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Home My WebLink AboutCC 1980-07-24 MinutesCITY OF MIAMI HToo it 10081P 0109 � COMMISSION MINUTES July 24, 1980 OF MEETING HELD ON (REGULAR) - (PLANNING 6 ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK 1 2 3 4 5 6 7 8 9 10 11 12 13 13.A 14 15 16 17 18 ila V 1�1� • `� 1 1 1� �, V t' 1 (REGULAR) (PLANNING 6 ZONING) &UCT JULY 24,1980 PRESENTATION BY ISAMU NOGUCHI FOR REDEVELOPMENT OF BAYFRONT PARK PRESENTATION BY BRICKELL KEY INC. REGARDING CONCEPT PLAN AND PHASE II AND III OF BRICKELL KEY DISCUSSION ITEM: HIRING OF ADDITIONAL POLICE PERSONNEL DISCUSSION OF PROPOSED LEASE AGREEMENT-BAYSHORE PROPERTIES, INC. AMENDMENT MOTION TO PROPOSED LEASE AGREEMENT, BAYSHORE PROPERTIES INC. (SEE RESOLUTION #80-585 OF SAME MEETING) REPORT ON CANCELLATION OF GOOMBAY FESTIVAL PRESENTATION OF DESIGN CONCEPTS FOR RAPID TRANSIT STATIONS: BRICKELL-CULMER-OVERTOWN-OFFICIALLY CHANGING NEW WASHINGTON HEIGHTS STATION TO "OVERTOWN" -MAKING PROVISION FOR ADDITIONAL FUTURE ENTRANCE AT OVERTOWN,ETC. ECONOMIC DEVELOPMENT PROGRAM FUNDING EDISON-LITTLE RIVER TARGET AREA ALLOCATE (EARMARK $300,000 IN FY-80-81 BUDGET TO CONTINUE COST OF LIVING ADJUSTMENT PREVIOUSLY GRANTED TO RETIREES DISCUSSION ITEM: WATERFRONT BOARD ACTIVITIES BRIEF DISCUSSION: DEFERRAL OF CONSIDERATION OF PROPOSED ORDINANCE FOR CABLE T.V. FRANCHISE AND REGULATION TELECOMMUNICATIONS TRADE FAIR-"COKMO ICACIONES EXPO 81" POSITION OF THE CITY OF MIAMI REGARDING THE CIVIL DISTURBANCES 84TH ANNIVERSARY OF T-.iE CITY OF MIAMI SINCE ITS INCEPTION AS A CORPORATION PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION DISCUSSION ITEM: FACADE RESTORATION "BUTLER BUILDING" AUTHORIZE RELOCATION OF THE HISTORIC BUTLER BUILDING TO FT. DALLAS PARK (CONTINUED DISCUSSION) ACCEPT BID: CUYAHOGA WRECKING CORPORATION (FOR BUTLER BUILDING -DEMOLITION AND RELOCATION%. REPORT ON STATUS OF BASEBALL CONTRACT AT MIAMI STADIUM QRDINANCE OR KEsoLuTION No PAR NO$ M-80-547 PRESENTATION DISCUSSION DISCUSSION M-80-548 R-80-549 1-13 13-14 14-18 18-27 27-30 30- 33 M-80-550 33- 38 M-80-551 DISCUSSION 39-50 152-53 M-80-552 50-52 DISCUSSION DISCUSSION 54-55 M-80-553 55-56 R-80-554 56-64) DISCUSSION 64-65 PROCLAMATIONS 65-66 DISCUSSION 66 R-79-555 66-67 R-80-556 67-68 REPORT 68 I 11EM N1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 MEX CIiY'SSIR( HAFFLDRIDA (REGULAR) (PLANNING b ZONING) SMCT JULY 24, 1980 DISCUSSION ITEM: BISCAYNE MANAGEMENT AGREEMENT AUTHORIZE AGREEMENT DISCUSSION ITEM: ACQUISITION OF Nal MARQUEE AND DIRECTORY SIGN FOR COCONUT GROVE EXHIBITION CENTER. PROPOSED CITY-WIDE ARTS COUNCIL -DISCUSSION AND DEFERRAL GRANT REQUEST FOR CASH SUPPORT ($25,000) FOR FLORIDA PHILHARMONIC ORCHESTRA GRAN: REQUEST FOR "ALL HALLOWS EVE" CELEBRATION CONTINGENT UPON REQUIREMENTS OF POLICE DEPARTMENT BEING MET PERSONAL APPEARANCE: EUGENE A.HAN000K-BIDDING OF ADDITIONAL LAND AT MARINE STADIUM FOR MARINE STADIUM ENTERPRISES, INC. EMERGENCY ORDINANCE -REPEAL ORD. 8758-CHAPTER 66 OF THE CODE SUBSTITUTE NEW CHAPTER 66 OF THE CODE- LICENSE/REGULATE ADULT BOOK STORES, ETC. AUTHORIZE AGREEMENT: AMERICAN DESIGN 6 DEVELOPMENT CORP. OF MIAMI (BRICKELL PLACE) LEASE OF BAYBOTTOM LANDS AUTHORIZE AGREEMENT: DOWNTOWN BUSINESS ASSOCIATION $50,000 NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE DOWNTOWN TARGET AREA, DECLARE CITIZEN PARTICIPATION GUIDELINES NULL AND VOID AND REPLACE -CITY PARTICIPATION PLAN FOR THE CITY OF MIAMI C.D. BLOCK GRANT PROGRAM DISCUSSION ITEM: COMPLETION OF DIXIE PARK TIMETABLE TRANSFER $62,000 6TH YEAR C.D. GRANT FUNDS ACTION COMMUNITY CENTER, INC. DEFERRAL OF ACCEPTANCE OF BID FOR MOBILE FOOD AND BEVERAGE OPERATIONS FOR: GRAPELAND PARK, KENNEDY PARK, PEACOCK PARK AND BAYFRONT PARK ALLOCATE $2,000 QUALITY OF LIFE FUNDS -PROVIDE CASH MATCH PAN AM FOR PUERTO RICAN FOLKLORIC GROUP AUTHORIZE EXTENSION OF AGREEMENT: NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE NEW SOLID WASTE PLAN-DISUCSSION AND SEE RESOLUTION NO. 80-612 SAME MEETING PERSONAL APPEARANCE: ELIZABETH VIRRICK RE: BOXING PROGRAM PAGE #2 tDINANCE P �• SOLUTION0� (R-80-557 (69-86 ( DISCUSSION 87-89 DISCUSSION 89-91 M-80-558 91-96 M-80-559 M-80-560 ORD. 9132 R-80-561 R-80-562 R-80-563 DISCUSSION R-80-564 DEFERRAL R-80-565 R-80-566 M-80-567 (See R-80-612) DISCUSSION 96-98 99-102 103-104 104-106 106-107 107-110 110-111 113-114 114-115 115-116 117-125 126-127 t 37 38 39 40 41. 42 43 44 45 46 47 48 50 51 Ila (REGULAR) ��p (PLANNING 6 ZONING) �71 CT JULY 24, 1980 GRANT REQUEST OF LUIS SABINES, PRESIDENT OF LATIN AMERICAN CHAMBER OF COMMERCE FOR SUPPORT FUNDS NTE: $25,000 CO-SPONSOR FIRST HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE IN MIAMI SECOND READING ORDINANCE: INSERT NEW ARTICLE XXI, 5-SPD-3-BISCAYNE NORTH SPECIAL OVERLAY DISTRICT SECOND READING ORDINANCE: APPLY CERTAIN CHANGES OF ZONING BISCAYNE NORTH SPECIAL OVERLAY DISTRICT PROPERTIES IN THE VICINITY OF BISCAYNE BLVD. BETWEEN N.E. 50 TR. S N.E. 87th STREET SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION-665 N.E. 60TH STREET FROM R-1 TO R-3 SECOND READING ORDINANCE: AMEND ORD. 6871 ART. XXV BASE BUILDING LINES 1ST AVENUE N.E. AND S.E., N.E. 2 ST. SOUTH TO S.E. 2 ST.. 35' DEFERRAL OF CONSIDERATION FOR REQUEST FOR CHANGE OF ZONING 2172 N.W. 3RD STREET- 2165 N.W. 2 STREET FROM R-2 TO C-4 DENIAL OF REQUEST FOR CHANGE OF ZONING:790 N.W. 44 AVE, FROM R-3 TO C-4 APPROVE CIVIC CENTER AREA DEVELOPMENT PROGRAM - AREA BOUNDED N.W. 20TH STREET, MIAMI RIVER, N.W. 17TH AVENUE AND N.W. 7TH AVENUE VACATE, CLOSE ALLEY-N.W. 11 AVENUE -SPRING GARDEN ROAD BETWEEN N.W. 14th STREET AND S.R. #836 CITY COMMISSION POLICY -ALL MATTERS SCHEDULED ON THE PLANNING AND ZONING AGENDA CAN ONLY BE DEFERRED BY THE CITY COMMISSION UPHOLD ZONING BOARD DENIAL OF APPLICATION FOR CONDITIONAL USE: P.U.N. DEVELOPMENT-3095 N.W. 14th STREET (A) GRANT CONDITIONAL USE FOR PARKING LOTS 114-160 N.W. 59th STREET (B) GIu1NT CONDITIONAL USE TO PERMIT RESIDENTIAL SUBSTANCE ABUSE FACILITY (SPECTRUM PROGRAM,INC.) 114-140 N.W. 59th STREET GRANT 1-YEAR EXTENSION OF VARIANCE-204 UNIT HOTEL 3209-31 b 3301-03 S.W. 27TH AVENUE AND 2667-75 SOUTH BAYSHORE DRIVE GROVE HARBOUR HOTEL ACCEPT PLAT: "NETTIE SUBDIVISION" OVERRULE DECISION OF ZONING BOARD AND GRANT VARIANCES FOR 162 UNIT APARTMENT STRUCTURE AT 1617-1627 BRICKELI AVENUE SUBJECT TO CERTAIN CONDITIONS PAGE # 3 roINANCE0� LUTIoN P10. PAGE No. M-80-568 ORD. 9133 ORD. 9134 ORD. 9135 ORD. 9136 M-80-569 M-80-570 R-80-571 R-80-572 M-80-573 M-80-574 R-80-575 R-80-576 R-80-577 R-80-578 R-80-579 128-129 129-130 130-131 131-132 132-133 133-142 1 143-145 1 146 146-148 148-150 150-155 155-158 158-160 160 161-170 F 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 (REGULAR) (PLANNING & ZONING)CT JULY 24, 1980 ACCEPT BID -HEAVY EQUIPMENT FOR DEPT. OF BUILDING & VEHICLE MAINTENANCE. (KUT-KWIK CORP.) JET -VAC SANITARY SERVICE, DEBRA TURF AND INDUSTRIAL EQUIPMENT CO. FIRST AND SECOND READING ORDINANCE: APPROPRIATE INTO INTERNAL SERVICE FUNDS, BLDG. & VEHICLE MAINTENANCE, COMMUNICATIONS MAINTENANCE, ETC. ACCEPT COMPLETED WORK: COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN SCALE STREET LIGHTING PROJECT i ACCEPT COMPLETED WORK: SOUTH BAY SANITARY SEWER IMPROVEMENT DISTRICT SR-5454-C ACCEPT COMPLETED WORK: FLAGLER STREET HIGHWAY IMPROVEMENT EXTENSION SECOND READING ORDINANCE: RE-ESTABLISH SOUTH FLORIDA BUILDING CODE AS THE BUILDING CODE OF MIAMI SECOND READING ORDINANCE: RE-ESTABLISH CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD AWARD CONTRACT: PROFESSIONAL SERVICES TO CONDUCT APPRAISALS COCONUT GROVE MARINA (KELLY PROPERTY) APPROVE LEASE AGREEMENT: COCONUT GROVE MARINA (KELLY PROPERTY) WITH CONDITIONS APPROVE APPLICATION AND ACCEPTANCE OF GRANT: U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION ECONOMIC ADJUSTMENT PLANNING FOR AREAS IMPACTED BY DISTURBANCES AUTHORI7E AGREEMENT: EXPOSITION CORPORATION OF AMERICA' MARINE STADIUM POWER AND SAILBOAT SHOWS NEGOTIATE CONTRACT: PROFESSIONAL CONSULTANT SERVICES TRAINING AND TECHNICAL ASSISTANCE PROGRAM FOR NEIGHBOR HOOD ECONOMIC DEVELOPMENT ORGANIZATIONS EXECUTE AGREEMENT: METROPOLITAN DADE COUNTY PLANNING DEPARTMENT SERVICES TO DEVELOP STRATEGIES AND PROGRAMS TO INCREASE MINORITY EMPLOYMENT CIVIL CENTER/ GOVERNMENT CENTER AREA FORMALIZING RESOLUTION: AUTHORIZE AGREEMENT-ARLYN ENDE TO CREATE TAPESTRY FOR CITY LITTLE HAVANA COKMUNITY CENTER FACILITY INCREASE ALLOCATION FOR 6TH YEAR C.D. BLOCK GRANT FUNDS FOR PREVIOUSLY APPROVED SOCIAL SERVICE PROGRAMS (LOS VIEJOS UTILES-ASSOCIATION OF THE USEFUL AGED) AUTHORIZE CITY ATTORNEY TO EMPLOY FIRM OF FINE JACOBS LACK KLEIN COLAN AND SIMON, P.A. AS SPECIALIZED LEGAL COUNSEL -HOUSING AND COMMUNITY REDEVELOPMENT ACTIVITIES ACCEPT BID: MOVING SERVICES TO NEW ADMINISTRATION BUILDING FOR SEVERAL CITY DEPARTMENT. (BEKINS MOVING AND STORAGE) PAGE #4 I►+uwI �o PAGE NO, SOWTION , I R-80-580 ORD. 9137 R-80-581 R-80-582 R-80-583 ORD. 9138 ORD. 9139 R-80-584 R-80-585 171 171-172 172 173 173 174 175 176 176 R-80-586 1 " R-80-587 177 R-80-588 178 R-80-589 178 R-80-590 1 179 R-80-591 179 i R-80-592 1 180 R-80-593 181 in NO@ CIIYI�i'i1SSIi (REGULAR) (PLANNING 6 ZONING) �� .tax QJ RA�1, FLORID4 JULY 24, 1980 PAGE #5 rso1NANCE WTION t�Oi , I PUr No, 69 APPOINT WILLIAM, KLEIN TO DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS R-80-594 181 70 ' AUTHORIZE MANAGER TO SUBMIT MILLAGE RATE TO DADE COUNTY PROPERTY APPRAISER'S OFFICE FOR FISCAL 80/81 R-80-595 182-184 71 AMEND EXISTING PROFESSIONAL SERVICES CONTRACTS FOR TRAINING PROGRAMS: MIAMI DADE COMMUNITY COLLEGE- GARCES COMMERCIAL COLLEGE, INC. CHARRON WILLIAMS COLLEGE, INC. M.T.I. SCHOOL INC. DATAMERICA INSTITUTE, INC. CETA TITLE IID PARTICIPANTS R-80-596 184 72 INCLUDE $10,000 IN BUDGET FOR FY-8182 BUDGET FOR SISTER CITY PROGRAM 1982 SISTER CITY INTERNATIONAL R-80-597 185 CONFERENCE 73 CREATE "SISTER CITY BOARD"-15 MEMBERS M-80-598 185 74 APPOINT MANOLO REBOSO AS CHAIRPERSON OF "SISTER CITY BOARD" M-80-599 186 75 APPROVE EXECUTION OF REVISED PARKING AGREEMENT- MIAMI CENTER ASSOCIATES, LTD. R-80-600 186 76 APPROVE TENTATIVE RE -PLAT OF THE CONVENTION CENTER TRACT R-80-601 187 77 AUTHORIZE MONIES TO PAY FOR ALL OR PART OF COST OF CONSTRUCTION OF CITY PARKING GARAGE UNDER THE TERMS AND CONDITIONS OF PRELIMINARY UDAG AGREEMENT. R-80-602 188-189 78 FIRST AND SECOND READING ORDINANCE: ESTABLISH HIRING OBJECTIVE BLACKS, LATINS AND WOMEN POLICE, FIRE, PUBLIC SERVICE AIDES, ETC. ORD. 9140 189 79 WAIVE FULL RENTAL FEE FOR USE OF MIAMI BASEBALL STADIUM AUGUST 16, 17 AND 23, 1980 FOR LATIN A*ERICAN BASEBALL ACADEMY SUBJECT TO CONDITIONS R-80-603 191 80 CONSENT AGENDA 191 80.1 BID ACCEPTANCE -UNIFORMS FOR FIRE DEPARTMENT-JULES . BROTHERS UNIFORMS, INC. R-80-604 191 80.2 BID ACCEPTANCE-3 CUSTOM RESCUE AMBULANCES FOR FIRE , DEPARTMENT -HERO PRODUCTS, INC. R-80-605 192 80.3 BID ACCEPTANCE-RIVERVIEW STORM SEWER PROJECT - PHASE I-INTERCOUNTY CONSTRUCTION CORP. R-80-606 192 80.4 BID ACCEPTANCE -NORTHERN DRAINAGE PROJECT E-48 JOE REINERSTSON EQUIPMENT COMPANY R-80-607 192 80.5 BID ACCEPTANCE -LITTLE HAVANA COMMUNITY DEVELOPMENT STREET IMPROVEMENTS PHASE I-P.N.M. CORP. R-80-608 192 ' "'`:EPT C7' 7:,E': SD WOR!, -BAMA CONSTRUCTION COMPANY FOR FIRE STATION NO. 9 R-80-609 192 80.7 APPROVE ONE YEAR EXTENSION OF EMPLOYMENT- VIRGINIA LIEBERMAN-POLICE DEPARTMENT R-80-610 193 81 DEFERRAL TO SEPTEMBER: PURCHASE OF FURNITURE FOR ADMIN.BLDG. CITY OF MIAMI HIRING PRACTICES; DISCUSSIO OF FORMER FINANCE DIRECTOR'S RESUME DEFERRAL 193 Ipm PAGE #6 10 ND. (REGUALR) &UCT 3ULY 24 1980QRZINANCE OR, KESOUJTION NO. PAGE NO' PLANNING & ZONING) 82 83 84 85 86 87 88 89 90 91 92 93 96 97 T'RA.,NSFER $1,400,000 FROM CAPITAL IMPROVEMENT FUND SECTId 8 HOUSING PROJECTS DESIGNATED DADE 8-1 WYNWOOD, DADE 8-3 COCONUT GROVE AND DADE 8-11•LITTLE HAVANA AND DADE 8-12 TOWNPARK EMERGENCY ORDINANCE: APPROPRIATE $1,400,000 CAPITAL CONTRIBUTION TO ASSIST IN DEVELOPMENT OF SECTION 8 HOUSING PROJECTS -SAME AS ITEM 82 EMERGENCY ORDINANCE: TRANSFER $13,000 TO DEPT. OF HUMAN RESOURCES HIRE 3 STAFF PERSONS TO RECRUIT 150 POLICE PERSONNEL FIRST AND SECOND READING ORDINANCE: AMEND SECTION 38-45 OF THE CODE - OFFER TO COMMIT LEWDNESS/ ASSIGNATION CONSTITUTE A VIOLATION OF THE CODE ESTABLISH NEW TRUST AND AGENCY FUND -CITY ARTS - NEIGHBORHOOD ARTS SERVICES-4TH YEAR FIRST AND SECOND READING ORIDNANCE: ESTABLISH 3 TRUST AND AGENCY FUNDS -HEALTH MAINTENANCE PROJECT, POLICE PERFORMANCE MEASUREMENT PROJECT, VOICE PROTECTION PROJECT FIRST AND SECOND READING ORDINANCE: APPROPRIATE $28,000 TO FUND DESIGN OF CITY ADMINISTRATION BUILDING - PHASE II FIRST AND SECOND READING ORDINANCE: APPROPRIATE $28,000 FOR FOOD PROGRAM FOR NEWLY ARRIVED CUBAN REFUGEES FIRST AND SECOND READING ORDINANCE: ESTABLISH NEW TRUST AND AGENCY FUND "CUBAN REFUGEE FODD PROGRAM" FORMALIZING RESOLUTION: ANNUAL FEE FOR GARBAGE COLLECTION (AS AMENDED) ALLOCATE $5,000 FOR LEE EVANS MEMORIAM BOWLING TOURNAMENT RESCHEDULE REGULAR CITY COMMISSION MEETING IN SEPTEMBER TO TAKE PLACE ON SEPTEMBER 15, 1980 BEGINNING AT 9 A.M. ACCEPT $1,000,000 GRANT FOR EDA-PWIP SUMMER INITIATIVE PROGRAM AUTHORIZE MANAGER TO ACCEPT EDA GRANT-$19000,UUU TO !LATCH GRANT WITH $250,000 IN KIND FOR SUMMER INITIATIVE' PROGRAMS MODEL CITIES-OVERTOWN,DOWNTOWN AND EDISON LITTLE RIVER AUTHORIZE MANAGER TO ACCEPT GRANT-$969,778 LATIN RIVER - FRONT EMERGENCY SHELTER ESTABLISH NEW TRUST AND AGENCY FUND LATIN RIVERFRONT EMERGENCY SHELTER R-80-611 193 ORD. 9141 1 194 ORD. 9142 195 ORD. 9143 196 ORD. 9144 197 ORD. 9145 198 ORD. 9146 ORD. 9147 ORD. 9148 R-80-612 R-80-613 R-80-614 ORD.9149 R-80-615 R-80-616 ORD. 9150 199 200 201 202 203 203 205 205 205-207 208 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 24th day of July, 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 9:12 A.M., by Mayor Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre ALSO PRESENT WERE: Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegience to the flag. On a motion duly made and seconded, the Minutes of the meetings of April 25, May 8, and May 22, 1980, were approved. 1. PRESENTATION BY ISAMU NOGUCIiI FOR REDEVELOPTSIrNT OF BAYFRONT PARK Mayor Ferre: It is very rare that a community has an opportunity to have excellence visit and become a part of the thread of the community. We have as our first item on the agenda today, such an opportunity. There are those who have doubts. This is a community that traditionally lives with many doubts. We're always worried about taking the next step forward. There's always enough of us who like to look at things and see the bottle half empty rather than to see it half full. I am one who chooses not to look at life that way and not to look at the opportunities that the community has that way. Because for every problem that we have before us, we also have ::n opportunity. And what we have today is an opportunity, an opportunity, a significant opportunity to make a very major step forward in establishing the City of Miami has a major international metropolis. Major cities, throughout history, do not exist in vacuums. And one of the things that is essential to a civilization and to the development of life in the City is the sense of leisure. It is leisure that brings forward the development of the arts because it requires time to contemplate., What we have before us is an opportunity to have a park that will De'both a factor in the leisure of the city and in the contemplation of beauty. We have enough God given beauty and what we're trying to do now is to make a statement that we who live in this community, appreciate our God given beauty and are willing to compliment it with what is as important to us as human beings, and that ' JUL 2 41980 ist - - Mayor Ferre (continued) . is t:.