../ou know that's why I pay all this high priced help to tell me. N.'r. Fosmoet.: Fusty two. Commissioner Plummer: Forty two out houses. Commissioner Lacasa: When is the central facility there. Commissioner Plummer: Out in the open. It's a unise:t Xr. Emmer: Obviously they don't: have it in there, because they have provided for the sanitary facilities in each one of those units. They don't have a central sanitary facility there. Commissioner Lacasa; Well that is not what you recommended. That: is not what you ... what the department ordered. Mr. Emmer The state law does provide for central facility Mr. Trnurig: I think it's clear that in conditional use you condition the resolution. The condition of the resolution that you would impose Is that one central facility will be installed rather than the indi- vidual facilities which we have voluntarily withdrawn., So it is just o question now, on the modification of the plan and provide that one central facility, if Mr. Plummer will recall will recall me talking about how one who has been out boating comes in and might need more thlan the central facility, and that ... this is to refresh his recollection, tie had made the motion for approval previously. Commissioner Plummer: Johnny on the spot. Mayor Ferre: Come on you guys, it's been an half an hour. Commissioner Plummer: Hay you can make an motion there's no law against it. Mayor Ferre: ho, I'm the Chairman. pp OCT � 019E0 0 Commissioner Plummer: Ah, no, there's nothing in the Charter that says that you can't make an motion, or you can't vote. Commissioner Lacasa: I don't believe that. Commissioner Plummer: As a matter of fact, there's nothing in the Charter that says you get to vot<: last if you want to pull it down. Mayor Ferre: Okay, I'll .... Commissioner Lacasa: I don't be:.ieve that the Planners presented ;i have... what the Planning Department has recommended which is the central facility so, I am not ready to vote on th,.s until after I see it in accordance with the recommendation of the Planning Department. Commissioner Plummer: You want :,ie to interpret what he said? Mayor Ferre: Yes. Commissioner Plummer: It's defe:red until you come up with a proper plan. Mayor Ferre: It's a motion that this item be deferred. I'm ready to vise for it tonight. I just wan- to say on the record, so that nobody misunderstands my position. Commissioner Plummer: Well, fir. Mayor, yovi know, we are already working with possibly -one infraction, or one word that's not proper. I think we ought to do ... it's just a very simple thin;; in my estimation, once you come back so that bir. Whipple caa tell me At's according to the plans on file. I think it's that simple, but I think Bob, that you've got to do it, I really do. Mayor Ferre: There's a motion for deferral by Mr. Lacasa, there's a second by Plummer, further discussion call the roll for deferral. THEREUPON, on motion duly made by Commissioner Lacasa, and seconded by Commissioner Plummer, the City Commission DEFERRED CONSIDERATION OF THE ABOVE MATTER TO A FJTURE MEETING, BY THE FOLLOWING VOTE: AYES: Commissioner Gibson, Commissioner Plummer, Vice Mayor Lacasa, and Mayor Ferre NOES: None ABSENT: Commissioner Caro'llo Mayor Ferre: And I assume the next time we won't go through this whole rigger ma row all over. again. Commissioner Plummer: Well make it very clear that it's a deferral for the purposes of surrendering a plan than can be put on file, in which Commissioner Plummer doesn't hate to wait three or four minutes for an answer. It's just that simple. APPEAL BY JO-BEAL INC.- Duplex at 4617 N.W. 2nd Terrace Mayor Ferre: Take up item # 16 Jo-Bal Inc. of the Zoning Board's denial of an variance. To permit a two story duplex of 4617 N.W. 2nd Terrace. The department recommende6 a*der.ial, the Zoning Board recommended a denial. Are there any objectors present'.- Alright. pCT 3` 01930 , MOO r' Mr. Thomas: My name is 'Thomas, 8780 S.W. 27th Street, Miami. Commissioner Plummer: Give me your address again sir. Sir, again your... Would you ... what was his address Mrs. Clerk? Ms. Matty Hirai: I beg your pardon. Commissioner Plummer: What was the address he gave? Ms. Hirai: I did not... Mr. Thomas: 8780 S.W. 27th Street. Commissioner Plummer: So you live other than where the application is, is that correct? Mr. Thomas: Well this is my problem, I am a secretary of the Corporation, my brot.hors called several_ _ mayb:: he's the one that you have ___ 24066 S.W. 3 street. Commissioner Plummer: 4617 N.W. 2nd Terrace. Mr. _Thomas _ Well .possibly that's what are trying to (inaudlible) I am giving my address, my own address. I'm sayingi'm Thomas___ I live at 9780 S.W. 27th Street. Commissioner Plummer.: Alright, I'm trying to establish the record, sir. ;ir. Thomas: Okay. Commissioner Plummer: You do not live at this address? Mr. Thoms: That's right. Mayor. Ferre: lie's alrearly said that. He doesn't live there Commissioner Plummer: okay, alright, I'm trying. Mayor Ferre: Okay, move along. The applicant wants what? Mr. Thomas: We aupealed in order to get 97 square feet l"ke we, are shown on this lot in order to construct a two story duplex are Mayor Ferro: Why are you short 97? Mr. Thomas The reason is because there is a reservation that the City of Miami, five foot reservation for the suture for the side- walk that make the short... that makes the lot short 97 squar:: feet. Mayor Ferre: Because of the five foot reservation that's how you're are short 97 square feet. Mr. Thomas: Yeah, that's right. The original size of the lot run about forty one... fifty... forty one hundred fifty three square feet less the two hundred thirty feet that they make: