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HomeMy WebLinkAboutCC 1980-09-25 MinutesCITY OF, MIAMI �' 1000QD mRi4¢� ft 0 0� •a COMMISSION MINUTES OF MEETING HELD ON September 25, 1980 (REGULAR) (PLANNING & ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK ►ITEM N0, 1 2 3 4 5 8 9 10 11. 12 13 j 14 15 16 17 18 19 21 IND CITYjCOM�iISSI�'J OF M1PNI,��LARTg4 SEPTEMBER 25, 1980 5NECT (REGULAR-P & Z) rSOl NANE LUTCION104 PAGE NO, PERSONAL APPEARANCE-MtVNOLO REBOSO-FOUNDATION FORMED TO FURTHER RELATIONS BETWEEN MIAMI AND BUENOS AIRES DISCUSSION CITY COMMERCIAL MARKETING AND PROMOTION EFFORTS PRESENTATION DISCUSSION (a) COMMISSION INQUIRY -SPECIAL TAXING DISTRICTS (b) DISCUSSION OF CITY COMMISSION MEETING FORMAT DISCUSSION IMPLEMENTATION OF PLANS TO INCREASE POLICE PATROL DISCUSSION GREENLEAF-'lELESCA PROPOSED WATSON ISLAND MARINA DEVELOPMENT PRESENTATION R-80-681. ECONOMIC DEVELOPMENT - WYNWOOD TARGET AREA DISCUSSION LEASING OP GOODYIEAR AIRCHIP BASE FACILITY TO DADE HELICOPTER SERVICES M-80-682 DIRECT I'EASIBILITY STUDY OF EATAiiLISHIMLNT OF PR'I:;itiRY HEALTH CARE CENTER AT LITTLE HAVANA COMMUNITY CENTER M-60-683 DISCUSSION 01' POSSIBLE REDEVELOPMENT OF SCOREBOARD AT THE OPv\:AGE BOWL. STADIUM DISCUSSION AUTHORIZE CITY MANAGER TO ACCEPT PAYMENT OF $6,000 FROM U.S. DEPARTMENT OF COMMERCE, MARITIME ADMINISTRATION "TWELVE MEET:INC OF INTER-AMERICAN PERMANENT TECHNICAL COMMITTEE ON POSTS" R-80-684 FIRST READING ORDINANCE; ESTABLISH NEW TRUST AND AGENCY FUND "MARITIME ADMII4ISTRATION CONFERENCE" ON PORTS" FIRST READING ACCEPT BID: SIDEWALK AND STREET LIGHTS COCONUT GROV BUSINESS AREA R-80,685 ACCEPT BID: BISCAYNE BOULEVARD BEAUTIFICATION PROJECT N.E. 53RD STREET TO N.E. 87TH STREET I R-80-686 ACCEPT BID: AUTOVATIC OFF-LINE COLLATOR FOR DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE R-80-687 ACCEPT BID: HEAVY DUTY OFFSET DUPLICATOR FOR DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE R-80-688 AUTHORIZE CITY 'MANAGER TO REIMBURSE "FARREYS HARDWARE" $10,400 DEMOLITION & CLEARNACE COSTS - MAY CIVIL DISTURBANCES R-80-689 AU'.LIHORIZE CITY MANAGER TO ACCEPT GRANTS: "nANZA FESTIVAL-4TH YEAR" R-80-690 CHANGE NAME OF CITY OF MIAMI ADVISORY COUNCIL ON ECONOMIC DEV. TO: CITY OF MIAMI ADVISORY COUNCIL ON TRADE AND CO*fERCE DEVELOPMENT R-80-691 TliANS'vER AVAILABLE FLORIDA POWER AND LIGHT FRANCHIS FEES TO THE GENEiR L FUND R-80-692 CLAIM SETTLEMENT: ZSIGMOND SZABO AND AVA SZABO R-80-693 1-3 3-18 19-27 27-38 38-42 43-44 44-47 48-49 50-55 55 55-56 56-57 57 58 58-59 59 60 60-61 61 61-62 "ITEM N0, 22 23 24 25 26 27 28 29 29.1 29,2 30 31 32 33 34 35 36 37 38 39 40 1 10 IaX CII I, IJJIUY Uf 1'IlWF dRIDA PAGE 71 Z SEPTEMBER 25, 1980 SUMECT (REGULAR- P & Z) CLAIM SETTLEMENT: ISABEL RODRIGUEZ CLAIM SETTLEMENT: BETTY VON SEGGERN CLAIM SETTLEMENT: GEORGE D. SMI`i'H AND DORIS W. SMITH QUIT CLAIM DEED TO DADE COUNTY: 57TH AVENUE BETWEEN S.W. 8TH STREET AND N.W. 7TH STREET AUTHORIZE PAYMENT: $249,039.10 LEGAL SERVICES BROWN, WOOD, IVEY, MITCHELL AND PETTY CONVENTION CENTER AUTHORIZE FINAL PAYMENT: $32,500 LAVENTHOL AND HORWATH C.P.A. FOR FINANCIAL FEASIBILITY STUDIES CONVENTION CENTER EXTEND CONSTRUCTION' IdANAGE;IENT SERVICES AGREEMENT Ml.MI CENTEI? ASSOC.%A7TES/CONVENTION CENTER CONSENT AGENDA ACCEPT BID: FIRE FI(;HTER IIELMETS-FIRE DEPARTMENT FIREFIGHTERS 'EQUIPMTENT CO. ACCEPT COMPLETED WORK; SABRE CORPORATION/ORANGE BOWL UPPER LEVEL CONCESSION i PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS EMERGENCY ORDINANCE: APPROVE APPROPRIATIONS FY-1980/81 DEPARTMENT OF OFF-STREET PARKING EMERGENCY ORDINANCE: APPROVE APPROPRIATIONS FY 1980/81 DEPARTMENT OF OFF-STREET PARKING SECOND READING ORDINANCE: AMEND CITY EMPLOYEES RETIREMENT "SYSTEM" I SECOND READING ORDINANCE: AMEND CITY EMPLOYEES RETIREMENT "PLAN" EMERGENCY ORDINANCE: PROVIDE FUNDS FOR INCREASED COSTS MACHINERY AND EQUIPMENT REPLACEMENT EMERGENCY ORDINANCE: APPROPRIATE $7,908,786 SPECIAL FUND FEDERAL REVENUE SHARING FY 80 EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR ENTERPRISE FUND: ORANGE BOWL & MARINE STADIUMS DISCUSSION AND TEMPORARY DEFERRAL: MIAMI IMAGE 80 (SEE IATER SAME MInING) PERSONAL APPEARANCE: IRBY MCKNIGHT-CULTURAL ADVISORY C(1UNC'fL OF OVERTOWN PERSONAL APPEARANCE: JOHN THOMAS REQUESTING EXPEDITIOUS CONSTRUCTION OF NEW DOCICMASTERS OFFICE pQRDRDI NMCE KESOWTION�0. PACE NO, R-80-694 R-80-695 R-80-696 R-80-697 R-80-698 R-80-699 R-80-700 R-80-701 R-80-702 PROCLAMATIONS ORD. 9166 ORD. 9167 ORD. 9168 ORD. 9169 ORD. 9170 ORD. 9171 ORD. 9172 I DEFERRAL M-80-703 DISCUSSION 62 63 63 64 64-65 65 66 66 66 67 67 68 70 72-76 76-78 79-80 80-81 81-82 82-84 84-87 88-89 - - owAnnow 'a Io, 41 42 43 44 45 4 •j 47 48 49 50 51 52 53 54 55 56 57 58 59 uu Is 1m C I �'%"l SSIa`JTOF MIA�iI�,,ORIDA SEPTEMBER 25, 3.980 SUBJECT (REGULAR - P &L) PAGE # 3 DI WCE0R SOWTIQN NO, PAGE N06 DISCUSSION ITEM: CONTINUED I'UNDING REQUEST FOR NEW WASHINGTON HEIGHTS C.D. CONFERENCE DISCUSSION 89-92 GRANT $2,500 TO URBAN LEAGUE FOR PROMOTION EFFORTS GOLF TOURNAMENT-MIAMI SPRINGS GOLF COURSE M-80-704 92-95 PUBLIC HEARING: PROPOSED RENT CONTROL ORDINANCE DISCUSSION 96-111 PERSONAL APPEARANCE: JOSE MENDEZ-ECONOMIC DEVELOPMENT FUNDS IN W)NWOOD TARGET AREA DISCUSSION 111-114 PERSONAL APPEARANCE: GREGG GILLINGHAM-ALL HALLOWS EVE DISCUSSION 114-115 ' DISCUSSION ITEM: MULTIPLE PURPOSE TAXING DISTRICTS DISCUSSION 115-118 GRANT REI;UESi FOR IiRIEF CLOSING OF FLAGLER STREET AND SUPPLY llk L•IC1:;•fLN; FOR SCREENING OF NE14 FILM DEPICTING THE HISTORY OF THE CITY OF MIAMI M-80-705 118-119 M-80-706 PERSONAL APPEARANCE, MARTIN FINE, ATTORNEY REPRESENTING KEYES C,OMPA,N'Y REGARDING "BRIDGE" ABOVE N.E. 2 COURT FOR NEW BUILDING DISCUSSION 121-124 DISCUSSION AND 'TEMPORARY DEFERRAL: INTERIM AGREEMENT BAIL POINT (MIAMI CENTER) SEE LATER SAME MEETING DISCUSSION 124-125 r BRIEF DISCUSSION: GOODYEAR BLIMP RASE LEASE DISCUSSION 125-126 E,'-IERGENCY ORDINANCE: INCREASE APPROPRIATIONS TO GENERAL FUND TO ALLOW RECOVERY OF INDIRECT OVERHEAD EXPENSES FOR FY 80 ORD. 9173 126 EMERGENCY ORDINANCE: INCREASE CAPTTAL APPROPRIATION ORDINANCE; TO ALLOW RECOVERY OF INDIRECT OVERHEAD EXPENSES FOR FY 80 ORD. 9174 127 REQUIRE INTERIM TRAFFIC IMPROVEMENTS PRIOR TO ISSUANCE OF C.O.-DEVELOPMENT ORDER BALL POINT, MIAMI CENTER PROJECT R-80-707 128-134 ACCEPT BID: OFFICE FURNITURE FOR SOLID WASTE DEPARTMENT R-80-708 134-135 EMERGENCY ORDINANCE: ESTABLISH NEW TRUST & AGENCY FUND "MIAMI IMAGE 80" PUBLICITY EFFORT ORD. 9175 135-136 GRANT 1-YEAR EXTENSION OF VARIANCE: APARTMENT HOTEL COMPLEX -PLAZA VENETIA PHASE II R-80-709 136-137 GRANT L-YEAR EXTENSION OF VARIANCE: CAFETERIA I 1 9 N.E. .14 STREET R-80-710 137 ACCEPT PLAT: MODEA, ESTATES SUBDIVISION R-80-711 137 ACCEPT PLAT: BLATR TRACT R-80-712 138 ACGLPT PLAT: RIOS SUBDIVISION R-80-713 138 10 NO, 61 62 (a) 62 (b) 63 64 63 66 67 68 69 70 71 72 IBEX CITY'iISSIQJ OF MIAMI, FLORIII4 fl: 1ST AND 2ND READING ORDINANCE: AMEND ARTICLE XXIII •SECTION 2(2) OFF-STREET PARKING AND 'LOADING REDUCE DIMENSIONS OF BOTH STANDARD AND COMPACT SPACES FIRST READING ORDINANCE -CHANGE. -ZONING CLASSIFICATION: 2-98 N.W. 2ND AVENUE-R-44 AND C-4 TO GU AND APPROVE CONSTRUCTION OF CENTRAL UTILITY PLANT AND PARKING GARAGE (AGENDA ITEMS 2(.a) AND (b) APPLICATION BY METRO DADE COUNTY APPROVED TO CONSTRUCT AND OPERATE A CENTRAL UTILITY PLANT AND PARKING GARAGE AT APPROX. 2-98 N.W. ?.ND AVENUE FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION AT APPROXIMATELY 3215-45 AVIATION AVENUE/R-4 TO R-C DEFERWU, OF CONSIDERATION OF A FIRST READING ORDINANCE REQUEST FOR CN.ANGE OF 'ZONING: 2172 N.W. 3RD STREET AND 2165 N.W. 2ND S'iREET-APPLICANT TO SUBMIT NEW PLANS TO PLANNING DEPARTXENT FIRST READING ORDINANCE.': CHANBE ZONING CLASSIFICATION 230 S.W. 57TH AVENUE FROM R-3 TO C-2 DENIAL OF APPLICATION FOR CHANCE OF ZONING: 4650 N.W. 7TII STREET DISCUSSION AND DEFERRAL OF PERMISSION TO MODIFY REQUIREMENTS DEVELOPMENT OF REGIONAL IMPACT -NASTIER CENTER DISCUSSION AND DEFERRAL OF REQUEST FOR CLOSURE OF N.W. 4TH TERRACE BETWEEN N.W. 37 AVENUE AND 36 COURT - OWNERS OF PROPERTY TO RESUBMIT PLAN DEFERRAL OF CONDITIONAL USE PERMIT FOR MINI - WAREHOUSES - 2055 N.W. 11TH STREET INSTRUCT CITY ATTORNEY TO OBTAIN INPUT FROM OTHERS .CITIES FOR POSSIBLE LAWSUIT AGAINST U.S. CENSUS BUREAU FOR UNDERCOUNT OF MIAMI, PARTICULARLY IN HISPANIC AND BLACK AREAS AUTHORIZE CITY MANAGER TO ACCEPT GRANT: OVERTOWN NEIGHBORHOOD SHOPPING CENTER APPOINTMENT OF PERSONS TO CITY OF MIAMI OFFICE OF PROFESSIONAL COMPLIANCE COMMITTEE PAGE # 4 rS E o�OWTION 0,PACE NO, OLUTI I ORD. 9176 6 FIRST READING I R-80-714 FIRST READING M-80-715 FIRST READING M-80-716 I M-80-717 M-80-718 DISCUSSION M-80-719 R-80-720 R=80-721 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * On the 25th day of September:, 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 9:05 A. M., by Mayor Maurice A. Ferre with the following members of the Commission found to be present; Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor ;Maurice A. Ferre ABSENT: *Vicu,-Mayc•r Armando Lacasa *NOTE: Commissioner. Lacasa **Commissioner Joe Carollo Entered Meeting 9:10 A.M. ALSO PRESENT: **NOTE: Commissioner Carollo Entered Meeting 9:15 A.M. R. L. Fosmoen, City ?Manager George F. Knox, City Attorney Ra).ph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to approve the minutes of June 26, 1980 Commission Meeting was introduced by Commissioner Plummer, and duly seconded by Commissioner Gibson, and was passed and adopted. 1. PERSONPL APPEARADICE - M ITOLO REEOSO - FOUNDATION FORMED n FURT;iER RELATIONS BETWEEN MIANdI AND BUENOS P.I?.ES Mayor. Ferre: Good morning, ladies and gentlemen. We have before us the regular City of. Miami Commission meeting. Ladies and gentlemen, we have, before we get into our regular agenda, Commissioner Armando Lacasa made the motion and the City of Miami Commission passed unanimously the creation of a Sister City Committee. And former, our former collegue, Manolo Reboso was appointed as chairperson of that committee, even though the committee is not fully existent at this time because it has not been named. But at this time, I would like to recognize Manolo Reboso, and welcome him back to City Hall. Mr. Manolo Reboso: Thank you very much Mr. Mayor, Father Gibson, Commissioner, Vice -Mayor Lacasa. Last week we went to Argentina and had the pleasure to meet, on two occasions, with the MayQrwof the City of Buenos Aires, Brigadier Osvaldo Cacciotori. -'_ woul.d,like to say that the trip was very ­!-!:—t i•on cathe City of Buenos Aires was very, very enthusiastic about. the Sister Cit�orogram. And they decided to form the Sister Cities Foundation, Buenos Aires -Miami. At that time, they SEP 2 51980 r Mr. Reboso (cont-inued): appointed the chairnUrn o.0 the foundation, architect George Burnstein. And since Mr. Surnstein is in Miami today, I will take the opportunity to present to the City Commission the new chairman appointed by the Mayor of the City of Buenos Aires. Ceorge. Mayor Ferre: Than}: you very much for being hone today. Perhaps you can tell us exactly what the purpose of the foundation in Buenos Aires is, and what your recommerid cet.ion might be. Mr. Reboso: Y,.:s, tide foundation i5 .-ormed by private citizens, and they are funded according to what architect Burnstein explained to me, they already have funded the foundation in excess of fifty thousand dollars. And the purpose;, of course, is to close the relationship between the city's of Buenos mire, any; Miami, and exchange people. And other conversations we have had, they are eager to participate if Mr. Evelio Ley goes on with his plan to have the mf: et.i.ng of the Mayor's of Latin America in the beginning c,f 1981. Mayor osvaldo Caccitori is eager also to participate in that. proposal. Mayor. Ferro: 7'ije m,'rta.rlcf or ;,Iaycjr's, Latin American Mayor's this year is in tiraguay, and :i t: i s S.n Novamber. And one of: tha things that. 1 hoped we might be able to occor:;,:,lish i:; to invite them to have a future meeting in Miami. And 'I thliik th-.0; a ronUaitt0c, such as the one that you're now chairing, can serve than purpose very well. Mr. Reboso: M.C. M�i.c,r, do you think we can have the possibility of inviting them to have tijQ ra•,, t i n�, in l4.Lam.i in 1987? Mayer Ferro: Sure. "'lat' rxactly what I'm sayirv7. That I think that serves ... these aru thn types of things we could be doing. Mr. Lacasa: in ae mcaritimr., Mr.. Mayor, 7'd like to put on the record the followinq, }Je:cjruse I had the opprtuni.ty about two months ago to go to Buenos Aires. And my visic to Buenos Aires was in the aftermath of the situat.ion tt-,at had here about the riots, and the question of the beginning of the exo6irs of. the Cuban refugees. At that particular time, there was a real ir, ,:Inc: City of Buenos Aires, which I believe was hared by the rest- c�f trie nation about the: :situation in Milani. In Buenos Aires, Argentina, is ono of the most important Latin American countries as far as our aroa is concerned in relation to trade, tourism, and investments. 5o for us, it iz that the image of the City of Miami be preserved in that particular country. So Mr. Reboso, I'd likes to thank you on behalf of the city of Miami for your efforts towards improving our image in Buenos Aires and express our deep appreciation. Mr.. Rebo:>o: Thank you very much. Mayor Ferre: The resolution then that I now havo reads as follows: "Whereas the: City of Miami :signed a sinter city agreement with the City of Buenos Aires on April 4 of 1979; and Whereas both cities have sponsored a number of exchanges which have included business to Miami by the Mayor of Buenos Aires, Brigadier Osvaldo Caccitori, and by the City Manager, Lt. Col. Miguol Miorre; and Whereas ,1z,yrar Maurice Parrs and Vicc:-Mayor Armando Lac:a ,a hive: had several official visits to Buenos Airei, a:; well. a�; former City of Mi--uni Conuni.-is inner tdanol.o Reboso, who visited the Argo nti.nu rapi.taa reuently as a city reprosentative; and Whereas a sister City's kioard has'reeently been established in Miami, presided by Manolo Reboso, S E 10 u J 1980 ist whose recent visit to Buenos Aires served to establish a Sister City Foundation there, under the Chairmanship of Jorge Burnstein; now Therefore be it resolved by the City Commission of the City of Miami, Section 1. to establish in the City of Miami a Miami -Buenos Aires Sister. City's Foundation, passed and adopted on the 25th of September" Mayor Ferro: And if you would both step forward, we could have a picture taken with the Commission. 2. CITY COI%lERCIAL IUr X' (BTING AND PROI;OTION EFFORTS PRYSENTATION Mayor Ferre.: we're now on item number "A", status report on the City's coirmercial marketing and promotion efforts. Mr. Fosmoen: Mr. Mayor, and members of the Commission, several months ago you approved a contract between the City and Media Department II to prepare a marketing and promotion strategy for our efforts in economic development. We'd like to spend a few minutes with you this morning reviewing that strategy, bringing ybu up to date on where we're at. Mr. Castano will brief you. Mr. Julio Castano: mr. Mayor, members of the City Commission, good morning. Six and a half out of our ten members of our labor force work in trade and services. If we add government employees in this area, we see that an estimated eight cut of ten of our workers are employed in the, or by this industrial sector. Of these, and the remainder twenty percent, one third, thirty-three percent, are directly related to foreign trade. We can simply say that international trade to Miami is a catalyst to our service industry. We look at some recent banking activities, we see that Miami has been placed with about twenty-one approved edge -act banks, and four pending at the Office of Florida Secretary of State for approval. And if we compare that with New York, we'll see that very soon we'll surpass them at the beginning of next year. Also, there are some recent figures by the Department of Commerce that claim that approximately seven point five billion dollars in trade left our Port, our airport and our seaport, in 1979. This makes Miami the second international trading city in the hemisphere. Mayor Ferre: Is that import and export? Mr.-Castano: Right. Mayor Ferre: In and out? Mr. Castano: Total... Mayor Ferre: Export. Mr. Castano: Exports right. Nbw these ficj)ares may be very outstanding just alone, and they are a our .:ity, but if you combine them, you can projectia tirowth pattern that will place Miami in a leading position in international trade for the Americas and make our need for twenty-seven thousand new jobs a year. That's what we need just a 0n D 2 51980 - ist . •... .�,.�...... . ,.� ,.;u:w�h'v:�Wuu�.vc#iN1ei NL-s' 1 ---yN�siiFW'Irha:tMNLtEI� 1 Mr. Castano (continued'): to maintain the line, a reality. And it does so, because international trade, in ;act, i:a a catalyst and the banking it ustry that we have .in Miami is the infra --structure, along with transportation, insurance, and the other service industires. The more trade that we have, the more growth you'll see in our service industry. Miami, nevertheless, has a very serious perception problem. If these face: are news to all. of ors, and I think they are, they are fairy tales to the majority of the world business community. This is, in short, a story of how to change: that perception. This morning, I'd like to calk about. what mai,,es up Miami as a market, what Miami's markets are, and how to seek them, and 'now to attain them. Mr. Mayor, members of the City Commission, today you will be addressed by several individuals. You'll ne addressed by the Chairman of our International Marketing Committee, Mr. Dennis Nathan, who is the senior vice-president and general manager of Banco de la Nacion Argentina. He's a volunteer with us. He's dedicating goat deal of time to the City. Also, you'll be addressed by Mr. Ken Kuen, who i.:> the president of Media Department II, is an agency of 1-eco.rd for our advertising, Miss Gloria Marina, who is our division d.irec-tor for marketing, and Miss Gail c..ogan who is our manager for special events, seminars, and trade fairs. At this time, I'd like to introduce Mr.. DennisNason. 'thank you, sir. t ria%­i erre: c;ood ❑wr:i.inr. ',r. Dennis Nason: r:,00d morning Mr. Mayor, Mr. Commissioners. It's a pleasure to be here with you this morning. Especially after seeing that Buenos Aires wvas, namta a sister city of Miami. I've been asked by the ,Iar:l;etirg Promot.:icn D-ivision of the DeparLment of Trade and Commerce to a,.si:,t in their I think it's Vary important that we understand from t..c bc!(iinning what the goals, the over goals of the division are. ^ili ,.,, are more investments :in the City of Miami, an increased trade and con• , ce i�Or tl"1f_• city which will result in more jobs and greater tare r,rvenue . What are mi ami l s characteri-stics which make it an attractive pl;.rce to invest and from which to see}: out trade? Lets take a look at the City's charac:te:r:ist.ic,: which'give it a competitive advantage. Its guQgi:aphic location, of course with its dominance of the Car.ribbean. You ,also must incl.udo t:he vary fine weather that Miami has which attracts a ).ot of vi.:: itor•s c=rul also a i.ot of business into the City. The bilingual and hi-cui.Lur:al is very, very important in our future growth in trade. The transportation facilities, and not to overlook the fact that some severity airlines are connected in Miami. We have ports and free ports here. The coinmuni.cat:ion facility, this is very important when you'ro comparinri ,t.iarni with such places as Panama and other Latin American centers. The supportiv innerstructure is very important. I think we tend to forgc,t thn, when we're looking and the infrastructure that we have .large ratmburs of }Motels, and almost Limitless dollar financing with the number of edge act banks and other banks coming into the community. Miami is a city :in which there is almost unlimited funds available for growth. We have universities which are being very supportive in this activity. The prcfensional labor.force, which is competent and abundant, is also one of our key characteristics which helps us. The taxes, looking -at it from the banl:inq standpoint, which all taxes are very favorable, from the banking standpoint the taxes are probably the most advantageous of any money market :in the United States. There is a scarcity of industrial average but if we Look at the abundance of first class office space, and the type of jrcwth the City will. have, I think this scarcity of industrial acr."e,age is more than compenstrted .by first class office bu.i.l.d.i.ngs. The pro business attitude of local and state governments is vary supportive in this effort to increase trade. And I think the good infonnat.i.on available maker it easier for companies wanting to come into the City of ,Miami.. Also, the closo coordination and the working of chc �;t:ate and .loc,%]. cjov(:!rnments towards the same objective, makes it vary easy Col" j ooplo wanting to come into Miami to feel comfortable in this area. WO :;t;uuldn I t forget -the highly developed retail trade which l). .:.;s a lot of visitor, and also helps trade and commerce. The other thing, the infr,.rstruceure wu take for grantod, the housing, the schools, the YrospitalS, thO short commuti.na di.st:ancas, thi.nns t".h,at sometimes are criticized really are an advantage .for Miami when compared to other options, such as other base in Latin America. And I think the other thing that is not on the chart is the growing importance as a trade center.. Julio mentioned a few of the figures but I think if we get into S E P 2 51980 i5t 1 0 Mr. mason (continued): some: of the characteristics, and isolate Miami as a trade center....one or the things we want to do, of course, is improve our export base since exports create jobs, need investments and create a positive cash flow. However, trade is not a one way street. Many times imports are needed to establish exports, either as raw materials for value added, or to develop business trends and business contacts and develop trading{ patterns. Highlighting Miami's imports, you will see that our most important trading partners from the import standpoint, are our close neighbors in the Carribbean and South America. But I think one of the things that is very interesting to note is now Europe is increasing as a percentage of our :imy)or.t pattern. I think if we look at what makes up this consistency, it's equally important because Europe is beginning to use Miami as a bridge for re-exporting and for contact with Latin America. This is I think the key element from this Chart. These are the products that are imported in Miami, and I think it's also important, although we don't have an updated graph on the consistency o n this, most of those are food ,tuffs and animal and vegetable products. But we are getting more and more in the chemical and related products in thesemi-finished roods which are re-exported. Lets turn our sights to export, particular.11y Latin America. It is an area where Miami has a competitive advantage given its proximity to Latin America, and where Miami has strong ties. North and South America is our best market, with Venezuela attracting twenty percent of our exports, and c6bout one point five billion dollars in trade. Far out distancing the second trading partner which is Columbia which only has six point five percent.. Central America is becoming... .Mayor Terre: 'That'_! not counting everything. ;4r. Nason: Yes, right. We're talking about exports, not imports. (LAUGHTER) Central America is becoming important and this trend will continue giving their political problems. but I think more .importantly, we're starting to diversify our trade. Aryentina, for example, is one of the areas where trade ha.,., increased from thirty-eight million dollars to one hundred and seventy-five: million dollars. Arid on of the very important things with Argentina, and I can speak from personal experience, is this is a result of the trade fair.. I think the trade fair is one of the things that's had a very major impact, talking to Argentine importers from this particular region. Mayor Ferre: Would you do me a favor? Excuse the interruption but I think it's important that we document this. I'd be very greatzul if you would write me a letter oil your stationary with that statement. Would you do that for me? Mr. Nason: Yes, sir. I'd be very glad to. Certainly. I think, going to the next chart on exports, this is important to Miami., is the categories that we have. It's not all animals and commodities. For the most part, it's light. industry. And I think this is, looking at this, it dicates that wo have established trade patterns in these particular areas and I think this is the area of greatest growth. Mayor Ferre: Wait, before you pass it, please. Father Gibson: That first one, what does that mean? Mayor Ferre: We don't understand what the first one... Father Gibson: I notice you have... Mayor Ferre: And then enumerated products. What's that? Mr. Nason: Okay, sir. That is a very broad...basically, these are medical instruments, pacemakers, x-ray equipment, telecoimnunications... Father Gibson: All right. I, 1 Mr. Nason: ...office equipment,tlight industry type equipment, sir. It's a very broad category but this is how the figures are put together ist S E P 2 51980 Mr. Nason (continued): and conglomerated. The heavier equipment is in a lot of cases, transshipment through this area. But I think the first case is areas which give us an awful lot of growth potential in this particular area. Particularly when it's related to the next thing I'm going to talk about, and that is the jobs, employment. Now how does all this translate into .jobs? About seventy-eight percent of the commodities exported through Florida ports were produced in Florida. Using the latest available figures, which were in 1976 which was the last census, over one third of the new jobs created in Miami in manufacturing was due to export related Industries. And to get an idea of the impact of this, and this is back in 1976 which is the latest figures, all these are other figures here. Nine thousand one hundred and forty-eight thousand direct and indirect job: were created. Mayor Ferr.e: Excn.l5w me, I'm sorry. I just want to make sure. Lal'K r force. This is for what year now? Mr.. Nason: This is for 1980, sir. The next graph I have is for 1976. hiayor. Fer.rQ: why would it be May? That just happens to be the last figure: that we have."? Mr. Mason: The i,ist.f�tatistics that we have available. Mayor For.•re: 1 :7ee. And you say that in manufacturing we have rAriety nine thousand, ':unsLruction forty thousand, ;trade, trade one hundred and eighty-three. UNIDE',ITTFIEU Sf.''At:I;?.: Wholesale and retail. Mayor. Farre: That. inc-ludes all sales. Anybody that's selling an;lthing. Trade. Ms. Marina: insurance, real estate. Mayo:: FL3rre: Whats' "R"? Real estate. Okay. Services one hundred and seventy-two, yovermmr!nt, ninety-four, trans and public... transportation and public and thu total is seven hundred and ten. (INAUDIBLE: COMMENT SPOKEN AWAY FROM THE MICROPHONE Mayor Ferre: Or:e third is ... over two hundred thousand jobs. Where did you get that informaLS.;,u? (INAUD'IBLE COM,'tiaIT) Mayor Forre: I would like to question that. Because, no, I think it's less than that. I think we have,to be very accurate about this. Jan Legis of FII1 came out with a f i.gure of one hundred and twenty thousand people that are directly .involved in international trade and commerce. Now haw can you go .rain one hundred and twenty tc one third, which is two hundred and twarity-fi.vo thousand people? (INAUDI-13Lr STATEMENT SPOKEN AWAY FROM THE MICROPHON-E•a) Father. Gibson: M,,y I ask a...I, on the other sheet, when you were there you said :;oniethinq -:bout manufactures. I was interested in that. but I didn't want W stop...ciru you telling me we are doing that well in manufacturing in the State of Florida? Is that what you are telling me? Ms. 114ar.ina: According to the U.S. Commerce Department, seventy-eight percent of all t:h, exi)or'ts that go through Florida ports are manufactured in F.la ida. Of that seventy-eight percent, one third is manufactured in Dade County. Father. Gibson: WhaL? Mr. Plurnmer: Ls t ine tell od- what you're not saying and maybe you don't know. And this is an interesting thing. When they appointed me to that rax .revision coinm:i. si.on, you would be amazed how much stuff, manufactured goods is manufact-.urr-.d in Florida but delivered in Bimini outside of, to n � ; Mr. Plummer (continued): avoid simply sales tax. Example-. There is a very large manufacturer of yachts, that's a boat auove thirty feet if you're not familiar. They never deliver their boats in the State of Florida. They always deliver their boars in Dimini, and they avoid something in the neighborhood of ten, twelve thousand dollars in sales tax. So these figures are not reflective... Mayor Ferre: Sure they are. That's an export. If you're selling it to Bimini., that's an outside... Mr. Plwnmer: No, they take delivery in Bimini. Okay? Mayor Ferre: The sales does ... I see what you're saying. Mr. Plummer: Right. Mayor Ferre: In other words, the sale is not recorded in Florida, therefore, it's not on these figures. I got you. Mr.. Plummer: You know how far this thing goes, Maurice. Let me tell you. For example, you would be surprised how many automobiles are sold in Jacksonville, but are taken delivery in Georgia just to avoid. And that's why they were dying out for revision which would keep this business in the State of Florida and not: drive these people out. The second point is something that's going to be addressed, Mr. Mayor, in this upcoming referendum which are driving business from the State of Florida, and we should support, the inventory tax. It is a tax that cost more to administer that it generates in revenue and you find that it is taking and driving companies out of the State of Florida and keeping new companies from coming in. Mr. Mason: In that referendum, there is an issue that's very important. It allows the City's to give abatement, tax abatements to industries. The only thing that we're 1:aving problems with, in each individual case you hav,_ to go to referendum. So every time the City Commission would have to ,jive a tax abatement you'd have to take it out to the public. And I don't know what's... Mr. Plummer: No, not Each and every time, once you declare a boundary area, everything within that boundary is under the one referendum. Mr. Mason: Does that satisfy your question, sir? Further extrapolating on this chart of Peat Marwick, further extrapolating on this chart, Peat h,arwick estimates that one out of three persons in Dade County in 1985 will be either employed directly or indirectly in employment related to international transactions. Now that could be banking, it could be a number of things not necessar..ly••• Mayor Ferre: One out of how many? -Mr. Mason: One out of three persons in Dade County will be directly or indirectly related to employment related to international transactions. Mayor Ferre: Well that's what we have now. That's what you're saying we have now. One out of three. That's what that chart says. Is that correct? Mr. Mason: That's right. But it's also projected out through 1985 also by Peat Marwick. And as, wren you look at this and try to estimate that in jobs, and I won't try to come out with a difinitive figure, but when you consider that twenty-five percent of Latin American exports are shipped through Miami ports, and when you consider that the growth patterns in Latin America with a three point five percent growth rate, average growth rate► the ties that we have with Latin America when you transpose or entrapolate this into future J obs, it's going to be a significant number of new jobs created for the City of Miami that are related directly to exports. Now this; is the char�d� that I was referrring to, 1976, but this gives you an idea of ''buy.'% 11idustry and it maybe difficult to read there, by industry the number of annual new jobs that are export related, which are the red figures. And I guess one the interesting (AT THIS POINT, MR. NASON STEPPED AWAY FROM THE MICORPHONE. STATEMENT INAUDIBLE) ,07 5 E P 251980 is Mr. rason (continued); ...And this is exports by industry. Again, going back to thc: latest available figures, indicated by industry group 1.,erc",enrage growths in industries in percentage increases. And you can see :it's significant- but: .it's going tobe more significant in the future. Plow how do we cret_ to our goal. How do we take advantage of Miami's favorable coedit Lons if t he caoods are going to be produced locally for exports, and how do we compensate tt;e international sources that we're getting here for investments*; One of the things is we've identified certain domestic market.:; in w}iie-h t.r, target an advertising campaign. And cities that are: Largetod are Pt+rr York City, New Jersey, Chicago, Boston, Detroit, P i t.tsht.rrg, mi.nneapolis and Chicago areas. And in these cities, there wi.l..l be an advertising campaign trying to attract the types of indt ;tries that we've pointed out, electronic, electronic mancinery, equipment :;uppl.ics, measuring, analyzing, controlling instrument equipment., ;;:aphic, medical and optical goods, watches and clocks, food and pl.oducLs, furoit.-.ure, fixtures, printing publishing and allied indu.: Lrie s, rub-,)ur and miscellaneous products, leather and other products. a;7c:•r, indur;Lr.ic:: have be;,n designed as growth industries for this area, r4:�ver, t1lr.�ir export potential, and as imports substitutions. Now 1.1,ese idcn.i.f":.r.d markots will be reach by the Marketing and Promotion of the i27I.L.,1 of Miami in sort of a four or five pronged attack. Un•:: i s; Inc adv r� t i.r1q canpaign to be carried out by the City indei�endent of L111y other 11,:.Ip, then an expanded advertising campaign through ruop pc.rtrlers, through ,i publication of a monthly economic letter in Lati.-, F�joari.c(1r, )UL1 . L.catior,s, with an audience of close to one million i,ec i,i.r ; ;nc 1ud'.n r coon Lx.i.1a of Ecuador, Dominican Republic, Colombia, IiC n�1llY,CEi, i�3ncu:u,, Vcne..uia, Peru, and recently, I guess Mexico. These are 1:U attract new investment by the Trade and Conunerce Ue:t+::repent: whir.:i F- t,6i.torlal space and it's not paid for, it's not pure:h3sc.d, it.': c +r, as a weans to attract trade. Another way that ,_,nu of the reason that I'm here is because of the orivu!_:,., sv"LOY..�; •;c;::,i :t::rr,cc- through cooperation and input and expertise. An ; cc­,unit'.•:c: lahic:21 ._ an, heading, which is named for lack of a Letter F.us.inass Advisory Committee, through the Marketing nd t ; o; u�tion is ivy;> _on Ut tj-,u City of Miami. It's a committee with :1 imately t•:cn pco}:1 . W,:! meet at least monthly. And we, in the a::r ii, mc,nths ;;,.ivy:, accomplished the following things. We've advised i n t.1-. r i.1 Lu lvert:ising campaign, we have sent a letter out to cornmerr:i:,l ar_t�rche's, of copy of which you have all been sent, k?sci.O. Ang the :16va::t-ayes of the City of Miami and how to go about making clll irNE::acnterlt o,`.fering thu, services of the City. We served as a scur,a ny boar(; for Lhe Dicpartment of Trade and Commerce. We're pr.'r;i,..tcrng and .i.rr'.:c!r.nationl resources directory which is going to be aV;A.t.:•..:ai)t.c for :::;ybolay or,_mting to make an investment in the City of Miami so t.::,, : they nav,.. a ready guide on the key people for whom they have to... anc. i:.:,7 organir.ac:i.ons t11ey have to meet with. We've assisted with the Alflbassariorial Program which is going out and selling r.1;F i of Mi,.m.i. t.:lrc)ughout Latin America and Europe. We are providing i.nt ot-cl"ti.on tc., 1,-,nks, accounting firms and law firms advising them such ,is ti,i: inor.m .t ior, wt., have provided so that they can encourage their c:oll•­.: e.,i to C<.,n!.. to the City of Miami. And basically, since we're proud in th.L:, t-it.y, we are doing our very best to sell it: among our taay:,� cer.•re: t•fay I ask you a question about the composition of that advisory l.oarei. Ar.e t-;u:y al.l bankers? tar.• . :,;anon: No, i 'm the only' banker. ,•tt,:� ;r :rrc. I.ou'ru Lhu only banker. ..1c.an: t'r.t t_ho only banker. We have people in the executive consulting atrE:.+, une from the University of Miami. We have a lawyer., we h,.,v: a E;uropual, investe+r in'the City'£rom France, we have: one from Jordan chain in the 'retail area, we have ... am I missing !. -,.m.. i;: "iy. Mr. ra K:ay who represcfn s carious industry. And we are gol11 to b+ �::%.I:•.+nditt t ' h�. commi.ttee ve�r} ''shortly. I've asked for additional earn; This i', L, vo.-ry active committee. We've tried to give a committee to th,, C'iry's advisory council in trade and commerce which ist fin, E P �i 51980 Mr. Nason (continued): encompasses all business development and all trade and commerce. Mayor Ferre: Okay. Are you going to tell us about this advertising campaign now? 14r. Nason: Yes, that's next on the agenda, Mr. 14ayor. In fact, I'd like to turn it over... one other thing that we will be ciscussing is our special events prog.reun. But right now I would like to turn it over to discuss the advertising campaign. Ms. Gloria Marina: Mr. Ken Kuen who is the President of Media Department II is going to do the presentation. Media Department II was appointed by the City CoAlimission several months ago, and is the agency of record for business development promotion. GLr. Ken Kuen: Good morning. My name is Ken Kuen. We stood before you about six months ago and indicated that we had some opportunities and we had some problems. What I want to do is try to report back to you with what has been done with both. So try to bear with me for a moment: here. In the time that's gone by, we've designed two programs, one focused on the Northeast which is a principle target area geographically, as opposed to demographically, the other Latin America and the Carribbean. They've been designed to provide media,coverage, advertising coverage, maximum coverage optimum efficiency, Those are not ;just puff words, they are. technical terms and we can document cost per thousand exposure opportunities, etc. etc. The programs have been very carefully thought out and designed. We want to work ill publications of quality, of substance, and of authenticity. W,;�have to be careful, particularly working with a government situation to avoicNall awful. lot of publications that really don't have merit beyond politico! merit. So we have designed two separate programs which we want to talk, with you about. The first one, focused on the Northeas•,;. We already have contracted for twenty-six insertions in the Wall Street: Journal. And I'm going to show you the ads. The campaign began two weeks ago. The third ad will run this Friday. In addition to that, we're working witha media network and a host of magazines, seven different publications which I'll show you. They include Business Week, Time, Newsweek, U.S. News, etc., in Manhattan proper, and the key of the Northeast. Mayor Ferre: May I see that page? Mr. Kuen: You certainly may. Mayor Ferre: 1 can't read that far. Mr. Kuen: The Latin American campaign will work in three key publications. Vision, 'I`ime and Newsweek. Vision, of course, is in Spanish. We will not be using the Brazil addition, Visal. This publication is principally a dual audience, male and female, highly upscale. Time and Newsweek, of course, are both in English but we do know that they are focused on upscale prospects. So we feel that these are appropriate. Now we're talking here in terms of,page four,color ads, we're talking there In terms of two column by eight inch ads in the Wall Street Journal. Page four color ads in the other publications. So let me take a moment now to show you what- the advertising looks like. This is last Friday's Wall Street ,journal. If you'll turn to page forty-six, you'll see the second ad in the campaign. Mayor Ferre: Is there a difference in cost between getting in the first section arid the second section of.the journal? Mr. Kuen: No, but that really isn't the way we want to buy it. We are on the New York commodities exchange page, right up here, on purpose. Because that's the page that gets a 1pt o£,traffic to our kinds of prospects. The advertising has been... Mayor Ferre; What was Miami fact number one? ►yv ,,� ist SEP 251980 C V Mr. Kuen: Miami. fact number one was seven and one half billion dollars In :xports left town last year. Which Julio quoted to you. We have a whole series. The campaign will have up to thirteen different ads and they have two sets of focuses. The first focus is to convey information ne.rtaining to business per se, seven and a half billion dollars in experts. Seventy-five fortunes, top five hundred already live here. The second group of ads talks about what is, you know, what we refer to as claality of life. And we think it's extremely important. We have also an unspoken objective here which is, we have people here who need to know What this City is all about. Fact number one, seven and a half billion doll.trs in exports left town last year. That's big business and lots of small business too. Together it amounts to almost, to more than almost any other city in the hemisphere. Facts number four and five, comuctr:i.ng apples and oranges. More commercial tonnage passes through thf: Tort of Miami than any other port in the nation, with the exception r�1: '1ew York. The same holds true in the field of international finance. E..11_ lookNortheast. out big apple, we're gaining on you. And this, of course, is f.^�� L lice Mayor. Terre: That seems pertinent to me. This fact number two doesn't suom vary pertinent. t:;;: It's extremely pertinent. It's extremely pertinent because :t ate a city that right now is no longer competiting with an image c.,t: M.tami. Beach and whatever it connotates, but rather is now an intornati.onal c'J.ty not. just of trade and commerce as we see it here, we <­_x­1ved a tremenclou.a amount. of highly negative publicity due to the' ,�!v.,nt:s last M-iy ar d due to Mariel . Whether we want: to acknowledge that or nc.t, that':, a ftic:t . Now, another factis many people coming down here from the New 'oik area, from Philadelphia, from Boston, from the mid -west, nue• :;'c.`.c:; are b1'1I:: anct t:hat's important. We have a tremendous quality of Life, h�:re. Wu have another ad that says, Leontyne, Price, Sinatra, the Beecoes, Richard Burton and Rex Harrison will all work in �'.i.,ami this year., but, thankfully, not together. We really feel that's ix..,o1.*" ant as part of business as well as the other kinds of facts. So what.. we have clone is we've developed a whole series of ads designed to convey bti,3iness information, to attract business, as well as to indicate th,,t this City really is claite a place. This is a wonderful place to L:f.. There's no cuestion about that, but many folks outside of here ce.n't know that unlfa�,s we begin to tell them. We have picked media that art: authentic. we have said, we have picked kinds of facts that we think are appropriate to do that. Now, we also told you last spring that we did not have enough money to do the job effectively at all. That we would try to coop out what we're doing. A fact here could be Southeast hanks is going to build the biggest building this side of Houston, for th(: sa;:e of talk. That is not one of the facts we'll use. We have begun attempting to co-op out this program. Going to industry... N-iy,r Perre: Co-op out means that you're sharing the cost of it with othors? Is that what co-op means? Mc. Kuen: Corre.t. Yes, sir. Mayor. Ferre: Co-op out roans, now what's a share? r Mr. Kuc:n: We would do to Southeast banks, fifty-fifty. Mayur Fore; Pifty-fifty. Mr. Kuen: So we've attempted to double the City's budget. btr.:yor. Verre: flow successful have we been on that? ;.ajn: In the.! two weeks that we have been doing that, we've come wet,.,, close to, in verbal commitments, not written commitments, to at equaling the budget thatI air, have. � V Mayor Ferre: And how much is that? t .10 SEP 251980 6 Mr. Kuen: Something over one hundred thousand dollars. Mayor Ferre: One hundred that we've got equalled, or one hundred thousand total? _ Mr. Kuen: Two hundred total. Mayor. Ferre: Two hundred total for what period of time? Mr. Kuen: The period from now through the sluing. Mayor Ferre: So the next six months. Seven, eight months. Mr. Kuen: Yes. Maybe more. It's actually a year but we haven't scheduled it all out. Mayor Ferre: Father Gibson has a question. Mr. Kuen: Yes, sir. Father Gibson: I saw a man here, Mr, Kenzie, you occupy a very important place in the development of this community. Did you know what he is ,.elling us? Mr. Hoy Kenzie: I know some of it. He has reviewed the program with me. We'd like to see one or those ads deal with downtown down the line. But we have gone through the ,program with him and have discussed the joint advertising program. Lather Gibson: Well now, the reason I'm asking is...well, I'm not going to make that public. L'et me put it this way. If that kind of an information is around, I get very disturbed when I go to New York or Washington, and North Carolina, do you follow? Mr. Kenzie: Yee. It's just a question of getting enough funds together to be able to mount a campaign that's extensive enough to get the points across and be able to have the }:inds of information out there to dispell some of the negati.vss that Miami has been receiving in the national press. Mayor Ferre: There's another side to it which I think we have to be extremely careful of.. I, for one, think that there is a problem with Miami's image, that we have been hurt severely by the May riots and by the Mariel refugee problems, tent city, etc., increase in crime in certain parts of the community, and I think we've got to do something to counteract that, however, I think it is essential that there be substance involved. I don't mean to belittle slogans, and I don't mean to belittle fact number two that the sky is blue, that's very nice. But frankly, ray... if I were a captain of industry and a banker, I'd say well so what. You know. Now you say that YOU don't agree, that's fine. You have a right to disagree. I think the fact that seven and a half billion dollars in _exports, that we have an infrastructure and we have this, but if I get enticed by your ad, and I tell my secretary cut that out and send for the information, now that, that's where theme real crux of the matter comes. Is this what you're going to send them? Ms. Marina: Mr. Mayor, if I can answer your concern. We're getting, by the way, very good response. There are a lot of executives who are asking their secretaries to cut out... Mayor Ferre: Is this what you're going to send them? Ms. Marina: We're send them, yes, two brouchers, which is the orange brochure, the blue brochure... Mayor. Ferre: This brochure? And:,this brochure. ins. Marina: Yes. That is a full packet -you have there. There is another blue brochure there about our office. We send them... SE P 2151980 ist A Mayor Ferre: That's where your problem is going to be. Ms. Marina: No. We're going one step further. Mr. Castano: Most people that call on the City of Miami, and that's ... if we are able. -to get our advertis:tng to produce an executive who will tell his secretary, cut that out and send it to Miami, he usually doesn't say send me more facts about Miami, he will say to us, and we have twenty-six hundred clients last year to prove this, he will say, hey I'm looking at real estate, or I want t•) do this, or I want to open an office. We taylor ever single one of those responses. We have those brochures basically because it's nice to have something about Miami. But our answer is riot that. Our answer relates directly to that person's concern. And then he becomes a full fledged client. Okay. Mayor Ferre: All right, thank you. Mr. Fosmoen, I have a question of you, sir. About two years ago, I sent to the then City Manager a brochure from Dallas, Texas. I subsequently sent to the Manager ... I had previously sent to the Manager a booklet that was published by a quasi - governmental committee in Georgia, that Sylvan Meyer, by the way, served on. I sent him the one from Dallas, and then I sent him a third one, I forget which. They were very, very well presented, very succinct, and very clear publications, that in twenty or thirty pages told the story of Dallas and gave you a very clear idea of what that community was all about. And it was very well done with charts and pictures. But you could really, with that publication, get a very clear idea as to the number of people that are employed there, the city product, the manufacturing, how much trade and commerce, bank transactions and some demographic information, some; information about the regional market that Dallas serves. And you could reall.y...the airport and what have you. Now, this is a preliminary attempt and I think this is very nice but on a scale from one to ten this is a two, okay? Mr. Castano: Mr. Mayor.... Mayor Ferre: Excuse me, ].et me just finish. The one from Dallas, I would say is a seven. I'd be happy with a five or a six. But it's taken a year and a half with pleading with the Manager to get that done. He hired somebody, the man sat in that back office where Cesar Odio now sits, for six months, acid I would stop in every once in a while to see how that project was coming along, and he was almost there. Then he had some personal problems and skipped out. That was six or seven months ago. I told the Manager when I say that, I said, please go hire somebody else. It isn't that complicated. Get the people who did it in Houston, or Dallas, or Atlanta, or wherever, and get them -to come here and do it for us. It's a question of getting information from FIU, from the University of Miami, from Florida at Gainesville, from the Department of Commerce in Washington, from the bank, from your bank or from Southeast bank or whatever bank, and putting it all together someplace. Now I think is a major step forward but if I were the vice-president of -Manufactures Hanover, and I got this to give to my client who is interested in some kind of an investment, I frankly would classify this as a very amateurish job. Mr. Castano: Mr. Mayor, let me clear something up for you. Again, I go back to answering the clients particular request. I would say out of twenty-six hundred clients, we've had less than five percent that want general information in Miami. Everybody wants specific information. At the time that brochure was produced, we had a total budget for advertising of less than thirty thousand dollars. That brochure cost twenty-five thousand dollars. Next yc.Virs budget -we have forty thousand dollars set aside to produce a brochure whioh I think you've seen. It's a Puerto Rico brochure, which is an annual report/brochure and gives information rnt Puerto Rico and also an annual teport on Puerto Rico's industrial developmunt corporation. That brochure will be produced by the spring nf' ns+t rq,. ,t„ hnvn three t}to sand copies of that and I feel that until than time, we ought to use th . We had'to be careful about producing a thirty page paper because I know of very few executives who will sit .14" ' . r 51 � � F' 4 980 ist —— ,iof.':l'.I:aiw..snaxs-'�•dr�x r r '1 ;i;�a:.a..�� __ _ f Mr. Castano (continued): there and read through thirty pages. They need to get something quick, and our approach has been very successful. When we answer their specific question it's nice to have a brochure that's a beautiful brochure... Mayor Ferret I disagree with you. Because, let me tell you, I think Houston and Dallas, and Detroit and the other places that have done things like this must have done it with a purpose. And I want to tell YOU that today, and it's not your fault, it's our fault, Metropolitan Dade County has a department of Trade and Development, and they haven't done a damn thing on this. The State of Florida has a budget a hundred tunes larger than yours, spends millions of dollars and I don't think that today anybody could put my hand on a brochure anywhere near the quality of the things that I've seen from places like Puerto Rico, Atlanta, Houston, Dallas, Baltimore, and other places that are descriptive of what's going on in the State of Florida. So I mean to tell you that if you're going to go through the advertising campagin, which I am all in favor of, I think it is important that we have a general piece of literature that ariswers riot Fill, but seventy percent of the questions that people would have to ask. of course they're not going to read it. Nobody reads that stuff. But the point is that then somebody wants to read it, they say hey, 'look in my file under Miami, there's a brochure. I want. to find out. how many people used that airport last year. Mr. Castano: I agree. And we have it in our budget. Maycr Ferret Roy, let me ask you a question while you're here because the best brcchuri: +.hat's been done so far has been done by the DDA. Do you have plans to update that brochure. Miami Muscle or whatever it was? Mr. Kenzie: ThaL brochure was put together with funds from about ten or twelve :lifft�rent agencies. A one time shot. It does need to be updated. It's out of date at the present time. Mayor Ferre: Isn't this an opportunity to work in conjunction with Julio to do somet-hinci, perhaps in conjunction where it might be two brochures but: somehow it could be stapled to be one, one covering downtown and one covering... Mr. Kenzie: Well the Miami Muscle: was actually a brochure that didn't deal with downtown so much as greater Miami, more than the City it dealt with the whole area and we had funding from Hialeah, and Miami Beach, and from North Miami and South Miami.. Mayor Ferret Couldn't we put that together again and do it perhaps a little bit more, you know, it was a nice ajob but from one to ten it was maybe a four. Mr. Kenzie: We don't have any more left, they're all gone. Sure. Mayor Ferret And I think, it's the best thing that's been done, but it's not good enough to what we need. Mr. Kenzie: No, I think there's a way we could expand that and aim it more towards the City. Mayer. Forrr:: Would you work together on that? Mr. Castano: Mr. Mayor, we are working together. What I'm trying to toll you is that we have forty thousand dollars to produce a hell of a good brochure by the spring of 1981. Now, we have gone to Roy already and we're working together in a.co-op ad. We don't work in a vacuum. � y 1 Mayor F.�..`"�: :'�r: w: t tr._ :;;: 11^ ; . ;icard r� w_ ;tALeineriL Aiuw lug me ask Roy. Are you working togethe#Jto produce something that will meet the needs of the business coimunity in Miami as well as the international trade commerce? ist --- ;7:3..6.au:i.IN:isiainiet4l '` ^ ��`�—°==�• �"—� .t 1��--- — Mr. Kenzie: No, I think we have quite a bit more to do there. of all the ads, the facts that are going in the Wall street Journal, I hope we have one that will deal with downtown development and what's going on. And that we have the package of material available to send back to those people who want to know about downtown. We don't have a good brochure now with the exception of our newsletters and other material we produced that tells the whole story of what is going on downtown. And we are in the process of trying to do that as it's been suggested by our board. I think beyond that, we could expand that into a joint effort with Trade and Commerce to do a brochure which would have both downtown and all of Miami in it. Mayor Ferre: I guess my question is this. When are you going to press with that? What day? Estimate. Mr. Castano: February the 12th at two o'clock. I don't know. It will be in the spring of 1981. Mayor Ferre: No, I'm asking you for a date, sir. I'm asking you for a date. January, February... Mr. Castano: January wo'll start writing. I imagine it will take about thirty to forty five days to complete. And I would say somewhere between the end of February, the beginning of March we will have that brochure out. Now, let me ask you...let me inform you or something... Mayor: Ferre: No, no, no. I'm not finished. I want, please, before you go to press, I want the approval of the Downtown Development Authority Dia.•ector on it. I want this Commission to see the rough copy before YOU go to press on it. Mr. Castano: That's fine. Mayor Ferre: In other words, I want everybody to be involved in this because this is a very —and I want the Chamber of Commerce's input in this. I want their sigri-off on it too. I don't want them coming back and saying you guys squandered forty thousand dollars. You could have done a hell of a lot better job in putting out the facts, and you've done it on your own without getting our cooperation. Mr. Castano: Both Miami Muscle and that brochure there which was produced by Evelio Ley was done in cooperation with almost every agWncy in this town. Mr. Fosmoen: Just possible... Mr. Castano: Airport Port ... Miami Muscle was also a publication between DDA and ourselves, and a couple of other cities. so we don't ... the way our approach to business development is not a very strict municipal approach, it's no way. We have to talk about port, and airport and things .like this that fall outside of the City of Miami. so we have never taken a parochial provincal look at this. Mayor Ferre: February, huh? February for publishing. February is the month for publishing, by th►: end of February. Mr. Castano: February is the month that it will probably go to the printer after we go through... Mayor Ferre: When is this advertising campaign... we're going to spend two hundred thousand dollars. When does that start? Mr. Castano: The advertising campaign is the winter campaiin. There's two sides again. And he will go into more detail. One, it's going to the Wall Street Journal in twenty l� additions. If we are able to double our budget we'll have fifty-tw .,. . Mayor Ferre: When. 1 .14 i s t. w 51980 a W Mr. Castano: Starts now. We have... Mayor Ferre: September. Mr. Castano: ...fifty-two ads which will run one every week for the next year. Now, the four color ads that will be placed in magazines, Business Week, Forbes, Dunes Review, Nations Business, Time Magazine and so on, will start so:newliere in December of this year. it's where, you know, most of the advertising should be done. Response start in the spring time. That's why we're... Mayor Terre: In the spring time? If you're advertising in September and somebody writes you in October, you're going to answer in the Spring? Mr. Castano: No, no. Mayor Ferre: Responses start, I would imagine, the moment you receive an inquiry. Mr. Castano: That's correct. Responses for. the four color ad in the New York area, in the New York business network will start in the spring tine because tIjc first ad will run in December. So it's January, and February and so on. Mayor Ferre: Mr. Manager, I have a very simple point. A two hundred thousand dollar ad campagin is fantastic. I'm all. in favor of it, we need it, okay? That will produce, if it's done right, millions of dollars of income fcr the.,; community which we can tax and get the money back. okay? I understand al; t:hra t:. 1 think it would be tragic for us to squander two hundred thousand dollars which we need so desperately in this budget and in every other- way, that you know w,�'se going to need to improve the City, and have people by the thousands writing for more information and for us not to Le prepared to respond in an intelligent, legible, please, traditional way. The way Atlanta does, the way Houston does, the way Los Angeles does. I don't: want to be the innovater of sending things on a personalized basis. With all due respects, this piece of, this is absolutely and totally worthless. Totally worthless. I don't see what the hell th:�s says. Are you starting a new business, looking for a location? You know, t mean, it':, platitudes. Now this is a step in the right direction. Not a very good step, not a very forceful step in the right ... a lot of pretty pictures put it doesn't say a hell of a lot. And .I'm saying if we're going ,to spend the money, please lets do it in a very coordinated intelligent way, that we can have a lot of impact because we just don't have that many dollars. The government Of Puerto Rico spends three, four million dollars a years doing this. See and... Mr. Castano: That's the point. We're spending one hundred thousand, sir. Mayor Ferre: And with a hundred thousand, we'd better get an awful lot -of .impact for the money we're going to spend or it's going to be...you know, these ads in the Wall Street Journal are very nice but they don't mean a darn thing if we don't have a followup. Mr. Castano: If we don't have a follow-up. I agree. And we're talking from e111i)ir.ic"1 experience. One ad along last year, from Fortune Magazine, we aerived one thousand inquiries, which each single one was... rao you're right. father Gibson: May I ask a question. I heard you say that some business outfit was participating , aiding,'helping in this endeavor. What company was that? Mr. Fosmoen: Are you talking, sir, about the company that is producing the ads? Mayor Ferre: No, sir. That'a riot what he's asking. He's asking whose participating with the cooperating ad. You mentioned Southeast, for example. Is that one of them? S E P 251980 ist C, U11 Mr. Kuen: We have talked to Southeast Funks, we have talked to Eastern Ai►:]ines, we have talked to the Downtown Development, obviously, we've talked to Lloyds Dank, the Design Plaza... Father Gibson: Let me say, you don't have to tell me all of them. The point I make is if those people are participating, Mr. Kenzie, I want you to hear this to, if those people are participating, we ought to know. Wu ought to know. And those who aren't participating, we ought to know ;:hose people too because sooner or later, those same guys come down here and beat us over the head like hell. Okay? And I don't want them down here beating me over the head, and aren't participating in the development of this community. They don't have any interest unless they participate. Do you understand what I mean? Now I never knew Southeast was doing all of this. I didn't know you were doing it. So what I'm saying is eery once in a while you bring them down here and you tell me, say hey look Gibson, or either invite me where they are and say Gibson, these neor7.e are participating. This is what they're doing. Okay? I'll react t > them a little differently. Ms. Marina: Commissioner Gibson, excuse me. The reason they haven't been brought down here is that they, quite frankly, haven't signed yet �» dotted line. We have their verbal commitment to participation. i't want to say they are participating in this amount when they still haven't given it to us. We will do that the minute we have it. Father Gibson: I understand but let me say also, sometimes the way to get people converted, is to get them right in the church and , hopefully, you know, you have to cut ... you know. Do you understand. Ms. Marina: We understand, thank you. Mayor Terre: All. night, Mr. Manager, it's now ten fifteen. We're way behind on our schedule. I think we need to wind this up now. Mr. Fosmoen: Julio, how much more do you have? Mr. Kuen: Do you have any more questions on- the advertising? Mr. Fosmoen: There are several other aspects. If you wish, we can run through them very quickly, and those are the seminars. Julio. Julio, why don't you very quickly run through the other portions of this. Mr. Castano: As the last part, Mr. Mayor, Mr. Commissioners, of the focus of the division is on the seminars and other types of trade related, special events that we're having. A couple we'd like to focus on very quickly, one is the one with the textile group, the apparel and textile workhop which is going to take place during the 3oth of October. And the reason it is that we have sought out this particular workshop in an area to help an ailing industry. And this is something that we feel is going to have a direct impact on jobs. The other one --is the OAS Permanent Technical . Committee on Ports, which is going to go from the 14th to the 17th, and Gail is going to give a presentation on this. A very brief presentation. UNIDENTIFIED SPEAKER: Good morning. I'd like to just briefly tell you about the upcoming Ports meeting here. We're proud to be the coordinator of that event, and it's called the... Mayor Ferre: forts did you say? UNIDENTIIIED SPEAKER: The title is the Twelve Inter -American Permanent Technical Committee on Ports Meeting. Ferre: Ports. Are these both airports and seaports? UNIDENTIFIED SPEAKER: Seapotts.. This is an slpvAn momb— nr^—mmit,tee un }ports. It's made up of port Lnisters and port directors. And they will be coming up here with their delegations to hold this private meeting. 16 SFP 4451980 4 ist Mayor Ferre; Why the City when this is a metropolitan function. I don't... UNIDENTIFIED SPEAKER: Well the Maritime AcInli.nistration very much wanted to hold it in the City of Miami. And normally, this meeting is held in Washington. But through the persistence of the Maritime Administration and our own endeavors, the State Department agreed to hold it in Miami this year. Mayor Ferre: Is Lunetta involved in this? And the people in the... UNIDENTIFIED SPEAKER: Yes. He's the U.S. representative on the U.S. delegation and they have been very enthusiastically helping us organize this event. Mayor Ferre: Julio, I'm concerned that we don't end up doing another Luther Hodges situation where the County ends up having a tantrum that you know, they're our partners and we don't consult them. We don't even have a seaport. 'Irhat belongs to Metro. Mr. Castano: Well they're not. As a matter of fact, Carmen Lunetta and us are working extrF,rnely close. He is the rep for the U.S. I think one of the things it's very important to mention is this particular... and the reason we picked this one is because we were shifting around from .. public funded event, to this type of event where Ore are going to make money. In other words, the City of Miami is actually coordinating this and are going to make a prof.it.. We are. This is a shift that we have in all our special events. Okay? UNIDENTIFIED SPEAKER: A couple of oth:!r points about wily this is particularly significant to us is, as you well know that Miami is a model, the Port of 41,fiam...is a model for various port operations in Latin America and they see us as the Maritimo Gateway to Latin America. And the port ministers and directors will be here discussing sailing issues and problems, and policies regarding ways to streamline trade and facilitate trade such as ways to reduce constraints and barriers to trade. And I think it gives us an opportunity to extend our hospitality to these port directors and port ministers furthering our human as well as ecoriom.ic ties in Latin thmerica. Thank you. Mr. Castano: In total, Mr. Mayor, there are approximately thirty events that will happen this year. The two basic reasons for them are one, promotion of Miami as a central trade center; and secondly, and very important, training.'We need to train both Americans and Latin Americans in the systems that each one uses for business. So it keeps the momentum of the: Trade Fair concept going number one, and number two, trains thern to participate in the Trade Fair of the Americas which is very, very hard. One of the problems that we have right now. Yes, sir. Father Gibson: One of the things I hope, you heard the Mayor say, for God's sake, since we don't have a seaport, even though we have the end, won't you please go to metropolitan Dade County. You know, and would you _loot., they may not do a darn thing but man, there is nothing like going talking with those people. You and the Manager ought to go. Mr. Castana: Father Gibson, you are right. I personally pledge that I will deliver the invitations to each single one of the Commissioners and we will make sure that the,y'are involved. Father Gibson: Let me ... this is my last comment. Okay. You know, there's a difference between giving the man an invitation and let him prepare the invitation. Now let me explain so you know what I'm talking about. If you give him the invitation that tells him, this is what it will tell me. My Bishop comes and gives rye something, I say, oh well, he has it all set. He doesn't need met. 43ut if I go to him before and he and I get the invitation out, he says, well, Gibson and I are doing it. Do you understand? Mr. Castano: Yes, Father. ist SEP 251980 A Father Gibson: We don't need that in this town because we have too many other problems. Mr. Castano: Let me explain something that also may help to understand this. I meant that as a figure of speech in the invitations. All of our special events in the City of Miami are in a joint pool of one hundred thousand dollars of which we give half and the County gives half. The County right now has, in front of their hands, a proposal by us to give us that money to form a special account, a trust and agency fund. Once they approve it, it will come to this Commission for us to form that trust and agency fund which will be managed by the City of Miami. So they are, in fact, by Commission action participating. I didn't mean that the invitdtien was an after the fact thing. They are very much involved in the... Mayor Ferre: I just don't want Steve Clark or Barbara Carey, who have a tendency to get very upset because...I don't care what you want to call. it, jealousy, concern that they're not sharing, whatever it is. Vm not a physchol.ogist. That's not nay problem. I want to make sure that we stroke them and that they're just as happy as they can be. And if that means giving them the major credit, please, I do not want you putting that symbol of the City of Miami which is very nice, no palm -.rues, no nothing, please. You put Metropolitan Dade County and the City of. Miami. And please work with them so that they are so happy with us, that next year when we ask them to double the budget they'll give us twice as much because they're getting the credit even if we're doing the work. And if you approach it that way, believe me, you're going to get a lot more money. Mr. Castano: You got it. Father Gibson; Let me add this for you. Don't, and then don't make the other mistake, that if these people are coming and you're going to have the welcome, this is my Mayor . You understand? Mr. Castano: Yes, sir. i'ather Gibson: And steve Clark is the Mayor of Metropolitan Dade County. 5o make sure both Mayors have an opportunity to address the people, one and the same time. Do you know what I mean? Mr. Castano: Yes, sir. Father Gibson: Okay. Mr. Fosraoen: Mr. Mayor, one of our other objectives is to make the seminars and special. events self supporting so it is not a drain on the general fund budget. Mayor Ferre: Okay. Is there anything else that we need to go over? Mr. Fosmoen: That's all. Mayor Ferre: Julio, as we close on this, I want to make sure that you don't misunderstand. I think that what you're doing is perhaps one of the most important, if not the most important thing being done in Miami. Okay? My comments are in no way meant to be critical of you personally, of Gloria, - or of any of the people that are involved. Of Tony, of any of you. I think you've got a hell of a team going. I think there is a great Espirit de Corm I think you're effective, I think you know what you're doing, I think you're getting a lot of excitement in this community. I just want to make sure that we get the maximum bang for the dollar and that's all I'm trying to do. Just make sure... Mr. Castano: Points are well,tken, sir: Thank you. SEP 251980 isr. Mayor Ferre: Any other: questions, statements? If not, thank you. 3. (a) COMMISSION 1NQUIRY-SPECIAL TAXING WbTI' 16TS. (b) DISCUSSI"ON OF CITY COPiPiisSION1 ?1EETVG, VORMAT. Mayor Ferre: We're riot on item "B" which is a status report on the May civil disturbances. Mr. Fosmoen: tor. Mayor, we'd l .ke to take a few minutes of your time and bring you up to date on e,c)me of the city's response, and other agencies responses to the May civil disturbances. I'm going to ask Jim Reid to give yQu an overview on all of the activities that we've been involved in, and .Julio will follow-up with a short status report on app:,ications for business -assistance that have resulted. Mr. Plummer: Mr.. Mayor, I'm hopeful, I'll just rhow this out. so we can discuss it later. Two thinq,3 I have asked for in the past, one, Mr. City Attorney, well rr•�ally the Mayor asked for, where is tho, what have you done for the cr.r)ation of the multiple taxing special districts as it r.( fates to downtown police, and the other one is I had askLhl for, have we received any report back on the monieE that are collected from the '.CDC and what portion of those. are coming back to Miami. I'm hoping we can talk about those Mayor Ferre; t:,k^.y, an(i x'11 toll you something else that perhaps while we're waiting I could ju:,t put on the record to you, Mr. Manager. I :think it's rattler, and I'm not saying thi:; in any way critical becauue I'm just a.c much a culprit as anybody else. Okay? So me too. Let me start by saying that, Vm,, the worst culprit. As you notice around here, you very sul.dom have the full attention of the full Commission. ?wither one or two or more are on the phone, or they are in their offices or they are out in the c_:orridor talking to somebody. The best of the bunch is Plummer. Okay:' He's probably the one that pays the most attention and the most consistent. And F4tt.her Gibson is probably next but the rest of us are always out doing something or paying attention to...reading other things or on the phone, or what have you. Therefore, I think it becomes rather obvious that it's just an illusion for us to spend two hours on subjects where at the most, you have the attention of two people, maybe three. I don't think it is your, the intention of the administration to do all of this just to put it on the record because you could just submit this into the record and say that's part of the record. I would greatly recommend that the administration seriously consider changing -the format and present'things in a much more abbreviated form where you hit the highlights, I'm sorry for Plummer because he's the one that pays attention to all of these things and probably is the most knowledgeable, but the fact is that nobody else is paying attention, reality. And I think that the only way we can overcome that is, if you have something to say like Julio's presentation, please do it in fifteen minutes. And i.1 somebody has further interest in discussing it with them, maybe in a private session because I really, the gentleman from the bank, the National Flank of Argentina, I forgot his na:rie, Mr. Nason, you know, it really is embarrassing to have him come up here and talking, and nobody is listening, or one person is listening. You know, and this happens, I am a culprit, I'm saying I'm one of the ones that does that. It's a natural thing. I don't think you're going to change that habit in this Commission. So my advice to you really, .sir, i4 that here we are at ten thirty, we've covered item one. we summarize things, just come to conclusions rather than long elaborate explanati7 s. . S E P 2 519SU Mr. Plummer: Mr. Mayor, let me just interject here. As I recall, we established this Committee of the Whole to encourage Commission response to items that would be coming up on later budgets. I concur with you that they can make a five minute presentation or ten, ask for Commission input for future agenda items and handle it that way. ghat. I'm saying is you can supply all of it to us in writing, mat:e a five minute presentation and leave five minutes for Commission input or. direction. And I think really, that's what you're trying to accomplish, or at least that was my feeling of the Committee of the Whole. Mt. Fosmoen: We're trying. Mayor Ferre: In effect, Dick, what we're doing is wasting everybody's time here because: nobody is paying attention. What the heck, are.you doing, this just to put it on the record? Mr. Fosmoen: No, we're trying to get it done along with the Commission. This is a workshop, working session between the staff and the City Commission. If they don't want dialogue, then we'll shorten the time period. htayor Ferre: Sir, it does not work. And may I respectfully recommend an alternate that perhaps you might want to think about. Perhaps what we ought to do is have ... on the previous day, Merrit Steirheim has a work session. Aida, do you remember from your days in Metro, that Merrit Steirheim the: Friday or the Thursday before the Tuesday Commission Meeting has a workshop where they go over the agenda and the press asks ask all kinds of questions, it's an open workshop. Many of the members of the Commission when they want tc go thee, explanations in depth are given. May I recommend, even Though it is time consuming, that you set up a system where the Commission, the press and the public are invited, the Monday or Tuesday before the Thursday that we have a Commission meeting, where you go over the agenda, make all these long winded explanations. If the Commission wants to go, they are invited and they can sit through the half hour presentation. I'm sure that you will always get one or two of us there like you have one or two of us here. Okay? And then when you get to the Commission on Thursday, you just go through a ten minute presentation, make your point- and get the hell out of there because otherwise, these things just keep on going for an hour and a half. And the fact is that I guarantee you that in this particular issue, I'm interested and I paid attention to the whole thing. The next one, Gibson is going to pay attention to the whole thing. But you know, we're not all interested ir. the same things at the same time, and our span of attention really doesn't: go more than five minutes. So I would recommend that you divide this into a two phase, and if Plummer is interested then let Plummer show up on Monday and waste, I'm sorry, that is a bad word, or spend his time listening to the half hour presentation. But when we come here on Thursday, we just zip right through it. Do it whatever day, I don't care. But I think if you do that, frankly, what we'll rind out is that we'll be'able to get through the agenda in probably ..half of the time, and those that care enough about it let them go to the Tuesday meeting. And if they don't then that's their problem. Mr. Fosmoen: We'll take a look at some alternative to this sytem. Mayor Ferre: We're now on item number "B" and Father is back, so go ahead Jun. Mr. Jim Reid. Mr. Mayor, in taking the lead from your suggestion I'm going to try and summarize this in three to five minutes and emphasize those st.cps that are yoing to require further Commission action. Basically, what we want:, our purpose in this report is two -fold. Number one, we wanted to bring you up to day on what is happening with respect to the City's response to the civil responses, what has been done immediately. And we wanted to alert you to the on -going things which will be coming back to you for decision. The immediate things have been debris clearance, demolition of un$afe structures, job programs, damage assessment, packaging smallibusiness loans and provision of emergency food, and so forth. The main thing in the immediate list that is going to �20 ist SEP 251980 W. W Mr. Reid (continued): rec;ui.re further action by you is first, we have received one hundred thousand dollars, jointly, ;:or the City and the County in terms of an economic planning adjustment grant. And it requires that the plan prepared as a result of that grant be signed off by the City Commission and this could lead to an additional five million dollars from EDA. So that this is an important step, both for long range strategy, and in terms of additional money. We have asked for money from HUD out of the HUD Discretionary P'unds. And it is important in seeking this money to remind them of the importance of this grant to the City of Miami because we're competitiog nationally for this money. it's ten million dollars application. We are in competition with cities all over the country. So that your support in seeking these tiUD funds i.s essential. Also in terms of i.mmediat.e action, we will be bringing hack to you a special. tax increment financing program for Overtown once these County Commission has taken the legal step of designating Overtown and Downtown as an area of slum and blight. So on the list of immediate actions, we'd be prepared to answer any questions and those are things that wa'l.l be coming back to the Commission on. We have in addition recciveti Lunds for, in conjunction with the County, throe hundred additional public housing units and three hundred units of SectJnn V111 hoilsirig which are targeted, one hundred and fifty units of that: targeted to the Smell City site. So thes4 are iTNnediaLe things that... Mayor Forre: You know, arc:'r.e concerned about the other one hundred and fifty ton. .v,r. Rein: .'r.c;, �;, . tP,1yor. Wc+ would like to have all thr, one hur:dred and .fi lt:y in tll , '.i : y, 61.1 the addi.t.