� ,_� t . -. ; i, .n and vrxrien. This is an expression of that creative Aria w-'re fortunate to have one of the eminent artiats alive in t..e world today. A man who has already gone into history, a man who onto himseli. He's a very modest maa,. 2u. :vc : �1:.. c:ter t:,at xind of talk. But he is, of course, a -,a. _ 7 v-_ry m,.r. a ,art of the modern scene. I have ,.,t ti4at ,.c;uch; .:oul-o have chosen any city he wanted, dn!rw} i:l"L ill ': v u r,i(i.,ect. it.L'rk are that many cities; and co:L:ur--:,.:, anu t .; : _ —Lor Noguchi to do something within their comma,::it:it is -to. w- w:,o c'rc,,,e Noguchi, it is Noguchi who chose us. And for that I think tnosc oz uze who understand and have a feeling and a love for : or L:,ut we must ae grateful This is not an easy pro-.cct.. VT. ti.t )t,,ei h Y.�., ntcitrQr i. It I thin;: it is vt:i,, , ro),a,L—. 'r,.: wonderful cooperation from Claude Pepper. If it, as .. m-tLor of f-ct, I Say that if it weren't for Claude, for : u:.0 _ot -:,u!::. ' t De flew toddy bcca,is(. Senator Claude_ ?cPper wnc ::.�:: trrcli5r. tc-u :.5. C-Dr) of Gncl;,e_er„ gotten u5 sor..e vary import '-'nc co;,,ciitmer.t:, for :,.a,or :;.main(, . pr : as �:e will hear in a _:tt:._: wh-le, betweLn L:,u pr.vatc sector and the public sector, including the Of I t:,l:.:i w,�: Can maKe a mda or Lf'; forward. Let me, before introducing Mr, tioguc:.i, co two more statements. Ci:u that one of the thing:, that we've done successfully in t'-.L C.ty Miami in the past few years is leverage. T:-iat is to tu;co One c-i our dollars and build something ten times nigger. The classic exarlpie of that is the Convention/Conference Center, where we have taken five million dollar funding from City monies and we're up to perhaps a two hundred million dollar project now. Now, I don't think we can ever repeat that. I think that will be the classic case in the country, of a city leveraging a relatively small amount into a very, very dynamic and important project. And it took Mr. Jar..es D. Knight with his three million dollars and the University of Miami, and then it took the Federal government with different grants and different things, and we were able to get the County to come in with five million dollars, we got the private sector and one thing led into the other until we ended up with this magnificent project. This is such a case. This is a project where we can, with two and a half million dollars of the City build a ten million dollar project. And perhaps it might cost more than that, but I'm sure we can got additional funds if it is necessary. And lastly, I think that one of the wonderful qualities that I've learned to appreciate about Mr. Noguchi, and he is a very interesting man, is that he represents so many of the important values that are Japanese culturally, but he's just as American as apple pie. Now I don't know whether that comes because he had an Irish grandmother from I don't know where in the country, but he's just as American as he is Japanese. I think that's a wonderful combination for somebody to contribute. And he has, because of that, the sensitivity that is so important in a project of this nature. This project is the right project, at the right time, in the right place. Mr. Noguchi. Mr. Isamu Noguchi: Thank you, Mr. Mayor and for the attention of all of you. I think it's very logical that the People Mover and the people's park have finally come together. And through many changes and decisions, I think we have arrived at a plan which would do the things that we honeA it. would. The idea was, you might way, a revolutionary one for our times, in that it would be a park for people. Not an escape from the City but a place to go to, a place of congregation. And I was able to do a park of this nature in Detroit, and it is significant to me that the situation here has more or less drawn me to do this inspite of my great doubt and hesitation which delayed my involvement for about a year. Because I thought, why should they want to tear down a park, how can I become involved in resuscitating a park. Because resuscitation itself prevented real creativity. You have to really be born anew to be completely creative. And the final coming together of the People Mover and a Park for Many People is I think very logical. The idea, you might say, is new for our times, that a park should be made for vast numbers of people but it is really not a new idea at all. We have had, for instance, in the very beginning of America, the village green. It was a place for people to congregate. And you know, in Spanish terms you have the passo, you have JUL 24V 0 0 6 Mr. Noguchi (continued): you have the ramblas where people have always met each other of an evening, as it becomes cooler. And I remember down in Vera Cruz and various other places, in Barcelona, you know, how people always come together and meet of an evening. And in a hot country the evening is verb precious. And here in this park, we have an amphi-theater like a ramblas you might say, which is three hundred and forty feet in diameter. Where Suing around it five times would make a mile. But what better place to meet people than walking around that marvelous circle, you see. You have a park which is one thousand feet long. There's an avenue there. It is a kind of a... two avenues as a matter of fact. And you have this wonderful sort of place as a meeting, which I felt was very important. That people meet each other, people perfrom for each other and listen to music, to do whatever you know, ocasion one needs for communication. And I was just talking with Detroit the other day, and the mar, I was talking to in Renaissance Center, said I'm looking out the window and they're getting ready for a big jazz affair there. Two jazz bands are coming and there are fifteen thousand people down there already. And that's the way it is. It becomes an institution, you see. And I'm prouC to say that I was the one who suggested it, these two amphi-theaters there. And here you have a tremendous amphi-theater, a real center for the whole Miami. Evervkx,dv can come and enjoy themselves. I hope you will notice that plan up there which gives some vague idea of the kind of plan, very roughly done, to show how the trees will prevade the whole place. All the areas in clay which is indicateu not in wood, but the clay part are planted either as grass or trees, you know, and the...there are here beside this plant, beside the central amphi-theatre which will hold at least three thousand people, to observe an area in front which is a great semi -circle of... for a gathering place, the center of the project, a place with tables and I hope, you know...food, vending machines, kiosks that would come out from underneath the proposed underground park on two ends here. You will notice, if you will examine it that it's a very easy circulation of service facilities into the park so it will be served, for instance, at lunch time with food and there will be all sorts of activities here which will be programmed such as it is in Detroit. When Mayor Coleman Young came into Detroit, first thing he said to me is where's the ethnic festival going to be? And I said, right down stairs, you see. It had always been right along the river there. Now here you will have a similar situation and all the things that I learned, and I have learned my lesson in Detroit, I' ve tried to include in this, the necessity of moveable kiosks, of moveable stage, of the changing scene of the myriads of people that will be entertaining, that will be enjoying, that will be participating in the park. I have, when the People Mover was suggested as being appropriate to be a part of the park, I changed the configuration of the plan which I had previously brought. I eliminated the garage, at least at one end of the park and put there instead a restaurant along with the People Mover so that the whole area underneath joining the People Mover to the..into the park...is open underneath. There are approaches to the park from the People Mover at two points, from underground, from the end of Flagler Street into the park, a large avenue approach. And there is an incline of walk which is never more than one to ten, mostly one to fourteen. So that you have a gentle walk everywhere. And I think that this place to come to, a place to meet people, a place to be entertained and to entertain will be a part of the regeneration of Miami because people will feel, will find, you might say a front parlor for all people. That is to say, it is not just a place for the people from the big buildings along here but for all the people of Miami. The various groups that you have here will find here, within this very vast ;parlor a sense of ownership and belonging to them as well as to anybody else. I mean, it is a place where people will get to know each other and be friendly disposed. I've tried to bring into this park aspects of what an outsider perceives of the beauty of Florida with its waterfront and its palm trees. And in twp areas, you will notice the white; it is Intended that it should actually be sand. And that there will be, where you see the brown there, that will be.a large play area for small children, such as I did in Atlanta, Georgia. All along the waterfront there will be these palms. You will notice, if you will examine the plan up there, it's rather faint, that the whole section along the waterfront is typical and sort of gloriously typical Florida. There are two fountains included, 03 J U L 2 41980 - 0 Mr. Noguchi (continued): one towards Ball Point which is a very modern and stainless steel, luminous fountain which will be sort of suspended there at night in the darkness, with the water flowing from it, somewhat similar to the Detroit fountains. At this end here, is a very large sea water fountain which I've perceived as being a rocky hill over which the water from the sea will be circulated in vast amounts flowing over these rocks in white foam exactly as you will would see from the sea with sea waves, the foam of the salt water which will be circulated constantly so that, you know, it will be a spectacle and also a place for children to go to should they wish. I don't think I should keep on going forever because I could keep on describing things whereas it is for you to discover. And may I say that this attempt on my part is to cope with the automobile in the best way I could, which was to make it, you know, as less visable and incursive as possible but without making actual walls and without actually, you know, in a very gentle way to make a certain kind of barrier between the hubub of the City and a relatively quiet park. It is a little too complicated for me to go into the relative heights and so forth, but you will notice, it is a very subtle gradiant all over the place. You're either walking up and down but it's so subtle it's difficult to depict on such a small model which is one sixteeneth of an inch to a foot. You will see the tiny figures in there which I put in with a little wire. But in a model on a sixteeneth scale which is already big enough to get here from New York, I could hardly, you know, impress you with the height of it because it isn't high. The highest point is only thirteen feet, lets say fourteen. And that's the way it is and I hope you will examine it and find it both you know, awakening to a future and the —and a real sort of contribution which I hope will make to the rebirth of Miami as a lovely city. One thing I'd like to note about the amphi-theater, the green in there is really an indication of planting behind cne seats so that within this large audience, you will be sitting there also among greenery. And that you will find a sense of greenery and of a pleasant vale. And nature will add to the sense of peace and calm which is so necessary. Thank you very much. Mayor Ferre: Thank you very much, Mr. Noguchi. (APPLAUSE) Senator Pepper asked me to read a letter into the record. He sends all of you his best wishes and he's sorry that he was unable to be here but he wanted to express his very strong support of this project. The letter reads as follows: "I would like to take this opportunity to appraise you of the latest developments with respect to the funding of the Noguchi development in Bayfront Park. As you know, we were pursuing funding for the various stages of the parks development though the Corp of Engineers and the State of Florida Land and Water Conservation Fund. I am pleased to inform you that through my efforts, there are funds appropriated to the Cory of Engineers for both fiscal year 1981 for two hundred thousand dollars, and for fiscal year 1982, of five hundred thousand dollars for the bay walk portion of the project. These funds are to be matched by the local government. The Downtown Development Authority has been instrumental with the Corp, in obtaining an agreement whereby existing funds will be used for the riprap work that is necessary at the bays edge. I have contacted the Corp and offered my Pupport for the Authorities request. With respect to the Master Plan my Isamu Noguchi for the design development phase of the work, I have been able to obtain an oral commitment from Mr. Nay Landrum, Director of the State of Florida Land and Water Conservation Fund, to give this project favorable consideration once a formal application for funding is made. Maurice, you know I am glad to be able to report the above information. The Noguchi design for the park is indeed in the public's interest and I look forward to continuing my support. With warmest personal regards to all believe me always, sincerely, Claude Pepper, Member of Congress". We also have, as you will see in your packet, a letter from Emilio Calleja, the Executive Director representing the Downtown Miami Business Association. And it reads in part as follows, "The Downtown Miami Business Association has carefully analyzed the revised plans for bayfront Park and is fully aware of the significant cultural and visual impact it can make upon our city. Our board of directors has, therefore, endorsed unanimously the Noguchi concept for the ist .04 JUL 2 41980 0 Mayor Ferre (continued): redevelopment of Bayfront Park." The... we have a letter from Ruth Shacx which says the following, "Dear Maurice, the possibility of our community building an urban park design by Isamu Noguchi, an American sculptor and designer of international reputation is an opportunity Miami cannot consider lightly. There has been much rhetoric about our preemminence as an international center and our commerce has caught up to our talk. Now we have an opportunity to show our penchant for excellence as well. What finer balance to Philip Johnson's cultural complex could we have than of Noguchi's urban park? Flagler Street will come of age. I will be out of town and unable to attend your public hearing on Julv 24th, but I did want to be on the record in support of this marvelous project." We have a letter from the Cultural Executive Council signed by Steven Parsons, President. As you know, this is compos-:d of all the professional directors of all the major curtural instututions in this community. "I have been instructed by the members of the Cultural Executive Council to submit a letter of support of the proposed