the reservation make the lot short on 97 square feet. Mayor Ferro: Whipple were we responsible for taking Away that five feet or is that a new thing or what? yr. Whipple: Well it's a base building line, Mr. Mayor, which does affect the lot area. Mayor Ferre: You mean'that's something we did a year, five ,years ago? E db 00 i ;3 C. 1980 Mr. Whipple: We dial it back in 1961, sir. That's as far as I can remember back at that point and time, ye:: sir. But, the concern that we have is the overall size. You're talking a, out a very small site, as you may remember through many years we dropped tl.at minimum size down to four thousand square feet for two units, and we absolutely feel that when you get below that, it should be restricted to a single family unit. Mayor Ferre: This guy is missing it by 97 square feet is that it? Mr. Lacasa: 96.5 square feet. Mayor Ferre: Out of four thousand. Commissioner Lacasa: Out of four tousand. Mayor Ferre: And the law doesn't sty four thousand (live or take 96? !fr. Whipple: It doesn't say thr:e thousand zero point five, :10 sir. Mr. Lacasa: That is the reason re are here. Mayor Ferre: Okay, I get the picture, I yet the picture. What's the will of this Commission? Commissioner Lacasa: I move that t.•ie applicants appeal be approved and that he be allowed to build his duplex, and we allow the variance of the 96.5 square feet. Cor,nissioner Plummer: Mr. Mayor, I13.1 second the motion. The people in the neighborhood obviously only one objector in the neighborhood who is riot contiguous to this lot, the rest of them had no comment. Two are in favor, one i� opposed according to the record, and if their not in objection, I don't know why I shoul3 be. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-795 A RESOLUTION GRANTING A %ARIANCE FROM ORDINANCE N0. 6871, ARTICLE VI, SECTION: 2(3), TO PERMIT CONSTRUC- TION OF A TWO STORY DUPLEX. RESIDENCE ON LOT 3, BLOCK 1; SUBURBAN VILLAS (24-61), BEING 4617 N.W. SP:COND TERRACE, AS PER PLANS ON FILE, ON A LOT 3,903.5 SQ. FT. IN AREA (4,000 SO. FT. REQUIRED) 'ZONED R-2 (SWO STORY FAMILY DWELLING). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Gibson, Commissioner Plummer, Vice Mayor Lacasa, and Mayor Ferre. NOES: None ABSENT: Commissioner Carollo 187 0C1 � 01�80 APPEALING 3FRNA.RDO NIEMAN- 1951 1.7. Flagler Street Mayor Ferre: Take up seventeen. Bernardo Nieman. Denial of variance to permit a second floor storage addition to your building on 1951 Flagler Street. The Planning Department recommended the denial, the Zoning Board recommended a denial. There were two objectors, twelve replies in favor by mail. Okay sir. Mr. Bernardo Nieman: My name is Bernardo Nieman. 538 N.W. 24 Avenue. I am representing our own company Villac.lara Store. We built that building around 1978 and we left provision to build another floor for storage only and on the Zoning Board meeting, even though they denied, they advised us to get together with Mr. Simon, which is my neighbor next door, because he opposed very strongly to my ... our warehouE;e floors over there, we tried to get in touch with Mr. Simon, Mr. Simon, he don't answer our. question. Mr. Simon is here today and Y believe he w:11 try to show more objection ac;ainst my second floor over there, which is not going to hurt his business. I don't know why he's so objectional. I'm asking the Mayor, and the Cotn,ni.ssicner to approve this variance. Mayor Ferre: okay. Alright is there an opponent': Mr. Simon: yes sir. Mr. 'Nieman and I butted heads at the "ooing Board hearing and I found out he's a nice guy, he's trying to —but, he trying to complicate an already existing problem. We... my daughter Will pass out to you a some ... oh! I beg your pardon. My name is Herbert Lee Simon. My office address is 2721 S.W. 27th Avenue, Miami. MY daughter is �.•ssing some letters and some pictures. 1!e has the on Flagler Street in the 1900 block, we have a small shopping center that adjoins him. Our shopping center, as you will note from the pictures, blr. Plummer, sits a pretty good distance bark from the street with adequate and easily accessed parking in the front, do>ubled stack parking. Mr. Nieman built the Villaclara Store recently, I think a year or so ago adjoining our property to the east, and lie built it. right up to property line. He has the proper set backs in the front, but it's built up to both side property lines. His parking garaw as you can see there is very difficult to get to, it's at the rear of the property, you'll have to go west I'd say, well you can see from the map of there a good distance. His property is the property of course yellow with the X, so you will have to go, what's it one, two, three, four, five, six, seven lots, that's three hundred and ;:fifty feet to the west and then turn to the right 4o the alley, come back down the alley to get into his garage from the rear. No one will do that. None of his customers, none of our customers will do that. I'm trying to retain the parking for our own tenants in the shopping center that already his customers are using. Now he use to be across the :street, he was located across the street on the other side of Flagler Street, before he located here and he told me his customers never had any problem finding parking spaces. Well they don't here, because they park on somebody's el.ses property, and in this case it's our. I don't ... his own customers won't go into the rear and this is :attested to by the letters that I've received from five of our tenants, so it ...to add a second story to this would further complicate tho problem, because all that he says is for storage and it maybe, I don't know what he's