%onal one hundred and fifty. We hz,ve the coiiani.tmi:nt on the one fifty for tl:e Shell City site. The mid-term rr_:;p. nsc:, the tilillcjS chat we're going to be doing over the next six mo ntho really rulat:.e to two things. Seeking additional ;:unds from the F:?dt—ai govcirrunent, and making sure we have a clear sense of li cc:c-tion of where w�.' cis headad on•our own in each of these areas that nuod assistance. And I would like to just :gay that there are different strateg4*6s that need to be followed for different areas. Up in the Model Cities area, 6.?nd street and 7th Avenue, you have the Pantry Pride closed down, you have the Grand union temporarily closed down at 12th and 54th. So there's sixty thousand people without a major supermarket in the neighborhood. Getting those reopened is an i.mmediatr thing, but the market is there for those stores. in the over:town area, it's an area where abandonment is increasing, where the housing stock i.s deteriorating so, to go beyond the shopping center that we have proposed, to have additional business development there means you've got to have more population. And your strategy is reall!' oriented towards improving the housing stock. So that those kinds of things are important in termss of the mid-term and long-term strategy. We; will, we are trying to develop :something called the Miami Challenge Program, which is .in a sengca our statement that we're doing everything within, that is possible for us to do, to deal with these issues. And .having laid that on the table and made it clear, really issue a challenge to the Federal government, and the State government and the private sector to come in and play the -roles that they have to play in terms of deal•iny with these problems. I don't think I'm going to dwell in any more... Mayor Ferre: Jim, can I ask you a q9u stion about the one hundred thousand dollar grant? Wo were going into a joint receiving of bids, how is that coming along? Whore is it? Ares we ready to start choosing a firm? I got a cony of a letter from Mr. Alvah Chapman to several members in the bla,.k community who wrotu a r•athwr critical., made a rather critical statement in .c Herald report. It obviously showed concern, and this is with regard to City venture. I would hope that we could get that moving fairly quick. Mr. Ruid: Mr. Mayor, in respu;tse to that question, the Planning Grant reclaust for proposals has becrl.,jdvertised in the papers. Twenty-eight firms, a group who have expressdd an -interest have been sent the RFP, so far. We, it is due two w,ech:s from today on October 9th. Once it is due, a selection and screening committee made up of two city staff, a SEP 251980 ist C, V Mr. Reid (continued): representative of the Greater Miami Chamber of Ccmm erce, the Miami -Dade Chamber of Commerce, and a representative of the Revitilization Board and a representative of the Urban and the NACP will screen and make a recommendation on the preferred consultant to the City and County Manager. Mr. Fosmoen: And two county staff. Mr. Reid: So the answer is that is has been advertised, the proposals are expected on October 9th, and we expect within twelve days after that to make a recommendation -to the City and County Manager. Mr. Plummer: ,lust ask one quick question. You're talking about the Shell City site. Have you talked with Athalie Range? The reason I say that, you know she came before this Commission... Mayor Ferre: she's been here and... Mr. Plummer: ...talking about the development of something else. Mayor Ferro: Bernie Dyer was in here talking to Vince Grimm a day ago, way it, Vince? Or two days ago. Mr. Reid: What we have been ... the answer is yes. What she has proposed is an .interim use of the site. She's well aware of development plans that call for... Mr. Plummer: mr. Re_'.d, I have a saying at City Hall. Nothing is more permanent than, temporary funding. Okay? Now all I'm saying to you is I hope that it's in writing, with her, so if that thing becomes as big ass what she feel that it will... Mayor Ferre: We may as well get into that. Mr. Plummer: ...the day comes that they'be got to shift operations, I don't want it to be shifted on to the City and said, you didn't tell us. Mayor Ferre: J. .L., we may as well get into this. Bernie Dyer came... Mrs. Range has now shifted the 62nd Street Development Corporations emphasis from the purchase of a building to the operating of an open air market similar to what we have in Coconut Grove and the Flea Market at Tropical Park. A combination of those two. Now Bernie Dyer came in to see me, I took him over to see the Manager who was out and we talked to Vince Grimm, the Assistant Cit% Manager, with regards... Vince followed up on it right away, talked to the different people, legal and what have you. And the answer is no, we cannot do what Mrs. Range and Bernie Dyer want to do. And I hope somehow that we can kind of cut through that. Mr. Fosmoen: Mr. Mayor, I don't believe that the answer was we can't do it. The answer was we can't do it today. The letter from Bernie Dyer indicated that he wants to open that Flea Market on November 1st. By November 4th, this zoning will be proper. We are changing the zoning ordinance for C--4A to permit flea markets and we"1.1,rezone the property for C 4A. We're moving as quickly as we can. Mayor Ferre: I think it's very important we have ::: group within the black community, whatever group. It doesn't matter who it is, but who are really sincerely trying to do something positive, that we really have to walk an extra ten miles to help those people. And if that's what that group has has concluded that they want to"do with that site, we really should figure out a way to help them help themselves. And if that means that we've got to give them a temporary permit to run a flea market at Shell City for eleven to twelve months, there's got to be a legal way of doing Mr 'Posmoen: But the point is that Bernie Dyer has indicated in his letter that they are not interested in opening before November 1st... M,jycr Ferre: Okay, that's fine. �%fo ist SEP 2 51980 Mr. Fosmoen: ...and we're pushing all of the ordinances through for that. Mayor Ferre: I'm not trying to do anything other than help them help themselves. And if what that requires is a Special Commission Meeting to waive whatever it is so that we can establish the Shell City as a proper location for a flea market for a period of eleven months or twelve months, then I think we ought to get on with that. is there anything that this Commission needs to do Vince, I guess is my question, or Dick. Is there anything we need to do today to expedite their request, Mr, Fosmoen: Simply recognize that the issue will be brought to you as quickly as the legal time periods allow. One other point perhaps the Commission is interested. I've been appointed by the Governor to serve on the Rcvitilization board in an ex officio capacity as the City of Miami's representative and also as a representative of. the Dade League of Citie to provide a link between the other cities in the area and the Governor's Revitilization Board. And we expect to work with that board very closely in developing the economic adjustment strategy. Mayor Ferre: And again, now that we have a full Commission here. Wier, is it that we're going to be choosing how to spend that one hundred -t,nusand, joint money from thra feds. Mr. Fosmoen: What's the time period for... Mr. Reid: The target date for selecting a consultant is the week of October 20th. Mayor Ferre: The 20th? Mr, Reid: And then... Mayor Ferre: The county has to select and and we have to select. Mr. Fosmoen: No, therO's a joint c:ommitee set up and the recommendations will come to the two Xanage.rs and to the Commissions for approval. Mayor Ferre: Okay. Father Gibson: May I ask a question. Mayor Ferre: Father Gibson. Father Gibson: Did you know anything about a hospital that's supposed to go on that site? Mayor Ferre: Yes. Mr. Fosmoen: Yes, sir. The Shell City Site has been committed to Dr. Simpson and his yrotip for construction of one hundred and fifty units of Section VIII housing and a relocated Christian hospital. The difficulty in the short run is getting approval through the Health Systems Planning Agency for an additional, how many beds, Jim? Two hundred? Mr, Reid: I think it's one hundred. Mr. 1:'osmoen: one hundred beds and getting financing for that. Father. Gibson: I hear what yob say but listen to this, Metropolitan Dadr. County has already given them an okay, Mr, Fosmoen: One part of Metropolitan Dade County has. Father Gib:.on: A]1 right, all r}ght,•all right, all right, all right. They k,avo one. That's strike one., Anyti.mu you're up to the bat and you have ;inr- you, you,con't have but two more to go. Isn't that right? Three strikes are out. Now, don't let us make the mistake of Metropolitan Dade County saying yes. The land belongs to HUD. HUD has SEP 251980 i.st Father Gibson (continued): already said yes. Okay? Mr. Mayor, do you know what we're doing? We're getting caught up into, you know, staff better tell those people. And you know what bothers me? Is ,you may end up later on, note, Mrs. Range and those sold that piece of property. Isn'.t that what happend? Dog gone .right they sold their property. They're going over there, than there will be all hell break loose. I say that you all better get your act together. Now, if you're going to let them go there on a temporary basis, you put it in black and white. Black and white don't lie. Okay? And I mean I want to make sure you write it. Otherwise, I'm going to be up here cussing every one of you out later on. Mr. Reid: The disposition of the land is within the control of .the County. That ought to be clear. Mayor Ferre: No, no. Father Gibson: You're missing the point, man. Mayor Ferre: May I, Father? Look, it's already done. You have a letter from Dr. Simpson. Vince Grimm has it in his possession, saying that he totally subscribes to and agrees to what's being done. Okay? Now you need to put ali that into the record and it has to be in black and white so that ten months from now, Bernie Dyer, who I have a great respect for, doesn't come down here and say, well we spent our sixty-five thousand dollar.: and we've done this, and now ,you're closing us down and you're going to causr. us to lose all our money and we need another six months, and tien all. of a sudden we have a problem between Dr. Simpson and HUD, and the Ccnir�,ty, and Mrs. Range, and Bernie Dyer, And what Fatlisr is saying is to avoid that. if and when you come here, you have it all in black and white, si.gn,:d by all the parties so that they all know what the rules of the game are. Period. Okay? You don't have any problem with that? Mr. Reid: NO, not at all. But what we will bring to you is a county agreement on that issue. Mayor Ferre: With Mrs. Range's signature, with Bernie Dyer's signature, with Dr. Simpson's, with all the players signing off on it. That's what he's saying. Father Gibson: Mr. Rcid; :[ don't know how you run your business, but I'll tell you how I'd run mine. I'd have them all in a room and make sure they understand what I'm saying. Otherwise, otherwise, you're going to be in trouble. Mr. Reid: We'll respond to that guidance, Mr. Commissioner. Julio Castano did want to wrap up in term, of specific activities of his department .related to the civil disturbances. Mr. Julio Castano: Mr. Mayor, Commissioners, very quickly I want to go over the specifics and the damage costs. In Miami, we have an updated figure of twenty-eight million dollars in damage plus a ...twenty-eight million dollar.; in damage with, and you can see the break down by areas of the City. The total is twenty-eight million dollars and those are the locations of the damage. And we can leave this up so you can study it further. But the logend tells you whether it was a fire, or a looting and a fire, and so on. Irreversabl.e damage is where the property was totally and absolutely destroyed. There is -no way to reconstruct it. Extensive damage is seventy-five percent to one hundred percent, moderate, fifty to seventy-five, and minor is below fifty. Mayor Ferre: I don't understand that.%figure. If you have a total of six million two thirty-three,:as,1s recall, the figures were that there was well over a hundred miPion dollars worth of damage ... no? Mr. Castano: Sir, in the City bP Miami there was twenty-eight million dollars of daindge. Ulty of Miami. Tot 1 County was about fifty-four. Is that correct? S E P 2 51980 .24 ist f, Father Gibson: Just remember, when you get out to certain areas you aren't —while the damage was there it isn't in our city limit. Mayor Ferret Okay. Mr. Castano: In otir area it's twenty-eight million dollars. Now, there is a figure, and I don't have that corroborated, and it's very hard and we're working on it, of about thirteen million dollars that was covered by insurance, so that's good. Mayor Ferret How much? I'm sorry, I didn't hear, how much? Mr. Castano: Thirteen million was covered by insurance. Mayor Ferret Thirteen of the twenty-eight was recovered by insurance. Mr. Castano: Right. Now that means that we're talking about a total of one hundred and seventeen businesses damaged. And they are broken down... Mayor Ferret Properties or businesses? Mr. Castano: Businesses. 11 Mr. Fosmoen: There was very little residential damage. Mayor Ferre: Very little residential. So the big impact was in the Model City area and ov,_-r.town really didn't get hit that bad. Edison is the second area, t.ha Grove is the smallest. Mr.. Castano: If: I may, Mr. Mayor and members of. the Commission, I'd like to focus on SBA loans. Of SBA loans right now being processed by Miami Capital Development Corporation, which is our development corporation, we have applied, and these are not the latest figures. I got the figures as of yesterday. We have submitted, that means the package has been completed and submitted to SBA for approval, one point five million dollars, well actually one point five zero nine, one hundred and eighty-eight dollars of which almost seven hundred thousand dollars have been approved. That's seven hundred thousand dollars compares to a total of three million dollars of SBA loans approved in the City of Miami. The remainder has been people who have gone directly to SBA, have gone to the Urban League or other agencies. Miami. Capital has done a third of that. Mayor Ferre: A third of the total or a third of seven hundred thousand, or a third of a million three eighty. Mr. Castano; All right. Approved in the City of Miami has been less than three: million dollars. So with the latest figures that have been approved which is approximately six hundred...seven hundred thousand dollars you're talking approximately twenty -hive percent... (AT THIS POINT, MR. CASTANO CONCLUDED HIS STATEMENT AWAY FRO14.THE MICROPHONE) Mayor Ferret okay. .in other ward's, of the three million we've done seven hundred thousand. And that's how many loans? Mr. Castano: Six approved, how many submitted? (INAUDIBLE COMMENT) Mr. Castano: Bight submitted. We have one loan that has been submitted, or it's about to be submitted for two point eight million dollars, for a major manufacturer. in Miami, I can't tell you the name but, it's a major manufacturer in the black area, it's going to get a loan for about two point eight: million dollars and will save approximately four hundred job::. Mayor rorrpo T rhrAre the SAA loans to people, the disaster loan package, to ppopit that lost properties? In other words, these are not new people that are coming in to put up new businesses. SEP 251980 ist Mr. Castano: No, no. These are disaster loans. I'm sorry, I should have said that. Disaster loans. Mayor Ferre: Okay, these are disaster loans, alone. Now, the disaster loans, the five, or sir or seven, are they white owned businesses operating in the affected area? Are any of them black owned businesses. Mr. Castano: White owned. There was five black businesses burned in the City of. Miami. Mayor Ferre: I see. Okay, but the ones that we're processing they are all white owned but they are in the affected area? Mr. Castano: Correct, sir. Mayor Ferre: And they employee people in the community? Mr. Castano: Yes, sir. Mayor Ferre: They are employing blacks in the affected area. Mr. Castano: Right, we'rc talking about approximately eight hundred and forty-three jobs, That's what we're talking about. Of the total production, and agair; this is not the latest figure, as of yesterday but when the chart vias done, this is a total financial report from Miami Capital, there .is in process and submitted approximately thirteen million dollars... Mr. Fosmoen: i'hes.: are outside of disaster loans. Mr. Castano: These are non disaster loans. (MR. CASTANO AGAIN STEPS AWAY FROM THE MICROPHONE, COMMENT INAUDIBLE) ...this dots not consider two major loans you are aware of one of them, and the other one I just spoke about which would approximately bring that number to about six or seven million dollars in sixty days. Mayor Ferre: Now let me ask you another question. How many of those companies, or fifty-seven firms or whatever it was that were burned down or affected, have moved or will. move out of the City of Miami and go to Fort Lauderdale or Palm Beach or some other place. Mr. Castano: I would say it's less than twenty percent. Some of them are major though. (INAUDIBLE: COMMENT) Mr. Castano: About twenty-five percent. There are about twenty-five percent of the firms that have moved out of here, although every single firm of the hundred and sixteen that were affected in any way, whether they were completely burned, or minor damage was sustained, were contacted personally. We have an active file on him. Even the ones that have left the City, we're still trying to attract them. As a matter of fact, this large corporation that we have -retained in the City of Miami is asking for a three million dollar loan from...it's a combination of HUD, UDAG, EDA and a commercial loan through industrial revenue bonds. And they are staying in the City of l'tiami, and that would retain approximately six hundred jobs in the black area. • Mr. Fosmoen: Are there any additional questions from the Commission. Thank you Julio. Mr.. Lacasa: Father. Father Gibson: Mr. Vice -Mayor, I do want to say that of all of the cleaning up that took place, -the btaff of the City of Miami ought to be congratulated. They were-Itht, gyickest to respond, and perhaps the most thorough in what they, dip. i say that for the record because I happen to have been on that committee and that was the comment made. S E P 251980 k6 ist 1, 1 a 4- 0... 4. IMPLEMENTATION OF PLANS TO INCREASE POLICE PATROL Mr. Lacasa: We are now on item number "C" of the Committee of the Whole. Report from Chief Harms on an implementation plan for increasing police patrol. Chief. Mr. Fosmoen: Mr'. Mayor, members of. the Commission, you asked for a report from the Police Department on how we're going to try and better deploy resources that we have to respond to some of the high crime areas and high crime rates that we have. The Chief is here to report on that. The memorandum from the Chief was distributed in the last several days and we have additional copies for you. Chief Harms: There's a three page... Mr. Fosmoen: In addition to the: major memorandum on deployment of personnel, we distributed for your .i.iifo-�ma�ion two additional reports on questions raised by the Commission. One concerning the system that is used for selection of officers and the second, a report on hiring in progress. Chief Harms: The t"rer page memorandum that. I submitted, in short, explains that we are reassigning fifteen officers who had previously been assigned to administrative functions to street patrol. That means that they're being put back into the uniform division and that will provide an additional two hundred aric, twenty-five man days per month to the field. W'e would anticipate through that reassignment that there will be some impact on t1lo specialized functions within the department. But it should also assist us in restoring the confidence of the community in the ability of the Police Department to provide response to their calls for service in a more timely manner. That will particularly impact on the: priority three and priority four calls. Priority five and six will still be delayed based on just their gross numbers that are coming in. In addition to that, we continue to deploy an additional number of officers on an overtime basis, working their days off seven days a week in order to provide additional coverage in patrol. Essentially, that's what the memorandum explains. Mr. Lacasa: Any questions from the members of the Commission? Mr. Plummer: I think the Chief should be congratulated that he is, you know, there's no question, I saw tlr,.'ty coverage last night where you appeared yesterday morning before the Chamber. I want to tell you, I'm sure I speak for the rest of this Commission, I have never seen it in my eleven years at City Hall where the percentage of calls we are getting are people who are truly .concerned about the situation. And I think this Chief goes to saying to the public, that we are aware, we are trying to do something, now you've got to work with us and we're going to work with you. And between the two of us we'll be able to do something in this particular area. And I think this is really what the people want to hear. It's what I want to hear because I'm concerned. And I think that this kind of thing is what the people are expecting from this Commission. And the Chief has done just what this Commission has asked to be done, address the problem. And it has been done and I congratulate you for it. Chief Harms: Commissioner, let me thank you and the balance of the Conunission for your understanding and support at this particularly critical time in thy- Miami commun'l'ties history. Your perceptions are the same as mine . Thn common.i.ty 11ne,; nnnA they've expected it, they've receival it in the past, they're entitled to it now and we're trying to accomodate-them in spite of the tremendous increases that we're faced with because of problems, some of them quite frankly, ist .97 SEP 251980 C Chief Harms (continued); are beyond our control. Mr, Plummer: Well Mr. Fosmoen, I hope that what you said as a preface to the Chief's remarks were only partial. As you know, I have asked on every agenda that there he an on -going report, a progress report as to what we are doing not only with the Chief's department, but Human Re-,ources about: the recruitment so that we can reach the end of next fiscal year with that strength of that department at a full eight hundred :and fourteen. And I hope t;;at the Chief is going to address that tU s morning and will do it on every agenda. Chief Harms: Yes, sir.. That's our intention. And let me have Chief Cosgrove make a few comments in that regard. He is in touch with that issue on a day to play basis. Your concerns are ours and we want to make sure that we're at eight -fourteen by this time next year. Mr. Plummer: Well Chief, I don't know if you read the paper this morning, but I think it's very interesting to note in this mornings article where the County Manager had been proposing two hundred additional pol.i.ce officers for his upcoming budget, has now modified his budget and is going to ruquest two hundred and fifty police officers. And I think this is something that this Commission is going to have to come to -rips with tomorrow night in budget. Ch2_c:f al.xrms: Yes, sir, I did read that and :[ agrue with .your comments about having to address this at budget tomorrow. I have a feeling that many people from the community will be here expressing a concern for more police protection lather than less. And I suspect that many of then will b: willing to pay the price for that protection. Mayor verr.e: Ch.i.ef... Chief alarms: Yes, sir. Mayor Terre: Where do we stand before the Justice Department on the recruitment throughout the State of Florida. And perhaps, I see Jack Sullivan is here. He: could maybe bring us up to date as to what the latest is with the organization as to...and Mr. Krause. Chief alarms: It's my understanding that all we're waiting on essentially, is for an opportunity to present the case to the judge, Judge Kehoe. And it's our firm hope and expectation, that he will understand the difficult situation wr3're in until that decision is made. And that he will give us an opportunity to provide a timely appearance in front of him. I think it's important to recognize that of the three hundred people that we currently have on an eligibility register, two thirds of them do not have city residency. And we can only, at this point in time, process one third of them. Mayor Ferre: we've got to really get on with the recruiting of police and we're really tied down. Is there any way that we can petition Judge, is it Judge Kehoe? Chief farms: Yes, sir. It's Judge Kehoe. And I would think that based oil your understanding of the prc+lblem that we're facing now, that a call would not be inappropriate to encourage him to render a timely hearing on this issue. Mayor Ferre: Mr. Knox, would that get us into ... I knbw judges don't like to be called to be pressured to accelerate hearings. But you know, we really have a critical position at this point. Mr. Knox: Well the Law Department, along with the Justice Department and we have urged also the legal counsel for the Fraternal Order of .•'!ce to call and simply ruquest tzgain,'again that the judge expedite this process. We dial file a motion asking for an expedited hearing which th.: judge has not ruled on ads vet. Mayor Ferre: Would it be appropriate for me to send a telegram? Or for .28 SEP 251980 ist . 0 0 Mayor Ferre (continued): the Commission to pass a resolution, pleading with the judge that we know.how busy he is, and how ... but this is really a crucial thing for the City. We need to hire more policeman unless we can get some help on that, you know. Jack, how does the organization feel? Is it a very strong feeling now or is that softening up a little bit? Mr. Jack Sullivan: Mr. Mayor, we've been in touch with the City Attorney's Office, and we agreed that we should go into the expedited hearing. I've instructed our attorney to call the judge to go along with the expedited hearing. I talked to lion Cohen this morning about that, as a matter of fact. Mayor Ferro: Are you going to fight very hard on this? Mr. Sullivan: No. We need the people on the street. Mayor Ferre: Okay. Would Mr. Knox, would you draft up then a telegram, based on a resolution that the Commission can pass in a little while? Mr. Knox: Hopefully, this will be sufficient, your honor. We will be in touch with the judge's; office again. And I would not really recommend it. Mayor Ferre: Okay, Judges get very upset sometimes when you try to pressure them. So maybe we'd better just leave it alone. Chief Cosgrove: .7us>t to reiterate the point for a moment, every portion of the pre -entry level selection component areas that we've shored up to accomodate the additional personnel, we are able to accomplish up to the point of yai.ning the necessary applicants to bring into our system. That issue right now is most critical before Judge Kehoe. We need seven hu;.drod applicants between now and October 23rd, next month, and we currently have three hundred that we've been able to recruit, one hundred and three of which are City residents and one hundred and ninety-seven are non -city. Now the test... Mayor. Fu rre. Are you advertising around the state or... Mr. Plummer: You just got to the point that I want to address after he's finished. Chief Cosgrove: Now the exam that we're giving October 1, if in fact, the issue is not resolved in terms of residency, all. right, we will only be able to process those one hundred and three people which will put us in a significant handicap in terms of accomplishing our goal of eight hundred and fourteen by October of 1981. It's an absolute necessity... we've have exhausted, I'm convinced, at,this point, the local City of Miami manpower pool to bring on to this police department. And we're losing a tremendous amount of qualified residents from Dade South, Dade North, University of Miami, Biscayne College. We cannot recruit at this time, any of those areas outside, the City until we get the concurrence with the court on the Consent Decree issue. Mr. Plummer: Okay, that's well and good. We have to live with the rules of what they are today. Now, my problem is this. N.r. Fosmoen, how is the police budget today as for,dollars for advertising? I just don't see that much. I have seen one public service program where one of the officers was on the program trying to explain about the need, the requirements and that, What I'm saying to you is, should this Commission address itself today with an appropriation of monies to allow more advertising. In other words, I want to tell you, I get people calling my office, and I'm sure other Commissioners do, wanting to know can they become a policeman. And thesq are residents of the City that don't... :r Mayor Ferre: Plummer, let me� ask ,yrn, a rnles*tnn v^i' kno- in nn1 i r..ics we target. Sometimes we go to advertising, sometimes we go to direct mail. 29 S E P 251980 ist Mayor Ferre (continued): Now, I'm...is thane any way...and the requirements are that you have to be twenty-one or over to be an officer. Mr. Plummer: High school graduate, drivers license... Mayor Ferre: No, yeah, but you see, I'm thinking of two things. Can we start targeting, for example, is there any way we can go to FIU and to the two junior colleges, North -South and downtown and perhaps put on seminars and have some advertising on the bulletin board, number bne; and number two, can we go down to the voters Registration and get the voters list of everybody age twenty through twenty-five, for example, and I think there might be ... you're probably talking about ten fifteen thousand names. And perhaps we can select mail to fifteen thousand people. Mr. Plummer: Well Mr, Mayor, what I really had in mind, a very successful program that was in Jacksonville, to recruit. And Dale up there is a very innovative kind of person. They went, and were very successful, and I'm sorry Miami Herald, with billboards. They actually used billboards. Now they're expensive but somehow or another Mr. Mayor, we are limited today to the City and we've got to get to those people who are potential. And I just don't think at this time, with a limited advertising budget that they're going to be able to do what needs to be done. Arid i just...if... I'm asking the Manager. Mayor. Ferre: Could you come back by the October Sth meeting, 9th meeting, with just a very simple analysis as to how we can improve our recruiting efforts. You and Mr. Krause. And specifically addressing Commissioner Mummer's request and any others that are made. I would like to recommend that we go to heavier publicity and seminars at the junior colleges and FTU ; two, that we go to the —to Joyce Dieffenderfer at the Elections Department and see if we can have the computer run for us every registered voter in Dade County from ages twenty through twenty- five; and three, how much it would cost for us to go to Pepy's or to Acko rly...the lady that. runs Ackerly came to me the other day, at some reception and said that she has two billboards that she will donate for the City of Miami for any public purposes that we have. Now if we can get, what's the name of their competitors? Well whoever it is, Donnally Advertising... Mr. Carollo: They own that. They practically have a monopoly in the billboard business now. Mayor Ferre: Ackerly? Mr. Carollo: Yes. The only ones you have left are some very small ones that are not going to be able to afford that. Mayor Ferre: Maybe Ackerly might give us instead of two, maybe they'll give us five or. something. I don't know. Maybe you could work into their giving... Mr. Plummer: Maybe they'll give us five if we buy five. Mayor Ferre: Would you investigate that? Mr. Fosmoen: We'll come back to you with an advertising promotion campaign. And some costs attached to it. • Mr. Plummer: Okay. But you know when I want it? I want it tomorrow. Okay, let me tell you why r want it tomorrow. Tomorrow night is budget. Wo're going to be making some important decisions. I think the Chief, yourself and Mr. Krause can get together with our Department. of Public Information and formulate a dollar figure, don't have to give me the full implemencation of a program,,okay? But I want it for tomorrow night. + CITI OU ist S E P 2 5 19so 0 9 Mayor Terre: Let me ask you something else. Are we competing with Metro? Chief Harms: Yes, we are.' Mr. Plummer: More so than ever. Chief Harms: That's correct. One of the reasons that we had held back on the major media blitz at this time is because we are still restricted to hiring from within the City. Mr. Plummer: You see, that's the problem. Metro is also in competition for two hundred fifty officers, but they are not limited to the boundaries that we are. Mayor Terre: Yes, 'out then see... here is what I'm trying to say. Rather than go out and compete with them may be we ought to get together... may be you and Mr. Jones ought to bet together and work out... why don't you guys ,:ut a deal where you know, they will leave us alone on those that live within the City. I think it would just be criminal for us to be competing... if they have got a much broader market chati we do at this point until the Judge gives us a break on it tliey shouldn't be going after people that live in the City. The, ought to just tell them "look, right now we. are going; to only deal with people outside of Die City l'.mits of Miami and give us the break on the ones that are within the City. Chief Harms: I gi.ite honestly don't think I can get that commitment from Joe, but you malt be able to get it from Mr. Stierheim. Mayor Forr.e: Mr. Man;gcr, would you call up Mr. Stierheim today? Mr. Plununer: Alright, let's get back to the other. Mike? How many we got in the academy presently? Assist. Chief Cosgrove: We �.;ot twenty-seven in now and we are going to be putting in between thirty and thirty-five October 6th. Mr. Plummer: Answer my questions. Don't get ahead of me. Assist Chief Cosgrove: Forty-seven now in the academy. Mr. Plummer: You 'nave forty-veven in the academy? Assist. Chief Cosgrove: Right. Mr. Plummer: Ok, when are they coming out? Assist. Chief Cosgrove: The firut group will be coming out in October, the middle of October. Mr. Plummer: Alright, how many are coming out in the middle of October? Assist. Chief Cosgrove: Thirty. Mr. Plummer: Thirty. There t.s a good thing to capitalize on... advertise The next portion •:f it? The other seventeen? Assist Chief Cosgrove: Approa imately eighteen of them... seventeen or eighteen of then will be the middle of November. Mr. Plummer: Alright, when the next class? Assist Chief Cosgrove. The next class will be starting October 6th. Mr. Plummer: October 6th. Pnd how,many do you have to put into that class? Assist Chief Cosgrove: We are targeting Approximat^ly !:'.:'.rty Mr. Plummer: Ok. Chief, i.0 tie last report you stated that you were endeavoring to work with the Criminal board... whatever the authority over the schooling. 3,1 SEP 2 51980 i C U Chief Harms: The Criminal Justice Institute and the elect to the academy was in fact reduced by a week in that hearing, in that meeting. Mr. Plummer: That's all? Chief Harms: That's correct. It bring it down to nineteen weeks in some instances, twenty in others when there is a mix of holidays included. Mr. Plummer: Do you feel that, that Criminal.... what do you call it? Chief Harms: Criminal. Justice... Southeast Florida Criminal Justice Institute. Mr. Plummer: Ok, do you feel that, that institute is sensitive to our real situation? Chief Harms: Yes, I do. Mr. Plummer: Then why couldn't they cram a course? Chief Harms: Well, they could, but other agencies are also involved and it's their recommendation after a task force or curriculum review task force set down and study the problem for some months or during the entire curriculum that the riding time and that's what would in fact be eliminated from the institute if we reduced it any further. That the program itself would be jeopardized by further reducing it. Now, that's the recommendation of the task force and that's the recommendation of the Council that sits in an advisory capacity to the insti.r_uta. Mr. Carollo: I hope you are not suggesting Plummer that we start giving out equivalence law enforcement. I think we have got enough in other areas within the City. Mr.. Plummer: I'm ,just... you know, I fully concur with their normal process, but what I'm really saying is we are not under normal times and whatever we can do to expedite T would want to do. Mr. Carollo: Yes, but J. L. it's bad enougt{ the trouble we are going through in recruiting candidates to be police officers and unfortunately since we need so many and we are so restricted we are not necessarily having the best that we could have. And on top of that if we are going to lower the type of training that they usually get that's going to put us in a bigger spot. Mr. Plummer: No, that was not my suggestion Joe. My suggestion was instead of having a nineteen week course where they may be go to school four hours a day is to go to a fifteen hour where they go to six hours a day. I didn't suggest that you lower the standards. I said cram. Saturate the course. Mr. Carollo: Well, they actually go to school a full work day and sometimes more then. &a I correct in that Chief? So it would be hard to do that J. L., unless you start going to... Mr. Plummer: Alright, I just asked. I didn't know and the only way I will know is to ask. Assist. Chief Cosgrove: We went through the complete curriculum with the director of the Southeast Florida Institute of Criminal Justice and I'm satisfied at this point that we are doing the best we can with that situation right now. Mr. Plummer: One other question I have. The P.S.A. Program. Where do we stand presently with that? Assist. Chief Cosgrove: Presently we are looking at twenty that were approved in the budget process. We have ten that was approved through the L.E.A.A. Grant. Plus we are also looking at obtaining twenty additional for a total of fifty during this current budget year which is just about the maximum we could probably absorb anyway with the influx of the other police personnel because we still have to process; them the same way. Mr. Plummer: Mike I'm a firm be'iiver that one of the problems that we have In the Police Department is a mal has the desire to go into the Police Department, but his desire is dampened because he also has to make a living, ok. And during JFP 17 -!� �V� i this long process of getting a man qualified and getting a man into school basically, as it stands today lie is doing it at the sake of feeding his family or himselt. Now, I'm also a firm believer that this P.S.A. and I know somebody has some problems with my terminology, but it's still applies, is one of the finest bull pens that you can have, that you are keeping the men interested. You are giving them a chance as a trial and then when they hit that 2011 birthday You have a ready made class to go into school. And Chief I orould hope and I'm spt,4aking only as one, that you would consider and I'm talking about tomorrow night, you know, "D" day. Dollar day is here. tomorrow night. That You increase that P.S.A. program so that we can have a more readably group of peop c: to go into school.. So I'm just speaking for one. Chief Harms: I would welcome that: opportunity. Let me share with you a couple of thoughts that came about as you were making your comments. The officers now or the potential officers are going through the testing mechanism The different stages of the qualifications, if you would, when they reach a ci:rta:'.n point or brought on board into the Police Department and there is not the kind of lag time that you were referring to before. We bring them into the Police Department prior to the class commencinw. Of the P.S.A. Program it wag recognized, the one we had as one of the best in the Country. It was funded under Title: I and III with CETA dollars. And when the funding ran out there was a laps between that period of time and the time that we were able to inclu.dt: them in the budget in general fund, from general fund monies. Now, we had foar P.S.A,'s ber_,inning this past year. October lst of last. We are authorized for an additional. twenty. Some: lag time in getting those twenty on board, 3 total of twenty and the ones that we. presently have in the training institute will be out within the next several day.-, I believe. Mr. P?.ummer: :ou say:, let me tell. you where I feel you are losing,. And I'm... Hey, ,ou know, I'm not roir:Lventin,; the wheel. You probably know this, but I Kot e.a prove it to myoclf. 7. think you are,losing a great potential of zeal betriaen the graduation in aibh school and the. 21st birthday. Chief Harms: We agree with you. Yes, sir. Mr. Plunx,ier: O*.k. Ar,d if you can grab and make an all out effort in the high school.. The last year of high school. to increase and encourage vocations in the Police Department and t:.e only way you are going to be able to hold those peoples For evci:itual police work is allow them to work in police work. And I think that :it's just a gold min of a potential there. To go into the schools in yot.r School. Resou.ce Officer Program in their final year and encourage vocations in the Police Depf:rtmont and to be able to tell them if you are interested here is a way you can go into police work, you can make a living and on you 20= birthday you got a shot. Chief Barns: We had a step process where we started, if you will, of in- doctrinating these youngsters in grade school through the P.S.A. Program and f.ollowirig then up through high school and then into college with recr.tiiting on the college campuses. That's when we are able to go beyond the City limits. We would hope to do that again. Our P.S.A. Program we think is a very valuable adjunct. to being able to bring ,round people into the Police Department and you are right on target with your comments Commissioner. Mayor Ferre: Chief let me ask you about attrition. Chief Harms: Yes, sir. Mayor Ferree: We are going to have... you said you have in the... you have forty-eight coming out between now and the end of the year. Is that right? Mr. Plummer: No. Mayor Ferre: Thirty and eighteen is forty-eight, Chief Harms: Correct. That's correct. Mayor T.-erre: Ok. Chief Harms: Plus a class of: P.S.A.ls'; Mr. Plummer: But they are also starting ci class In October 6th. Mayor Ferre: Yes. Chief Harms: Correct. SEP 251980 .00 1 W, r Mayor Ferre: But that won't be in... until the 1st of next year. Chiet Flarms: They gets out in April, The class graduates in April. Mayer Ferre: Yes, but that's what I said. Well, in April, I think is next year. Chief Farms: Yet;. Mayoi Ferre: Ok, so I'm saying there is forty-eight coming.., in what?, the remains of this year. Chief. Harms: Correct. Mayor Ferre: Now, how many officers or what's the attrition? How many people are we Losing that are resigning or retiring? Chief. Harms: Between seven to nine per month on the average. Vayor F�-r.re: Seven to nine per month? Chief Harms: That's correct. Now, that's for all reasons. That's normal retirements, disabilities, resignations. ,.,4 , re: I'm not asking that question yet. I will get to that. Chief I1a ms: Yes. :.t,yor Ferre: Now, if seven to eight, did you say? Chief Harms: Correct. Mayor Verre: Let's say seven. Chief Harms: Let average it at eight. Mayor Ferre: Eight. Let's say eight, ok. GIs it eight or nine or what is it now? Or let's... Mr. Plummer: Well, let me give you the figures I pulled yesterday from Pension. Mayor Ferre: J. L., I'm just trying to follow it. It doesn't really matter whether it's seven, eight or nine or ten. Ok, let's just take a figure for the hell of it. Let's take eight. Chief Harms: Fifty --six from the beginning of the year until now. Mayor Fern.: Ok, let's just rake... I don't care whether you take seven, eight or nine. It doesn't matter. I'm just trying to make a point. Now, you got October, November, December, January, February, March. That's six months before you get your April class out, Chief Harms: That's correct. Mayor Ferre: Ok. Now, six times eight is forty-eight. Right? Chief Harms: Correct. Mayor Ferre: If all of your cadets and all of your students come out and become sworn police officers by the times April comes around you will be at zero. Chief 1-laarms: It's called break even. That's correct. iltn;-or 1',Ok? So in other words when T. have got to face the people of Miami and they ask me about more policemen and they don't want any b.s., they want thr: bottom line. I have got to tell them that between now and April we will be damn lucky if we just keep a z�ro.' Chief }l�rm %, 4' s. Yes, there is two methods that we can increase the number of police officers on the street and I mentioned both of them a little while ago. One is to the moving of people back into street capacities at some .gild S E P 251980 . expense to special. and innovative programs that we have been administering. Mayor Ferre: But I mean dramatically. Chief Harms; And the second is through the expenditure of overtime to higher officers on their days off to work. Mayor Ferre: You went over that and I understand that we are going to go up to forty thousand man.... Chief Harms: No, sir about an additional six hundred man days per month between those two programs. Mayor Ferre: Well, I was doing it on hours. It's forty thousand or... was that the figure that you gave me the other day? Well, about six hundred man days, Chief Harms: That's six hundred.... yes, a little over sip: hundred man days per month. And a man day is a ten hour shift. Mayor Ferre: So that's six thousand man hours per month that we are increasing. Chief Harms: Patrol. flavor Ferre: Patrol? Chief Harms: That's correct. Mayor Ferre: In addition to which your.... does that include the people that are at desk jobs that are going; out? Chief Harms: That's correct. Mayor Ferre: That's everything included% Chief Harms: That's correct. Mayor Ferre: Including overtime? Chief llar.ms: That's correct. ?'ayor Ferre: Qk. Chief Harms: Well, we can expand the overtime and that's voluntary overtime at this point and phase III of that program might require a draft of additional people to compensate for the attrition until we can get those classes cycling out. Understanding of course, that the allocation of additional positions commences October 1st. Mayer 'Terre: My question is how many man hours does the Police Department excluding these six thousand man hours have in a regular month? Chief Harms: I don't know. Mayor Ferre: Well, can we guess at it a little bit? How many officers are there? Six hundred sixty of which fifty aren't on board? Chief Harms: There is currently six fifty, forty-eight of them are in the academy. Another fifty unavailable to service due to .Long term injuries and illnesses, etc. That drops it down to approximately five hundred fifty officers. Mayor Ferre: Qk. And under noimal circumstances in a month, how many hours do these five hundred fifty sworn officers work? Chief Harms: An officer on a four/ten pr(ogram works about a hundred eighty-five days per year. And officer on an eight hour shift working five days is about two ln:ndred fourteen days per year. Mayor Ferre: Who has a calculator ^rouiia her,?? Chief Harms: We have got one here, 'but he is not my accountant. Mayor Ferre: Well, I just want you to multiply, if you would, please, what .5 J i.1 G 1980 C r • . the number of man hours an average officer works times five fifty and give me the figure. UNIDENTIFIED SPEAKER: It would' be close to forty thousand man hours. Mr. Plummer: Yes, but let's give him a figure that really astonished me and let's deal with reality. l,lten you have a policeman working forty hours a week, you are very lucky to get twenty-two hours of street time and that's what's important. Mayor Ferre: J. 'L., please, I... you know, I realize that's a very essential thing, but let's... I just want to get to a point. where I understand what the hell I'm dealing with. How many man hours does the police department work during this month of September or last month of August or any average month? Assist. Chief Cosgrove: You want to take patrol? Street officers? Mayor Terre: No, sir. I want to take the full Police Department and I want to know how many hours the Police Department will work in one thirty day period. Assist. Chief Cosgrove: We have go back and... Mayor Ferre: 'like, I don't want a scientific figure. I want a very rough �:stluuate. MUlt:iply a hundred eighty by... Chief Harma: The average: offic_r works ten months a year. So if you are talking about one of the months he doesn't work his time is zero. If you divide the balance then we can come up.... Mayor Ferro: 'Then you have -ot to take that into account. Chiex Harm,: ... with as average amount of time that they work. Let's... we will. run some quick math on it. y Assist. Chief Cosgrove: If you took everybody with our current strength you would bu in the brill park of about a hundred two thousand hours per month. 1!.ayor. Ferre: 01c, that's... In other words, let's rough it out. It's about a hundred thousand ;:ours of police work in the City of Miami and this includes all sworn officers and people sitting at desks and making reports, out on the street... What? Assist. Chief Cosgrove: From the Chief down. Mayor Ferre: from tt•,e Chief on down. 0k, I understand. Now, we can actually 1.sti.matc. that half of that is actually time of people out on the street. Is that correct? Or is that too wild to guess? (BACKGROUND C01,01ENT INAUDIBLE) Mayor Ferro: So what we are talking about is effective time on the street is fifty thousand hours of people patrolling and when we add six thousand we are impneting it by ten percent or more and if you take in the whole you are only talking; about five percent. E.ssist. Chief Cosgrove: Ilut forty thousand though would only be for patrol. If you were adding other operational units to that you are looking to getting clone, I would say, to seventy-five or eighty thousand hours, air. Mayor Forre: Well, the bottom line. Dly question to you simply is it all sounds very nice for me to go out and say "ok, we have added six thousand man hours this next month". What the hell does that mean? Does that mean we have improved our impact in the community by ten percent? Five percent? Chief Harms: Whut that moans essentially is you add twenty-five officers per day to patrol in untform. Mayor i,ecre; t unaerstand. L t*n'k I got the picture. In other words, besides that we haVU twenty-five extra policemen? Chief Norms: Per day and it equates to more than that because in order to get ..6 SEP 2 51980 0 0 twenty-five officers a day you have to account for time off, days off things of that type. Mayor Ferre: I think all this stuff has to be documented before that judge when ever we get in front of him, because this is an emergency and we need to really address it as such. Chief Harms: We agree. Mayor Ferre: And Judge Kehoe needs to understand that we need... I mean, just to stand :.till we need several hundred people over the next couple of... over the next twelve months. And one thing that hasn't been mentioned which is a vary key thing the people that are leaving for whatever reasons are seasoned veterans. Most people that leave haven't been on the force just for a year or two. They have been there for five, six, ten, twenty years, whatever. Chief Harms: 'That's correct. Mayor Ferre: Hey, and what's coming in are people that have zero experience. Chief Haim,: That's correct and it takes some time to develop that experience, that expertise. Mr. Carollo: So this is why it's so essential that we are given the opportunity to recruit outside of the City of. Miami and this: is why I suggested that we go after the type of people that have their minimum standards, have police experience so that we don't: have to put them through the academy and we can put them right out on the roads right away. Chief Harms: We cert.ai iy would like to do that. The Dade Chief is now recommending that their members recognize the investment by a Police Department . when they seen someone '.hrouEh the academy and set up some sort of a Minimum time if the officer will ;stay with a particular. agency. That's to avoid some of the things that have appeared in the paper lately where one agency will go to the other and take people from them to the point where it affects the operation of the smaller agencies. Itayor Terre: Well, couldn't— have you .looked into the legals of that? Could we go into a contractual arrangement for a two year period? Chief Harms; Yes, that's exactly what we are looking at. Mayor Ferre: The army does that. If you go to the Air Force Academy or to the Coast Guard Academy in New London, Connecticut you have to sign a contract that once you finish that training in collegb you have got to give the Coast Guard three year:, of your lift. Chief Harms: That's a position that I presented to the Dade Chiefs two days ago to the Executive Board and I'm satisfied that the letter I wrote them and that conversation will lead to an agreement by the Dade Chiefs that they will extract to your contracts that if another agency pinks up one of their employees during that period of time that agency or the individual will pay for the training that's invested in them. Mayor Ferre: I think that may... it's the only way. Chief Harms: Agreed. Mayor Ferre: I think you need to get dnro that... the legal of that right away and formalize that so that as these people start coming out of the academy or before they even go into the academy they sign a contract legally binding. Chief Harms: Yes, sir we are moving very rapidly in that direction. Mayor Ferre: Any other questions on item "C"? Any other comments, statements? Sr,51981 .37 5. GREENLEAF-TELESCA PROPOSED WATSON ISLAND i4ARINA DEVEIOPMENT PRESENTATION. Mayor Ferre: Alright, we are on "D". Mr. Fosmoen: Air.. ;Mayor, some time ago you asked during a conversation about extending the leases to the two yacht clubs on Watson Island that we prepare a study to show you how to maximize marina development on that island. We subsequently entered into a contract with Greenleaf Telesca and there are representatives from Greenleaf Telesca here today to present those results to you along with some recommendations on implementation. John, do you want to lead off? Mr. John Gilchrist: Dick you already said what I was going to say. Mayor Ferre: i,ihere is the Watson Island Theme Park? Mr, Fosmoe:a: Ron Falkey is here from Greenleaf Telesca to present the results from their study. Ron: Air. Ron Falkey: Good 1.1r,rninE. My name is Ron Falkey, I'm with Greenleaf Telesca. 7'm the pro,ject manager for this maximization utilization of the waterfront for the east ra':ld north shore of Tolatson Island or specifically that area that is between tnc two clubs. The program that we have proceeded on... our guidelines, let m,: say is as we went into our design considerations, as we took into account that there would be no dredging the docks will be of a fixed docks ir. the tre tic design to take care of the concerns of the etiviromentalists and the water quality control. We... there will be no sea walls, no break waters. The marina fleet essentially will be considered of club members and local residents slip nantal by an annual lease. We are suggesting here several docks for live -aboard:: and with special wet slips with the necessary amenities to accomodate *hem. There will be no fueling. The Dock Master's Office will operate a pump out station. The marinas will have shore side restrooms and shower facilities and it is understood that this proposed maximization utilization plan will not prevent the implementation of the existing theme park. And we have generally considered the boats in the thirty-five to forty-five foot length overall class. The Miami Yacht Club... Mr. Fosmoea: Ron, do you want to -take the microphone with you so it's on the record? Mayor Ferre: And when you get around to answering also also answer why you didn't include the southue.-;t bank which has a marina on that drawing and next spoil bank. Wily wouldn't you include that? Or is that a next phase? Mr. Falkey: Well, this is the area of course, between the clubs. We have in keeping with the theme park. We have indicated the... one of the marinas would be starting as (COMMENT INAUDIBLE) and the original plan call for a copter pad and that is also on it. So we are a little blow up of that, but we are stoping short at shopping at the yacht club. Mayor Ferre: Then my question, I guess, is that does not preclude the eventual utilization of the space south of the proposed helicopter pad? Mr. Falkey: Absolutely not. So what we have accomplished here is we have maximized the Miami Yacht Club facility. We have rearranged the docks and continued out here and here is piers A, B, C and D. This would give us a maxim= wet slip dockage including the utilization of the eighteen existing wet slips of a hundred forty slips at the Miami Yacht Club. One hundred forty- seven. We met with the members,of the yacht club and they are very much in favor of the program as we presented it. The Miami Outboard Club which actU^..11.y -:".iSfieS ilYUL-hC.1: yCdpm nt of Cur ,,,11 �.:.o �;:v�... power goats. We have extended in a similar fpsh bn docks adding an additional thirty-eight slips and we suggest that theirliriternal parking of boats being used now that they could in fact construct a dry boat storage and if this goes into effect r• • SEP 2 51980 or if they opt for that th•are would be a small section of se& wall would have to be used to accoc:unodate the in and out launching of boats with fort: lifts. This relieves a remaining eight hundred fifty foot area between the clubs and I might say that this satisfies the desires in the clubs. 'There is no real interface and they can cperate and manager their own docks and may have a standby waiting list for all of these slips. We have space remaining for a hundred ninety-one slips and this is in that area that... excuse me, where the existing trailor boat launch ramp is. As important and as heavily used as that is we feel that this marina would be a much higher Ilse of that land and that t.railor lots can be transferred to another facility. This marina would be open for annual lease and as another feature of this we sugecst that the piers one and five be constructed i.n such away and designed in such away with the necessary amenities and environmental safeguards such permanent sewage hookups, television, phone, etc. In charging for that rate along with their little special shore side again, toilets, restrooms facilities, laundry, Jucuzz.i..and accommodate a live-aboards community there with zero overboard discharge. 'there is a demand for this type of a service and this would be certainly a.., it's unique to our knowledge of this redevelopment, but we find that there would be a considerable demand for this. Mayor Ferre: No, live-,aboards, we have got enough problems here. Mr. Plummer: Live-aboards, fine. On a one week basis which are transient. people. Olt, but live-r:boards that are takin advantage of all city services and not paying advaloren. ou a year round basis. Uh huh baby. That free lunch is over. Mr. I'alkey: Let me just ray onc: thing. The question there is whrathet the entire marina... proposed public marina would be purely for recreational boats. That is boat storaso in the :rater. Or it would have some transient slips in it and that's the question. Mr. . Plummer: : Fine:. Mayor Ferre: "ou sec, that's the •way it starts and then the next thing you know is that people are li.vinb on board because i.t's a nice life style and people get used to it. And then we end up having nothing but problems. I can't think of people that create more problems for this community than the live -aboard community. I'm sorry. I say it out front strongly, openly, publicly. 1 don't like them. I don't like what they do to this community. I don't like what..., tine quality of life that they impose on otters around here. And I don't want anymore. We got enough. Mr. Plummer: Let me ask a question. Mr. Falkey: Yes, sir. Mr. Plummer: Why would this (COMMENT I.NAUDIBLE)? Mr. Falkey: Well, our authorization to perform this work was to maximize this waterfront facility.. (C0,21,1ENT INAUDIBLE) . Mr. Falkey: That is correct. Mr. Plwiimer: That income in my estimation should go to the City of Miami, not the yacht. club. That's why we are in the negotiation. '.That's why, i:: I were the Mayor, this hc,licopter port can go,some where else:. (CO14MENT INAUDIBLE). They can go somee where else.. (CO,,MENT INAUDIBLE). I m just telling you how I feel for One. Mr. Falkey: There certainly.... the:... there is sufficient market. There is suffLciunt need. The, kind of demand,foc these slips to go to the general public and occupy and fill ae, many slips as. could be constructed. mr. Plunmier: Sir, if you did a s�udy and you arcs only using the word that there is :sufficient need. Thnt tells � 4, ... -.. ,.,�li.u;,ion to bet a space at Dinner Key. Mr. Falkey: Yes, sir. As a matter of fact I waited three years. Mr. Plummer: Well, I waited four. 39 SEP 2 51980 Mr. Fall(ey: And it never dial came up. Mr, Plummer: And neither did I. So the "suff'.cient" is not proper terminology. There is a crying need in this community for additional space in what should be the beating capital of the world. We can't even provide what is really needed. So what I'm saying to you is that T feel that we should maximize that situation. Get about it as quickly as possible. Turn it over to management so the City is not directly involved. Yes, let them expand on the clubs to a certain extent, but raost of it be retained by the people who purchased it. Mr. Falkey: Conunissioner the charge from the Commissions was to maximize for the cluLs as well within their eyist•inb leased properties and I would suggest that the next stage... that the next step the Commission should i'astruct us to pursue is the development of maximizing the marina facilities around the entire i.siand . Mr.. Plummer: That's exactly what my understanding was we can dicker and talk about who is going to run them at what cost and what return. Mr. Fallcey: Yes, I understand. Mr. Carolio: That's right Plummer and you know, I think we are going to have to start following our philosophy that Miami is going, to be for the Miamians. And I don't want to see us building additional marina space spending millions of a-+11sr�: :o that the private club can run it and three fourths front ninety percent L:« ; Ople are going to use those slips are outside from the City of Miami. Mr. Plummer: Yes, I understand. What'E• the next step? :1c. Fosmoe:n: sir. Mziyur, our bottom line on this and it relates to Item 33 on tine agenda is to rec!':-LVe Authorization from the Commission to proceed with the neCE-Issary economic ceas.thility studies and construction drawing and engineering drawing to issue re:vcnue bonds for this project. Mayor Terre: Well, we can put the constraints that are necessary such as the noes that Coimiii.ssioner Carol:lu just mentioned and Commissioner Plummer just mentioned ;iuuui: live-aboards and so oil. I for one think that getting more marinas in ?•tiamt is just as important as any economic development step that Julio Castanu is doing, and advertising in the Wall Street Journal or bringing in ten or twenty new factories for apparel ur having another Trade Fair of the Airertcas because the bolting industry that uses these type of facilities creates thousands of jobs and this community is in my opinion at least twenty years behind California. use ought: to have not eight hundred. We ought to have eighty thousand boating slips in this community. There is absolutely no reason why this should not be the boating capital of America and we are no where, rand being that. In fact, if you were to, if you were to rank the ten major, ten, ten major boating communities in America Miami wouldn't be anywhere near that. I will go further., if you were to put the first twenty boating facilities .in America Miami would still not be in the list. There are twenty other communities in America that have better boating facilities than ,Metropolitan Dade County ,ait-h thF. Miami area' and that is totally unacceptable. It is an economic factor as• much as the ait•port and as much as our seaport. There are thousands of Latin Americans that come here to buy, Bertram yachts and what have you and they stay at the Dupunt Plaza Hotel and they use taxis that are driven by members of this community and they shop at Burdines and at La Epoca and every other store conceivable. And iv is an economic necessity. We must move ahead. Mr. Caroilo: I would like. to propose something Mr. Mayor, if I may. Mayor Forre: Sure. Mr. 1wiro.11o: i would like to propose that all additional new marina slips that the City might construct in the future. That we give first priority to citizens within tha City of Miami. btaynr !',•i re: Absolutely. Mr. Carol1c): If after... if ft' at,er did happer whiCli T dn,+t, 1 r •�,nuld. If we have any marina slips left and jhore' is no citizens of Miami that want them then let's go and give them to someoa else outside of the City. ;Kayor Ferre: I totally subcribe with it. 4n SEP 251980 Mr. Carollo: But I want first priority for citizens of Miami in getting those slips. Mayor Ferre: Ok. Mr. Carollo: Because what has been happening is that here is someone from the City of Miami that has a boat. It might only be twenty-six feet long. And a marina operator won't give it to him, so he can give it to another boat owner that lives inside the City of Miami and has a boat that forty-one feet long. Mayor Ferre: Absolutely. I will tell you if you will make that part of the motion I will certainly vote for that. Mr. Carollo: Well, I would certainly make it in the form of a motion. I move it. Mayor Ferre: Alright, now, would you also include then in the... this is Item 33. Would you also include in that Plummer's concern about live-aboards ? Is that acceptable to you? Mr. Carollo: Ok, well, can you restate your concern again Pltunmer? Mr. Plumne.r: Well, that the only live-aboards be for transient type of activity. In other words, we don't want year round residents. We are talking about people who come down here... I think Miami Miarina presently has a thirty day... UNIDENTIFIED SPEAKER: That's right. Mr.. Pl.ununer: Is that correct, Dick? Mr. Fosmoen: Yes, t think there art, several and I will check this, but I... on Miami Miarnarina. There is one: ;uivanrage to having a Limited number of live-aboards and that's for security purpocjes. Mr. Plummer: Well, T understand that. Mayor Ferre: 1 will tell you, I think that with all due respects some of the .Live- aboards that I have seer. ate security risks and not... you know, some of these people that I see walking around there... Mr. Falkey: Mr.. Mayor? Mayor Ferre: Yes'. Mr. Falkey: I would say that the reaction of the Miami Yacht Club to the idea of live aboards was exactly that, that they felt it would be a greater riok than it would be security help. Mayor Ferre;: I don't know how Plummer wants to put this in words, but it seems to me that we ought to have live- aboards only for people that are in transient and for a very short period of time -to accommodate them and not repeat. In other words, I don't want somebody living aboard for thirty days, moving out for three days and then moving, back for thirty days more, ok. In other words, with that kind of wording that's extremely restricted. Do you want to put that into the... Mr. Plummer.: Yes, yes. Mayor Ferre: Do you accept that? Mr. Carollo: No, problem with that, sir. Mayor Ferre: Alright, is there a second to the motion then approving Item 33? Mr. Plummer: Second the motion. Well, wait a minute. Whoa, whoa now let me look at 33. Mayor Ferro: Concerning the planning and designing phase of the Watson Island Marina Project designating said project as a category "B" project. Mr. Pl"nuner: Alright, the only Mier'ion ? have to ask... and we are under discussion, correct? 1 Mayor Ferre: Yes. Mr. Plummer: Mr. Mayor, what about the point I jitst brought and ou..brought up 5r 13 �t Qu .41 C C about further west and elimination of the heliport. Mayor Ferre: Let's take one at a time. Mr. Plummer: But is that included? If it's included, then I want to make sure it is. The maximization. Mayor Ferre: I'm for that too. If you want to incllude... I would like very much for the design, the preliminary design to include the whole damn island. I'm talking about the northern part of the island. So that we don't end up saying five years from now "well, we didn't think of that". (BACKGROUND COMMENT OFF IqE PUBLIC RECORD) Mayor Ferre: No, no. John, you missed the point. I think Mr.... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I think what Commissioner Plummer was saying, if I heard him right,.. Mr. Plummer: Do what you can. Mayor Ferre: ... is that he wants the whole issue discussed on paper. Even though we may not only go to the building of one third of it or one half of it and that's something we will decide. Is that right Plummer? Mr. Plununer: Yes, sir. Mayor Ferre: Ok, anything else? Anything else? Mr. Plummer: Call t:he-. roll. Mayor Ferre: Any other problems? Mr. Larao-a: Just one question here? This has of course, been cleared with the authorities of the Part of Miami as far as the port... Mr. Fosmoen: It's not... It has on the other side. Mr. Falkey: Yes, all of those things will have to be cleared. There is a permitting process that's going to involve every.... Mayor Ferre: Obviously, this is the beginning or this is step two of a thirty stet)... 11 see Marilyn Reed is here. We are going to have to, you know, make sure that the Friends of The Everglades and the Audobon Society and all the other groups that are concerned with environmental questions are satisfied. We got to make sure that we don't... I don't want a five year protracted conflict of going to the Cabinet every six months to get approval to... because some of the... Hey, I have learned my lesson, ok, Ok, and I'm not going to do that anymore and 'Let's make sure that all the "t's" are crossed and all the "i's" are dotted and that we have the agreement of the Sea Pilots at the Port and that Lunetta is not upset about it and everybody... you know, lets make sure that everybody is on board. Ok. And I don't mind the negative editorials from the Herald and the News. Other than that I want to make that we do other things. Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION'NO. 80-681 A RESOLUTION DESIGNATING THE PROPOSED WATSON ISUND MARINAS PROJECT AS A CATEGORY B PROJECT WITH RESPLCT TO THE PLANNING AND DESIGN THEREOF, IN ACCORDANCE; WITH SUBSECTION (S) (a) OF ORDI- NANCE NO. 3965, ADOPTED JULY 23, 1979, WHICH SECTION ESTABLISHED PROCEDURES.IN CONTRACTING FOR SAID PROFESSIONAL SERVICES AND ALSO ESTABLISHED _ CO1fPETITIVL NEGOTIATION'REQUIREMENTS WITH REGARD TO 'ME FURNISHING 'OF SI1CH SERVICES; FURTHER IMPOS- ING CERTAIN CONDITI S AND CRITERIA TO BE FOLLOWED REGARDING THE USE AND'DESIGN OF THE PROPOSED MARINAS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). S E P 2 51980 0 Upon being seconded by Commissionex Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plunner, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 7. ECONOMIC DEVELOPMENT - WYNWOOD TARGET AREA. Mayor Ferre: We are now on Item PE. htr. Fosomoen: Mr. M�3yor, at the last meeting there was some allegations made about the conduct of the Economic Development as a program in the Wynwood area. That was on the... Mayor Ferre: Those al1et;ations were made by Emilio Lopez. Mr. Fosmoon: Mr. Lopez. Mayor Ferre: I saw... I have not seen Emilio Lopez, but I saw his... Mr. Fosmorn: Let me simply indicate to you Mr. Mayor, that we have not completed... We have not completed since your last meeting our investigation of this situation. Mr. Castano is here to bring you up to date on what has bappened, but we don't have n definitive answer for you yet. 14r. Julio Castano: Mr. Mayor and members of the City Commission, we met with Mr. Emilio Lopez, Manuel Silva and Jorge Font. We took a statement ourselves and the Office of. the City Attorney on the allegations that they have made We are working with the City Attorneys now to determine which one of these allegations and I can secs there is about two that could possibly, possibly have an implication with the City's contract with Wynwood. At this time there is no proof. Very little substantiation of this. Mr. Parkins, himself has conducted a independent inquiry on this and has found nothing. We would like to carry it to the end and take a statement from the other party and at that time we will give you a final report on our findings. But as of now we are finding very little. Mr. Plummer: Julio, you have had twenty-three days. Mr. Fosruoen: No, sir, it was at your last meeting. Mr. Plummer: When was our last... oh, on the .l5th? Mr. Castano: Yes, sir. Mr. Fos►noon: Yes, sir, that: was ten days ago. Mr. Plummer: Well, let we tell you only for one, ok. I was hoping that you would be able to come: :in with a full. answer and in leu of not a full answer an indlcat.ion as to whether we should hold up funding, Now, all I'm saying to you to I'm looki.r:f; to a a:nswor on the 9th of October in full or I want to tell you something. T.f you don't have an 5inswer only leads me to make one motion and that Is 1-bat ral.l. Fondi.nr• he held pending the results. And I don't want to do that. Mr. Castano: Fine. Mr. Plummer: Don't force me to do it is what I'm saying. S E P 251980 43 Mr. Castano: I understand Mr. Commissioner. Mavnr. Ferre: Alright, anything else? Any questions on Item "E"? i 8. LEASING OF GOODYEAR AIRSHIP BASE FACILITY TO DADE HELICOPTER SERVICES. Mayor Ferre: Take up Item "F". This is the future of the Goodyear Airship Base. Mr. Fo-z-.1nen: Mr. Mayor, let me... there is a memorandum being distributed to you no-. Let me apologize for 'it's lateness.However, Mr. Gilchrist was called out of town unexpectedly on family illness. Mayor Ferre: Well, we wi.l.l now take a few minutes to read the memorandum. If c � ,.neat to this right? :4r, Fosmocn: Yes, it :is. Mayor. Ferre: Well, I think it's a very important and needed services, but... .Are these the people that are there now? We are not going to create a competitor for them. are we? Mr. Fosmoen: t;o, Mr. 'ler. Keurst is there now on Watson Island. The problem is that leis lease expiri�s on October 1st at Opa-Locka Airport. Mayor Ferre: Yes. And how long does he want from us? Mr. Fosmoen: It would be on a month to month basis sir. Mayor Ferre: Ok, I ain't got no problem with that. Mr. Lacasa: And what kind of lease does Goodyear have with the City of Miami? Mr. Gilchrist: They have... the lease is based on a fee of two hundred dollars a month for the use of that land and4it's on a five year basis and has been renewed from time to time. Mayor Ferre: They pay us nothing. We... Well, I'm sure we can make much more money out of the helicopter people than out of Goodyear. Mr. Lacasa: What is what the helicopter people are going to pay us? Mr. Fosmoen: They pay us the equivalent of nine thousand dollars worth of service in a calendar year. Mr. Lacasa: What is that? Mr. Fosmoen: Well, they give us nine thousand dollars worth of helicopter time. Us, Metro/Dade for any purpose that we wish. For example, during the riots, the civil disturbances in May Mr. Ter Keurst has choppers up all the time. Mr. Carollo: I will acknowledge that. I was up there. Mr. Gilchrist; Their agreement is'to provide ten hours per month, per vehicle that they have over there on the island. Their obligation to that. In this case Mr. Ter Keurst supplied a much greater amount... Mayor Ferre: May I ask a quest'ior0' The Downtown Development Authority, they have c:usLomers, potenri-I dr-.1-1-oRers.. i oti know, Juli.o Castano who has people coming in from Latin America or from New -York or what have you. Do we... Do they know that we have that type of'time available? SEP 251980 Mr. Gilchrist: I have told Julio that myself directly. Mayor Ferre: Well, are we using it is the question? Mr. Gilchrist: No. Mr. Fosmoen: We have substantial bank of time sir. Mayor. Ferre: Do we get a monthly or a yearly report as to how much time we have used? Mr. Fosmoen: I have asked for an update from Tease ManagL-ment on how many hours of time we have banked with each of the helicopter services on the island. Mr. Ter Keurst: We, Dade Helicopteras furnished so far this calendar ,year in excess of nine thousand dollars. 'Iliat's not a total. That's just to date. And it is used for survey. For instance, taking other people out and showing them the area and development possibilities and so forth. Yes, it is. Mr. Plummer: Ok, let me tell you what bothers me. I saw once when: a great amount of these hours that are accumulated in the run of a year are not being used. Am I correct? itr. Ter. Keurst: That is correct. Yes, sir. Mr. Plummer.: Ok. Now, that's a crime. Mr. Ter Keurst: That's correct. Let me make a correction to your correction. It has been used for uur particular companies. Mr. Plummer: Ok. The point is ... Mr. 'Ter Keurst: Rasic,111y. t-just of the other unes have not. t,fr. Plummer: Ok, we have got what? Three companies over there now? Four companies? ' Mr. Ter Keurst: There arc five agreements. Mr. Plummer: five agreements which means fifty hours a month is what we have. Now, for that time to go out the window and is understand quite a bit of it is, why in the'hell aren't the Police Department using it who come here crying excuse me, not for the riots. I'm talking on an ongoing basis. Mr. Ter Keurst: They do. Mr. Plummer: Not i it's going out the window. Mr. Tar Keurst; Well, they use a good deal of time for photography or crime search and all that type of thing. Mr. Plummer: Have they got an ongoing program? Mayor Ferre: I will tell you how to do it. I will tell you how to make sure that it's done and that is to do it in reverse. Let them pay us the nine thousand dollars and then we sign a contract chat we will use nine thousand dollars worth of service and then you know darn well it's going to be used. Mr. Ter Keurst: Mr. Mayor, we have been trying to get this type of a situation for about five years. Mayor Ferre: If you get it in writing and with a... it has to be on a ninety or sixty or thirty day or something cancellation clause because I don't know, you know, f.iven if a theme park doesn't go on Watson Island I guarantee you something is going to happen to that property. We are not just going to have a f::l?uw piece of property. Mr. Plwnmer: Yes, but Mr. Gilchri.