Noguchi plan for the New Bayfront Park. At our last meeting of the membership of the CEC, on July Sth, a presentation was made by Kitty Roedel. Mrs. Roedel's presentation wnicn included botsl a verbal, visual portrayal of the proposed Noguchi plan was expertly delivered and was followed with a lively disucssion. our membership voted unanimously to endorse the concept, the development of the Noguchi desigr, park. Nct only does this park offer the maximum in beautification, benefits to Miami, but the potential of a much needed performance area in the hear= of downtown Miami. My hope would be that the amphi-theater would be developed with the utmost concern for quality accoustics and highly professional staging components both for the utilization of our major cultural presentations and the enjoyment of our residents and visitors. I would encourage you and all the City of Miami Commissioners to support this very special community project. Thank you and best wishes." We also have a letter from Steve Sonaben, President of the urcater miami Hotel and Motc.l Association. "Dear Mayor Ferre, at a meeting of the Miami Convention. Bureau Policy Advisory Committe, held or. July 21st, a presentation was made by Kitty Roedel of the DDA. The projected plans for Bayfront Park were explained by Miss xoedul and accepted in good faith by the members of this committee." We also have a letter from the Lunch 'Time Lively Art Series, signed by Ruth Levine, Associate Coordinator. "Thank you for the opportunity to study the plans for the projected park in downtown Miami. Isamu Noguchi's vision of a green oasis in the City is in my opinion, one that can attract and serve people from all points in the country as well as tourist, in the county as well as tourists. It would be one of the critical achievements in developing the dowtown area. As you know, the Miami Dade Community College, New World Center Campus Lunch Time Lively Arts Series has a growing audience for its wee*-.ly daytime events. We could make use of the park for appropriate programs in the appropriate settings. Miami's performing arts organizations are unquestionably an immediate need of such a resource." We also have telegrams and a telephone call from the property owners, the immediate property owners. I got a phone call yesterday from Ted Gould to let me know that he is totally in support of this project and wishes to sit down and discuss his and his orgnaizations active participation in seeing that this becomes a reality. We have a telegram from Harry Hood Bassett, Chairman of the Board of Southeast Bank which is the other neighbor. It reads, "While I cannot attend thv public hearing on t�.. Noguchi Plan for Bayfront Park on July 24th, I wanted to express Southeast Bank's support of this project. We feel the plan is an exciting one and one that will enhance our area." And laatly, you have before us a resolution from the Downtown Development Authority which was passed unanimously endorsing the redesign of Bayfront Park, urging the City to pursue the project and recommending that the revenues accruing to the City from benefiting properties be used to redevelop slums and blighted neighborhoods. I think it's important that we take into account whatothose conditions are. The resolution takes into account that the estimated budget is ten point two million dollars, that two faint r-ix would come from local government. That sev.r point six would come from State, Federal and other, and private sources, and that it has four conditions. One, that it approves the design as presented; two, that the City Commission is urged to look favorably ist � JUL 2 41980 6 • Mayor Ferro (continued): upon this, opportunity to make bayfront Park a well patronized international landmark and focal point of downtown Miami; three, t1.at the opportunity for the City to leverage two point six million into a te�:i point two million project be vigorously pursued by the City and the ODA and lantly, that a portion of the increase in tax revenue accruing to the City resulting from the announced development at Ball Point and Dupont Plaza be applied toward the redevelopment of the slum and blighted areas identified in the City's resolution number 80-452. That last paragraph I think is very important because some of the questions that have been asked are why should we spend these kind of resources in this kind of a park when we still have not finished our neighborhood parks'! knd I think this takes that into account by making a very specific statement and that is with the availability of tax increment plan, that the DDA recommends that the growth that is now taking place at Ball Point and Dupont Plaza be partially used in the future, to redevelop the CUmer-Overtown area. And I think that's something that this Commission has gone on recora on and we feel very strongly about, so I would recouLnend, I'll open it up for questions and comments, but I would recommend that after that, if it's the will of this Commission, that we pass a resolution of concurrence with the one that we have before US. Mr. Lacasa: Mr. Mayor, I have just received a telephone call from Washington from Congressman Pepper. He wanted to make sure that his letter, as I explained that you have done, was introduced into the record and sends his Lest wishes to all of you and expressed his support of the project and the coi-nitment of the Federal funds that he explained in hi; letter, to this project. fiery seldom do we have, as you said before, an opportunity such as this in our community. The tremendous support evidenced also by the citizens of the City of Miami, people that have the best interest of this City at heart. it makes it almost impossible not to join in this effort. So, it is with a let of pride, that I would like to move that this City Commission e.ldorse the Noguchi project and give our sincere thanks to him for his efforts towards the beautification and enhancement of the City of Miami. Mayor Ferre: I will, Commissioner, I will recognize your motion after the rest of the members of the City Commision have had an opportunity to either ask questions or make statements. So anybody else who wants to make any statements or questions? Father Gibson: Mr. Mayor, I just thought we ought to ask the public... Mayor Ferri: Yea:, I'm going to do that. Father Gibson: ...if they have anything to say... Mayor Ferre: I will do that in a moment, after the members of the Commission have the opportunity. Anybody else want to make a statement or ask questions? Mr. Carollo: Yes, Mr. Mayor, I'd like to make a statement. Mayor Ferre: All right, Mr. Carollo. Mr. Carollo; I'd like to start off by thanking Mr. Noguchi for the effort and work that he's put into this presentation. Definetly you can tell he's taken many many long hours of thoughtful consideration by him in the work that he has undertaken. While there is many areas in his presentation that I like, that I think are very positive, there are some areas that do bring some concern to me. We talk about Miami coming of age. Well I really want Miami to come of age but in our own way, indepenCent from influence from other cities that have little in common o�, a lot of difference.from Miami. Detroit, Atlanta are fine citieb. But Detroit and.Atlanta do not nave a lot of the God given beauty that Miami has. They don't have the sunshine, they don't have the greenery, they don't have the fine weather and surroundings that Miami has. They don't have a fine ocean like Miami is lucky to have. We 06 O U L 198V ist Mr. Carollo (continued): can't compare something that's good for Detroit, something that's good for Atlanta and say that's what's good for Miami. There's a major difference. I think that we, City Officials, have to look not only to the future but to the past. Because if we don't learn from history, history repeats itself. The only want that we can go into the future in a positive manner is by learning from the past and looking at the past. We all like to be progressive, we all like to be positive. It's part of the American way. But I wonder, I really wonder how many times people in our administration, people in the areas that it really affects, decisions that are made in our city, think about what the real Miami is like. What the average income, lets say, of your average Miamian is like? My own opinion is that your average Miamian is too busy struggling to make a living in some really testing times, Inflation is out of control, taxes are killing him, to really be so concerned about enjoying some of the pleasures of life. It's fine and dandy if you have the abundance of wealth to live in some of the plush new buildings that are going up in Miami, in one of the few areas of Miami that you have that type of homes that are worth half a million dollars or more, to give the time to think about projects like this. Well these projects are fine for Miami but for my own judgment, I would think that a lot of the people that have been encouraging this Commission to 80 ahead right away, and rush into a-pproving this project are not residents of Miami, do not live in Miami. It's nice to try to make a decision for other people but when five o'clock comes you go home. I see a lot of these people that have been recommending this don't go home to the City of Miami. They go home to some other areas that are not Miami. One of my main concerns is that no matter how much money we pump into rebuilding downtown Miami to Bayfront Park, I don't think we're going to have too many faces there after dark unless this City lives up to its obligation in providing adequate police protection for those areas. I don't want to have a multi -billion dollar downtown Miami that's a ghost town after five o'clock. And it really shocks me to see that we're at least three hundred police officers short in the City of Miami, if not more. The average major city in the United States that has a quarter of a million people or more has three point five police officers per one thousand citizens. Do you know what our city has? Maybe one point nine per one thousand citizens. We're about half short of what we should be. So no matter how much money we pour into Bayfront, we pour into downtown Miami, unless the City lives up to the obligations that it has, its first priority is protecting lives and property, this is just going to be another ghost town like Bicentennial Park. This Commission went on record of wanting an additional one hundred police officers. And with that, we're still going to be quite short of what we should have. Right away we hear from our City administration that in order to have that, we again are going to have to tax to death the average Miamian to pay for this. So that a lot of other people that don't pay taxes in Miami that probably have little in common with the average Miamian can enjoy our facilities. I have great reservations also in blocking up the view of the bay again, getting rid of a God given conception that we have from a lot of cities. All the fine Rreenery that we have in Bayfront Park. And I'm strongly opposed to tearing down a fine old building. It's really not old when you consider a building thirty years old still has quite a bit of life to it, but a very unique building, the library. I think that before this Commission rushes into anything, it should give an opportunity to different segments of the community to express t!-_.ir views. I, for one, would like to hear the opinions, the suggestions of Mr. Doug Barnes. He was one of the architects who helped build, construct Bayfront Park back in the 20's. The first superintendent of Bayfront Park. I think this project has a lot of merit but 1 don't think we should go into it blindly. I think we should go into it one step at a time and really give the chance to the real Miami to be heard. Thank you, Mr. Mayor. Mayor Ferre: Any other comments? Mr. Plummer: Maurice, if T may. Well a comment first. For so many years we have had, and I think a tremendous thing for this City, that we are able to enjoy as much of the waterfront, I think more than any major city in the United States because we have it in City ownership. The J U L 2 4190W 6 0 Mr. Plummer (continued): thing that has been the problem is the lack of use of our people in attraction to the waterfront. Every time in the last ten years, as I've sat on this Commission, that we go to dedicate a park, I have made the same comment and I think the comment bears well today. Whether or not the money was well spent in the development of this park, will not be because of the Commission or the designers or the people who built it. The real test is whether the people use it. And if that be the case, then it was money well spent. I look back, maybe some of the greatest criticisms or problem that we had in this Commission, to me today, has proven that it was probably the money was beat spent by this Commission, and that's the little dominio park on Southwest Eighth Street. I've never seen a place that is used more by the people of the neighborhood and the community. I recall the criticism of Kennedy Park. That it was too much money. Today it's a pittance in my estimation. Because that real estate owned and developed by this City was to me money well spent. And looking to this plan which we have before us today, we won't be making the decisions here. The people who will be raising the money will not be making the decisions. The final decision will be if the people of this community realize the opportunity that they have in the development of probably the most choice piece of real estate in this community. Something that's very exciting to me, and something that the Mayor brushed upon before, and that is that it's not just this Commission or Mr. Noguchi, but the interest of the private sector of this community who are willing to put their shoulder to the wheel to make this a better community in which to live. And for that I am most grateful because it tells me in advance that the people arm interested and the people will see that it is a successful endeavor by this City. Mr. Mayor, I have only expressed one concern throughout this entire process and I think, unless its been expressed, I would want it on the record. We spend millions, and millions of dollars a year in this community for tourist related activities. And one of the finest things that we have in this community that for three hours on New Years Eve, we have exposure to the world of some fifty to eighty millicn people to show the moon over Miami and the night that we have during the Orange howl festivities. I would like someone to address that there will be no problem between this concept and the wonderful Orange Bowl Parade that we have each and every year. Mayor Ferre: All right, do we have somebody that can address that? Mr. Kern, can you or Mr .... someone from the DDA. Well both of you can address it. Mr. Plummer: Mr. Mayor, I appreciate these fine gentlemen but I also would like to hear from Mr. McNamara who I see in the back once they are concluded. Mr. Roy Kenzie: For the record, my name is Roy Kenzie, Executive Director of the Downtown Development Authority. In working out the concept for the park, we have been very careful in consideration of the use of the edge of the park for the continuation of the Orange Bowl Parade And as a consequence of that, the original design, as it first came back from Mr. Noguchi, had a series of bleachers and berms along its entire edge to try and accomodate that, against the Boulevard. In reworking the design, the earth berms that were along the edge were reduced in size. The area in the center was sculpted out, the bleachers that he had proposed were removed, and the entire heart of the park along Biscayne Boulevard was sat back enough to accomodate the seasonal putting up of bleachers along t':_ Boulveard for the Orange Bowl Parade. As the park design stands here today, the sculpting up of the earth is set back far enough frog. the curbline so that the bleachers can continue to be put up in the winter titre for the Orange Bowl Parade and it does not interfere in any way with it. Mayor Ferro: All right, thank you. Dan. Mr. Dan McNamara: Yes, thank you. First of all, I would like to say that DDA ios continuously heen most thoughtful of the Orange Bowl Parade in all the planning that'I've seen them do through the years. They've always come to us and told us'what they were going'to'do, and asked if It - would make a problem 1• ist 1. 