going to use it: for, A lot of storage "around town have latter on been used for retail. sales." Even if it was used for storage it will add to his retail space that he's now using for storage in the first floor of his building, which again will create I suppose more customers creatin(f a bigger parking problem, and our tenants just can't survive. His tenants are already parking on our lot and we just...2 ask you please don't --urther com- plicate the problem, by allowing this additional floor to be built. Now, my daughter may want to add something. Can you tell from the pic- tures what has to happen there? By the way, one thing further, when we 188 OCT 3 o 1980 a when he first started to construct this building, and I saw the plan, and I went down to City Hall and saw the plar.s and we saw the parkincr was in the rear, which is ... as I said again an impossible situation, we called for him and his architect to meet with u,., and they did. They met with partner, my son in law, myself, Mr. Niemi�.n and his architect, and I begged him to please, before they start construction of the building give an entrance to the garage from Flagler Strec+t so that his customers could park, but he didn't see fit to do so. So once again, I say plea::e don't further complicate the problem, and deny the request for the second story. Mayor Ferre: Further questions. What's the will of this Commission? Mr. Nieman: I want Mr. Vidal to talk in r-y behalf please. Mr. Gabriel Vidal: Ply name is Gabriel Vidal. I live at 551 S.W. 3rd Street. First of al, I'd like co say...2'd like to give you a letter because tho agenda says that we have twelve people in cur favor, and I send the departrr..�nt extra :our more. tor. Nieman started operating a store across the screet from where he .is now thirteen (13) years ago. Eleven (11) years ago trey broke his lease, They said he had to move. So when he had to .Hove, he tried to get some place to go and open up. There was one: _,mpty lot which is lot 20, the one he bought, owned by this gentle.nans father. ter. Niema„,, is Jewish and Lebanese. That's a nice combination, So he asked Mr. Elias to sell him the lot and Mr, Elias noticing the problecr, he was in sold him the lot and said I don't want to get in trouble with Mr. Simon because Mr. Simon approached us to buy the lot and we didn't sell it to him. From then on things started to go bad, Mr. Nieman applied for a permit to build his :store on Flagler, fie went through all the legal procedures, zoning, building, the whole thing. And M~. Simon suggested that lie put the entrance to the parking garage which is on hottom starting on Flagler. The Architect and the Zoning Department did not want the traffic to come in the parking lot and come out on Flagler. It's a law ... parking space. Flagler is a very busy street between 18 and 19 Avenue, and they said that the cars coming out on Flagler would be dangerous. So he had to build it in the back. For him it would be better to have tho parking lot coming on to Flagler but Zoning didn't want that. I'll be very fast, Mayor. Another thing that created a problem. The ramp for the,handicapped has to be in the front. it has to have a certain slope which makes it so long that he could not put it in the front of the store and at the same time have an ontrance to the parking. The only other thing that was asked of i.his Zoninq hoard and Commission on that block was a gentleman who wanted a hearing, a variance for a body shop. Mr. Simon came here and o-iposed it. So the only two things that happened here, Mr. Nieman and the body shop, he opposed it. Now the third one, he opposed again. He's a professional oposer. Mayor Ferre: Whose the professional opposer? Mr. Vidal: Mr.... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Vidal: Okay Mr. Mayor. This is what happened. Mr. Nieman has seven square feet of store and he has nineteen parking spaces. He has nineteen (19) parking spares. He's exceeding his quota for... he should have seventeen (17), he has nineteen underneath and two in the back which .is twenty-one (21). He's exceeding four (4). Now Mr.Simon has a shopping center next store with eight (8) store: and he has only twenty-eight (28) parking spaces. -He has two (2) owners and three (3) employees. Five (5) people working there, These other people have over thirty (30) people working there which occupy their spaces. If you go there at eleven (11) o'clock at night you will see eight (8) or nine (9) cars parked there. if you go there at 7 o'cicok in the morning, 8 o'clock, 9 o'clock, you'll see six or seven 1+ 0 s io ist OCT 3 01980 V Mr. Vidal (continued): cars parked there. Now, the p::ohlem is this. That's only one other man who opposes Mr. Nieman. It's (inaudible) (inaudible) owns one lot next to the shopping center os-med by Mr. Simon. But no also owns a lot on Ist 'Street, Nor*rhwest. And I want to show you how his lots look. He has over thrity (30) or forty (40) junked cars. His business is selling parts for a junk car. He has a junk...automobile junk place there, which is illegal as everybody knot,, and this is the gentleman who is opposing Mr. Nieman. Mayor Ferre: All right, sir. I think I've allowed you plenty of time and so wind it up now so we can... Mr. Vidal: Mr. Nieman has a lot of extra space. When we first came here before the board, the board told us...they didn't deny it. He said we should get together. The board...because the problem is not if his customers park in their shopping center. He's got enough parking space. He's got signs in the front, signs on the sides ana*siglis in•tae rear telling the people to go and park in the rear. Mayor Ferre: All right. Mr. Vidal: Another thing, Mr. Mayor. Mayor Ferre; This is your last thing. Mr. Vidal: Well we shouldn't be here if they hadn't sent us to come here. Mayor Ferre: Well the problem is that usually I give people three (3) minutes. You've taken about fifteen (15). And I think it's timQ for us to wind it up now. So make your last statement. You've got thirty seconds. Mr. Vidal: All right. I've got right here the owner of the lot next to me. The other side. I got right here the owner of four (4) lots right across my street over there. He's represented right next to me. He's right here. He may testify that we have no problem with parking over that_, My store is not a traffic store. 