$):, you know, there. is no question that a great tool for Police Departments Us helicopters. A great tool for everyday patrol. The reason we don't have them as I'm told is the fact that you looking at sixty, seventy dollars an hour in maintenance and up keep on these things. ti 45 SEP 2 51980 Mr. Ter Keurst: You would never do it that cheap. Mr. Plummer: Well, ok, then you know, whatever it is. If we could give to our Police Department from this, which is going out tht: window now, fifty hours a month of helicopter service where they can implerient a program of the use of those helicopters. My God to let it go out and not utilize it is criminal. Mr. Ter Keurst: Commissioner Plummer, I think what you have is a situation down there that's really not quite fifty hours a month. I'm sure Mr. Fosmoen and most of the people that are involved in it realize we are the only full-time operator out there. We are the only one that's there three hundred sixty-five days a year. Mr. Plummer: That's fine. Mr.. Ter Keurst: We furnish to the City at least seventy-five percent of all helicopter time that is utilized by the City. One company, not five. Just one. Mr. Plummer: Yes, the others have an obligation, ok. Now, you know, times have chanted. I know that bid of ten hours has been into existence now for five years, ok. May be. we are entitled to fifteen hours a month now. Ok? Mr. Ter Keurst: No, question. Air. Mummer: Hey, all I'm saying is don't let the time go out the window when it can be utilized. Mr. Fosmoen? Mr. Fosmoen: I hear you. Mr.. Plummer: Tomorrow is "D" day. I want the Chief: contacted and tell us whether it woulci be L:ueficial to have a program of fifty hours of helicopters a month. Could he urili^.e it? How he could utilize it? Let's get some answers around here. Mr. Carollo: How much do you charge in your typical one hours time? Mr. Ter Keurst-: It depends Commi.s£iOner Carollo. It varies on whether it's an over water flight and whether it's a hazardous type flight or several other things. It will vary from a hundred forty-five dollars an hours to three hundred. Air. Carollo: A hundred forty-five an hour or, three hundred an hour? Mr. Ter Keurst: Two or three hundred depending on the particular use. Mr. Plummer: And I want a prohibition written in... Mr. Car.cl..l.o: Vic might need twenty hours instead of fifteen Plummer with today's prices. Mr. Plummer: Hey, it' negotiable. C,1n You get in touch with the Chief and tell. us how he can utilize that? Really. You know who does a helluvah job and you might bring to his attention, is Huntington Beach, California. They do a helluvah job with helicopters. But they were fortunate. They steped into some free helicopters. Plus they also got some military for parts and I understand that's the big problem. Mr. 'ter Keurst: By the way the best way to do•'this really, would be for the City to obt<<in free helicopters, They.are available to you. At least they have been in the past. Air. Plummer: Sir, there ain't nothing more permanent than temporary things around here. Mr. Ter Keurst: I understand that, but you could do it in a method where you could contract: us for instance to operate them for you and maintain them. Mr. P.luumner: My father always told me there fs only one think better than owning a pool. That's having neighbor that's got one. Now, you got the helicopters, you got a comma m nt of time to the City, I take up the offer. Mayor Ferre: Make your point and let's go to lunch. ow 46 SEP 2 519"" 0 ' 0 Mr. Plcramer: Hey, the point is I want the Chief to come back tomorrow and tell Tie what kind of a program and how many hours he needs. Mayor Ferre: Right. Mayor Ferre: Ok., anything else? Mr. Plummer: Well, I assume we need to pass some kind of a thing for the temporary... Mr.. Fcsmoen: If you will give us a motion of intent than we will take this to the Cabinet. We have to get Cabinet approval. Mayor Ferre: Make your motion. ;.Jr. �:.r.aer: I make a motion that Mr. Fosmoen's wording of my motion be moved. Mr. Lacasa: Second. mayor Ferre: rlri.ght, in other words, on a thirty day basis with all. the conditions that Plummer a-nd Carollo put down into the record about police work and all that. Mr. Plummer: Mr. Mayor that also included... well, no, may be separate Dick that we renegotiate those: that are presently there for additional hours. Mr. Carollo: That's correct. That includes everybody. Mayor Ferre: Ok, further discussion, call the roll. u Mr. Carollo: Thank you, very much for your service sir. Appreciate it. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 80-682 A MOTION GRANTING THIS REQUEST OF MR. WILLIAM TER KEURST, DADE HELICOPTER SERVICE, AND AUTHORIZING THE CITY MANAGER TO LEASE THE FACILITIES FORMERLY OCCUPIED BY THE GOODYEAR BLIMP FOR HELICOPTER USE SUBJECT TO INPUT BEING OBTAINED FROM THE CHIEF OF POLICE REGARDING MAXIMUM USE OF FREE HELICOPTER SERVICE TIME. Upon being seconded by Commissioner'Lacasa, the motion was passed and opted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commi.ssioner'(4ev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. .�� SEP 25190110 gip! 9. D LREXT FE.ASTBILI'lY STUDY OF I;STABI.rISII`11:NT OF PRLIARY HEALTH CARE CENTER AT LITTLE HAVANA COMNflJN1T'Y Ci::;TTiR. :. ., Mayor Ferre: We are now on Item "G", pr:Lmary health care facility for Little Havana Community Cent,.r, Mr. Lacasa? Mr. Lacasa: Mr. Mayor, in several, in several moetings all throughout the year, of the Community Development Program the Little Havana neighborhood has identified as one of the main needs o4 the area the location of a primary health care facility at the Little Havana Community Canter or nearby. The basic problem why this has not been i.mplc:nunted is because o:: lack of funds. We have never been able to locate a source of funding for this particular project. However, with the newly arrived refugees t:iie need for this pr.i.rnar•y hea Ln care facility as increased. The impact of these new arrivals in tha area on the emergency room of the Jackson 'L:.morial hospital has been vat•y substantial. As a result the emergency room of the Jackson Memorial. Hospital has been over crowded with people in need of these emergency type of scsr.•vices which could be rendered at this primary health facility. All wo need at this t:i.me from the City Commission is an expression of intent that anJ support_ of the idea because the monies could be secured from the federal help that going to came to tile area on account of the refugees. I have oen in touch with the authorities of the Jackson. Memorial Hospital and they feel. that this ;atl.l alleviate to a tremendous extent the pressure they have on them and 1 have been in touch also with people from the Little Havana ;de:Lgnborhood Conununity Du elopment: Task Force and they do insist that there is a need in the area. Aii;l au I said before the source of funding could be the new refugee funds and all we need is an expression as to ... Mayor Ferre: I have goL two questions. Number one, how would that affect the existing clinics? (BA1,'KGRoj'0 C0N'NQN ' O:rF THE PUBLIC R1:COR )) Mayer Ferre: Well., I'm Lalkinl;;:bout the clinics like the one on Flagler. The Cohan clinic, you know, on 12th Stref:+L and lst. Mi-. Laca!�.a: This pro ect has been. endorsed by some of those clinics. Actually, their have beitri sponsor.inr; the concept. And they could... Mayor Ferre: And wu wouldn't- be competing with them because they don't do that. Mr. Lacasa: ':Clay don't do ':his. Actually, this is not the type of services they provide. Mayor Ferre: l'Yf> second question is. We now have, how many,.. eight rescue units fur+r.ti.oning 1.11 the... IINTDENIJ.IrIED SPEAKER: No, six, Mayor Ferre: Six. Mr. Plummer: we just put the six on . Mayor Ferre: We have six rescue units. Now, how does it tie into out rescue system and would you propose that these, that these emergency centers %pork in conjunction with the Fire Department? Mr. Lacasa: Definitely, so. I believe that this; is only a... this concept is what we are discussing; here today. Now, 1st would be for the professionals and the health trust to get into the picture and work it out with Jackson Memorial Hospital because obviously, we will h«ve tt tremendous cooperation with Jackson since actually this is going•to alleviate the emergency room at Jackson Memorial Hospital. Mr. Plummer: Well, Mr. Lacasa let ms~�also.bring to your attention on the last agenda we passed a five thousand dollar grant to Dr. Hirschman, Mr. Carollo: We certainly did. .48 SEP 251980 ` 0 0 Mr. Plummer: What 's..• Don Hirschman. Mr.. Carollo: Hirschman. Mr. Plummer: And I believe that, that's exactly what that grant is addressing and since we gave the input: of dollars I think we ought to be able to give a little input of direction. So I would suggest that you or the Administration address this since we are putting dollars let's put some input into the thing because that's exactly what this thing was talking about. Mr. Lacasa: That's fine with me. Let's give the Administration the instructions to get in touch with our consultant and get to work on this. Mr. Carollo: I think Commissioner Lacasa's idea deserves a lot of merit. The only thing I would want to be assured of that if we do commit any additional monies from the City or any additional efforts from the City in acquiring this that we are going to have a hundred percent accountability of where that money is going to. In other words, what I'm trying to say is that I don't want to put our heads on thu chopping, block or give our mope./, give our time and effort in locating other monies and then we just create another program like many that we have that... wiatch just create some more boteas and I think that's one word that you don't have to be bilingual to understand. Mr. Lacasa: As I said before there are no monies involved from the City of Miami. It's strictly an expression of support of the concept on the part of the Goirimissi.on to reenforce the request from the Jackson Memorial Hospital of this particular idea to alleviate their owl' problems at the emergency room created basically by the new arrival of refugees from harlel that are in the area. Mayor Ferre: Do you WaIt to make this in the form of a motion? Mr. Lacasa: So I would like to mak" this in the form of a motion that we incorporate in Mr. Plurame-,-'s su�.Festion that wr instruct thu City Manager to get our consultant to work nil this and get in touch with the authorities at Jackson Memorial Hospital and the Little Havana Community Center Director and work out together a plan that could be implemented and also get into the picture our. mire Departmeiat at; far ns the rescue units are concerned. Mr. Cart�Ilo: Well, what. I would like to include in the motion that if it will be acceptable to the maker of the motion is that we do talk with Dr. Hirschman and also speak to all. the people that run all the clinics that are surrounding the area and Bret their input also. Mr. Lacasa: That is acceptable to me. Mayor Ferre: Alright, is there a second then to the motion with Chose conditions? Mr. Carollo: Second. Mayor. Ferre: Further. discussion? Alright, call the roll, please. The; following motion was introduced by Commissioner Lacasa, who moved its adoption. MOTION NO. 80-683 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO COMMUNICATE WITH ',-HF, CITY' S CONSULTANT', DIR. HIRSCHMAN, TO STUDY THE POSSIBILITY OF THE CREATION OF A PRIMARY HEALTH CART: FACILITY AT THE LITTLE. HAVA.N'A CO;fMUNITY CENTER, AND TO OBTAIN INPUT FROM THE LITTLE HAVANA COMMUNITY CENTER DIRECTOR, JACKSON MEPHORIAL HOSPITAL, AND SPECIFICALLY REQUESTING INPUT FROM THE OPERATORS or - PRIVATE CLINICS IN THAT ARKA. Upon being, seconclod by Commissioner Carollo, the motion was pas W'd Adopted by the following vote. AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner'(Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. FT SEP 10. DISCUSSION OF POSSIBLE REDEVELOPMENT OF SCOREBOARD AT THE ORANGE BOWL STADIUM. Mayor Ferro: Item "ITT, Orange Bowl scoreboard. Mr. Lacasa: Mr. Mayor and members of the Commission, this is a follow-up on this issue that was discussed at a previous City Commission hearing. At that particular time it: was requested from the Administration that they get in touch with the ',Miami Dolphins to see what their reaction would be towards the idea of improving our existing scoreboard and also to report to us on the question of the costs of the scoreboard. The installation and the improvements that has already been made and the fact that this scoreboard that I supply you with a photocopy o.0 installed by, I think it was Florida State University, at a mucli lesser cost r_han the improvement that has been made to our existing scoreboard at the Orange Bowl has much better far.ilit:es than the one we have. Mr.. Fosmoen: Mr. Jennings has had discussion with Mike Robbie. I will let him brief you on thoso-. discussions. And we have also met with representatives of--- what's the name of the company _? UNIDENTIFIED SPEAKEIA': Stcwart Warner Corporation. Mr. Fosmoen; SteaarL ne: Corporation as late as last evenint; to discussion alternatives to our scoreboard. tie do have some sketches and magnitude of cost figures from Stewacd 'V,',v,-ner and they range from a three hundred thousand dollar addition which wou-,d give its a larger moving panel up through a million and a half ;collar, addition, which would involve raising the scoreboard, adding the panels on the side, moving the sound tower and... major improvements to what we 'cave at the Grange Bowl today. mr. Plummer: Well, excuse me. I hope also you will address one other segment of tor. Lacasa's request last week and that the free advertising on that board with tic, revenue to the City for the purposes of their own self-interest. I hope that will be addressed also. Mr. Fosmoen: They final question on the scoreboard that the Seminoles have... I understand the cost was In they n-�ighbovhood of two hundred eighty thousand dollars and it is a smaller panel. That was the principle reason given to me. A smaller light panel. Mr. Lacasa: What do you mean a smaller... Mr. Fosmoen: A ,;m=iller light panel. A smaller light panel. Mr. Lacasa: No, you are absolutely wrong. It's actually larger. It's a four foot panel versus a two foot panel that is what we have at the Orange Bowl. It's an animated patie:l and we don't have an animated panel in the fashion that they are able to produce .:animation on the panels. Mr. Fosmoen: That's correct, but it is a shorter series of lights rather than a higher series of lights. I will tell you, you know that I was not involved in the decision of which scoreboard to put up there. I want to make one other comment and then perhaps Mr. Jennings can brief you on his discussions with Mike Robbie. On or about the 20th of October of this month the Finch Erie Report is to be presented to the County Commission, the City Commission and the T.D.C. Finch E'ri.e has been contracted by Dade County to prepare the final complete all a:t:,wer.i.ng survey on sports facilities in this community. Obviously, one of the things that they are looking at is redoing the Orange Bowl. One of their tasks is to estimate costs to redo the Orange Bowl in order to create a first class professional stadium. This Commission can of course, consider an investment of between three hundred and a million and a half dollars for an improvement of our existing scoreboard' in the Orange Bowl. It is my position that we see what Finch Erie has to say about renovation of the Ordtage Buwi in using T.D.C. dollars Tourist Develc�pwent'Tax dollars, for improving the sign as part of the overall renovation.+ Rather than at this point committing the City to an expenditure of five hundred thousand or so dollars. In addition, the Commission needs to recognize that we are not going to get any net revenue from the sign and the advertising that we currently have for three years. So .50 SEP 251980 if we want it next season to have a big new scoreboard or scoreboard without any infusion of. T.D.C. money, we are talking about spending our own dollars from some other source other than the revenue from advertising. Mr, Lacasa: Mr. Manager, at no point I have suggested that the City get monies from any other source to improve the scoreboard, first. Secondly, I would like for you to explain to me why is that the City of Miami under the present ci%'LUnstances is not going to get any revenues from the advertising for the next three years. Because my... no, my figures shows different, sir. My figures shows that the City of Matti, unless Mr. Robbie has succeeded to pull another one on us, which is probably a very strong possibility. My figures suggest that the City of Miami should be getting the first revenues from the advertising by the second half of the second season. And this is based on the fact that the contracts for advertising that the Dolphins have at the present time is about two hundred eighty thousand dollars per year. Is that figure correct? Mr. Jennings: Yes, sir. Mr. Lac:nsa: Two hundred eighty thousand dollars per year means that since the til:si- Tno,n.ies will go to the Dolphins so the Dolphins can reimburse themselves of the so-called, because so far it hasn't been proven to me that this has cost Four hundred forty thousand dollars, but let's assume that, that figure is correct for the sake of discussion, Tour hundred forty thousand dollars plus interest .01ou1.d 1 imarti.zed in less; than two years of advertising, because two years _. '.,�, ,.sing is five l;undr.ed sixty thousand dollars. Consequently, I don't :gee :at we should have to wait three years for reven+.ies to come from that source. ?�s. Jennings: Well, we begin to get significant dollars in the third year. There may be some dol.larL: le- t at the end of the second year possibly. But significant dollars will begin to flow to the City, net dollars, in the third year, I guess. Mr. Fosmoen: Right, Commissioner. In order to have a new bill board next yeaL we have to pay for it rome:how. We would have to go out and borrow the funds... Mr. Lacasa: Vhat do you mean a new bill board? Mr. Fosmoen: A new or expanded sign. Mr. Lacasa: Here again, sir you are coming to this from a different angle than me. I don't know from where did you get that notion that I wanted to expend at this particular time monies from the City of Miami in this. At no point in this discussion whether at the first City'Commission hearing on this or during this time or today i have. Mr. Fosmoen: Ok, then I misunderstood you. I had an impression that you wanted a new sign. Mr. Lacasa: I really don't know from whec'e you got that notion. Mr. Carol'lo: 1 just wish that we all would have taken as much concern in the past in protecting the City's interest in money while dealing with Mr. Robbie. I wonder how many people here have tasted or have spoken to people that have tasted the supposedly cold beer that we were going to get at the Orange Bowl. All 1 got to say is that I'm glad they are not serving milk there. Otherwise, it would have gotten it sour from being so hot. Mr. Lacasa: I believes that Mr. Carollo's concern about the beer should also be discussed because I have heard a lot of complaints. And he is absolutely right. 1 have heard a lot of complaints about the temperature at which the beer is being served and the kind of service is that the fans are getting at the Orange Bowl from that particular... Mr, C;: :;�: I'm glace to say that 41 was one of the two Commissioners that voted against that. Mr. Jennings: I'm sure the concessionaire would be glad to come before the Commission and... 4 Mayor Terre; Well, why don't you do that`; .51 SEP 251980 W t Mr. Jennings: And I will. certainly ask him to do that. Mayor Ferre: How much money are we going to make this year with hot beer? Hr. Jennings: On the beer alone? Mayor Ferre: Yes. Mr. Jennings: Probably two to three hundred thousand dollars. Mayor Ferre: I'm glad I was one of the guys that voted for it. Mr.. Carollo: Yes, but it was less than some other people offered us before using the same system and that's the ringer there. Mr. Plummer: How much are we getting from the concession of rolaids for the heartburns? Mayor Ferre: Ok, what else have we got? Mr. Lacasa: No, no, no I am waiting for Mr.. Jennings to tell me what has he discussed, if anything at all, with the Dolphins and also about the costs and what kind of research they have made and why the difference between what the Florida State University have and what we have and if he has seen the invoices of ene expenses that the Dolphins claim they have made and all that. Mr.Jenning,: On the first question first. I had a brief conversation with Mike Robbie the day after the last City Commission meeting. We did discuss the further improvement of the. ,scoreboard. At that particular time we did not have any definitive Information about what the improvements would cost because we naturally on that day Ividn't had the opportunity yet to meet with Steward Warner or anybody else to look at the options. We discussed the possible source of funding for the improvements., If... and keep in mind as I say this was a very casual conversation about it. I was talking to Mike Robbie and not Joe Robbie. I'm sure that the final, any final decision will come from Joe rather than Mike. Now, if you want to be... Mr. Lacasa: Any particular reason Mr. Jennings why in these days that have elapsed since we had our first discussion on this subject and today we haven't had any formal discussion with the Dolphins or with Mr. Robbie himself so the City Commission could have a follow-up,. formal follow-up on our resolution? Mr,. Jennings: The only reason I can give you is that we have been waiting to meet with the Steward Warner Corporation at first to get some dollar and find out what the cost would be of various options for improvement. Now, the first opportunity we had to get together with Steward Warner was last night. We had a meeting in Mr. FoSmoen's Office at 6 o'clock last night with the Steward Warner people and we did get some general cost figures with three different alternatives for improvements. Mr. Fosmoen has that information and I'm sure he will make it available to you as soon as possible. Mr. Lacasa: It was what he referred to at the beginning. So actually you intend to take this alternative to Mr.. Robbie, discuss them with Mr. Robbie and see if Mr. Robbie is agreeable to dooperate in the upgrading of the Orange Bowl. So at this point we have no answer one way or the other? Right? Mr. Jennings,. We have no definitive answer. No. Mr. Lacasa: Ok. And this will be subjected to a discussion based on the alternative that you are going to present -to Mr. Robbie that Mr. Fosmoen referred to? Mr. Fosmoen: Yes. Mr. Jennings: Yes, sir. Mr. Lacasa: Ok, so that's one of the'items. Mr. Jennings; Yes, sir. f .1 Mr. Lacasa: So we leave that pending for the next City Commission hearing. .52 SEP 45IJBJ 0 Mr. Jennings: The question as to the d-Lfference in cost. I raised that question with the Steward Warner people and by the way I showed them the diagram of the )±SU Board and I showed them the copy of the FSU contract that you had provided to me, lneic answer was in substance: two things. Number one, the company that built the FSU board is a company called Aims. The contract required Aims Corporation to construct the Board. But Aims Corporation did not install the Board at all, Florida State University did that, That would represent a substantial saving in cost. Mr. Lacasa: How much? Mr. Jennings: Well, I don't know. Perhaps Public 1-lorks could tell you today, but la'ior I'm sure represents in these days at least fifty percent of the cost of any product. Mr.. Lacasa: Ok, instead of speculating what I would like to have is a report you night be able to contact Florida State University and request a complete and detailed report on the cost of both the scoreboard and the installation of the• scoreboard and then we will have the figures to establish the comparison. Mr. Jennings: 'nie other item was that... the other factor of cost was that we had the west end game and progress board installed which i.s... we had two boards, in other words and ttuay only got one. So... Mr. 1,aca3a: The wir:,le chinc,. Bob, the whole thit•,i;. Let's get tier comparison on the whole thing se we: :now exactly what we are talking about. Ok, so that leave about... 'sir. Je::r:nings: The th.irda question you asked wxS with regard to the, you know, an audit of t:he Tiol ph inr; :i.nvescment, ctr., , and 1 can only say wh t I did before that this audit will be:! .omducted by t?:u City Internal Audit Department as soon as the book, are made avail able. to them. I can't really speak to that... Mr. Lacasa: I woulrt l Lke tt) huve a report on that. Mr. .Jennings: Yes, sir. Mr. Lacasa: Ok. And another thing is the question of the free advertising that the Dolphins are enjoying at this particular time out of. this... Mr. Jennings: Wo co have, control of that situation tinder the contract and we are in the process now of 1113tituting controls over what is shown on the scoreboard. the scoreboard,.. the: contract. Our contract with the Dolphins says that we operate and control the scoreboard, Mr. Lacasa: Ok, so .t fool, I feel that if the Dolphins intends to advertise the Striker tickets or advertise the Pro Magazine which are profit making enterprises for the Dolphins they should pay for that and it will be a matter of discretion whuther or not it is appropriate to have advertising in that part of the scoreboard. BocJe,:ie m,, understanding was that we were going to have advertising, not on the scoveboar.d, but in the perimeter and that this ecoreboard is sr:~ict:l.y to s rvicu the fans that goes at the Orange Bowl with informar.ion pertaining; to the game or other games of the \ational Football Longue. Mr. .1enning;s: Thera arc, some, %s long as you brought this up. There are some areas that become quite a b,it gray with rag;ard to what's shown on the message line of the scoreboard. For instance, there is a question of what's in the public .intorost and in wluit ropre:sents advertising and I will give you tin example. Wu are and did at tlae last gamy, we have been ;advertising on the scoreboard ourselves, the: City, in the public interest the fact that we are going t.o have the Ali/Holmes fight at the Orange Bowl on close circuit television. This is some that's going on in this Cir.y. It'a Q sports event. Mr. Lacasa: That is differenr. Mr. Jennings and I do agree with you on that, but that is the City of Miami providing a service to our citizens. Our taxpayers. And another thing, is the promotion of the privatE# enterprise of anyone else. Mr. .jennings: Well, I ag;roo to rihit, ' And! I'm perfectly willing to accept your judg ument. You know, T guess 'I m asking', you. You know, what sort of Judgement do you want me to exercise. For instance, you have at the stadium sports fans, obviously. Thoy are 010174 to watch a.foot`aall. game. The fact 'that the Strikers are a nntional... they Tire in the NSL, They are a professional team, To some Mu SEP 251901101 0� t extent the people in that stadium, I would think would like to know that the Strikers are going to be playing a week from today. It's in the public interest. Certainly in the interest of sports fans to know that. So I'm asking for you to tell me what my judgement ought to be. Mr. Lacasa: So the appropriate thing to do will be to sell that advertising to the Dolphins or to the Strikers rather than to the Dolphins, because they are a profit making enterprise sir. Profit making enterprise. If they benefit so the citizens should benefit: and the way that the citizens could benefit will be through their payment of advertising fees as anyone else. Mayor Ferre: I think what Commissioner Lacasa is saying is that if it's a real public purpose ad and it serves a total public purpose. For example, we have a non-profit boat races or we have our lady of charity gathering at the Miami Marina on September 8th of every year. I think that's a public purpose or for example, some religious service or a Boy scout or United Way. Those are public messages, but entities that are profit making who have a message be they related to the Dolphins family such as the Strikers, if they are going to advertise Should pay for the... for that advertisement. Mr. Fosmoen: Let us develop some guidelines Mr. Mayor on how we would use that. I think that's a reasonable request. Alright, Mr. Lacasa, anything else? itr.. Lacasa: No, nothing else. Mayor Ferre: is there any motions or actions that need to he taken at this time? Mr.. Lacasa: I don't think so. Mr.. Plummer: let 110 j•.13t ask a question. Getting back to the other question about the cemper3tttr.e of the beer and things of that nature. As I recalled the one. thing I was successful on which was not very much, was that we retained quality control.. Am I correct on that? Now, I think that we should make it know that this Commission is concerned about quality control and Bob I expressed to you and I will put on the record, my fourteen year old came to me the other day and made mont:inn of the fact that she tried to buy a coca cola in the Orange Bowl and she went through seven beer venders to one coca cola vender. Now, I think we ought to keep an eye on that as well. Mr. Jennings: I might mention. 1 have discussed that with the concessionaire who tells me that there would be nb reason at all that he would do that purposely. And his explanat-ion was that there: is actually more profit to them on the sale of a glass of coca cola there is on a glass of beer. So they would rather sell coke. So... Mr. Plummer: Ok.. I'm just bringing it up, ok? If there is nothing to it that's fine. But I have to go hom(_ and face that fourteen year old and she is going to want an answer. Mr. Fosmoen: Mr. �L-iyor? Mayor Ferre: Well, before we break up we have a*gentlemen.. We have a gentleman anti I don't know whether he has walked out, but Mr, (inaudible). He was just here a moment ago. Mr. Fosmoen: Your policy on those kinds of issues is that if he wishes to be heard you would hear him at the end of the City Commission agenda when someone asks. Mayor Ferre: The problem is that we have citizens that have serious concerns about the Police Department and I... if hp were here I would have recognized him, but since he is not hire 'I, would just submit his petition into the record with all the signatures and perhaps the City Manager's Office or the Police ^epartnent can answer Mr. (inaudible). (}3usinessmen of Downtown Miami, signed a petition concerned about the extraordinary increase in violent crimes committed in this area, demanding more effective police protection from the City of Miami) 1 ' .64 SEP 251980 Mayor Ferre: (Cont'd#Alii.ght, your petition has be lily recorded into the record. I e a•sked the ,tanager to have so,._.00dy in the Police Department immediately vistit with you and you w111 have somebody visit with you. If you want to address the Co,,znission beyond that at any time in the future please submit your name and we will put you on the next agenda, ok? WHEREUPON the City Commission recessed at 12:35 and reconvened at 2:05, with the following members of the Commission found to be present: Commissioner Plummer, Rev. Gibson and Mayor Ferre. ABSENT: Commissioner Carollo and Vice -Mayor Lacasa 11. AUTHORIZE CI1.Y IIANAGER TO ACCEPT PAYMENT OF $6,000 FROM +� U.S. DEPT. OF COnl,[ERCE, MARITIME ADMINISTRATION "TWELF'111 MEETING OF INTER-AI4ERICAN PERI-IANENT TECHNICAL C0'MITTEE ON POSTS" Mayor Ferre: We can take up Item #14. Alright, this is authorizing the Manager to accept payment of six thousand from the U.S. Department of Commerce, Maritime Administration. Mr. Plummer: Dove it with pleasure. ,Mayor Ferre: Piuimier moves, Gibson seconds Item V14, further discussion on Item 14? Call the roll, ,Tease. The following resolution was introduced by Commissioner. Plummer, who moved its adoption: RESOLUTION NO. 80-684 A R'r:SOII)TION AUTHORIZING THE CITY MANAGER TO ACCEPT PAYMENT OF $6,000 FROM THE U.S. DEPARTI•IEN" 0? CO,2,'ERCE, MARITIMME ADMINIS- TRATION, titi'I ICEI MONIES WILL BE UTILIZED BY THE DVPART'.•IENT OF :TRADE & CO2%,ERCE DEVELOP- MENT FOR COORDINATING AND PRODUCING THE "TWELFTH MELTING OF Tr;E I'iTER-A'/,ERICAN PEPUMANENT TECHNICAL COMMITTEE ON PORTS" IN THE CITY OF MIAMI, OCTOBER 14-17, 1980. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: ',,it. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Lacasa. 1.2. I'IRST READING ORDINANCE: ESTABLISH NEW TRUST AND AGENCY FUND "ItARITI'ME ADMINISTRATION CONFERENCE ON PORTS" Mayor Ferre: Is Item 15 controversial, the Maritime Administration Conference on ;»rts, six thousand... Mr. Plummer: That's part of ,this one Mr. Mayor. Mayor Ferre. Is there a motion? Mr. Plummer: I move fifteen b•eausq it's part of 14. Mayor Ferre: Alright, Mr. Plummer moves Item 15, Father Gibson seconds it. Would you please read the ordinance Mr. Knott on first reading, Alright ,��th�V rCdisc sion, call the roll, please. ((�� f V AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 3.977, TIME SUN 4,kRY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "MARITIME ADMINISTRATION CONFERENCE ON PORTS", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $6,000; CONTAINING A REPEALER PRO- ViSIONI AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Vice -Mayor Lacasa. 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. PCEPT BID: SIDEWALK AN-D STREET LIGHTS COCONiJT GROVE BUSINESS AREA ;1 Mayor Ferre: Alright, 17? Mr. Plummer: Move seventeen. M,.yor. Ferre: Alright, there is a motion on Item 17, is there a second? Rev. Gibson: Second. Mayor Ferre: Is there further discussion, call the roll. The following; resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-685 A RESOLUTION ACCEPTING THE BID OF SUNSET ENTERPRISES, INC. IN THE PROPOSED AMOUNT OF $24,319.00, BASE BID "B" (STREET LIGHTING) OF THE PROPOSAL, FOR COCONUT GROVE BUSINESS AREA - SIDEWALK AND STREET LIGHT MODIFICATIONS (2ND BIDDING); WITH MONIES THEREFOR ALLOCATED FROM THE "HIGHWAY GENERAL. OBLIGATION BOND FUND" IN THE AMOUNT OF $24,319.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND TIME AMOUNT OF $2,675.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND T'IIE AMOUNT OF $730.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORAT'ORIIES, ,AND POSTAGE; ALLOCATING FROM SAID FUND 'IIIE ,AMOUNT OF $1,086.00 TO COVER 911E INDTREC'CCO'.T, AND AUTHORIZING THE CITY MANAGER TO EXL"C1Tj A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). ;,j S E P 2 511980 f f Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None, ABSENT: Vice -Mayor Lacasa. 14. ACCEPT BID: BISCAYNE BOULEVA10D BEAUTIFICATION PROJECT N. E, 53rO STREET TO N. E. 87TH STREET Mayor Ferre: Alright, there is a motion on Item 18. Mr. Plummer: Second 18. Mayor Ferre: Seconded by Plu-,rmer, further discussion on 18, call the toll on 18. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-686 A RESOLU 1ON ACCLFTING THE BID OF D.M.P. CORPR0,1T 1G'1 IN THE PROPOSED AMMOUNT OF $69,699.20, BASE BID OF TIME PROPOSAL, FOR tBISCA NE BOULEVARD BEAUTIFICATION PROJECT; WITH XONTES THEREFOR ALLOCATED FROM THE: "FLORIDA PUIdER AND LIGHT rRkICHISE EARNINCS" IN THE AMOUNT OF $69,699.20 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $7,666.80 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF 81,393.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORAIORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,087.00 TO COVER THE INDIRECT COST; AND AUTHO- RIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa.' I+ .57 SEP 251980 V ' . -3 15. ACCEPT BID: AUTOMATIC OFF-LINE COLLATOR FOR tdept. of building and vehicle maintenance Mayor Ferre: Take up 19. Rev. Gibson: Move. Mrs Plummer: Second. Mayor Ferre: Alright, it's been moved by Plummer, seconded by Gibson, further discussion, call the roll on 19. T4•.a following resolution was introduced by Commissioner Plummer, who moved ics adoption: RESOLUTION NO. 80-687 A RESOLUTION ACCEPTING THE BID OF APPELL-MACKE, INC. FOR FUR- NISI-iING ONE OFF-LINE COLLATOR FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE: AT A TOTAL COST OF $13,800.00; ALLO- CATING FUNDS FROM THE 1979-80 CAPITAL EQUIPMENT BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCIL.SE ORDER FOR THIS EQUIPMENT. (Here i'ollor:s body of resolution, omitted here and on file .in the office of the City Clerk) . Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Pluuuner, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa. 16. ACCEPT BID: HEAVY DUTY OFFSET DUPLICATOR FOR Department of Building and Vehicle Maintenance Mayor Ferre: Any problem on 20? Mr. Plummer: Move it. Rev. Gibson: Second. Mayor Ferre: Moved by Plummer, seconded by Gibson, further discussion on 20, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-688 A RESOLUTION ACCEPTING THE BID OF A. B. DICK CO. FOR FURNISHING ONE HEAVY DUTY OFFSET DUPLICATOR FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTXNANCIi; AT A TOTAL COST OF $8,062.00; ALLOCATING FUNDS FROM THE 19,79-80 CAPIIAL EQUIPMENT BUDGET OF THAT DEPARTMENT AUTHORTRTNi, q4i: rt:t1Y MAM-RR ANT) THE. PURCHASING AGENT TO ISSUE THE PURCHASE ORDER IJOR ('JIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). SEP a 5198U 6. Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa. FURTHER DISCUSSION: Mr. Carollo: And Item 18, dial we finally get explained why if .the contract was for seventy thousand dollars we are paying eighty-two thousand almost. Mr. Plummer: Mr. Carollo, they are furnishing to me a breakdown on that which they are using as a percentage as it .applied to the one item. And as soon as thev do I will supply it to the rest of us. They are applying a percentage is what they are doing. 17. AUTHORIZE CITY MANAGER TO REIMBURSE "FARREYS HARDWARE" $10, 400 DEMOLITION & CLEARANCE COSTS - MAY CIVIL DISTURBANCES Mayor Ferre: Item 21.? Rev. Gibson: Move. Mayor Ferre: moved by G:tL• son, Mr. k'luuanwr: I second it. Mayor Ferre: Secolided by Plummer. ,dz. Plunur.(_-r: I hope the Administration takes heed that the private sector did it a lot cheaper than we did. Mayor Ferre: Further discussion on Item 21, call the roll, please. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-689 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE THE OWNER OF FARREY'S 14HOLESALE HARDWARE CO., INC. IN THE AMOUNT OF $10,400.00 FOR DEMOLITION AND CLEARANCE COSTS INCURRED FOR THE RE40VAL OF BUILDING LOCATED AT 7225 N.W. 7TH AVENUE, MIAMI, FLORIDA; SAID PROPERTY DAMANGED BY THE CIVIL DISTURBANCES OF MAY 17-19, 1980. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was panned and adopted by the following vote: AYES: Mr. Carollo, Mr.. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSf:NT: Vice -Mayor I,.acasa. 59 SEP 251980 t 18. AUTHORIZE CITY MANAGER TO ACCEPT GREu\TS: "KWANZA FESTIVAL - 4TH YEAR" Mayor Ferre: Gibson moves 22. Mr. Plummer: I second 22. W1. Mayor Ferre: Seconded by Plummer, further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO, 80-690 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CRANTS FOR A CULTURAL PROGRAM BASED ON AFRO-AMERICAN HERITAGE ENTITLED "KWANZA FESTIVAL -4th YEAR" FROM METROPOLITAN DADE COUNTY, THE FINE ARTS COUNCIL OF FLORIDA, THE NATIONAL ENDOWMENT FOR THE ARTS, AND OTHER REVENUE SOURCES, AND FURTHEA AUTHORIZING THE CITY. 'KANAGFR TO EXECUTE THE. NECESSARY IMPLEMENTING CONTRACTS AND AGREEMENTS UPON RECEIPT OF THE GRANTS. (Here: follows body of resolution, omitted here and on file lo the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. AESENT: Vice -Mayo: Lacasa, 19. CHANCE NAAiF. OF CITY OF MIAMI ADVISORY COUNCIL ON ECONOMIC DEV. to: CITY OF MIAMI ADVISORY COUNCIL ON TRADE AND COMiiERCT: DEVELOPMENT Mayor Ferre: Take up 23. tdr. Plummer: Move it. Rev. Gibson: Second. Mayor Ferre: Moved by Gibson,.seconded by Plummer, further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-691 A RESOLUTION CHANGING THE NAME OF THE "CITY OF MIAMI ADVISORY COUNCIL ON ECO- NOMIC DEVELOPMENT" TO THE "CITY OF MIAMI ADVISORY COUNCIL ON TRADE AND COMMERCE DEVELOPMENTV. (Here follows body rasoa.uLiun, omicted here and on file in the OffiQb bf the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: 0 a AYES: Mr. Carollo, fir. Plummer, Rev. Gibson and Mayor Ferre. NOES; None. ABSENT: Vice -Mayor Laeasa. 20. TRANSFER AVAILABLE FLORIDA POWER AND LIGHT FRANCHISE FEES TO THE CENERiU., FUND Mayor Ferre: Take up 23 "A". Mr. Plummer: Move it. Rev. Gibson: Second. Mayor Ferre: Mr. Gary? Mr. Plummer: He. is not here yet, sir. What's you question, I will try... Mayor Ferre: Are we woving .111 of the funds from... Mr. Plummer: No, sir, thy: balance of the funds for this year. your hundred seveenteen thousand dollars. Mayor Ferre: Four. LUCdriid seventeen thousand? Mr. P.1ummer: Ye;, Sir. Mayor Ferre: Alr.ighc, it's been moved and seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-692 A RESOLUTION AUTHORIZING THE TRANSFER OF AVAILABLE FUNDS F1:61 FLORIDA POWER AND LIGH FRANCHISE FEES TO HE GENERAL FUND. (Here follows body of resolution, omitted here and on file in the Office of, the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr.. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None, ABSENT: Vice -Mayor. Lacasa. 21. CLAIM( SETTLEIfENT: ZSIGMOND SZABO AND AVA SZABO. Mayor Ferre: Take up 25. Mr. Plummer: If Mr. Carollo is satisfied I move it or he can move it, He was the one that questioned all of 'these items to defer. Joe, this is the... Mr.. Carollo: I meet with the CAy'Attorney"s people on this and... Mr, Plummer: Your question resolved? 61 S E P 251980 Mr. Carollo: It was resolved, so I move it. Mr. Plummer: I second 25. Mayor Ferre: Alright, there is a motion and a second on 25, further discussion, call the roll. The following resolution was :introduced by Commissioner Carollo, who moved its adoption: RESOLUTION 140. 80-693 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE O 'PAY ZSIGMOND SZABO AND AVA SZABO, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $27,000.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AS INDIVIDUALS AND AS HUSBAND AND WIFE, AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI OF ALI, CLAIMS AND DI.2 SANDS . (Here follows body of resolution, omitted here and on filet in tY!.e Office of the City Clerk). Upon being; second(--d by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor 22. CLAIM SETTLEMENT: ISABEL RODRIGUEZ Mayor Ferre: How about 26 Joe? Mr. Carollo: Move it. Mayor Ferre: A]. -right, Carollo moves 26, Plummer seconds, further discussion, call the roll.. The following; resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 80-694 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ISABEL RODRIGUEZ THE SUM OF $6,000.00 IN FULL AND COMPLETE SETTLEMENT OF ALIT PERSONAL, INJURY PROTECTION LIENS, WORKMENS COMPENSATION LIENS, SUBROGATION CLAIMS AND ALL OTHER CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON THE EXICUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being; seconded by Cocruniss•ioner. Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer",'Rev. Gibson and Mayor Ferre. NOES: None, ABSENT: Vice -Mayor Lacasa,•., .� �2 SEP 251�10U 0 23. CLAIM SETTLEMENT: BETTY VON SEGGERN Mayor Ferre: Take up 27. Mr. Carollo: Move. Mr. Plummer: Second. 0 Mayor Ferre: Moved by Carollo, seconded by Plunaner, further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 80-695 A RESOLUTION AUTHORI'r.'ING THE DIRECTOR OF FINANCE TO PAY Tr) B: 1 CY VON SEGGF.RN WITHOUT THE. ADMISSION OF LIABILITY THE SUM OF $9,000.00 IN FULL AND COMPLETE SETTLE ENT OF ALL BODILY .IN•Ji;R'1, PERSONAL INJURY P%OTECTIO`: LIENS, WORKMENS COMPENSATION LIENS., CLAIMS A0 AGAINST THE CITY OF MIAMI AND JOHN 1). Bi0oRET, A.'vT LION EXECUTION OF A RE- LEASE, RELEASING THE CITY FROM ALI, CLAIMS AND DE- MANDS. (Here full:�Nrs body of resolution, omitted here and on file in the Office of the City Clerk). Upon being oecoaded by Commissioner Plummer, the resolution was passed and adopted by the hollowing vote: AYES: Mr. Carollo, Mr. Plummner, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice-Mavor Lacasa. 24. CLAIM SETTLEMENT: GE;OL�GE D. SMITH AND DORIS W. SMITH Mayor Ferre: Take up 28. Rev. Gibson: Move. 0 :Mayor Ferre: Moved by Gibson, is there a second? Is there a second on 28? Mr. Plummer: Yes. Mayor Ferre: Plummer seconds, further discussion, call the roll. The following; resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-696 A RESOLUTION AUTHORIZf1Gf THE DIRECTOR OF I'INANCE; TO PAY TO. GEORCE D. SMITH AND DORIS W. SMITH, WITHOUT pIE ADMISSION OF LIABILITY, THE SLPi OF TEN' THO' 'D DOLLARS ($10,000.00) IN FULL A,\'D COIMP-LE 4 SETTLEMENT OF ALL BODILY INJI;I%Y, PERSONAL INJURY PROTECTION LIENS, AND WORIUtEN'S COMPENSATION LIENS, IL CLAIMS AND '63 S E P 251980 W, 9\ DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAI4I FROM ALL CLAIMS AND DEM.aNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa. 25. QUIT C'LAIN DEED TO DADE COUNTY: 57TH AVENUE BETWEEN S. 1. 8TH STREET AND N. W. 7TH STREET. Mayor. Ferre: Is there any controversy on 29? Mr. Plummer: Move it. Mayor Ferre: Moved by Plunner, seconded by Gibson, further discussion, call the roll. The followirig r,'so:lution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-697 A, GRANTING TO DADE COITI�TY A QUIT CLATM DEED CONVEYING PREVIOUSLY ACQUIRED PUBLTC RIGHT-OF-WAY FOR IMPROVEMENT PURPOSES ALONG 57711 AVENUE, RESEF.VING TO THE CITY OF MIAMI '11HE RIGHT TO USE SA�SF. 'FOR UiILiTY PURPOSES. (}sere follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon bcin seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr.. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa. Mayor Ferre: Any problem on 30? Mr. Plummer: Move it. Rev. Gibson: Second. Mayor Ferre: It's t cr, moves; and seconded, further discussion, call the roll. T11e following resolution was introduced by Commissioner Plummer, who moved its adoprio•i: RESOLUTION NO. 80-698 A RI.Sk*)LUTION AUTliORI7.ING THr, CITY MANAGER TO PAY THE AMOUR"I' OF $294,039.10 TO THE FIRM OF BROWN, ' SEP 251980 WOOD, IVEY, MI.TCHELL & PETTY FOR LEGAL SERVICES PROVIDED TO THE CITY IN CONJUNCTION WITH BOND ISSUE FOR THE CITY OF MIAMI/LTIIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER COVERING THE TIME PERIOD FROM MAY OF 1978 TO AUGUST 7, 1980, AND ENDING WITH THE STICCESSFUL SALE OF SAID BONDS 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 Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo., Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa. 27. AUTHORIVE ".1NAL PAYMENT: $.32,500 LAVENTHOL AND HORWATH C.P.A. FOA FINAIICIAL FEASIBILITY STUDIES CONVENTION CENTER Mayor Ferre: Takc: up 31. Mr. Plummer: Move: it. Mayo,: Ferre: Moved by :'lummer. Rev. Gibson! Socond, Mayor Ferre: Seconded by Gibsexn, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption. 'tESOLUTION NO. 80-699 A RESOLUTION AUTHORIZING THE PAYME OF $32,500 AS FINAL PAYMENT FOR SERVICES PRO- VIDED BY LAVE'NsRCL & HORWATH, CERTIFIED PUBLIC ACCOUNTANTS, FOR THE PREPARATION OF VINANCIAL FEASIBILITY STUDIES IN CONNECTION WITH THE CITY OF MIAMI/UNIVERSITY OF MIAMI JA3,M-S L. KNIGHT INTERNATIONAL CENTER: SAID FEE TO BE PAID FOR FROM BOND FUNDS AVAIL- ABLE FOR THIS PROJECT. (Here follows body'of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Lacasa. S E P 2 5' 1980 i~ 28, EXTEND CONSTRUCTION MANAGEMENT SERVICES AGREEMENT 14IAMI CENTER ASSOCIATES CONVENTION CENTER Mayor Ferre: Take up 32. Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, seconded by Gibson, further discussion, call rho roil. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-700 A RESOLUTION AUTHORIZING THE CITY MANAGER 10 EXTEND FOR TWO :dONTHS THE CONSTRUCTION K%NAGE`rF;NT SERVICES AGREIMENT BETIATEEN THE CITY Of' MIAMI AND MIAMI CENTER ASSOCIATES, :.*.W. ON I iE C11.11Y OF MM11/UNIVERSITY OF 1,1IAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT. ('Ie re follows body of: resolution, omitted here and on file in thy: Office of the City Clerk). Upon being 3cconriec by Commissioner Gibson, the resolution was passed and adopr-ed by the following vote: AYES: Mr., Carollu, Mz. P,.una:,cc, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -''Mayor 'Lacasa. 29. CONSENT AGENDA (C01`MISSIONER LACASA REENTERED MEETING AT 2:15 P.M.) Mayor Ferre: "Before the vote on adopting all items included in the Consent Agenda is taken (Items 34 -- 35), is there anyone present who is an objector or proporient that wishes to speak on any itein in the Consent Agenda? Hearing none, vote on adoption of the Consent Agenda will now be taken. The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Gibson and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner .1. I,. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice --Mayor Armando Lacasa Mayor Maurice A, Ferre NOES: None. 29.3. ACCEPT BID; FIRE FIGHTER, HELMETS - FIRE DEPARTMENT FIREFIGHTERS QUTPMENT CO. RESOLUTION No 80-701 A REISOLUTION ACCEPTING THE BID OF FIREFIGHTERS EQUIPMENT CO. FOR sEP .00 �9s� 0 6 FURNISHING FIRE FIGHTER HELMETS FOR THE DEPARTMENT Or FIRE ON A CONTRACT BASIS FOR SIX MONTHS; AT A TOTAL ESTIMATED COST OF $25,000,00; ALLOCATING FUNDS PROM THE 1979-80 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. 29.2 ACCEPT COMPLETED WORK: SABRE CORPORATION ORANGE BOWL UPPER LEVEL CONCESSION RESOLUTION NO. 80-702 A RESOLUTION ACCEPTING THE COMPLETED WORK OF THE SABRE CORPORATION AT A TOTAL COST OF $516,149.00 FOR ORANGE BOWL - UPPER LEVEL CONCESSION AREA; 94D AUTHORIZING A FINAL PAYMENT OF $51,614.90 30. PLAQUES, PROCLklATIONS AND S'PLCIAL ITEMS 1. PRF,S"ENTATION of a RFS01ITTION to the FLO'RIDA CONGRESSIONAL DELEG4TION in recognition of their outstanding contribution to the South Florida co,i ,;unity with regard to the refugee situation. - Representing the lion. Dante Fascell is Leon 'Levin - Represenciing the H6n. 'William Lelbman is Jeffrey Mell - Representing Senator Richard Stone is Maria.De La Milera - Representing the lion. Claude Pepper is Maria Alxola - Representing Senator Chiles is Aurora Ares 2. PRESVI"ATION of a PROCLAMTION to PACE and accepted by MR. STLNE PARSONS, on the occasion of the Sixth Anniversary of PACE, and in commemoration of its efforts in bringing cultural events to the Miami area. 3. PR.ES%NrATI9N of a CCT ffYDATION tp David Abrams, a member of the Community Development Department of the City of Miami, who showed great courage in defending a fellow employee. 4. PRESI'NTATION of a CD%f,LDATION to MULTI1MID CORPORATION and accepted by bR. ORIANW SCTO, PRESIDENT, in celebration of its tenth anniversary, and in recognition of its contributions to the growth of the City of Miami. S. PRESENTATION of a CC makrION to ANTONIO GONZALEZ MURIERA, in recognition of his outstanding artistic ability. 6. PRESEKfATION of a CERTIFICATE OF APPRECIATION to LUCRECIA RODRIGUEZ, in reco,onition of her many years of 'civic service to Miami. h .67 SEP 251980 31. EMERGENCY ORDINANCE: APPROVE APPROPRIATI01 S FY 1980--81 DEPARTMENT OF OFF-STREET PARKING Mayor Ferre: Alright, at this time we are on Item #3 which is an emergency ordinance approving appropriations for the fiscal year commencing October 1st. Mr. Plummer: Move Item 3. Excuse me, is there anybody here wishing to speak nr object, if not:, I. move Item 3. Mayor Ferre: Alright, is there a second on Item #3? Plummer moved it. Rev. Gibson: What was that? Mayor Ferre: Item 3. Mr. Plummer: Item 3, Off -Street Parking Authority budget. Rev. Gibson: Second. Mayor Ferre: Seconded by Gibson, further discussion? Alright, if you would, ;.he ordinance please. Alright, further discussion, call the roll on first reading. AN ORDINANCE ENTITLED - All EXERG3ENC:Y ORDINANCE APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1980 AND ENDING SEPTEMBER 30, 1981 BY riff, DEPARTMENT OF OFF-STREET PARKING; CONTAINING A SEVERABILITY CLAUSI; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; DECIARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND BY FOUR-11' THS VOTE OF THE MEMBERS OF THE CITY COMMISSION DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Laeasa Mayor Maurice A. Ferre NOES: None. �,ffiereupon the Commission on motion or Commissioner Plummer and seconded by Commissioner Gibson, adopted said Ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor.Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9166 r The City Attorney read the ord•iriance'into the public record and announced that copies were available to 'the membIrs of the City Commission and to the pu�l•(c. , SEP ��, 515EQ 0 FUWfHER DISCUSSION: Mayor Ferret Alright, now that we have approved it Dick let me ask you... I just want to ask you some questions on this. I didn't want to do it before because I was in favor it and ready to vote. But T want to ask you... I see that debt service coverage in the actual budget was estimated to be at two hiindred eight. It actually was a hundred forty-seven, but now you are projecting it to be at two twenty-five. What's going on? Mr. Richarsi LaBaw: That was a result or the sale of the Biscayne Boulevard garage sir. Mayor Ferro: That's what I thought it was. In other words, it brought it down when we sold the... it brough it to one forty-seven and then when we sold the bonds... Mr. LaBaw: tiMen we so'Ld it we eliminated that deficit..'. we eliminated that deficit and enabled us to increase our debt service coverage. Mayor Ferre: And so it moved up to two twenty-five? Mr, LaBaw: Yes, sir. Mayor Ferre: How is that coming along, by the way'? The new... Mr. LaBaw: The new garage? Mayor Ferre: Yes, sir. Mr. LaBaw: very nicely, sir. MV. Plurmner: Are you tali:ing about across from Cesu Mayor Ferre: Yes, sir. , Mr. Pluimner: Everything is almost down, the footings are all in. It's coming along very quickly Mr. Mayor. Mr. LaBaw: They have a lot of the "Tis" already fabricated and they will be brinpine those dot,n... Mayor Ferre: Dick as we look back over the past six months. Did we do the right thing in voting for those interested or dial we make a mistake. Mr. LaBaw: No, sir we did the right thing. We saved on our construction cost and there would be very little difference that we can save in the... Mayor Ferre: We couldn't have sold in the last six months for anything less than what we dial could we? Mr. Plummer: Well, you will never know, truthfully. Mayor Ferre: Oh, yes you will know. Mr. Plummer: No, come on now. Mayor Ferre: They publish those bond that... they publish those things in the Wall Street Journal every single day and I will tell you... Mr. Plummer: Yes, but Mr. Mayors you know, it's like how far is up and how far is down. You know, I was on the negative side and may be I'm defending my point, but you will never know truthfully. Mr. LaUaw: You are right Commissioner, you will never know. Mr. Whimmer.: Ok, that'-,'- the answer 'The indications are... Mayor Ferre: Well, you may be right', but let me put it to you this way. In the ten thousand bond issues that have been sold that are similar in nature in the past six months, not one of them has been at any less interest rate. 4.9 SEP 251980 f C Mr. Plummer.: Well, Mr.. Mayor, you know... Mayor Ferre: May be we would have been the ten thousandth one. Mr. Plummer: Money market bonds when down to eight and a half. Today they are back up to 11074. Who knows what tomorrow will bring. 32. EMERGENCY ORDINANCE: APPROVE APPROPRIATIONS re 1980-81 DF.PAR'114ENT OF OFF-STREET PARKING Mayor Ferre: Ok, we are now on Item #4 on Gusman Hall and the Olympia Building, Is there any... Anybody want to move that one? Rev. Gibson: Move. Mayor Ferre: Item #4 whim is the proposed Gusman Fall and Olympia Building public budget. Mr. Lacasa: Second. Mayor Ferre: Moved by FathLx, seconded by Lacasa, further discussion, read the ordinance on an emergency basis. Call the roll. AN ORDINANCE ENTITLED - AN Eiff-,RG1`NC7 ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE DiEPARTMF.Zi'i' OF OFF --STREET PARKING FOR THE OPERATION ANI) MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE C'T:t t OF 11IA11111 OR T'H;L FISCAL YEAR COIMNCING OCTOBER 1990 AND ENDING SEPTEMBER 30, 1981; AND ALSO APPROVING 111E ENU�II:RATED SOURCES OF REVENUE FROM SAID OPERATION; CONTAINING A REPEALER PROVISION AND A SEVERA31LITY CLAUSE AND REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES 114 CONFLICT HEREWITH; DECLARING Ili.IS ORDINANCE TO BE AN EMERGENCY MEASURE BY FOUR -FIFTHS 'DOTE OF YH E 112MBFIRS 01 THE CITY COMMISSION DISPENSING WITH THE R EQU1RFI-IBNT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days which was agreed to by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: Nona:. ABSENT; Conanissioner Carollo. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said Ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: Nona, ABSENT: Commissioner Carollo, SAID 010)1NANCE WAS DESIGNATED E:MtWFNCY ORDINANCE; NO. 9167 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. ,'�(� 8 r 2 51980 Mayor Ferre: Alright, we are now on Item 4A. 'i'here is a personal appearance involved in this. Is Mr. Irby Martin Mcknight, Director of the Cultural Advisory Council of Overtown present. Is Mr.. Irby Martin Mcknight present? He has written a letter to Mr. Fosmoen September 12th requesting that thq Cultural Advisory Council of Overtown a non-profit community based organization. They are asking for the need to continue funding of the culturalarts program through June 30, 1981 for three hundred thirty-eight thousand two hundred eighty-seven dollars twenty cents. Which includes a staff of thirty people for twelve months. And we have received a hundred twenty letters in support of Mr. Mcknight's request. Once again is Irby Martin Mcknight present? Is he here'! Mr. Plummer: There was somebody Mr. Mayor I saw raise their hand who wanted to speak possible. Mayor Ferre: Alright, well, wher. he shows up then we will take it up. In the meantime we are on Item #5 a personal appearance by John H. Thomas on behalf of the Miami Marinas Association to urge the expeditious construction of the new Dinner Key Dock Office. is Mr. John H. Thomas here? Mr. Plummer: He was here this morning. Mayor Ferre: Mr. Thomas? Is Mr. Thomas present? Alright, we will move to 5A a personal appearance by Moses Florence. Is Mr. Moses Florence here? Anybody here from the New Washington keights n evelopment? Alright, then the next speaker is T. Willard Fair, President of the Urban ?.eague of Greater Miami. is Mr. T. Willard Fair here? ' SEP 25190V #1 33. SECOND READING ORDIT.IANCE: W AMEND CITY EMPLOYEES RETIR.EI,'ENT "SYSIMM" Mayor Ferre: We',_e now on item number seven which is amending the Miami City r.[nployees Retirement System. At. the previous Commission meeting it was moved by Lacasa, seconded by Gibson. Does Mr. Lacasa wish to make the motion over again. Mr. Lacasa: Move. Mayor Ferr.•e: It's been moved by Lacasa. Does Gibson wish to... Father G.i.bson: Yeah. Mayor Ferro: ...second it? The answer is yes. Then read the ordinance, number seven. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Fern:: All right, the Chair recognizes Don Teems for his brief statement. Mr. Don Teems: 'Plunk you, sir. Don Teems, President of the Miami Association of. F3.refighters. I don't think there's too much reason to over the legal. ramifications and our position on the: legal ramifications Of the charl-le of this ordinance as it relates to the contract, and as it relates to State law and trust law. We did it last week, we had an clPillion, the City Attorney had an opinion and they were different. I'll say again that the employees of the City of Miami reached an agreement with I:he City of Miami on a contract. In that contract was our ordinance that deals with pension. We negotiated that ordinance in good faith. The City agreed in good faith. in that contract it says that the City nor the union can change that ordinance without sitting down and negotiating the change, both sides agreeing. You're not doing that. You're violating the contract as far as we're concerned. I'll say .again, the last time: that the pension funds were in the hands of the City Administration, we averaged one point two percent return on our investinents for over ten years. Since the Board has been made up by half e:ml>lovees and half city administrators the system side came into that Man with forty-two million dollars, approximately. Now they're sitting over ninety minion dollars. It's working, for a change. Mr. Lacasa's biggest problem last week was the forty-two cents on the dollar that's goirig into tho pension plan. He's absolutely right. It-'s a serious problem. Mow that came about was the underfunding of the pensiorl "to start with prior to the setting up of this new board. With the setting up of the new board we've been trying to deal with that. The Friend Actuarial Report that the City had talks about an escalator type of a payback of the unfunded liability. And I submit to you now, Mr. Lacasa, if you think forty. -two cents is bad, you look ten years down the road in to his plan and see what it is. You're looking at eighty and ninety percent. Because it's an escalator. You pay less now and you pay more later. That's all it is. -You sit there and tell me to trust me. Hey, we trusted you last time, not you, not this specific hoard, but we trusted you last time. It didn't work, we were losing. Wert not about to trust you again. We're; going to be in court, we're going to be in court in any way we can. And you know what? We're both going to lose because the cour.t's going to decide how we're going to run that pension just li!We. they did with the one -seventy-five money many years ago. The court is going to decide. It's going to out of your hArlds anri out of my hands.,, and we're taking our destiny, both you and me, and we're putting it in the hands of the judge. That's wrong. i. .72 SEP 1980 0 0 Mr. Teems (continued): I don't believe that's where it should be but That's where it's going. T submit to you again, if you think forty-two cents is bad, you've got another thought coming. And I'll tell you this, you tell me that you're not goin.7 to reduce benefits. Absolutely not. well I tell you that if you don't put the money in the top,somewhere down the read you don't-. have the money coming out of the bottom to pay the benefits. That's s;.mp1e. Getting rid of all the actuarial assumptions, getting rid of all thQ economic talk. That's the bottom line. You know it and I know it. So you can stand there and tell me that ben£its are not going to be reduced and I'm standing here telling you that if you pass the ordinance the way you've got it set up now and don't find the pension, that five and ten years down the road you're going to be saying we've got to reduce benefits and you're going to be right. Mavor Ferrer All right, Mr. Teems, thank you. For the record, let me state into the record that the City Attorney and Mr. Sparber who has been retained as special counsel both have told us, at the previous mk_:uiring that this is any wzy a violation, legally, that we have no legal censtraint.s to move forward on this, that this type of pension reform is long overdue, and that tlic City of Miami has a responsibility, and indeed, it has an obligation to tare this matter back into the proper hands of the City of Mi,11i Commission where the responsibility has always laid, if we didn't have the authority. We have to avoid the type of a"ajos that 1 think most of us have seen in the past few years. And the fact that th:! rates of ten years ago u!:c not comparable to the rates today is true of any pension at any time. So without getting into a long heu4ed ioba.'e on things, on a matter that has been long discussed, ?'m Justputtinq than into the record once again as an answer to 11-(1J Statement th,.lt was made by 2dr. Tecins. Mr. Carollo: Can I make a statement, Mr. Mayor? Mayor Ferre: yos, sir.. Of* course. Mr. Carollo: I'd just. like to say that even though I wasn't a member o`. this Commission when this Commission gave its word to the employees of the City on the type of pension plan that we were going to have and many other areas that were agreed upon, I feel that I have a responsibility to vote with justice, and at least uphold, be one vote in upholding an agroewent that was made by this Commission. You talked about abuses, Mr. M,gyar,'well a recent example in abuses, the best example I could give that could come to mind right now is the example of Mr. Gunderson. That's what's killing our pension plan. Here is a man that lied to get his job, worked only three years and is making almost as much, and in some instances more than your average employee that retired that worked twenty, twonty-five, thirty years for the City of Miami. He lied to get: his job, her perjured himself later on to koup the job, and the administration of this city, and some members of this Commission didn't do a darn thing to stop that. So T. find it very hypocritical to hear people now talking about abuses when things like this happened .just recently, and few people dial anything about it. And what's }tilling our pension is that a handful of people have been able to retire, are going to be able t.a retire making thousands of dollars, while the majority of the employees that have been the ones that have been the backbone of the City of Miami are going to retire making a miserable =m of ret.ir.oment that in many cases; is not going to hc: onough for therm to survive on. That iS if they have a retirement 1t.:ft whoa their time comns to retire, And the other thing that has hurt the pr.nsion plan has been .in years past when agacin the City Co mnisyion was at the head of the wagon, heading tho pension, the poor roturn that we ware getting for our money. These are just some of the main things that are wrong with the pension plan, but it's not the employees that have been the backbone of this city and havo sacrificed y-rr-r after year to make Miami great. M.Ayor Ferre: Father. Gibson.;' ; 73 i a t SE1 y 120 U U Father Gibson: Mr. Mayor, I want to ask a question because I heard something that bothers me. Sir, would you go back to the mike? You said that in the negotiating process this ordinance, or the inference was there, that this ordinance was negotiated. Mr. Teems: Yes, sir. Absolutely. The negotiations took place at the table. The ordinance is a result of that negotiation. Father Gibson: Which ordinance? Mr. Teems: The present pension ordinance today. That was done in 1974, Father. And it was carried over in our prevailing benefits every year since. And it was because we had to address the problems of the pension fund. Mayor Ferre: Mr... Mr. Plummer: Excuse me. 'Let me clear up a little bit of the record now. Don, you know where I am but when I see things a little bit differently, I want to interject what I thought Father, yes it was at the negotiating table that this ordinance came about. But it wasn't just because.of the union. One of the main factor that made this city make its change was that in the old form, that was a particular bank in this community, they were only showing a four percent return on our money i.nveSted with, through them when everybody else was showing an eleven percent return. ;o I think the two factors are the reasons that prompted the ordinance to come into being. One, not only the concern, but the unions concern. They were vent concerned. They are the recipients. That this was nbt doing what it was supposed —let me give you an example. Back then when this unnamed bank had this account, Father, they never even had a full time employee of that bank dedicated to thi.s account. And at that time, this account was around seventy million dollars. Not even a full time employee. That was part of the thin}:ing that prompted this ordinance into being, and then the union negotiated it out at the bargaining table. That's easy to check, it's part of the record. Mayor Ferro: And what we ended up doing is throwing out the baby along with the dirty water. And I think the, the crux of the matter is very simple. The empioyees say they want to control their own money, but it is not their own money. it is the peoples money, the people of Miami are paying for this, or for a great part of it. And therefore, I think the elected body who represents the people of Miami, not the employee groups who represent themselves, and well they should, have to have the ultimate responsibility. And what we're doing now is correcting what we should have corrected five or six years ago instead of making the extreme mistake of going from one end to the other. Mr. Teems: Can I respond to that, Mr. Mayor? Mayor Ferre: You sure can. Mr. Teems: The problem with the argument, Mr. Mayor, is first off, right now the board has four members elected by the administration, or appointed by the administration and one City Commissioner. You have control. You have control of those boards right now. The fact is that sixteen point eight percent of the money going in, of payroll goes to the current funding of the pension, The rest of that forty-two cents is to pay back past unfunded liability. Under the.auspices of the then City Manager, who is not here anymore, and the Finance Director of the City, appointed by this commission, put it with a bank and had those kind of atrocious returns on their investments. That's where the unfunded liability came from., Mr. Plummer: Mr. Mayor, I would just like to be very brief and add the same conuzient that I added before,,in'a reduced version because I don't 4st time, I'm not going to this time. think T was able to sway anyone In my estimation, this ordinance as proposed, is not goitig to accomplish .74 ist SEP 6 5 )930 0 0 Mr. Plummer (continued), what needs to be or what is thought to ae going to be accomplished in this. Mr.. Mayor, I would only ask Mr. Fosmoen, the City Manager or someone in the administration to show me a copy of the letter you instructed them to send out at the last Commission meeting. I'd like to see a copy of it. You can go ahead and vote. They ,;ay they have it. I take their word until proven otherwise. Mayor Ferre: All right, further discussion? Call the roll on item number seven, please. AN ORDINANCE E;NTITLE;D- AN ORDINANCL AMP.NDIIJG THE MIAMI CITY EMPLOYEE'S RETIkEhtiNT SYSTEM ORDINANCE NO. 2230 (JANUARY 1, 1940) AS AMENDED AND AS APPEARING IN CODIFIED FORM AS PART OF CHAPTER 90 ENTITLED "Personnel" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1PPECTIVE SL•EP'. EM13ER 1, 1.980, MORE PARTICULARLY A1,1ENDING 'FETE; FOLLOWING PROVISIONS OF SAID CODE: SECTIOIJ 40--206 ENTITLED "Administration" BY REPEAL OF UNT171ED SUBSECTIONS (a) THROUGH (q) THEREOF AND SUBSTITUTING THEREFOR TWO NEW SUBSECTIONS ENTITLED "(a) Retirement Board" AND " (b) P`n_;.ion Bene.f i'_s Board:; S1 CTIOi; 40-207 ENTITLED "beneiita" BY AMENDMENT THERETO; SECTION 40-.!11 ;:ENTITLED "Trustee of Funds" I3Y REPEALING S�:C11110M (A) THB-idx)F ENTITLED "Generally; agreement" AND SUi3;;T1 TU=1G THEREFOR A NEW SUBSECTION (A) , BY A1QLND> ,NG SUBSPCTION (C) THEREOF ENTITLED "Appoint:ment of S .cce:, ,cJr Trust ue" AND SUBSTITUTING THEREFOR A HEW SUBSECTION (C) , BY ADDING A NEW UNTITLED ;3Uk3PAE:AGkAPH (9) 'PU SUBSECTION (F) THEREOF ENTITLED anti Responsibilities of Trustee!', BY AMENDING SUBSECTION (G) TNEREOF ENTITLED "Investment Authority"; SECTION 40-217 THEREOF ENTITLED "Designation of. Corporate Trustee and Acceptance Thereof"; BY REPEAL THEREOF IN ITS ENTIRIr'1'Y; SECTION 40-216 THEREOF ENT'ITLI.D "Agreement with Corporate 'Truster-." 13Y REPEAL THEREOF IN ITS ENTIRETY; GENERALLY PROVIDING BY SAID AMENDMENTS TO SAID CHAPTER FOR THE; ADMINISTRATION OF SAID SYSTEM TO BE VESTED IN THE CITY COMidISSION AND FOR THE CITY CODLMISSIONERS 'M BE THE SUCCESSOR TRUSTEE OF THE SYSTEM TRUST FUNDS; FURTHER PROVIDING BY SAID AMENDMENTS FOR THE DISCHARGE AND ACQUITTANCE OF PRESENT INDIVIDUAL TRUSTEES AND SYSTEM BOARD MEMBERS WHO WILL HENCEFORTH HAVE NO FURTHER RESPONSIBILITY, AUTHORITY OR POWER TO ACT Ill ANY MANNTER, INDIVIDUALLY, OR ON BEHALF OF SAID SYSTEM OR SYSTEM MEMBERS, AND FOR THE ELIMINATION OF LIMITATIONS UPON IWESTMENT OF' TRUST FUNDS AND RETENTION OF THE EXISTING AUTHORIZATION OF ACQUISITION AND ATTAINMENT OF PROPERTIES AND INVESTMENTS WHICH mhN OF PRUDENCE, DISCRETION AND INTELLIGENCE ACQUIRE AND ATTAIN FOR THEIR OWN ACCOUNT; CONTAINING A REPEALER PROVISION AND A SEVIRABILITY CLAUSE Passed on .its first xeading by title at the meeting of September 15, 1.980, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Gison, the ordinance was thw.reupon given its second and final reading by title and paL�sed and adopted,by the following vote: ME (CONTINUED ON NEXT PAGE) ist .75 SEP 25 IG 80 A AYES: Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer., Jr. Commissioner Joe Carollo ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9168 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. 34. SECOND READING ORDINANCE: AMEND CI_Y .EMPLOYEES RETIRVENT "PLAN" bSavor. F'erre: fake up item number eight. Does Commissioner Lacasa want to move then, mot.i.on ecgain? Mr. Lacasa: Mcvt... Father Gil,.;on: Second. Mayor Fevre: Gibson ,;econds. Further discussion? Read the ordinance on second re:adina. (AT THIS POINT, THE CITY ATTORNEY READ THE OR.DINANCiE INTO THE PUBLIC RLCGRD). All. right, Mr. Sherman, the chair recognizes you. Mr. A. G. Shc:l:man: mr. Mayor and members of the Commission, my name is A. G. Sherman, President of USCME Local 1907. I'm here representing the employee!of the Plan System, also those who are in the Water and Sewers and Libraries of tale City of Miami. I can only reiterate what Mr. Teems bets said. I think our attorney presented to the Commission exactly our feelings and position last week. And I can only say that we reel that ycu have violated rights and benefits of the employees. I can only say that unfortunately we'll have to fight this in court. I think it's going to be a long battle, and as Don said, I think that. the City and the employees will both the the losers. Mayor F'e�-re: Further discussion? Father Gibson: Mr. Mayor, I want to make this comment for the record. I hope both groups hear this. I have been on this Commission long enough to have witnessed something like this, where what we were doing as a whole didn't please you all, didn't please the public. We decided to, all right, go to court. I just want to both groups on guard. You Say you're going to take us to court. I welcome you taking us to court. I will abide by the ruling of the court, willingly, happily, and gladly. I warn you, that.if you don't get what you want in court, that you come back herd and you abide by the ruling of the court, willingly gladly, and happily. Do you zemember Murray Sams representing soutubody in real eztate up here, and the people in the Grove raised hell. And they said, well they wanted to go to court. I'll never forget chat. And unfortunately, what they did not do, they had not employed Mr. Murray Sara, and then whei; they found out Murray Sams was representing the oppos.i.lion, I was the gn , the pivotal vote that sent them to court. Once they got to,,,cour. and the court decided apajnst what they wanted, the came back crying bn our shoulders asking, you know, that we change our minds and all of that. I just want to warn you that if the court, 10 ` ist SEP 2 51980 Father Gibson (continuQd): since you say you're going to court. I hope you wouldn't. But if you go to court, r want you to know I welcome you're going, and I warn you that I will remind you as long as I'm up here that you must be a good loser as well as s happy winner. Mayor Ferre: Further discussion? Call the roll. Mr. Plummer: Mr. mayor, before you call the roll, I think, it was my understanding, and I'm not going to stand on technicalities, my understanding that the administration was instructed to send this letter out. But I just want to read the one paragraph and hopefully, I realize what the vote is going to be, that the same thing that happend the 16th day of September, the day after this passed on its first - reading doesn't happen again. Mr. Mayor, I'd just like to read this first paragraph into the record. It's addressed to all municipal employees reference restructuring organization. "On September the 15th, 1980, the City Commission adopted two ordinances restructuring of the pension organization. On September the 15th, 1980, the City Commission adopted two ordinances restructuring the Retirement System and Plan. Somu employees may have the impression that the adoption of these ordinances resulted in chanties to the current pension benefits. This impression is incorrect. The two ordinances do not change current aenef.its." Now, I went also all of the employees here to know that Each member of this Commission individually went on record in this microphone, that it is their und,,�r.stand.in3 that these two ordinances as proposed Flo not change benefit..; in any way. If I'm not telling the truth, someone- please in-iicatc to the contrary. Father. Gibscn: 1':.1 substantiate, Mr. Plummer. Mr. Plummer: I'm dust -taying if they don't. I just wanted it on the record. Father Gibson: Because I was one of the guys who raised the question. Mayor Ferre: Further discussion? Call the roll now please on item number eight. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE N0. 5624, DATED MAZY 2, 1956, AS AMENDED) AND AS APPEARING IN CODIFIED FORM AS PART OF CHAPTER 40 ENTITLED "Personnel" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE SEPTEMBER 1, 1980, MORE PARTICULARLY tJU LADING THE FOLLOWING PROVISIONS OF SAID CHAPTER OF SAID CODE: SECTION 40-234 ENTITLED "Administration" BY REPEAL OF UNTITLED SUBSECTIONS (a) THROUGH (q) THEREOF AND SUBSTITUTING THEREFOR TWO NEW SUBSECTIONS ENTITLED (a) Retirement Board" AND "(b) Pension Benrits Board; SECTION 40-235 ENTITLED "Benefits" BY AMENDMENT THERETO; SECTION 40-237 ENTITLED "Trustee of Funds"; BY REPEALING SUBSECTION (A) THEREOF ENTITLED "Generally; Agro ement Ai%ZD SUBSTITUTING THERLFOR A NEW SUBSECTION (A), BY AMENDING SUBSECTION (C) `!'HEREOF ENTITLED "Appointment of Successor Trustee' AND SUBSTITUTING THEREFOR A NEW SUBSECTION (C), BY ADDING A NXW UNTITLED SUBPAPAGRAP}i (8) '1G SUAECTION (F) THEREOF ENTITLED "Duties and Responsibilities of Trustee", BY AMENDING SUBSECTION (G) THERE -OF ENTITLED "Investment Authority"; SECTION 40-243 ENTITLED "Designation of Corporate Trustee' and Acceptance Thereof" BY REPEAL THEREOF ipi(ITS ENTIRETY; GENERALLY PROVIDING BY SAID AM1F;NOKENTS� TO SAID CHAPTEI, VOR THE i4DbllyiS'iiwi'Iiviv OF SAID PLAN Tay BEl VESTED IN THE CITY COMMISSION AND I. (CONTINUED ON NEXT PAGE) (: � 9980 it SEP FOR THE CITY COMMISSIONERS TO BE THE SUCCESSOR TRUSTEE OF THE PLAN TRUST FUNDS; FURTHER PROVIDING BY SAID AMENDMENTS FOR THE DISCHARGE AND ACQUITTANCE OF PRESENT INDIVIDUAL TRUSTEES AND PLAN BOARD MEMBERS WHO WILL HENCEFORTH HAVE NO FURTHER RESPONSIBILITY, AUTHORITY OR POWER TO ACT IN ANY MANNER, INDIVIDUALLY, OR ON BEHALF OF SAID PLAN OR PLAN MEMBERS; AND FOR THE ELIMINATION OF LIMITATIONS UPON INVESTMENT OF TRUST FUNDS AND RETENTION OF THE EXISTING ;AUTHORIZATION OF ACQUISITION AND ATTAINMENT OF PROPERTIES AND INVESTMENTS WHICH MEN OF PRUDENCE, DISCRETION AND INTELLIGENCE ACQUIRE AND ATTAIN FOR THEIR OWN ACCOUNT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 15, 1980, was taken up for its second and final reading•by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo ABSENT: None SAID ORDINANCE 4„15 DESIGNATED ORDINANCE NO. 9169 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. ist IM SEP 2 � 1380 AT THIS POINT, THE CITY COM1MISSION AGREED TO DEFER AGENDA ITEM NUMBER 9, THE BURGLAR ALARM ORDINANCE 35. EMERGENCY ORDINANCE: PROVIDE FUNDS FOR INCREASED COSTS !VACHINERY AND EQUIPiII.;i. T REPLACEMENT Mayor Ferre: Take up item number ten, a;nending Sections two and five or. Ordinance 9000, Annual Appropriations Ordinance for the fiscal year ^n..,by appropriating into the internal service funds, Building =r 'chicle Maintenance Department, Heavy Equipment, and so on for thirty-cwo thousand, five twenty-four. Any problems with that? Is there a motion? Father Gibson: :Move. Mr. Lacasa: Move. Mayor Fer.re: It , bc,(_-n moved by Gibson, second by Lacasa. Further discussion? Read the .ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE T.NTO THE, PUBLIC RECORD) . Further discussion? Call the roll. AN 011DI1,';tw10E ENTI'1'i:ED- AN EM RGENCY ORDINANCE. AME-NL'ING SECTIONS 2 AND 5 OF ORDINANCE NO. 9000, ADOPTED OCTOBER 17, 1979, THE A_DRJAL APPROPRIATIONS ORDINANCE FOR THE. FISCAL YEAR. ENDING SEF"IEXBE;R 30, 1980, AS AMENDED) BY APPROPRIATING INTO THE INTERNAL SERVICE FUNDS, BUILDING AND VEHICLE MAINTENANCE; DEPARTMENT, HEAVY EQUIPMiENT MAINTENANCE DIVISION, FROM THE HEAVY EQUIPMENT MAINTENANCE DIVISION, RETAINED EARNINGS, AN AMOUNT OF $32,524 TO ENABLE AN INTERFUND TRANSFER OF SAID AMOUNT TO TILE PRINT SHOP DIVISION) FOR WE PURPOSE OF PROVIDING FU14DS FOR ADDITIONAL MACHINERY AND EQUIPM' NT AND FOR INCIUKASED COSTS IN PAPER STOCK AND PRINTING SUPPLIES) CONTAINING A REPEALER PROVISIO14 AND A SEVERABILITY CLAUSE Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa 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 (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Fer.r.e None 1 Whereupon t:ho Commission on mc•�tion of Commissioner Gibson and seconded by Conunissioner Lacasa, adopted said Ordinance by the following vote: (CONTINUED ON NEXT PAGE) •79 5EP 251980 0 ist r W, C . 1 AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9170 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 Ferre: is there any problem with item eleven? Mr. Lacasa: Move. Mayor Ferre: Anybody have any discussion on item eleven? Its been moved by Lacasa. Father Gibson: Second. Mayor Ferre: Second by Gibson. Further discussion? Read the ordinance. (AT THIS POINT, TIME CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.) Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE APPROPRIATING $7,908,786 INTO A SPECIAL RL'VENUE FUND ENTITLED: "FEDERAL REVENUE SHARING" FOR FISCAL YEAR 1980; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson for adoption as an emergency measure and dispensing with the requirement of reading same -on two separate days, which was agreed to by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None Whereupon t-he Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said ordinance by the following vote: t APES: Commissioner•{R v.) Theodore R. Gibson. Commissioner Plummer, Jr. Vice -Mayo Armando Lacasa Coiiwiissioner Joe Carollo Mayor Maurice A. Ferre (CONTINUED ON NEXT PAGE) Qn ,VV S E P 2519080 ist SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9171 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 37. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR ENTERPRISE FUND: ORANGE HOWL & MARIIIE STADIW1S Mayor Ferret All right is there any problem on item number twelve, an the Enterprise Funds, Orange Bowl and Marine Stadium, forty thousand and eight thousand .respectively. Anybody have any problems with that? Mr. hacasa: I'd like to know why there is a deficit on the Orange Bowl. Mayor. Ferre: Mr. Jennings. Mr.. Robert Jennings: There were some additional maintenance costs this year which re:5ultad from all of the construction work that was done over there. There was some clean-up worl; that was unanticipated in the budget Eor the y(iar, that occurred as a result of the construction. Mr. Lacasa: Could then this money bo charged to the refugee account with the Fedeval (jovenimcjnt, that has to be reimbursed to the City? Mr. Jennings: 'There is a reimbursement coming to the Orange Bowl of one hundred and sevoney-F;ix thousand dollars from the Refugee Program, and I presume that; is going to be paid us. Mayor Ferret All right, further questions? Father Gibson: Move. Mr. Lacasa: Second. Mayor Ferret Its been moved and seconded. Has the ordinance been read? Read the ordinance on twelve, please. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). All right, anybody have any further problems on this? Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AV.,NDING SECTION 1 OF ORDINANCE NO. 9000, ADOPTED OCTOBER 1, 1979, 'CHE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTi."ER 30, 1980, AS AMENDED; I3Y INCREASING THE APPROPRIATIONS FOR THE ENTERPRISE FUNDS, ORANGE BOWL AND MARINE STADIUM, BY $40,000 AND $8,000 RESPECTIVELY) BY INCREASING ANTICIPATED REVENUES FOR THE FACILITIES IN THE SAME; AMOUNTS) TO PROVIDE FOR PROJECTED DEFICITS IN THEIR PROPERTY MAINTENANCE ACCOUNT) CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE (CONTINUED ON NEXT PAGE) .�1 i,t SEP 251980 Was introduced by Commissioner Gibson and seconded by Commissioner L_.:asa 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 (Rev.) Theodore R. Gibson Commissioner J. L. Plummer., Jr. Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None Whereupon the City Commission on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9172 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. 0 38. DISCUSSION AND TEMPORARY DEFERRAL: MIAMI IMAGE 80 (See Later Same Meeting) Mayor Ferre: Any problems on thirteen? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer: Father Gibson: Second. Mr. Lacasa: I'd like to second that. Mayor Ferre: Second by Lacasa. Further discussion... Mr. Plummer: Lacasa moves. Mayor Ferre: Lacasa moves, Gibson seconds. Further discussion? Mr.. Plummer: Mr. Mayor,, I would only like to enter into the record, because there was some discussion that reached my office that I want to clarify in case anybody still has a misconception. It was reported into my office that this was possibly a slush fund for that department. I want to tell you, Mr. Mayor, I'm very proud that this is the very thing that you yourself many years ago started in this city, and that Lhe wedding of the public and the private sector. And the City is doing to put up "X" 6umper,of dollars, the private sector is going to match it for the bene'ftt of this City. Tt is not w;;; ,, ., fund. It is a positive.thing and I'm happy to see the wedding of the public and private sector. .82 SEP � 51980 ist 6 9 Mayor Ferre: Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). All right, under discussion, I want to congratulate Aida Levitan for ■ her .initiative in this. I do want to say into the record, Mrs. Levitan, that I think it is essential that: the people that come up to Miami on this Hispanic Heritage Week from the press in Latin America be carefully balanced. As.you know, in most of these capitals there are rivalries between newspapers. I would not want, by bringing in the people from E1 Universial in Caracas, to offend the people of El Mundo and create one friend and one enemy. They're both respected newspapers, I'm just using those as examples. In Colombia we have E1 Teimpo and the other one El Spectador, they're both highly respected newspapers. I want to make sure that in any country, that you balance it in such a way that we don't end up creating animosity as well as friendship. Mr. Lacasa: Mr. Mayor, I would like, on the same subject to add to this, that since most of the members of the City Commission are familiar with certain of the countries that we arc= considering, becasse we either represent the City of Miami in the Miami, and whatever the sister city relationship, or for any other particular mason, the t the staff submit- a proposed list of the invitees to the members of. the City' Commission so we, those of us who are familiarized with specific tuati.ons, as you mentioned in the situation of Caracas, for instance, can contribute and 9-4ve you our input so as to avoid that particular problem. May.ro FErre: You already have that in you packet. Mr. Fosmoen; 0,1n}: .it wa.. late liist week we distributed to you the whole itinerary anti asked you to get back with Mrs. Levitan so that you could identify those, activities you want to participate in. Mayor Ferre: All right, now Aida, my only point again, is I've seen... yes, you have. it.. It was .received by your office. There is a copy of the memorandum that's in your office. Aida, I want to make this statement so that we're clear. All. these countries are friends, with maybe one or two exeptions that we're not going to get into a political discussion on that. I mean, obviously you're not inviting the newspapers from Nicaragua. All right, but other... Mr. Carollo: Hopefully not. Mayor Forre: And we understand all of r.hat. But I hope that you would in your invitations guage it in proportion to the amount of trade and business thatwe do in those particular countries. For example, obviously Venezuela and Colombia are ten times more important than lets say Uruguay. Even though Urugay is a wonderful country but they do not trade that much with the United States and with Miami. They are not that much of an economic factor. Argentina is. And I would hope there are countries, for example, that are very large but that do not do that much business through Miami. Like, for example, Mexico. I would hope that we would unphasize countries that are more direct neighbors, and especially those countries that either are doing a lot of business or have the potential of doing a lot of business with Miami. Mr. Carollo: Can you react the list that you have as of now of'the newspapers you are going to invite? 4 Mayor Ferre: Let me read it into the record. Mr.. Fosmoen: Mr. btayot, partly in reaction to your comment, the twelve thousand dollars in private sector participation is from the airlines, and in some .cases we don't have a choice of what the airlines are giving .in the way of tickets. Now we can supplement that but it may not always; he possible" si.r.. Mayor Ferre: Yeah, I under.s.tank, and and I will pass it on to Commissioner Carollo because it's too long really '8 SEI 2519 is Qy Mayor Ferre (continued): to read into the record but lets put it into the public record. If you have any doubts or hesitation, we'll open it up again for discussion. In the meantime... all right, would you call the roll, please. Mr. Carollo: Mr. Mayor, can we wait on voting on it... Mr. Lacasa: We have to insist on that. There are a lot of Ecuadorians coming to town. Mr. Carollo: ...until I've had the opportunity to go over this and bring it up later. Mayor Ferre: Okay. We have a motion and a second on the floor. Would somebody withdraw the motion? Mr. Plummer: Excuse me? Mayor Ferre: Well Carollo wants to go over the list. My recommendation was to vote on it, and if he has any problems, to bring it up for discussion again. He does not accept that recommendation, and I'm perfectly willing to withdraw it. Mr. Plummer: Well just hold it until the end of the meeting and somewhere between now and then... Mr. Carollo: That's all I'm saying. Mayor Ferre: The only way that can be done is if the maker of the motion withdraws the motion. Mr. Plummert No, or I make a motion to table... Mayor Ferre: There's a motion to table. Mr. Plummer: ...until the end of the meeting. Mr. Lacasa: Second. Mayor Ferre: All right, that goes without discussion and doesn't need a second. Call the roll on the tabling. WHEREUPON THE CITY COMMISSION ON MOTION DULY MADE BY COMMISSIONER PLUMMER THE ABOVE CITED MOTION TO TABLE WAS MADE *NOTE: See Ordinance No. 9175 This Same Meeting 39. PERSONAL APPEARANCE: IRBY MCKNIGHT - CULTURAL ADVISORY COUNCIL OF OVERTO11dN Mayor Ferre: All right take up now —we revert back to the 2s45 agenda. Wo now will hear from Irby Martin McKnight, Director of the Cultural Advisory Council of Overtown. Is someone here representing the... Father Gibson% Yes, he is. There he is. Mayor Ferre: All right, Mx. McKnight, the Chair recognizes you. Mr. Irby McKnight: Good'afiersoon, ladies and gentlemen and Commissioners. My name is Irby McKnight of the Cultural Advisory Council of Overtown and I'm here on behalf of the Overtown community and its cultural arts S E P 2 51980 ist N 9 Mr. McKnight (continued): program. To be brief, the program works in the Overtown community and presently employees thirty people who work ■ at 899 N.W. 3rd Avenue. And we offer arts, crafts and music to the children in the area. It was made possible by a grant from EDA. Our reason for asking this public forum is, the EDA grant expires and we are back on the streets. so we need to come with some kind of solution to that problem before that probl=�m arises. We hope that this Commission and members of the City can find it within themselves to answer our re:laest for funding and to hear us out this afternoon. A brief history of the Cultural Arts Program... Mayor Ferre: You have to talk into the mike, Mr. McKnight. The microphone is working but you have to put your mouth very close to it. That's better. Mr. McKnight: Can you hear me now? Good. Mayor Ferre: Go ahead. Mr. McKnight: A brief histcry of what the program does under EDA. We offer art, music, jewelry making, gymnastics, wood carving, dancing, silk screening, gymnastics and ci.nemagtograhy. Mayor Fer:re: Mr. McKKnight, excuse the interruption. I need to ... so that we can see what the schedul-, is of timing. How long do you think. your presentation, in total, will take? Mr. McKnight: Ten minutes. Mayor Ferro: I i u:, sir. Mr. McKnight: The cntir.e operation Of the program, those are the courses that are of.f#-red. The program was designed to run for eight weeks. We knew that in the_ beginning of the progra,n. However, the interest that has been created because of the program, we feel is too much to let go at this time. We currently serve an average of four hundred kids per week, in all age groups. some of them are little kids, ten and twelve, some of them are twenty-three, some of them are thirty, and there are senior citizens. And some of therm are represented here today. The reason we are asking that the program be continued is that were we have succeeded in doing something in the community that's positive. Where we have succeeded ways for kids who would otherwise not have a way. We are about to turn them back out on the streets. First, we started out and we have employed thirty people. Never mind that their jobs have been threatened. That's secondary. The first thing is that the program currently serves four hundred kids who without this program would have nothing to do. This is what members of the staff and the participants .in the program are showing you now are some of the carving and silk screening t•.hat'N done as well. as art, in the program. These are items that the children made over long periods of time. They are taught the skill upon registering with our program. We just get them off the corners no matter what age they are. It's attractive to the thirty year older as well. Our current need is, now that we have these children in a positive setting, now that we have these young adults off the street corner, let us riot say to them that this is it. This was something we could do for a few weeks and now that we know it can be done,rt's over. Lets not turn our backs on them now. it is necessary to obtain funds from this City to keep the program in operation, from EDA or from whatever sources the City maybe able to obtain the funds from. The program is currently administered under the oepartmer.t of Community Development, and Mrs. Linda Kelly is •t:he program coordinator. We are asking, in total, to koep the program operating for one year at the level in which it is currently operating, a total of three hundred thirty-eight thousand, two hundred eighty-seven dollars and.twenty cents. We also need permission from this board to. -purchase silk screening equipment which our. current EDA budget will Al'lowus-to obtain. If at all possible, we would also like to ask the -City, or we'ask the City to look into the guidelines set down by CETA in I termination or the program which is to end October 17. CETA in turn, will take twelve staff people and place ist .85 L y ti •; f � � i' Y 1 Mr. McKnight (continued): them on CETA as of October 1st, for ninety days. The remaining eighteen staff persons will continue to work under the EDA grant until October 17th. We consider this a terrible injustice for the simple reason, number one, all of the employees would prefer to remain at the present salary rate until October 17 if nothing else can occur. If something else could happen, we would like to have the City assign someone to meet with Mrs. Linda Kelly who is on staff, and the project coordinator, and work out the details, let us know what the expectations are so that we may live up to our end of the bargain. Also, we ask that this be a speedy operation, as speedy as the program was getting started in the beginning. Thank you. Mayor Ferre: All right, thank you very much, Mr. McKnight. Mr. Manager, could you assign somebody to meet with these people to see exactly what the procedures are, through CETA, to see if there is any possibility if we could be of help to them and their problems. This is the Cultural Advisory Council of Overtown, has been funded as I udnerstand it, through a direct grant? Mr. Fosmoen: No, sir. The program was funded as part of the million dollars that EDA made available immediately following the civil disturbances, for an eight week quick employment program. Mayor Ferre: I see. Mr. Fosmoen: And people were brought on board, hopefully, with the understanding that it was an eight week employment period. That has been extended until, I bali.eve, October first. I would assign Rob Parkins to work with Keiko and get them in touch with CETA and see if there is some way if the CETA program can pick it up. But, you know, the Commission needs to recognize that we had four hundred and sixty four people employed. That would represent, if we were to continue that six million dollars a year to the city. Mayor Ferre: All right, Mr. McKnight. Anything else you want to add? Father. Gibson: You're getting one hundred million dollars in this area, so you say, and for that purpose. I raise some question... Mayor Ferre: He's talking about the funds that were earmarked by the Federal government. But of the hundred, as I remember the newspaper story, eighty million of it was already previously committed and earmarked. Mr. Fosmoen: Well there are a number of figures being thrown around regarding the White House and the Federal response to the riot. The first announcement that Jean Eidenberg made was seventy-one million dollars. Of that, by my calculations, it represented seventeen million of new money. In other words, monies that had not previously been committed. Then there is a discussion of ninety one million dollars, ten of which was for HUD Discretionary money, and I think we've indicated previously to the Commission, that it is highly unlikely that we will get funded to the tune of ten million dollars for HUD Discretionary money. The one hundred million dollars that has been discussed, of course, is the Fascell-Stone bill which relates to the refugee issue. Mayor Ferre: No, no, no. That has nothing to do with it. Father Gibson is not talking about that. Mr. Fosmoen: I understand that. Mayor Ferre: All right, further discussion or questions. Mr. Plummer: What is the motion? Mayor Ferre: There is no motion. It is a request that the Manager, and lie has responded that he would assign Rob Parkins to help and bring this matter up before the C�4. Consortium to see if we can get CETA funds assigned to this group.l 86 - 5 tP 2519000 ist Mr.. Lacasa: I move that. Mayor Ferre; All right... Mr. Plummer: And I second the motion, Mr. Mayor, but I want to reemphasize, Mr. Fo smoen, and this is not your fault, okay. But here again, you know, when these things are on a stop -gap measure, and they are temporary in nature, it is most imperative that the people understand that and understand it fully. You know, because obviously these people whether they did nor did not, didn't understand. And now they are here knocking on the door saying to this Commission, we've done a great job , we want to continue. Well we want them to continue but it wasn't really directly our money to begin with, and here we are fared with many, many problems in budget. I just hope it's a lesson to all of us. Mr. Fosmoen: Commissioner, we saw this coming ten weeks ago when F.DA came into the City and said we're going to provide one million dollars for short term employment. Our first question to EDA was, what happens at the end of eight weeks? We attempted... Ns. P1urm.er: Let me put .it to you another way, Mr. Fosmoen. Whatever we did in this case, stop and lets come at it from another approach because it didn't. work. Now, I'm not finding fault with you, sir. Okay? But I'm saying that to me it's unfair to lead people or let them be lead down a par.n when the.path is at an end. And they've got to know that, that it is temporary. Mayor. Ferro: All. right, further discussion on the motion? The motion is that the Manager be instructed to, through Rob Parkins, help Mr. McKnight at the CETA Consortium to see if they can be helped to continue funding. Father Gibson: I call the question. Mayor Ferre: Call the question. Tne following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 80-703 A MOTION DIRECTING THE CITY MANAGER TO ARRANGE A MEETING WITH MEMBERS OF THE CULTURAL ADVISORY COUNCIL OF OVER`.COWN AND THE CITY'S CETA REPRESENTATIVE TO DETERMINE IF ANY ASSISTANCE CAN BE RENDERED TO THIS GROUP Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo is t .f-7 S E P 251980 40. PERSONAL APPEARANCE: JOHN THOMAS REQUESTING EXPEDITIOUS CONSTRUCTION OF NEW DOCIC4ASTERS OFFICE Mayor Ferre: We're now on item number five which is John H. Thomas on bahalf of the Miami Marinas Association, Inc. Mr. John Thomas: Mr. Mayor, Commissioners. I'm John Thomas. My address is 2825 Oak Avenue in Miami. I'm here for the Miami Marinas Association. What I'd .like to do is get a project unstuck, that I think everybody is going to agree is a good thing. I'm talking about the revised dockmasters office for the facilities here at the Dinner Key Marina. The facts are that the existing facility which are basically in,the basement of this building are a disag::ee to the City for a marina of this size. The funding is available for the new dockmasters office, the designers plans have been shown to the Waterfront Board, to the Biscayne Recreation ,prt�_,nt. Company, to the Marines Association, and as far as I know, everybody has approved the dasign of the new dockmasters office. We'd like to get it unstuck and ae what's holding it up at this point. What we're asking for is a resolution that the City Commission put it out for bid, get the architectures, working drawings, or whatever needs to be done to get this dockmasters office off the ground at this point. Mr. Plummer: Mr. Thomas, you know, my name is not Carollo, I wish I was twenty-five. You're here representing who sir? Mr. Thomas: The Miami Marinas Association. Mr. Plummer:, Mr. Thomas, were you not the same attorney who represented the law suit which stopped all action of this Commission? Mr. Thomas: That's correct. Mr. Plummer: Isn't that a little... Father Gibson: Contradictory. Mr. Plummer: Mr. Thomas, I will answer your request of today to see the attorney who represented the action that stopped the Commission action. Mr. Thomas: There isn't any real connection between the... Mr. Plummer: You know how I voted originally, sir? Mr. Thomas: Yes, certainly. There is not really a connection between the dockmasters office and the issue of the management agreement. Everybody, all the parties, including the management agreement, private company, the tenants, the Waterfront Board, everybody agrees this is a good -thing. The longer we keep this money the less it's going to be worth. 'If we have something everybody wants, lets -go ahead and do it. Mr. Plummer: Mr. Thomas, I'm'sure you believe that, sir. But I'm sure I don't: believe it because when this City gets hit with a lawsuit and the judge says stop, that's just,what it means. S-T-O-P. And everything stops. i'.r :'homas: This particular fund; the dockmasters office... M::. Pl.ummor? Mr.. Thomas, I'know what you're saying. I heard you the L3.5. 1.11„u ouc i hope you hear what I'm saying. lst 9 9 Mayor F'erre: All right, anything else? Thank you, sir. 41. DISCUSSION ITEI! CONTINUED FUNDING REQUEST FOR NEW WASHIINGTON HEIGHTS C.D. CONI'ERENCE Mayor Ferre: We're now on item number five (a), Mr. Moses Florence, President of. the New Washington Heights Community Development Conference. Mr. Moses Florence: Mr. Mayor, Commissioners, lay name is Moses Florence, President of the New Washington Heights Community Development Conference. You will recall that when we appeared before_ you back in May and June of last year, that you agreed to continue the funding of our organization with money that we had available in our budget under an existing contract with the City of Miami for economic development in the Overtown community. We indicated to you at that time that we were in the process of secuving funding, or making application for funding under the State program which would provide pretty close to a half million dollars into the area for economic redevelopment. I just want to bring you up to date and not Lake more than five minutes of your time to bring you up to date with some of the activities that have occurred with our organization since the: time that we appeared here before you for the additional fuad1:-n�J. Since that time, New Washington Heights and our staff has been .ribl,: to secure through a joint effort, and I want to emphasise the joint effort of the private financial communities and the guv(:.;rnment sector, in this rase being the Dade County Rehabilitation Program, funding for the rehabilitation of some of the dilapidated buildings in the: Overtown area. These are the projects that we have been working on for tho past ,year or so, these are the projects that take a tremendous amount of time and effort on the part of our staff to bring to fruition. he have, at this time, the two projects that are indicated in the article which you are reading, which have provided funding in the amount of'one hundred and twenty-five thousand dollars. Now that's just the money for the rehab of those properties. That doesn't get into tho aesthetics of the community once those buildings are completed. Nor does it get into how that ramification that plays on the addition of employment and other aspects of funding into the community. For example, with those two properties alone there are Presently four people employed at the buildings that are currently being rehabed. And the projections are that once those buildings are rehabed and under operation under their new use, that approximately twenty-five people will be employed in those properties. Within the next: week, two more properties which we have been working on for some time now will be funded.. Again, jointly through the financial sector, Southeast Banks and the Dade County Rehabilitation Program, for an .additonal sum Z:or a total of about three hundred and seven thousand dollars. These buildings currently have employed in them approximately twelve people. And the projection is forty-two people will be employed once these buildings have been rehabed. So not only are we...we're doing three things here. We're bringing money into the community in terms of the rehabilitation of the buildings which is work for.the construction industry, we're making available jobs in the community once these buildings are completed, and -all important, we're changing the image, the aesthetics of the area with the rehabilitation of these buildings and a new facade which they will have, plus the functional Utility of the buildings once they have been completed. These are the kinds of efforts that we've been involved in, along with other thicigs, along with our counselling ;cervices and the other aspects of our organization. The problem that we have right now is that the funding that we had anticipated receiving by September which we indicated to you back in Junowould bs in place by September. Because Lip. 64o= uu..ua"L.Laay which is ,involved with the administration of such funds, which I'm sure most•af' ypu are aware, those funds have been delayed in terms of allocation until approximately November of December ist V !� 0 SEP 251980 - �rnwnn®�nnmmnmrrnmmmm�u unnrnnmr'®nmmrnr�m t W Mr. Florence (contineied): of this year. our organization is currently running out of the money that was allocated as a result of our budget from 1979, 1980. We're requesting an emergency expenditure of twenty-five thousand dollars which is funds sufficient to carry the organization through a three month period to continue these operations and other projects that we currently have underway for the benefit of the community, until such time as those other funds become available. Mayor Ferre: Are you concluded with your statement? Mr. Florence: Eight, sir. We're are requesting the additional twenty-five thousand until the other funds become available. Mayor Ferre: All right, Mr. Fosmoen, the request of Mr. Moses Florence and the New Washington Heights Community Development Conference is a request of twenty-five: thousand dollars for the purposes stated. Now, the whole crux of the matter, as I have understood it, is whether or not: they will be recognized by the State and funded. And the funding date, Mr.. Florence is when? Mr. Florence: I'm sorry Mr. Mayor... i;ayor Ferre: Yeah, the question is when you and I talked about this, you said that the State: was about to make a decision on the funding and it would be, I think ,you said it was late October or early November. Mr. Florence: Or early November on the decision. And then, of course, the money to come dowIi, we're anticipating another month before the money came down. Mayor Ferre: And as 1 recall further, you said that it was your opinion that you would be the selected group, and that the funding, as I recall war; three hundred thousand dollars? Mr. Florence: Five. Mayor Ferre: Five hundred thousand dollars. Now, you know, that's a pretty strong statement, if the statement has any basis, not truth becasue I'm sure you're telling the truth, but of probability. The truth as you see it. The question is if ,it has probability then I think we've got something to talk about. It it doens't have probability, then all we're just doing is delaying the end of all of this one more month, twenty-five thousand dollars further. yeah, I know. Make your statement into the record. tdr. Fosmoen: Mr. Mayor, this is what we have to respond to. It's approximately three lines on a piece of paper we received on September 19th asking for a twenty-five thousand dollar extension. To my knowledge, Mr. Florence', has not contacted the CD staff, has not contacted Julio Castanto's staff, he hasn't contacted me to bring me up to date on where they're at. I have absolutely no way of whether they are seeking funding from the State, I have not had an opportunity to call the State. We seem to be prolonging the agony of our recommendation. Mayor Ferre: 1 realize that. noses, there's a simple way of cutting through all this. We will be meeting here tomorrow evening. We will also be meeting here one week from tomorrow evening for the purposes of setting mil.lage and adopting a budget. Now, would the administration, tomorrow in the morning, call Tallahassee and verify if there is any possibility of State funding. If there is,then I think;,thera•ts a valid discussion. If there, is not, then please tell us who you've talked to and what the exact stateme:t was. Then I don't think there's any USU prolonging the agony of all of this. And it's just as hard as it is. If you're going to gcat,,.40 nded by the State, then certainly I think the City has a responsibility to see that you and your organization stay alive until you qot funded. And I would see that- that: is a valid request. If however, the Stite%is not going to fund your organization, then I don't see that there's anything we could do. I would imagine Mr. Fosmoen, that part of the questions you would ask the State is that ist ;90 SEP 2 5 )9 80 Mayor Ferre (continued): if we advance these funds.to keep them alive through the first of November, that we would-be reimbursed from the State funds that would be forthcoming. Mr. Fosmoen: Mr. Mayor, I would, again, to point out the difficulty of trying to respond to Mr. Florence. I was just handed a memorandum, the bottom line of it is New Washington Heights has an approximate balance of eighteen thousand dollars and this should permit them to operata until the end of October. Mr. Florence: There is an approximate balance of thirteen because we still have the five... Mr. Fosmoen: Fine, you have thirteen thousand. Mayor Ferre: Well the problem... Mr. Florence: Right. But that will not, our total budget for the three months is about thirty-eight thousand dollars. We're indicating that the additional, in addition to the money that we have which is about thirteen thousand, we would need the twenty-five in order to carry us until that funding becomes available. Mayor Ferre: Again, again, Mr. Fosmoen, it is a moot point if the State is not going to fund them. It is a moot point. There is no further discussion if the State tells you we are not considering these people, they have absolutely no chance of being funded and this is a dead issue. Mr. Fosmoen: T..- the State tells us that, we may wish to reconsider the thirteen thousand in their account. Mayor Ferre: Now, I think the point is that we're trying to help them maintain themselves alive to see if they are going to be funded by the State. If they are not, lets get on with it. Okay? Mr. Florence: Mr. Mayor, if I could just make one other request. I'd like to invite you and the other Commissioners, if at all possible, to our office on this coming Monday at noon. We'd like for you to become familiar with that community and with the projects that we currently have underway and some of the things that we're doing right now in the area of economic development and revitilization of the Overtown area. Mayor Ferre: Mr. Florence, I cannot commit the rest of the Commission. As you know, we have that day, the inaugration of the new administration building. I will be there Monday, but I can only speak for myself. Mr. Florence: it is my understanding then that your staff is to report back next Thursday evening in terms of... Mayor Ferre., Either tomorrow evening, which I doubt if they are going to be able to get to.the State, but if they can, we'll give you an answer tomorrow evening, or we'll give you an answer next Friday the 3rd of October. And then I• will recognize you for discussion at that time, and we'll discuss it at that time. Father Gibson: Mr. Mayor, I think it ought to be noted that there is a letter sent, or will be sent that invites all of us to view that Program. There is a letter. They have written a letter inviting all of us to view that program on the 29th. Mayor Ferre: That's on Monddy. Father Gibson: I think I'm making the point. That at least if we wait until the 29th, we'll have an,opportunity to see it and maybe we may cKinge our minds. And thin rn+r mi.rd , may he made up right then and there. Mayor Ferre: All right, we'll see you Monday. And then if there's further discussion we'll have it then'on the evening of the 3rd. ,91 E. P 26 51980 lSt 9 C~ 42. GRA14T $2, 500 TO URBAlI LEAGUE FOR PROMOTION EFFORTS GOLF TOURNAMENT - MIAMI SPRINGS GOLF COURSE Mayor Ferre: We're now on item number six. T. Willard Fair could not be here but we have Mayme Bondu whose representing... Mrs. Bondu: Mr. Mayor, Commissioners... Mayor Ferre: Mrs. Bondu, it's always very nice to have you with us. Mrs. Bondu: 'Thank you. I'm a little lost here. I can plan and execute golf tournaments but when it comes to the background of what they're trying to do, I'm not to certain. I understand that we are requesting a waiver of green fees for the use of Miami Springs Golf Course on November 3th and 9th, and the underwriting of the cost of a luncheon for from one hundred to one hundred and fifty persons on that Saturday afternoon at approximately four dollars each. The Urban League has had quite a few problems this year. They've had typewriters etc., stolen from them while they were in temporary headquarters after their building was on fire, and they are trying to replace these typewriters and other office equiprient sc they are asking, really for the waiver of the green fees and the un&,-rwriting of the cost of a .luncheon. Mayor Ferre: All right, now Mr. Manager, Al, you could probably respond. As I recall, traditionally, when Dave would come down here asking for this waiver, haven't we given that in the past? Ms:. Al Howard: There is only one waiver that we have throughout the year from the golf course, and that is fifty percent for the North -South Tournament:. We've been doing that four about twenty-seven years. Mayor Ferre: Isn't that the North -South Golf. Tournament the one that Dave Bondu was always involved with? Mr. Howard: They were associated with it, yes. Mayor Ferre: That's not what this is? Mr. Howard: No... Mrs. Bondu: No, they started this one, however, eight years ago when he was with the Urban League. Mayor Ferre: I see. Mr. Fosmoen: Mr. Mayor, the situation is that since 1973, with the exception of the annual North -South Tournament, we have not waived any of the green fees at the golf course. Mayor Ferre: I•low much is involved? Other than the principle.• Mr.. Fosmoen: First, we're setting a very dangerous precedent, obviously. Secondly, the golf coursus'are one of the few enterprises we have that make us some money, And if'we start cutting that back, we're going to be in even more serious problem... Mr. Plummer: Mr.- Fosmoen, we hear what you say, now answer the Mayor's question. Iiow much money is'.involved? Al :Iowa: �. 1 ' Lliej ;:, u'iu.�y WU1V 1 / aiiLA they have one hundred and forty-four people maximumi you're talking about nine hundred dollars just for the greens fees per day which would be eighteen hundred dollars, .9►2 i s t SEP 251980 ® n1MIiARIIfIrGmnrn nnimrtr�emailrtr�a wl6f nri in�Riv�wn� _ Mr. Howard (continued): and about five to six hundred dollars for a luncheon. 5o it's well over, it's about twelve hundred dollars... Mr. Plummer: `Dotal? Mr. Howard: Minimum. We would have... Mayor Ferre: it's got to be more than twelve hundred. If you have eighteen and six hundred, the way I add that makes twenty-four hundred not twelve hundred. Mr.. Howard: Twenty-four hundred. Mrs. Bondu: But now, if this is going to be a shot -gun tournament which means that carts will be used... Mr. Plummer: Please don't use that term. Mayme, are you asking us to waive the fees of the golf course, or are you asking us to donate monies for promotion. Mrs. Bondu: They are asking for the waiver of the green fees... Mr. PlLunmer: layme, you didn't hear me. Are you asking us to waive the fees of the golf course or monies for promotion? Mrs. Bondu: Money for the promotion. Mr. Plummer: 1,11. Mayor., I think that khe waiver of promotion, not the waive_, of course., we can't do that, we would be setting a precedent, but I do feel that we could be helpful in this endeavor. There is no question that this year that they are experiencing a problem that they have not (.,xperienced in the past; two major break-ins. And I, Mr. Mayor, would make a motion that we give to the Urban League a grant of twenty-five hundred dollars for promotional fees of this golf tournament. Mr. Lacasa: I second the motion. Mayor Ferre: All right, now under discussion. Let me make sure we understand. The monies go to the Urban League towards the benefits that come out of this will go to the Urban League. Is that correct? Mrs. Bondu: That's right. Mr. Howard: I understand. you're charging an entrance fee and we really don't know what that fee is. Each individual is still paying fee to enter that tournament, is that correct? Mrs. Bondu: They are paling a fee for trophies and prizes and including the golf cart that we do have to pay for. Mayor Ferre: Mayni�-:, I guess where I'm going is this. What does the Urban League get out of this. If you tell me the Urban League gets something beneficial or,of substance then I'm all for it. But if what we're doing here is just,paying q lot of guys fees to have a nice afternoon on the golf course,.I don't think that the City of Miami is in business to provide the,Urban League a nice afternoon on.the golf course. Now if you tell me that you're making money for the Urban League, then I want to tell you I'm all for it. But if you're telling me that this.is just fellowship, I'm just not going to vote for it. Mrs. Bondu: No, no. Each participant pays an entry fee. I'm not sure whether it's thirty-five or fifty dollars... Mr. Howard: Mr. Fair hasn't told me but he indicated that it was going to be fifty dollars. Mrs. Bondu: Each entrant pays-fifLy uuiiars -Lrum which c,:opn1es, prizes, and golf carts are paid. 51980 is Mal-:)v Ferre: All the money goes into trophies? :'.r-s. Bondu: No, no. I don't know exactly how they split the fifty dollars... Mr. Howard: They would make from that fifty dollars, approximately 25 dollars, that would be net to the Urban League, per person. Mayor Ferre: Would the maker of the motion accept the following amendment and that is that we would approve this, provided however, that the Urban League at the end of this would net at least that much money. Mr. Plummer: I have no problem with that at all. Mayor Ferre: Because you know, I think there's got to be a purpose for it, and frankly, if the purpose if fellowship, then I'm going to vet against it. If the purpose is to raise money for the Urban League thra I'll vote for it. Mrs. Bondu: Well. it is to raise money for 'the Urban League. 5erre: If the maker of the motion and seconder accept that as an J:nert then I have no problem. ;Ar. Plummer: Excuse me, f-ir. Mayor. And on the record I want to indicate that this is not t.hc: only sports activity that this Commission has done this with. You know, we do it to the tune of twenty-five thousand dollars « year for. the University of Miami for promotion. Mayor Fevre: That's correct. All. right, further questions or discussion. Mr. Carollo: i jiist have one statement to make, Mr. Mayor, this is what bothers me, you know, I think it'5 great if we come forward and help the Urban League. but we're going to be meeting again tomorrow for our new budget for thl. following year. our administration is telling us we're quite a few million dollars in the hole, that we have to raise property taxes in the City of Mi,:uni twenty percent over what the State requires in order to meet that level. of service that we require. This is what the admini.stration alleges. We have to -.raise the garbage collection .fee in the city of Miami over one hundred percent, and I just see that everytime Someone comes in hand, whether it's five thousand, two thousand, fifteen thousand, whatever, we can never say no. And if we're hurting so bad I think we're going to have to draw the line somewhere and start saying no. Since I've been on this Commission for nine months, we must have given away three, four hundred thousand dollars on this sort of thing. And ma'am, in no way is this referring to you all. I think what you're trying to do is very honorable. But what I'm saying is if the City of Miami is in such bad shape that we're going to have to tax to death our taxpayers, then we're going to have to draw the line. M::. Lacasa: I can see that point and it's very well taken, but these are special circumstances that we all know. That this particular area where the Urban League is servicing, and the Urban League is probably the most respected and well established organization in'the whole nation the black community. And just the previous City Commission we gave fifty thousand additional dollars, fifty thousand, not twenty-five hundred but fifty thousand additional dollars to Edision-Little River, in addition to the fifty thousand they had already received, so I have no problem in cooperating with the Urban League at this particular point. Especially in view of the kind of organization that is rrFlu^sting this. Plummer: Ilene again, I just grant to make the record clear. The Urban league has experienced thic :, .a� '' ... . _ -.. k into a real bind. A fire, and twb major robberies. They're in trouble. I feel that. the Urban League serves a need in this community SEP 4 51980 ist N 0 Mr. Plummer (continued): if this; is a way that this Commission can help the Urban League to continue their work in this community, I'm in favor of it. Mr. Carollo: I'd just like to add one more thing. I would hope that this Commission reaches some conclusion on next years budget on whether we're going to be throwing hundreds of thousands of dollars away, whether it's for a good cause or not. if we're hurting, then we've got to cut the line somewhere. I think for this year the policy has, been established already. It's not going ;.o be fair now in the ninth inning to change the game on these people. But I think that this Commission is going to have to detei-mine what. we're going to do. Are we going to start handing money away everytime somebody comes here and then pass it on to the taxpayers, or are we going to learn to say no? Mayor Ferre: Further discussion? Call the roll., please. The following motion was introduced by Commissioner Plummer, who moved its adogition: MOTION NO. 80-704 A MOTION I;RANTING 'r•iE REQUEST FOR AN AMOUNT NOT 'P0 EXCEED $2,500 FOR THE PURPOSE OF PROMOTION OF THE GOLF TOURNA1,LE.NT TO BE HELD AT MIAMI SPnINGS GOLF COURSE: PROVIDED, H0401ER, THAT THE URBAN LEAGUE WILL NET AT 'LEAST AS MUCH MONEY FROM REVENUES D'ERIVI:D AS HAS BEEN GRANTED TO THEM BY THE CITY ON THIS DATE Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Conuniss:ionor (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. *Conunissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ON ROLL CALL: *Mr. Carollo: Yes. I'm going to vote yes because this has been the precedent that we've set this year and they are only asking two thousand five hundred. And if we have given much more than that to many other organizations that haven't done as much as they have in many areas then I have to go along with them. *Mayor Ferre: I'd like to explain my vote. I asked a pertinent question, and that is, is the I7rban League going to receive at least that amount of money in benefits, in hard dollars. That was made a part of the motion. That makers all the difference in the world. A City like the City of ,Miami is not just a Police Department, a Fire Department, a Sanitation Department, Public Works, Zoning and so on. We have an obligation, we have an obligation in social services. That's 14hy we have, and f6 rmer Commissioner Rose Gordon is here who was the champion of day care centers. And I dare say that if it hadn't been for Rose, the day care centers wouldn't have survived. But we have an obligation, Rose, even tho"gh .you're not here is being kept, and it really was due to your work that we have the day care centers. Now the Charter doesn't say that we have to help the day care centers, it doesn't say we have to help the Urban League. But the fact is that when people riot like the people,who rioted in Miami, we're all affected whether we live in Coconut Grove or wherever we live, or we live in Bay Point or Bay Heights, or any part of the pity, we all live in this City together. And the fact is, tbat`the Urban ut.dgue is one of the bUlKwarks in the black community of ttyil-J to alleviate a problem that is causing all. types of concerns and is affecting all of us. Now, I think that's E P i�80 ist Mayor Ferre (cont:inued): an obligation of the City. We, as Lacasa said, we just gave fifty thousand dollars to economic development. Why? Because the CD Board said that they demanded that we respect them and give them the .fifty thousand, and then Annette Eisenberg and the merchants came down and they demanded, and after they demanded enough we said, okay we'll give you both fifty thousand dollars. Now, I don't know whether we've wasted fifty thousand dollars or not. But this, to me, is just as important, this twenty-five hundred dollars of helping the Urban League is just as important as the fifty thousand dollars we gave Annette Eisenberg to try to strive for economic development. There's no difference. Absolutely no difference. This is just as important to the black community, and in the long run, God knows, if this twenty-five hundred dollars may be a heck of a lot more cost effective to the welfare of this community than fifty thousand dollars that we may have just thrown away because we had competiting rival groups that we didn't want to offend and and we a].1 voted for. So, it's... complicated problems do not have simple solutions. I vote yes. 43. PUBLIC HEARING' PROPOSED RENT CONTROL ORDINA14CE Mayor Ferre: P:-,_� next item before us is Miguel A. Pirez-Fabar, the spokesman for the group of citizens proposing a rent control ordinance. Mr. Pirez-•1"abar: Members of the Commission, Mayor Ferre, I was selected to address the Commission in order that I may present a proposed ordinance which .is not a rent control ordinance. As a matter of fact, this is a proposed ordinance, it's not designed to penalize in any way or limit hones landlords who are charging fair rent for their property. This .is encouraged, The ordinance in now way prohibits, or limits the landlords ability to pass along increases in cost of living reflected by the Consumer's Price Index. The ordinance creates no paper work or forms that need to be filled out or filled by landlords. The solo intent, purpose and affect of the ordinance is to prohibit price gauging on the part of unscrupulous landlords who seek to take advantage of the current rental housing emergency in the City of Miami. The ordinance does this by establishing guidelines for creating a rebuttal presumption as to what constitutes and unfair or unconscionable rent increase. And by virtue of the statute, illegal rent increase. It does this by creating a rebuttal presumption. This is very important. That any increase in excess of two times the rise in the con.,umer price index is unfair and imposes penalties.of such increases. As added protection for tenants, the ordinance does not prohibit any tenant from hearing an action for unfair rent under any other of the state ordinances; or laws. Such action can be based upon the unfairness of the rent, or rent increase in light of the disrepair or otherwise unsuitable condition of the promise, Further, it provides the landlord who has done an unusual service for his property to be able to increase the rent because it is a rebuttable presumption. Otherwise, if you are now providing better lodging than you did before, you should be entitled to an increase that is proportionate to that and would, in those cases, and increase of more than twice the consumer index would not apply. Now, in essence, and the ordinance, if you so wish, I could read it in total. Does the Commission wish me to read the ordinance in total? The Commission has it before them. In essence, what we are trying to do is a two -fold thing. One is to prevent what is going on now in ,the City of Miami. The majority of landlords in the City of Miami are fair, and are extracting only a %ir :;::urn on their investment. Ho ever, a group of unscrupulous landlords abusing the circumstances trhat,NIa-be crecIted a diminished availability of rental units in the City, have gone on to increases of fifty, one hundred 96 S E P 4 51980 i s t X"a;::::.'-;a�n 7,ri•b.r:f:i.��1Jte:�.y?��tiL:��,S:`::i'9'�na--'�..^..;'F Mr. Pirez-Fabar (continued): percent and more in one year, forcing tenants, and normally these are tenants who don't even have the money to be able to move, to double up, to go into very, very small lodgings for large fiunilies creating conditions of over crowdedness on their living, diminishing their consumer ability to be able to pay for food and other prime necessities of their living. "i'his is exactly what we're looking for. This is in no way an ordinance designed to penalize or infringe upon the reasonable, socially approved views of property by any landlord. Now, this is not new and the ordinance contemplates the basis that has been set forth by state legislature and by the courts in order for its enactment. This is an emergency measure for one year only. If approved by the Commission, this ordinance must be placed before the voters in order to comply... to the vote of the people of the City of Miami to comply with State law. Otherwise... the City passes, the Commission passes this ordinance, it would go for the vote of zhe voters of the City of Miami and they shall vote upon it. Again, this is not snake oil it's not designed to cure, it's not a unique measure. This alone is not going to solve the problems that we have with rent, the problems that we have with living conditions, the problem that we have with a shortage of living units. There are other measures which need to be taken by the City Commission in certain instances. In other instances, we might need to resort to the State or to the Federal government. This is just a plug on a ship t.hat�is taking in water, and it's taking in water. fast. We are dealing now with people which are having to decide between a roof over their heads or food in their stomach. And we are again, not penalizing the reasonable normal use of rent, or infringing upon the rights of Landlords. We're just saying one thing. The rights of one man end where the rights of another one start. Price gouging and abusing the ren'_al sJtuation of the City of Miami for usurious benefits is something tL.at this City Commission must contend with, and I believe will contend with. Mayor Ferre: All right, I'm sure we have people here in opposition. Mr. Plummer: Mr. 11,ayor, if I may. I would just like, for the record. :Sir, you are a layover. May I ask who you have been retained by? Who is your fee heing paid by? Mr. Pirez-Fabar: i have won the... Mr. Plummer: I have the petition, are they the ones that... Mr. Pirez-Fabar: when the ordinance was presented, it was signed by a number of people... Mr.. Plummer: Are they the ones that are paying your fee, sir? Mr. Pirez-Fabar: yes. Mr. Plummer: Okay. Also, may.I ask, for the record, what civic organizations you are representing. Mr. Pirez-Fabar: I do not represent any particular civic organizations. There are people from several civic organizations which have come to see me. Mr. Plummer: I quote from your letter, sir, dated July 21st. .This firm was engaged by very interested citizens of the community and representatives of various civic organizations. Mr. Pirez-Fabar: 'That's correct. Mr. Plummer: And I'm just asking for the record who are those organizations. Mr. Pirez-Fabar: Oh, okay. 'There were members of the Urban League, certain members of the Urban .League, and a number of the Little Havana Development, Community Development League. .9'7 ist P i980 t C Mr. Plur.umer: And th,)se are the two that you included in your letter of information. Mr. Pirez-Fabar: Yes. Mr. Plummer: Thank you. Father Gibson: May I ask a question? Did they engage you, no, did the organization employe you, or dial individuals in the organization. You see, what Mr. Plummer is asking you... Mr. Pirez-Fabar: Have I been paid by anybody? Father Gibson: No, no. What Mr. Plummer is asking you is important for the record. if the Urban ... you quoted the name of the Urban League. Did the Urban League Board meet, vote, and said we want to hire this man. Mr. Pirez-Fabar: No. I said, specifically certain members. I didn't use any... Father Gibson: All right, lets raake..certain individuals. Mr. Pit.-er.-Fabar: I do not represent the Urban League. I do not rep...I said, as I said in my letter, certain individuals who are members of these or�ianizations. Father Gibson: What was the other one, J.L.? Mr, Plummer: Nc.. Father, my second question was, you know, who were the people that wore paying his fee and who were the organizations. The reason...I'll tell you what prompted that. You had, sir, a little gathering out front. this morning, or I assume some of your people did, the people that you are involved with. And it was reported to me that this was an organization known as the Hialeah Tenants Association. And I fail to see what the Hialeah Tenants Association was doing in the City of Miami. That's what prompted my question, sir. Mr. Pirez-Fabar: Wc�1.l let me put it this way, biblically, probably they were here for the... Mr. Plummer: Sir, when you speak biblically you talk co Father. To me you talk street talk. Mr. Pirez-Fabar: They say that when. you see the beards of your neighbor burning, you should place yours in water. And that is probably why the people of Hialeah were here. They do not have a problem very different from ours,. Mr. Plummer:- I shall so inform Mayor Bennett that his beard is on fire, thank you, sir. (.LAUGHTER) Mr. Pirez-Fabar: When beards are on fire, it's an old English custom. Mayor Ferro: All right, I'm sure we have opponents. How many wish to be heard today, at this time? Raise your hands, please. Rose, obviously being a former City of Miami Commissioner, you have the right to speak first or last. Whenever you want. You don!.t want to be first. All right. The chair at this time will recognize the President: of the Miami Chapter of the Women for Responsible Legislation. Mary Ellen Miller. And :subsequent to that, Mike Thompson, Chairman of the I-forida Conservative Union. Ms. Mary fallen Miller: My name is Mary Ellen Miller, I am president of th(i Miwiai Chapter of Women for Responsible Legislation. I live at 1386 South Venetian Way, Miami. T)tat's on Marco Island. Gentlemen, we recognize the problem that you'face today regarding the housing shorLage in our City. gut we•d,?pose the proposal to impose rent control Property rights are an inherent'right in our free enterprise system. And rent control has never solved the problems they were intended to e • ist SEP 251980 6 9 Ms, Miller (continued): solve. The prime example, the City of New York and even closer to homL, and more recent, the City of Miami Beach. Property under rent control decreases in value, so it will decrease on your tax rolls. Yet even now there is talk of the need to increase the millage rate and further burden the home owner,; in the City of Miami. Landlords who are now good and fair to their tenants will be tempted to become unfair because they rant afford to keep up the property. Landlords who are not unfair will be tempted, and the agency that you have already through the Zoning Board and the fiealth Department could assist in correcting any inecquit•y. The, results of rent control law have been a serious deterioration of fine older buildings, and discouragement of new buildings which cannot compete with the artifically low prices of rent control. buildings. Please oppose this ordinance and alleviate the problem by encouraging the supply to meet the demand. Thank you. Mayor Pnire: Herb, do you wart to be the next? All right, Mr. Scott. Since there are so many speakers, I'm limiting all the speakers to three minutes. 1 think that should be enough to... UNIDLNTIFE0 511EAK.,R:Mr. Mayor, fellow Commissioners, first of all, I'd just like to say that history is a recording of narrative events, of past narrative events. Therefore, you've just heard from the lady that just spoke about the recent Miami Beach rent control.. The roll back, the freeze of anything is unrealistic today. We cannot. go to the grocery stor+3 to purchas:r and, item based on last years or the year bafores cost. The cost of running the City, you've just indicated mere in this as.einbly is inc.r.easir.g. Therefore, to roll -back again redundantly, i�: unr-aal.is ti.c. The rent control on Miami (leach passed on 11 December, 74. It tvrnin:tte.d 10 DucezibEr of 76 by a four to three vote. There were forty tboussi3nd rental units under this ordinance that were affertad. Se-veni:y nine .point five percent: of the population of Miami Beach reside oz :.esir; in r,_,ntal. units. The burden of that rental increase, of that or.cinance'fell on the home owners of Miami Beach. That's right across- tho nay. '1loenty• eight pr--rcent of those residents who are in than. seventy•-nne ;;percent are of medium income of twelve thousand nine hundred dollars. Rent control. was killing Miami Beach. That's the reason that it was terminated for the following reasons: there was no new con t.ruct.i.or. which of course, affected Miami, it affected Hialeah, it affected Coral. Gables, it affected the entire Dade County area. There was no :sale of existing buildings during this period. Specifically. Properties deteriorated because of maybe attitudes, but there is a realization that those properties did deteriorate, or properties under the ordinance of rent control. The. tax burden again, shifted to the home owners. It was }:il.ling Miami Beach. On October 5th, 78, the Florida State Court upheld the constitutionality of the state law by a six to %ero vote, of the anti -rent control ordinance, in other words, the ordinance was attealpted to be brought back as a reality and it was defeated by the Florida Supreme Court. I'm not here to tell you what to do. I think in your wisdom you know what to do. I'm not going to attempr again, as the person that spoke earlier, of how to tell you to put: an ordinance into, effect. You know that better than all of us. But the point is that I yield to your wisdom. To look at history. Not only at what's going to happen hertz but what happenea across the bay to Miami. Beach. Then gq to other cities before you make a decision. Mayor Ferre: All right, sir. Herb and then Russ. Mr. Herbert Simon: Thank yoti. Herbert Simon representing the Miami Board of Realtors. I have a number of my constituents out here also. I would just like: to read into the record nine reasons that we think rent control will have a negative .impact on this City. It will be brief and Mr. 'Thomas will pas: these out to you. Home owners taxes will substantially increase because rent control leads to lower assessments of apartment h*uildings, thus shifting the burden of higher taxes to the owners of single family homes and condominiums. Two, the cost in red tape of admi'iist,':ring rent control is tremendous znto millions of dclaas, thus syphoning off millions of dollars that are needed for more important purposes, such as pension reserves, salary increases, better street lighting and police and fire 99 SEII w � IyQu i:,t Mr. Simon (continued): protection. Three, due to the increased revenue rcuulting...excuse me, due to the decrease revenue resulting from rent control, pay raises to vital municipal employees, such as policemen, firemen and so forth will not be possible and inevitably, services will be curtailed. Four, builders and developers will not build apartment uildings in rent control areas thus aggrevating a shortage of apartments which will result in increased rents to tenants. Five, investors from around the world shy away from the purchase of, any property in rent control areas. Six, landlords have no incentive to improve their properties, and eventually, the buildings deteriorate and become slums Or are completely abandoned. Seven, lenders will not make mortgage lr,:ins in rent control areas thus drying up funds. Eight, the social harmony of a community is split and antagonism is generated. And nine, and finally, llisto.rically rent control has proved disasterous wherever It has bean introduced, causing the greatest damage to the poor and to the middle class property owner. And I submit to you, that even the discussion of rent control before this body will make investors shudder ca,:.. possibly shy away from the Greater Miami area. I trust that you will not consider it. Mayor Fe.rre: Herb, because I have a high respect for you and have known you for many years, perhaps, if you don't mind, let me choose you as ton to answer some questions for me, and then ... rent control to always had two very strong arguments for and against. it is one of those very difficult issues that have no simple answers. I, personally, am a firm and at strong believer in the free enterprise system and the need to let the market place determine the fair price of things. That's -Just the American way, it always has been and I think it's something that's just as basic to this country as anything that is American. On tte other hand,I see the problem of people who rent rooms and apartments. Now, the great construction boom in the last five years, and ir, the last twenty-five. years in Dade County as been, as you and I both know, for either single.family homes or highrise town houses, arn3 other multi -rise units that are for the most part condominiums. There has beer, very, very little for rent construction. Especially in the last years. And the fact is, that I don't think that one percent of the total construction in South Florida in the past five years in housing has been for for rent units. Arid those that have been constructed, for example, Tibor Hollo's project, Plaza Venetia, are for middle income type renters and are really not the areas where I'm concerned with. Frankly, somebody who is paying five or six hundred dollars, or a thousand dollars, or two thousand dollars a month, whether or not he pays another five hundred dollars or one thousand dollars more is something that I think the free market has to function in and I'm totally in favor of that. The area that I'm concerned with and I think is a problem, is the small unit where an individual is paying one hundred and twenty-five dollars, one hundred and fifty dollars. These are mostly in the Little Havana area and mostly in the black ghetto. These are people who have either a fixed income they're either senior citizens, they have a very low income, they have no way of increasing their income in substantial form. These -are people that are impacted by this. What concerns me is not an increase from two hundred dollars to two hundred and fifty dollars. I'm not concerned about a twenty percent increase. I'm concerned about the one hundred percent increase, the one hundred and fifty percent increase, going from two hundred to four hundred dollars in one rk ntsh and without any notice. You.know, thirty days and if you don't pay you're out. -And what these people are doing is basing that on a supply and demand. What it is is the abuse of the free enterprise system. What .it is is the typical story of the criminals ... these are not criminals but I want to relate it to ... no, I want to relate it to the activity of the criminal individual who uses the American laws of the safeguard.to the individual as a shield to protect him or her from the wrong -doing that they are going to perpetrate on the And they use the laws'of the..,the common law of America that M-118 that a man is innocent.until proven guilty to protect them. It's a shlcld .for them to cc mil t•their,crime because you've got to find them, � ..) prove that they're guilty, there has to be witnesses, people have to testify and that's one of the big major problems of criminality ist 1W - �:. 11 SEP 251980 6 0 Mayor Ferre (continued): today is that Lhe laws protect the cri.mi.nal. almost more than they protect the innocent individual. And we all say that over, and over, and over again. Now, what's happening is that individuals who own these olO run down places that have little rooms that they're renting out for one hundred and twenty-five dollars per month are using the free. enterprise system because of the supply and demand laws to increase their rent from one }n.lndred and fifty to four hundred dollars. And I think that's unconscionable because thos people have no way of paying those four hundred doli.ars. Now there is somebody who will hay it, there's no doubt about it. And there are people who have to resort to v..hirgs that you and I wouldn't want them to resort to to be able to get the money to pay the four hundred dollars. But I think it's a type of a situation where there is no winder. Everybody loses. In the long run, the people who are making the extra profit lose. I'm not...I am concerned about the money in Canada and New York and Caracas who is coming in here to invest. I don't want to hunt the people who are going to put condomini.11ms on Fsr.icke.11 Avenue or tale people. that are putting ur major projects. I don't know of. one Berson, I really don't, I don't knew of one person in Mianli today that is scheduling to put: up a, for �-c:nt apartment in the range of one hundred and fifty or two hundred dollars pei month. :r don't know of any such project, I have not hear,l of .any :such project. Mr. Ciarollo: Part. c,� that problepl, t4i'. Mayor, if I m.*.y '-nt:c:rrupt for a second, is the F.'edc:ral. gc,veriunent. When you have an inflation rate as high as we d•:ive today, i1.1-st tc. borrow money alonfi fo.t comity,:?rcial Property l.i'te that:, you're paying fifteen, si.:tLen pr�--::ent int.nrest. M,a,,nr Ferre: sloe, bur the argi:aient...seo the counter argUlilent is, excuse me, is t.i;.lt. ""'hen the rates at four and five percent nobody was building for rent either. Sec.? So t:ho .point ilia trying to mako is that in the free if I nave one million, dollars re invest, I'm going to invest it where i gee. the biggest return on my million dollars. And I'm not going to build apartments for rent for poor people. I'm going to go and build apar.tmc.,nts to be sold to rich people because there's a 1�;t more money in it. And therefore, what happens is, who are the peol)l.e th t end up suffering and caught. in these rent control, or lack or rent control situations. You know who it: is? It's the smtil.l little guy. Nobody is buiAdi.ng apartments for him. There are no more apartments. The only people that take care of ic is public housing and there is a twenty -thousand wait.iny list. Nobody is building any apartments. In the meantime, we have a lot of poor people, or poorer people who have no way of ... where are they going to co? What are they going to do? Mr. Carollo: What I see is this. I think -that for new construction at the present interest rates, the days of the one hundred and fifty dollar apartments are gone. You're not going to oce that again unless the inflation rate aoss'down and we're not paying for commercial property fifteen percent or more interests rates. What bothers me is the following: I have been in this City, to apartments that are fifty, sixty years old or more, wooden shacks, if I may ay. One bedroom, :some don't even have ally plumbing and .any type of sanitation where people can go to the bathroom. The lighting wiring in -ome of these places are to an extreme dangerous point:, and people are forced to pay three hundred, three hundred and fifty dollars for one little room. In some cases, they are lucky, they might have a one he;drooin instead of just me room. And the places are full of termite::. I went to one little shack that the floor was caving in. The pooplc were afraid to say anything to the landlord because they }:now that right away if they eninplain for thorn to repair, they are going to kick them out and bring someone else that is cjo.ing to be willing to pay the price. Now this is what bothers me. places like this that you know have been paid for already, many ti.iiies over and ;this is where I see the abuse. As far as new construction goes, we. have to be realistic about it. There is no way in the world than someone is going to build a new apartment and is going to be able to'rent it: out at one hundred and fifty dollars for :, U;i" sit..., jiL..ause 'tuday's. inflation, you xilow, does not let it happen. ist i0i UNIDENTIFIED SPEAKER: But there is something...may I interject something, Mayor? Mayor Terre: Excuse me, please. At this stage of the game, I was asking Herb to answer... Mr. Simon: I'm going to ask you to repeat the question. Mayor Ferre: I made a long statement, Commissioner Carollo also made a statement, and I'm just about ready to pose a question and finish my statement to you. In days gone, people dho own properties like that were called slum lords. And these are people who, in my opinion, plague the black community here and thoughout America. Most of the people that own these apartments in the black urban ghetto are not black people, they're white people. They are white people who have made substantial monies off of the poverty of poor people. And what concerned me about the slum lords always, is that it's not blood money but it's money made on misery. And I frankly have never been able to stomach very well the tremendous rate of returns of slum properties because it is something that: is dependent on the misery of others. And I'm not saying that people are not entitled to make a return on their investment. But the return on investment on slum properties in many parts of this c0-.111try, traditionally have been exhorbitant. I mean, sometimes the best returns have ].-)eon on slum properties because of, there .is no maintenance, there is no up -keep, there is no expense, and yet the rates for what they get are tremendous. Now, there was a time that his just afflicted the black community, now it's afflicting white America, and it's afflict:inq the Cuban communty, and the latin community here in Miami. And wh«t'; happening is that people are buying old apartments and old run dowry proF-ser.cies, waiting and speculating for values to increase, and _when utilizing that as a tool because of supply and demand to make a tremendous return on their investment. Now, the question is this: If we were to consider rent: control and limit it to, and there we get into all kinds of legal and constitutional problems but maybe we coul:t find a solution, to existing buildings that rent for two hundred and fifty dollars a month or less, or have some kind of limitation so that we're talking about is the lower spectrum of the economic, and that' we're not talking about new buildings. Nobody is going to build...nobody can afford, as Joe said, to put up an apartment building and rent it for two hundred or two hundred and fifty dollars a month. There is no such thing. But what we're trying to do is trying to perhaps fine: a solution for price gouging at the lower economic spectrum, Is there a way to do that, in your opinion? Mr. Simon: Well there's so many facets, you know-, you've brought up a number of questions yourself-. One thing, you're presupposing that all landlords are rented out at one hundred percent. Today, on any rent control ordinance that I've ever seen proposed or enacted, there is some percentage. Ususally the CPI Consumer Price Index, or some kind of index is used. So that means that the fellow whose apartments are now... and there are a lot o:' them, could get three hundred dollars a day and are renting for two -twenty-five, somebody else with a comparable apartment at three hundred, with rent control, they are both increased by the same percentage. This isn't fair. There is really no fair rent control ordinance that I can think of. Not only' unfair, it's very detrimental to a city and this has been proven by Past history. As far as more units are concerned, you know, this coiintl:y has always gone by -supply and demand. Right now, the demand is high and the supply is low. And we'll all agree to that. So a si.mple solution would be to create a bigger supply. Now how can this be done? Incidently, if we.rreate a bigger supply, even if it's not in the lower ::lass units that you are speaking about, lower priced units, people move right on up the ladder and that leaves more vacancies in the lower priced units. So we will level off the same as prices always have in this country. There was a County Commission, you'll forgive me for using the ward Dade County Commission, that had a � WIIUI 1LCe recencly of builders, bankers, realtors, attorneys, some others, investors, developers and they come up with a number of proposed solutions to this. But simply, it was iW ist. SEP 251980 6 0 Mr. Simon (continued) : ta;{ in-..,entiv(1S . Pu-o-plc- are to 1)12-ild apartment buildings if they make I i.h.ink, you pointed, or Mr. Carollo, one of you did theft. And of course, is -Che only reason they're qo.ing to bulld apart:nent foe: rent, if they can make money, you c;ln,t bi,jil,J apartnkttlt buildings toddy and make any money even in the higher runt brack.---s because rents, as high as they are have not kept pace with the cost of c0nsL:ruction and the cost of land. So what we have to do is have iact-n-,tives for people to build. And it could come in many by the way, I'll be happy to furnish the Commission With zA copy oi, , Lhinl.% there were eight proposals thclt were made to t,-,e County, for tax incentivas. some of them to,,erc, p(--deral, soxw, of them were local. And there were, s-ab.,,.Ldies involved, to, I yo,.i mentioned high interest rates, b1r. Carollo. Where wero T.OeC the - i0rAl ,�Ubsidles to mortgages to he abLainud on them. And t1l.is way, wo have to r(iv(e the incenti-.1L-s to people: to build rac'ru apartmo--nt buildilljs. Marien you flood tjjl! plat'jeet With apjrtlTicr)L-1, it-';3 obvicu,,3 Lc, yc.0 that cost, are going to go down. An"A 1, you ki,iow, th.i.s L-z a 1cnj .nvcolv(,d thing. We could go on a great of tur.cl, rnol-'Q 1;11".111 toilav, t.-1-) COT:lpleto th.l.s dibcussion. BLIt t110 iS, thzkt- I iibad. I think, there j-:� a ,jolutior, an(., '-r -" liver ::simplifying it, but it's oy q:v1n(4 to 'L0 DU-Ild wore buildit-4y.,t and it can bu dane. 14ayc.r rc'_re: Her),), illy last: cuustil-01) t:c you Mia"ili Board Of Realtors, yo-,;,re not ti-Ii". y(.trj.0 ArL VOU? Mi . Kowa I I,, a L t I All the )fF.icers are, througli to ClVC. Yt--, L, r gD f0j;j- YQjlr;, twenty-fivo millial, dollazs. You" vu,-cd acj,:ti.nsr ii-. Y'ou -:)pposed to it. The :r.casl':jj yoll to it ":1.1fl.l.ar reasOns. That you O.-Ldn't it t1W. . involvu.", i-11 the build?. i ' riCj Q-17 1ic -cuSeS, of Publhousing -,.hawdecrease:t would decrease: of the other pi:op,rt..'Les lc-ecziuse the taz payers would have to pay for services foi. rion-tax payors, otc, the free enterprise system, and ther(9foie, yc)ll wcit_ a(jair ist it. Fortunately, w(-- passed r-har- anyway, but you coiii:.iittod y-.*,lai.".,,rllves Live year, ijga to come back with an alte.cnatc plan. .1 sai(�,, %ye"j.). -,;oil donli-. want to d..-) Lil-ii, Wilcit'S your... :and he sa:Ld, ll't ;..;ystunm f%inction. said, fille you come IvAck With your a:t,� -j.ojjr five years, I haven't heard a 1.'rory Lh-,2 14-iami Board of WiT-.111 thtlir altornatc. Now lhei:u ,,,e cox,,'- agai;i on anotbi:4,r ijsue t111at is not the same but ,;imilar. vlhert-,'s you You always come back and say there alternato.s. Wherc., are the ;:tltornates. Whf---re is the MJ.,=j Bca.rd of R:-a-.1,tors civic, duty t,) t1io coaLmunity in recormionding viable alternates to creatf-, housing for the lower income, an-.i lower middle income of this comnianiLy? .1 would charge you to C':'Mi.: back with constructive ulterrlato:... not 'just wc-,rlAL.;. Come: back wits, a P'an. Where's your plar, as to hov tU the problems oi: the lower :conarr,.Lc and z,iddlc class ot.o nousing in this corziunity. mr. Simon: V1.1 accer.t. that, 141ttYc):r- I have two past presidents sitting here, Rose Gordon, Who you know wt!11, and Phil We hzWe a nizaber oZ other real.torsin tho at'dianco as well as our executive sf--cretary. I'll work wi.th our hoard to bring some alternative. plan to you as soon as we possibly can. mayor Ferru: And I want -co tell you somo-I:hintj just. . this is the: last t)lil*lg 1,rj going j:.L) put 011 tj*,e: records. I will ),.old c)-'*F for a while, Ro!;n, but. I went v.