1 � 11180 FJ Mr. McNamara (continued): for us. I'd like to once again express the gratitude of the Orange Bowl Committee for that consideration. As far as a position on the park is concerned, we would have none. We would only comment about the effect of the park on the parade. And I'm very pleased to note this morning, that within the ldst three weeks design changes have been made to accomodate seating as has just been stated. So as I see it at this moment, we're going to have some problems with the parade because they're building so many buildings I don't know where we're going to assemble in the next two or three years. But we'll face those when we get to them. As far as I can see today, this does not present a problem for the Orange Bowl Parade in the immediate future. Mayor Ferre: You may have to assemble at the park, at the FEC Park which we, hopefully, will own fairly soon. Mr. McNamara: We're looking. Mayor Ferre: All right, now let me open it up to public comments. I would like to ask that each be kept as short as possible because we really have a tremendous agenda today. Lets start with opponents. Is there anybody who wishes to speak against this project. Anybody here who wishes to express an opinion opposed? How many of you absolutely need to make a statement? Well lets see how many of you here are here in support of this project? Would you raise your hands? Now how mar,y of you need to absolutely speak on this? Feel that you just can't control yourself and you must say something. All right, please step forward. Mrs. Anna Revelle: Thank ;you Mr. Mayor, and members of the Commission. Mr. Carollo, I'd like to address some very brief remarks... Father Gibson: Name, name. Mayor Ferre: We need your name and address for the record. Mrs. Revelle: Ply name is Anna Revelle and I live at 5830 Red Road and that's in Soutar Miami. I'm one of the people that you talked about. I'm one of the people who do not live in the City of Miami but who have very very strong feelings about this park. I work downtown and I'm sure that others like me who work downtown feel very very strongly that there really is very very little for us to do during our lunch hours, or with visitations from our family members. I know that all of you are familiar with a very modest little vest pocket park. It's just opposite the courthouse and 7 invite any one of you to come on any day even with some of our cloudy days to see... Mayor Ferre: We built it, we know about it. It's our park. Mrs. Revelle: You know, Mr. Mayor. That park is filled every day with people coming to enjoy experiences there, and share their lunch there. And as it is now, when we have PACE performances, people sit on the steps of the courthouse, and the steps of the courthouse are filled. I see Rod G_ _ _ over here who makes all this magic possible for us. So I'll_ close my remarks with an appeal to you to think of those of us who may not live in the City of Miami but those of us who use and enjoy, and actively look forward to this park. It's a wonderful, wonderful experience for those of uE who are going to be here and for those of us who will enjoy it in thi future. Mavor Ferre: Thank you very much. Next speaker. Mrs. Taffy Gould: Taffy Gould, 145 Southeast 25th Road in Miami. I just have a question for Mr. Noguchi that I think is concerning many of the people in the community. And that is, will the overall view be one of greenery? Will the ground cover be grass? Will he see mostly crincreta? Will we see lots of,gravel as in some of the parks in Detroit and Atlanta? Or will we see -what We see now essentially which is a lot of green expanse? . J U L 2 41980 ist .09 cl 4 Mayor Ferret That's an excellent quebtion. M:. :voguchi has already addressed himself to that but maybe ycu might do it again. Mr. Noguchi: I have previously zaid that, this model, as you will see, is made of wood and clay. The clay represents planting areas, all ground. There is no concrete, if I can nely it. The walks, I hope, will be covered with something other than concrete so vou need have no fear about concrete. And there will be as much greenery as possible. I believe if you will see this, that it's almost all green excepting for certain areas which have to do with water and the kind of activity that might take place there, the seated area, and so forth. So vou should have no fear that it is any less green than what you have now. What you have now is a'great big library buildinq which really blocks off the view. In this, I mean, the highest point in this Particular design is thirteen feet. It measures about as high as these lights here, you know. So I don't think you should worry too much about it. Mayor Ferret All right, thank you. There have been several people that have called me about that and Mr. Noguchi has assured me that it is his intention that this read as a green area. It is not his intention to put granite or rock that would heat up in the sun, but rather it would be a very oven green, well shaded area, with a lot of trees and that the walkways whould not be concrete and they would not be granite. They would be another material, either brick or some other material that would be acceptable. (INAUDIBLE COMMENT FROM THE AUDIENCE) Mayor Ferre: We have one otter statement of a prominent architect in our community who wants to say something. Mr. Jorge Arango: My name is Jorge Arango, 3920 Wood Avenue. I would like... Mayor Ferre: Would you move the microphone up so evervbody can hear vou. Mr. Arango; I would like to express at this time, my feelings that Mr. Noguchi being a great sculptor and landscape architect, has probably done a most interesting design. I would like to point out that this design has not been Presented to the community enouqh times for the community to see it. The architects, for instance, that live here and know the problems that we have here have not had a chance of finalizing it, studying it, and maybe having an opinion that could be of some help to the City. Mayor Ferre: Thank you. All right, are there any other comments at this time? Mr. Carollo: Mr. Mayor, if I may. Mayor Ferro: Mr. Carollo. Mr. Carollo: Before vou acknowledge Vice -Mayor Lacasa for his motion, I would just like to ask the Commission, the Vice -Mayor, if we could reconsider and defer this so that there would be enough time for different segments of our community to look over the complete Plan that Mr. Noguchi has P resented. Mavor Ferret There might be an alternative and that is, see, all we really would do today if it's the will of this Commission, or the majority of this Commission, is to approve the idea in principal. Then I think the administration would be instructed, along with the DDA to put the whole package together and come back. And at that time, I would think of calling it for a public hearing. So that if...everybody would have ample opportunity to study it and so on. I'm afraid if we don't move some of the funding that we have preliminarily committed from the Federal government might be jeopardized. Go 42,ead, a . ""iiuie, you wanted to say something? ist 10 JUL 241980 W Mr. Grassies Mr. Mayor and members of the City Commission, if the City Commission were to approve this project in principle at this point, the next step would be for it to go to the Planning Advisory Board which would in fact, conduct a public hearing. So you would have that process taken care of. Mayor Ferre: I see. All right, what is the will of this Commission? Mr. Carollo: I'd like to make a motion, Mr. Mayor, to defer this item until we do have a public hearing. Mayor Ferre: Mr. Carollo, since I had told Commissioner Lacasa that I would take up his motion after, if he will defer to you, I have no objections to that. Father Gibson: Defer to him. Mr. Lacasa: Mr. Mayor, I have no objection in deferring to Mr. Carollo for his motion, but I want to express my intention. That this City Commission take on this project today because very rarely a City is afforded this sort of opportunity. And I really don't feel that it would be in the best benefit of the citizens of the City of Miami and our City not to take this opportunity right now. And to work with the artist and the citizens to make this park the real pride of the Citv of Miami. Mayor Ferre: All right. Commissioner Carollo for the purposes of making a motion. Mr. Carollo: Thank you, Mr. Mayor. At this time, I'd like to make a motion for deferral of this item until a later time. Mavor Ferre: All right, there's a motion for deferral. Is there a second? Is there a second? Is there a second? Hearing no second, the motion dies for lack of a second. Now, Mr. Lacasa. Mr. Lacasa: I call the question, Mr. Mayor. Mayor Ferre: You have to... Mr. Lacasa: On my previous motion. 1Y :ration is that this City Commission endorse the plans presented today by Isamu Noguchi and refer to staff and the Planning Advisory Board for further study. And that's it. It encompasses the DDA resolution. Mayor Ferris: All right. In other words, the motion has been made. Is there a second. Father Gibson: I want to second the motion with this comment, Mr. Mayor. As a native I'm going to be very very happy to see that we will have something that's attractive in this community. That perhaps when any and everybody comes we could take a great deal of pride in saying to them, we have a park that everybody can enjoy. And secondly ... a third thing, I hope that we, all of us who are here, understand that this isn't the last word. That we're going to have to develop it and some things we may have to change, so that nobody comes and says, well I thought you, you know, that you understan3 that we're going to have to be pliable just as you said about some input. And the third thing is, I hope that as we develop this park, we take advantage in our advertising and all this other business, to let those people who go out to our seaport understand that we have this park and ought to come in here and see the other side of Miami also, and not just, you know, come out there and go...I want our brothers over there at the seaport, that we have some other things around here that people ought to see. I am happy to second the motion. Mayor Ferre: Further discuspion? Mr. Plummer: Mr. Mayor, the contract with Mr. Noquchi, this is actually the second plateau. The third plateau will be the final design which will ist < <, Mr. Plummer (continued): be presented, I'm sure,to this Commission and the Planning Board. And at such time, I'm sure that we're talking about another two to three mor.ths before final design will be delivered, there would be time I think, tw answer any of Mr. Caro'llo's problems that he might have, or to �ju resolved. So tnis is really the second level or plateau of the contract and I think at this time he has done which was called for and that is the presentation of the preliminary design, and I see no alternative at this time but to accept it. Mayor Ferre: This sets the direction. It approves it in principle and gets it moving. Obviously, there will be ample oppurtunity for public input with public hearings before it's all over. And every memeber of this Commission has the ability, at a future date, to vote in favor or against whatever is being proposed as u final protect. Mr. Plummer. Sure. Mayor Ferre: Further discussion? Call the roll, please. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION 80-547 A MOTION OF THE CITY COMMISSION ENDORSING A PLAN FOR THE REDEVELOPMENT OF BAYFRONT PARK AS PREPARED BY ISAMU NOGUCHI ARID REFERRING SUCH PLAN TO THE PLANNING ADVISORY BOARD FOR FURTHER STUDY AND RECOMMENDATION AND FURTKLR THANKING ISAMU NOGUCHI FOR HIS EFFORTS IN THE PREPARATION OF THIS PROPOSAL Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT. None ON ROLL CALL: *Mr. Carollo: even though, '.1r. Mayor, as you stated, we're voting only in principle, I don't like to vote even in principle for something that I still have reservations about. I've not been convinved of the total scope of the project. If we, here in the City of Miami, keep on spending millionds of dollars, in this case, two and one half million, like if it was two fifty, I mean dollars,,then I just hope that we don't come of age like New York City did going bankrupt. I vote no. *Mayor Ferre: In voting, I want to make two comments. If you wish to reap a crop, you must first plant it. And everything in life goes in cycles. This is a c--le. We would not have Ted Gould building what will be the largest project every built in South Florida, if we had not planted the seed by moving ahead with the Convention/Conference Center. It is the Convention/Conference Center that acts as the multiplier, and then it is Gould's project that has interested Mr. Portman from Atlanta, just to name one, and dozens of other developers; the people from Burdines are seriously looking at a very important part of the town. And in life, things function that way. They follow cycles and you have to put something in to get something out. You have to begin, you have to have faith. The tax payers of this community are severely strapped because there hasn't beer. enough development in th'e downtown commercial area, because too much of the burden is on the littlw home owner rather than on the big building. And the way you can do that, there's two ways to solve the problem. And one is to despair and to become inward and negative. The other one is to -12 JUL 2 41980 ist 19 0 Mayor Ferre (continued): go out in a positive way and develop the community so that there will be a sufficient tax base to carry the burden. Let me put it in very specific terms. If the two and one half million dollars that we are to spend will induce people like Pqrtman to come in and spend twenty and thirty million dollars in a project, and we tax it at eight, or nine, or ten mills, or whatever the millage will be at that time, you're talkinq then of getting two million dollars in taxes, possibly in one year, or in several years. So the only way you can get people to invest is when they feel that there is a reason to invest. When they are induced, when there is an incentive. And therefore, before you reap, you must plant the seeds. You must sow and you must prepare. And the second thing, is that there are no free lunches. Father Gibson: Amen. Mayor Ferre: And that means that we're not qoing to get people to come in here and do things unless we in government do something. The future of this community is in the