1c's not a drive in store, it's not a variety store, it's not a variety store, it's not a discount store, it's not a pharmacy, it's not a restaurant. I don't bring so many people into my store that I need so much parking. Event though I provide my parking as the law says. I told Mr. Simon if he got really on his knees that: his tenants :anrot: park there. in other words, it has the tenants and employees of his own business parkinc there. That's none of my business, that's his problem. But he's complaining about my parking, that's my business now. Mayor Ferre: All right, what's the will of this Commission at this point? Mr. Plummer: Let me ask a question. Mayor Ferre: Mr. Plummer; Mr. Plummer: Have you tried to find an off -premise lot'? Mr. Nieman: It's on the record. We already looked for those three hundred feet around. There's nothing available. Mr. Plummer: See, I went there the other day and when I went there it was like 3:30, 4:00 o'clock in the afternoon. And I want to tell you, more so to the department than to these applicants. What I found was that the area was jammed with automobiles and your lot was empty. Okay. In ether words, what I'm saying is the same that exists at the Latin Chamber of Commerce. That underground parking for some reason seems to be a problem. People just won't use it. I don't know why. Whether they feel there's a danger or what. But that neighborhood was jammed with automobiles, and I would say his lot was half full. And it's unfortunate because it is good utilization. Mayor Ferre: Okay, next question. 190 O CT %-* G 1980 Xst Mr. Vidal: I go to the store every week and I always find parking on the street. Always. Mr. Plummer: Mr. Mayor, my probler,, is simple. You know, and i.t:'s one that I haven't been able to overcor,,::. This in a conditional use. It's a conditional use to the extent thzt if we allow him to build and doesn't comply with the conditions, where are we? He's not doing to agree and I'm not going to agree that he's going to tear that second floor down. — Mayor Ferre: Make your motion, P].ammer. Mr. Plummer: Let me hear the wisdom of the rest. Mayor Ferre: Oh, I've got ... my po>ition is very simple. Mr. Plummer: It always is but it takes an hour and a half to explain. Mayor Ferre: No it isn't. I will vote with the Zoning Board, and the Planning Department, Mr. Simon: May I just point out, that as you saw, Mr. Plummer since obviously you were there, our lot i.s the only one that's affected. I mean there's nobody else, no reason for anybody else to object. We're the only parking lot that's adjoining his property. And usually, I'm surprised you only found it half full I think you said. Usually we're completely filled. And yes, our tenants park on the lot as they pointed out, but that's our tenants prerogative if they want to do it. Mr. Plummer: I',m not talking abou': your lot, I'm talking about his lot. Mr. Simon: His lot is always empty because as you said, people will not drive around the corner and go und,r that garage. But it would further compound the problem to add an addition to the building. Father Gibson: I move to uphold the board. Mayor Ferre: Okay, there's a motion to uphold. is there a second? Further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-796 A MOTION UPHOLDING THE ZONING BOARD'S DENIAL OF APPEAL MADE BY BERNARDO NIEMAN OF ZONING BOARD DENIAL OF VARIANCE TO PERMIT A SECOND FLOOR STORAGE ADDITION TO THE EXISTING BUILDING AT 1951 W. FLAGLER STREET Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacas�i Mayor Maurice A. Ferre NOES; None ABSENT: Commissioner Joe Carollo psi iQ t �G.,.. u G ;�80 62. SECOtTD 'tErA.DI,.IC Oy2nIi? '.?CD: ' P"r T•C :^IO?1 7:Y DADF COU'?^Y TO CPA!,G?, ^O,TI"G OF 2-98 *?.'.9. 2nd *V:.':'.UE 71W, Tz-4 r.1,D) C-4 ''"- GU Mayor Ferre: We're now on item number 1. Metro Dade County to change the zoning classification of approximately 2-98 N.W. 2nd Avenue from R-4 so on and so forth. Father Gibson: Move. Mayor Ferre: Moved by Gibson, seconded by Lacasa. further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTOPYEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 687.1, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 1 AND 2, A PROTION OF LOTS 3, 4, 5, 6, 15, 16, 17, 18, 19 AND ALL 0? LOT 20, BLOCK 113N; MIAMT (B-41), BEING APPROXIMATELY 2-98 NORTHWEST SECOND AVENUE, FROM R-4 (MEDIUM DENSITY MULTIPLE) AND C-4 (GENERAL, COMMERCIAL) TO GU (GOVERNMENTAL USE), AND BY MAKING ALL THE NECESSARY CHANGES -N THE ZONING DISTRICT MAP MADE A PART OF' SAID ORDINANCE No. 6871, 3Y REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE Passed'on its first reading by title at the meeting of September 25, 1980, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 9196 The City Attorney read the ordinance into the public record and announced that copies were availalbe to the members of the City Commission and to the public. 192 ist 63. F In-,T ZE 0I`•iG OPDI:...7A"CG;. 1 ,�:. �trF?C i):;.'