() t.ul) you, and E'l--k nw.: You ',-,now me well by now, you know that: I put it ri(illt oil toL) of the table. 1 will vote for rent control in the City Of Vliasiif you or. somtibL)dy in the private sector dous not comp -hack within it i-casoneble time with a reasoned out, doable practic,,il sodUtion of crcating -incentives, or what have you for tho c-rc.,ation of.' lower incoviv And I'm talking about in a very short time hecauso otbc.,rwi.se, then —this vote out of five i, I'll I -,� 11, J,ul .lower income area, if that can be done legally. I don't kncvi that it can. ist. C Mr. Simon: Lets suy that we'll try. be in touch with your office. I'.11 take the challenge and we'll Mr. Carollo: I would go one step further, Mr. Mayor. I would challenge, here today, the type of people that have been making and are making, and are going to make millions of dollars on Brickell Avenue with the high .luxury condominiums. I would challenge people like Ted Gould, people like Tibor liollo, Nick Morel.y and others that are making millions of dollars in the projects that they are building. If Miami is good enough for them to make their money here, to come to this Commission time and time again and ask for all kinds of variances, the s7ty's the limit, yes so they are going to spend millions of dollars in building these condominiums there but they are also going to gain millions of.dollars in profit. I would challenge these people to use some of that profit they are making and invest it in areas where it's needed in apartments, where the majority of Miamians really live and need that kind of help. The majority of r-liamians cannot afford half million dollar condominiums. The majority of. Miamians are not going to live on Brickell Avenue in that type of Lifestyle:. If these people have profited from the City of Miami in building here, and most of the time, the majorty of this Commission has been kind enough to them to give them so many variances that would help them acciuiro additional millions of dollars ill profit. And the reason I say millions .is because when you let builders build an additional forty, fifty, thirty units that are being sold for three, four, five hundred thousand dollars and above, they are going to make profits in the millions of dollars. I would challenge these people to come forth now and help us really do something for the real Miamiari:;, The people that can't afford those types of condominiums. Ptr. Philip Thor%,-s: bir. l-iayor., members of the Commission, my name is Philip Thomas, 7206 N.W. 72nd Avenue, Miami, representing the Real !.state Action Council. of Dade, This is the six boards of realtor.s, six thousand members, and we think we speak for most of the home owners, condominium owner.:, and property owners in Dade County. You're all right. A 1011- of the problems do not originate in the City of Miami. If anybody romember.s 1976, we had over one hundred thousand finished, vacant, unrented, unsold apartmentsin the State of Florida. Does anybody remember that? Developers were going broke left and right. Does anybody remember. that? Concrete companies went. broke. All kinds of people went broke. (LAUGHTER) Mayor Ferre: I remember. Mr, Thomas: You couldn't rent them, you couldn't give them away. You rented them for what you could get. Nobody complained about the rent. Mayor Ferre: There wasn't one low income rental unit available amongst those sixty thousand available units. So they would have rented out. Mr. Thomas: 'They rented at very low rates. Much below the market. I do not have the statistics with me, but the Consumer Price index shows that in the last thirteen years, rents have increased at a far lower rate than the overall rate of inflation across this country, and at a far lower rate than the cost of'home ownership. Now, in 1976, when this phenomenon of great vacancies and people going broke left and right was in process, the Federal government, in :its great wisdom passed -the Tax Reform Law of 1976 which took away from builders and developers the previously enticing tax incentives they had for building apartments of any kind. And those privileges and incentives have never been restored. Now you ask for incentives for,the building of rental apartments and we propose to give them to you. It's a lengthy topic, Commissioner Schreiber, as Herbert Lee Simon said, Commissioned group from the County to got- .into this. Th�'Federal authorities are being challenged to restore the incentives. -''There are many things that can be done and I r:xpcct will be done. Rut, I wish to say this and I will conclude. The City of Miami does not exist 'in a- vacuum. It is surrounded by other towns, it is surrounded by the Count,,. [in fortunately, if. Voll see fit, in your wisdom, to impose rent'control, I assure you there won't be one rental stick laid on top of another in this County, and you can talk to any lender, any source of financing. The State has coming up 5EP 2519on 0W ist 6 0 Ms:. Thomas (continued) : otl its con..,.tut:iunaI amer,dmients, at the November election, an item for a state funded houz.ing development authority which would improve the interest rates that might be available. There are things in the wind, there are things in the OE irlg, Your congressman and your senators are being asked to restore the dis-incentives that they took away from the people. But I assure you, if you pass rent control, Dade County is dead in the water for any more new rentals which is the only answer to the critical. shortage. Mayor Ferre: what rentals? !there is no recital constuctioll going oil? What rental? Name me one, one, not ten. Naine me ,one building that's being built. Mr, Thomas: Mayor, there are none at thi.s time. There will most certainly be some. But it we keep doing what we're talking about Going today which is hitting a drolming man on the head as he's coming up out of the water and driving him back d::lwti ill the: water, then I assure you there will never be any. Mayor Farr.o: Mr. Thomas, then let me chall.er,g4 you to give me one rental projr.:rt in the last: ten y..,ars whore? the alternate, which you are recommendi.ncr which is to do nothi.ncl, has worked. Name me one rental project of lower income that the free ent.r_rpri.se sy:;tam has put up anywhere within t:1:is community within thn pant ten years. Name the ,one. Mr. Thomas, Mr.. Mayor, I can't name any. Mayor Ferre: I Ri,,aia it.. Mr. Thomas: But. I i 'l say this to ynu, have been a great many middle income and upper middle income which Mr. Sim,in referred t.o, which is people: th,lt ,,-:rc on L•nC' Wal' up the .1addor: and young people W111. move up into creari.nc vacancies at the lower tend of the ladder. It's a trickle up eerie;,. Mayor Ferre: Sir, believe me, I'm not worried about the middle and upper i.ncome ill tt:is process. That's not who I'm worried. I don't want to impose rent. CGSitxOl for crndomilliilimS Or fcr upper income, rentals, for Tibor Holl.o's project, or anybody el.se:'s project. I'm concerned about the Little people in Little 11avaria that we're supposed to be. representing jilt as weal as the people in Culmer and in the Coconut Grove and other areas where people can't afford to pay the rates that are going on at this point' Mr. Thomas: Mr. Mayor, as Comld.ssioner Carollo said, you cannot produce one hundred and fifty dollar a month apartments anywhere in ::he State of Florida anymore. That is physically and economically an impossibility. Mayor Ferre: precisely. And how about the people that can only afford to spend two or three hundred dollars a month .for a one bedroom apartment. Mr. Thomas: There are programs available for these people••.• Mayor Ferre: Where? Mr. Thomas: The lent Subsidy Program is available to peollle on a Federal basis to enable them to move into apartments that they can afford. I'M not r..xactly an authority oil this but I know that there are rent subsidies .ivai.labie. There are such things available, for example, as rent stamps. But let me say that why should the owner of the property bear the tax. we would ncpt be opposed to rent control i.f you want to control the supermarkets, -the haircuts, the shoes, the transit, all of the other commodities, then dontrol rant: control. But otherwise, you're singling out one source di", persons and sayinzl to therm, you bear the entire burden of society. And :1 acSsuiir yuu, .1,. yuu lju:.a ww o utu..lidnvt.A ur allow it to go on the ballot,' there won't be one stick built in Dade County, Maybe they haven't been but there sure won't be. .bL V1J is SEP a 51�20 C Mayor Ferre: There haven't been. okay. Rose. Mrs. Rose Gordon: Mr. Mayor, my fellow Commissioners, it feels kind of funny being on this side of the fence, but I'm glad to be here today. I wanted to encourage you to proceed with the thoughts you expressed before which is to join hands with us and let us try to produce some ideas which will be productive in creating incentives for rental housing. I can give you just one, off the top of my head,idea which I think shows some merit and which bears investigating, and that would bc a combination of government and private enterprise utilizing air rights over public property which are presently not being used. This is just and example of the ?ands of incentives that could be utilized which would produce housing at a lesser cost. Give us some time and we promise you we will work, and we'll work real hard to come back to you with an effective program that you can support and bring about hotising and not kill the economy of this community. Section VIII, it's true, is desperately needed here to supplement the low income people who cannot afford the full rates that they have to pay. Even two fi.tty is a lot of money for a fixed income person. We'll help you. Please allow us to have that privilege. Mayor F'erre: Rose, what time, how long do you think it would take for yon, by you I mean the Miami Board of Realtors, to constitute a _cep, that would come back... Mrs. Gordon: we'll work very fast, Mayor. Dtayor Ferre; L3ut I mean, is this something that you'd do in the next twom:,nths or three months? Mrs. Gordon: NO, we'll wor}; much faster than that. Do you think we can do it ill thirty days? All the realtors, can we do it in sixty days? Sixty days, Mr. Mayor. (INAUDIBLE COMMENT) Mrs. Gordon: You can't? Why can't we come up with some ideas? Mr. Lacasa: Rose. Mrs. Gordon: Yes, sir. Mr. Lacasa: Precisely that point that you just made about the air rights, was the subject of a discussion which Jerry Gereaux representing:. the City had with some developers who have that kind of interest, and they are very substantial, and that was discussed. And I submit to you that that is an alternative along with other possibilities, such as using the powers of the City of Miami to change zoning regulations to grant certain variances in density. In other words, to make land cost per unit more physical. To propose to developers as the only viable alternative that I can see to the problem we are facing because even though I am very much aware of this situation, and actually, in this City Commission, I brought up the question about eight months ago, and it was upon motion that I made, that the City staff was instructed to study the situation and come up with alternatives to identify areas in the City of Miami where we could use our zoning and building authority to motivate private developers to come into -the picture. I even went as far.as,requesting from the City Attorney, a legal opinion as to whether or'not the City of Miami could waive taxes, real estate taxes, as a further motivation. And I have a legal opinion here from the City Attorney that that cannot be done. The problem, from my point of view is to look for positive alternatives. Alternatives that would invite further investment on rental units, that will not result in the conversion to condominiums of existing ones. 1--use I submit to you, that owners of rental apartments will entertain the idea of converting to condominiums if this sort of ordinance wore to be passed. And if you recall correctly, about six or seven months ago, I tried to put a,mgratorium on condo conversions preciseiy to impede those conversions and have the people thown out, literally out oil the street, and it was unconstitutional so we cannot go that route. lww i:;t S E P 251980 6 0 Mr. Lacasa (continued): We have to stick with what we have. And in .;merica, the free enterprise system has proven very effective. Actually, this country, the greatest on earth has been built on that principle. so I do share with you your thoughts that the way to go here is the positive way. what: we need is more housing, what we need is to increase the availability of rental units, and then the Brice will go down as a result of the free enterprise system. But to try to curtail the motivation of proposed developers in this area, and to invite those who already own and operate rental units to convert them into condominiums is a very, very dangerous step. Mrs. Gordon: Mr. Mayor, the committee, ad -hoc has said to me to convey to that by January 1st, we should have a package of innovative proposals, some of which may need to go to the legislature in the next legislative session. But we will to be able to complete our mission by then. Mayor Ferro: I would like to ask that you expand, not your initial discussion of your own board group, but after perhaps; the first thirty days, or the first forty-five clays, we nave some very very knowledgeable and qualified people: in this: community that make a fairly good living and are weal known. we have some of them right here in -is room, Mdrty Fine is here, Bob Trauri.g is here, there's a whole law firm full of people who deal acXeat ... who are .involved in this. Perhaps you might get the legal profession and per.rhaps some of the investors to give of some of their time to come up with some of these solutions. Rose, you were with us and voted for Brickell Key when we nave some things, and then as you recall, we got•, one hundred and fifty units out of t1nem. Romcimbcr? They said, sure, if you (Jive us ttiis we're: willing to put. up one hundred and fifty unii.s of low cost rentals. we've got to come up with some kind of a ciolut.ion because othez-Aso, I don't know what_ we can do. I don't think rent control, to these nice people that arc: herd thinking that that will solve their problem, the tragedy of it is that it won't solve their problem because if we were to pass a rent control law, immediately everybody would convert to condominiums, would figure out some way of subverting that. So that would not be a solution. However,,absent any other, absent any other solution, we may riot have any choice but to try something, like that in desperation. Mrs. Gordon: I'm sure we can find a sensible and doable alternatives, and we will work on it. Mayor Ferre: Russ, do you want to add anything to that? Mrs. Gordon: If you'll kindly iet us know, Mr. Mayor, who it i!� you wish us to meet with, give us a list of people and we will set up a meeting between them and our coiiunittee. Mayor Ferro: Rose, I think, that the burden is on you. you do that. And arty members of this Commission... Mr. Carollo: Rose, let me volunteer now to work with you all in trying to find some solutions. Mrs. Gordon; Will you work with... Mayor Ferru: Sure. Mr. hacas,a: I will also volunteer to work on this. ,Mr. Car.ollo: Lot me say this though. I think that this Commission, in order for some of the plans that: are going to be put into effect, for them to succeed, this Commission ?.s going to have to tighten their spending belt in the City of Miami.. -We talk about trying to resolve problems but on the other hand, when we tAlk about raising the propety tax in the City of Miami twenty percentapin; were talking about, raising the rents of these same people that we're'talking about here that can't afford it. Because when you raise the property tax to a landlord twenty-ercent, he isn't going .207 ist S c F i�BJ C , C. Mr. Carollo (continued): to pay it. He's going to turn around and raise it to that same person that's renting. Now sure, I understand, everybody does that we tremendous inflation. That services are going up for the City of Miami also. But we in government have to be responsible. And if there are areas, and there are many areas in the City of Miami that are not essential, that are not need anywhere near as much as police, fire, sanitation, then we have a responsibility to cut back in those areas. Do you think that besides the property tax when we're charging landlords, people that have duplexes or apartment buildings with eight or ten apartments, seventy five dollars in garbage: collection for each apartment, and on top of that, twenty percent in taxes that they're not going to raise that rent to another high extreme. They certainly are. So I think we have a lot of responsibility right now. We just can't throw all the burden to the private sector. We have to be responsible too. And one other thing that really shocks me and scares me, if we're saying that we can't provide an additional one hundred and fifty people for the Police Department unless we raise property taxes twenty percent above what the State requires, what are we going to do for the following budget when we're going to add another one hundred and fifty? Are we going to raise it another twenty percent? And where is this going to end? Ma%nor. Jerre: Speak into the microphone, Ernie. Mr. Ernie Fannato: I've heard some of the real estate here. I'm sure they're right. I've heard your Commissioner Joe Carollo say the high rate of interest is retarding people from building, and the business people are right who build. I heard some people say that. Mayor Ferre went broke because a victim of circumstances, of lack of building. Is that right? But what is the remedy? I was on record as making this statement before the County Coriunission. When the rates are high and people don't build, you have to create business incentives. And here is the answer to it. You can go before the legislature and you can get a bill enacted where you can give people who want to build, new people, fifty percent incentive in reduction in taxes. or if you have to go better than that, go better. And you will get more taxable property on the tax roll by giving them a fifty percent incentive than you will staving here and waiting for people to build when they're not building. And that's the problem. Now here is the problem here in Dade County and City of Miami. You know we've had refugees here that's come in here in droves, two or three hundred thousand maybe in the last few years. And I don't blame so oL these people. We're all people of God and they warted to migrate here. Unfortunately, it wasn't handled right because they should prorated on a pro -ratio basis in every state of this country instead of us taking care of eighty percent and the rest of the states taking care of oRe percent. But the remedy and the problem is this, and it's got to do something about it. You've got to go before the legislature and create an attactive incentive percent and get people on the move to build. It will create jobs, it will create rooms, it will create apartments. And you've got to do it. But if you don't, you're going to fall by the wayside because the taxpayers can't afford to pay these h4 gh taxes. They can't do it, and not only that, here is the key and I'm going to conclude Mayor. On account of the large influx of tourists, you have a lot of rooms where people are migrating four and five in a room: You have apartments, three and four in a room. The person whp works as a clerk in stores, or -low income cannot compete with three or four in room or three or four in an apartment. And you've got to do something about it, and there's only one remedy, and that is tax incentives. And the gentleman who was standing here a while ago who introduced that bill but they didn't go far enough. Now if you go and do that, fifty percent, remember you'll get ten times more building. You'll get about five times more taxable property, and you'll get ,a lower tax rate for. the people here in Dade County and you'll be on the move.. You can't do.anything unless you have more building, more jobs and more rooms, 'and more apartments. That's the only way you can get it. Mayor Ferre: All right, thank you very much. All right now, unless SEP 251980 ist 6 0 Mayor Ferre (continued): somebody elsr.. has to make a statement, I'll recognize you for a very brief closing statement. We've got to move along now. Mr. Pir.ez-Faba.r: Mayor, I have heard a number of people say all things, most of them are the product of lack of knowledge of what is involved here.. First of all you have, the Mayor addressed something which the Legislature addressed. already to. what kind of unit is the one that is covered under this ordinance? Because we must amide by State law which takes superiority over the city ordinance. And the stace law when they controlled the munci.palit.ies capability for rent control stated that luxury apartments were excluded. Also, new.apartments were excluded. But over and bce_vond that, they defined luxury a,)ar.c:ments as those apartments where within one building the average would be of more that; twa hundred and fifty dollars per month. Any building, any apartment within a building which averages two hundred and fifty dollars or more back in 1.977, that. .is a luxury apartment. Now, all the normal increases due to a landlord are rtc:ognized in the ordinance that we propose. We tell them, you are antitled to your profit and when somebody sets up his rent, he sets up his rant tal-Ang care of everything that's involved, and than the thing that you have is added cost of living. Well the added cost of l.i.vinrl is whit: we are basing upon. We're saying that it is unconscionable to go heyond tho cost (:,i living, Now, the State has also, and prior to us, addr.-essed but nuvc:r really solved the problem of un• onsc:iane;b.le rent. They would say that if- a judge find: a rental contract to be unconscionable, he can cut off part, he can cut off all but nobo:iy h.;n told the judge what .is unconscionable. W71at we're trying to :,av, Cit.y of Miami is going to tell a judge what is unconscionable, is also going to tell it to the price gougers. Now, I can tell you w?iy they do not build new rental units. They have: a built in deal. Ii, when you set up your rent you had your profit, lets say in 19'77, and from 1.977 to this date they have doubled or more that rent that; they had planned for 1977, they have built four buildings without having built any. And that's what we're trying to solve. The problem in the City of Miami is great. We hear a lot, everybody is going to soJ.vc the problem, They are going to come in with proposals. Gentlomer,, we have what couhd be equated to a situarion which nobody likes. %obody would like: to bury people in a ditch of a common grave. But when the alternative is pestilance and disease, you have no other choice. And this .is exactly what we are dealing with. Mayor Ferre: Counsellor, in the interest of time, let me just tell you on this public record, that unless we come up with a positive plan to help alleviate the problem of low cost rents within the city boundaries of the City of Miami,T. commit myself personally, to vote for, not the same, but a similar type of an ordinance which would put this on the ballot for the people of Miami to vote upon at,a future election. We can't do it between now and t}te next election which is bctobar. the 7th, we can't do it between now and the November election. There's just no way that we could do that in this period of time, but certainly, if the Board Of Realtors on January 1st'does not come forward with something realistic that we can all live with, then I will commit myself to put this on a series of public hearings and hopefully, ask that this Commission would Put it on the ballot for a future vote by the people of Miami -which is the legal way to do this. And I further will go and say, that -I commit myself to go out and campaign for it, and if necessary, if we need to got twenty thousand signatures to put it on the ballot, I'd be willing to go that far. And that's a commitment that I make publicly and we'll see... I think we have to ,face this issue with a certain amount of courage and with a certain amount of realization that we've got to do something. We just cannot continue to wait for the economy or for the free enterprise system to solve a problem that it has not solved in the past twenty years and will not solve in the next twenty years. Mr. Lacasa: Mr. Pirea, i believe that you have brought to our attention one of the most important issuas that we have now, not only in the City of Miami but in this whole area of Dade County. I've been working on this ist Mr. Lacasa (continued): all throughout 1960, looking for alternatives. I have sought the advice of some very knowledgeable people in this field, and we feel at least I speak for myself on this Commission, that this Commission is willing and ready to accept responsibility for the kind of problem that our residents are having in this particular area. We attempted to put a moratorium on the condo conversions and it was not constitutional so we couldn't do it, under the advice of the City Attorney. I have attempted to waive real estate taxes for those who are willing to come and build rental units, and here again, it happens that it cannot be done under State law, according to our City Attorney. We shall continue to look for immediate, as far as immediate can be in this situation, for alternatives to provide our citizens with adequate housing facilities. This meeting with the committee with the Board of Realtors and whoever else has something to add to it. I think it's something in the right direction. And I can assure you that I am more than willing to work with you to look for solutions to this problem. Mr. Pirez-Fabar: Well be glad to work with this Commission or anyone in the group in the search of solutions. But remember, first we must live and then we must philosophize. And we are talking about, right now, life and death of people in Dade County. We cannot postpone matters of life and death too long. Because we're going to enter into other problems which we hav experienced before. (APPLAUSE). Mr. Carollo: Let me ask you a question, counsellor. As I understand the State lay.;, and I blieve as you have explained it here, as you see it, we can only enact rent control on apartments that are two hundred and fifty dollars or .less. Am I correct? Mr. Pirez-Fabar: The State law stated, luxury apartments, which defined them as... lets give an example, if there are eight units in a building... Mayor Ferre: You've already done that, counsellor. You've explained it and you said that: it is the average of the apartments and it must be under two fifty and that's the definition... Mr. Pirez-Fabar: In 1977. Mayor Ferre: ...in 1977, plus there's an index. We understand that. So the answer is yes. Mr. Pirez-Fabar: But in 19... based on 1977, two hundred and fifty dollars in 1977. Mr. Carollo: So you're talking in 1977. Mr. Pirez-Fabar: Yes. Mayor Ferre: It's indexed with an index so it goes up... it might be three hundred and twenty by now. All right, is there further discussion or statements? Mr. Fosmoen? Mr. Fosmoen: Just one comment. One piece of information for the Commission. Commissioner Carollo raised an issue about existing housing conditions and people are living in sub -standard housing. There is legislation on the books in Dade County which will permit tenants to escrow their rent and 'working through the State's Attorney office, to insure that those sub -standard housing conditions are met, are brought up to code. So if... Mr. Carollo: Dick, let me tell you something. We have an over abundance of that in the'Cit.X of Miami. Mr. Fosmoen: I understand.that. hr�. iUavalu: ...anu it is going on without anything being done about it. lio . ,, SEP 2 51980 ist 6 0 Mr. Fosmoen: The additional point that I want to make to the Commission is that housing code enforcement is a Dade County responsibility. We don't have ... we have very little to do with it except to refer those cases to Dade County. We would certainly help tenants find their way through that legislation, to escrow their rent, and make those landlords bring those properties up to code. Mr. Carollo: I think that this one area, that we're going to have to Put some money aside and a lot of effort in accomplishing that. Because YOU go down to Little Havana, areas of Liberty City, areas that you still have,Anglo's living in our cities, and in every block you go by, you can find that at 'least half the home: there, half the rental places in those type of conditions. Mayor Ferre: All right, any further statements at this time? If not, thank you very much, counsellor for sharing your thoughts with us. I'm sure we will be talking again in the near. future. All right, thank you. 44. PERSONAL JOS t1EMDE - ECON011IC DEVELOPLM-MT FUNDS IN V?Y"F.100D TF1GDT AREA Mayor Ferre: I'm .doing to take lose Mendez out of order because he's been here since early this morning on this Wynwood community. if you Will make a br:.c?f'. ,tatevient into the record, Mr. Mendez. Mr. Jose Mendez: My name is Jose Mendez and I reside at 280 N.W. 34th Street in the area of Wynwood. Mayor Fel:re: Go ahead, Jose. tor. Mendez: I hope that my brief presentation which only will take a couple of minutes, that nobody will feel that. I'm trying to antagonize anybody. My main purpose for bringing is, bringing this thing at this time is simply because at the and of thu month, we either keep the local that we have or give it back to Dade County. Now let me explain to You what I'm talking about. These: was a previous program managed by the ones that. are applying for the garment center proposal. That Program was not refunded. The staff of that program is being terminated a'� the end of this mcirlth. The. locale of the program will also be teiininated at the end of this month. A proposal has been submitted by the City of Miami to the CrTA program. My understanding is that the staff of the City of Miami are looking at this proposal with good eyes. The conununity is also looking at this proposal with good eyes. IN essence, what we are saying in this proposal is that we will take, like forty percent from the Overtown area and sixty percent from the Wynwood area and train them to be employable in the garment industry. I don't know how many of you remember when I first came down here and started talking to you about the problems of the garment industry and'about the displacement of people, taking them from here and putting them someplace else. And two years ago, I said to you I hope that you all consider for the first crack individuals within that area. And finally, the Department of Community Development are doing precisely that. But there is a vacuum right now. Thdre is a vacuum that unless we make a kind of fast decision, we are not going to have a place where to run the program and we are not., we might not even have the individuals that have worked in they grogram that we might want to employe to continue this program. And all I'm'asking.you is to approve some kind of interim management program. There a' re'indiv.iduals here that I hope that you can consider to speak before you for the enlightenment of what I'm talking Kid I'm talking .of onto of your own, Mr. Robert Parkins. If, if at the end of this month,we'do 'not'have anything approved by you, that would only mean that there will not be any training program at all in a l ist ;•;r. Mendez (continued): Wynwood. Mayor Ferre: Do you want to address yourself to that issue, briefly. Mr. Rob Parkins: Mr. Mayor, members of the Commission, Mr. Mendez is referring to a garment industry proposal that has been submitted to the South Florida Employment Training Consortium and it requires a series of special circumstances that have to be addressed by field memorandum, unlike ary other CETA proposal before it can be approved. 'Those particular circumstances have been addressed in the .proposal, the local office tells me that it's ready to be approved hire locally and then it leas to go to a regional clearing, and a national clearing simply because it's the first time that the Department of Labor will have funded a garment industry or sewing machine operator program. There was a specific prohibition against that in the former regulations. Now the proposal is prepared to go but about a couple of hours next week of final technical polish, up to the regional office and the national. office. What Mr. Mendez is referring to is that in the interim p6.,riod of time between now and the time that we get a national approval, there is staff and a location currently existing that will be off the payroll. Is that essentially the point? .,ndoz: Correct. Mayor Ferre: This is the same problem like Moses Florence's problem. This is a similar type of a problem. Mr. Fosmoen: That's correct. Mr. Mendez: Now gn ntl.emen, if you notice in my letter to you, if you look in the bottom part of the paragraph before last, I'm saying to you if after ninety days all effort has been asserted to seek final approval and it is denied, we will abandon, the proji-c.t•.. So in actuality, we are not asking you to approve a whole package. What we are saying is wcrk with us and lets see what we can do together. That's all I'm asking you. Mr. Fosmoen: I don't think the building is the issue, Mr. Mayor. I think it's the staff. There's about a three month hiatus that's going to occur.. Starting October 1, the program isn't going to be funded until the first of January. There are one or two people on staff that are simply going to be without.work who have previously been involved in the program. Mayor Ferre: Again, the question, I revert to the same question. If we have some kind of an assurance from the funding source that they in deed will be funding January 1st, and if we can, you know, put money into it and get reimbursed, then my position with this is the same as it was with Moses Florence. Then I'm for that. If there is no funding January 1st, and we have no assurance, and there is no way of getting reimbursed, then there's not a thing we can do about it. Mr. Fosmoen: I think we can probably get two out of three. I don't think that we will be able to get reimbursed for our costs between now and January... (INAUDIBLE COMMENT) Mayor Ferre: We don't have an answer for you today, Mendez. You're going to have to come back here, if you want. Can you have an answer for him by tomorrow night? Mr. Fosmoen: I think we can. Mayor Ferre: The Commission'•will be meeting tomorrow. You come back, if' you would. Okay? ' Mr. Mendez: Mr. Mayor, with all fairness, I request that we be included as isl 112 so SEP 251980 A Mr. Mendez (continued): an agenda item at your next meeting,• Mayor Ferre: Fine. Mr. Mendez: And at that time, there is much more that can be said about this program, that has not been said now. . Mayor-'Ferre, All right. That request is approved. All right. Mr. Fosmoen. Mr. Fosmoen: Yes. Mr. Mendez: Thank you. 45. PERSONAL APPEAI'JkNCE: Gi2EGG GILLINGEA,"d - ALL HALLOWS EVE Mayor Ferre: Lets see if we can go through those items that people are here on. is Mr. Gillingham still here? Mr. Fosmoen: Yes, he is. Mayor Ferre: Mr. Gillingham is requesting permission to serve alcoholic beverage at Peacock Park on October 31st. I understand... (INAUDIBLE COMMENT) Mayor Ferre: I understand ... would you get some order around here, please. Mr. Gillingham, is this the same subject that we discussed previously? Mr. Greg Gillingham: Yes. Mayor Ferre: You've been turned down already, I don't know how many times on your regdest to serve alcoholic on October 31st. Mr. Plummer: Well but Mr. Mayor, in all fairness to Mr. Gillingham, this is a change. And I'm not saying I'm for or against, that this is a change of not hard liquor but now for just beer. It's a reduction in the request that was turned down. Mayor Ferre: Do it quickly. Mr. Fosmoen: Mr. Mayor, you may wish to know also that the Police Department, parks Department and Leisure Services would like to .speak to this issue when Mr. Gillingham is finished. Mayor Ferre: Well look, just in the interest of time, and I don't mean to be mean to Mr. Gillingham, is the administration recommending this? Mr. Fosmoen: No, sir. Mayor Ferre: Does anybody in the administration, the Parks Department, Police Department or any other -department recommend? Mr. Fosmoen: No, sir. As a matter of fact, there are a whole series of problems. We wish to get into them with the event itself. Mayor Ferre: Just to make things simple for you. I am against it period. I just will vote no for th$•sale of beer on Halloween night i„ ony �.: i44 ..;lcuul.. and - I don't care what kind of pictures and recommendations you come up with. If you want to talk, I'll recognize You. Unless the rest of the -Commission feels the same way. 13 S E ° .5 1980 ist L — -- - — V, t Mr. Plummer: Well Mr. Mayor, for the interest of time, may I suggest that Mr. Gillingham put all of his request in writing, within the next two or three days, give them to the administration, and then the administration can analyze and recommend to this Commission, in writing, we can read it and then we can proceed to do anything we want. Mr. Gillingham at this point fully understands, or better understand that the answer is no. What he is, in fact, is in the posture of an appeal to this Commission to change the present posture. So don't anybody, including him, go away thinking at this point it's a go because it's not. But if he wants to appeal the d-�cisi.on, then let him ,3urrender it in writing to the administr.at:.on, and then the administration can come back here and give us an answer on the third of October or the ninth. I think that's fair and then we're not taking up anybody's time. Mayor Ferre: It's all right with me. Mr. Fosmoen: Mr. Mayor, may I also say, on the record that there are a whole series of issues in addition to beer, wine or liquor involved in the Halloweer.party that need to be answered. Mr. Plummer: Is lie aware? Mr. FOSmoen: I'm not telling ,you that the administration is opposed entirely to the Halloween party but Mr. Gillingham needs to recognize that unless all of the issues are settled to the satisfaction of the Police Department, Parks Department, and Leisure Services, he's not going to have the recorrumendation of this administration. Mayor Ferre: Fnd I'm going to tell you this Mayor is going to vote no against any Halloween party that's going to create the kind of havoc that I know is going to come. There's going to be all kinds of drug use, alcohol use and open all kinds of things. And unless I've got a clear assurance from the Police Department and the Recreation they're going to approvo it, you don't have my vote, period. It's on the record. LrNIDENTIrIED SPEAFER: Mayor, may we have two minutes? On July 24th, this Commission voted five zero ... Mr. Ongie: Your name for the record. Mr. Jim Corvier: My name is Jim Corvier, Vice -President of the Coconut Grove Association. on July 24, this Commission voted five zero in favor of the concept pf a Halloween party in Coconut Grove. We were asked to comply with the Police Department's requirements. We have, or are in process of one hundred percent complying with what they have required. What it has become in going through the steps of working through the channels and obtaining permits is a complicated problem. But a wise man said not too long ago that complicated problems often have simple solutions.' And what we need is a little simple cooperation. The Parks Department has•hit us with a major blockade and they are not innumerable, there are seven exactly. Seven issues that they take contention with for which we have answers for now. In terms of having this party, which as you know is a cross -ethnic, cross-cultural community event. And we're not representing Greg Gillingham, we're representing a significant number of Coconut Grove, City of Miami residents: This is not a Gillingham party. Make that clear. Secondly, it is not for profit, we are not promotors. Make that clear. Thirdly, it's not a vital social issue so don't worry about it if you don't understand it. But it's the ninth inning for us, we need to clear it up. There are some things that the Parks Department disagrees with. We have copies of that correspondence dated September 18 with us. If you don't have them or if you're not familiar with them, we would prefer to talk about them now. To.tie us up in the bureaucracy of going through it again`wh:ch we've been doing since July is only to :a"y LU 46, ll, L"LLfdl.(., LJOMIel(W11 spin your wheels but we're not going to have the party here. So we need'to know now, you know, absolute, I14 SiEP 251980 ist 4 4, Mr. Corvier (continued): ipso facto,whether we can or whether we can't. Mr. Plummer: Well, it's simple sir. At this point, the answer is no. Now, what we're saying to you, it is no. if you want to appear that decision, we're giving you that opportunity. But as of right now, you're on a negative. I, you know, I never saw this Commission turn over such broad latitude to the Police Department, or one individual as we did in this particular case trying to be helpful. Mr. Corvier' The Police Department is not disagreeing with us. Mr. Plummer: Well, I hate to tell you that the Police Department does have some problems. Okay? And I'm saying to you the answer is no at this point, and we're giving you the right to appeal. Mr. Corvier: Is that a Commission answer in total? Mr. Plummer: I'm speaking for one. I never try to speak for anybody else. Mr. Corvier: Well I asked the Mayor to respond and you answered so I wansn't sure. Anyway, you guys are not going to cancell Halloween are you? Can the holiday that's twelve hundred years old still go on despite your... Mr. Plummer: My mother-in-law would not let me cancell Holloween for all the... Mayor Ferre: Does Plummer look like the kind of a man that would want to cancell Halloween? Honestly. Look at him. (LAUGHTER) Mr. Corvier: Often we attune our ears to what we want to hear and not necessarily what we need to know. So ... the answer is no. We understand completely. Believe me, gentleman, there will be no party in Peacock Park in Coconut Grove. Okay? We tried to control this thing, We do have eight thousand people expecting to come somewhere. I was going to say check with us later if you want to come. You were there last year. Mayor Ferre: Okay, anything else? 46. DISCUSSION ITCiM: MUL::IPLL PU tPOSJ, TAXING DI,0mZICTS Mr. Plummer: Mr. Mayor, may I please, out of order, and I want to bring this up very quickly. I want to establish the record because there was a certain tv program last night, and I want the record established. As you will recall... Mayor Ferre; Turn on Mr. Plummer: No, no. the lights Channel 4. Mayor Torre: All you have to do is'mention...there's a magic name You've got to mention and the lights go on right away. It's called Mitchell Wolfson. See, the lights are on. Mr. Plummer: Mr. Mayor; Mr. Posmoen was with me when we received a call last evening in reference to the multiple taxing special district which is proposed by your, s.ir,*some fourteen months ago, and of course, had to be approved by thb,,County. As you will recall, you brought it up again this year in budget asking where was it, and why JL iL5 ist �, r 1juU Mr. Plummer (continued): wasn't it before us for final approval. It was my understanding at the time from the administration that it was buried in the County Attorneys Office. It had been there for at least six months and that no action. At such time, you instructed the City administration to get an answer one way or the other, and if it wasn't favorable, at least we then could sue. That I think is a fair estimate to that point. This station today, Mr. Mayor, checked with the County Attorney's Office and were told by them that at no time during the past fourteen months had anyone from this City approached their office about that ordinance. I spoke with Mr. Fosmoen who says that that is not true and I want to establish the record as to what is the truth and where we are today. Mayor Ferre: Wait, wait, because I think it's important. This has been a burning issue at the Downtown Development Authority with the merchants. I think that Roy Kenzie has been involved, I think that Dick Fosmoen has been involved, and I think the Law Department has been involved. So go ahead, one at a time.. Mr. Roy Kenzie: For the record, Roy Kenzie, Executive Director, Downtown Development Authority... Mr. Plummer: Roy, I'm sorry. I made a statement based on comments of Mr. Fosmoen. I would appreciate him going first because it's his statements of credibility at this point, and now mine. And I want him to backup, you know, what he said to us. Mr. Fosmoen: I111 make sure yours -is covered, Commissioner. Approximately one year ago, there was a meeting in the Manager's Office that involved representatives from the City Attorney's Office, from the County Attorney's Office, from John Dyer's Office. I believe Roy had staff there, I was in attendance, the County Manager had representatives there and we talked about the method for establishing a special taxing district for two purposes. One, to provide operating expenses for a DPM system downtown, and secondly, to provide a half a mill for police service in the downtown area. It was referred to the County Attorney's Office and the City Attorney's Office communicated on a number of occasions, probably mostly -by telephone. The primary mover, if you will, at the County level was John Dyer and his staff because he is most interested in being able to get operating funds for the DPM. I had a conversation, and the reason I was late getting back down here at two o'clock, I was on the telephone with Mr. Greenberg from the County Attorney's staff. Approximately two months ago, they indicated to John Dyer's Office that it was their opinion that it is possible, number one, it is possible to establish a special taxing district downtown for the purposes of providing operating expenses for a DPM, and for providing special police service. They have also concluded that in all liklihood, it will take a vote, not just a public hearing. There are two steps in the process for the County Commission to establish that district. One is a public hearing where all property owners are notified. The second step is a vote of residents in the area. They informed John Dyer's office approximately two months ago that it was their opinion at that time that a vote would be required. John Dyer has during the intervening two months attempted to meet with them and to bring them to a position because there is a gray area. Itys not crystal clear in their minds. Bring them to a position where they could conclude that the district could be established based on a public hearing where it is obvious that the property owners have more impact than the residents in the area. Downtown for example, there are very few residents. Most of the.property owners are absentee owners. Mayor Ferre: You're getting into all kinds of explanations. Really, I think at this stage of the game.the interest is not on the whole package of legals of this brut very simply, was the County Attorney's office contacted? Were they equesteO Who requested it? When was it requested? And why hasY:'t there* b6en an answer forthcoming in the fourteen months that this thing has been under discussion by both you and the DDA. U6 . SEP 251980 ist Mr. Fosmoen: There have been a variety of answers. Apparently, the County Attorney's Office has finally concluded, several months ago, that it can be accomplished but it takes a vote. Now, you have to... Mayor Ferre: But if they concluded that several months ago, why haven't we moved on it? Mr. Fosmoen: Because working with Dr. Dyer's office, we have been attempting to bring them to a position where it can be established on a public hearing. The reason for that, Mr. Mayor, is that obviously a large majority of the property downtown which would bear the burden of the cost is owned by absentee property owners who would not have an opportunity to vote in an election. The other point that I would make to you is that we have been told by the Elections Office that between now and November, in fact, starting back in early July, there is absolutely no way that they can hold that vote until after the Presidential election. Mayor Ferre: Fine. Then how about December, January, February, March, I mean you know... Mr. Lacasa: Mr. Mayor, Mr. Mayor, let me at this point contribute this. Yesterday, I spent about an hour with the County Attorney discussing this particular issue and he has another alternative. The explanation goes like this: if we are going to create a taxing district, a special taxing- district in downtown Miami or any place else, and we are going to tax on ad valorem basis, then we have to go to this special election or to include it in any kind of an election that we might have going. However, if instead of going for the ad valorem tax we go for the front fee tax, or a square foot tax, then we don't have to go that way and the County has the authority, under. the Home Rule to establish such a district. So he has the two alternatives worked out and he is ready to present them both to us and to the County. So... Mr. Plummer: When? Mr. Lacasa: As soon as we want. Mayor. Ferre: Well you know, couldn't this havebeen done six months ago? Mr. Plummer: Fourteen. Fourteen months ago, Mr. Mayor, you brought this up. You know, if they keep procrastinating like this, there's not going to be anybody done there left to vote. Mr. Fosmoen: We didn't have an opinion fourteen months ago. The opinion was... Mx. Plummer: This thing started fourteen months ago. Mayor Ferre: Look Mr. Fosmoen, I'm not interested in blaming anybody. It doesn't matter whose to blame. The fact is that we've lost an opportunity now for fourteen months. Would'you please put it on the agenda? Would you invite the County Attorney, would the City Attorney please come prepared on the agenda of October the 9th? Will the DDA come with.recommendations? Lets get moving on this. Okay? Anything else? Mr. Plummer: No, I just want t!he record clear. 17 ist 47. GROUT REQUEST FOR BRIEF CLOSIMG OF FLAGLER ST.rtrE2AND SUPPLY POLICE11Etl FO'_2 SCREENING OF NEV FILM DEPICTING 1r-11E HISTORY OF THE CI'IY OF 14IAMI Mayor Ferre: Next item is Lamar Noriega, communications chairman of the ;turinr League of Miami. Good afternoon, Mr. Noriega and our apology for the twenty minute delay. Mrs. Lamar Noriega: My name is Lamar Noriega and I represent the Junior League of Miami, and my address is 1001 Hardy Road, Coral Gables. And I'm here today to give you some good news, and I' 11 be short. We hay.. ;Wade a film for the City of Miami and it's a film of this history of niami. And this film is going to be available to the City's Historical Association every Sunday, starting this Sunday September 27. And it will also be available for use in our public schools. And this Friday night, tomorrow night we're having the premier of this film downtown in Cultural Center. We have approximately two thousand people who , accepted our invitations to come and see it. We're having a dinner before hand for two hundred community people at Southeast Bank. We're going to have a trolley and three or four antique cars and several limosines to carry some very important people from the dinner to the theater. We've had many people that have called and been concerned about their safety in going downtown. So our orgnization would like to ask you if you would waive the fee for us to blockade the streets, and in addition to this, I didn't realize that the policemen didn't come with that. We would also like to have adequate policemen to cover our crowd. Mayor Ferre: I thought this had all been taken care of. You and I discussed this several months ago, you wrote a letter and I thought this was all done. Mr. Fosmoen: Mr.. Mayor, it is the recommendation of the Police Department that the street not be closed off. They are recommending that a sufficient number of off -duty police officers be available to control traffic and crowds, but rather than cause major inconvenience for the community, they will handle the crowd but not close the street. Mr. Plummer: What time of night is this? Mayor Ferre: Seven to nine, right? Mrs. Noriega: Yes. We asked the streets be roped off just from 7:30 to 9:00 to get our people into the theater when we have this motorcade of cars. Mayor Ferre: Well, we do it for the Orange Howl. I see no reason why... Roy, do you have any problems with that? I see no reason why we can't close the streets off say for an hour, From 7:30 to 8:30. Mr. Fosmoen: You have to reroute buses and cabs, you know. But we can do that. There is the other... Mayor Ferre: In the first place, the traffic on a Friday night in downtown Miami, with all due respects to us, from 7:30 to 8:30 or to 9:00 is really not a heck, of a lot. I mean, other than Plummer and four or five other people patrolling the streets, I don't know of F,riyhody who walks around downtown;... 1.1. Plummer: What about the $urger King truck? Father Gibson: Not only that, Mr. Mayor, we can't always have comfort. I think somebody ought to be put to some discomfort some time. I think kti$,..„ SEP 251980 ist • Father Gibson (continued): you ought to block the street off for that period of time. if you can block it off for the Orange Bowl, and I love the Orange Bowl, they do a great job. If you want to show what Miami was and where it is today, I think we ought to also be... Mayor Ferre: Father Gibson moves. Father Gibson: I make the motion. Mayor Ferre: Is 'there a second? Mr. Lacasa: Second. Mayor Ferre: it's been seconded. Further discussion... that the street be closed. Can you make it just one hour? Mrs. Noriega: Yes, that's fine. Mayor Ferre: You can live with that, can't you? One hour? Okay. Father Gibson: Lets get an article inthe palter, you know, you all can get that and say, look you want to cross that street? You have to go over between seven and eight. You know. Mayor Ferre: For one hour for whatever time you choose between seven and nine. Okay? Mrs. Noriega: All right. Mayor Ferre: All right, its been moved and seconded. Further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-705 A MOTION GRANTING THE REQUEST BY THE "JUNIOR LEAGUE OF MIAMI" TO CLOSE FLAGLER STREET FROM 7:30 P.M. TO 9:00 O'CLOCK P.M. ON SEPTEMBER 26, 1980 FOR THE PURPOSE OF A PREVIEW SCREENING OF A NEW FILM DEPICTING THE HISTORY OF THE CITY OF MIAMI Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mr. Plummer: On the.half'of the question being answered, I vote yes. FOLLOWING ROLL CALL: Mayor Ferre: Now the other half. Mr. Fosmoen: The other half is that there is a request before you to provide off -duty police officrrs: Mayor Ferre: How much is that going to cost? k9 4rP u51980 ist C Mr. Plummer: Fifteen an hour per man. Mayor Ferre: For how many? Mayor Ferre: For how many? Mr. Fosmoen: You'll probably need three or four officers down there. Mr. Plummer: How many are you talking about? Mrs. Noriega: I talked to Lieutenant Altman and he says I'll probably need about three in the streets to blockade it. Father Gibson: How many? Mrs. Noriega: Three. Mr. Lacasa: That's forty-five dollar per hour. Mr. Fosmoen: You do have a policy on providing off duty police officers. Mayor Ferre: Father Gibson moves that three police officers be provided, for two hours? Will that... Mr. Fosmoen: I'm sure they're going to need to set up and take down, control crowds. Two hours, if the street is closed for an hour. Mayor Ferre: Two hours. Okay. Further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-706 A MOTION GRANTING TO THE JUNIOR LEAGUE OF MIAMI THE SERVICES OF THREE (3) OFF -DUTY POLICE OFFICERS DURING THE TIME IT WILL TAKE FOR THEM TO PREVIEW A NEW FILM DEPICTING THE HISTORY OF THE CITY OF MIAMI Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ASSENT: FOLLOWING ROLL CALL: Commissioner Joe Carollo Mayor Ferre: Anything else? I don't know where we're going to get... Mr. Plummer: I think it's horrible that you scheduled this on the night of our budget. Mrs. Noriega: You scheduled the budget on the night of our premier. Mayor Ferre; That's right. It isn't their fault. They checked with me two months ago and I said that that sounds like a real good date and I didn't know that the law ... and it's Arvah's friend Bob Graham whose really to blame because-he•pAssed something called the TRIM Bill, and tho TRIM bill says, by law, wA ��ve to have this meeting fifteen days after. And fifteen days after tomorrow.* Okay? I don't know when we're going to got to that picttrs e Arvah, I hope we'll be able to get out of here soon now. ist '1QO 4 SEP 251980 APSONAL :APPEARANCE,: MARTIN FI£T, .1%TTOT111rY R£PPESEI1TI"'G 'U,YES COr^PtlTY RE:GARDI-qG "BRIDGE" ABOVE N.r. 2 COURT FOR "B!" BUILDING Mayor Ferro: The next item before us is Martin Fine on behalf of the Keyes Company. 14r. Fine. Mr. Martin Fine: Mr. Mayor and members of the Commission, it's been a long day and I'm going to try and be very brief without being presumtuous. This ...The Keyes Company has purchased the property on the corner of lath Street and Biscayne Boulevard. If I may, Mr. Clerk, I'd like to ask you to pass these pictures around. Mr. Fred Smith is here, he's President of the Keyes Company, Ted Papas is Chairman of the Board, and he was here but he had to leave. As you know, they're the largest real estate firm in the South and one of the oldest companies in this community. There are two separate pieces of property which have been purchased by the Keyes Company. And N.E. 2nd Court comes in right here and is a dedicated street. Mayor Ferre: Where is it? Biscayne and what? Mr. Fine: 1_tth SL•rr_ez and Biscayne Boulevard, right across the street from Sears Robuck. I'm passing these pictures of these big ugly billboards over there now, and I would think that the City would sort of grant a medal to this company for building a building rather than having that ugly corner there. They have }Mired the... Mayor Ferre: Isn't that where Wometco has that big ad? There's a big... Mr. Fine: I wouldn't say that about —there are people who have ads there and billboards that have been there for many years. The fact of the matter is, the Keyes Company proposes to build this very handsome structure of about one hundred and twenty-five thousand square feet and the request: today is simply for permission to bridge the street where we will point out, so that there can be a cross -walk between the proposed garage and the building itself. We've heard from the Planning Department and they seemed to generally to be in favor of it, as I understand it, but they would like us to close the street. We'd like to clost the street too, but we think there are some legal problems with adjacent property owners, potentially. And we have no problems if the City wants to close the street and can get by with it, but at this point, we're asking.for permission to bridge that N.E. 2nd Court. Mr. Lacasa: What is the reason that the Planning wants the street closed rather than to have the bridge over? Which will still allow the flow of traffic in there. Mr. Plummer: What's the problem. Mr. Fosmoen: I'm not sure that there's a problem. Maybe Mr. Fine can... Mr. Plummer: What's the lowest level of the bottom floor? Mr. Fine: Sixteen feet, which was checked with your Public Works Department and it meets all their requirements. Mr. Plummer: I could careless about Public Works as I am the Fire Department with those tall... Mr. Fine: We've checked with all the appropriate departments, to the best of my knowledge. 121 SEP 2 51980 ist I f Mr. Plummer: (INAUDIBLE COMMENT, SPOKEN AWAY FROM THE PUBLIC RECORD) f1r. Fine: (INAUDIBLE COMMENT, SPOKEN AWAY FROM THE PUBLIC RECORD) Mr. Lacasa: You'd rather have it closed than the bridge? Mr. Fine: No, we're perfectly happy to ask for permission to bridge the street as we've asked for today and if during the course of dicussion, the City agreed to figure out a way to close the street, then close the street. Mr. Plummer: Whzt's your problem? Mr. Fine: I don't have a problem. But technically, I have to come before the City for permission to bridge the street. Mr. Fosmoen: We don't have a particular problem at this moment. I think if we could get a positive expression from the City Commission that they don't have a problem, we can at least refer to the various departments, get some check -offs Mr. Plummer: I move the item subject to approval of all departments of the City... Mr.. Lacasa: I second it. Mayor. Ferre: The motion is that is, this is a motion, as I understand it, which states as a matter of record, that this Commission agrees with the premise of allowing these people to use the air rights over the street, provided, however, that it meets all of the legal requirements and necessities of all the governmental agencies, such as the Fire Department, Police Department., ect. and that it does not cause any damage or harm to the property owners that are adjacent. Mr. Fine: Pardon me, if I may. This business about all departments of the City, I hope we don't have to go to the Parks Department and many other... Mayor Ferre: The Parks Department has no involvement in this... Mr. Fine: Mr. Mayor, I respectfully request that you not put anything in there about adjacent property owners. I think we're inviting difficulty. What we're asking is that'it be kept open the way it is and that they have whatever rights they have now. Mayor Ferre: But I'll tell you, if I were a property owner next, and you just, the Commission just arbitrarily did this without even consulting me I would be so upset, that you didn't even have the courtesy to call me and tell me, look, we're going to let these people, your neighbors, use the air rights over the street and the property next to you and not even tell you about it. Come on. I mean fair is fair. I'm with you, I'm for you and I vote with it. But I think you have to put conditions on there that, you know, where people, their rights are not infringed upon. Mr. Plummer: But that's again the question, the very question. By doing this without closing the street, how could their rights be infringed? That's the point. And if you show me a way that their rights could be infringed, I'll go along. Mayor Ferre: J. L., suppose I own the property next door and I want to put the identical building there? .Now, are we... Mr. Plummer: Come here and we say yes. Mayor Ferre: Are we going.to.allow them to do that? U2 ist 0 0 Mr. Plummer: Why not? It's not closing of the street. Hey look, Marty, I'm not going to stand here and argue with the Mayor about the thing. Go show it to your neighbor, you know, and I'm sure your neighbor is going to let us know if they have any big serious problem. Mr. Fine: We have a zoning hearing on October 6th. It will come before the Zoning Board, then they'll have the ample opportunity at that time to express their concern. Mayor Ferre: Marty look, the City...I want to help you, I really sincerely want to help you. This City of Miami. Commission, Father Gibson has been very consistent, all of us have been time and time again everytime we close an alley, okay? He's the one that asked the question. What are you going to do for us. Mr. Fine: That's very easy to answer. You're going to get a one hundred and twenty-eight thousand square foot building costing approximately ten million dollars and derive a great deal of tax revenue and beauty from it instead of that jazz that's there now. Mr. Plummer: That's fine... b;ayur Ferre: That's what Dr.. Robinson said too... tdr. P1ununer: That's fine, Marty. Now what are you going to do for the landscaping fund of Biscayne Boulevard. Mr. Fine: It:'s going to be landscaped... Mr. Plummer: Marty, I don't hear you. Father Gibson: No, you don't hear what he's saying. You and I are friends. Tell him, all right, you'll talk with him. Mr. Fine: The answer is we're going to landscape that plaza in front of Biscayne Boulevard as if it's a part of that. Mr. Plummer: Marty, you don't hear me. Mr. Fine: I guess I don't, J. L. I've been here too long. I've heard so much nonsense that I really don't know what else what I want to hear. Mr. Plummer: My motion stands, Mr. Mayor, that it's approved subject to Mr...Marty's consideration for helping the landscape fund of Brickell Avenue... Mayor Ferre: Not Brickell Avenue. Mr. Plummer: The last three have been on Brickell. And he's still got to go before the Zoning Board. If that's what we need to comply with the Charter, I'm all in favor of it. Mayor Ferre: Now that has within it, as I understood it, J. L, Father what you were just asking me, the people next door and the neighbors are notified because that's the only proper way you can do it... Father Gibson: Because they're notified doesn't mean that, you know, please. Mr. Fine: We have no problem. Mayor Ferre: All right, Mr: Fosmoen, do you have any problem with this coming out now? Mr. Fosmoen: I'm sorry... 1 Mayor Ferre: The motion as you've heard it before because I made it and you were listening then. It's the same motion, that as a matter of 123 ist SEP 251980 Mayor Ferre (continued): principle, we approve this provided however, that Fire, the police Department and the neighbors are advised and there are no complaints, and they're going to do something to beautify Biscayne Boulevard. Mr. Fine: Mr. Mayor, I know it's late but when you say there are no complaints, they may complain because frankly, they want to sell us their property. Mayor Ferre: Well okay, I'll tell you, if they complain then I...then my vote is that they've got a right to stand here and tell us why you shouldn't do that. Mr. Fine: Then we have a public hearing. Mayor Ferre: Yes, sir. That's correct. And if the people in the neighborhood have a problem with that they have a right, and their rights shouldn't be abridged. And I don't think that this gentleman here, who I've heard many times, Mr. Smith has represented you know... Mr. Fine: The Tigertail Association. Mayor Ferre: ...that's right. Whether he represents the Tigerta.il Association that is always worrying about the infringement by this City Commission of their rights. Okay? Mr. Fine: We have no problem with that. Mayor Ferre: And I think what's sauce for the goose is sauce for the gander, Mr. Gander. Mr. Plummer: Mr. Mayor, I think they would like to make an announcement. Did somebody over there want to make an announcement? Mr. Fine: I think what we might do is hold off until we've checked with these departments, J. L. I withdraw the motion, Mr. Mayor. I thought somebody wanted to make a motion. Mr. Fine: Well I don't want to be a party to it. We'll get back to you. Mr. Plummer: Okay, fine. Mayor Ferre: Do it the right way. I'm all for it, I really am. I hope it works out. Okay, Mr. Fine, the pictures you may want back. 49. DISCUSSION AND TEIVORARY DEFER_riAL: INTERIM AGREEMENT BALL POINT (IIIAII CENTER) SEE LATER SIVIE MEETIMG Mayor Ferre: All right, the next -item that comes before us fifteen (c)? That's Ball Point, isn't it? Then that's the next item before'us. Fifteen (c), amending resolution79-396, a development order approving, with modifications, the Ball Point -Miami Center Project to require the agreement on interim traffic improvements prior to the issuance of a certificate of occupant' for our project rather than prior to the issuance of a building permit. All right. Mr. Reid. Mr. Jim Reid: Mr. Mayor, -.in the development order on the Miami Center - Ball Point Project which was -passed by th4a Commission, Development Order 79-396, condition 'n�uia4r seven dealing with traffic access and parking required two things. Number one, it required that qr) interim plan acceptable to the City of Miami Public Works, the Planning Department, ist �QQ �Ef a 51980 9 Mr. Reid (continued): and Dade DOT be developed for interim solutions to the traffic problems that the said project was expected to generate, number one; and that an equitable share of such improvements would be paid for by the developer of that project. This was based on two assumptions; number one, that the bi-forcated plan which has been suggested by the City administration for solving the long term problems of that area would not be on-line when Miami Center was opened; and number two, that could be creative use of the existing street capacity that would deal with particularly peak hour traffic problems. For example, using third Street to provide a one-way outlet in the e ening from the project. The... 6L.ayor Ferre: I'm going to stop you because I'll tell you...lets take a break because Lacasa is not here and Father needs to move out for a second and I think this is a real key thing and we need to have full attention on this problem so lets take a five minute break and hopefully, we can come back and concentrate on this. AT THIS POINT.', THE CITY COMMISSION TEMPORARILY DEFERRED THIS ITEM. WHEREUPON the City Commission recessed at 5:20 P.M. and reconvened at 5:35 P.M., with the following members of the Commission found to be present: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner- (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: Vice -Mayor Armando Lacasa 50. B 1rF DISCUSSION.- GOODYr?`.R BT I::P BASE LE' S7 Ms. Plummer: Mr. Mayor, while we're waiting for those other two renegades, Mr. rosmoen, I just want to put on the record what I spoke to you about because they never listen to me anyhow. I hope, when you're talking with whoever you talk with about that blimp base, that the proposal I gave to you about the consideration for the Tourist Development Council for an'information dissemination, a part of that could be considered for them. So I would hope that you would get in touch with them and*see what you can work out because they think it would be nice to have and fine: So.lets see what can be done but I wanted to convey that request. You agree don't you, Mr. Mayor? I thank you. I have the Mayor's backing. Mr. Fosmoen: I don't. It's a terrible location. Mr. Plummer: (continued) .... the Tourist Development Council for an information dissemination, a part of that could be considered for them so I would hope that YOU would get in touch with them and see what you can work out because they think it would be nice to have and fine, so let's sne what can be done but I wanted to convey that request. You agree don't your Mr. Mayor? I thank you, I have the Mayor's backing. 51. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS TO GENERAL FUND TO ALLOW RECOVERY OF INDIRECT OVERHEAD EXPENSES FOR FY 80. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 THROUGH 5 OF ORDINANCE NO. 9000, ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, AS AMENDED; BY INCREASING THE APPRO- PRIATIONS FOR THE GENERAL FUND BY $599,126, GENERAI, OBLIGATION BONDS BY $207,040, THE ENTERPRISE FUNDS BY $172,058, INTERNAL, SERVICE FUNDS BY $467,255, DEBT SER- VICE FUNDS BY $6,495 AND TRUST AND AGENCY FUNDS BY $387,250; INCREASING THE CORRESPONDING ANTICIPATED REVENUES IN THE SAME AMOUNTS FOR THE RESPECTIVE FUNDS; TO ALLOW FOR THE RECOVERY OF INDIRECT OVERHEAD EXPENSES FOR FISCAL YEAR 1980; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Armando Lacash. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferro NOES: None. ABSENT: Commissioner Armando Lacasa. SAID ORDINANCE WAS DESIGNATED U IR NANCE NO. 9173 The City Attorney read the ordinance into the public record and announced that copies were available tp the members of the City Commis- sion and to the public. V6 . SEP 2500 52, EMERGENCY ORDINANCE: INCREASE CAPITAL APPROPRIATION ORDINANCE TO ALLOW RECOVERY OF INDIRECT OVERHEAD EXPENSES FOR FY 80. AN ORDINANCE. ENTITLED - AN EMF;RGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9019, ADOPTED NOVEMBER 8, 1979, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEP- TEMBER 30, 3.980, AS AMENDED; BY INCREkSING THE APPROPRIATION FOR CERTAIN CAPITAL PROJECTS IN THE TOTAL AMOUNT OF $645,700; BY INCREASING ANTICIPATED RESOURCES IN THE SAME AMOUNTS TO BE RECEIVED FROM THE FUND BALANCES OF THE RESPECTIVE BOND FUNDS; TO ALLOW FOR THE RECOVERY OF INDIRECT OVERHEAD EX- PENSES FOR FISCAL YEAR 1979-80; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice --Mayor Armando Lacasa Mayor Maurice A. Ferre 140ES : None. Whereupon the Coxmiss.ion on motion of Commissioner Plummer and seconded by Commi.ssioner'Gibson, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE 140. 9174 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. 