understanding by the citizens that there is a new world here. And the new world is public, private joint ventures. Public, private participation. We, in the public sector, do our bit and we do ours first and the private sector comes and does their part. If it weren't for this public, private approach, we wouldn't have the Convention/Conference Center. That's how we did it. That's how we took five million dollars and built a one hundred and eighty-five million dollar project with it. This two and one half million dollars, ladies and gentlemen, will, that we sown today, the seed, will reap for us millions of dollars of taxes in the development of the downtown area which will inturn broaden our tax base which is desperately needed. One of the reasons why people have been building office buildings in Coral Gables and in the Kendall area, and in Miami Beach, dnd in other parts, and therefore, going to urban sprawl, is because there was not sufficient incentive for people to do the very same thing in the downtown Miami area. And what we are doing here is one more step forward in creating the atmosphere, the mental attitude that this is a good place to invest. That we believe enough in our downtown to spend two and one half million dollars and therefore we're asking the Burdine's and the Portman's and the Gould's and the Harry Hood Bassett's and Southeast and the manv other investors to come in here, and the Ted Hollo's and others to come in and put their money and have faith in the future of this community. And for that, and the other reasons expressed, I vote yes. All right, thank you very much ladies and gentlemen. (APPLAUSE) Mr. Manager, one of the things, as people are leaving, that perhaps we can do, is I would like to have this be a joint venture between the Countv and the City. And perhaps some of their good money might be used in this too. Therefore, whenever you feel that we're prepared to go talk to the County, I would appreciate if we would make an appointment before the County on that item. 2. PRESENTATION BY BRICKELL KEY INC. REGARDING CONCEPT PLAN AND PHASE II AND III OF BRICKELL KEY Mayor Ferre: All right, we're now on a presentation by Mr. Bernard Breymann. Mr. Grassie: We're going to have to take just a minute, Mr. Mayor, to enable us to set up for the next presentation. AT THIS TIME,% THE CITY COMMISSION TOOK A BRIEF RECESS AND RECONVENED WITH ALL MEM1jBERS OF THE COMMISSION FOUND TO BE PRESENT ist 13 J U L 2 4190V Mayor Ferro: We're now on item "B" which is a presentation by Bernard Breymann, Brickell Key Inc., regarding the overall concept plan and Phase II and III of Brickell Key. All right, Mr. Reid, the Chair r000gnizes you. Mr. Jim Reid: .Tim Reid, Director of Planning, City of Miami. Mr. Mayor and members of the CorLaission, we're approaching another major milestone in terms of the Brickell Key development. And it was our intention this morning to briefly review the status of the overall development program. Mr. Breymann will cover that, tell you where the Phase I building is which you see emerging from the island, and to report on the next phase, and that's the milestone that we are now ready to receive from the developers the Phase II and Phase III plans. And in connection with the .overall development plan, and I'm going to talk to that after the subject has been introduced, there is one techinical amendment that we hope to bring to you and to the Planning Advisory Board in September, and one substantive and very innovative change in the existing ordinance that has been proposed by the developer and which we would like to take to the Planning Advisory Board with a favorable recommendation. So our intention is to briefly review the status of the development and then I will discuss the proposed ordinance change. Mr. Breymann is here from Brickell Key. Mayor Ferre: All right, go ahead, sir. vir. Bernard Breymann: (SPEAKER NOT SPEAKING DIRECTLY INTO MICROPHONE, THEREFORE, CODi' 14TS INP.UDIBLE) . Mayor Ferre: Further questions? Statements? Mr. Reid: I would just.like to say.Mr. Mayor, we wanted to make the Commission aware that they were ready to move into Phase II and III and that we will be back in September with one technical amendment that relates to the computation of open space and a substantive amendment that changes the parking requirements for the island development. Allow them... Mayor Ferre: With the concurrence of the staff? Mr. Reid: With the concurrence of the staff and the concurrence of the other portion of the island. Mayor Ferre: I see, all right. Further questions, statements? Thank you very Ouch Mr. Breymann. 3. DISCUSSION 1TEr1: HIRING OF ADDITIONAL POLICE PERSONNEL Mayor Ferre: We're now .%a item number "C" which is a report from Chief Harms a Mr. Ro:)ert Krause regarding the hirinq of additional police personr._i. Chief Harms. Mr. Grassie: Mr. Mayor, he's on the way. Mr. Mayor and members of the City Commission, as a follow-up report, this is a continuing effort to keep you abreast of the money consequences and the time schedule for the implementation of additional police manpower as the City Commission has already indi.gated they wish to do. So, Mr. Harms is goinq to be with us in just a itinute. Mayor Ferre: Mr. Krause, why don't you begin and then we'll... ist 14 2 41980 �u� 9 9 Mr. Robert Krause: Mr. Mayor and members of the Commission, I belive you have a joint memorandum that was prepared by Chief Harms and myself which covers the cost of recruiting and the procedures for cost of recruiting and appointing the additional manpower required by the Police Department. We have estimated ninetv-five thousand dollars for the Department of Human Resources, we have estimated three hundred and sixty- nine thousand dollars for the Police Department. Those amounts have been included in budgets submitted to the City Manager. Both of us feel confident that the objectives of the City Commission can be carried out if these appropriations are made. Mayor Ferre: All right, are there questions from members of the Commission? Mr. Plummer: Mr. Krause, as you know, I'm pushing and I'm going to continue to push. I'm going to ask that you and the Chief be on every agenda for the foreseeable future so that we can be updated. Mr. Krause. at the present time, as the Chief indicated, we were hopeful and are still hopeful that we will have the first class of recruits starting approximately October 1. I'm correct in that statement? Mr. Krause: Yes, sir. Mr. Plummer: All right, sir. My question now, how many have you recruited to this date? Mr. Krause: As of mid -afternoon yesterday... Mr. Plummer: That's close enough. Mr. Krause: ...four hundred and twenty. Our recruitment continues until Monday of next week, so we're expecting we will have about four hundred and fifty eligible to take the exam which will be given next week, on two days. And out of that four hundred and fifty, we should probably have three hundred or more qualified candidates for the Police Department to work with. Mr. Plummer: So you are on schedule as far as October 1 and the first class is concerned? Mr. Krause: Yes, sir. We are somewhat dependent upon the University of Chicago's scoring the examinations. But I've talked to them several times in person and on the telephone, and they assure us that they can give us two weeks service on scoring the papers. Mr. Plummer: Thank vou. Mayor Ferre: All right, Chief do you want to add anything to that? Chief Harms: No, sir. Mayor Ferre: Are there any questions? Mr. Plummer: Yes, sir. Chief, I note that based upon the memorandum that you and Mr. Krause both have supplied to this Commission, interesting note is that we're talking approximately seventeen hundred dollars per recruit, just to get a recruit. It was my hope at this meeting, Mr. Krause briefly touched on it, but I wanted some figures set in concrete, as much as possible, at this meeting as to a dollar and cents figure being placed upon that which this Commission is requesting. We have heard the numbers which state that roughly two hundred and sixty men will have to be hired in the coming year to leave you at the end of the year with the budgeted strength of eight -fourteen. Now I'm still waiting to hear what that's going to cost. I want some dollars and cents figures. Chief Harms: Commissioner, I was under the impression that it was contained in the memo thrt was sent to you. Mr. Plummer: Well, is it? That's what I want to know because if it is not, I think we're talking about what you're, in this memo is addressing 15 J U L 10 4 1980 6 Mr. Plummer (continued): itself to the cost of recruitment. Does this memo speak to what Mr. Grassie has ballparked of three point two million dollars? I dicUlt see that it the memo. Mr. Grassie: No, Commissioner, it aoes not. What the memorandum does is attempts to quantify for you what we understood you were asking for, which is the additional cost of doing recruiting on an accelerated basis. In addition to this recruiting cost, we of course well have the ongoing cost of the officers and civilians themselves. And that cost is going to be presented to you in the budget estimates that you will be discussing today. It is closer to three point four million dollars of new costs for those positions. Mr. Plummer: Three point four. Mr. Grassie: That is correct. Mr. Plummer: The next question. Chief, you have requested, and have been granted by this Commission fifty additional civilian personnel. I would like to know where you are at this time with that segment of the request. Chief Harms: I don't have those figures, Commissioner. Perhaps Mr. Krause does. Bob, are ycu familiar with those numbers based on the authorization for fifty additional civilian employees. Mr. Krause: As far as the recruitment and selection is concerned, we would include that within the ninety-five thousand dollars and it would be a function of the Department of Human Resources. Background checks that the Police Department does, things of that type, the people that they hire ever, in civilian positions would be an additional cost. And I'm presuming it would be absorbed within the normal costs of the Police Department budget to conduct background investigations and process candidates. Mr. Plummer: Mr. Krause, are we fooling ourselves? Are we looking at October 1 when the budget is effective, that those civilians will be on line or in jobs? In other words, we know that there is no problem or there's not the same problems in hiring civilians as it is in hiring police. Chief Harms: We're attempting to place everyone we can at this particular time. but I don't have the figures in terms of how many of those slots have been filled. Mr. Grassie: Commissioner, with regard to the civilians, we have a very different time frame. as you know, in terms of hiring, since they do not have to go throuvh the academy or anything of that type. We would anticipate beginning the hiring of the civilians when you appropriate the money for them. Of course, we can't do that, put them on the payroll until we have the money for them. We would anticipate that it would not take very much time to get those people on board. But we would not have them on board October 1st. Is it reasonable to say, Bob, that we would have them on board within the first four months of the year? Mr. Krause: I would think that that would Le true. I suppose it depends on which kinds of jobs they are. For example, if there is an increase in the number of Public Service Aide's, those can be filled very quickly because we have an exi•._ing eligible register with over one hundred names on it. If they are clerical jobs, some clerical jobs are very difficult to fill because they are in short supply in the Miami -Metropolitan area. But I would think that almost all of the additional civilian jobs could be filled within the first four months, without even knowing what they are. Mr. Plummer: Mr. Krause, Auld you also speak to the notation of the Mayor about spreading the recruitment area from just the City and encompassing the State of Florida. You wrote a letter, I believe, to the Justice Department. Mr. Krause: Yes. And next week, on Tuesday, we have an appointment at the Justice Department with Mr. Knox, Mr. Howard Gary, and myself to most •is JUL 2 41980 ist 9 E. Mr. Krause (continued): with Squire Padgett and his immediate supervisor, who is David Rose. I have asked him also if he would try to have Mr. Drew Days, the Assistant Attorney General available. He said he would make that effort but he couldn't guarantee his full participation in the meeting. Mr. Plummer: Chief Harms, you indicated at the last meeting that you were going to endeavor to reduce the schooling time from twentv-two weeks to eighteen weeks and you were goinc to request that of the... Chief Harms: Sourhenst Florida Criminal Justice Institute. Mr. Plummer: Yes, sir. Would you bring us up to date on that. Chief Harms Yes. We're in the process of that. And at a recent meeting of the Dade Chief's Association, we were successful in getting them to support a resolution from that organization reducing the time. we think that we will be successful with the Criminal Justice Council in reducing the overall time. A special meeting will have to be called, and a date has not been estatlished for that at this point. Mr. Plummer: But you're still pursuing it? Chief Harms: That's correct. Certainly no later than September the 9th, and we're trying to push it up before that. Mr. Plummer: Mr. Mayor, the only thing I would ask, that in the future, for the next two or three months, of course we don't meet during the month of August, is that this item be scheduled for an updating at each meeting that we have so that the Commission can be aware of what's happening. I don't think it's necessary, really, to have both of these people here unless there are questions generated in advance. Mayor Ferre: Chief, and Mr. Krause, since the same questions reoccur in the last three meetings, I would recommend that in your written report that you cover them and therefore, avoid the need for them being asked repeatedly. I would assume that Commissioner Plummer will continue asking those same questions, and well he should. I think he ... we should get that kind of an update in writing. Okay. Any questions? Mr. Carollo: Yes, Mayor I have a different question, if I may ask it. Before I do, I'd like to make a brief statement. Since the police officers that we will be hiring aren't going to be the type of employees who make fifty thousand dollars, sixty thousand dollar a year salary, therefore they cannot afford the quarter of a million dollar condominiums which seems to be the manly type of new housing that we have in the City of Miami. Seems our City is fast becoming a City of either very poor or very rich and the middle bracket citizen is being squeezed out, a housing shortage. We don't have that much middle income housing. I would like to get the Chief's opinion, comments, number one, and then have the administration. Mr. Grassie, have the administration. Let me stop, Mr. Grassie. I'll stop until you're done, sir. This is referring to you. Have the administration look into the possibility of what effects it would have if instead of just having police officers live only in the City, hiring police officers that will live only in the City, opening up the register so that police officers can live in the City and outside of the City. I'm a firm believer that if