�.h.,�nt,. i 1�:�I,T( F..`'Iti)'? TO rE7,211 Oorrt P-IR STr,FS '7) 1: Mayor Ferre: Okay, who wants tc:: move %? ?4o objectors. Planning Advisory Board 6-1. Lacasa move::, Gibson :;;:conds. Further discussion? Mr. Plummer: Can I ask why? 0;-.n air sales They don't seem to be compatible. Mr. Fosmoen: It's called Snell ;ity. AT THIS POINT, THE CITY ATTORN-Ir". KEAD THE. (;&D1NANC'E: 1N110 THE PUBL-C RECORD) . Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE' AM'E dDIN;: 311C)INANCL NO. 6871, AS AM 'LADED, THE COI:'t'REH. SIVE ZON1:;G O'C,OINANCF.; FOR THE CITY OF MIAIIa I3Y A00I:N;A A NEW PARAC,RAPH (K) AND (L) TO SUB-51 :: T ION (57) , SECTION 2, ARTICLE XV--1 C-SSA BOULEVARD COMMERCIAL DISTRICT, '.'0 PERMIT OPEN AIR SALES AND HOSPITALS UPOTI CC '.DITIONAL USE APPROVAL BY MAKING THE NECESSF:.Y CI•IANGES IN THE ZONING DISTRICT 14AP MADF. A 1' 1RT OF SAID 0RDINANCF NO. 68 / 1 , BY REFERS C: ;; AND DESCRIPTION iN ARTICLE 111, SECTION . , THEREOF BY REPEAL121G ALL ORDINANCES, CODF iECTIONS OR PARTS 'THEREOF IN CONFLICT AND CONTo� NING A SEVERABILITY CLAUSE Was introduced by Conuniss-)ner Laeasa and seconded by Commissioner Gibson and Massed on its first ;-eading by title bw the following vote: AYRS: Commmissioner J. L. P,..mnor, Jr. Commissioner (Rev.) Tl,.,.odore R. C;ibson Vice-•P•iayor Armando Lac.tua Mayor Maurice A. F'erre NOES: None ABS21,IT: Commissioner Joe Carollo Thu City.,Attornoy react the ordinance into tho public record and announced that copies were available to the members of the City Conutission and to the public. 193 ist OCT "DO 1 du r THEREUPON, the Chair ADJOUP,,"D THE PLANNING AND ZONING PORTION OF THE A-ENDA, AND PROCEEDED TO TAKE UP ] TEMS BIELONGING TO TiiF REGULAR PORTION OF THE AGENDA. ...... h' �yrx `w1S 64. r±)PP,0N77 '9ILD,17', SI=." r t7) *SSOCT, ." -c; "'n PnOVID nnr�� . r,r,I�1•tpL jh i rr, TrC^ ^a :•,� , CIiI ..U.....L _� . ?tG2""?,.. I"G S' V. TC- , ., PO •C :.` .,.; GOV77".f17*'1R Cr-1-1 E p"R„I;tr n7!17FC' !,-LL0CP.".7 $1n7,000 Ma, -.,or Ferre: We're back to the regular agenda. We're now on item 9. Is there a motion on item 9? Mr. Plummer: Yes, Mr. Mayor, the i:.•ormat.ion I asked for has been .liven, I move it. Mayor Ferre: Plummer moves. Mr. Lacasa: Second. Mayor Ferre: Lacasa second_.. Furt1h.,r dicllssion on n'? Call the rol The foll.owinq resolution was in- roducod by Commissioner Plummer, wild mo•,ed its adoption: RESOLUTION ';0. 80-797 A RESOLUTION APPROVING THE WILBUR SI'ITH AND ASSOC`ATES TO PROVIDE PROF::SSIONAL ARCHIT-EC"_'UIPPI, AND ENGINEERING SERVICES FOR THi DrSIGN AND CONSTRUCTIO14 PHASES OF THI' DOW!gTOWN. GOVERN`•': NT CENTER PARKING PROJECT; TO AR -RIVE, AT A CONTRACT WHICH IS FAIR, COMPETITTV?, AND FEASONABLE; ALLOCATING $100,000 FAO`' 'i:;E PARKING CAPITAL PROJECTS FUND TO COVER THI•' COST 01' SAID CONTRACT AND ANY NECESSARY ANCILLARY STR%'ICE" CONTRACTS; AND DTRFCTING ^'''F CITY MANA�;ER TO PRESENT THE. PROPOSED CONTRACT TO THE CITY COMMISSION AFTER NE'GOTIATI )N OF SAID CONTRACTS FOR APPROVAL OF ?HE COMMISSION PRIOR TO EXECUTION THEREOF (Here follows body or resc-Lution, omitted here and on file in the Office of the :ity Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner. (Rev.) Theodor^ R. C,ibson Vice -Mayor Armando Lacasa Mayor Maur..ice A. Ferre N( �I;::: Nmw Al •:I•:NT: c')uuui•:!:iuil,•r ,Ioo k'arollo �,al 1. L) �.' 1 U Ib 6 • 2 . 1, ... •,L W Mayor Ferre: Take up item 10. Mr. Mummer: Move it. The same thi::g. Mayor Ferre: t, l rigJ't, ii;` 1 ,-on m-: I J by by L'•Dca3u. Further discussion? Cal the roll on 10. The following resolution r;as in:roduce , .,y Comr;,issionur Plummer, who moved its adoption: RESOLUTIO',: NO. 80-798 A RESOLUTION A0PROVl',:G 'LVZ :30S`i' FIR%1S TO PROVIDE FINAINCl'AI, ADVISOR SERVICES FOR PROPOSED DOWNT')VIN, COVZRNNiGE', iT CENTEc. AUTHORIZING THE CITY i 1e;l.1t:,::? mil) .;RTA:,T3 CO;�TRACT NEGOTIATIONS WITH `lilt-' MOST nUAL1FI' D F11Ly.S ON A ROTATING NON-CONTING :19 DA:;;ZS FOR :'Ai.1) PROJECT; TO ARRIVE AT A CO;ITRF,CT WH:Cii Ili r 'r: COMPE71TIVE AND REASONABLE; ALLOCATING $15,000 .'Yt0:4 T;iE PARKING CAPITAL PROJECTS FUND TO COVEER TE_" _7CST 01' 2AID CONTRACT FOR SAID PT:CIJECT; AND DIR. _'TING CITY IAA :TAGER „:) r'H} Si ;;Z' 'T'i3:. F1;0:" OS`. D CO;XT%V'. t' 'X THE CITY OOtA'N:d%SSIO`1 AT THE. F.ARL11'?S'.' MEETING OF THr, CQM '.IE SION .'-.r TER „L OTIA'.'IONS OF 6AID CONTRACT FOR i-?PROVAL BY T;:E CO; ilk ,ai01v PRIOR TO EXECUTION THEREOF (Here follows body c),' resolution, omitted he:r.e and on file in the Office of the City Clerk). Upon being secondec. by Corinissi.�ne•.r Lacusa, the resolution was passed and adopted by the following vote: AYES: Corunissioner J. L. Mummer, Jr. Commissioner (b:ev.) Theodore R. Gibron Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo FOLLOWING ROLL CALL: 14r. Plummer: Mr. Parkins, would you see that- this receipt, somebody stuck it in front of me which .is their receipt for their seventy-five: dollars ($75) gets back to them. ist 00 01980 Mayor Ferre: Al.;. right are there any other items to come... Mr. Plummer: Yes. I make a motion at this time that we give a waiver of t 2e hiring fr(:eee to the boxing ?)ro(iram to hire Mr. Bobby Allen. It has already been approved by this Cnmi:scion. Is that the proper... Mr. ,'osomcn: Wh,,, don't you just approve the position and then we'll sele:-t the hire. Mr. !)lummer: We approve the position. Ma,lor Ferre: Al.', rir.ht it's been r:a von,i by Plummer, anc! Fiecondcd k:• Lacasa. Further discussion? Call t;2 -.'oll. The 'ollowing motion '.vas i.ntro,-iuct:d by Comroi.Ssio11e2' Plumnlel', w'io move•i its adoption: MOTION NO. 80-799 A MOTION WAIVING THE CITY-WL)E FREEZE ON ENPLOY.MENT PREVIOUSLY