127 SEP 2 5 i980 C• V, 71 53. REQUIRE INTERIM TRAFFIC IMPROVEMENTS PRIOR TO ISSUANCE OF C.O. - DEVELOPMENT ORDER BALL POINT, MIAMI CENTER PROJECT. Mayor Ferre: we're back to 15 c. Now if we can all stay here and see if we can get through this. Mr. Reid start over again and make it simple, to the point and quick. Mr. Reid: Yes, sir, Mr. Mayor, on all. three counts we'll try and satisfy you. (1) We're here to propose that the development order that was approved by this Commission, Development Order 79�-396 dealing with Miami Center be amended. Condition #117 of that Development order which deals with traffic access and parking in relationship to the Miami Center project required two things basic- ally: One that an interim traffic plan acceptable to the Public Works Depart- ment, the City .planning and Dade DOT be prepared and that the developer bear an equitable share of improvements that would be presumably mandated by the interim plan. This requirement was placed in the DRI on the basis of two assump- tions, (1) tha+.: the final solution to the DuPont Plaza traffic problem, that is the bifurcated plan that is being talked about would not be on line, would not be completed when the Miami Center project opened and (2) that the exist- ing street capacity, the capacity we have out there now could be more creat- ively used, particularly 3rd Street and particularly looking at the option of making �;trc•ets flow i.n the opposite direction during the evening peak hour to relieve some of the more serious pressure points. In the interim, the Miami Center/Ball Point. developers have pursued six possible interim traffic plans. All of those deal hi.th certain actions on S. F. 3rd Street. Also in the interim several important. things hav : happened. (1) The DPM has been funded. At the time we did riot have the funding for the DPM, it is funded now for the downtown loop so there will bye rc,,7, e.ructi.on of a DPM going on in the 3rd Street area in the period of 1.983-84. Southeast Financial Center has come forward with their plan;; and they e:cpr t to begin construction in the first quarter of 1981. Now the thizd thing that: happened is that the Miami Center Project Phase III in the DuPont Plas;a is under development now in the planning stages and they expect to begin con.;truct.ion in the last quarter of 1981. The fourth thing that has happened is that the State, and this I think is the unfortunate thing, that funding for the bifurcated system is in the State budget now to begin in 1989 so tite State is talking about some ridiculous time tables for relieving the traffic problems here ultiu�at:ely. Mr. Plummer: They'ro, consistent. Mr. Reid: We hope that something can be done about that and it relates to the legislative session that is expected to be called in November and the State Gas Tax. On September 9th Mr. Fosmoen received a letter from Ted Gould, the developer, asking to be relieved entirely of condition 0. Mr.. Gould cited the changed circumstances that I have cited and made the points that any interim solution that :is to rake i)lace in this area -must be carefully phased with the construc- tion time table of the DPP, the Southeast Building and Phase III of the Gould project so we're really talking about a whole new set of actors to be part of this process of designing an interim solution. The second thing is that it is really incumbentupnn tha community and the business sector and this Commission to press for the expediting of the long term solution. The current time table of waiting unt:i.l. 1.989 is absolutely unacceptable and I think there is agreement on that. Dur feeling is with respect to the lifting of this condition that it should be removed from its application to the building permit, that Mr. Gould should be allowed to go forward and draw his building permit but the condition should be attached to his Certificate of Occupancy and it is based upon the sim- ple premise that it there is an interim solution that can be found that provides benefits to the ,Miami. Center Project, the Gould Project Phase III and DuPont Plaza and tho Southeast Bank Project that Mr. Gould as the developer of Miami Center should l,)articipate .in the planning and in the funding of that interim f soItition. We don't want to release that obligation. And to devise that interim solut.ion we currently tw va a task force in which all the parties are working on Such a solution, the State and the County, the City, the Southeast interests and Mr. Gould so we are: suggesting that the condition be put back in the Certi- ficate of Occupancy. Mr. Gould'according to his time table intends to occupy the building in the Spring of 1b82., it is our hope and expert..;rt:ion that an'I. interim solutions that all the �arties would be agreed to could be hammered out much before them particular y when each of the other parties in their devel- opment in DuPont Plaza must come before this Commission in the DRI process and we realize that the poss.i.bl.e legal effect of attaching a condition to a Certi- ficate of Occupancy sloes raise questions but the practical affect is to state �,$ S E P 125190100 our intent that Mr. Could as a developer of Miami. Center should participate in the funding of these interim solutions. In other words to sum it up we want to allow him to go forward and build his building but we want him to partici- pate in any interim solutions for the area from which his property will presum- ably benefit. Mayor Ferre: All right, Father Gibson. Rev. Gibson: Sir, I remember some discussion around here either in this room or maybe somebody had the discussion with me about if Mr. Gould proceeds where does that put Southeast or if Mr. Gould goes on and he does his due and then Southeast designs a room at a level or even a type of tile, I remember some vague discussion whether or not that knocks you out of the ball game or inhibits you or prohibits you? Before I vote to eliminate this, you know, I just think that we ought to make sure we aren't going to let one person have a hammer over the head of another person in this deal. Do you understand what I'm saying, Mr. Mayor? Mayor Ferre: I understand what you're saying. Rev. Gibson: I don't remember that detail, you know this kind of thing is not my thing but I do remember emphatically the questions were raised. Do you rem- ember that, sir? Could you enlighten me? Help me, I'm struggling. Mr. Reed: Commissioner Gibson, if I could just put on the record the fact that we're talking about two things. one is an interim solution and the second is the long term bifurcated plan and it is currently the consultants for both part- ies have submitted to the City and the County for review a .long term solution that seems at this point to deal. with the problem that seems to be acceptable to them, they can :speak to that point themselves. tdayor Ferre. The Chair recognizes :sir. Gould. Statement made by Mr. Gould (INAUDIBLE DUE TO MICROPHONE FAILURE) Rev. Gibson: I hear what you say, and you know, I hear what you say but you're not addressing the question I'm raising. Now some how in some discussion, I don't know, maybe those people didn't say the same thing to you as was said to me. I hear what you say, I want to agree with you, I don't want any, I don't want to attach to your building all that if and when, I want to let you go ahead and build and I want to do what you say, make you comply at the time you get ready to occupy, I understand that. But somewhere in the discussion, and I want to make sure I'm not caught in the middle. There was some discussion right in this room about tile up here and this kind of the and this quality of the over against what is going to be over here and whether this floor would he 12 feet over against some such foot. Now, wait a minute, I could solve that. I want to make sure that everybody understands this is what I'm voting for, I'm going to vote and I don't plan to have anybody be able to stop another somebody from building his building. Now I know what that is.. Statement made by Mr. Gould (INAUDIBLE DUE TO MICROPHONE FAILURE) Rev. Gibson: Mr. Mayor, I hope the members of the Commission heard what I heard. I hope you all heard what I heard. Mr. Reed, you're my professional. I want an answer. Mayor Ferre: Do you understand the question? Rev. Gibson: You're darned right he understands my question. Mr, Reid: As I recall, the discussion you're referring to, Commissioner Gibson, was when there was a question of extending a condition on the development of Ball Point and there was a discussion, I think Dan Paul was in here at the time as to whether they have deviated from the original plans and we got into a dis- cussion of the and the face of the building and so forth. I think it was agreed at that time by the Commission that such deviation did not exist because they granted the extension that was asked for. So I think that issue is really behind us if I understand the question that you're raising. Rev. Gibson: No, it isn't behind us. -I'm a little dense. He said that the two architects are trying to settle heir differences. Isn't that what you said? Okay, all right. ' t Mayor Ferre: Enlighten us. S E P 2 51900 Mr. Bill Colson: Mr. Mayor, my name is Bill Colson and my address is the Concord Building in Miami, Florida. I represent Southeast, Mr. Traurig represents Gerald Hines' interest, this is Joe Ranna, his partner and develop- ment partner that is here. I think that our position can help maybe clear up any past problems. Let me first give you the good news that there have been many meetings, I would say over 30 meetings now that have started from Mr. Hood Bassett, Mr. Ranna, Mr. Zweig, Mr. Gould at that level. There have been other meetings that have taken place with the architects. There have been other meetings that have taken place with engineers, there have been others taken place with traffic engineers. With all of that it is true that there has been an attempt to work on traffic both interim and on a permanent basis. This was printed, and I won't bore you with it, but it was printed yesterday as something that the task force that Jim is working on so that we're very current and everybody is working hard. Do you want to see that? Mayor Ferre: This is an agreement that both consultants, therefore, I would assume both the principles are in agreement on. Mr. Colson: 1 think we both would want to qualify to say that our engineers handed it to us yesterday. I've glanced at it but I'm certainly not qualified but I think Mr. Ranna has glanced at it, Mr. Gould has glanced at it and that •this is something that we both are proposing to the task force. Now the task force has worked with it and their input is in it. We may find innocently something in error but it would be, and the overall concept, the most important part to you is the bifurcated plan and where it would go and what it would do to 3rd Avenue, keeping it open and those problems have been alluded to. We think there has been a lot of work done on the task force that we can expedite, any ideas of 1989 back to 1984, to 85, somewhere in that, that was worked on this Monday so that is going on. Now let me see if I can get Commissioner Gibson and Commissioner Plummer, if the two of you will try to remember. What Southeast is for, we are for as far as Mr. Gould's building, the Miami Center on Ball Point, we stand here and tell you that we are willing for them to go ahead but we've got a reservation and he unc'.erstands what our reservation is, is that in all of these pages that• Jim reed has there is a lot of talk about what has happened in the past. All we ask on behalf of Southeast is he has told you he is for the development of the Southeast block and he stated that here and we thank him for that, but that nothing that has happened with their DRI on Miami Center or noth- ing that might happen with his other three blocks of the four blocks of DuPont that is left that that not be tied in .into any conditions that when we're stand- ing here and saying we don't object that we say that we would want the same conditions because I assure you that we don't want those same conditions, we couldn't live and build a building with an occupancy requirement and if he will assure us which he has here today that he's not going to try to tie in the four blocks across the street that we've got to wait and build a bifurcated or wait and get all the permanent solutions and that he has told us that our building can be built when you are ready for it we are now within a very few weeks of a decision by the DRI, we hope it will be favorable, we're within a very couple of months of coming to you. So if everyone, we all look each other in the eye and says that his request which is, he's the one that is asking it, it is all right with us, but that his request has no influence on Southeast and I think that is what Father Gibson's question is. Rev. Gibson: that's right, that's what I'm saying. Mr. Colson: Is that by this we're not trying to tie the two of us together and tat the two of us can stand on our own - we're a block, we want to build on that one: block, the same as with the Mc Allister Hotel. Mr. -Plummer: I.et me bring up two points, and I don't know who I'm talking to but it applies to both. I've got two problems. The first problem, how do I, the City, guarantee that if it is determined that there is a cost factor that Mr. Gould agreed to in the DRI to help his proportion, how do I hold his feet to the fire on that? Father says to me there is no way to guide my future ex- cept by the light of: the past. Rev. Gibson: Ahmen. Mr. Plummer: I like that ahmen. And Mr. Gould, you're getting caught up here because of the sins of your forefathers. You know, don't tell me anything, Jim, about C.O.'s. I suffered through this Commission for about 4 years of Vniir Ambassadors who were going to remove a model in front of their place before they got their C.U. That was written, we had it in black and white, it was there, everyt.ime we went to move on them they had another excuse but they got their C.O., they got occupied. one time we heard it was because Nixon stayed on Key Biscayne and that's where the Secret Service stayed, another time it was 130 8 E i7 U 198V 4 0 another excuse. So I really have no _`aith in the 'leverage of "They don't get theii C.D. until we get assurances that it is to be done" so I guess what I'm really saying to you is I'm not buying that. What I am going to buy is a d.if- ferent3,-�Proach if it is going to be a favorable vote by me. You know whether you ;.;t it in a reserve or you put it in a bond, how you do it, I can talk to people out here all day and they might listen but baby, when I talk to their wallet they damned well listen. Nov; Mr. Gould, this is not an infringement on your credibility, it is the past that keeps reminding of a problem that could come up on thi.e C.O. and I just don't buy a C.O. as being any leverage. Mr. Peed: Mr. Plummer, what we were attempting to do with attaching it to the Certificate of Occupancy is to answer your first question. What do we have to really attach this to to make it meaningful? And Mr. Gould has indicated on tli� record today something that he didn't indicate in the letter, that he would ;3C- ?.11_4.11g to participate in the planning and funding of interim solutions as it .relates to the portion of property, or that they relate to Miami Center. So 1 think that we have, it sounds to me an agreement in terms of an equitable participation in some interim solutions. What we need is how the feet can be held to the fire to accomplish that. Mr. NiLw.ae': Look, I don't want to slow the man down, that's not my intention. You know I think this Commission has gone on record and has worked with him over a period of months but I want something, I'm held accountable by the pub- lic, that I can hang my hat on, that's all I'm asking for. If you feel that this which he has proffered in this letter now is binding and the City Attorney .xtable I'm comfortable. Statement maue by Mr. Gould (INAUDIBLE DUE TO MICROPHONE FAILURE) Mr. Plummer: I understand that. Statement made by Mr. Gould (INAUDIBLE DUE TO MICROPHONE FAILURE) 31 S E P 251980 INAUDIBLE STATEMENT MADE FROM FLOOR WITHOUT MICROPHONE Mr. Plummer: All right. Very simply, Mr. Reed, are you comfortable with the letter from Mr. Gould? Mr. Reid: I'm comfortable with the statement he just made into the record.... Mr. Plummer: Well, I'm sure any statement he makes in the record he will reduce to writing. Mr. City Attorney? Mr. Knox: Yes, sir, if this statement is reduced to writing it can be attached or appended to the resolution and I mean it is admissible evidence of a repres- entation that he is making in the event that it comes to that. Mr. Robert H. Traurig: For the record, my name is Robert H. Traurig. As Mr. Colson indicated, I represent the Hines interest and Miss Duran in connection with this. I'd like by way of preamble to say that our relationship with Mr. Gould is very good. We have worked harmoniously. Mr. Rana would like to cooperate fully. He came to me when he become aware that this application was pending before you and he asked me a couple of questions. I would like you to hear the questions and I'd like you to hear my answers because I'd like you to consider them so that you understand our dilemna. We want to help Mr. Gould here. He asked me what is the ieffect of this action and I pointed out to him that any action that you take here today with the amendment of a Development Order will then be forwarded to the South Florida Regional Planning Council for its review because it is the issuer, rather you issue the Development Order �-.- _ Dad to ratify that development order and any modification has to go back to the. And I pointed out to Mr. Rana that he presently has an application pending and it will come before the Regional Planning Council staff for review at about the same time that they review this; that I believe that they will Probably feel that if the City has confidence in Mr. Gould that they will go ahead and approve what Mr. Gould is requesting but that I didn't know what af- fect that would have on his pending application which is the Southeast Bank pending application before the Regional Planning Council and I'm hopeful that they would not impose any harsher conditions upon us than what you are talking about here. That was number. 1. Number 2, we talked about the effect of a deferral of the interim solution until the issuance of a C.O. I think if Mr. Gould is satisfied with that that is fine with us but I hope that nobody will impose that upon us for the reason that in my judgement as a realestate lawyer I don't believe that a construction lender will feel free to advance the con- struction funds before it knows whether or not that condition can ever be satis- fied because maybe the permanent mortgage will never get clicked in. So we have the dilemna if you impose that same kind of condition upon us that maybe that won't satisfy our construction lender. Having said that, I'm merely tell- ing you that we are totally satisfied with any favorable treatment that you give to Mr. Gould but that we are very concerned that it may have an adverse consequence upon us. I want to say also that I have had the priviledge to represent Mr. Gould, we are on good terms, I wish him good luck and I don't want what I just said to have any adverse affect upon your decision vis-a-vis his present application but we're concerned. INAUDIBLE STATEMENT FROM AUDIENCE. Mr. Reid: Mr. Mayor, I have three comments on the issues that were raised. One is that we have been in contact with the South Florida Regional Planning Council and Dade DOT and neither agency has problems with deferring the con- dition to the Certificate of Occupancy. (2) That conditions were attached to the Gould development relating to a building permit and, of course, that develop- ment is coming out of the ground. Perhaps we could get out of this dilemna by just attaching a date - by December'of 1981 that the funding in the interim solutions would be taken care of. Mr. Lac:asa: Jim, I understand the position of the two parties here. The ques- tion raised by Mr. Traurig here is a well -taken question to the effect that how can we guarantee Southeast that they would not be jeopardized in their position by our granting the permit to Mr. Gould? In other words, what do you recommend that the step will be in order for us to grant the permission to Mr. Gould which he needs in the way that he is requesting it for the reasons you stated and at the same time give absolute guarantee to Southeast that they will not be jeopardized by that action? Mr. Reid: I have two comments.'�'Our suggestion (1), three comments, Mr. Gould has suggested he is willing to participate in the planning and funding of the interim solution and so that is accepted and that deals with one issue. If we place a date on that by December 31st, 1981, he's supposed to open in 1982 so that gives us a time frame in which -to seek and gain his participation. The 132 SE P ; s� 0 question is in terms of the impact of this action on a DRI that has not yet been granted or not been reported on by the south Florida Regional Planning Council, we really can't speak to that to a future relationship that has not yet unfolded. I think we could perhaps say on the record, and if the Manager wants to amplify it at all or the legal counsel that we consider this separ- ate issues. Miami Center came up, they were approved as a DRI, we attached conditions to that DRI and those conditions we are now suggesting they be modi- fied .for reasons advanced by the developer and agreed to by us. That's one set of decisions. A second set of decisions .relates to the Southeast DRI going forward. Now admittedly these developments are inter -related but to say a priority that you will penalize one or that one is to assume that.... Mayor Ferre: Well, that's what everybody here wishes to avoid is the penalty of one upon the other or the restriction of: one upon the other. Mr. Reid That's certainly not our intent, our intent here is to speak to the condition advnaced by Miami Center. Mayor Ferre: Mr.Roi:1,, in the interest of time now are we at a point where we can come to an agreement that will satisfy everybody? The City, Southeast and Holywell, Mr. Gould? I don't see that there is any major problem. What is the problem now. Mr. Fosmoen: The problem is an issue raised by Commissioner Plummer on how we guarantee that at the time a CO is requested we've got a big enough handle to enforce an interim r:olution if necessary. .11r. Plummer: That I'm told by the City Attorney, as long as he reduces that offer which he made today to writing that's it. Mr. Fosmoen: Then we're all set. Mayor Ferre.: What's the problem? Mr. Fosmoen: Nothing. Mayor Ferre: Who wants to make the motion? Rev. Gibson: I'll make the motion providing - I'll make the motion, I'll move this providing that we understand that one project has no ties to the other one, that everyone stand on their own bottom. You know, I just want to make sure of that. I don't understand all those intricacies but I lust don't want this man here and this man here and then we can't do that so you have my motion. Mayor Ferre: All right, is there a second to the motion as amended? Mr. Plummer: Second, Mayor Ferre: Does anybody have any problems with what we're doing here? Is there any confusion? That's good, Bob, that's good. Mr. Plummer: What he is gelling you is that this Commission normally acts with a certain amount of confusion so it is normal. Mayor Ferre: I think what in effect we're doing is that with this stipulation that Mr. Gould put into the record which he said after Mr. Plummer requested that he could put that in writing and attach it to the resolution that is before you.which is item number 15 c. on the seond page that with that stipulation in it and with the assurances on the record as Father Gibson stated that it is not the intention of any actions here to constrain any other action by the other party regarding their respective buildings, that we're ready to move on this. Is that. correct? Does anybody have any misunderstanding on that statement? Mr. Traurig; (INAUDIBLE) .... acting in good faith and we're very satisfied that you're going to deal with us equitably when the time comes and we're per- fectly satisfied. Mayor Ferre: All right, is it clear now what we're voting on? Mr. Plummer: I don't agree with Mr.Traurig's last statement but it is clear. Mayor Ferre: Further discussion ort this resolution which is Item 15 c. on the agenda as recorded and is before you and members of the public have a copy of with the two provisos that have been added to it? Call the roll. E J.33 S E P 2 51980 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-707 A RESOLUTION OF THE CITY OF MIAMI COMMI:3SION AMENDING PARA- GRAPH 7, EXHIBI`!` "A", RESOLUTION 79-396; MAY 24, 1979, BEING A DEVELOPMENT ORDER, APPROVING WITH MODIFICATIONS, THE BALL POINT (MIAMI CENTER) PROUECT; WHICH AMENDMENT REQUIRES AGREE- MENT ON INTERIM TRAFFIC IMPROVEMENTS PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY RATHER THAN PRIOR TO THE ISSUANCE OF A BUILDING PERMIT; FINDING THAT THIS AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE TERMS OF THE DEVELOPMENT ORDER, AND FURTHER DIRECTING THE CITY CLERK TO SEND '.THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) .Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 54. ACCEPT BID: OFFICE FURNITURE FOP. SOLID WASTE DEPARTMENT. Mayor Ferre: Is there anybody else that is mere on any issue on the day agenda that we have not concluded? Mr. Plummer: Yes, Patterson and Mullins are here on Item 16. Mayor Ferre: All right, Mr. Patterson and Mr. Mullins, Mr. Carollo was the one I think who requested earlier today that this matter be held up for discussion. This is office furniture and equipment for the Solid Waste Department and it was on the agenda last time, as I recall we put it off until this time and now what is the will of this Commission? Joe? Mr. Carollo: I would like to deny it for the following reasons: (1) We are presently being sued by this company, Central Stationers even though it has the name of Litton Central here, it is the same company. We are being sued for the other half a million dollars in furniture that we had a problem with. At the same time, I think it is totally unfair, extremely unfair that here we talk month after month about creating employment, bringing the dollars for local employment and here we're going outside of the state while there are so many office furnitures locally that we could provide this work to. (3) seeming that we had the problems that we had before we still have the same problem that Litton Central was the one that wrote the specs for this furniture without any other help and they were the only bid. So based on that I make a motion that this be denied. Mayor Ferro: All right, there is a motion for denial. Is there a second to the motion? is there a second tq the motion? Is there a second to Commissioner Carollo's motion t}i.it Item 16 be denied for reasons as expressed? Hearing none, what is the will. of this Commission? Rev. Gibson: I move you, sir; Ithat-we accept it. Mayor Ferre: There is a motion that Item 16 be accepted, is there a second? Second, is there further dispysti.bn? Call the roll. t, M The following resolution was introduced by Corvn.issioner Gibson, who moved its adoption: RESOLUTION NO. 80-70$ A RESOLUTION ACCEPTING THE. BID OF LITTON-CENTRAL OFFICE PRODUCTS FOR FURNISHING OFFICE FURNITURE AND EQUIPMENT FOR THE DEPARTMENT OF SOLID WASTE; AT A TOTAL COST OF $74,495.00; ALLOCATING FUNDS FROM THE POLLUTION CONTROL BOND FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote - AYES: Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre Noes: Commissionez Joe Carollo and Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mr. Carollo: For the: reasons stated I vote no and thank God my hands are clean in this. Mr. Plummer: Well, I'm not worried about my hands, I'm worried about my heart. My hands are clean; my heart is clean and I'm not showing it to you. I'm going to vote no and let mc.. tell you the reaoon I'm voting no. I dial not second the motion to deny because I don't think that really was in order. There are some unanswered questions in Mr. Carollo's mind and I think they should have: been answered but, you know, they can still be answered at a later time, I don't think we can continue this situation but. I do vote negatively. 55. EMEkGENCY ORDINANCE: ESTABLISH NEW TRUST 8 AGENCY FUND 111.11AMI IMAGE 80" PUBLICITY EFFORT. Mayor Ferret The motion that was, let me remind you of the procedure. The ordinance was read, the motion was made, it was seconded, the ordinance was read. Then there was a notion by Plummer to table. The motion to table does not require a second, it is subnequently come up, the motion is to bring it back on the floor then you've got to vote on the main motion so proceed with the voting and you only require one vote now. Thereupon, the City Commission on motion of Commissioner Plummer, seconded by Commissioner Lacasa moved to reconsider Agenda Item 13 by the a unanimous vote of the City Commission. Mr. Lacasa: Do we have: any one for ------------ Mrs. Aida Levitan: The problem is that we took whatever the airlines wanted to give us, we were not able to get a Ecuatoriana Airlines or any of the other airlines to give us a ticket from -Ecuador. If you have any contacts there I would appreciate it because I would like to bring somebody from Ecuador. Okay? Mr, plummer: Well, not okay, how much are you talking about if the Commission were to vuy the two tickets;` Becausb obviously Mr. Lacasa feels that it is very important. Mr. Fosmoen: Then we're going to run into a problem with the other airlines who are donating their tickets. Mayor Ferre: Liston, I %now '_he Prosiclent of Ecuatoriana unless they have changed him. Okay? And if you'll. get. me,'Kzno I1111 be very happy to call the man if he is there and see what we can do: Okay,? Mrs. Levitan: Thank you very much. SEP 251980 135 V. AN ORDINANCE ENTITLED- Ali EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPRO- PRIATIONS ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "MIAMI IMAGE '80"; AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $12,000 TO BE RECEIVED FROM .LOCAL COMPANIES FOR THE PURPOSE OF GENERATING POSITIVE PUBLICITY CONCERNING THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9175. 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. Thereupon the City Commission recessed at 6:30 O'clock P.M. and reconvened at 8:00 O'clock P.M. 56. GRANT 1-YEAR EXTENSION OF VARIANCE: APARTMENT HOTEL COMPLEX - PLAZA VENETIA PHASE II. Mr. John Watson was present representing the applicant. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-709 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6971, ARTICLE XV, SECTION 6, TO PER- MIT CONSTRUCTION OF AN APARTMENT HOTEL COMPLEX (PLAZA VENETIA PHASE II) ON TRACT "B"; OMNI INTERNATIONAL (102-3) BEING BLOCK BOUNDED BY NORTH BAYSHORE DRIVE, BISCAYNE BAY AND NORTH- EAST 16th STREET AS PER PLANS ON FILE, SAID COMPLEX TO CON- SIST OF A HOTEL TOWER 305 FEET IN HEIGHT AND AN APARTMENT TOWER 352 FEET IN HEIGHT INCLUDING PARKING STRUCTURE FOR BOTH TOWERS (300 FEET MAXIMUM PERMITTED INCLUDING PARKING STRUCTURE) AND SUBJECT TO PROVIDING A'PROPERLY PREPARED SITE PLAN WITH THE FINAL BUILDING PLANS; SAID SITE PLAN TO INCLUDE DETAILED IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY, APPROVED BY THE DEPARTMENT OF PUBLIC WORKS', PRIOR TO APPLICATION FOR A FINAL BUILDING PERMIT, AND SUBACT TQ WAIVER OF HEARING FEE BY THE CITY COMMISSION; ZONED C-3 (CENTRAL COMMERCIAL). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.). 136 S E P �;��a 0 Upon being seconded by Commissioner Gibson, the resolution was passed and adopt,:d 1:y the following vote- AYEb: Canunissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner. (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 57. GRANT 1-YEAR EXTENSION OF VARIANCE: CAFETERIA - 119 N.E. 14 St. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-710 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4(24)1 ­0 I'F W4TT OPERATION OF A CAFETERIA 014 LOTS 5, 6 AND 7; BLOCK 1.9; HEYN PROPERTIES, INCORPORATED RESUB (6-93) BEING 119 NOF PHI AST 14th STfU= AS PE'R PLANS ON FILE, WAIVING 15 OF 15 RI.;?UIRED OFF-STF-BET P11RP:ING SPACES; ZONED C-4 (GENERAL COM- MERCIAL) DISTRICT. (Here follow:; 1.ody or resolution, omitted here and on file in the Ofti;:u of. the City Clerk.) Upon being seconded by Commnissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa M;iycr Maurice A. Ferre NOES: None. 58. ACCEPT PLAT: MODEL ESTATES,SUBD.IVISION. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-711 A RESOLUTION ACCEPTING THE PLAT ENTITLED MODEL ESTATES SUB- DIVISION NO. 3, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZ- ING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (here follows body of resolution, omitted here and on file in the Office of. the City Clerk.) bring seconded by Commissioner Plummer, the resolution was passed and aacipLeu oy the following vote- , AYES: r_ommi.: s; -' a r ►pe r' ` e.l t n Commiss}oiler J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 137 S E P 251980 59. ACCEPT PLAT: BLAIR TRACT. ►+!wr!k'tw�n!' '1 iv,.. i9rw...-...�:ta...:.- .._. ... a..r..•....r...w'aaM..r+w.iiL:w.V.�a.�:r.rv.:.+..+1.�d..aa .: The following resolution was introduced by COmmiSS Its adoption: RESOLUTION NO. 80-712 i rr.rwrn _ . r Plummer, who moved A RESOLUTION ACCEPTING THE PLAT ENTITLED BLAIR TRACT, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of. the City Clerk.) .: being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote-• AYZS: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferro "'^hc • None. AKS;;;4T: Commissioner Armando Lacasa !j 60. ACCEPT PLAT: RIOS SUBDIVISION. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 80-713 A RESOLUTION ACCEPTING THE PLAT ENTITLED RIOS SUBDIVISION, A SUBDIVISION•IN THE CITY OF MIAMI; AND ACCEPTING THE DEDI- CATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE. CONSTRUCTION OF CERTAIN IMPROVEMENS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution; omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- , AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Mnii-i ,.m A. Fer, rn NOES: None. i3s . SEP 251980 4) F r" 61. 1ST & 211D READING ORDINANCE: AMEND ARTICLE XXIII SECTION 2 (2 ) OFF-STREET PARKI:?G .WD LOADING - REDUCE DIMENSIONS OF BOTH STAFMARD & COMPACT SPACES, •vr Mayor Ferre: Janet, I13.1 tell you since we all. know pretty well what this is all about and we've gone through it I will recognize you. Do you want to make a statement into the record? Do you want to rnake it brief? Mr. Richard Whipple: Mr. Mayor, the Department would like to point out to the Commission that: the Planning Advisory Board's recommendation did not include all of the Department's recommendations. We would like to suggest to this com- mission or recommend to this Commission that we include some or all of the recom- mendations of which the Department submitted to the Planning Advisory Board, specifically the Planning Advisory Board saw fit not to recommend the reduc- tion in the length of the standard space. They elected not to recommend... I'm sorry, the size of the stall they did recommend. They did not recommend the 40% compact car number rf spaces, they recommended 35%, we had recommended 40%. Another item which they did not recommend was that the compact car com- putation as to numbers and spaces begin after the loth space, in other words you don't allow compact cars until you h&ve at least 10 cuff -street parking spaces then at that point you provide for. the 40%. They elected to change that from 10 spaces to 4. 3o the Department resypectfully requests that in addition to the Planning Advisory Board's recommendation that you considex adopting the Depart- ment's position which would allow for greater compact spaces for the provision of 10 cars rather than 4 which we think will provide a better parking solution for the entire city. Mayor Ferre: Jim, wou?i you lake to add anything to that? Mr. Reid: I would like to make one additional comment on the Department's posi- tion. These revisions in thy, ordinance were generated by recommendations to the Off -Street Parking Authority by their national parking consultant, Conrad. And Conrad, in fact, had recommended even smaller stall sizes than we are sug- gesting to you this eveni.rg, that is stall sizes for standard cars of 8.5 % 18 and ror compact cars of 7.5 X 15. I think it is only fair to say to this Com- mission that we are going to evaluate subsequent to this evening those lower Conrad standards because both of the consultants that were recently before you in terms of the City's Convention Center in which we're building a parking gar- age to be turned over to the off -Street Parking Authority have recommended the smaller car sizes and have said to us, in effect, that we are behind the times even with out present thinking or our present revisions of the ordinance. So with respect to our own garage we have, of course, the option of seeking a var- iance because we are accomodating the people mover but I think we should eval- uate our standards and apply to ourselves the standards that we intend to apply to everybody else. Mayor Ferre: Jim, is the ordinance before us the one that you're recommending? Mr. Reid: The ordinance before you is the one suggested by t}te Planning Advisory Board. Wo are recommending three changes in that ordinance which Mr. Whipple has already reviewed with you... Mayor Ferre: Procedurally do we have to amend what is before us except for the tree recommendations, incorporate them into the ordinance as it is before us and then vote on the new amended ordinance? Mr. Reid: Procedurally that is the way I understand we would have to do it is to recommend the amendments suggested by the Department and then vote on the amended ordinance. Mayor Ferre: who are tho objectors to the three amendments to the proposed ordin- ance, before we get to the ordinance itself? Does the Off -Street Parking Author- ity concur with you? Mr, Reid: The off -Street Parking Authority concurs in the ordinance before you , tonight..... Mayor Ferre: That's not my question now, that's .i,)t lll}' Mr. Reid: The answer is yes, Mayor. 139 SEP 01980 Mayor Ferre: The question again, is does the Off -Street Parking Authority con- cur with the three recommendations that are before us before we get to the main , body of the ordinance? Mr. Reidt The Off -Street Parking Authority concurs with the recommendations of the Planning Department. Mayor Ferre: Okay. Mr. Plummer: And that is what is before us this evening? Mayor Ferre: As amended, there are three amendments to it. Mr. Reid: What is before you this evening is an ordinance as recommended by the Planning Advisory Board. That is the ordinance that you have in your packet. What we are suggesting to you is three Planning Department amendments to that ordinance. Those amendments are concurred with by the Off -Street Parking Author- ity. Mayor Ferre: I've got a question about that. Did the Planning Department bring three items up to the Planning Advisory Board? Mr. Richard Whipple: Yes, sir, we did. In other words our original recommenda- tion was including the three differences which I pointed out to you tonight. They considered the full department recommendation, they elected to exclude these three points in their final approval. Mayor E'erre; So it isn't that they weren't involved in the process. Mr. Whipple: No, they have been involved in the process all along. Mayor Ferre: They deliberated and decided not to incorporate them. Mr. Whipple: Yes, sir. Mayor. Ferre: You're coming to us. Mr. Whipple: We're asking you to incorporate them and..... Mayor Ferre: All right, Janet. Ms. Janet Waldman: Janet Waldman, 1901 Brickell Avenue. I was pleased when I qot a look at this ordinance_ to see that it didn't reduce the width of the park- ing spaces because when I have seen that happening it's been a problem for every- one who has to park and get in and out of their cars. But the issue that I would like to bring before you tonight is the percentage of compact spaces allowed. An increase in what is presently allowed is going to create problems not in all situations, not in public parking where a car may park in one space today and in another space tomorrow but I would hope that you would pay attention to the issue of the condominiums. As you know, I live in a large condominium, there are approx- imately 600 units. And what happens in condominiums is the developer tries to spend as little money as he can on parking and so if you allow him to make fewer full sized spaces and more compact spaces he's going to do that. Then when he sells each unit lie sells in addition to the unit he sells the parking space. Well, no one who purchases a unit is going to want a compact space so all the full sized spaces are going to be permanently assigned,to the unit owners and what you are going to end up with is 100% compact spaces for visitors parking and this.is going to create a problem. I would, therefore, ask that you not increase the percent- age.of compact spaces permitted in condominiums and other vuildings where there is assigned parking to the unit owners. Thank you. .40 S E P 2 51980 Ms. Janet Waldman (cont'd): But I would hope that you would pay attention to the issue of the condominiums. As you know, I live in a large condominium, there is approximately 600 units, and what happens in condominiums is a developer tries to spend as little money as he can in parking and so if you allow him to make fewer full size spaces and more compact spaces he is going to do that. Then when he seal each unit, he sells -in addition to the unit- he sells a parking space. When no one who purchases a unit is going to want a compact space so all the full size spaces are going to be permanently assigned to the unit owner what you are going to end up with is a one hundred percent compact spaces for visitors parking and this is going to create a problem. I will therefore ask that you not increase the percentage of compact spaces permitted in condo- miniums where there is assigned parking to the unit owners. Thank you. Mayor Ferre: Janet, let's go over that, I want to make sure I understand, Now, the Department is recommending that from a 17 foot stall we go to a 16 foot stall. You are against that because, as you said, nobody is going to want these 16-foot stalls in condominiums. Ms. Waldman: No, 1 didn't say that I objected to decreasing the length. I was saying that I was glad that they didn't decrease the width of the space. 5o that's not a problem, and.... M!ivar Ferre: The vi.dth, okay, now, the allowance for compact cars from 401.1 Ms. Waldman: I have a problem with that. Mayor. Ferre: ....but the recommended is 35%. Ms. Waldman: Even 35%, because they way it's been happening -from what I've seen so far- is that there :is not enough full size space, what ends up as visitors perking. Mayor Ferre: Okay, in other words, you think that we should remain at 30%. Ms. Waldman: Father remain at 30% or remain at 30% for development -like condomi- niums, where there is an assignment spaces. Mayor Ferre: Okay, now let me ask the staff, is there a way of incorporating or changing this so that we distinguish between living units and commercial units. Because I see her point, I think in residential units perhaps you may not want to go, however, in commercial units I don't have any objections, there is no assigned spaces. Mr. Richard Whipple: Mr. Mayor, the Committee that was working on this, they considered that and did work it over quite thoroughly. To be honest with you, felt that timing -wise, this was not the time to do it. Now, as Mr. Reed indicated to you we consider this an on -going thing. Mayor Ferre: Why not? Mayor Ferre: I have a simple question. Can we do it, Dick? Mr. Fosmoen: Yes, you can do it. Mayor Ferre: 'thank you very much. My next question deals with the minimum number of spaces for compact car allowance of 10, in other words, the minimum number of spaces for compact car.allowance...•Lxplain that to me again, now. What's this lo, to and recommended 4? Mr. Whipple: The 10 the Committee recommended$and the Department recommends chat you do not allow compact spaces until there are at least lU parking spaces involved. Mayor Ferre: Oh, I see. Mr. Whipple: Now, the reason for this is that when you talk about number smaller than 10,- 4 spaces, 5 s.paces- the odds of having all proportion 4 60% is very slim, you need to get into larger numbers before this works. Mayor Ferre: You are recommendi.tlr g 4. 141 SEP 251 Mr. Whipple: We are recommending 10 as a minimum. Mayor Ferret And you think that's okay. And what does the Planning Board say? Mr. Whipple:: They recommended four as a minimum. Mayor. Verre: Okay, so these are the three differences. We don't seem to have any real serious d.iffe:rences on the 1.7 to 16 feet that's non -controversial. The question of 30% versus 40%, in my opinion, I think Janet is right, we ought to distinguish between commercial and residential, and I think in commercial you can go to 40% and residential I think you should stick to 30%. I think that makes sense, in my personal opinion. Mr. Whipple: Well, I think that Ms. Waldman's response was that you could have a higher percf;ntage_ if it was residential assigned parking, because you know, whether it is a compact c�ir.... Mayor Ferre: She said just the opl,osi.te, she said if it's in rps rientjaL areas assigned units, -flu: does not wont -and :[ think she is totally correct- more compact spaces because you are always going to up having a squabble as to who gets tite compact and who gets the full site, and 1 think that makes sense. Ms. Waldman: No pu,.cha-,er, even :LZ he personally owns a compact car, is going to want to accept a compact: space for resale purposes. Mayor Ferret I understand, let's see what the sense of the rest of the Com- mission is. What is the sense of the rest of the Corrmiission? Mr. Plummer: I want to ask a question. Dick, what are you talking; about'? You are going to have to come back with it at a later time. Mr. Whipple: Well, it is suggested that we come back and differentiate be- tween commercial parking and residential parking as to percentage of compacts. Mayor Ferret Do it right now, The Manager you .just said that it can he finne not..,, what is the problem? Mr.. Whipple: I have no problem with it, I was trying to answer what I thought was.... Mayor Ferret Well, the question is what all this about coming back later on? The answer is we don't have to come back later on, we can do it tonight if you want. Mr. Whipple: Fine. Mr. Lacasa: And then we do it commercial 40% and 30% residential, right? Mr. Whipple: I would like to suggest to the Commission that when you have assigned parking, when you say this is your spot, this can be your spot for a compact car or for a large car. Therefore, there is not going to be any con- fusion as to whether your big car fits...you are not going to get a compact space if you have a large car. Maor Ferret In my apartment -and I have a compact- you come telling me that and you are going to charge me..I don't want a compact space, See, you give it to i.acasa for his space, but for my space I want a full size size even if I have a small car. I want my size big, don't come telling me that I'm going to have a small compact.., you know, you are going to get into a squabble. Mr. Whipple: Mr. Mayor, if you have a large car, you will be given... because the group has the authority a large space. Mayor Ferro: I've got a small car and I want a big space, see? And I don't want you hassling me. Do you•get the drift of the problem? Mr. Plummer; No, but reverse:the,coin. Mr. Mayor, if you are assigned a compact space and then later you buy a pig,car, where are you? Mr. Whipple: They would reassign a large space for you. Mr. Plummer: Oh, come on... c C n u r" � �u �.42 �7G1- 0 16 Mayor. Ferre: Oh, come on, I'd like to know...you know, where is Ted Hallo? Mr. Whipple: This is a controlled situation and that's the reason for allowing perhnp: a greater, percentage, if that is the case. A controlled situation. llayoi Verre: What is the sense of. this Commission? I mean, I have expressed my opinion, let's fret at least two or three more opinions and then let's move on. I.cicasa: I've expressed my opinion and I'm ready to move it, 40% commercial 30% residential. Mayor Ferre: What do you want to do? (BACK'Gi0UND COMMENTS NOT PLACED INTO THE PURLTC PECORDS) Mayor Ferre: You are open minded, that's okay. Father? Plummer how do you feel? Mr. Plunmier: Mr. Mayor, I'm willing to try it, anything that we work out here if it doesn't work out it's always subject to coming back. NayL.r Core: All right, now the question of minimum spaces, is there any pro- blem with going to ten. 5o we are on agreement? Will. somebody move these things as amended? . a: Move. KaV. Gibson: Second. Mayor. Ferre: It's been moved and seconded, is there further discussion, would you read the ordinance, as amended. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPR.E- HENSIVF ZONING ORDINANCE FOR THE CITY OF MIAMI BY AMENDING SUB- GLCTION (2) OF SECTION 2, ARTICLE X{III, OFF-STREET PARKING AND LOADING, BY REDUCING THE DIMENSIONS OF BOTH STANDARD AND COMPACT PARKING SPACES, R:QUIRING A MINIMUM NUMBER OF PARKING SPACES BEFORE ALLOWING COMPACT PARKING SPACES AND INCREASING THE ALLOWABLE PER- CENTAGE OF COMPACT PARKING SPACES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAMIE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS'THAN FOUR - FIFTHS OF THE MENMERS OF THE COMMISSION. Was introduced by Covani5sioner Lacasa and seconded by Commissioner Gibson, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Corollo Vice Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adopted said.ordinance by the following vote: AYES: Commissioner J. L. Plummer., Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice Mayor Armando Lacasa Mayor. Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNAT�D;ORDINANCE NO. 9176 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and copies were available to the public. 143 SEP 251980 FIRST READING ORDINANCE 62. CHANGE ZONING CLASSIFICATION: 2-98 N.W. 2ND AVE. - R-44 and (a) C-4 TO GU and APPROVE CONSTRUCTION OF CENTRAL UTILITY PLANT AND PARKING GARAGE. (AGENDA ITEMS 2(a) AND (b) ). Mayor Ferre: Item 2, First Reading. Anbyody here on item 27 It's a Metro Dade Change of 'Zoning. All right, this is an ordinance. Mr. Lacasa: Move. Mr. Carollo: Second. Mayor Ferre: Lacasa moves, seconded by Carollo, further discussion. This is only 2(a), call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 1 AND 2, A PORTION OF LOTS 3, 4, 5, 6, 15, 16, 17, 18, 19 AND ALL OF LOT 20, BLOCK 113N; MIAMI (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 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 Carollo and passed oil inn first reading by title by the following vote: AYES: Commissioner. J. L. Plummer, Jr. Commissioner Joe. Carollo Commissioner (Rev.) Theodore R. Gibson Vice Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT:None The City Attorney read the ordinance into the public record and announced that copies Pere available to the members of the City Commission and to the public. 62. APPLICATION BY METRO DADE COUNTY APPROVED TO CONSTRUCT AND OPERATE (b) A CENTRAL UTILITY PLANT AND PARKING GARAGE AT APPROX. 2-98 N.W. 2Nn dvFNLm. Mayor Ferre: Now, Lacasa moves 2(b), Carollo seconds, further discussion. Mr. Plummer: Have we got a schematic of what that central utility plant looks like? They can be pretty ugly sometimesw Steve, have you,got a drawing of the thing? (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORDY. Mr. Plummer: Yes, but I'm worried about the proper screening, landscaping around it ... do you have a rendering of the proposal? UNIDENTIFIED SPEAKER: Do I need to get on the record? Mayor Ferre: Sure. 11r.Steve Little: I'm Steve Little, I'm the Developer Coordina- tor of. Dade County for the Downtown Development Center and I'm here renregantira the county and the Center.to present the designs for the facility which have been prepared through schemat#c by -the firm of Ferendino, Spillis and Candela. 1 , Mayor Ferre: Would you point -it out for us, please, which is the building? Mr. Little: What you are looking at here is the Flagler Street elevation of., I AA SEP 2 51980 Mayor Ferre: All right, further discussion or questions roll. 0 the building, starting here and running west. This is a partial elevation of the Cultural Cent:cr'L'iurary which is presently under construction on the opposite side of 2nd Ave. We are proposing also to be presented for a Resolution at a future date, an authorization for an areal rights easement for a pedestrian bridge cross. on item 2(b) if not call the The following resolution was introduced by Commissioner Lacasa, who moved its adoption: M RESOLUTION NO. 80-714 A RESOLUTION GRANTING THE APPLICATION OF METROPOLITAN DADE COUNTY TO CONSTRUCT AND OPERATE A CENTRAL UTILITY PLANT AND PARKING GARAGE PER ARTICLE XXI-2, GU-GOVERNMNIENTAL USE DISTRICT, SECTION, 3 (.1•-1) ON ALL OF LOTS 1 AND 2, A PORTION OF LOTS 3, 4, 5, 6, 15, 16, 17, 16, 19 ANU ALL OF LOT 20; BLOCK 113N; MIAM1, A. L. KNOWLTON (B-41.), BEING APPROXIMATELY 2-98 NORTH- WEST MOND AVENUE, PROPOSED TO BE REZONED TO GU-COVIMIXEINTAL USE; FINDING THAT THE ESTABLISHMENT OF THIS USE IS A) COM- PATIBLE; WITH FUTURE: DEVELOPMENT; B) IN CONFORMITY WITH PLANNING FOR THE AREA; C) READILY ACCESSIBLE; D) BENEFICIAL TO THE AD- JACENT AREA; !) IN SCALE WITH FUTURE DEVELOPMENT; F) ILLUSTRATIVE OF SUPERIOR URBAN DESI(.,N, AND G) ESSENTIAL TO 111E WELFARE OF THE CITIZENS OF DADE COUNTY, SUBJI?(;I' TO LANDSCAPING, SITE AND DE- VELCFN•EEN'T PLAN APPROVAL BY THE PLANNING DEPARTMENT.. (I{ere follows body of resolution, omitted here and on file ill the Office of tile. City Clerk) . Upon being seconded by Commissioner Carollo,the resolution was passed and adopted by the fol.l.owlns's vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner. (Rev.) Theodore R. Gibson Conanissioner Joe Carollo Vice Mayor Armando Lacasa Mayor Maurice A. Fer.re NOES: None. ABSENT: None. 63. FIRST R1:AUIN;G ORDINANCE: CHANGE ZONING CLASSIFICATION AT APPROXIMATELY 3215-45 AVIATION AVENUE / R-4 TO R-C. Mayor Ferre: Pick up item 3. Applicant is Mr. James G. Robertson. All right, counsellor'. Mr. ,Jack Rice: Mr. Mayor, my name Jack Rice, I'm representing; applicant, Dr. James Robertson. 'ThLs is a piece of property that fronts 20U feet on aviat.lon. It's ;Just. off Bayshore Dr.. It's directly behind the Pancoast Building now owned by two people, Trainer & Bluff. That's approximately on Bayshore which on its left side Of the property zoned R-C. Directly north wo,sterly, it abuts R-C proporty,which is a 5-story, an apartment house. Im- mediately next. to f.t is a 6-•story apartment house which is also R-C and goes to the rear of my client's'propei'ty. Now, also to the rear of the 6-story building; wtii.ch 1. called an a artment house but it's a condo conversion, I believe, at this; time the4'e'dre parking; lots which extend from the rear of their property to 'Ti.gertail. Now, directly across the street from the Pancoast Building, on Aviation, for the Pancoast property, you'll notice from the draw- 145 s E P � 5 ;yso ing that the rear of the Panconst property is a parking lot. Now, directly across the street which the Bay Biscayne, a real. estate _ , is also R-C. Now, this property has been before the Cotmnis,sion starting in 1974. In 1974 they attempted to rezone a substantial area of the Grove to R-CC. At that time the applicant's property was excluded from the R-C zoning predica- ted upon the fact that it abuts the R-C zoning, there is an R-C zoning to the rear and an R-C zoning to the side. We then came back to the Commission in 1977 after some preliminary hearings before its Board and at that time they wanted to put us into an SPB (sp?) which would have Limited the height of the building to four stories. At that: particular time, it was quite between the members of the Commission and myself and Dr. Robertson. At that time it was agreed that the line from R-C -which are the apartment houses on the northwest- would extend over to Aviation. It is our position, that the area will benefit from this chr.nge of zoning and also it will not be detrimental to the abutting property owners, and it will remove a spot zoning, which is our client's property, to what it should be zoned, R-C. I have Dave Simpson, who was formerly Secretary of the Planning and Zoning Board who would .like to show you a schematic of this and explain the area, Mr. Davis, Simpson: Mr, Mayor, members of the Cotmmission. My name is David Simpson, I Live at 1.21. N.W. 68th Court:. As far as background, I've been into Planning and Zoning since 1.954 and have in excess of20 years with the City of Miami in that field. I was Director of the staff during the period of 1958- 1959-1960 and 1961 when prc,y(,nt Ordinance 601 was processed and adopted of course 1.c has been amended many times since then. For the purposes of this hear- ing I would like to..I've prepared a map showing the boundaries.... Mayor Ferre: Dave, I hate to tit) this to you because I know you've spent a .lot of time on your map anti doing, all that, but let's see perhaps if we can cut through this jaf; and maybe.... Mr. S1-M1)3on: The solid read lines depict the present zoning boundaries. They follow tit.ough hc�r.e to the south of the applicant's properLy and then norther.- .Ly over in h_re. The red separated line depicts the zoning boundary that was adopted in 1961, So the proper;y directly behind the applicant's property was the subject of a public. hearing.... Mayor Fer.rc:: And that: was rezoned R-C. Mr. Simpson: .....i.n 1963 and it was rezoned R-C Play or l'erro: And t hcn what we have is a pocket in here which is kind of an odd shape thing and all. that, okay. Now,.,.. Mr. Simpson: May I call your attention to the fact that the present use of this property is single story, multiple dwelling, and it's been there since 1947 The oldest development in this entire area. I have all the units, they dates, of all the surrounding property. Mayor Ferre: k%at does the applicant want to use the property for? Mr. Simpson: That, I don't know. Mayor. Ferre: Could you tell. us? Ur. Robertson: 1'd like to use it fnr doyelli.nn .units, hnenftally rental, apartments, If it's not feasible then well have to go condo. Mayor Ferro: It's either rental apartments, condominiums ... does a hotel fit into R-C? Mr.. Rice: The answer: is it does but we have no intention.... Dr. Robertson: t4c have no intention of using it for that. Mr. Rica: And you can puc that on the restrictions and we'll sign an agree- ment. .111. right. 4111p,,are the objector? All right, let's hear from the objectors and I'il lot youehave some time for rebuttals. (INAUDIBLE COMMENT BY MR. RILL PLACED 06TSIDE OF THE PUBLIC RE(;ORD) Well, let's hear the objectors and then we'll legit you introduce the evidence. Go ahead. BAR SCP 251980 PUBLIC SPEAKERS IN OBJECTION: Mr. Ron Cold: My name is Ron Cold, I live at 2542 Lincoln Avenue. I am a member of the Board of Directors of the T.if,e.rtail Association, but tonight I'm speaking as a private individual. Very simply I would just like to go on record as objecting to any change, zoning or otherwise which will increase the intensity of the land use in this area or increase the intensity. Mr. Walter Ellison: I'm Walter Ellison. I live at 1623 Micanopy Avenue, in Coconut Grove. One of the things we learn when we go to get a construc- tion loan from a Bank is the fact that they do not give us the money first until we present them with the plans. Now, we know from past experience with Dr. Robinson in Grove Towers that certain plans had been established and I can refer back to a year and a half ago when we was bulling this high rise allegedly for people in the hundred and eighty to three hundred thousand dollar range to bring "tlie younger people back to Coconut Grove". Well,. if you take a look at the ads a year and a half later the cheapest condo now is $250,000 to $275,000, and it goes up towards'the $1,000,000 nark. So what I'm Lrying to bring out here is I think it would be appropriate if a zoning chance is to be made that we, the people of Miami, know at least what is planned to be used for this property. Because according to the zoning you can build a heliport, a private club, a hotel, and multiple other things on the R-C. Dr. Robertson with most of his projects in Coconut Grove has a usual theme and that is he is the victim, he buys his property and then realizes low and betiola that lie can't make a buck out of it. Every single piec(! of property it's a big hardship. Now, let's be reasonable, for him to say that he is going to build something; and rent it is a little absurd on this day, and I will give him more credit than that, Very few people now- adays are renting any properties, especially in Coconut Grove, because it would be financially more Ceasible to go and make condominiums out of it. So I would suggest: the following, being that there is a credibility issue, aL Least as 1 se< IL, i would suggest that we at least know what the use of the property i, t.0 be, and that no granting of any change from the R-4 to the R-C be made until we are able to see what he plans to do with it. Most of the immediate area around there: has condominiums and apartments. I think that it would beneficial to keep it that way as opposed to putting in hotels, private clubs or any other office, thank you very much. Mayor Ferre: Okay, next speaker, other objectors? Okay Let's hear from the Department what your recommendation is I'll let you rebut and I'll give you another chance, if. ,you want to say anything else. Mr. Richard Whipple: Mr. Mayor, the Department recommended approval of this requested change of zoning;. We believe it maintains the integrity of the area by keeping the H-4 basically along Tigertail. This change of zoning does not do any unnecessary harm or injury to the surrounding area but still maintains the residential and the R-C classification on Bayshore and the lower part of Aviation. Mayor Ferre: All right, Mr. Rice, do you want to wind it tip? Mr. Rice: Yes, sir. I'd first .like to show you pictures of the applicant's property. And I have already introduced these as evidence for Planning and Zoning Boards. 'That's the applicant's property from the Pancoast Building showing the R-C in the rear, there is the R-C in the front, this is the R-C apartment houses, five and six stories to the side, and this is the R-C across the street from the Pancoast Building, and this is the Pancoast parking lot In addition, I might bring your attention to a Rapid Transit study that I'll introduce into evidence, it's Coconut Grove and Rapid Transit and the reverse side of that says that this area should be of a higher density, populated, so that Rapid Transit could properly serve the area. Now, in addition here is a copy of ordinance No,7162 adopted 16 day of October of 1963 that changed the zoning at the rear of my client's property to R-C. Now, also, the Pancoast property, just rear of that which is the parking lot, is used by the restaurant across the street for parking and there was a variance granted for that pur- pose. t Mayor Ferre: Ali. right, anythita else? . (STATEMENTS MA1)E BY MR. JACK RICs PLAITED OUTSIDE OF THL PUBLIC RECORD) Mayor Ferre: Mr. Rice? As 1 understand it you are willing to stipulate 14'7. SEP 1�80 into the record and put a covenant on the title that that property will not be used for the purposes of a club, hotel or motel. Is that correct? (INAUDIBLE RESPONSE NOT PLACED INTO 'f}11s PUBLIC RECORD). How about offices? Mr. Rice: No, in fact, that is a permitted use in R-C, and that isn't detrimental to the area. You know, all those... Mayor Ferre: In just asking a question, you are stipulating into the record that you are willing to put a covenant that along with this, there is a restriction that you would not use this for a hotel, motel or a club? Mr. Plummer: You understand that is voluntary? Mr. Lacasa: And what is what you intend to put there? Rental apartments'? (INAUDIBLE COM14ENTS MADE FROM THE AUDIENCE WITHOUT THE AID OF THE MICROPI}ONE) Mr. Carollo: Mr. Attorney, is there any way that we could legally put a covenant in that piece of property for only rental apartments? Mr. Terry Percy: You could not attach that as a requirement for the change of zoning. As I understand it, if the applicant would voluntarily provide that to ease the concerns of the objectors as an inducement for the granting of the request... Mir. Plummer: He can agree to voluntarily deed restrictions. Mayor Ferre: For only apartments? Mr. Rice: Well, apartments or condos... }r. Carollo: In other words, what you really want are condos, if that's it why not come out and say it? Mr. Rice: Well, it's the economics that's going to.... Mr. Carollo: Well, you know, we are kidding ourselves. You are going to tell us that the economies is for apartments, especally in this area. What bothers me is that, you know, I can't recall any apartment buildings that have been built in Coconut Grove in the last three years, of any sizes, and what you really want and what are going to be economically feasible are going to be condominiums. So just say it, it's going to be condominiums. Mr. Rice: Well, we prefer apartments, I'll tell you that right now. But we've already agreed that it's not going to be anything but either ...-a condo is nothing but an apartment that is owned by an individual. Mayor Ferre: All right, that we understand the parameters, the recommendation from the Department, the vote on the,Zoning Board, your client's position. Are there any other questions? Waht is the will of this Commission? Rev. Gibson: I'll offer it with those stipulations. I will offer it with the stipulation that you are going to show those people that it will be no hotel, no motel. Mayor Ferre: All right, there is a motion on the floor now. Is there a second? Mr Plummer: Yes, I'll second the motion and I want it stated clearly on the record, the only thing I have a problem with is the hotel or the motel, that's what I have a problem with. We've got an example here. Mayor Ferre: All right, further discussion. Mr. Fosmoen: Mr. Mayor, as I understand it, that they will voluntarily profer for the attorney's review and,the Planning Department's review.... Mayor Ferre: That is correct. Mr. Plummer: That is if they are smart. Mayor Ferre: Well, that's wnal:itnis vote is predicated on, as I understand it. Further discussion, call the roll'. 14$ SEP 2 51980 i AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVt ZONING ORDINANCE OF THE CITY OF MIAMI., BY CHANGING THE ZONING CLASSIFICATION OF LOTS 27 THROUGH 33 AvD NURTHERLY 5U' OF LOT 36, BLOCK 38; NEW BISCAYNE AMD (B-lb), bLING 3215-45 AVIATION AVENUE, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-C (XES1DENTIAL OFFICE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.6b7l BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTICN 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF -N CONFLICT; tun CONTAIItING A SEVLRABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner (Rev.) Theodore R. Gibson Vice Mayor Armando I.acasa Mayor .Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 64. DEFERRAL OF CONSIDERATION OF A FIRST READING ORD, -REQUEST FOR CHANGE OF ZONING: 2172 N.W. 3rd Street and 2165 N.W. 2nd St:. Applicant to submit new plans to Planning Department. Mayor Ferre: Ail right, we are now on item 4, an application by Cremata Auto Glass for a change of zoning from R-2 to C-4. This item was previously deferred at the June t4, meeting. Planning Department recommended denial, the Zoning Board recommended approval 7-0. A11 right, will the Department please state into the record why it recommended a denial. Mr. Richard Whipple: Mr. Mayor, the Department feels that the request of change of zoning was an undue encroachment into the residential area. As the Commission may remember they deferred this item at the last meeting in order that the applicants get together with the neighbors. I believe there was also a suggestion by Father Gibson -or one of the other Commissioners that perhaps a design could be submitted which would not allow any traffic activity exiting out unto the side streets of second street and third and that all this commercial activity take place from 22nd Avenue.. We have not seen any plans with respect to the.proposals as to how this site -might operate if the change of zoning is granted. Nothwithstanding, we still feel this is an undue encroachment and would recommend denial of the entire 4 lots. Mayor Ferre: All right, yes, sir. Mr. Manuel Vazquez: My name is Manuel Vazquez, and I represent Cramata Auto Glass. And for some reason Mr. Ramon Pusozo (sp?) was left out of the applica- tion, it should read "Cremata Auto Glass, Inc. and Ramon Pusozo, who is the owner of the other lot. We havq'revised our plans as suggested by the Commission the last time. (BACKGROUND STATEMENT PLACEDOUTSIDE OF THE PUBLIC RECORD) Rev. Gibson: Mr. Mayor, let me say before we begin. I have problems with any citizen who brings drawings here and knowing that we had instructed the SEP 2 51980 citizen to turn those drawings over to our professional. staff., that they may Vic- it and that they may have an opportunity. I resent it, I am not a professional but they are, it goes up there. And I just don't think that's regular. And I think, Mr. Mayor, that we should not tolerate it, I mean, right it right. The people out there are not professionals, nor am I, and I think they should have turned them over, as a matter of fact, I raised the question about getting in and out over on 22nd over against third or either fourth, and I just don't like it. I don't think we should do indirectly what we can't do directly. Mr. Grollo: Can I see who is for this here? A show of hands, please. (The statement was repeated by Commissioner Carollo in Spanish) How about the people who are against it? (Statement repeated in Spanish) Mayor Ferre: The people who are against it, I would assume, are the neighbors, the people who are for it, how many of those live in the....? Mr. Carollo: How many live in the City of Miami of those in favor? (Statement was asked in Spanish by Commissioner Carollo). Mayo- Yer.re: Okay, these are people who live within one or two blocks of the pzojerty. All right. (INAUDIBLE STATEMENT FROM THE AUDIENCE WITHOUT THE AID OF THE MICROPHONES). Ma'am, I'm not asking whether they own or whether they don't own, I think the law doesn't distinguish that way. These are people that live in that area. Go ahead. Father Gibson. k.v ibsun: Mr. Mayor, let me say. I want everybody to understand that I think that when we come up here and legislate and spend all night, that when we give people instructions they ought to carry them out. I think we ought to postpone this matter. I just don't like it. I think that you instruct people who come here to take that plan there and ... they ought to do it. I just don't buy this, Now, the rest of you might want to be blind but I tell you before I vote on any zoning issue here I usually take time out and go see it, I told you that before, I go and see every piece of it, even the plats that are recom- mended. And I think that that's ... you know, I'm really upset when I see this kind of thing happen, they are playing us cheap, at least they are trying to play me cheap, but I'm going to let you know you are not going to do it. I say that we instructed all the parties here, I was the guy who talked about the compromise, And you all. didn't give a damn because if you did you would have gone and done it. Mr. Plummer.: I second the motion. Rev. Gibson: I move to defer. Mr. Plummer: Well, the only question Father I have and I think we ought to be honest with us, are the plans of sufficient -I've not seen them either- are they of sufficient magnitude of change that it should go back before the lower Board? That is the only question I have. Mayor Ferre: We have a motion at this point for a deferral of this item. Is there a second to that motion for reasons stated? Mr. Plummer: under discussion, Can the Department give me a horsehact< opinion? Mayor Ferre: I'd like to know what we are talking about. I mean, does every- body understand what we are talking about? Because I don't understand... Rev. Gibson: I understand what we are talking aabout. Mayor Ferre: Well, I'm talking about the change, I don't understand what change you are talking about? ' Mr. Vazquez: The recommendation of the Commission last time was to not permit egress or ingress on second street. We have drawn some new plans... PInvor Ferre: Father. Cibson'Uas stated into the record that he has not seen ti,us� plans, the neighbors have not seen these plans and the professional staff h.is not seen these plans. ' Mr. Vazquez: Mr. Mayor, if I may say so, Mr. Cremata went to the lady's house five times and she has refused to talk to him. i A. ,��r ccP 12 515�� (INAUDIBLE STATEMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Vazquez: Mr. Mayor, we have tried to talk to the neighbors. Mayor Ferre: All right, further discussion. Mr. Carollo: By the way, how many feet is this wall going to be? Mr, Vazquez: That's C-4, we don't have to wall that, on this side, it's already walled. Mr. Lacasa: But Vazquez, let's get down to what it is. The last time you were here, you people were told that this Commission was interested in preser- ving the residential character of this area because these people that are here want their tranquility and they don't want the commercial impact of traffic in their own residential area. And, consequently, you were told to go back to the drawing Board and come back to us with an alternative which would insure, absolutely insure, that these people here will not be affected by whatever goes oil in the premises; which obviously had to be the egress and ingress on 22nd Avenue. Nothing else but that. Whether or not on N.W. 2nd St. you have partial C zoning, commercial zoning, which would obviously allow you to have that previous situation is not of interest to the City Com- mission at this point because what we want, quite frankly, is to take ad- vantage of the fact that you want something from us so we can get something from you and what we want to get from you, Mr. Vazquez, is the security and the tranquility of the peopie. It's as simple as that, so don't tell me what you can wall and what you can't wall. What we want: to hear here is whether it not by your present plan these people will have what they want and what they are entitled to, which is very simple that in a residential area they are not impacted by commercial traffic. That's it. Mr. Vazquez: Mr. Lacasa, 2nd St, we walled, there is egressand ingress on 22nd Ave. Here is the picture of the present... Mr. Carollo: How many feet will the wall be? ;dr. Vazquez: How many feet will the wall be? Mr. Carollo: High. Mr. Vazquez: (ANSWERS IN SPANISH) Mr. Plummer: Excuse me. Mr. Mayor, point of personal privilege. If I'm not mistaken, there is a motion on the floor and duly seconded, and any discussion relating to the motion is in order. Anything not relating to the motion is not in order. Mayor Ferre: Well, that's technically correct, J. L. But I think there's a question by Commissioner Carollo to try to understand how... the issue so he can vote appropriately. Mr. Plummer: What we're trying to sfty...take it back? Mr. Carollo: Mr. Vazquez... Mr. Vazquez: The wall will be along twenty-two and twenty-one. There's two lots there which are... Mr. Carollo: Six feet high? Mr. Vazquez; Six feet high. Mr. Carollo: I have.to say that the last time you all were here, the Commission, I think made itself clear. And consequently, you all came back and Father has a point. This should have been brought to the Planning people before being brought to us. So consequently to that, I think that it's only fair that if two members of this Commission.... mr. Vazquez: If my memory doesn't fail me, what the Commission told us to do was to do the plans, talks to'the neighbors and satsify them and come back to us. I didn't hearianything about going to the Planning Department with plans or anything lik� that. I don't remember. Maybe I'm forgetting something but that's what'was told to us. ,51 ist SEP 251980 4 Father Gibson: Sir, since I happen to be the guy that raised the issue, I want to make sure that you understand that we pay these people on the staff pretty good salaries. They are the authority, they are the professionals. And if we don't need them we ought to fire every dog gone one right now. The day I'm going to be the professional, I want your job and you come get mine. Okay? Mr. Lacasa: You will get an increase in salary, Father. (LAUGHTER) Father Gibson: At least I'll get a decent salary. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-715 A MOTION TO DEFER CONSIDERATION,FOR REQUEST OF CHANGE OF ZONING AT 7172 N.W. 3 STREET AND 2165 N.W. 2ND STREET TO GIVE THE DEVELOPER THE OPPORTU14ITY TO SUBMIT REVISED PLANS TO THE PLANNING DEPARTMENT FOR THEIR RECOMMENDATION TO THE CITY COMMISSION PRIOR TO THIS ITEM BEING CONSIDERED ON OCTOBER 3, 1980 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. Ferre NOES: None ON ROLL CALL: Mr. Carollo: We're only voting on deferring this for the following meeting, correct? Mr. Ongie: Yes, sir. Mr. Carollo: Yes for a deferral. Mr. Lacasa: Yes for a deferral. And what you havq to do is simply to take your plans, and your'new situation as you are proposing that, to the Planning Department so that can in turn review that thing and send a recommendation.to•the City Commission so next time the City Commission meets they have the recommendation from the Planning Department, in advance, and the Commissioners know what to... Mayor Ferre: I vote yes. Dick, to you sir. The neighbors being human beings that a concern with their neighborhood are not going to pay attention to what these people are going to recommend and they're not going to answer their phone calls and so on. Would you take it upon yourself to call the neighbors and ask them to come in and discuss this so that they'll have an opportunity also to see from you what it is that's being proposed, so that when they come back they've also had the chance to see it. Okay? Mr. Whipple: Yes, sir. Mr. Perez: Mr. Mayor, to, clarify. This is being deferred to the October 23rd Planning and"Abning meeting? Mayor Ferre: That's correct, air.' ��2 SCP 2 51980 ist 0 65. FIRST TL'ADING ORD11%-V10E: C U',11Gr 7,014I1,1G CL?'.SSIFIC VO.T0r1 230 S. W. 57th !Vr:?UT, FRO11 R-3 ..0 C-2 Mayor Ferre: All right, we're now on item number five. Counselor, have you got one picture? All right, .if you open up the picture You will see that the other one is inside. They're both there. We're now on itein number five which is an ordinance on first reading. Gabriel Volante to change the zoning on 230 S.W. 57th from R-3 to C-2. The Planning Department recommended denial, the Zoning Board recommended approval seven to zero. Is the applicant here? Are there any people in oppoistion to item five? Are there any opponents? Is there anybody here in opposition to item five? All right now, quickly can we get the departments recommendation? Mr. Whipple: The Planning Department did recommend denial. We do not feel. there is a need for additional commercial zoning in this area. There are been no changes in the area which we think would suggest a change of zoning. We did suggest in our fact sheet that the property could be used as a transitional use as it abuts commercial zoning, for an R-C or office.use which we think would be compatible with the area. So therefore, we recommended denial of the requested change. Mayor Ferre: It is presently R-3. Right sir? Mr. Whipple: Yes, sir. Mayor Ferre: Would the applicant... Mr. Gabriel Volante: My name is Gabriel Volante. I reside at 3160 S.W. 117th Avenue, Davie; Florida. My sister Nancy Penzie are co -owners of the vacant lot in question tonight, which is located right next to a parcel zoned C-2 and containing a Twin Oil Service station at the corner of S.W. 57th'Avenue and 2nd Street. I'm sure you are all aware of this location. It's just south of Flagler Street. Just recently we completed a'total renovation of this station, having removed all the dirty type facilities such as tire areas and repair facilities. These photographs of another as yet unremodeled station will give you an idea of 57th'Avenue'stations former appearance and will depict the extent of remodeling and cleaning up that we have done. We've put in lovely landscaping, as'you can see, on all sides of the location. From the picture of the remodeled station on 57th Avenue, one can see we have truely enhanced tyre area. As a matter of fact, I think we are the nicest and cleanest looking business in -the area. Many of the neighbors have complemented us on our actions. Our intentions were to upgrade, and I believe we,have done this. The vacant R-3 lot has been right next to this C-2-parcel with the station all along. I have always tried to keep.it clear of growth, dump and parked cars. It has never been detrimental to the neighborhood. As a matter of fact, I found during my talks with the neighbors that many of them prior to having received the notices from the Zoning Board hearing always assumed it was a commercial lot anyway. In effect, it virtually has existed with the auroa, you might say, of C-2 all these years even though the paper reacts R-3. Most of the surrounding property owners built or moved there when the station was rather unsightly looking thinking this lot was commercial too. We seek'the zoning change on this lot to C-2 in order to unify our parcel.. .Since this small lot is limited to the business area of 57th Avenue, it would not infringe upon the single family area to the rear....'Al 0, since 57th Avenue is already developed, this is not a case of s£azti�ig a chain reaction because this lot 3.s contained. If some day I choose to'do something with this lot, you can be certain it would never be' to the detriment of the neighborhood for two 153 S E ° 2 51980 ist Mr. Volante (continued): reasons. I have put in too much time and money, and effort into upgrading the service station; and second, I would not want to ruin the good rapport I nog have with the neighbors in that area. And should you grant this petition, it would truly not. infringe upon the R-3 area to the south since it is fully developed already and there has been a C-2 type feeling of existence to this lot all along. Only on paper would a change be realized. The lot has ... it does feel like a C-2. You also have pictures depicting the various types of businesses on 57th Avenue at the present time. They include an auto service which is almost directly across the street, an electrics company, security systems company, ornamental iron works, plumbing supply, flower sales, a construction, a lawn mower service, and so on. Also included are pictures of the rear of some of these businesses which our neighbors have been exposed to for years. I would like you to contrast this scene with the nicely landscaped rear of the station. 57th Avenue is a combination of C-2 and R-3 areas all up and down the strip. This area has been very stable as far as zoning is concerned. It is our belief that taking a lot which as the auora of being C-2 all along and changing it to that would not affect that stability. As far as the property values are concerned, I believe we have already enhanced them and that we will continue to do so. On the east side of 57th Avenue, the property at the corner of S.W. 2nd Street and 57th Avenue is zoned C-2. And the street itself is almost directly across from the lot in question. This C-2 zoning proceeds north to lst Street where it changes to C-4 as one approaches Flagler. On the west side of 57th Avenue on the same side as this lot, we have a C-2 property which contains the service station. This C-2 zoning goes north to right about across from S.W. 1st Street where C-4 begins as you get to Flagler. The R-3 zoning is to the south of the lot and these lots are already developed.for what they are and will probably remain that way for years. The lot in question is forty-six hundred square feet. There has been talk for some time now about widening 57th Avenue. 