the City is good enough for you to get your pay check in, bring home your bread and butter, it should be good enough for you to live in. The problem that I have here, and I think we have to be realistic is, a police officer starting to make fifteen thousand dollars a year, how can he afford to live in a quarter of a million dollar condominium. If we have any police officer that can afford that, I don't think it's the kind of police officer we want in the City of Miami. But on the other hand, we just do not have enough adequate housing for the middle income, average American citizen to be able to live in the City of Miami. We're at a levelcthat the occupancy rate is zero. So, due to that, I think we have to be realistic. And if we're going to be hiring so many additional new people at the fast rate that we need, we should look at that aspect of it and see what the possibilities are of opening 1'7 ist JUL 2 41980 Mr. Carollo (cont.nued): the whole county for police officers to live in. I know we might have a problem with the Justice Department and maybe this can be an area that could also Lu addressed and looked upon here. But _ Chief, I'd like to get your opinion and comments on this. Mayor Ferre: C'.::,f, right now, we don't have any requirements for living in the City of Miami. Mr. Grassie: Why don't we let Mr. Krause clarify exactly what we're doing now. I think it will answer the question that you're posing. Mr. Krause: Within the last six months or so, I have met with both Chief Harms and Chief Brice in order to separate the issue of where we recruit from the issue of where employees need to live. And we don't interpret the Consent Decree as requiring that employees live within the City, although we do, it is clear that we are required to recruit from within the City. Both deparments were interested in giving flexibility to their employees and also in having a reasonable response time in case of emergency. The conclusion that we came to and submitted to the City Manager, who approved it, was that employees in the Police Department and Fire Department will be able to live in Dade County, or in Broward County, or in Monore County anywhere North of Islamorada. Currently that is the approved residence area for members of the Fire and Police Departments. Mayor Ferre: I, for one, subscribe to the idea that under the present circumstances and because of the tremendous shortage of housing in this community, that we really cannot impose any kind of restrictions as to where people should livE. I would prefer, obviously, that they live in the City of Miami. And I think in future we might want to consider that but only when there is adequate type of housing available. And I think because of these very special circumstances and because of the need to dramatically increase our police force, we're going to have to continue with the policy of not requiring anybody who is employed, to live within the City boundaries. I subscribe to that. Okay, further statements or questions, remarks? All right, thank you very much, Mr. Krause, Chief. 4. DISUCSSION OF PROPOSED LEASE AGREEM4.T - BAYSHORE PROPERTIES, INC. Mayor Ferre: At this time, we're now on the Bayshore Properties, Inc. which is item "D". And that also is item twenty-three on the afternoon agenda. Mr. Grassie: Mr. Fosmoen, will introduce this subject, Mr. Mayor. Mayor Ferre: All right, sir. What we'll do ladies and gentlemen, because there are some of you here that have an interest in seeing this, we will somewhere in the presentation, reverse the drawing because I know many of you are here on the �.ubject. So will first let the Commission see it and then we'll let the Vublic look at it. Mr. Fonvoen: Mr. Mayor, the documents...and members of the Commission, the document that's before you in the way of a proposed lease agreement with Monty Trainer, consumates approximately four and one half years worth of work on the part of the administration and Mr. Trainer. And I think it's important to give the Cotmission some background and perhaps remind you how we arrived at a decision, how this Commission arrived at a decision to enter into negotiations with Mr. Trainer. In 1976, this City put out a not of bid specifications► for the so called Underwood property which -is the old boat shed located at this site. There were several respondents to that bid proposal, one of which was Mr. Trainer, who had a long term loans on this property which was then owned by a gentleman named Miley. i8 JUL 2 41980 ist 1 0 Mr. Fosmoen (continued): Mr. Trainer proposed, and the City had expressed for some time, an interest in acquiring the Miley property which would give the City of Miami public ownership of the entire bayfront from Peacock Park through Kennedy Park, with the exception of the two private yacht clubs that exist. The City had expressed an interest in acquiring this property. However, it would have been extremely difficult given the term of Mr. Trainer's lease and the fact that Mr. Miley was not particularly interested in selling this property. Mr. Trainer proposed that if he was the successful bidder for the lease of the Underwood propety, he would assist the City through a friendly condemnation with Mr. Miley in acquiring his property, and the City would in turn give him back a thirty year lease. But eventually, over time, the City would have ownership and use of all of the property from Peacock Park through Kennedy Park. Based on that, and Mr. Trainer's proposal to develop the Underwood property as a speciality center, if you will, a Ghiaraeli Square kind of activities center on the bay, the Commission directed us to begin negotiating with Mr. Trainer. We worked our way through a number of leases for the Underwood property and also a lease and condemnation of the Miley property. The least and condemnation and lease back to Mr. Trainer of the Miley property was consumated in mid-1976, I'm sorry, 77, and at that point, the previous owner of the Underwood prcperty took the City to court on the basis that we could not lease the Underwood property which we had acquired through condemnation. And we were tied up in court for approximatley two and one half years, and in fact, taken all the way to the supreme Court. The result was that the Supreme Court ruled the City does have the right to lease the Underwood property for the contemplated use that Mr. Trainer originally proposed in 1976. So the lease that is before you has resulted in approximately four and one half years worth of work. And of course, we've had a lease with Mr. Trainer on the Miley property for about three years. Mr. Trainer is currently completing the improvements to this public parking area which will then permit him to obtain a liquor license on this property. We have provided in the memorandum signed by the Finance Diroctor, on July llth, a summary of the provisions as contained in the proposed lease. Let me run through a couple of those that I think are of major importance. The first is, we are recommending a term of twenty-seven years rather than thirty years. The reason for that is it would make for concurrent leases on the two properties. The lease on the restaurant and the lease on the Underwood property would terminate at the same time. Secondly, the lease provides for investment on the part of Mr. Trainer, at least two million dollars in development of the Underwood property and at least four hundred thousand dollars in this area, which is out in front of City Hall. Mayor Ferre: How much? Mr. Fosmoen: Four hundred thousand dollars which amounts to about thirteen hundred and fifty dollars per parking space proposed. Mayor Ferre: By whom? Mr. Fosmoen: By Mr. Trainer. The difficulty is that Mr. Trainer is proposing, and in his original proposal to the City he proposed approximately sixty thousand square feet of commercial space to be developed in the Underwood property, conversion of this to a Ghiardelli Square kind of activity. There is simply not adequate space on this property for parking, in accordance with the mooning ordinance, to accomodate sixty thousand square feet of commercial space. Mr. Trainer has proposed that he will improve thie area which is in front of Merrill Stevens, in front of Grove Kev and the present B»ilding And Zoning Building, occupies this site and that will be coming down within the year. He's proposed a four hundred thousand dollar improvement for a public parking lot which will be counted against his required parking for the redevelopment and improvement of the Underwood property. The Commission may remember, and by the way, this is a preliminary. Obviously this is not a final design plan. «1ccusc: mc,. Air. Fosmoen. I'm sorry to interrupt you. How many parking spaces are we talkir)g about? Mr. Fosooen: Three hundred and sixteen. And it would be available for 19 JAL 2 41980 fat - — - -- Mr. Fosmoen (continued): the public but counted towards Mr. Trainers requirements for the parking required at the Underwood property. A similar arrangement fur this property and the restaurant. It would be available for use for activizies that go on at the Exhib4tion Hail. It would also he available for parking for visitors to the Art Festival and other kinds of activities that occur throughout the year. one of our concerns in negotiating that particular arrangement was the distance from this lot down to the Underwood property. And we have insisted in the lease that Mr. Trainer provide continuous tram service from this lot to the Underwood property during the hours of operation. Mayor Ferro: During all the hours of operation? Into the night and so on? Mr. Fosmoen: Dur:.ng the hours of operation. That's correct. And that particular provision is in the lease. The return to the City is eight percent of gross on the entire operation up to one million dollars and ten percent of gross in excess of one million dollars. And our recommendation to the Commission is that you approve the lease in principle subject to receipt of appraisals from the, from two MAI's and also subject to receipt from Mr. Trainer of an indication that he is able to provide financing on the project. Mavor Ferre: Dick, as I recall, and this goes back now five years so I really have to reach in the memory to do that one, we bought that property from Mr. Miley for nine hundred thousand dollars? Mr. Fosmoen: Yes. And shank you, Mr. Mayor for reminding me of... Mayor Ferre: And it was a ten year pay out, as I remember of equal installments yearly of ninety thousand per year. Is that correct? Mr. Fosmoen: I'm not familiar with the terms of the condemnation. Perhaps someone who was here at that time could remind me. But the one point that I want to make... Mayor Ferre: No, we paid cash. That's right. We paid cash for the whole thing. But what we were figuring on was a recuperation of that investment from Monty Trainers fee and maybe that's where I got the ninety thousand dollars a year. Mr. Fosmoen: You're absolutely correct. There's a minimum payment required of eighty-six thousand dollars per year which means that over the term of the lease, Mr. Trainer will in fact, be reimbursing the City at a minimum, he will be reimbursing the City for its cost of acquisition of the property. Mayor Ferre: As I recall, Lr.are were three or four people who bid on that. And the main difference between Grove Key Marina and Merrill Stevens and the other people that bid on this, was that Monty Trainer had acquired from Mr. Miley the ability to deliver that property for nine hundred thousand dollars. Mr. Fosmoen: The Miley property. That's true. Mayor Ferre: The Miley property. And therefore, that would give the City of Miami all c: the waterfront property from Peacock Park to Kennedy Park with the exception of the two yacht clubs. And... Mr. Fosmoen: And the other major... Mayor Ferre: ...And that was the real major consideration as to why we did what we did. The second idea was that others made a presentation, as I recall, specifically Grove Key Marina and Merrill Stevens, that they wanted to use that strictly for marine type activities. whereas Trainer wonted to use the building to create a San Francisco type of a center that would attract people so that it wouldn't be just yachtsman or boat people but that the public would also have ways of participating and sharing in the waterfront activities. Is that correct? on ist J U L 2 41980 Mr. Fosmoen: That's correct. Mayor Ferre: Now how long ago was tnat? Was that about four or five years ago? Mr. Fosmoen: T:.e Commission directed the staff to begin negotiations with Mr. Trainer in the summer of 1976. Mayor Ferre: That came to a vote before the Commission. And as I recall, the vote was unanimous, wasn't it? Mr. Plummer: No. Three -two. Mayor Ferre: No, Rose Gordon voted for it, J. L. Mr. Plummer: Father and I voted against it. Mayor Ferre: Oh, okay. It was Reboso, Rose Gordon, and I voting for it, and you and Father had voted against it. Mr.Plummer: One of the few times you and Rose voted together. Mayor Ferre: No, you're wrong. In those days before she decided to run for public office, we voted together a little bit more than you and I voted together, as a matter of fact. But that... Mr. Carollo: I hope the Mayor isn't sending you a message, J. L. Mayor Ferre: It was a three to two voted, was it? In 1976. Paul Andrews was the Manager then, right? Yeah, turn it around so the members of the public ... I was just trying to reconstruct in my mind what the history of all this was. Okay, Mr. Block, you represent the, Mr. Trainer. Go right ahead. Mr. David Block: Yes, sir I do. I just want to make a short presentation. Since Monty first originated the idea it's been almost eight years. Its been before the Commission since 1976, perhaps earlier. Mayor Ferre: Excuse me. For Bill Gjebere's benefit, that's as long as Dixie Park. So Dixie Park is not the only thing that has not been completed... this has been an eight year project. Mr. Block: Sir, its been six long years or more. There's not one marine oriented, waterfront development in all of South Florida. In all of the East coast of Florida for that matter. The purpose of this Ghiardelli Square style theme activity center will be to bring local Grove residents, the general public to the waterfront. To provide a rustic shopping arcade on the water for the whole Southeast coast of this State. to provide an informal reasonably priced merchandise facility in a beautiful Key West style setting reflecting all the local charm of the Grove. Including the sailboats, the trees, the red brick similar to that in downtown Grove,.the antique lamps, cedar shake pavilions on stilts with catwalks all around open to the breezes of Biscayne Bay, and boardwalks with Coconut Palms and shade trees so that the visitors from up North, the visitors from South America, the visitors from Europe can come to Florida and go to some place besides Disney World. They can come to South Florida again. It will be a gathering spot for shopping, and dining and entertaining. All of this is going to be consisten with the Dinner Key Master Plan. The feeling of ambiance that the Grove expresses will be represented to the country and to the world by the Boat Shed Project. In the last few months, Miami has suffered some pretty bad press throughout the country, and for that matter, all over the world. We need to work together to produce positive things. To enhance the quality of life in Miami and to take advantage of