IMPOSED BY THE CI':Y COMMISSION 1�1 ORDER THAT THE CITY MANAGER MF.Y PR )CEE-D TO HIRE A BOXING: COORDINATOR FOR Th;? C [TY' S BOXING PROGRA.1" (Here fo.Llows body of res)lu!.ion, omitted here anct on file in the Office of the- City Clerk). Upon, being seconded by Commissioner Lacasa, the motion was passes and .adopted by the followin.y vote: AYE:.: Commissioner J. L. Plummer, j::. Commissioner (Rev.) Theodore R. Gibson Vice-Mavor Armando Lacasa Mayor 2-1aurice A. Ferre NOE:: gone ABSENT: Commissioner Joe Carol.lo MISCELLANEOUS DISCUSSION ITrl!S: A) ALLAPATTA�1 OPPORTUNITY CENTER - OFFICE SPACE 68. B) DELEGATION TO REEVACT P.EVENUr SPA"VIG C) ZONING ORD. 6871-COP"_PLAINTS OF nOOSTERS AND CHICKENS Mr. Plummer: Mr. Fosmoen, I am sure other Commissiners have been appioached by the Allapattah group, Mr.. Urra and company who are in des;,erateneed of office space to conduct their opportunity, business opp(-rtunit.ies. They would like for you to come back to this Commission for the possibility, of not the take over of the old station 13, I believe it is, on 23rd Street, but if it if. possible that they could operate two offices in conjunction with the use by the Fire Department. Mr. :•tayor... excise MO. Mr. FoNin0011: If you're headed for a motin, might. I also ask. that: you inr,u,do in that root-fon that we qiv�• them soma assistance in finding ocher space it' that' not ax%iilat le. Q ist Mr. Plummer: I have no problem with that at all. Mr. Mayor... Mayor Ferre: Make your motion. Mr. Plummer: Is a motion necessary that Alla};at-tah Opportunity Center and the grant which we gave them, hkv(-, :requested help for office space. And they wanted to be considered fo,' the olc Eire station on 23rd Street. Mr. Fosomeon... Mayor Ferre: They just retained sp ire. We w,int: to the inaugrution yesterday over at the Dade Federal ravings e,nd Loan Association. Mr. Fosmoen: No, no. You've got t.ao group: you're funding in Allapattah. You're funding Urra and you're fundinn... Mr. Plummer: All right, let ine do _l:is. Lut me suggest then, Mr. Fosmoen, you contact Mr. Urra. Okay? And c,ut exact3y from him, because it's my understanding that's what they'r,: looking for is space, and that if that is not feasible that you assist then in finding some other space. I've got no problem with that. Mr. Fosr:..)on, and I hate to hold up the Mayor, on revenue sharing. Is there anything that this Commission as a body or individually needs to do? Mr. Fosmoen: At the last meeting you passed a resolution encouraging, the delegation to reenact revenue sharing. We :;ave not, frankly, approached the delegation inthe last several seeks because it's election time and You know, they're just not going tc pay any attention to us. After next Tuesday, we'll mount a full campaign with the National League of Cities, U.S. Conference of Mayors, the Plorida League of Cities. I've had discussion with various depart:en;: head:; to incorporate their Professional associations, Police Chiefs, Fire Chiefs, we're mounting a major campaign as every city is across the country. Mr. Plummer: So what you feel is there's nothing further for us to do at this time. Mr. Fosmoen: Not at this moment. I think we have to get past the election and try to work with a lame duck lt:gislature. Mr. Plummer: Well if you're not aware, let me make you aware, the National League of Cities is making a push to get this on the agenda for either November 12th, 13 or 14 I think it is. If not, you're going to be into the holidays. So -they're making a hi.g push for that. Mr. Fosmoen: Mark Israel is following that for us. Mr. Plummer: Is it true that the City of Miami Zoning Department only handles complaints of roosters and complains of chickens go to the Health Department? You know, I feel dann silly telling somebody that but that's 1-97 T 3 0198u c GB. RESCHEDULING OF DISCUSSION IN CC�NIIIECTION WITH APPOINTMENT OF CITY MANAGER Mr. Plummer: Also in order at this time, is a motion to extend the deadline of November 1 on the appointment of ':he City Manager to January the first, and I so move, Mr. Mayor. Mayor Ferre: I intend to vote againit that. Mr. Plummer: Your prerogative. Father Gibson: You got a solution? (INAUDIBLE COMMENT SPOKEN AWAY FROM SHE PUBLIC RECORD) i+iciyor Ferre: We have two votes a"Jaillst it. I don't thinr: we shoul;t koop oz. playing these kind of games. Father Gibson: (INAUDIBLE•' COi,1I4ENT SPOKEN AWAY FROM THE PUBLIC RF,CORD) Mayor Ferre: He's no longer City Manager IvoVCmber l.st. That's wha� vole want, that's fine with me. Let's face it right now. Mr. Plummer: I made a motion. Is there a second? Mayor Ferre: I'm not going to play any more games on this. If. Plu.mm,!r doesn't want Fo:..loen as City Manager, that's fine with MO. It''s okay with me. Either appoint the man or let him go. (INAUDIBLE COMMENT SPOKEN AWAY FROM, THE PUBLIC RECORD) Mayor Ferre: I don't know, Father. liut I don't think that we can kcvp on putting this thing off. And I'll tell you, I'm not going to keep putting it off any more. Let's face the issue right now. Mr. Plummer: Mr. Mayor, I withdraw my motion. Any other matters to coma b•�fore this Commission? Father Gibson: No, wait a minute, man. wo lre running a businass. Do you mean to tell me we're willing to go home and not know... V..r. Plummer: I wasn't. I made a motion. Father Gibson: What would 'happen to the City, pray tell me. If anybody can tell me I won't... mayor Ferre: Look, let's face the issue, huh? Mr. Fosmoen does not havo t he support of three members of thi : Commission. �' r. I I I unlnw r: AL l h.i s t: i.me . tLip't At l hir.. t.illle. t•Iayor 1'errc: I think it is foolish to continually