'If dedication is ever given, we will have a total land area of forty-two hundred square feet. Considering setbacks, should anything be planned for this lot, we will be dealing with something like a postage stamp. It will be difficult to build something of a a decent size on this lot. Indeed, building would be difficult under any zoning. it is rather unrealistic though, I believe, to think that the property is desireable in terms of its current R-3 zoning, not with a gas station right next to it. It has for many years been next to the C-2 property, and indeed seem to fit into the commercial category more so than the residential. Zoning such as C-4 or C-5 in deed, are to liberal and would even amount to spot zoning. An R-C type of zoning is also impractical for the following reasons. It too, creates a spot zoning situation: Due•to,thO fact.ihat this is such a small lot, I cannot see some of the permitted uses on the R-C being possible. Under R-C with conditional use approval, should we get it, there are some other uses permitted. However, these uses are also impractical in this location and would be questioned even if they were proposed for a property with lots of room. Mayor Ferre: Wind it up. Mr. Plummer: You've run .out of time. Mr. Volante: Well Mr. Mayor, Commissioners, this thing was rather lengthy. But I think the best thing going for me is the fact that we went out in this neighborhood in a three hundred and seventy-five foot radius, and we talked with many of the neighbors as we possible could. I took along with me my Spanish supervisor, and if we ran into a latin household who did not speak-fludnt English, then of course, I had him tell the person exactly what we were trying to do. As you can see by the diagram, we made a valid attempt to explain to these people what we were attempting to do. And I think if you look at that projection, they simply concur- with the fact.:. Mayor Ferro: Okay. 34 SEP 2 51980 ist Mr. Volante: Thank you, Mr. Mayor. Mayor Ferre: All right, any objectors? Any questions from members of the Commission? Mr. Plummer: Yeah. Consideration that the yellow lot be included in the total application. Mayor Ferre: Say again? Mr. Plummer: That the applicant consider including the yellow lot which he also owns in this application. Mayor Ferre: Can we do that legally. Mr. Perez: The application is for the yellow lot. Mr. Plummer: Excuse me? Mr. Perez: The application is for the yellow lot. Mr. Plummer: The yellow lot only? It's reversed? Mr. Perez: Only. The blue lots are already within the commercial zone. Mr. Lacasa: The blue lot is already C... Mr. Plummer: .What I'm saying is tie them together. Mr. Perez: He would have -to volunteer. He would have to volunteer that to the Commission. Mr. Plummer: I'm asking, would he consider? Mr. Volante: Well the purpose was to unify the parcel. Mayor Ferre: The question to you is, are you willing to ... what is that called? unity of title. Mr. Perez: Proffer conversant. Mayor Ferre: Proffer covenant that does what? Mr. Perez: Tying the whole property under unity of title. And the covenant will be to maintain that property under unity of title. Mayor Ferre: I see. In other words, he couldn't separate it. Is that legal? Mr. Percy: Yes, sir. Mayor Ferre: Do you volunteer to do that? Mr. Volante: Yes. Mr. Lacasa: I move. Mr. Plummer: Second. Mayor Ferre: All right, h.here is a motion and a second, under the stipulation and your volunteering to do that. Mr. Plummer: Well that's subject to your volunteering your letter of that commitment to the City;Attorney.' Mayor Ferre: On second reading.' Before second reading. Father Gibson: What does thAt.mean? ist 55 SEP 2 51980 Mr. Plummer: Father, it assures that at no time will be try to put a spot thing in there. It's title of unity. Mayor Ferre: Okay, there's a motion and a second. Read the ordinance. (AT THIS POINT, THt CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC P.ECORD) Mayor Ferre: All right, on first reading 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, BLOCK 1, WEST LAWN (9-3), BEING APPROXIMATELY 230 SOUTHWEST 57TFI 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 DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; C014TAINING A REPEALER PROVISION AND 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: Corinissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: None 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. 66. DENIAL OF APPLICATION FOR CHAVGE OF ZZONING: 4650 11. W. 7TH STREET Mayor Ferre: All right, i.tem'six. James Navilio to change zoning on 4650 N.W. 7th Street from R-3 to C-4. Is the applicant present? All right, sir. Would thb,Planning Department give us the reason for their denial? Mr. Plummer: Is the applicant here? Mr. Whipple: Yes, he is. Right behind me I believe. Mayor Ferre: He':s right behind Whipple. :1-:' *,'hipple: Mr. Mayor, 1. think the graphic on the display fairly well .indicates our problem with`t is requested change. Mayor Ferro: Oka lets Dear from the applicant. That's the best y, � r h pp explanation ,you've given us tonight, Dick. I want to tell you. ist IN AEP 2 51980 Mr. Plummer: What did he say. (LAUGHTER) Mr, Navilio: The whole area is going business and there is shopping centers being built now across the street and about a half a block away from my corner home there. And the whole ares is just going business. I think we should try to get this zoned for business. Mr. Plummer: Well. but what do you want to do with it if it were to be zoned? Mr. Navilio: Well I'm in the appliance business- now. I have a store on Miami Beach and I want to put a .little small appliance store there. sees in my old age I want to settle down. Mr. Plununer: Where does the R-3 stop there, Dick. Oh, it's all R-3. Mayor Ferre: R-3 wraps right around. Mr. Plummer: There is no "C" on that side of the street. Mr. Whipple: Not or: this side, no, sir. Not on down until Lejeune Road. Ar. Plummer: This would be opening it up. Mr. Whipple: Yes, sir that's why... Mr. Navilio: Well there is business across the street from Lejeune Road to 57t.h Avenue, and then south of the street from 57th Avenue to 47th Avenue. There's only about sever. homes. Then you have from that corner all the way to Lejeune Road all business. Mayor Ferre: 01cay. Are there any citizens here who wish to spear: against this? Anybody in opposition? (INAUDIBLE COMMENT FROM THE AUDIENCE) Mayor Terre: We need a translator. Don't have a translator? Well what's wrong with him. Ms. Felicita Peizo (THROUGF.. A TRANSLATOR): My name is Felicita Peizo. I live at 4601 N.W. 5th Street.. I have been residing at that address for eighteen years. In our block between 47th Avenue to 44th Avenue, we don't have any commercial uses. And they do not agree to have any commercial activities there at this time. Crossing 7th Street, there are several commercial uses that have been established recently. And crossing 47th, there are some other commercial, uses and we have had... Mayor Ferre: All right, what's the will of this Commission? Mr. Plummer: I move to uphold both the Planning Board and the... Mr. Lacasa: I second. Mayor Ferre: All right, further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOT1014 NO. 80-716 A MOTION UPHOLDING VIE RECOMMENDATION OF THE; ZONING BOARD AND THE: PLANNING, DEPARTMENT TO DENY A REQUEST FOR A CHANGE Or ZOiIING AT.4650 N.W. 7TH STREET 4.1 . (CONTINUED ON NEXT PAGE) 1V7 7 ^ 51.900 ist 6 it" 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 Commissioner Joe Carollo Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None 67. DISCUSSION :AND DEFE141RAL OF PrViISSIOM To MODIFY ZFnUIPr11EN''S DEVELOPMENT OF REGIONAL ItTACT - MASHER CENTER C� Mayor Ferre: Seven A and seven B Commissioner Plummer: No way Mayor Ferre: What? Explain yourself. Commissioner Plummer: I've got seven that's all I've got. Commissioner Carol.lo: See if you. —you were to receive your a... Mr. Jim Reid: Commissioners, commissioners, remember. Commissioner Plummert Oh wait a minute, wait a minute, a whit a minute, yeah, I stand corrected. Mayor Ferre: Seven B is a application by Raymond D. Nasher for modification of crime and so forth and thirty four and three four B of the City of Miami Charter to permit construction of a development Regional Impact Fire Department recommends it for approval subject to the conditions that all retail space along the Bayfront be oriented towards the 'hay with stairs and boardwalks and 'Zoning Board recommended approval as amended five to one. There are two objectors present. This matter was delayed at the last meeting and do the Chair recognizes the administration for an explanation of their recommendation? Mr. Reid; SKr. Mayor, members of the Cortmiission you really have before you two inter related issues with respect to the Nasher...proposed Nasher Plazr, Development. The first is the issuance of a development order that was a carry over from your Last meeting and the second is a modification of the provisions of the Waterfront Charter Amendment as they applied to this development and the second part of that zoning action is a request for a variance on parking. I would like to first review the development order, everything is important to put that into context. The development order has been the subject of.a staff analysis by the South Florida Regional Council and they recommend approval of the development order, they basically a.. the development order deals with offers in the amount of two hundred sixty five thousand five hundred and twenty five square feet and thirty five thousand seventy six square feet of retail, fifteen hundred and ninety two parking spaces and a fourteen story tower. The council's estimates estimates three hundred and fifty construction jobs will be generated by this development and that will be ... there will be an excess of an thousand of permanent employees in the site and some of the five hundred and sixty of these employees will represent new jobs, the tax benefits to the city is a new tax shield on the land of a hundred and sixty thousand five hundred and fourty two dollars per year. We have evaluated the impact and the conformity impact of the proposed development under the terms of the DRI Review and the conformity with local state and regional plans and recommend the approval of the development order with two major modifications. One major problems that have been identified in this development is the problem of traffic access in circulation and you maybe recall in the development order that we have provided to you there are some seventeen improvements that are mandated to both the City and the developer with the sole objective of improving traffic flow. We think these are good improvements the chart that I have on the bottom here illustrates some of them and we have suggested to you they are important to be incorporated in the development order. It also makes i.t incumbent* upon the City to .in the Grove... in the Brickell area review the relationship between future land development and our transportation system. A lot of development have been coming on line on Brickell we want to make sure that the a ...the a roads in there —there the people who have connections, the parking policies are there as it is necessary to deal with future development. So one main issue is delt with in terms of seventeen conditions and that's traffic access and circulation. The second main issue that is delt with relates to access tp Biscayne Bay. In terms of the bay access.., question I would like to ievieia for a minute the current situation as it relates to the development. Basically here is the subject to the J.rJ9 SE o ^ r db it property right here that ... for 0iich the both development order and the zoning is being sought. The City has a acquired from the developer of Ri.verpoint the agreement to provide a river walk Qoine in front of his property In ... at the time that that agreement was gained, you may recall a developer got certain ... a number of bonuses in terms of the development and also a rAR variance, so with the...with some things happens here with respect to the City's action on that proposal, On the Holiday Inn the developer has agreed to develop and maintain a river walk and to set the river walk or bay walk and set it back... his building back fifty feet from the bay. There is no provision at the present time for City approval of landscape plans or if you will criteria for the quality of that baywalk but we do have a continuous bay walk to this point. Here we run into Brickell Park which of course that we could construct our own bay walk if it is seen as Is desirable and if funds are available and here again is the frontage along the church from here to here... Mayor Ferre: Has the the Presbyterian Church given us the right between the bay walk and on their property? Mr. Reid: We have talked to the Presbyterian Church and our pursuing with them the possiblity of twenty foot easement or dedication to the City in terms of the availability to cross their property number one and we are pursuing with Senator McKnight in Dade County the possiblity of Funding the bay walk on the city's property and on the church property with a fund that set aside for bay access and improve- ment in terms of Biscayne Bay, Mayor Ferr.e- Is that the thing that we sire gutting the Noguchi project? Mr. Reid: Well that's...the ,Noguchi pr.a•iect could be one of the projects funded from that source, there's nine hundred thousand dollars and T think Noguchi was seeking something; like two hundred thousand from that nou•rce, so it's pousible. Mayor Ferre: Well this not the subject tonight but Jim may I...may I plead with you please to coordinate these things between the DDA and yourself so that we don't tend up getting the act decisions that I'm sure are not true that there are same people gutting the Noguchi project from within the City's administration, Mr. Dick Fosmoen: And we also have to coordinate with Senator McKnight who hag some particular views. Mayor Terre: Senator McKnight has already been called by Senator Pepper and by the Mayor of Miami and got straight on it. Mr. Fosmoon: fine, then we don't have a problem, Mr.. Reid- Well this certai.nl.y isn't our intention ..but I was ;just saying that the ... we do own the park and we are talking to the church in terms of securing that segment, so the last segment is the hopefully would be the segment in front of the Nasher Plaza development and I've shown on this map the current condo and hotel employment and guess populations and the current office populations In each of these areas that are marked out in red so you can see in terms of looking at pedustriAn access how important the access to the bay through our part at the mouth of the Brickell Bridge and this focal point is to the population that would be working in the Brickell area, and assuming that the development goes forward and the Mass - Mutual property which is the vacant property right here we would have a resident day time population there, a resident work force of twelve thousand seven hundred people with access to this bay walk which I think is .important. A couple of other comments that I thank should be made on the development as proposed and then w�- would n:w-,',I ;Toning case, The development as proposed... did provide for a fifty Boot set back along two third of the area adjacent to the bay There was twenty foot back proposed in the area that I understand was formally dug out for Marina and of course under the present environmental policy it's very difficult to 0 160 S E P 251980 db 0 0 fill, so basically the developer was proposing a fifty foot set back along two thirds of the site number one and number two the frontage of the bay was to be retail frontage not as garage there's been a misunderstanding here that we're attempting to plunk a garage up there. The actual frontage on the bay would be for retail usage. In the development order we have suggested four things with respect to the bay walk. Number one the developer must submit landscapes plans which is not just a general proposal now and we let it fio. Number two he must provide and construct the walkway. Number three he must dedi— cate a twenty foot wide public easement and number four he must pro- vide for perpetual maintenance. The Mayor last time raised a question with respect to the design there's key entrance point to the bay walk and as I understand that's going to be dealt the developers testimony and of course it was one of the .features that we would review in detail as detail Landscape plans are submitted. So to sum up with respect to the development order we are recommending approval of the development order with the conditions as attached relating to the primary problems of traffic access in circulation and access to the bay. Now I. would like to take up the second matter be— fore you and that is the modification of the Waterfront Charter Amend— ment and this a modification that have been to the Zoning Board and has been recommended to you by a five to one vote, that vote of course is advisory because under the terms of the Cha3rter. Amendment it is the sole authority and responsibility of the Cormnission to decide if sufficient public benefits are provided in the form of direct public access, public walkways, plats of dedi.eations or other comparable benefits which among other things "provide a better urban environment to allow you to modify in terms of the Waterfront Charter Amendment". Mayor Ferre: I noticed you haven't talked about the see through provisions. Would you give us your opinion? Mr. Reid: I intend to Mr. Mayor. I'm just about to wrap it up. With respect to three features of the Waterfront Amendment. First is the requirement of a bay view corridor twenty five percent of the side yards. The Nasher Plaza developers have asked for a variance in that to permit development of a twelve percent side yard sea through. I would like to make three points with respect to that. Number one the pedestrian view from Biscayne Boulevard...Brickell Avenue rather to the water is not passible at this point. Mayor Ferre: Why? Mr. Reid: I walked on ... just because of the heighth of the sidewalk and the perspective of the water in relationship to the sidewalk. I walked personally on Wednesday if I could make my point, and the visual perception that one gets is that Claughton Island is ioined to the main land as you walk down the sidewalk on Brickell Avenue. Mayor Ferre: In other words what you're saying is that there is no visual impact because there is another building at the other end? Mr. Reid: No there's no building . There is currently a parking lot there. Mayor Ferre: Well there is a building on Claughton Island which is the other end and therefgr you can't you see the water, is that what you're saying? Mr. Reid: Well you see....no I'm not saying that, what I'm saying is that on the horizon the perpective is as you look out you... the onl thing you see is sort of the a ...just approaching the water line at Claughton island and the development of Claughton itself. There is no visual perception that you're looking at the bay from the sidewalk and I did walk it myself,. oth••in front of the proposed development and in front of our park. Number two that the view corridor that's s ally inipoiCant here I he view corridor that's provided for the people who are in these two office. There's the ones whn have the chance to view the Bay and the offices accross the street and 161 C EG 2J1 %r-'. 1('` 0 it twenty...fourty seven percent of that view corridor is available to people across the street and by making the garage higher and setting it back if you will further we will be taking a floor and a half of view corridor away from the people who currently occupy the Flagship Building who would occupy the Nasher Plaza Building and who would be the present and future occupants of the building acruss the street. So I think those are important points... Mayor Ferre: In other words what you're saying is that if they go from twelve percent to twenty five percent that forces them to go one more floor in their parking garage and therefor the bulk of it goes up and since you're not seeing anything through, in fact what you're doing is denying somebody at that next level aview to the bay Mr. Reid: That's right if the elevation of fourty feet...forty eight feet you're denying people a view of the bay and finally as I understand It in the proposalto be presented to you tonight there is a substan- tial walk way to the bay for a portion of the structure that is in the view corridor so there Is a benefit in that respect. Basically we feel that the modifications that are suggested are in the spirit of the Charter Amendment that relates to provision of a better urban environ- ment and recommended to them to the zoning Board and they have so been recommended to you the evening. The third and final issue is the variance on parking we have suggested the variance on parking be provided because there is a restaurant in the site and that restaurant we feel will attract substantial walk in traffic during the day, it will not have the normal parking requirement and that in the evening there is certainly ample parking because the office workers have left. Now I understand that there are substantial. modifications to be taken up tonight... Mayor Ferre: It isn't that much the parking... Mr. Reid: No it...we're talking about twenty eight spaces in terms of Mayor Ferre: Out of how many? Mr. Reid: Out of sixty... fifteen hundred and eighty. Mayor Ferre: Out of fifteen hundred and eighty you're talking about twenty eight spaces less. Mr. Reid: Yeah. Alright, I would like to do one more thing Mr. Mayor in germs of making the information before you complete. At your last meeting when you took up the development order you received a development order that we recommended some revisions that were suggested by the applicant that we had no problems with because they really related primarily to the applicant paying more for the facility that if we had listed in the transportation map and an issue...a third issue arose regarding the applicant and the owner of the hotel Inter Continental Miami, and I would.like to read it into the record two paragraph that have been reportedly agreed to by the applicant and Carl Hoffman an attorney for the hotel Inter Continental Miami and the Massachusetts Mutual Life Insurance Company.so that you have before you the complete text of the development order. On page five the applicant and the owner of the hotel Inter Continental of Miami shall jointly prepare a re -striping and marking plan for Southeast Bay Shore Drive then transmjt the plan to Dade County Department of Transportation and Traffic for approval. It is further understood that the City will not issue a certificate of occupancy for Nasher Plaza until the restriping work has been inspected and approved by the City of Miami Public Works Department and basically that deals with the segment in front of the Inter Continental Hotel. The second paragraph deals with the intersection of southeast eighth 4treet and South Bay Share Drive and a presignal, that was sought by the hotel and they have suggested a clause the City shall recommend to the Dade County Department bf Traffic and Transportation that signalized traffic controls be inst l.led at the intersection of southeast eighth " eet and South Bay Sher Drive ("the intersection)by DOTT when warran- ted and in connection th rewith shall include an advance signal (presignal) approximately ninety foot south of said intersection, The cost of same will be borne by the owner of the hotel to the southeast of said intersection the cost of the controller mechanism of the 162 SEP 2 0 ri9anOw db 0 it at the intersection shall be borne by the applicants so in this,e4s.e. they're suggesting two signal modifi.cat:.ons that they have agreed tQ pay for. Mayor Ferre:' Alright thank you very much. Mr. Traurig. Mr. Traurig: Mr. Mayor, Mr. Vice Mayor members of the commission my name is Robert H. Traurig, I am attorney with office of 140.1 Brickell. Avenue and I am very pleased that Mr. Reid is articulate as he is because lie has told our story extremely well. Before I proceed with a full discription of the changes that we now suggest and the explaination that you sought I'd like to amplify what Mr. Reid said regarding the improvements that have been worked out with the Inter -Continental Hotel. As recently as around six thirty last night representatives of the hotel met with us, called our attention to a third matter, which they indicated required some relief and I'm pleased to advise you that in addition to what Mr. Reid has already called to your attention we have also agreed to the following additional language and I'd like to read this into the record and make this a condition of any resolution in favor of this project if that be your will later on, and that is that the applicant shall participate and contribute a pro-rata share to the installation of signalization at or near the garage exit of the hotel Inter Continental Miami at southeast eighth street and Glaughtun Bridge if warranteed. I want to call to your attention the fact that when we talking about the Inter - Continental traffic flow, we had failed to take into consideration that when traffic leaves the wimp in order to get into the parking garage which is underneath it has to make a right turn at the trail and go a little bit east and go into the garage near the entrance of Claughton Island Bridge. In exiting from that garage there might be a traffic impediment From time to time and they called that to our atttention a.no we wa<« 4o help work that out and then the next thing says that the City shall recommend to the DOTT to study the need for signalization at or near the garage exit of the hotel Inter Continental Miami at southeast eighth street and the Claughton Island Bridge and to install such signalization if warranteed, and to request cost participation from future developers contributing to the traffic impact on southeast eighth street at or near the garage exit of the Hotel Inter -Continental of Miami.. We are prepared to pay our pro- reta share we expect that others will pay their pro-rata share to have the same kind of advance system, warning system light system or other signalization which -may be for the benefit of t�►e hotel. Approximately ten days ago, that is last monday night when we met with you, you were taking into consideration at that time only the development order at that time it was reported to you that the South Florida Regional Planning Council had approved the application for development approval, it had come to the City, it was then recommended for approval by your Planning Department, it was then recommended for approval by your Planning Advisory Board and it was here. A number of questions were raised at that time and the questions that were raised primarily related to those matters involving the traffic at the hotel Inter -Continental and also the matters which Ms. Waldman brought to your attention and I want to publicly commend her for calling attention to something which we hadn't noted and it hadn't been noted by others who had reviewed the plans up to that time and that .is that was a serious problem in getting to river walkway, and so therefore we immediately began to review the problem and how to 'solve the problem. We also as result bf the directions given to us by this Commission and each member of this cotmission met with the representatives of Massachusetts Mutual and motel Inter -Con- tinental and we worked on the traffic problems which have now been resolved as reported to you, I would like to show you a series of pictures which depicted all the things that were called to your attention . last week,with what we think are solutions to the problem, What you're l.doking at in front of you is really an aerial prospective. This is t,�e garage this is what creates the view corridor situation it is really not as imposing as it looks because you're looking down on it, if you were•lndking from the water what you would be looking would be the shots in the garden along the bay walkway system, you would not be looking at this structure you would just be looking at this side elevation and that would'be all in landscaping and these are the two db i buildings. Now this is not done exactly, for example this river rather bay walkway is not as wide as it will be and I'll show you the real picture in just a moment. It was called to our attention that there was a serious deficiency in the width of the bay walkway that the bay walkway has always been contemplated to be fifty feet wide and that there were points in our property in which it was less than fifty feet and there was never any intention on the part of the applicant to thwart. the objectives of the ordinance and the problem resulted from this unusual configuration of our easterly property line. As you can see this is our north property line this is back of the church line and city park property and we have a bulkhead at this loca- tion opposite Claughton Island but just a few feet from southeast eighth street there is an indentation resulting from the fact that it has never been the title ...in the title to the Brickell family had never been filled in, never been bulkheaded and this is a water area so when we drew our line for the river walkway we came from around fifty or seventy feet at this location, we came straight down and at this location on the south end of our property we were only around twenty feet. Our average was close to fifty feet but in fact at some location we were only about twenty feet. So that you can see what our problem really was is that this was how our property looks at the south property line, that's not what it's going to look like after we complete our improvements but this is the present conditions as of this week at: this location. This being the Claughton _Island Bridge this is the garage entrance to the Inter -Continental that_I spoke about and this is where our river walkway will be located. Now we don't own this, we don't have title to this, we can't fill this, we can't increase this area of our property... of the property unless you would support us and other would support us in seeking that opportunity by getting a deed from the State to fill this in and put the walk way there but I know that Marilyn Reid with whom I spoke with earlier and others don't feel that the public would benefit by filling this in. Therefore, we await the directions from this Commission and we hope that we can prove our good faith to you by doing anything you ask us to do and we're prepared not to fill it in or we're prepared to fill it in but nevertheless we're going to have a fifty foot walkway throughout our entire easterly boundary of the property. I would like to show you what it would look like. Mayor Ferre: I'll tell you Bob, would have your associate or somebody put them down here so that members of the public whom seems to be interested can also see along with us. Show them to us and then... Mr. Traurig: Actually our river walkway from the trail north- ward will look like this, this being the water that you just saw with all that debris and whatever else maybe there. Commissioner Gibson: What is that green? What's that? Mr. Traurig: That's a... this is of course just an artist rendering father but... Commissioner Gibson; I see, I see, ok Mr. Traurig: What we propose here is to enter the river walk at grade the bay walk at grade from the trail in this location and this fifty foot widb throughout and then it would circle and come over to the north in this area rather than here so actually it would go a little bit eastward and then continue northward but it will be fifty feet throughout and what we would have done in order to accomplish that is to reduce the size of the shops and reduce the side of the reataurant'and by reducing the size of the shops and reducing the size of t}1e restaurant couple of things have occurred. Unfortunately we won't be able to accomodate as many people who take advantage of the bay walk In the bay city but we will have reduce the need for park- ing spaces so we don;t have to ask for any variance for parking and we will have complied,, ith the fifty foot requirement which would have '' '' ' ,.:� A. had _% ned the water and could have filled it but, nevertheless we'.now have the fifty feet these will be shops and we will try to accomodate it that way."This is the over- 164 sEP 2 51980 db lay on that area showing exactly what I just showed you, we will enter from the trail and we will have this configuration of walkway. Just to give you an idea exactly what's in'.that water at that location this is a blow up of one those pictures you just saw. Now I have some other detail drawings but I. think I have given you the picture. Mayor Ferre: Ok does that conclude? Mr. Traurig: I talked about the traffic issues, I've talked about the access to the bay walk which was a serious issue raised by this Commission. I want you to know that there's two other ways you can get from this to the bay walk, one way is that you come across from Brickell Avenue on the second level and take the stairs that we've provided down to it and... Mayor Ferre: Bob that's all a mude point now because you've solved the problem as far as the bay walk is concerned so why you know ... he's got a fifty foot wide bay walk that's solves the requirements of the law. The fifty foot walk is what? Mr. Traurig: (INAUDIBLE) Mayor Ferre: We're not talking about the view corridor at this point alright go ahead. Mr. Traurig: I think Mr. Mayor in view of of the fact that you indicated that you understand our argument: that I will rest at the present time I know others would like to be heard, we like the opportunity to request I would like all of these exhibits to become part of the record and I'm sure that you'll except it as part of the record and we'll await the opportunity to speak in just a few minutes, thank you. Mayor Ferre: Alright lets hear from the opponents. Mr. Carl Hoffman: Mr. Mayor could we complete the stipulations? Mayor Ferre: Yes sir. Mr. Hoffman: Mayor Ferre, and Members of the Commissions my name is Carl Hoffman, I am an attorney with office at 101 East Flagler Street, Miami, I am the attorney for the Inter -Continental of Miami, and just to keep the record tonight the Hotel Inter -Continental of Miami is a joint venture composed of Massachusetts Mutual Life Insurance Com- pany and Inter -Continental Participation of Florida which is subsidi- ary Pan American World Airways. I will start off by saying that we have reviewed the plans and as we mentioned to Commission previously we as a neighbor to this property the south field that this proposed development now as amended to the north will make a great contribution to the City of Miami and this bay area we are very happy with it. Secondly the concern'we had previously was with the traffic patterns and the signals in the area and we've had several meetings with developer his representatives and we have now worked it out and on the record I will now complete the stipulations that was read in the record by Mr. Reid and Mr. Traurig and state that we so stipulate, thank you your honor, thank you members of the Commission. Mayor Ferre: Alright. Now the opponents. Ms. Janet Waldman: Janet Waldman, 1901 Brickell Avenue. First of all I like to thank the developer for providing the fifty foot set back as he was required to do however, I would like to point out to this Commission that there are still serious problems with the Mayor has characterized as the most serious problem with the bay walk and that is access and I would like to use the exhibits of the developers to demonstrate those,problems. Mayor Ferre: There's ar� overlay also. Ms. Waldman: Yeah but I just need these two I think. First of all if db �.65 SEP 2 51980 you look at the actual photograph and pel•haps you will recall from last week we talked about the fact that you couldn't walk on to then fifteen foot bay walk without going either over the bridge as it's demonstrated here or without cro-ssing the drive in teller facility. Now, as I understand it... (INAUDIBLE) Ms. Waldman: Yes. Mayor F'erre: Ok, and there will be steps at the appropriate slope and all that so that people with wheel chairs can go down? Ms. Walden: With all due humility I don't think that access across a bridge where the developers shows cars lined up, where you would have to cross a bridge an actual functioning bridge is sufficient number one. Mayor Fer•re: Well Janet, 'I'll tell you, now that one is just totally off the wall. I'm ;sorry. Ms. Waldman: No, do you want to have to walk across a bridge in the middle of where there's traffic? Mayor Fer.re: Well how else are you going to have access? Ms. Walden: Well I'm going to show you if you will allow me to. I find that to be a problem and this is the first I've heard about other than what T. read in the paper, but if you would look at this drawing you will see that this is the same drive in teller drive way which as I understand it's to be left in the same place, it is to he part of the fifty foot set back, in other words your fifty foot is going to include your drive in teller drive way. Now, if you look here you will see ... please, I know you used them and now I'm using them and I appreciate the opportunity to. Commissioner Plummer: No Air, Traurig they're no longer your exhibits you surrend,sred them sir to the City. Ms. Walden: Thank you Commissioner Plummer. Commissioner Plummer: I didn't give you permission to use them . Ms. Waldman: I thank you for pointing them out however. My point is that it is impossible still to gain access to the bay walk without either walking across a functioning bridge that's going to have traffic and no light I assume, you're not going to put a light in the middle of a bridge or without going over the drive in teller facility and this sketch of how it's planned to be every if they remove part of this still makes it seem that the only way you could gain access would be by either walking over an existing bridge that has traffic or by going through this drive in'teller facility and I question removing any portion of this wall for safety purposes and I would like to see the exact dimension of what they're plagning to do before that is done so that I may have an opportunity to comment on it, so that I appreciate the fact that they're offering to make a fifty foot set back and I think that that's good but there's still an access problem, I don't think that access through a bridge, through a drive in teller drive way or through an indoor hall way that's necessarily going to be narrower than fifty feet provides the kind of.access that you were thinking about Mr. Mayor and that I was thinking about and that the Charter Amendment and the DRI Impact Study talks about when it talks -about access for the public and we were talking about according to Mr.' Reid access of twelve thousand seven hundred people who will'be working in that area. Thank you. Mayor Ferro: T-tme•sr I^^'* "nnt to get into an argument with Janet because I respect a great deal but let me say that the fifty foot set back has no requirements for.it to be a public access at all. All 166 db :. 0 wJ it says is there has to be fifty feet back... Ms. Waldman: I understand that. Mayor Ferre: ...And if they want to they can put up a fence and a wall and not have any public access so the fact that they've gone fifty a feet and also left it as a public access is just that much of bonus, there is no requirement in the ordinance as it was passed for public access: Ms. Waldman: That's why I was here last time Mr. Mayer which was not dealing with that Charter Amendment but was dealing rather the develop- ment of Regional Impact Study which does deal with public access, so what I'm telling you is it appears that they have met the Charter Amendment on the fifty foot set back portion however, as far as the public access portion of the DRI is concerned I do not believe they have met it yer. Mayor Ferre: Does the DRI require public access along that walk way? Ms. Waldman: It's my understanding that they do. Mr. Traurig: Mr. Mayor we have the public access, we had it three places, we had it where I showed it to you, which is right here. Ms. Walden: Which is through a bridge. Mr. Traurig: We have it by going up one story, Mayor Ferret Yeah and then coming down the stairs. Now we've been through it, you can go up through the building and come down the stairs on the side and you also can come down the Brickell Avenue and so on, ok. Ms. Waldman: Mr. Mayor one of your objections last time was that you thought that the only way to have access was going to be through a building and you said that was unacceptable, I still find that unaccepta- ble. Mayor Ferre: Yeah I do to except that I see a very major change and that is that I seen access from the sidewalk, now the fact that there happens to be a bridge in the street there is something that I don't think anybody can change. Now can you change that. Ms. Walden: Well they could make their ... where it curves around on southwest eighth street they could curve it around further and make access in front of the bridge unstead through the bridge so that people won't have to walk up on to the bridge and then down with danger like that. Mayor Ferre: Janet I'll tell you, I think just,..you know ...I think what they've done is fine and I for one have no problem with that, now there is another problem and that's this ... the view corridor and I think that's one that I would like to see addressed at this point. Ms. Waldman: I believe Mr. Paul is going to address that. Mr. Dan Paul: Thank you, my name is Dan Paul, 1300 Southeast First National Bank Building. I want to talk about something that I think is more important than just the plan of this building and that's the Charter Amendment itself and what the whole purpose of it was. We spent a lot of time both with the Downtown Development Authority and with the Chamber and other things and all our concerns has been focused on building new buildings and it seems to me that we haven't put the proper amphasis on open spaces as an essential element of this revitali- zation plan and I th111k11 .that diagram that now stands on the easel illu- strates exactly lobar T'fi t^'ttin;, -0­­ "'- :!+rpose of th''.s Charter Amendment and I• going to read you the language directly from it in order to preserve the City's natural scenic beauty to guarantee open spaces and to protect the waterfront. Those were the three purpose set forth in the Carter Amendment. It provided for the twenty five percent set ba ,, n either side and for fifty foot set SEP 2 51980 db 0 6 back from the waterfront side. The last thing in the world that anybody ever contemplated or want to see happen was to build another garage on tite bayfront which is exactly what is being built here with a little tarting up at the bayfront side by sticking a few awnings and a few stores on it. Infact we we're so careful when we wrote Charter Amendment and this is your own planning director's language that in listing the five or six things that we were talking about that could give them the opportunity to have a variance from the twenty five and the fifty percent requirements we described the things and one of the things we described was covered parking up to the flood plain level because we absolutely didn't want parking above ground level, and only up to the flood plane level, it would be depressed if they were going to put parking on the bay side. Now it's an extremely important point here that the architect tells me in reference to the the twenty five percent view corridor that really makes it enormously important. If you don't grant the twenty five percent view corridor the second building can't go up where it goes tip, that building will have to go up somewhat behind into the side of this other building then you will have an enormous view corridor and to show you how poorly the Planning Director understands this I almost feel out of my seat when I heard him say that he walked up the street and couldn't see the bay, obviously the view corridor was intended as it says right in the Charter Amendment to accomplish a lot of other things. Light, air, breezes from the bay, Biscayne Bay adds a lot of excitement as well surrenity to our community, it's a definition of the space as well as part of the city space to say nothing to the cool breezes and the recreation and the reflections at night, if we have any urban charisma in Miami at all it comes from the bay and not these ugly glass boxes that the fast buck developers have raped the waterfront with and I see no reason, no reason to permit another violation by sticking that garage on the bay that is enough in it's self to turn the variance, the architect can be more creative it's just an attempt to get the last possible buck out of this piece of property as oppose to siting those two towers properly so that the public will have some access and some view and the breezes can come in from the bay. The structuring of the City's open spaces places an indelible and a permanent legacy on the city and it's inhabitants. You know ali over the United States cities are now spending efforts to reclaim their waterfront and here ours in this area hasn't been distroyed yet and now we're talking giving a variance to do something that cities allover the rest of United States are spending money to do. You know at museums we judge the past by the art that we see in it and people that come after us are going to judge this city by the kind of cityscape' that we leave to them and I strongly urge you and again the precedent that you set why, there's absolutely no...it doesn't even fit with any of the terms, the reason for granting this particular twenty five percent view corridor is that the improvement that 'is going to result by not letting the twenty five percent or forcing them to comply with the twenty five percent view corridor itself permits you to do this. Tell me please, what improvement you can see to the public wneel by letting that garage extend over the whole area of that lot: instead of forcing the re- arrangement of those towers and siting them properly and then we'll have a very large open space that will run through to the'bay and I think the river walkway has certainly been improved I agree that there's certainly problems of getting to it but those problems I think can be solved with the relocation of that drive in -teller window that's there, but one thing we must not forget and that is you know this so call walkway, if the developer goes through with putting retail shops along The front side of this garage that's a great benefit to him from point of view of providing pedestrians and customers for those particular shops but the most important thing here is Ow pr,rr,rt- T by , : tt°n: another ugly garage be sited d',lrectly on the bayfront instead of forcing some more imaginative arrangement of the buildings of that particular s db SEP 251980 structuring instead of the...the architect has said you can put the building back catty cornered from that other buildink and then vnu'11 have a vary large view plaza and I urge you strongly to turn down any exceptions to the twenty percent corridor on set back on either side. Mayor Ferre: Alright, nre there any other objectors that wish to be heard. Ms. Reid. Ks. Marilyn Reid: 1 would like to get it on the record since Bob Traurig brought iL up. Marilyn Reid, Coconut Grove for the Recorder Where the indent goes in where you've got a curvilinear front, I think that because this does exist and he doesn't have the land that this; treatment is offerings something that you wouldn't have with a straight sea wn1l.. It's offered a curvilinear effect, and I think it blends with the landscape and I don't. there should be any need to even Loot: at filling the bay because it's not going to be anything but a problem for the applicant. I think it's best as it is I like the design. Mayor F2r.re: Let me ask YOU a question. I only have one question with that and one prohlc.'.m and that is all the debris that goes into that goes into that cu.l-dry-sac Ms. Reid: That's picture that exist now the seawall is broken down, that`s what's causing that when you replace the seawall in there and the, .. there will. be a requirement for some rip r,in in front there and wot.ildn't make any different if the thing was straight you'll still have a requirement for rip 'ran you're going to have to live with this rip rap. It's in the state and federal law and you might as well face it. Mayor Ferre: I've got no problems with the rip rap the......,,., Ms. Reid: But, people say that that rip rap is collecting the trash and whether you lake or not this is going to be but I like the curvilinear effect that comes from the existing situation I just wanted to €,Ct that on the record. I think that's more atractive than just a straight seawall actually from the standpoint of waves coming in you're better off with that curve because the waves ... when you... if you had a slope there instead of a verticle it causes a rolling action from the tides that way if it's flat the tide hits it and causes erosion and that's something when you're developing that you should keep in mind from a monetary standpoint, You think of these things ahead time you won't have to replace them later Mayor. Ferre: Alright council. Mr. Traurig: Mr. Mayor, Danny has brought up some points that I think has to be answered. First of all he's talking about a developer who's trying to get "the last possible buck" I would like to call to your attention that in this district there is an opportunity to get bonuses for FAR and he didn't seek them, he didn't- ask for a variance of FAR, he didn't ask for a variance lot coverage, he didn't ask for a variance as to the side yard, the front yard set backs and so forth, he didn't ask fora variance as to open space and he's not trying to get the last buck, he is creatinp this fifty foot vista and usable open space for the public we're f;oing to create an easement on our plat which will permit the utili.•r.ntlon of this by the public in perpetuity and it will not he it garage on the bay as a matter of fact, when you look at the walkway as you epn see it in this artist conception and if you'll look at the garage with the landscaping on it set back fifty feet, at ql.l point you'll. realize that from the bay this is a beautiful view so we're not putting the garage on the bay and it's nor the objer.r.:ives to extract the 1-ist dollar from rh4G r;evel,onment. With regard to the•jus;ti.f.icatjons provided for in the waterfront ordinance I think i.t's important to -tract the words that Danny called our attention. It does say in order to preserve the City's natural scenic beauty and we're not disturbing that, to IV ntA 3uo db 5Ef ... �`.,CJ guarantee open spaces and we're creating the utilization of that fifty foot walkway and to protect the waterfront, we're not coming after the waterfront because we're providing this fifty foot set back. Then it goes on to say that the ordinance itself can be modified if you provide such public benefits as direct public access and we're providing it, public walkways and we're providing them, a!plaza dedication we're providing the easement area with plazas in it etc., and a better urban environment and public advantages, so we're complying with the spirit and the intent and the objectives of that ordinance and I have to thank Danny as the scrivener of the ordinance as the conscious of the community for urging this kind of ordinance for the benefit of the community and we're being faithful to it. With regard to tarting it up, I don't that what we're doing in the form of benches and park and -plazas and kiosks ,and open space where you could sit and have a soft drink - when you -re walking from the Inter -Continental to the Convention Center or back vice a versa or if the employees who work in the Brickell Avenue area want to take a walk during the noon hour, I don't that having that kind of open environment is tarting it up. I think that we're creating a very nice urban environment, and I don't find the language with regard to the view corridor relating to light and air and breezes from the bay. I think that Mr. Reid's explanations of the benefits to be derived from this kind of a plan is as adequate an explanation as any person can give, I urge you to follow his advice. the recommendations of his department, the recommendations of. your 'Zoning Board and Planning Advisory Board to approve all of the applications that are presently before ,you but in factthere are really on two. One is the development order as modified with the traffic modifications to support the request of Inter -Continental and number two is the modifications of the water- front ordinance, we thank you very much. Mayor Ferre: Alright further statements of any kind by anybody. Mr. Dan Paul: I'd like to make a couple of comments. As to whether this is a garage on the bay or not, I suggest that you take a loo}: at that development on the diagram which I think puts it in better perspective than anything else. I don't care what you call it, a garage is a garage, is a garage. Obviously he doesn't need any variance from FAR because our zoning ordinance is so liberal that you could build wall to wall, I suppose if you want to. But you have a marvelous opportunity here to provide a better quality product on this particular site if you would force the developer to re-allign those towers and to allow that particular view corridor. And I think one other thing you ought to really consider and I think you ought to let this be a message in some way to your director of Planning. It's very interesting to me that lie has come here and recommended that this be approved even before any of these modifications had been requested at all. What function does he serve when it comes to this Charter amendment as far as protecting the public? It seems to me that these exceptions should not be made the rule, they should be the exceptions. It seems to be awfully easy to get to the Planning Director. In fact, I get the feeling sometime he's like a cushion who takes the imprint of the last zoning lawyer who sat on it. And I think it's extremely important that you put some stiffening in his backbone from the public point of view so that we don't come...I would have been ashamed if I•had been the Planning Director to stand up hexe tonight and tell you that I had recommended all this before any of these modifications and the public outcry came up. Does the .public have to raise up in arms and come down here and stay until ten o'clock at night in order to get the City Planning Director to do his job? What's going on around here. Mayor Ferre: Counsell'or,'the subject before us is not the Planning Director. Mr. Paul: What do yoy jean it's not the Planning Director? He's the S E P 2 51980 ist 170 ;!r. Paul (continued): one who made this recommendation to come up hers to tell you you should approve this without the fifty foot set back, and without the proper twenty-five foot set backs on either side. He didn't attempt to get the developer to do any of these things. Who is supposed to represent the public if the Planning Director isn't in trying to get these benefits? Mr. Carollo: Well Dan, maybe this is why some people feel that this isn't the magic city, it's the magic kingdom. Mr. Paul: It seems to be when it comes ... I find that the most shocking tiring about this whole incident tonight, is the fact that the Planning Department had come up here and recommended this outrage and violation to the Charter amendment, and even tonight doesn't have an adequate excuse for their performance. And I urge you to give the Planning Director, he Should negotiate. I sat here tonight and listened to the Commission, to Father Gibson talk about the different trade-offs and things that ought to be done. That's the kind of thing the .Planning Director ought to have done with this particular developer before he ever came in here and made these assinine recommendations in the first place. Fetid only the ptiblic outcry in the press, and on thr, television has brought this to the commission's attention, and has I `-he developer to make the changes in this plan, and frankly, tii-y'.re not sufficient:. You need to give notice that you are going to insist on that twenty-five foot set back, or twenty-five percent set back, particularly on this bay front property. 14s. Waldman: May I answer a question? I would like to point out to the Conaairsion that who n this ordinance, and where this ordinance talks about allowing modification, it doesn't say that you're permitted to allow modification if the developer is providing benefits elsewhere. It says that the specific modification requested has to provide that benefit. Let me site to you an example, if I may, when we had another request for a modification, this was the former Mayor Ferre property, the Santa Marla Project, and in that case there was also a request for a variance from... or a modification from the amendment requiring the twenty-five foot width. In that case, the particular item that was not allowing there to be the twenty-five foot corridor, that being the mansion, was the particular public benefit. In this case, the applicant has said to you, look we're providing a bay walk and we're providing various open spaces. But those open spaces are not what is prohibiting this development from meeting the requirements.- And the language in this Charter amendment is very clear that that thing which prohibits it from meeting the amendment must be the same thing which provides a public benefit. And I don't believe that this applicant has shown you that the buildings that are taking up the width of the lot do provide that public benefit. Thank you. Mayor Ferre: All right, any questions from the Commission? Statements? What's the will of this Commission? Mr. Plummer: Well Mr. Mayor, Bob, 'I have a problem. I remember back about the first year I was on this Commission, and it was my first introduction to fire, because I caught holy hell. And yet today toy colleague is enjoying the benefits of that fire that I caught. I thought it was right at that time, I think even more so now, I -think it's more so. And he even had the supreme privilege of that fire by being able to play Mr. Grassie tennis on top of the garage and break his arm. Bob, what I'm really getting to in around about way, I guess, the top of that garage, if I were staying at the Four Ambassadors, or if I worked... (INAUDIBLE COMMENT) Mr. Plummer: ...no, I won't 4cuge YOU %%I'In. talking. I take precedents. Mr. Traurig: I'm sorry. We intended to tell you that the landscaping would be put on the top of the garage. I'm glad you brought it up. 171 . ist Mayor Ferre: In other words, there's no cars parked there? Mr. Traurig: There will be cars... Mr. Plummer: Yeah you could park cars there... Mr. Traurig: There will be landscaping, according to a landscape plan to be approved by staff. I apologize for not having mentioned. Mr. Paul: The architect just told us before that he couldn't put landscaping on the top. All he could do was put trees, Bob, in plots which will last for the first thirty days and they will be gone. Look, lets don't.... why approve something until they come here with the right plan. Mr. Traurig: I apologize for interrupting, Mr. commissioner. I'll answer when you've finished. Mr. Plummer: well, you have, of course, now the other point has been raised. What kind of landscaping are you going to place on the top that is not going to be just, you know,.. Jerry Silverman use to say, he always preferred a wall instead of a hedge because you didn't have to water a wall. You know, it's going to be there is what he was saying. Danny has raised a point. What are you going to be able to put up there that is going to be a decent looking, not just asphalt and cars to look down on? Mr. Traurig: Before we draw a building permit, we'll present a detailed landscape plan to your Planning Department. And if you want, to your Parks Department for approval as to species, etc., and we will implement that plan as a Dart of the r;onstruction program as directed by your staff. Mayor Ferre: Next question? Ms. Waldman: May I answer a question about that? Mayor Ferre: NO. Let the Commission ask questions now and I'll recognize You later on. This is the Commission's turn now. Mr. Plummer; The only other question that I have not heard what I would want to hear in a'full explanation, and that is the drive-in teller. Now, I have not seen anywhere how that is going to work, how it is going to operate, and I personally would like to see a little bit more explanation on the record. I'm more concerned, not only to the ingress of the building, but stacking of automobiles. Mr. Traurig: You can't see the drive-in teller, Mr. Plummer, because it's underneath the building. It's on the first floor of that parking garage. Mr. Plummer: Is that floor, or the ,ground floor? Mr. Traurig: Ground floor. Mr. Plummer: Ground level. Mr. Traurig: Ground level. Mr. Plummer: They don't have to drive up or down? Mr. Larry Self: I'm Larry Self, Senior Vice -President and in charge of design Helm.ith, Patter and Kassenbaum, Architects for this Project. This... there are two plans.on this particular sheet. The lower plan shows the grade level elevation:at the inset. This is a detailed plan of this area here. The present configuration as you would see this off S.E. Sth Street, there ip,an existing ingress and egress point here which would remain. Thosp.'.L Mr. Plummer: INAUDIBLE COMMENT ist 012 SEP 2 51980 9 e Mr. Self: It would be about seventy or eight feet. These are sixty feet spaces. That is a sixty foot column base so that's sixty feet, so it's about ninety. It's about one and one half times. These are the teller stations here, the stacking as it presently exists, we have not altered anything except beyond this point where we had to reduce the drive -way width. We had to alter it from.this location to this location to allow for our twenty -feet. And other than that, everything is exactly the same in this area. Mr. Plummer: (INAUDIBLE COMMENT, SPOKEN AWAY FROM THE MICROPHONE) Mr. Jerry Wentzel: I'd'like to respond to your question. As far as the... my name is Jerry Wentzel. I'm with Bart, Nashman Associates. We're the transporation consultants on this project. We've done an analysis of this. The .Left turn lane that would come into the drive-in bank area is going to be striped and it's part of the agreement under the DRI and we've agreed to stripe the separateleft turns. So the cars turning left in there will be in a separate left turn lane. The access remains as it is today. The stacking area remains as it is today. You can stack approximately five vehicles in each line, which is what we recommend for a drive-in facility. (•lr.• Plummer: (INAUDIBLE COMMENT, SPOKEN AWAY FROM THE MICROPHONE) Mr. Wentzel: Okay. We did a traffic count for an entire week and that facility. And during the highest one hour, the most cars they had come in were fifty-eight which included all vehicles going to the tellers, plus the conuuercial customers who take the long circular route. And that amount of traffic could be handled quite easily with even less than four tellers. Even if they had two tellers working. We did not notice a stacking problem while we were out there. If they did have a stacking problem, even under this design, there's a solution that could occur. If they were to exceed the capacity of the stacking area that's provided now, if they have the ability to provide more tellers, you can see in .an orderly fashion they could create two more drive -up windows and solve their stacking problem by providing more capacity. Mr. Plumrner: (INAUDIBLE COMMENT SPOKEN AWAY FROM THE MICROPHONE) Mr. Weritzel: It would be open and it could be used for expansion of the tellers. Mr. Plummer: (INAUDIBLE COMMENT, SPOKEN AWAY FROM THE MICROPHONE) Mr. Wentzel: We've discussed this with the bank, the opportunity of revising it even further, and they have opened up the possibility of revising it so we could create more stacking, or even in fact, change the circulation pattern in there so they'd be coming in from the'iorth side and be able to stack that way as opposed to coming straight off the street. They are willing to cooperate if a problem does become prevelant after the project is in. And there is a number of ways they could expand, either with more. windows going in a northerly fashion, or reversing their flow so they come in and exit out where they are presently entering. Mayor Ferre: Bob, let me ask• you...let me ask the architect. _May I ask the architect a question? I was just showing my colleague•Armando Lacasa on a card h(.-re... no, I'll show it to you on the big thing here. Sea those two bu.i.ldi.ngs £acing each other? I'm looking at it as if I were your clirnt.Okay? And .if I had an office building on that wall, on the existing building looking North, or on the South wall, I would be looking at glass or part of my view would be a glass bar. With such a beautiful site, with such a long deep property, as a frustrated architect who went through, like Father who was a one day lawyer, and I was a five year .architect, ) let me ask you, why wouldn't you actually have put that tower in a way that both.the North view from the South ;building, and the: South view from the North building would have had a much more open clear setting? 0."11,73 SEP 251980 ist Mr. Self: That question was definitely asked during our planning process. rnere... Mayor Ferre: Especially since they're glass towers. Mr. Self: Well there are many reasons. One very specific reason is to give that building a Brickell address which does one thing, that's the view building. It takes away structured parking for that area. If we...if this particular building had been located in this area, which is what you're talking about generally... Mayor Ferre: That's not where I would have located it. I would have located it diagonal, but off -set. Are you saying like this? Mayor Ferre: No, sir. Yes, further towards the bay and then, you know. ;chat would have happened, we would have had to either gone up an incredible distance here because we would have been lopping off about half the garage. That would have either raised that or compelled us to put a parking garage on Brickell Avenue. Mayor Ferre: Yeah, but isn't it better to put a garage on Brickell Avenue than put a garage on the bay? 11r.Self : So -to :solve that problem, we are incorporating the shops, the awnings, and so forth on this side to give it an edge as opposed to something else. Mayor Ferre: Okay. I understand what the design logic was. I don't agree with it but I understand it. Okay, further questions from the Commission? All right, what's the will of this Commission? Janet, I'm sorry. Did you want to say something? I cut you off before. Mr. Dan Paul: I wanted to ask you to ask the architect the question, if you provide for the twenty-five percent view corridor, what it will do to the arrangement of the buildings? You may accomplish your planning objective, Mr. Mayor. Mayor Ferre: Would the architect please answer that. Mr. Self.: Well that would, it would actually eliminate the plan in this tasnion because the buildings would be some sixty feet apart and we don't think that would be ... those towers would be approximately sixty feet apart. Mayor Ferre: What if you put it diagonal like I said, rather than side by side? Does that work out at all? Mr. Self: Again, it would require a parking garage on the front of the bay which was not one of .the planning criteria. Mayor Ferre: I see. Mr. Paul: The question still hasn't been answered. And that icy, if the City doesn't grant the twenty-five percent view corridor, how will the buildings be arranged? Mr. Traurig: Well it would seem to me and I'm not an architect... Mr. Paul: Lets let the architect answer. Mr. Traurig: That's fine. Mr.Self: The queblti6n ksgain was, if they did observe the five percent set back: what would it mean to this particular plan? 174 ist Mr. Paul: If you don't have the objective. —correct. Mayor Ferre: Right. Mr. Paul: Now would you arrange the buildings? Mr. Self: It would mean that we would have to set back this edge because we have an existing condition here. This edge where ever it is here, here, anywhere along the northern face would have to be set back approximately ninety feet. Mayor Ferre: Instead of? hir.Self: Instead of forty eight point three. Mayor Ferre: So it would be another fifty foot. Mr, Self: That's right. So it would.., Therefore it would completely ei.tininate this type of thing. We did not pull it back here again if I can say so because we would ... it would compel us to have a garage here or approximately an eight to nine story garage in this loca- tion. Mayor Ferre: Ok, further questions? Janet you wanted to make another statement. Ms. Waldman: Yes, 1 wanted to point out to the Commission that I make a general objection here tonight to developer who come in and say Ok, we're going to landscape the roof or we're going to rearrange the drive- in teller facility but they just give you a general statement to that affect and say they are going to work it out with Planning Departments or other boards, I think when an applicant comes in here they ought to present you with ill the information and things like that should be available for public inspection and opinion and comment and I resent that kind of action by developers, not only this developer but many developers and I object to it here as well. Mayor Ferre: Ok, alright further statements. Mr. Fosmoen: Mr Mayor I have only one statement. I find it unfortunate and I understand Mr. Paul's enthusiasm for the ordinance but I find it unfortunate that in order to try divert the commission attention to the issue that he has to resort to personal attacks from the Planning Director, Mr. Paul: Well maybe you can explain why the Planning Director was able to make the recommendation to begin with. Mayor Ferre: Mr. Paul I don't think that this is going to lead anywhere and I ... that's something that we can discuss at some other time, I would like to stick to the issue before us, which is the only thing that we really have to deal with at this particular time, if after that you want to make an statement or the.,.or somebody else wants to do something I think that would be appropriate at that time and I'm going to say something about that but I don't think this is time to do it, alright. Mr. Paul: We have no other comments. Mayor Ferre: Anybody else? Ok, w1vit's the word on this commission? Somewhere around here they use to say.... Commissioner Plummer: I jOst want Mr. Carollo to know that it would be satisfying to Mr. Lacasa,that my wife checked this after and Mr. Mouse Is bilingual. Mayor Ferre: Is that an requirement? Is that a requirement for his condition? Commissioner Plummer: That was Mr. Lacasa's condition. n ��� 1`75 SEP db Mayor Ferre: Yes an requirement for employment:. Ok will of the commission? There use to be a commissioner around here that use to say, if nobody else... what was that? What was that statement I use.., Commissioner Carollo; I'll be a prophet, I'm going to predict a four to one vote on this. Mayor Ferre: Ok. Commissioner Carollo; 5o don't everybody get up at one time, Mayor Ferre: Well one of you four better start making a motion, if that's what your prediction is, Let's see how good a predictor you are, Commissioner Plummer: Everybody wants to go to heaven but nobody wants to die. Commissioner Lacasa; ;try 1 was just gathering my thoughts, This Is the way I Say it. The only question on hand of this point is tlae question of the SO call view corridor, the fifty feet set back has bean satisfied so we only have one problem and that is the view corridor. Alright, I am very bery familiar with this area, I lived in this area for five years up to about to about five or six months ago, On Brickell Avenue only twenty four hours that today has seldom you see anyone walking on that particular sidewalk and if it were walking on that particular sidewalk, the possibility of their access...view access to the bay Ind this I would have to agree with Mr. Reid because I, -,you went to vinit once but I live there. I don't see how anyone can really set to have a vlow to the tiny but of nurse as Mr. Paul said that's not only the consideration Involved in a view corridor. So I grant to you that it will be ideal if we could have that view corridor, however, to me it's not an essential. part of the project itself, but to me it's essential as far as the citizens .are concerned an far the public is concerned is the access to the walkway, because if there is going to be any activity to enjoy the water front In this particular area and not only on the Nastier building but also on the other buildings will be precisely the walkway bordering the water front with one particular addition and that is the stores and the restaurant because that is precisely what attracts the people to a particular area, the best example that we have...we have it in the City of Miami and that is the. Bicentennial Park, The Bicentennial Park is a beautiful landscaping piece of real r.state where nobody goes because nobody has anything to there any ways. If so ... the water front on the Bicentennial Park is so .Far removed from the main artery which will be in that particular case %xie Highway or Biscayne Boulevard that people won't bother in go.t.ng in there. Our access to ...view access to the bay they don't have because of the barricade that we have which is basically the same kind of situation thgt we will have here, this is so far removed, Brlckell. from the water front it's actually two blocks away, two blocks away from the water front then the question of the public view to the bay it's very remote, practically non-existence, so to me the most important element in the project will be the other attraction for the public to use the walkway, which is precisely the aetivites that is going to generate on account of the restaurant and the stores, And there is something that I regret is that: you have to reduce the capacity of the restaurant because in this particular area we do need restaurants and actually many peoples complain that work in this particular area that they have to drive ... drive to downtown Miami or other places to get to a decent place to eat because they don't have whore to eat or have a nice luncheon, especially one that could have been by the bay, so my basic -regret, I have to confess is to see a reduced capacity in that particular restaurant, which would have been, I quite frankly say another attraction to the area, So in view of this I am going to move that this be accepted as presented wi,Ch thb modifications thatthe developer has provided for, on account: oaf' the enlargement of the walkway so we don't '. ' - • — variance on the sat back and also with and in this I would insist because I do share Mr. Plummer's remark about the view from the Tour Ambassador's and not only from the Four Ambassadors but also from Clauglaton Island itself on account of the roof of the db 176 SEP 2 51980 garage. I feel that it should be landscaped. I presently live on an apart- uIunt building and my apartment is actually on... over a landscape structure and I have no problem with that because it has been very nicely landscaped, so if they do it. nicely I think that anyone could live with, so in view of that I move that it be accepted. Mayor Ferre: Alright, is there a second? Mr. Percy: . 'Mr. M.iyor is item A or seven A as opposed to seven B? Mayor Ferre: You are correct, this is item...but they are both tied to- gether. Is there a second? commissioner Plummer: Mr. Mayor I'll second it and under discussion. Mayor Ferre: Now were talking about the issuance of the development o,rior now. Commi.ssiontr Plummer.: Well my comments will apply to both. Mr. Mayor and my fellow commissioners the only one point that I agree with, with Mr. Paul, I do feel that there maybe could have been a different configu- r," ^n. I don't necessarily agree that a different configuration would made for a better overall plan. Mr. Paul has his right of his op:.nion, the developers of course have their right and then this commission nas their right. I think that the developers have gone to the inch degree to try and satisfy the concerns of this commission, they have made major changes in this plan, which makes it more acceptable and I think the one thing and you will recall my statements at the last meeting, I would have been violentl,v opposed to have in that garage out on Brickell Avenue, I was very much opposed to the other Nasher project because of that, I would have beer opposed to it this time, Nobody would have wanted an eight or nine story parking structure in this corner and I don't think anybody would have wanted a seperate parking structure here and second parking structure up there, maybe it's not the best that could be had but I think it's a fine project, I think it will enhance the image which I am proud of in the Brickell area and because of that I second the motion. Mayor Ferre: Alright, I'd like to just make a comment into the record, I wasn't going to talk about this tonight but I guess I will. I got ... I've got an disadvantage, my advantage is that I studied architecture and this is a bad design in my opinion. It's a bad design because it really doesn't use this lot to maximum advantage. The parking... to put a parking garage on the bay this way is a -reputation of the problems that we've seen in similar circumstances and by putting those shops on the end helps but doesn't really solve the problem.of the designed criteria. We saw a picture tonight, it was a picture of Miami in the history of Miami and you know, I first came to Miami in nineteen thirty nine and I remember Miami in nineteen thirty nine, I was four years old and I remember a lot of things about it. I came up ... I came in Pan American World Airways, I use to fly in right here, this building was up and the clippers use to come here right it was right before the war and as I saw that picture and saw how Miami as I remembered it in nineteen forty five and six and forty seven, I use to spend vacations here. You know the thing that struct mej I was thinking about the ... was it the Prince .Bismark? Commissioner Plummer: The Prince Vladimar. You came herein thirty nine but you didn't see much. Mayor Ferre- Vladimar, yeah and oh there was an aquarium there. Commissioner Plummer: It was an boat and the aquarium was inside of it. MH ynr Ferre: Yeah, and I did -...I do remember the aquarium specifically. (.(nnmi::sfnnpr Plimmor• rn t11i.rty nine T. was three. db 177 SEP 2"5 ;980 0 t Mayor Ferre: I... it wa.s there beyond forty tine, it was, there.,.. I mean thirty nine it was there in the fourty's, forty five, fourty six, I remember distinctly. I remember walking along Brickell Avenue going to Ms. Harris School and as I saw those pictures it really reminded me of the one great advantage that Miami has that Chicago doesn't have and the most american cities don't have and that's this great big beautiful Biscayne Bay and the tropical environment and I think you know that we have a responsibility. 'There was time when we're all. worried hbout the con- struction lag and how bad things were here but we don't have that problem now, no there's buildings coming up all over downtown Miami. There's no problem with shortage of office space, I really think we should stick up for excellance, I think that this can be a very beautiful design, I think it can be redesigned without a heck of a lot problems, I think we owe it to ourselves and to the community.1ly. colleague Armando Lacasa said that nobody walks along Brickell Avenue nobody walks along Brickell Avenue today gurrintee to me in five or ten years with all the apartments and office buildings going, up al.l over that nobody is going to walk along Brickell Avenue five or ten years from now. Toll me that a ninety eight foot corridor from Brickell Avenue to the bay is not important. I, I think that the walkway Bob is a very wonderful addition, I think that the developers are very generous and I...I'tn very happy with that I have no porblems with that I t)iink you've been more than generous, but I think that the question of a see through corridor is a lot more than just what you can see walking along a sidewalk. You have to look at a city in three dimensions, you can't ... you know how you can tell that when you're driving down on the expressway, from an expressway you could... as you see the changing volumetrics of a city, you could see that in view or another in an outboard...in a boat or a sailboat out there in Biscayne Bay as you come in, and that's as much a part: of this city as ... and we're not Chicago and we're not New York and if you think those of us that have been fortunate' enough to go to Rio or to go to B.A. or Paris or London or Rome these are cities that all have special characteristics. The special characteristic of Miami is the water and the bay front and the blue sky and the opens and the lightness in the air and we start putting up buildings as of it were Philadelphia or Boston we're going to get in trouble. Now there's some of that, that's going to happen anyway. It's happening say over at the Pu Ponte Plaza area. That's inevitable. I think it would be a mista o. to take the core area and extend it with that type of volumetri.cs into Brickell Avenue and the real strong reason why I feel that way is that it doesn't have to be. These people could go back and in a month they'll have this thing redesigned in a way where I think you would end up with a much better project, so that's just one man's opinion and for what it is worth. Commissioner Carollo: You know Maurice, just when I was ready to do some re -thinking in Noguchi's Park 'in* Bicentennial you convinced me all over again that I was right in the way I voted, thank you. Mayor Ferre: I don't ... I think they ... they're asking for this variance and we have to make a decision ... I would wish that they would voluntarily go back and come back a month later and redesign the thing but that's their decision. Commissioner Gibson; I was saying... Commissioner Plummer: That's in father's hands right now, that's in father's hands right now. Conmiiscloner Gibson: what I was saying is do we have to vote against... Oan't you all a...mnybe my life is a 1.1$e of...there's never a yes or no, I Just wonder if you all can't come together. You've heard the comments Isn't it reasonable? _ Air. Traurig; It would seem t:b*me, that there's two aspects in this appli- cation that all of you agree ter irnm ae•en n ^nrl "lint is that the development order ought to be approved. Thd development order says a project can be built of this sis:e and this location providing for the kind of traffic... traffic control, that we've provided. The only issue that you're address- ing father, relates to item seven B, if you are suggesting to us that you gio db SEP 251980 C C pass item seven A and that we ... that you defer item seven B, until we've had an opportunity to review it further and that you'll review item seven B, at a later meeting then you know I understand that. Mr. Traurig: Well I... certainly nobody objects to item seven A and that would be the first item for your vote. Commissioner Gibson: Why don't we ... why don't we ...why don't we agree on A and let them go back and deal with B? Commissioner Plummer: Well ask the question to Mr, Reid. Mr. Reid since you've had your backbone put back into place sir, can... Mr. Reid: In my judgement it never moved but that's ok. Commissioner Plummer: That might be unfortunate. 