the magnificent of Biscayne Bay which we really haven't done yet, and to do so to the full advantage of the general public. We want to work with the City in a cooperative sjoi,:-:. .. "uce this beautiful plaza on the bay that will bring revenue to the City, jobs to the people of Miami, and increase the charm of this very special area. we pledge to you, ist 21 JUL 2 41980 • Mr. Block (continued): to the Commission today to create this sort of enviornment on the bay. This very special enviornment that all of Miami can be proud of and participate;ira. And we're ready to begin now. Mayor Ferro: I'm sure, even though this is not a public hearing, there are many people that are here on this subject. And we have a very, very difficult and long agenda and I would be very greatful if those who are opponents would kind of gather those who are their main spokesman. And rather than have twenty people repeating the same thing over again, if you could select two or three that might represent your viewpoint and I would be happy, therefore, to let you express your viewpoints that way. Mr. Fosmoen. Mr. Fosmoen: One other point. This has been before the Waterfront Board and it does have their recommendation. Mayor Ferre: I saw Mr. Sorg around. Is he still here? Mr. Sorg, why don't you come up, and for the record, tell us how your board deliberated and what ... your name and address for the record, and your position. Mr. Stewart Sorg: Stewart Sorg, Chairman of the City of Miami Waterfront Board. Mayor Ferre, members of the City Commission, the Waterfront Board is fully endorsing the project of Mr. Trainer. I think it's going to be a decided economic benefit to the area. I'd like to mention just for a moment, that I have a letter from David Wollard, President of Southeast Bank, written to Mr. Goode.. Mayor Ferre: President of who? Mr. Sorg: President of Southeast Banking Corporation. To Mr. Goode of the Downtown Chamber of Commerce, talking about the unpleasant public relations picture of the City of Miami. We need projects like this to restore the faith of Miami in this country, and bring people back. The Waterfront Board is behind it, sir. Mayor Ferre: All right, sir. All right now, the opponents. Raise your hands those that are here in opposition. Okay. How many of you would like to speak and can we get, we'll have three spokesmen. Do you want to speak? All right, that's two. Is there another person who wishes to speak? Mr. Plummer: Mr. Mayor, may I interject? Maybe, possibly, it's my understanding, what we're being asked to do here today is to accept in principle. If I'm not mistaken from the letters and calls my office has received, most of these people are addressing themselves to the marina or dockage and their opposition to that, which is one segment of the entire plan. I think at this point, Mr. Mayor, it would be premature to hear from these people about the one segment. Because what we're really doing is preliminary. Mayor Ferre: But J. L., I think nevertheless, these are people that are very concerned and as Commissioner Carollo said, when you vote in principle, I mean, it gets going and the motor is on and the thing is moving. You know... Mr. Plummer: I have no problem... Mayor Ferre: ...This :6, not a public hearing. Technically I can say, look you can't speak because this not a public hearing but I think since there are some very strong feelings about this that it would be appropriate to let you express them into the record, fully recognizing that you will have an ample opportunity in the future before we finalize this, to do so. That's what Plummer is trying... Mr. Plummer: That's exactly what I was saying. You know, this is preliminary and Mr. Mayor, I hope these people, I know they're aware, that when it comes back for final they're going to be here and make their thoughts then. L just didn't want to duplicate, that's all. ist 22 JUL 2 419M Mr. Grassie: Well only, I think Mr. Mayor, that we need so members of the City Commission are not deluded about what is being asked of them, we need to point out that item twenty-three on your agenda is an indication of your intention, if you should approve it. And that intent is conditioned on only two things. One, is that the appraisals justify the amounts of compensation to the City, and the other is that the developer can, in fact, finance it. So that if those two conditions would be met then we would go forward on this plan. Mayor Ferre: But before we finalize the design and how it would be done, we would, I would imagine, bring it back to the Commission, wouldn't you? Mr. Grassie: The design is complete. We can, if you wish, as a special circumstance bring it back. But ordinarily we would not. Mayor Ferre: I see. Well, see how many ... J. L., you have a better than I do. How many public hearings have we had on this thing? Mr. Plummer: As I recall, three. Mayor Ferre: I think nevertheless, it's proper to let these people express their opinion. Mr. Plummer: Well excuse me, Mr. Mayor, I think more than three if you take into consideration the Coconut Grove Master Plan in which we had four or five hearings and this area was incorporated. Then we had about three hearings on just this property, the Underwood property in particular. Mayor Ferre: But we do have a new Commission. You have two new members and I think it's appropriate for this Commission to express itself. Go ahead. Mr. Block: Yes, sir, Mr. Mayor. This plan is the plan that we would like to go forward with subject to only final working drawings. Mayor Ferre: Okay. So in other words, J. L., if we approve resolution twenty-three, this thing is pretty well set in concrete I guess is what... Mr. Plummer: Mr. Mayor, that's not my understanding. But if that's what the intent of the motion is then of course, it will draw a negative vote from me. But you know, I don't want to lock myself in. I am not going to lock myself in in any way. And there is another item today that is somewhat locked in and that's why I'm going to be very cautious. Mr. Gene Steele: Good morning, my name is Gene Steele. I am a tenant of the Dinner Key Annex Docks. A resident of Dade County for thirty-five years. And I've come here this morning to tell you something about the people that are at those docks. We have attorneys, we have airlines pilots, we have members of carpenter unions, we have engineers, and we have plain folks that are Dade County and Miami residents. I urge you to consider this lease in light of what will happen to those people. This lease does not provide for those people that have waited up to five years to obtain dock space from the City. Some of whom have been there for five years. The lease is silent about where these people will go, if they have any rights to stay where they are, or if they have any rights to go to another City marina. They will be displaced. Now some of the people that lived there have lived at Monty Trainers docks in the past. And the rent in comparison between Mr. Trainer's docks now and what we're paying would be four or five hundred percent. And so what we're asking, and I'm being particularly brief, is in addressing this lease, either you didn't know about us or you don't care. We do not criticize the project in terms of the shopping area. We look forward to seeing that eyesore corrected. We look forward to seeing commerce and more people coming to the area. What we are asking is that you consider the people that have been there and waited so long, what will happen to them. And we have some suggestions if you wish to consider them. We suggest that if the rent is going to be raised, and if we'd be allowed to stay, that it be justified. Now in my particular case, I•wo614 be paying over two thousand dollars, after tax dollars, for an awning about six feet square that I would be using. I don't think that can be justified. For those that do not wish to stay .23 JUL 2 41980 41 9 Mr. Steele (continued): at Monty Trainer's marina, I suggest that they be allowed to have priority in moving to the main marina, az3 that is the list they were on initially but they decided to go to the aru.,ex instead. In other words, you have made no provision for these people and approving the principle of this lease you have not considered them at at all. Therefore, now that you know about is,I ask that you demonstrate that you care. Mayor Ferre: Mr. Steele, do you live aboard? Mr. Steele: I have a residence in Miami Beach. I spend most of my time aboard and many of the people have homes in Coconut Grove but we prefer to spend time on our boats. These are not people that come down and use their boats once every two weeks. These are people that love the water, have lived in the City and know boating. Mayor Ferre: Let me tell you my opinion generally, which I have expres5eC, over the last twelve years since I have been on this Commission. Ten years between Mayor and a member of the Commission. In'the first place, and I'm not accusing anybody here because I don't believe that that's true of too many people, there are those who live aboard and who, if they were to live in Coconut Grove, or Miami Beach or Coral Gables, and have a comparable apartment would probably be paying close to one thousana dollars in taxes to the school system, to the County and to the City. And they are not doing that. Mr. Steele: You're familiar with the recent legislation? Zy.ayor Ferre: I remember at one time, there was one very distinguished gentleman who had d very large yacht right here, I think it was about an eighty foot yacht, and this man had three children, he wasn't even an American citizen, he was a Canadian. He had three children going to our public schools. And I said, look obviously if you can afford to have an eighty foot yacht, certainly don't you think it's unfair for you to have three children going to school and you're not carrying your fair burden of the cost. And I know that that's been corrected but this has been something that's always been a major concern. The second thing that I want to say is this, I believe that the City should provide boating facilities in the same way thd,; it provides golf courses and tennis courts, and baseball fields. And I believe that we should go out of our way to not charge what the average fee out in the industry is. However, I don't believe that the City should be subsidizing boating to the extent that we're charging twenty or thirty percent of what the going price is. I have no problem to making, and voting for it any time, an average of all marinas for Pala Beach S�ath, or Broward County South, or Dade County, I don't care, and that we would average that and we would charge ten percent less. I have no problems with that. If we did something like that, believe me, the rates would still go up substantially. You have to understand that we are not in business as a governmental entity to subsidize a very few number of citizens in proportion to the total population, to be able to have yachts and boats and so on. We're not in business for that. In other words, I don't mind providing the service but those who are beneficiary of it have to pay their fair share. Mr. Steele: Mr. Mayor, you're aware that this lease provides no limit as to the cost. And sixty slips are sixty slips. Now whether you have us in their or you have somebody else in there, the question is you're going to have just people that are well above the average Miami citizens ability to pay in there. Mayor Ferre: Lastly, the last position that I've always taken on this is that we should always favor residents of the City of Miami. That's not to say that we should not -'let people from Coral Gables or Broward County keep a boat .here. I think that that's, we have to have an open policy on that. But I certainly think that we should always give the edge to those people that are residents and taxpayers of the City of Miami. And I think that's important and in con3unction with that, I think where the City's real responsibility in boating is is for small boats because .24 JUL 2 41980 Mayor Ferre (continued): the :majority of people in Miami can simply not afford to have a thirty or a forty foot boat, or a twenty-five foot boat. The majority of the people in this community have small boats and that's why I've always taken a very strong position with the Miami Yacht Club, the Outboard Yacht Club, and the Coconut Grove Yact Club. Because just like in baseball, and in tennis, and in softball and the., other sports, I think that we have to favor those things where the majority of the people can afford to participate. And it is really not our role to provide slips for major boats, for large boats. That really is the role of the private sector. But we're in it and I understand and I have no objections because there are very few people who play golf, but we have golf courses. I think that we should provide these facilities but it's got to be at a fair rate. We can not continue as we have for so many years to subsidize, like we did in Dinner Key here for ten years. A,id even today, you can get a slip, if you can get a slip, which you can't, but those who do have slips are paying substantially less than people in the private sector. And we live in America. Here's where the free enterprise system fucnctions. And it's not the function of government to subsidize things like this. Mr. Steele: yes, Mr. Mayor. However, we're not talking about government here. We're talking about what's going to happen to people after private enterprise takes over government land in effect. Mayor Ferre: See, it is not, okay, now I'll give you my fourth comment on this. It is not the role of government, in my opinion, to render this particular type of service. Our role is to render police service, fire service, the basic municipal services. This is a luxury, and in my opinion, in my opinion, I think that we're much better served by letting the private sector get involved. We will own the property, and we'll let somebody else manage it. Because I think in the long run, as has been proven thousands of time in California and in Oregon and wherever else we have major marinas. Marina Del Rey has one hundred and sixty private marina operators right there at Marina Del Rey. The City owns it, the government owns the property but the private sector runs it. And I think that that is probably the best example of how marinas should be run. We're not in business to run marinas. And when we do it it's a typical government operation. You know. Mr. Steele: Then Mayor, where will these people go? Mayor Ferre: Well I would hope that they would stay there and perhaps Mr. Block can answer that. Mr. Block: Gene, Mr. Mayor, as long as people abide by the laws of the State and the County, and the safety regulations of the dock to keep it clean and be able to have their vessels underway in case of an emergency like a hurricane, we are not going to have a whole -sale eviction. Every body is welcome to stay. We're going to have to increase the rates from the present appxoximately five cents a foot to something commensurate with the services that we intend to provide. As we improve the docks, we will raise the rates only commenserate to those services. The experience of Monty's Marina behind the restaurant is a good example of what we hope to provide next door. The rates are less than the rates charged at Merrill Stevens for comparable services. But all the people that I know of on those docks are very happy with the