clay what I think, with all due respect, is not a very reasonable game. If you don't liko he man, and you don't want to support him, then say so. And then don't :support him and we'll go get another City Manager. But I think to ko op ,his man on this kind of a string, just to pull the string every once: .n a while and yang: his cord a little bit, is neither good for Mr. Fosmoen, 198 Est �'�• l•1.i•J Mayor Ferre (continued): it's not good for the City of Miami, and it's certainly not good for this Commission. No -.a either we fish or cut bait. You don't want Fosmoen? Fine. Then stand up and say, I don't want Fosmoen, and that's the: end of it. And we onit... Fosmoen has two votes and he knows that he has to go get himself another job. I think we have to be generous about it and let him have a little bit of time and just get on with it. And we'll go find a new City Manager. Father Gibson: Mr. mayor, let me ask you. Didn't we advertise and we weren't able to coma with any decision on any of those. Mayor Ferro: Do you want to vote for Tony ojeda? We'll get to Carollo...because Carollo says he's willing to vote for Tony Ojeda and we'll solve this problem right now. Because I'll tell you, I'm just tired of playing games. ....right. now. I'll make you a bat I can get Carollo back here. Father Gibson: You know where my vote is. The only thing that I just... Mr. Plummer: You think he'll got over his fever in a hurry? Father Gibson: Are we ready to vote? Mr. Plummer: I'm ready to go home. I wit'idrew my motion. Father Gibson: Well we can't leave here and not have something to go on. Mr. Plummer: Why can't we? Mayor Ferret Well, I think what you're doing then is you are letting Mr. Fosmoen go as of tonight. Mr. Plummer: That's your decision. Mayor Ferret No, that's not my decision. I think it's a decision that's been made by this Commission by not, you know, ,you want him and you don't want him. Well if you don't want him, just say so and then let's go. Say it. Right on the record. 1 don't want you as Manager and let's get out of here. Let's get another City Manager and stop worrying about it. (INAUDIBLE COMMENT SPOKEN AWAY FROM THE PUBLIC RECORD) Mayor Ferret Father, we may as face the reality in this situation. This man only has two votes from the City...we cannot have a healthy city without a Manager and to have a Manager that is and isn't a Manager is to have no Manager. lie's completely hampered. He cannot function as a City Manager, and it is unfortunate. I think it's terrible but that's where we're at. Father Gibson: What's even worse, is to go out of here tonight and... Mayor Ferret ...I'll tell you what I'm willing to do. I'm willing to put if off until November 6th, until we have a full Commission here and decide it then. But I don't see that there's any reason to put this off any further. We don't need to go to January. Mr. Plummer: Mr. Mayor, excuse me. Just so the record is clear, I was just giving the latitude. I didn't necessarily mean that we would have to go to January the 1st. I was just including that as a suggestion. It didn't preclude us voting anywhere in between. Okay? I'm just butting that on the record. Mayor Ferret Fine. I'll telllou, if you want to make a motion until November the 6th, that's fine with me. We'll have a full Commission and we'll decide it then. But I don't think there's any sense in perpetrating and continuing this thing. It's either, you know, if you want the man as the Manager, that's fine. If you don't let's in fairness to him, rather than keep the man on a string and have 199 ist OCT �1. 0 9c,',w Mayor Ferre (continued): him... it's like the cat with the mouse, you know, that keeps him alive long enough so he can play with him a little bit longer and all that stuff. If you want to kill him, kill him, man. Kill him. But don't let him half life and half death stuff. So if you want to make the motion, until November 6th, I'll go along with that. Do you want to move t? Father Gibson: Yeah, I'll move.... Mayor Ferre: Plummer, do you want to second that until November thy: 6th? Mr. Plummer: I withdrew my motion. Father Gibson: Well Mr. Mayor, we cannot eave here tonight and not have a Manager because the City then can'-. run. I ... i£ we want to wait until November the Gth, I move. Mayor Ferre: Yeah, .but you don't have a s-:cond. (INAUDIBLE COMMENT SPOKEN AWAY FROM THE PU:kLIC RECORD) Mayor Ferre: Huh? Sure I'll second it bu: that means you clot a two to two vote which means that motion did no7- pass. Mr. Plummer: Well Mr. ,Mayor, once again yo.r are supposing members of. this Commission... Mayor Ferre: Fine. I will second the motion that Fosmoetl's death date be extended from November 1st to November the Gth. Okay. You chair the meeting. Mr. Lacasa: Th:-re has been a motion and a second. I]iscussion? Call the roll. THEREUPON THE FOREGOING MOTION was introduced by Commissioner Gibson and seconded by Mayor Ferre and defeated by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Vice -Mayor Armando Lacasa *Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Joe Carollo ON ROLL CALL: *Mr. Plummer: Based upon the motion, as worded, I vote no. Mayor Ferre: Anything else to come up before this Commission. Mr. Plummer: Now, if you want to make a m otion in plain, simple language, without playing games... Mayor Ferre: I'm not playing games. Mr.. !Mummer: Well you said his death date:. I heard the word. As Father says I know the English language. If you want to postpone it until November the 6th, make that in the 1°ormof a motion, I'll vote for it. Mayor Ferre: But that was the motion. Mr. P.lurruner: No. You inserted the words death date. You're speaking t.0 a t ur:ural director. I know what death means. 