'If we approve A, is there still a possibility of their going back and redoing and make *—ne changes in the plan? Mr. Reid: Certainly. Commissioner Plummer; Oh, alright. Commissioner. Gibson: Well I'll move A. Commissioner Plummer; No A has been moved. Ms. Waldman: May I answer a question please? I told you a few moments that I objected... Mayor Terre: Janet the truth is that this...you know you're out of order, this is...all the discussions... Ms. Waldman: I thought that someone said I could answer a question. Mayor Ferre: Well someone isn't the chairman. The chairman says that we're voting right now, I hope in the next few minutes and this is up... if somebody from the commission ask you a question, they are entitled to that, but otherwise a... Commissioner Plug mar: I wouldn't rest well this evening without it, answer my question. Ms. Waldman: Thank you, thank you. I told you a few minutes ago that I objected to a developer coming in and,saying to you, we're going to get the landscape plans on top of the roof and work that out later and now Mr. Traurig-is doing the same thing, he asking for an approval of the DRI and telling you that he may come back or may not come back with different plans for the building configurations and ... and the siting,,and X,v ScP ` 158� t V Ms. Waldman: (Cont'd) ...say to you that this DRI is supposed to have the Plans in front of you as they're going to be approved and it is not appropriate to make a general kind of approval knowing that it is going to be completely reworked or maybe completely reworked or maybe riot completely reworked. You're entitled to see what is goring to be approved and so is the public and I would object to your approving any portion of the application. Thank you. Rev. Gibson: Well, I'll tell you where I stand since I'm the swing vote. I would have no objection to voting on (a) and defer (b) with no penalty, no problem to you. I live a life'dealing with people on honor. I've found you to be a honorable man. Now, contrary to what I heard you say, and I hope you were not right, and I don't think you're right, if I approve (A) I promise you and God that if you don't keep your word on (b) I'1.1 be looking for you and that when you come back here on other matters I shan't forget. I'll have a mem- ory like an elephant. I move (a). Mayor Ferro: Okay, it's already been moved and seconded so it is a question of voting on (a) but I think the message is clear on (b), in other words there will be a motion of deferral on (b) or denial, I guess. INAUDIBLE COb114ENT FROM AUDIENCE Mayor Ferro: Well, we'd better talk about (b) now before we vote. The under- standing, Bob, iy, and I'm still confused about who is going to vote which way on this but I think the point is this: That is the majority of this Commission feels differently on (b) I would imagine that then you would come back and if I know, you've got a very capable architectural firm, they will be back in a month with chu redesign I'm sure. Mr. Traurig: What: I'm saying, Mr. Mayor is that I didn't understand 'Father, I thought you said to me, now you have to correct me i.f I'm wrong. I thought what you said to me is that you would. ;ike to think about this more and you want us to review this more and I didn't. know that you were saying that you had reached a decision on this plan but that .you .aren't yet prepared to make a decision and you wanted us to determine what.her or notthere could be, some revisions that would be more palatable. I don't know whether or not: a redesign of the project could be ac- complished or that they would be acceptable to you nor do I know whether or not you're saying to mc_ that ,you want us to redesign it. I thought you were saying let's all take a look at: it for another two weeks and then come back and you will rF:consider it at that time. Rev. MI -son: All. right, before we vote, Mr. City Attorney and Mr. Reed, both of you got to the mile. I don't mind what: his explanation is, if I'm going to cast thn deciding vote: you need to know now. Mr. Reed, if he gets (a) and he doesn't get (b) that means t'ain't going to bo, no tango, isn't that right? b1r. Reed: For, the development to be completed it must meet the terms of the Development Order and it must comply with the Zoning Ordinance. The first issue before you .is meeting the terms of. the Development Order. Rev. Gibson: No, I don't want to Hear that. Listen to what I'm saying. If I give hint (a) and I don't give him (b) there isn't any way in the world unless I approve (b), this is what T want to hear, t'ain't no way in the world unless 1 approve (b) he is going to be able to proceed even though he has (a). Isn't that what you're telling me? Okay, I'll go for (a). Mr. Carol.lo: In other words we're goillg to give him Park Avenue but not give the bride away. T11ey're not going to collect 200 until they go past "go". Mr. Fosmoen: Commissioner, let me point out one thing in answering your question. If lie came back and met the terms of the ordinance then he would not'come before this Commission. Rev. Gibson: That is not what I want,' no. Listen to this. You see, I'm glad you s.ai.d that because he can go over there and tell me to go to hell. I want to keep him from tal.ling me Co go to hell, that's what I tried to get you to say but you know you all aren't tr;Lling me that. I don't want him to be able to tell me to go to 1101.3 . Mr. Fosmoen: I was late in telling ,you but I told you. Rev. Gibson. Yes, you mighty dgggone late and I want to stop what I was doing. Mayor Ferro: Well then wouldn't the best thing be to defer both A and B? Rev. Gibson: Right. Okay. .80 SEP 2 51980 Mayor Ferre: Well, but then you don't want to vote no on this because then they have to go through the whole process. What we want to vote is for a deferral. Rev. Gibson: I'd rather go for a deferral. Mayor Ferre: So you have to make a substitute motion to defer 7 (a) and (b), that has to be your substitute motion. Rev. Gibson: Well., I'll make that as a substitute motion. I do not want the man penalized. Look, I want him to move ahead but at the same time I.... Mayor Terre: Then there is a substitute motion that Item 7 be deferred. Rev. Gibson: Item 7(a) and (b) be deferred. Mr. Plummer; Well, why don't you just allow Armando if he wishes, Father, to withdraw his motion presently. Rev. Gibson: All right. Would you want to withdraw? Mr. Lacasa: Okay, I withdraw mine. Rev. Gibson: All right. Mayor Ferre! All right, now there is a new fresh motion which is that Item 7 he deferred, (a) and (b). Is there a second? Mr. Plummer: Yes, I'll second the motion. Plow you know, one thing when we defer things there is a reason for it and obviously Mr. Traurig is not clear as to why it is being deferred and I think Mr. Traurig might not know about two to tango and shucking and jiving. Rev. Gibson: Man, he knows more than you think. They understand, don't worry. I bet you those people know because they're going to be here. ;,I.;oe unto to them that join house to house, that they feel to feel till there be no place that they may be placed alone. Mayor Ferre: You mean Tsi.att knew about view corridors too? See. Rev. Gibson: That's right, Isiah ..... Mayor Ferre: Mr. Paul, I didn't know you were a Bible reader. Mr. Plummer: is Isiah a member of AIA? Bob, do you understand? Mr. Traurig: I understand. Mr. Plummer; I'm glad you do. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 60-717 A MOTION D1FERING CONSIDERATION OF THE ISSUANCE OF A DEVELOP- MENT OE' REGIONAL IMPACT AT APPROXIMATELY 623-799 BRICKELL AVENUE. Upon being seconded by Commissioner Plummer, the motion was Passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mr.. Carollo: I think I've found a solution now not to get the 4-1 vote from now on so i'll start predicting the votes from now on and maybe we'll get some changes like now. I votk with the motion. Mayor Ferree: Well, to make,Carollo's prediction correct because I wouldn't want him to be a liar I would have to vote --- I vote with the motion. Mr. Carollo: Dan, thank you for coming, ,I appreciate your input. 181 SEP 2 51980 Mayor Ferre: Dan, before you go, just into the record, it really was not germane before, but you're entitled to your opinion and I'm entitled to mine. I want to say that Jim Reid is in my opinion one of the most honest and dedi- cated public :servants that the City of Miami has. Now I have a lot of dif- ferences with him and I argue with him a lot but one thing I've never ques- tioned is that he always tries to do what is best for the City of Miami. Mr. Paul: Thank you, Mr. Mayor, I have asked to be put on the agenda for the next Commission Meeting on this very subject because I have great con- cern that the Planning Director does not subscribe to this and is not proper- ly representing the public in the negotiations that obviously take place at the critical stages....... It is a whole other subject and I would like to be put on because I think his performance in this thing is shocking. Mayor Ferre: well, that is something that I would like to ask, that you meet with him and discuss and then if you want to come before the Commission, of course, you're entitled to do that. 68. DISCUSSION AND DEFERRAL OF REQUEST FOR CLOSURE OF N.W. 4TH TERRACE BETWEEN N.W. 37 AVE. AND 36 COURT - OWNERS Of: PROPERTY TO RESUBMIT PLAN, Mayor. Ferre: Are t•.tiere any objectors v3resent today on Item #8? All right, how many of the objectors wish to be heard tonight? You all want to be heard tonight? How about tomorrow? It will be tomorrow if all of you speak because it is 11 O'Clock. it. will he tomorrow if you all speak. Okay. Would the department give us what your recommendation is? Mr. Whipple: We recomuend approval of the closure, Mr. Mayor, we feel this is a proper tie-in to make this a more useful site, a better utilization of land and a more efficient use of land that will provide sufficient area to have a better development than .if it were developed as two separate parcels. Mayor Ferre: All r1aht:, counselor. Mr. Robert H. Traurig: Mr. Mayor and members of the Commission, my name is Robert H. Traurig. I'm an attorney with offices at 1401 Brickell Avenue. The property which is the subject of this hearing is the property which is described as N.W. 4th Terrace, lying between N.W. 36th Avenue and N.W. 37th Avenue. The purpose of this application is to close that short street. The applicant is West Flager Associates Limited which is the owner of the propert- ies and the operator of Flagler Dog Track. It has been indicated to you, your staff has recommended approval of this application but the zoning Board has recommended denial of the application. We think perhaps there was a great deal of misunderstanding about the intentions of the applicant and the util- ization of the property. I think that perhaps we car. clarify those misunder- standings tonight. What we would like to do is to consolidate two•lots which you see on your map in blue which are owned by the Flagler Dog Track through West Flagler Associates Idinited. The purpose of that consolidation is to create one .larger parking lot. The.reason for that is because there is a great safety problem not only with regard to the people who live to the east of us who go through this ,property at the time that the track is open but also because the patrQris of the track who park in those parking lots then utilize the arterial street system to the east of this property and create hazards for the people who :live in this vicinity. one of the principle con- cerns expressed in the hearing before the Zoning Board 1-As I-'- ' L.0 Close this street in ordet to build a large office structure and we said alternatively, "well, some day in the future we might do it, right not we don't have any intention of doing it." They were appalled at that and they thought that the only way We can build a large office building would be to close the street and, then we can build an office building at their expense and then we would get the utilization of that right-of-way as part of our .$& 8 E P 27,51980 V tract and give nothing back to the public. I'd like to point out, some things to you and I have Mr. Garland here, Dick Garland of Carr Smith who can dis- cuss it with ,you, perhaps more specifically than I. But I would like to call to your attention that although it is not our intention at this time to do anything except to consolidate those two blocks into a more efficient parking lot with the proper, landscaping and the proper protections and so forth that some day in the future when parking structures are built on the other parts of the Flagler Dog Track property or other parking arrangements are made, or there may be a discontinuance of the operation for some reason at some time many many years hence, that some day there is the possibility that office structures could be built here. But I would like to show you what you could build now and what the effect of the requested action would be. What you're looping at here is a to scale model of exactly what exists at the present time. This is N.W. 36th Court, this is Douglas Road, the track is over here. This 4th Street, 4th Terrace and 5th street. These folks, nice people, that came and expressed their sincere concerns live in this general area. With- out asking this Commission or the Zoning Board for one variance or change of any kind - no conditional uses, no zone changes, we could build on each of these blocks an office tower of 7 stories and these duplexes on each one of these lots right now. We don't choose to do that, we want this for a parking lot. We want to close this 4th Terrace that bisects these two.blocks. If you give us that opportunity what we propose to do with this, 4th Terrace would be closed. This building would not be built. This building shows that it could be built if we wanted to but this building will not be built but this area would be utilized for parking. And we hereby commit ourselves to dedi- cate to you through an easement this area on the east side of property which would be a public park which we would - it would be done by easement - we would landscape it acid maintain i.t and it would be utilized by the people who live in this area. Now I know that Mr. plummer many times including.... Mr. Plummer: Excuse me, what is the depth of that? Mr. Traurig: I think I would ask Mr. Garland to describe exactly how it is laid out and how the di.wensiuns were assigned to it. I. would ask Jim Garland Mr.. Plummer: A 50 foot bay walk? Mr. Traurig: The mini park would be 20 Z 450 feet or a total of 9,000 square feet.. However, in addition to that there is an additional 1.5 foot area presently which can be utilised so it would be 35 by 450 which is 15,750 square feet. We would propose a park development with a wall, a walkway, trees, benches, the sod, and we would maintain it. The other two areas ..... utilizes thy: parking area. I would like to call to your attention that the arguments that were given before the Zoning Board, and I read the transcript very carefully, were these: Mr. Albert Stern of 3620 N.W. 2nd Terrace said he was concerned that if this action were taken that we could build a building and that building would block the air. Well, we can build the buildings right now. lie said he was not opposed to the blocking off, he was only opposed to our putting up a building. We'll give you a commit- ment that we will not build a building in the foreseeable future We have no intention to build a building for the next several years, it was our inten- tion to utilize this for narking. Mr. Wesley Speakman of 421 N.W. 36th Court said, "Let thorn buy the right-of-way". Well, we're not going to buy the right-of-way, we're not askinta the City to sell it to us, we want to give to the City substantially more in square footage than we're taking as a result of the closing of the street. Mr. Jose: Villadonega, 560 N.W. 36th Court said his principle concern was traffic in N.W. 7th Street and 37th Avenue. That's not affected by what we propose to do here. That's the major corner at the shopping center and the track intersection where Wendy's is. Obviously that is a very heavy intersection but it won't be affected by what we do. Mr. Rojilio Rito at 540 N.W. 36th Court said he has a problem getting 'to 37th Avenue, he can only use this area. Well, there is 4th Street and-5th Street and he lives at 540, lie can use Gth Street or 5th Street. Mr. Roberto Cono at 3603 N.W. 4th Terrace says it serves no public purpose and Mr. John Sudano at 531 N.W. 36th Court he leaves via N.W. 5th Street. I'm saying that this street and 6th Street are open. Now if he lives at 531 right in between the two let me tell you about'our own traffic counts. For the last two weeks we have had people clocking the traffic leaving our track parking lots between 4th Street and 5th Street between 37th Avenue and 36th Court. I think it is very important so that you can understand the impact that our traffic now makes on their neighborhood which would obviated by -+ not being ,hl n to intrude into their neighborhood if we have the wall behind this parking lot and bring all our traffic out onto 37th Avenue. On September llth we had 62 cars leaving from our parking lot into their street out of 109 cars that were parked there. on September 12th it was 83 cars turned into their street out of 141. On September 13th a total of 209 cars were parked, 100 cars turned east. The next day 123 cars were parked, 73 turned east. �fo'vl}ram 183 G 't�a� day 234 were parked, 110 turned east and I can give you every day up to yesterday. The point is that there is a traffic problem. We think that it can be solved if we close this street. We don't believe we have created any adverse impart upon their neighborhood whatsoever. The major streets are stall available, they still can use 5th Street and 4th Street. They can Mill go down 36th Court to 3rd Street or to 7th Street and turn in either direction. The only thing that would be closed would be this 4th Terrace and 4th Terrace is more of a hazzard for their neighborhood than they think it is because our cars are intruding into their neighborhood. Now that's not the reason that we ask for it to be closed, we did do it altruistically, we're pointing out to you, though that that really is a fact. One of our problems is that since this parking lot is used by the general public which goes helter skelter at the end of our racing days that cars that come through are intruding into their flow of traffic and they're causing accidents. Now whether or not tha•c is a serious problem to them, I would point out to you that the efficiency to be derived and the benefits to be derived by our creat- ing a public park at our expense and maintaining it at our expense to serve their neighborhood would militate in favor of the approval of this applica- tion. We urge that you support the application. Thank you. I would like to introduce Mr. Garland, I'd like to introduce Mr. Brameyer, Mr. Du Briel who served this COmnission so well for a long time, Mr, and Mrs. Havenick, and tlley represent: West Flagler. Thank you. Mayor Ferre: Counselor, let: me also welcome George Du Briel who served with great distinction as a City of Miami. Commissioner for many years, he is always �1c-r in this hall. All right:, I will recognize you again for rebuttal or :ter presentation as the case may be. At this time would the opponents now sc.:p forward? Raise your hands, how many of you want to speak tonight so we can see how many! Nine. All right, I think if you take three minutes that will 'he about 30-35 minutes. Okay? So maybe we'll be out of here by �:iuse to midnight.. Sc) l.et:'s go ahead now with the opponents. I would like to ask the opponents; as they make their presentations not to repeat what your neighbor has said. If somebody says I'm against it for such and such a reason, you know whether ten people say it or eight people or six people , :hake your point and sti.ck to the subject and let's move along, Okay? Move ahead. t,ir. Jose Antonio Villadonega: I am Jose Antonio Villadonega. I live at 560 N.W. 36t11-1 Court. I am opposed because we have to use 4th Street everyday to make a right turn on 37th Avenue. It is the only way you can go out to 37th Avencie and make a right turn at that corner. As you see over here, you see how riany blocks they have closed already on the east side of 37th Avenue. If you go west the only way you have to go is by 7th Street or by 2nd Terrace. So now they plan to close 4th Terrace. What do they want, to close all the people around there so we have to fly to get out of the neighborhood? That's impossible. Besides that, I, think, I'm not sure, they want to make..... a high rise, I'm riot sure but the air planes pass.... (INAUDIBLE, NOT USING MICROPHONE) maybe not, I am not sure but it can't be. Mr. Plummer: That's described in footage, sir, by the FAA. Mr. Villadonega: Well yes, but if they use this one that have not to go to high rise because they cannot Build. The airplane, I live one block from there and the airplanes, on windy days they pass very low over the dog track. That is the reason that I think they want to do that. That's all. Mayor Perre: All right, next speaker. You have three minutes, sir. Mr. Albert Stern: Albert Stern, 3620 N.W. 4th Terrace. I know they can put the buildings there and he says he may not do it now or later but I'm not opposed to the two buildings but I am opposed to that large building, it is a monstrosity and it does break off your air corridor or your westerlys coming in there and it: sr.ems that they've added a park area to make it more attrac- tiv and I can see if that'big building does get built what can prevent them from making it longer north and south and which would block off more air. And as for the dog track and its congestion, yes, we do have it there but the doc.l track isn't open all year long, it is open during their certain meets. !tiA ;. Mocking off that 4th 'Terrace in that area, they could just as well if they want to put four pillars of concrete on each end and block it off and they could landscape that and make it attractive. That's about it, Mayor Ferre: All right, thank you, si-r. Next speaker. 1. Wesley Speakman: Wesley Speakman, 421 N.W. 36th Court. Most of my stuff has been covered but on this park area they propose there now, we don't really IRA S E P 251980 6 f want a park there. I would be more satisfied with a little buffer zone that is sodded or landscaped because we've had problems already with people sleep- ing right across the street in a lot, some of these refugees that we've had to call the police on and I don't want an area where people are going to be laying in there on park benches and sitting around and causing more trouble. That's about all I have to say. Mr. Rogelio Brieto: My name is Rogelio Brieto. I live at 540 N.W. 36th Court for 20 years. I don't like to have that street closed because we need that street to go out to 37th Avenue because the other st:reet when we get there there is a big line. There are about three or four blocks we have to go out there. If not, we've got to go far far away to go to 37th Avenue. That's why I don't want that street closed. 'Thank you. Mayor Ferre: Next speaker. Mr. Anthony Fernandez: My name is Anthony Fernandez. I'm speaking for my parents. They have lived in the same house for 30 years, N. W. 36th Court, 481 is the house number. I oppose it because I went to a meeting that they held on Thursday and I was told that the park was going to be 40 feet wide, now it was dropped down to 25 feet and thn easement from the street side to what they consider as the sidew,,,1k area they're going to consider a park too. Besides that it is trying to make it took like they are doing the City a favor by giving them this piece of property which in fact, building two structures costs a lot more money than building one structure and all they're doing is gaining the street from the City and messing up the traffic for �.,,.ybody that lives in the neighborhood and then besides that coming back with a 'building that wi.11 cost them less money. Mayor Ferre: All right, fir. Fernandez, thank you. Next speaker. Does anybody else want to uxpress an opinion? Mrs. Marie 5adirio: My name .is ldarie Sadino. I live at 531 N.W. 36th Court. We have been living there, my husband and I for 23 years. Now before we moved there we lived at. 3665 N.W. 5th Street and we had trouble with the traffic that parked in front of our home and the dog track didn't do a single thing about it. Now, we want that entrance to 4th Terrace because we have used it for 23 years and we do riot believe that it should be taken away from us. Mayor Ferre: All right, ma'am, thank you. All right, are there any other persons that wish to express an opinion at: this time? Counselor? all right, do it quickly. Mr. Jim Garland: My name is Jim Garland, I'm an architect. I would like to point out the fact that in each case we have what we call saturated the land, in other words we have taken the maximum allowable FAR, Floor Area Ratio, the amount of actual floor area that can, in fact, be built. Mayor Ferre: Mr. Garland, is there more square footage in the one tall building than the two small ones? Mr. Garland: No, sir, there i-s not. Mayor Ferre., Is there the same square footage? Mr. Garland: Yes. The thing that happened is the large one is the economics of it from the standpoint of zoning you know you come in and it makes a pyramid, you have to build within that pyramid to comply with all of the Setbacks. Now the building is way under any of the FAA height limitations. Thank you. Mayor Ferre; All right, Mr. Du Briel. Mr. George Du Briell: My name is George Du B riell. My offices are at 100 N.W. 37 Avenue. when we were before Planning Board we did not have this model here because the question was ralsed.by Mr. Traurig who said in reference to what we had future use.... , This i.s'val'uable property and the track does not intend ::.t this time, however., six mohths from now, .five years from now they could. So what we tried to do was then bring exactly to you and show the neighbors what could be done on existing property, existing zoning and so on and that's the one to my right. Now, I also'sent letters both in English and Spanish to all 11 objectors. We held a meeting -at our offices on Monday of this week to show them this plan. I wanted to explain to the neighborhood what we were trying to do and in the future that we felt would be glad planning in reference espec- ially with the traffic flow. We kept traffic counts which they told you on 5 S E P 251980 our own to show that the number of cars now presently leaving, many large developments today, they try to keep maybe one or two entrance ways rather than in large developments of one entrance and one exit which is good plann- ing where there is an arterial highway presently like 37th Avenue and using the other streets rather than going down the neighborhood. We feel that if we close that street that it will protect these neighbors. Now on top of that the true dimensions of that, there's a 20 foot from the street to our property line is 20 feet. We propose to dedicate an additional, make an easement for an additional which would make 40 feet so it is 40 feet. It is 465 feet long. We propose to put either a four or six foot long, whichever the City requires us to, showing all the way up to this --------- (stepped away from microphone) .... So that the ingress and egress will be out towards 37th Avenue to stop the traffic from going in that area. I've tried to do a little public relations job and at least present it to the people, and most of these people were in my offi.co and we were here at 6.30 with these plans and told them that anyone that didn't get to see it, we would explain to them, we did do that. Thank you very much. Mr. Traurig: I would just like to reiterate that the purpose of this is to achieve an efficiency in the parking lot, to achieve safety, not to in any way adversely affect our neighbors, to create the open space and the park area for our neighbors. It is not with the intention of building the buildings and the only reason we did the models was to show that along Douglas Road we now have C•2 zoning, we could build buildings, we don't want to build the buildings, we want to have a parking lot. The track needs it for its own efficiency and we urge that you support staff's recommendation which was to close the road. Thank you very much. Mayor Ferre: All right, questions from members of the Commission? All right, what is the will of this Commission? Mr. Carollo: Mr. Mayor, this .is really for me, it is one of the easiest stands that I'm going to to}:e since I've been here in a zoning matter. I think it is outrageous that they're proposing to close that street with these people there. I would feel the same way if I lived in the neighborhood. I move for a denial. Mayor Ferre: All right, there is a motion that the item be denied, actually the motion should be that the Zoning Board be upheld in recommending a denial. Is there a second? Mr. Lacasa: Second. Mayor Ferre: All right, there is a second. Further discussion? Mr. Plummer: Well yes, under discussion, Mr. Mayor, I have to admit that I did not get out there to the property to look at it. The thing that I am con- cerned with is this:if I 1:Lvec1 on 4th Terrace? One thing this would assure me is that I was not going to have hot rodding up and down the street. Okay? Now, that: appeals to me - that would stop it. There's no question on 4th Terrace you are going to basically eliminate hot rodding and I'm sure it exists especially from losers at the track who want to get the hell out and go get a drink in a hurry to forget about their losing. The second thing is maybe not a park as proposed, and whoever did this diagram over here in my estimation did a very lousey job. I hope George didn't do it because he is my friend and I want him to stay my friend. You see, you didn't even show on this diagram what you've got to do by law which would have been to your advant- age. Right now you're looking at a really big open parking lot. By our law you've got to landscape that parking lot. You've got to light that parking lot. You're not even showing those things on there which would not show a big expanse of open space. Okay?, I would much prefer to defer this item, allow you to come back with a model showing what you've got to do under the law and allow me to go look at it and allow the neighbors to have - if what I read, and I assume you're reading from the minutes because Speakman has talked to me, his main concern is value for value and,that is one of the positions that I've taken on this Commission, that ,if not a park as described by you what these people would like to see in that area. Okay? Now if we're going to defer that would be the purpose of the deferment, sir. Okay? So I for one will vote against the motion to deny hopefully with a motion to defer and to come up with some kind of an acceptablb plan because I do feel that this offers distinct advantages. Now I don't know how many children are in that neigh- borhood, maybe not a lot of children. Okay? But if I live in that neighbor- hood, I've got a 7 year old and if I had the opportunity to slow traffic down I would take advantage of it so V m just expressing my thoughts on the record. Mayor Ferre: Father Gibson. s$ SEP 1 6 1�8� Rev. Gibson: Was that a motion of deferral? Mr. Plummer: Well, Father, I don't have that. Mayor Ferre: There is a motion on the floor properly seconded for denial. Mr. Plummer: Wait a minute, I can offer a substitute motion. Mayor Ferre: Procedurally, all right, there are one of two things that you can do, Plummer. Either you can offer a substitute motion or you can vote against the denial and then make your motion. I think the only way you can do it properly is to vote for a deferral on the item. Rev. Gibson: Let me say this; so that if you could get with these people and show them what P'.umrner is saying anc; they could be made happy I would much rather see that than to vote a denial for you because then at that point you have to wait how long? If they want to come back how long? Mr. Perez: We can have it next month, Father. Mr. Plummer; No, if we deny it. Mr. Perez: Oh, if they are denied. .... Rev. Gibson: And 'let me say that maybe,based on what Plummer is saying, it would not be quite as bad as the people think if all of this were changed. I'm like you, I'm getting to the point: now I'm not so sure I like parks period When I know what's happening. Do you follow? So I think that if you were given an opportunity, as Plummer said, to get a model and show all that other business, you may not be quite as disturbed, at 'least I would want to give you a chance. Mr. Plummer: Well, Father, let me offer one other thing into the record. You know when we get into this you have to understand - all of the neighbors, I want you to fully understand - this Commission cannot demand of the applicant anything. Okay? The .-applicant can come before this Commission and volunteer anything tic wants to volunteer and we can hold him to it. Now maybe you don't want a park there, maybe you'd like just the normal landscaping and you'd like neighborhood improvements like we did on Biscayne Boulevard. Maybe you would want trees planted in your neighborhood out on the sidewalk. That's perfectly an area of compromise. Okay? Now how many trees, how big, you know, I'm say- ing to you that if you defer .it you've got it open to compromise to work out hopefully maybe an agreeable plan, maybe not. Mayor Ferre: All right, let's move either way. Mr. Plummer: I offer the substitute motion to defer Rev. Gibson: Second. Mayor Ferre: Now procedurally now we have a substitute motion and a second. That has to be voted, that tat:es preference over the main motion. Now under discussion on the substitute. Mr. Carollo: This is how I feel, unless an entire neighborhood, not only the people on 4th Terrace but 4th Street and 5th because they will be affected too, unless everybody was in favor of that I say fine, I'll consider it then. But my God, you see that the neighbors are against it (1), (2) if we do this here what is to prevent us anywhere else in this City when a developer or an owner owns both sides just to close any street up? We could do it on Coral Way, we could do it on South Bayshore Drive here, take any street and close it up. If we do this we're setting a heck of a precedent for the City of Miami, a very dangerous: one and we're insulting these people's intelligence by tell- ing them you don't knots what. you want, just, you know, go back and let them try to tuck you into it. It's an insult to their intelligence. If they didn't; know what they wanted they wouldn't be here tonight. They certainly do. Mayor Ferre: Further discussion? All right..... Yes, sir. I understand. Mr. Carollo: Could we read the motion? Mayor Ferre; The motion is that this item be deferred, it is a substitue motion. Mr. Pluimner.: No, the motion is to 1 ny, th6 substitute is to defer. S � P 2 5 i980 io OJ 11 L J Mayor Ferre: I'm sorry, that's what I said, the motion is to deny and the substitute is to defer. I stand corrected. We're voting on the substitute which procedurally takes ,pr.ecedence. ... Yes, ma'am. Mrs. Sadino: .... They still park on our driveway and in front of my home. They do not want to pay 50C to go into the parking lot. Mayor Ferre: I understand. Mr. Carollo: The motion is that the deferral.... Mayor Ferro: Yes. INAUDIBLE STATEMENT FROM AUDIENCE. Mr. Plummer: Well, I'll tell you what the answer is, sir, it is very simple. Under a utilization of parking with a street in the middle they have to observe side setbacks and they lose not only the street but the side setbacks as well. Okay? That's what they're losing. Under a unity they would have no problem as a divider. INAUDIBLE STATEMENT FROM AUDIENCE. Mr. Plummer: Correct. Mayor Ferre: Ladies and gentlemen, we have a motion before us, it is a sub- zti.tute... . Mr. Plummer: Mr. Mayor, out of courtesy, Mr. Speakman wishes to speak. Mr. Speakman: I've got pictures showing where they charge 504 to park on the sidevialk. They park right an 4th Street right out to the edge of the asphalt and also we called before about trash and stuff across the street. We can't even get an answer..... We have to call the City inspectors to get them over there and get action. Mr. Carollo: In other words you're saying, sir, that they're parking in that lot that doesn't have any asphalt on it. Mr. Speakman: I say on 4th Terrace they park cars right out to the asphalt... Mr. Carollo: Is there asphalt anywhere in that lot now? t1r. Traurig: Yes. Mr. Carollo: in other words all that lot is covered with asphalt? Sir? Mr. Traurig: Tho question of whether they use the lots for parking now and are the lots asphalted now? The answer is yes. Mr.. Plummer: No, no, those lots are grass. Mr. Carollo: They curt:ainly are grass if I recall. b:r. Plummer: They're grass. INAUDIBLE STATEMENT Mayor Ferre: Okay, further discussion? ,Call the roll. 'fhe following motion was introduced by Commissioner Plummer Who moved its adoption: MOTION NO. 80-718 A MOTION DEFERRING CONSIDERATION OF REQUEST FOR VACATION AND CLOSURE OF N.W. 4 TERRACE BETWEEN 37 AVENUE AND 36 COURT ('TENTATIVE: PLAT 1080 'WI.75F'-FhAGLER ASSOCIATION LTD.') IN ORDER THAT TIME APPLICANT MAY.COME BACK TO THE CITY COMMISSION SHOWING AN AMENDED PLAN: Upon being seconded by Commissioner Gipson, the motion was passed and adopted by the following vote- fiyESr Mr. Plummer, Rev. Gibson and Mayor Ferro. NOES: Mr. Carollo and Mr. Lacasa. 188 SEP 2 51980 Mayor Ferre: That leaves the deciding vote to me. I have obviously two choices, one is to outright deny this and that's the end of it. The other thing is to vote with the motion for deferral. The motion for deferral has the inconvenience that. you've already been here four times, that means you Will have to come down a fifth time. However, it means also that the appli- cant- will have the opportunity to do what Plummer has recommmended which is to come bark with an amended design and show exactly what this property would look .like and I would hope that in that process, counselor, you would consult ■ with the neighbors. I see the arguments on both sides. However, I do think that a public purpose is served by the closing of that street in making the neighborhood and the area a more residential neighborhood by eliminating the traffic patterns that use 4th Terrace. The access; aspects of it are served by people being able to go down 3rd Street, 4th Street and Sth Street and 6th Street. I think the closing of that street immediately places a buffer between the dog track and the residential neighborhood which I think could be advantageou.3. That is something that will not be decided tonight and I reserve my final judgement until we've seen an amended plan which ad- dresses the issues that have been discussed tonight. I think the position that the neighbors have taken, Mr. Traurig, are important and should be taken into account. and into consideration when you come back to this Com- mission. so I vote with the motion. Rev. Gibson: Mr.. May Dr, may I maka one comment even though we------ Some of the neighbors cnmpla.ined about people who park in front of. their houses. One of the reasons wanted you to go back and talk this over, if that wall were put: there, what it would literally mean would be something Like this: Those who come to thi! doy ::rack: would not necessarily bu expected to exceed, go to the east beyond that wall, You see, that's something that might be worth considering. Once that wall goes up everybody would have to be on this side and not intrude thi:a ,ray. So you might in your consideration think abouc it. Mayor Ferre: All right, t.:hank you, ladies and gentlemen. 6 « . DEFERRAL OF COND 1 T t ONAL USE PERMI T FOR M [ NI-WAR,E:HO'JSES 2055 H.W. 11TH STREET. Mayor Ferre: we now havo br.t'ore us Item 09 which is an appeal by an objector, Searock, Inc, of the Zoning Board's granting of conditional use to permit one story mini -warehouses at approximately 2055 N.W. ll.th Street. The applicant is Solomon Yucan. The Planning Department recommended approval in accordance with the plans on file with the exception that the toilet facilities should be eliminated. The ;,oni.ng Board granted the request 4 to 2, there are two objectors by mail. Are there any objectors present that want to speak to this issue? Mr. John F.nunr.r: Mr.. Mayor and Commissioners, my name is John Emmer from the law firm of. Smathr,rs and Thompson. I'm here representing Searock and we, of course, are the ones who a:re appealing this. We are in effect, the objector. Mayor Ferre: Counselor, are you on this one too? This is your night, huh? Mr.. Traurig: (INAUDIBLE STATEMENT) Mayor Ferre: Okay. All right. Searock is the objector. Mr. Tr.auriq: You say it':, my night but I'm not so sure. Mr. Eminur: This petition that came before the Zoning Board had to do with the grantinq of a cunditiono.l use to transfer this property which is being used as a boat yard or a semi -boat yard into mini -warehouses in accordance with a con- ditional use which was at conditional use part of the ordinance which was enacted in 1978. It was pointed out to the Zoning Board that the ordinance enacting this conditional. use was fatally,defective. The ordinance as adopted in 1978, December 1.4L-h wa:i Ordinance 8884. It changed subdivision 12 (a) of Section 1 of Article XIX or the Waterfrotit,'[ndustrial of the Miami Comprehensive Zoning Code to nrovide a now Section (a) for mini -warehouses as a conditional use under this zoning classi.f.ication.' The ordinance also specifically repealed all other ordinances, code sections'or parts thereof which were in conflict with this particular ordinance. By virtue of said ordinance, the old Section (a) which had to do with docks and piers extending out into Biscayne Bay was repealed and replaced by this new Section (a). The application for the S E P 2 5198J condi�l oral use and the notice of the Zoning Board hearing dial not refer to Section (a), it instead referred to Section (b) of this ordinance which was non-pYiscant. Now as a matter of law, you can't very well give a notice of a meeting, you can't very well make an application for a conditional use predic.-ted on a section that does not exist. And we hold as a mutter of law or %� .az'gue as a matter oi: law that the action taken by the Zoning Board on this particular measure because there was not proper notice and the statute itself was not properly constituted was unlawful and is of no binding force and effect. Going further, and addressing the specific issue, assuming, let us say, that the Zoning Board did have proper jurisdiction to deal. with this particular matter that they took into consideration the question of the toilet facilities. The Planning ,Department was against granting this conditional use with the toilet facilities. The Zoning Hoard made great weight of this and said we wanted them to have toilet facilities even though there is a Florida which addresses mini. -warehouses which says specifically - Statute Section 83.803 of the Florida Statutes - that mini -warehouses shall not have sanitary facilit- ies nor shall. they be habitable. Nonetheless, they disregarded this, we pointed this ot:t to them and they went ahead and passed it anyway with toilet facilities Available. Another thing, the resolution itself was finally enacted by the Zonr.ng Beard, Z13-129-80, was improper and is of no force and effect. Article 32 of your Miami Comprehonsive Zoning Code sets forth specifically the condit- ion f(;,. ;-ranting a conditional. use. Section 1 (d) specifically says that be- fore. a conditional use shall be gre:nted the Zoning Board shall make a written finding that the granting of the conditional use will not adversely affect the public interest, welfare anci public safety. Now if you go through the record of the hearing, yo,,I go through the record of the petition and the resolution will. not find there a written finding which complies with Section 1 :Miele: 32. As a matter of :law, we hold that even if they had had j :risdiction it would not have been proper to pass this conditional use. Mr. Plumr:7ar: Let ire sec: i.f I understand you. You know talking about johnnies at midnigl�i, a:,r3 ;at's not your problem, of coursr_•, it's our';- Do I under- Itstntid this whole tn:i.ng really is that you want a bathroom facility in each ware- house? Mr. EmmO.r.: No, I'm sozz'y if I :rdsled you. We did not want. the toilet facilit- ies, that was one of the arguments but our basic thrust was that the ordinance :.resting the, conditional use was not. proper, that the Zoning Board did not have jurisdiction (1) to hear its. Mr. Plummer: 'Let me back up onii more tima. You are objecting to the.... Mr'. Liti(ler: Correct, we have: Filed the appeal with the City Commission. Mr. Plummer: Are you a neiyllbor? Mr. Emmer: ye::,, we're contiguous to the property. Mr.. Plummer: You're a contiguous neighbor. "u:. Eimer: Correct. Mr. Plummer: And you're objecting to the Zoning Board granting these mini- war.ehouses? Mr. Emmer: Granting the conditional use, yes, sir. Mr. Plummer: Okay, and you're basing that upon the fact that they did not have the law at the time to enable. Mr. Emmer: That's correct. Mr. Plummer: All right. Now, to the department. In other words the bathroom facili-ties aren't•. coming into play at all? Mr. Emmer: Not at this stage, wu just wanted to use all of the arguments at this stage of the game. (1) The objection to the jurisdiction predicated on the fact- that the ordinance was improper. Nonetheless, they went ahead and iluur.0 it. predicated oil the toilet facilities and we objected to it at that stage of the game. So the initial thrust would be as to the ethicacy of the ordinance. Mr. Plummer: Mr. Whipple, am•I'off base,'wasn't this the thing where the man wan: ,�,.i to use it for boat trailer space? Mr. Whipple: No, this is the------ 190 SEP 251980 6 0 Mr. Plummer: Why does that stick in my mind that the man wanted to build? Am I in the ball park here somewhere? Mr.. Whipple: The Commission specifically asked the department to amend the WI zoning district to allow mini -warehouses, to allow consideration of mini - warehouses in the WI district. Pursuant to that we proposed the conditional use of mini -warehouses in the WI and subsequently we had petitioners come in and request that approval.. Mr. Plummer: But didn't we go through the process, as I recall, we went through of amending the ordinance to allow this to be done? Mr. Aurelio Perez.: Cumrnissioner, yr.)u may remember that there was a petition for a change of zoning to C-5 of this property about two years ago. Mr.. Plummer: And we said no. Mr. Perez: And you said no. Mr. Plummior: Correct. Isn't Miami Yacht that big, what is the big company there next door? Allied Marine. Iv that you? Mr. Emmer: Yes, E.ir. Mr. Plummer: I'm getting them:. All right, I'm sorry, how long ago was this? 1.- ^mmer: You didn't r-r-al.ize that we wore the appellants here. Mr.. Plummer: How long ago was this? Mr. Emmer: This was two years ajo, three; year: ago now. Mr. Plummer: There: sr.ill something sticking in the bark of my mind that the applicant at the t.me said that he was going to use these mini -warehouses for boat storage p:-inrarily. Mr. Perez: What is sticking .i.rr your mind is the strong reaction of the neigh- borhood across that river. Mr. Pluiruner: Their's was an objection of view because of two -stories. Perez: And that they didn't want any commercial uses, that it should be reserved for marine uses. Arld at that time what you ordered as a Commission ordered, the Planning -Department was to study the feasibility of having the WI modified to include mini -warehouses primarily but not solely for marine uses. Mr. Plummer: Yes, but we modified that thinking, if I remember, by virtue if it didn't have to be exactly a boat on a trailer to be backed in there that it could be used by a man who owned a boat who had to have additional storage area and he could store his marine stuff in there. Mr. Perez: That was one of the possible uses. Mr. Whipple: Yes, but you must. remember that there is no specific conditions along those lines .included in the ordinance as the original applicant suggested. There are stores down the street who might want to use one of the mini -ware- houses, there were: lawyers therewho said they might use it. In addition to those people who were waterfront oriented might be able to use the mini storage so there is no specific limitations as to immediate waterfront type mini stor- age. Mr. Pl.ununer: All right, sir, as a representative of Searock, look, let's put the cards on top of the table. You're not objecting because of the law, What is your real. objection? Why are you opposed to it? Who do you represent? Mr. Emmer: Well, the main objection, and I prefer to have Mr, Leon Smith who is the. President of Searock address that, the real concern about this in addi- tion to fighting this particular. ordinance. I'd just like him to address that. Mr. Plummer: We I ni 1-, ,;,. ,, , _ -.1 or it's not so let's find out what your basic objection is. Okay? Mi. Leon Smith: Yes, sir, out mein objection here is the fact that, to go back ju:;t 4r litt-le bit, for years and years and years I've been in the marine indust- ry fur• about 20 year.,. Everybody knows all over the United States that Fort 191 SEP 2 51960 Lauderdale is the yachting capital of the world. rortunately over the last recent years the City government in Miami has recently awakened to the fact that the marine industry is quite a giant in the Miami -Dade County area and they have approved more dockage, we've got more marinas, it looks like things are really growing in the. Miami area where in Lauderdale they're actually filling up the slips. And our concern is this, there isn't going to be any more waterfront property, nobody is going to dig anymore canals or any more rivers and with the looks like the future in the Miami are with additional marine facilities, more docks, etc., someone has to service the product, there have to be support industries for these yachts and if there isn't any place to service them what are people going to do? They're going to go some- place else. We've got a lot of money invested in Miami, we've got quite a business. I imagine the total marine industry in Miami is probably second only to the airlines. There are thousands of employees, there are millions and millions of dollars.... Mr. Plummer: You should have been here earlier, sir. I'm talking about this afternoon when we talked about expanding the marine facilities because that's exactly what you're saying. Mr. smith: To me we're betting our future on Miami, we think it is going to be a great place for the marine industry. We've got a lot of Latin American bus- iness coming in here and it is a great concern that there isn't going to be any place else on the waterfront to wort, on a boat. There won't be these facilit- ies for rig boats and so forth and so on and it just seems like it could not be to the best advantage to.... 6,i. glummer: Were you an objector at the time of these hearings? Mr. Smith: Yes, sir. Mr, piummer: You were an objector at that time. Mr. Whipple, are any of these, I want to ask a question just for my edification. Can these object after two years? Mr. Whipple: They've been objecting all the time. Mr. Plummer: No, I mean legally to appeal, the objection of appeal. INAUI),IBLE RESPONSE; Mr. 'ferry Percy: They were present at the Zoning Board, as I recall, and the Code provides that any agrieved party may appeal a decision by the Zoning Board to the City commission. So some factual questions as to whether or not they fall into the agrieved party category based upon their ------ Mr. Plummer: Do you mean at any time frame afterwards? Mr. Percy: No. Mr. Whipple: No, only on this application, not necessarily the ordinance as am(-nded.... Mr. plummer: All right, my final question at this point is are the warehouses built? Mr. Fmmer: No, sir. Mr. Plummer: Oh, they are not. Mr.. Enaner.: The Conditional use was granted by the Zoning Board but we ap- pealed that decision. You see, we're the appellants. Mr. Plummer: I understand, sir. The two years is what's throwing me, you know, that: we -------- Mr. E:mmer: We started out at that stage....... We have appealed all along and we have objected at every stage that they have made an application and Mr. Traurig could bear that out. We have appealed it all along predicated on the argument which was made by Mr. Smith. Mr. Traurig: May I have an oppori:ui:it-y Lo teapunus Mr. Plummer: At this point we've got to figure out where you fit in this picture. Mr *Ii , Annl ; mangy- _ SEP 2 51980 JL92 A Mr, Plummer: I understand. Mr. Tr.•aurig: And I would like to call certain things to your attention. I'm not sure what the motivation is for their objections but I do know that they've been trying to buy ;:his luaperty for a long period of time or at least some- body representing himself to be a representative of the owners next door has been trying to buy this property and I think that .night be a factor, But the truth of the matter is they're patting form over substance, They keep talk- ing about was the ordi.rianc.e properly passed, did the Zoning Board properly take jurisdiction, was the resolution properly drawn up and they're not talking about whether or not the action requested complies with the spirit and intent of an ordinance passed by this City CommisSioti. I will tell you that if you look ar page 63 of your Zoning Code you will find that item 12(a) says the following uses if approved as Conditional Uses then tinder that (b)war.ehouses, mini provided all -storing cn; the site shall bu kept within an enclosed build- ing, which it is, no auctions or commercial sales or uses shall be conducted on ti— site, and they won't be, and the required waterfront yard area which is 20 feet i' accessible for permitted waterfront uses, and they will be. Now what they're saying to you is that that ordinance may not have been properly adopted, 'They're also saying to you that the notice may not have been properly posted or. framed, Then they're saying to you that the formal action taken by the Zoning Board did not have the written fi.ndinis which they made reference to. Now, mayho there are ,ome defir.iericies•, I think that is a legal matter. and I think that might have: to be decided by a court but really what are they accomplishing? What they are accomplishing is that they'll litigate this over a long period of. time, we'll come back hr.re, if it came back here with ai�-ec.ions from tho court, as to the curative action to be taken that action will be taken and this. Board of Conan:.ssioners will ultimately approve what this ordinance says should be approved. Al.i. we're e.sking for the conditional use as provided for in the ordinance. And I remember very clearly a couple o:: years ago when this ordinance was adopted the same discussion occurred, it is true tlr.. Uriiior was here, it's true that they voiced conoern on the part of Allied Marine tha,. tllu waterfront ought to be kept.... This is an old nicture but when we Cirst. came here in 1973 this is what it looked like with .this kind of dobr:is, it's better now, it doesn't look like this anymore but r..ltis 1 , jtt;,c a l.itt.11.1 t`ork of t.hL- river and tho truth of the matter is that there are a lot of businesses in this .area, the shopping center and a lot of other people who went to utilize the facilities of a mini -warehouse. Mr. Plummo r: 1.,ob, u�:cuse me. Mr. Mayor, maybe I'm trying because of the rime. Mayor Ferro: Thank ynu. Mr.. Plummer; It is my understanding, Bob, that there argument here this evening is one of legality. 0k,%y7 That's their argument here this evening not about the mini -warehouses, lo,ja.lity. And I think, Mr. Mayor, that the aryuments proforrud to this Comtn3.nsion should stick to their objection, not whether the mini -warehouses are good or they need toilets or they don't need toilets but what., in faQt, dial the 'honing Board follow the Charter and the Code and I think that is a simple thing to answer because in the final analysis we're going to turn over hr-ro and we're going to say to the Law Department, were the procedures fol.lowed correctly and are you comfortable that every- thing wa:; done right. And I think we ought to do that now and I think it is all over and they; whichever party can coo to court. The argument here, the appeal .is on legal procedure, not the mini -warehouses. Mr. Mayor, you can do the ruling the way you want but that is the way I understand it. Mr. Eimer; That is the thrust of the argument that I made, I covered all of those particular points just to take into consideration such an argument that might be broached at this particular meeting, we preserve all your rights, we ran argue in the alternative. Mr. f`lununer; Rut it. is; a lecial quust-.ion, what you're posing. Mr. Fanner; Correct. Mr, Plummer, And in the finalanalysis this Commission is going to say, "Okay, Legal Department, di.9 they do right, were they within the scope of authority?" That's where we're go,iny to be based and predicated upon that Mr'. F,nuncrr; Well, that isn't the onIX thing I want to say because should I yut an adverse ruling from them that they don't necessarily agree with my position I'm still taking tite position that if they had the authority that � the ordinance or the zoning, the resolution that they passed was not valid SE P 2519090 a because they did not make the specific findings according to the statute. Mr. Plummer: It is still a legal question. Mayor Ferre: You know I remember voting on this thing. Mr. Plummer: So do I. I remember something in the back of my mind that tells me that your place was actually more of an objection by the people who were around there that couldn't see over you and that's why we went to the one story, the mini. Mayor Ferre: That's right. Mr. Plummer: That their view was going to be cut down. Mr. Emmer: I think that most of the people who were here objecting favored Allied Marine and were against the particular piece of property that was being rezoned at that time C-5. They didn't want that density. Mayor Ferre: Yes, but the fact is that we did do it and I'm just surprised that here we are years later and you still haven't built that mini -warehouse. What do we need to do now? Mr. Traurig: I think the first thing you need to do is get some advice from your Law Department as to whether or not this matter is properly resolved by the Zoning Board. Mayor Ferre: All - sight.-: ^V'r i_ ' Mr. Percy: Mr. Mayor, he has made several allegations, firstly that the notice advertising,the hearing before the Zoning Board was defective in that it referred tothe wrong section of the Code. We have seen nothing other than the empty allegation to support this. All of the matters considered before the Zoning Board and this Commission, there is a legal presumption of valid- ity until we are shown otherwise. I have not seen. Mayor Ferre: Then my position as Mayor is exactly following your legal ad- vice on it..... MY. Emmer: May I add.ross that, your honor? Mayor Ferre: well, you address the court when you take it to court. Mr. Emmer: Yes, but we showed at the 'Zoning Board hearing the ordinance which specifically says clearly that you shall adopt a new Section (a) and the mini - warehouse is in action (a) and the advertisement was Section (b). Now that's not very difficult, we hashed this out at the 'Zoning Board Meeting and we passed this around and that was evidence shown to them at that time. And to say that we didn't show that and they don't have any evidence of it, the ordinance speaks for itself. Mr. Percy, Well, the purpose of the notice, Mr. Mayor, in reference to a speci- fic section is to put the world on notice as to what activity is to be con- sidered. The reference to a section (b) in error which Section (a) should have been referenced, we would maintain that the party has not been prejudiced by this error, that they were there before the Zoning Hoard, their positions were advanced and they were not considered meritorious and this is where we are tonight. Mr. Emmer: Mr. Mayor, we preserved that argument. That argument that counsel has just made may be a valid argument if you do not preserve your right, if you appear, as far as we were concerned (a) and (b), they are as different as night and day. Either the statute says what it says or it doesn't. That's all we're arguing here. Mr. Traur.icj; Mr. Mayor, I think the difference is when I look at the ordinance I'm looking at your Zoning Ordinance Book. What Mr. Emmer is looking at, he has in his hand what appears to be a draft or maybe the final ordinance that seems to, and I don't know if it has a signature, I don't know if it got cor- rected, I don't know why he has•a different letter than appears with your Zoning ordinance Book and it mhy fiery well ►^^ th. } Cher„ i.g 4-1-1- Al nrrn1 —r-. and your Law Department will,Eave to respond as to the effect of that dis- crepancy. Mr. Plummer: You know I'm not a lawyer but I see 12 and then 12(�) and then I see 12 (a) and (b) . 51980 194 Sr. a 1 r Mr. Emmer: But you see behind that (b) was ordinance 8884 which does not refer to it as (b), you see. Mr. Traurig is saying that here is the ordin- ance, this is not the ordinance, this is your Code but this is the ordinance which enacted that. You see, that's what the problem is. Mr. Plummer: I'm going to tell you, Father went to law school for one day, I didn't and you're getting into legal areas, I really don't think this is a zoning matter, I think it is a legal matter. Mayor Ferro: Well what is our action? Mr. Plummer: Well, if the City Attorney tells me that they acted properly and that he is comfortable with defending it in court as far as I'm concerned amen. Now that's where I'm at, I'm not a lawyer. That's what the courts are for. Mayor Ferre: Yes, Mr. Fosmoen. Mr. Fosmoen: Not to confuse the issue, but we do have a problem with the toilets in every warehouse, I think we are buying ourselves one large enforce- ment headache. Ben Pumo warehouses have toilets in every one and we all know that they have commercial enterprises operating out of them. Mayor Ferre: So what are you saying, that we ought to approve? Mr. Fo:3moen: You should approve without the toilets. The staff recommenda- tion was that there be a single bathroom facility serving the entire complex. The 'Zoning Board approved a bathroom facility in every unit and I think we are buying ourselves a large enforcement problem. Mayor Ferre: You're recontnending that we not have any bathrooms. Mr. Fosmoen: We're re,.:otinending that you not permit bathrooms in each indi- vidual facility, a single bathroom servicing the entire complex as all nearly all mini. -warehouse facilities have. Mr. Lacasa: You mean to tell me that each mini -warehouse will have to have a toilet facility? Mr. Fosmoen: No, what they are asking for is that each mini -warehouse be permitted to have a toilet facility. In our opinion we're buying a large enforcement headache. Mayor Ferre: Well, I don't see what is wrong with having a toilet. What is the problem? Mr. Fosmoen: Maybe I'm not being very articulate, it is too late in the evening. What I'm saying to the Commission is that the applicant is asking that each individual warehouse have a bathroom. We are not recommending that that be permitted. Mayor Ferre: But then tell me the logic. Mr. Fosmoen: The reason for that is that we are simply going to buy our- selves an enforcement headache because a variety of activities can be con- ducted in there including offices, including connercial enterprises and any- thing else with a bathroom available. Mr. Emmer: There is a statute in the State of Florida which specifically prohibits toilet facilities in mini -warehouses. Mr. Carollo: You know, Mr. Mayor, I've been reading in the papers -the last few days that you've had some expertise statements on toilets or something to that. affect so whatever you suggest I go along with that. M.tyor Ferre: Sure, tell us about toilets. come on. Mr. Plummer: Do it in the microphone so we can all hear it. Ms. Melodic Torrence: My name'is Melodie Torrence, I live at 1080 N.W. 13th Strut which is directly across,,on your map it is lot number 12. I believe that the objection to having dne-toilet facility in each of the mini -warehouses may have something to do with what is going on on that particular piece of property at the present time. You have people living in what could easily be considered drastically substandard conditions and it doesn't even bother them if there is no toilet facilities there now. It is really a derelict 195 SEP Z5,1980 0 si.tu�t,'.on as far as I'm concerned and anyone that lives in the area. And I really feel that if you are going to have a mini -warehouse situation and have a tn,.1-t facility in each of them that to these people that are there now this would be considered high living to be able to live in a mini -warehouse with a toilet facility because in most cases they're living without them now. .And we've seen it. Mayor Ferre: Oh, they live in the mini -warehouse without a toilet? Ms. Torrence: No, they're living in a boat yard under totally substandard housing conditions in houseboats that are out of the water and derelict boats on the land and it backs up to our property. Mayor Ferre: Okay, one way or the other..... Mr. Traurig: May I suggest a solution? That is to defer this at this point and perhaps readopt the ordinance that is in question and then pursuant to a re -adopted ordinance have another perfunctory hearing and we'll still get the samo results. Mr. Carollo: I don't think you've got the votes here, Bob, if the Commission warts*, you know, let it decide now once and for all and save everybody a lot of tine. Mayor Ferre: What is the will of the Commission? -.rI TinT 'r CONVERSATION. Mr. Plummer: No, talk to the expert on toilets, don't talk to me. Mayor Ferre: I've got no problems with that. 14.r, Plummer: Hey look, the things aren't built, the applicant - who are you, sir.? Mr. Traurig: I've been the applicant all night. Mr.. Plummer: You've been deferred all night and you're about ready to get it again. What I'm saying is he is asking that it be deferred. Okay? And as I understand it for the purposes of correcting and re -presenting in a corrected form to this Commission a corrected form of ordinance. This man is saying the ordinance is wrong, Okay, I assume when he says it is wrong he wants it Either right or out. Mr. Traurig: I don't know it is wrong, I would have to ask Mr. Percy whether or not the typed ordinance said (a) and obviously it had (b) and it was printed up as (b) which is a correct sequence of paragraphs so what is the affect of it. Mr. Emmer: The Supreme Court of Rhode Island has ruled that it is totally ineffective, a typographical error. It's no Florida law but that's the law. Mr. Plummer: Personally I don't see where we have any choice. Okay? There is an area of question. Let's defer it, take the area of question out and re -adopt it and then let's be over with it. Rev. Gibson: And not only that, Mr. Plummer, if the state law says we can not put toilets in those mini places - I hope the attorney is listening - I don't want us to come here putting toilets in there. Now, you know, if you don't want to.carry out the state law let's tell you what you do, let's go up to Tallahassee and let's change those peoples' minds. Now the State super - cedes us. Isn't that the order of sequence? Well doggone it I want to carry out the order of sequence so that when other things affect me I want to be able to be with the state. Dq you understand? Don't come in here for mini - toilets, tell all those.... Mr. Plummer: What is a mini.-Atoilet? Rev. -,son: Mini -places, tell all those people when they come before the Zoning Board they are out of'kelter, out of line, out of step and don't start entertaining no notions. Mr. Plummer: Well, Father, let me speak'for one. Okay? Something also sticks in my mind that this would be a place where people could, in fact, have their boat and repair their boat. I remember that. Okay? And man, you know you aren't a boater, Father. Okay? But Father, when I work on a tic SEP 25191900 boat in the hot sunshine I drink a hell of a lot of beer. Now what I'm saying is reasonable is something that says for every four mini -warehouses you have one toilet facility or six but not every one, I disagree with that. But it has to be a common facility available to all, it can't be locked inside of one. Mr. Fosmoen: Yes. Mr. Carollo: Well, are we going to vote upon this and get it out of the way? Mr. Plummer: Let the record reflect that this Plummer is not in the plumbing business. Mayor Ferre: All right, what is the will of this Commission? Would one of you please make your respective motions so we can vote on it? .:r. Plummer: I move to deter. Thereupon the City Commission on motion of Commissioner Plummer, seconded by Rev. Gibson moved to defer the foregoing matter by a unanimous vote. Mr. Lacasa: Bob, today was not your night, nothing personal. •i 70. INSTRUCT CITY ATTORNEY TO OBTAIN INPUT FROM OTHER CITIES FOR POSSIBLE LAWSUIT AGAINST U.S. CENSUS BUREAU FOR UNDERCOUNT OF MIAMI, PARTICULARLY IN HISPANIC 8 BLACK AREAS. Mayor Ferr_: I would like to make a motion. Mr. Lacasa, if you would chair the meeting and recognize me for the purpose of discussing the census. Mr. Lacasa: Gladly, Mr. Mayor. Mayor Ferre: I would like to refer you to the article in today's Miami News which is entitled "Judge Orders Census to add Minority Count". Now, ladies and gentlemen, the City of Miami in its Preliminary Census Projection shows , that we have a population of 5,700 people more than we did 10 years ago. Dur- ing the last ten years the City of Miami has increased 21,000 households. In addition to the increase of 21,000 households the Census Department is now saying that instead of a factor of 2.7 individuals per household they are go- ing down to 2.3. The difference between 2.7 and 2.3 is about 50,000. In other words, if they would use the same factor in 1980 that they used in 1970 then the census would say that Miami has 390,000 people rather than 340,000. Now, obviously something is wrong. The City of Chicago has put in a lawsuit and in the last few days the U.S. District under Judge Horace Gil- more decided in favor of Chicago and furthermore said in the ruling the fol- lowing:: The ruling prohibits the publishing of a census count that is not adjusted to the black and Hispanic undercount. Mr. Carollo: Mr. Mayor, I would like to make a motion that we persue in the court... Mayor Ferre: Yes, well that's what I'm doing, I'm making a motion. I gave the gavel to Armando and that's the motion I'm making. The Census Bureau must report back in 30 days as to how they will adjust the count. I would like to make a motion instructing the City Attorney in conjunction with the administration to get the proper documentation from the cities of Baltimore, Detroit, New York, Newark, Philadelphia, Atlanta, Milwaukee, New Orleans, Patterson and Wilmington on their basis for a lawsuit and adjoin those cit- ies in suing the U.S. Census Bureau for undercounting the people of Miami and particularly the black and Hispanic population. I so move. Mr, Carollo: Second Mr. Plummer: is that for outside counsel? Mayor Ferre: Well, I would want for the City of Miami Attorney to come back and recommend as to whether his can be handled in house or outside counsel or what kind of a lawsuit we're going to have. So you come back now at the next Commission Meeting. kr- SEP 2519090 The following motion was introduced by Mayor Ferre who moved its adoption: MOTION No. 80-719 A MOTION INSTRUCTING THE CITY ATTORNEY AND THE CITY MANAGER TO OBTAIN COPIES OF APPROPRIATE DOCUMENTS SUB14ITTED BY THE CITIES OF CHICAGO, DETROIT, BALTIMORE, NEW YORK, NEWARK, PHILADELPHIA, NEW ORLEANS# PATTERSON# ATLANTA, AND WILMING- TON TO DETERMINE THEIR BASIS FOR THEIR LAWSUITS FILED AGAINST THE CENSUS BUREAU OF THE UNITED STATES IN AN EFFORT TO COR- RECT THE UNDERCOUNT OF THE CITY OF MIAMI, PARTICULARLY IN THE BLACK AND HISPANIC COUNT. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mr. Lacasa: In voting yes, I would say that after January 20 we will have an administration in Washington that will be sensitive to the City of Miami and we are forced to go and sue the Federal Government because Jimmy Carter is there. Mr. Plummer: That's exactly what John Anderson told me, you're exactly right. Mr. Lacasa: That's the reason he didn't go to the debate because he feared this question. 71. AUTHORIZE CITY MANAGER TO ACCEPT GRANT: OVERTOWN NEIGHBORHOOD SHOPPING CENTER. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-720 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD OF $1,580,400 FROM THE FEDERAL ECONOMIC DEVELOPMENT ADMINISTRATION TO DEVELOP AN OVERTOWN NEIGHBORHOOD SHOPPING CENTER WITH THE EXPENDITURE OF FUNDS UNDER SUCH GRANT TO BE AUTHORIZED ONLY BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of. the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. .1130 SEP 25199110 " 72. APPOINTMENT OF PERSONS TO CIT" OF MIAMI OFFICE OF PROFESSIONAL COMPLIANCE COMMI7TEE. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-721 A RESOLUTION APPOINTING THE FOLLOWING PERSONS TO THE CITY OF MIAMI'S OFFICE OF PROFESSIONAL COMPLIANCE COW1ITTEE: DR. MARTIN AROSTEGUI ROBERT ALLEN HARDIN REV. RICHARD L. BARRY JACINTO ALBERTO ALFONSO (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 12:15 O'CLOCK A.M. MAURICE A. FERRE MAYOR ATTEST: RALPH G. ONGIE CITY CLERK MATTY HIRAI ASSISTANT CITY CLERK log SEP 2 51980 ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • DOCUMENT im, DOCUMENT IDENTIFICATION MENTINO DATE: SEPTEMBER 25, 1980 Ex 1 COMMISSION RETRIEVAL CITY COMMISSION AGENDA AND CITY CLERK'S REPORT DESIGNATING THE PROPOSED WATSON ISLAND MARINAS PROJECT AS A CATEGORY B PROJECT WITH RESPECT TO THE PLANNING AND DESIGN THEREOF ACCEPT PAYMENT FROM U.S. DEPT. OF COMMERCE FOR COORDINATING THE "TWELFTH MEETING OF THE INCER- AMERICAN PERMANENT TECHNICAL. COMMITTEE ON PORTS" ACCEPTING THE BID OF SUNSET ENTERPRISES INC.- STREET LIGHTING ACCEPTING BID DMP CORPORATION FOR BISCAYNE BOULEVARD BEAUTIFICATION PROJECT ACCEPTING BID OF APPELL-MACKE,INC. FOIL FURNISHING ONE OFF-LINE COLLATOR FOR THE DEPARTMENT OF VEHICLE MAINTENANCE ACCEPTING BID OF A.B.DICK CO. FOR FURNISHING ONE HEAVY DUTY OFFSET DUPLICATOR FOR THE DC.11ARTMENT OF BUILDING AND VEHICLE MAINTENANCE TO REIMBURSE THE OIJNER OF FARREY'S WHOLESALE HARDWARE CO.,INC IN THE AMOUNT OF $10,400.00 FOR DEMOLITION TO ACCEPT GRANTS FOR A CULTURAL PROGRAM BASED ON AFRO- AMERICAN HERITAGE ENTITLED "KWANZA FESTIVAL" CHANGE THE NAME OF CITY OF MIAMI ADVISORY COUNCIL ON ECONOMIO DEVELOPMENT TO THE "CITY OF MIAMI ADVISORY COUNCIL ON TRADE AND COMMERCE DEVELOPMENT" AUTHORIZING THE TRANSFER OF AVAILABLE FUNDS FROM FLORIDA POWER AND LIGHT FRANCHISE FEES TO THE GENERAL FUND CLAIM PAYMENT TO ZSIGMOND SZABO AND AVA SZABO $27,000.00 CLAIM SETTLEMENT ISABEL RODRIGUEZ $6,000.00 CLAIM SETTLEMENT-13ETTY VON SEGGERS $9,000.00 CLAIM SETTLEMENT-GEORGE D. SMITH-$.10,000.00 GRANTINC DADE COUNTY A QUIT CLAIM DEED-57TIl AVENUE PAYMENT OF $294,039.10 TO BROWN, WOOD, IVEY, MITCHELL AND PETTY FOR LEGAL SERVICES INRE JAMES L. KNIGHT INTERNATIONAL CENTER FINAL PAYMENT OF $32,500.00 TO LAVENTHOL & HORWATH INRE STUDIES OF JAMES L, KNIGHT INTERNATIONAL CENTER R-80-681 R-80-684 R-80-685 R-80-686 R-80-68 7 R-80-688 R-80-689 R-80-690 R-80-691 R-80-69 2 R-80-693 R-80-694 R-80-695 R-80-696 R-80-697 R-80-698 R-80-699 0073 80-681 80-684 80-685 80-686 80-687 80-688 80-689 80-690 80-691 80-692 80-693 80-694 80-695 80-696 80-697 80-698 80-699 iI I N D E),k DOCUMENTI CONTINU-ED RETRMAL PAGE # 2 commISSUN JW NO. DOCUMENT IDENTIFICATION ACTION 1! NO. 19 AUTHORIZING CITY MANAGER TO EXTEND FOR TWO MONTHS THE CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH MIAMI CENTER ASSOCIATES INC. - JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT R-80-700 80-700 20 ACCEPTING BID OF FIREFIGHTERS EQUIPMENT CO. FOR FURNISHING FIRE FIGHTER HELMETS FOR THE DEPARTMENT R-80-701 80-701 OF FIRE 21 ACCEPTING THE COMPLETED WORK OF SABRE CORPORATION AT A TOTAL COST OF $516,149.00 FOR ORANGE BOWL UPPER LEVEL CONCESSION AREAS R-80-702 80-702 22 APPROVING WITH MODIFICATIONS THE BALL POINT (MIAMI PROJECT 80-707 CENTER) PROJEC 23 ACCEPT BID-LITTON CENTRAL OFFICE PRODUCTS FOR FURNISHING OFFICE FURNITURE AND EQUIPMENT FOR THE DEPARTMENT OF SOLID WASTE R-80-708 80-708 24 GRANTING ONE YEAR EXTENSION TO PERMIT CONSTRUCTION OF AN APARTMENT HOTEL COMPLEX PLAZA VENETIA R-80-709 80-709 25 GRANTING ONE YEAR EXTENSION OF A VARIANCE TO PERMIT OPERATION OF A CAFL'TERIA ON LOTS 5, 6 AND 7- 119 N.E. 14 STREET R-80-710 80-710 26 ACCEPT PLAT: MODEL ESTATES SUBDIVISION R-80-711 80-711 27 ACCEPT PLAT: BLAIR TRACT R-80-712 80-712 28 ACCEPT PLAT: RIOS SUBDIVISION R-80-713 80-713 29 APPLICATION BY METRO DADE COUNTY APPROVED TO CONSTRUCT AND OPERATE A CENTRAL UTILITY PLANT AND PARKING GARAGE AT APPROX. 2-98 N.W. 2ND AVENUE R-80-714 80-714 30 DEFERRAL OF CONSIDERATION OF A FIRST READING ORDINANCE REQUEST FOR CHANGE OF ZONING: 2172 N.W. 3RD STREET AND 2165 N.W. 2ND STREET -APPLICANT TO SUBMIT NEW PLANS TO PLANNING DEPARTMENT M-80-715 80-715 31 AUTHORIZE CITY MANAGER TO ACCEPT GRANT;OVERTOWN NEIGHBORHOOD SHOPPING CENTER R-80-720 80-720 32 APPOINTMENT OF PERSONS TO CITY OF MIAMI OFFICE OF PROFESSIONAL COMPLIANCE COMMITTEE R-80-721 80-721