200 Lst 0 CT Mayor Ferre: Would the maker... Mr. Plummer: The Mayor inserted the words death date. Father Gibson: What date you said you will go for? Mr. Plummer: November Gth is fine w.th me. Mayor Ferre: All right. Okay. You're right. Let's not play games. Read the motion the way it is, please. (AT THIS POINT, THE CITY CLERK READ THE MOTION INTO THE PUBLIC RECORD) Mayor Ferre: Okay. That's my motion. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 80-800 A RESOLUTION APPOINTING RICHARD FOSMOEN AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE CONTINUED APPLICABILITY OF HIS WRITTEN STIPULATION 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 NOVJ.MBER 6, 1980. (Here follows body of resolution, omitted here but on file in the Office of the City Clerk) Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Ferre NOES: Vice -Mayor Armando Lacasa ABSENT: Commissioner Joe Carollo. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 11;30 P.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk . 2�1 MAURICE A. FERRE Mayor OCT 3 O 198O 41 CITY F NNAMI DOCUMENT • mus4ri VO OATS: �} IMCOIA Di Tt �4 OCTOBER 30, 19 80 - QFINDEX. � ITEM NO DOCUMEW IDENTIFICATION COMMTSAPIAhl RETRIEVAL 1 2 3 0 E L 7 8 9 1.0 1.1 .12 13 COMMISSION AGENDA AND CITY CLERK REPORT 0069 MASTER PLAN FOR BAYFRONT PARK R-80-751 80-751 AUTHORIZING TRANSFER OF FUNDS IN THE AMOUNT OF $100,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM CAPITAL IMPROVEMENTS FUND AS AN ADVANCE PAYMENT OF AD VALOREM TAX R-80-757 80-757 AWARD CONTRACT TO M.A.I. APPRAISER, SLACK, SLACK, & ROE, INC., FOR PROFESSIONAL SERVICES IN THE AMOUNT OF $5,000 TO CONDUCT APPRAISAL IN CONJUNCTION WITH PROPOSED LEASE AGREEMENT WITH BAYSHORE PROPERTIES, INC. FOR CITY WATERFRONT PROPERTY KNOWN AS 'COCONUT GROVE MARINA (KELLY PROPERTY)" R-80-758 80-758 RESCINDING RESOLUTION 79-754 AUTHORIZING CITY MANAGERS TO PURCHASE IN LIEU OF CONDEMNATION TWO PARCELS OF LAND LOCATED AT 2200 N.W. 7TH AVENUE FOR A SUM OF $440,000 R-80-760 80-760 AMENDING SECTION 1 OF RESOLUTION NO. 80-407 WHICH AUTHORIZES CITY MANAGER TO DEMOLISH UNSAFE STRUCTURES RESULTING FROM THE MAY 17-19 1980 CIVIL DISTURBANCES: ALLOCATING $247,000 OF 5TH YEAR COMMUNITY DEVELOPMENT FUNDS R-80-761 80-761 ACCEPT BID: AWNING CRAFT, INC.-REHABILITATION OF MULTI -FAMILY BUILDING R-80-762 80-762 ACCEPT BID: M. CARTER BUILDING CONTRACTORS,INC. REHABILITATION OF MULTI FAMILY BUILDING R-80-763 80-763 ACCEPT BID: HOLLYWOOD CHRYSLER PLYMOUTH-2 FIFTEEN PASSENGER VANS AND 2 WHEELCHAIR ACCESIBLE BUSES R-80-764 80-764 AUTHORIZING INCREASE IN CONTRACT IN THE AMOUNT OF $32,670 BETWEEN THE CITY OF MIAMI AND JOE REINERTSON EQUIPMENT COMPANY FOR CONSTRUCTION OF ADDITIONAL DRAINAGE AND PARKING LOT IMPROVEMENTS AT THE MMPD PARKING LOT R-80-765 80-765 ACCEPT BID: BEN HURWITZ, INC. DINNER KEY. DEMOLITIO OF 5 BUILDINGS R-80-766 80-766 AUTHORIZING CITY MANAGER TO PAY THE AMOUNT OF $29,961..55 TO THE FIRM OF BROWN, WOOD, IVEY,MITCHEL AND PETTY IN CONJUNCTION WITH CITY'S SUCCESSFUL SALE OF BONDS FOR THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ON AUGUST 7, 1980 R-80-767 .80-767 PROVIDING A MAXIMUM AMOUNT OF CASH ASSISTANCE IN THE AMOUNT OF $5,000 FOR THE THIRD ANNUAL OKTOBERFEST R-80-768 80-768 UIM DOCENTlNDEa' CONTINUED PAGE # 2 :TM NO. DOCUMENT IDENTIFICATION COMMISSION— RETRILVA i 14 RESCHEDULING REGULAR CITY COMISSION MEETING OF 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NOVEMBER 13, 1980 TO TAKE PLACE ON NOVEMBER 6, 1980(PLANNING AND ZONING AT 7:00) NOVEMBER 27, 1980 TO TAKE PLACE ON NOVEMBER 26, 1980, AT 9:00 RESCHEDULING REGULAR CITY COMMISSION MEETINGS OF DECEMBER 11 and 25, 1980 TO TAKE PLACE ON DECEMBER 17, 1980 (PLANNING AND ZONING AT 7:00) ALLOCATING $25,000 FROM SIXTH YEAR COMMUNITY DEVELOPMENT.' BLOCK GRANT FUNDS TO NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE INC. ACCEPT COMPLETED WORK: FRISA CORPORATION -WEST END STORM SEWER PROJECT RAT.'IFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF THE AGREEMENT WITH THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM AND SENIOR AIDES PROGRAM OF DADE COUNTY FOR THE COORDINATION OF SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM PROVIDING FOR VALIDATING THE ISSUANCE OF $45,000,000 SANITARY SEWER SYSTEM BONDS PROVIDING FOR VALIDATING THE ISSUANCE OF $30,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS CONSTRUCTION, OPERATION, REGULATION AND CONTROL OF CABLE TELEVISION SYSTEMS ALLOCATE $824,581. FEDERAL REVENUE SHARING FUNDS FOR SOCIAL SERVICE AGENCIES; AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENTS APPOINTING ALFREDO MENDOZA VICE CHAIRPERSON OF WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA FORUM,ETC NOGUCHI PLAN BAYFRONT PARK AUTHORIZING DEVELOPMENT ORDER NASHER PLAZA PROJECT PERMIT CONSTRUCTION OF A DEVELOPMENT OF REGIONAL IMPACT (NASHER PLAZA) CHILDREN'S GARDEN 1523 & 1.529 S.W. 3RD STREET APPEAL BY JO-BEAL INC-DUPLEX AT 4617 N.W. 2ND TERRACE APPROVE WILBUR SMITH AND ASSOCIATES TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DOWNTOWN GOVERNMENT CENTER PARKING PROJECT; ALLOCATE $100,000 APPROVE THE MOST QUALIFIED CONSULTING FIRMS TO PROVIDE FINANCIAL ADVISORY SERVICES FOR DOWNTOWN GOVERNMENT CENTER PARKING PROJECT, AUTHORIZE MANAGER TO NEGOTIATE CONTRACT. RESCHEDULING OF DISCUSSION IN CONNECTION WITH APPOINTMENT OF CITY CITY MANAGER R-80-769 R-80-770 R-80-771 R-80-772 R-80-773 R-80-774 R-80- 783 R-80-784 R-80-787 R-80-789 R-80-790 R-80-791 R-80-792 R-80-795 R-80-797 R-80-798 R-80-800 80-769 80-770 80-771 80-772 80-773 80-774 80-783 80-784 80-787 80-789 80-790 80-791 80-792 80-795 80-797 80-798 80-800