situation there. Mayor Ferre: Mr. Block, let me ask you two questions. Would you, or would your client accept an amendment that would say that those that are there would have the right of first refusal so that they would have certain protection. In other words, that you couldn't just kick them out, you'd have to give them sixty days, for example, to decide whether or not they are willing to stay there. Mr. Block: Yes, sir. I think that'.s fair. Mayor Ferre: Obviously if'somebody is disrupting the law, or the peace of the property, you know, that's different. But I'm talking the average En ist JUL 2 4 Nu • 9- Mayor Ferro (continued): person that is a law abiding citizen. Mr. Block: If they are law abiding and they pay their rent, they'll be happy to stay. Mayor Ferre: And the second thing is, that I think we have to put some kind of a clause in there with regards to rates. That they would not go above the average in South Florida, if you will, of comparable service. Mr. Block: if I may, I'd like to suggest that the rates would be commenserate, that we could put this in the lease, that the rates would be commenserate with the rates charged in the area for like services. Mayor Ferre: Okay. Just so long as it would be properly defined. Mr. Steels, are you a lawyer? Mr. Steele: Yes I am. Mayor Ferre: All right. Perhaps you might help in the drafting of the language so that we would have, you would feel that your associates would be adequately protected. We're not trying to stick anything to anybody. What we're trying to do is we're trying to get this project underway. Its been eight years. Mr. Steele: Well we'd like to see the project underway. It's only the concerns that I expressed. And if we would be guaranteed the right to stay if we were there, the right of first refusal, that would be the first step. Mayor Ferre: Not a guarantee to stay. A right of first refusal. In other words, you would be given a written notice that this is what the terms are and you would have sixty days to accept or reject. Okay? And number two, that the rates to be charged throughout the term of this lease would be comparable to the rates in the, for, and you'll have to work on the wording, for equal service in the general area. Mr. Steele: well that would be the only thing that we have to work on and we'd like to report back to you when it's considered again, if it will be considered again. Mayor Ferre: well I think we could bring it back, yes. Mr. Steele: Thank you. I think some others might want to speak also. Mayor Ferris: All right we have one other speaker. A lady who raised her... I said I would three speakers so I'll let you and then after you, the gentleman in the front row. Mr. ChiChi Southworth: Mr. Mayor and Commissioners, I'm not going to be redundant from what Mr. Steele said but I would like to say that one of our concerns... Mr. Ongie: Your name. Mrs. Southworth: My name is Chichi Southworth and I am a resident of the City of Miami. I rent n.operty on 23rd Street off of Biscayne Boulevard. I was born in this town and I've lived in this town all my life. And I think that it's only fair that the people that are tenants at Grove Key Marina are recognized. And I don't believe that the increase of cost should precede the improvements made on the dock. Sometimes the electricity doesn't work real well, some of the pilings are pretty shakey. So if we're going to be charged for comparable services at other marinas in the South Florida area, I think the services should be rendered immediately. Mayor Ferre: I think that can be covered is the legal language. They would charge like price for Pike services. I think that would cover it. Mrs. Southworth: I'd like to say one more thing. I don't believe that all people that on large boats are well off. I work very hard for my money JUL 241980 ist 0 0 Mrs. Southworth (continued): and the only possession I have in this world is my forty-three foot yacht. I take great pride in it. She's forty-three years old and I don't believe I should be discriminated against because I don't have a new fiber glass boat. That's all. Mr. Peter D'Ambrogio: My name is Peter D'Ambrogio. I reside in Coconut Grove. I own a house right next to Rose Gordon. I also live on the dock. I have lived on that dock longer than Mr. Steele. I am also an attoreny, however, I do not live in an one hundred and ten thousand dollar boat like Mr. Steele does. I can't afford one. But I would like to say that Mr. Steele's concerns for the people who live on the dock are realistic. However, all the people that he proposes to represent do not share his viewpoints on that dock. Many of the people share the viewpoint of the Mayor and look forward to someone coming in who will take the dock over and provide us the services that, unfortunately, the City has not given us. The prior administration at the dock over there left us just lost. The new administration on the dock has snowed up on the dock and has helped somewhat. Many of the people who oppose this weren't even paying rent to the City prior to the new administration coming on to the dock. Now they pay sixty dollars a month. Many of us realize that sixty dollars a month is not commensurate with what is proper for the services we are receiving, power and water. And in order to get the dock in shape to provide possibly a shower facility which we do not have there, parking facilities, light, to make it so that we don't have the police down there once a week. It's going to take more than sixty dollars a month. And I think that to have someone like Mr. Trainer come in and operate it as he does the marina right in back of us would be a fine addition. I have spok-n with many of the people who have left Mr. Trainer's marina on prior occasions and have come to this dock. I have done everything I could to investigate the problems. Many of these people have jumped to conclusions. They have jumped and said Mr. Trainer is going to be charging more than anyone else. Mr. Trainer charges less than people pay at ,Miami Marina and get better facilities. I have spoken to many of the people who live on his dock and are getting excellent things there. Mayor Ferre: All right. Very briefly because I said only three and you're the fourth. Very, very brief. Mr. Bob Durress: My name is Bob Durress. I own a home on Abacoli. I also own a yacht at Dinner Key Grove Annex. Mr. Block has a vested interest in this gentleman's vessel. That's all I want to say. Mayor Ferre: :vat's irrelevant. It doesn't really matter. Everybody has a right to express their opinion. All right, now. What is the will of this Commission? 5. AMENDMENT MOTION TO PROPOSED LEASE AGREEMENT, BAYSHORE PROPERTIES INC. (See Resolution 30-585 Same Meeting) Mayor Ferre: All right now what is the will of this Commission, at this point, on this item which is item twenty-three with the amendments that have been proffered. Let me repeat them then for the record. One is that you come back with the following two amendments. One, that that the people who are there will have a right of first refusal for a reasonable period of time; and secondly, that the rates charged will not be in excess of the competitive rates in the vicinity. And you have to work out the legal language. Make sure that Mr. Steele has an opportunity to become involved in that. Okay, is there a motion? Mr. Lacasa: Mr. Mayor, taking into consideration those two amendments, I move that a resolution of intent to enter into the proposed lease agreement 27 JUL2419M -- 4 f Mir. Lacasa (continued): with Bayshore Prc-perties for the redevelopment and lease of City waterfront property commonly known as the Coconut Grove Marina for park and recreational purposeL, subject to adequate financing being secured, and two appraisals being received indicating the City is receiving a fair rate of return in accordance with the terms and conditions set furth, be approved. Mayor Ferre: All right, is there a second? Father Gibson: Second. Mayor Ferre: All right, now the motion is that we approve this item with the two amendments that were stated into the record. Now you will have to come back with those two amendments for final approval. And furthermore, if after we have the two appraisals made, they say that this is not a fair deal, you'll have to come back to the Commission. Okay? Further discussion? Call the roll. Mr. Plummer: Wait a minute. Let me have a clarification. This matter is going to come back before this Commission, regardless, before final approval? Mr. Grassie: At this stage it is because you asked for two amendments to the resolution. Yes. Mr. Plummer: Well, we're not going to be limited to just those two amendments when it comes back before this Commission. Mr. Grassie: No, the whole document will be in front of you, and you of course, would vote on any portion or the whole document. Mr. Plummer: All right because, you know, I have a lot of questions but I'm not going to ask them now until we go to a final draft. You know, for example, when we're talking about eight percent of gross, that means we're going to get eight percent of every possible gallon of gasoline that's pumped? These are not spoken to in this document which I have before me. Mr. Fosmoen: I'm going to ask Bill Harris to answer that specific question for you, Commissioner. Mr. Plummer: w-ll I hope you would incorporate it in the draft or in the lease and I don't see it. Mr. Block: Mr. M: yor, maybe I can help clarify the point about the gasoline. It is in the lease, I believe, but we're not planning on putting gas docks there because of insurance and because there will be so many people at the boat shed, that it would be just too dangerous to pump gas. Mr. Plummer: Mr. Block, that's well and good except you're asking for permission to do it in the future, if you want to. Mir. Fosmoen: It's two and one half cents a gallon. Mr. Plummer: That's nc- spoken to in this is it? What page? UNIDENTIFIED SPEAKER: Mr. Commissioner, if you'd look under consideration clause on... Mr. Plummer: What page? UNIDENTIFIED SPEAKER: ...on item number thirteen, it would be number seven. If you'd look up in the section.... Mayor Ferre: You said page thirteen, or item thirteen? Mr. Plumm r: Page seven. That's what he said to me. ist � ; i 980 1 0 UNIDENTIFIED SPEAKER: On your number two, on page number eight, it says two and one half cents per gallon of full by the company or a sub -tenant from the premises in the prior month. In addition, we would get fifteen percent of all revenues derived from the docks. And that has nothing to do with the eight percent of gross. We get fifteen percent for the City of Miami from all gross dockage revenu�-s. Right off the top. In addition to that, we would get eight percent of all other non -dockage revenues up to one million dollars, and ten percent above one million dollars. Mayor Ferre: All right, further questions? Mr. Plummer: Well Mr. Mayor, I have no problem as long as it's coming back for final approval before this Commission. Mayor Ferre: Call the roll, please. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 80-548 A MOTION AMENDING A PROPOSED AGREEMENT BETWEEN THE CITY OF MIAMI AND COCONUT GROVE MARINA (KELLY PROPERTY) AGENDA I^aEM 23, BY ADDING THE FOLLOWING CONDITIONS: (1) THAT THE PRESENT TENANTS OF SAID MARINA SHALL HAVE THE RIGHT OF FIRST REFUSAL AS TO THE RETAINING OF THEIR SPACES WITHIN A REASONABLE PERIOD OF TIME (60 DAYS) FOLLOWING SIGNING OF AGREEMENT AND (2) THAT THE RATES CHARGED BY THE OPERATOR OF SAID MARINA SHALL BE COMMENSURATE WITH THE SERVICES RENDERED, COMPARING SUCH SERVICES WITH SERVICE RATES CHARGED BY OTHER LIKE MARINAS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ON ROLL CALL: Mr. Carollo: Since this will be coming back to us, seeing that I've only had possession of this for approximately five days to look over, unlike Noguchi's presentation, there are things here that I would like to have clarified more than they are. But since this will come back to us, under the circumstances I will vote yes. However, I definetly want to make it understood, not only myself but all the members of the Commission here reserve the right to reconsider their vote here now. Mayor Ferre: In voting, let me say that obviously a member of this Commission always has the right to vote yes or no on any item that comes up, including one in the future where there was a yes vote and then a no vote, or a no vote and then a yes vote. We all have that right. We are approving today, as we did with the Noguchi matter, something in principle. The details of it will be coming back and I'm sure there will be many questions, and they must be answered to everybody's satisfaction,' at least to three members of this Commission's satisfaction. I would say that this is a very happy day, for me anyway. It is one more step forward after many, many years of waiting. We're going to win. We're going to win with the restaurant right out here to the right of us, where we're going to have the Charter House build a major restaurant, we're going to win when we redevelop five hundred slips for improved boating ist 29 JUL 2 41980 0 Mayor Ferre (continued): facilities right here at Dinner Key; we're going to win with the improvement of Monty Trainer. And we have been castigated and criticized and cut up one side and down the other, but patience and persistence„ and dedication and belief in the long run prevail. We have an opportunity. It is an opportunity that this community has turned its back on for the last fifty years. This should be the boating capital of America. There should be not one, but twenty restaurants on the water not just for the rich but anybody who want to get a pizza and a beer or a glass of wine or a coca -cola on the waterfront, or a fish sandwich. Why should everybody talk about Ghiardelli Square. They ought to talk about what Miami is going to do. We ought to have people driving here from Palm Beach. I drive up to Fort Lauderdale to have dinner at the Down and Under because it's such an excellent place. I don't know too many people in Fort Lauderdale who drive to Miami to have dinner in any restaurant. And I think we need to have the kind of attractions, the type of beauty, and the type of facilities for all people to enjoy and to really make this a waterfront community that it deserves to be. And the only way we're going to do this is by doing it with private, public sector involvement. We own the land, the private sector is going to manage it. I vote yes. 6. REPORT ON CANCELLATION OF GOOMDAY FESTIVAL Mayor Ferre: All right, we're now on item number "E", Goombay Festival. Mr. Stirrupp. Mr. Grassie: I'm going to ask Angela Bellamy, Mr. Mayor, to introduce this for you also. Mrs. Angela Bellamy: Mayor, members of the City Commission, the 1980 Miami Goombay Festival was originally scheduled to be held on June 7th and 8th. And it was subsequently postponed because of the May Civil disturbances. The City Commission indicated that they would like to have a report before the Commission in view of the civil disturbance on police protection for the August Goombay Festival. Members of the Festival Committee along with representatives of the Police Department met in my office on ?uly 15th. We discussed plans on extending the police protection in the area to _:-.:orporate areas beyond the festival boundaries. That evening civil disturbances oc.:urred again, and subsequently, the Police Department recommended that the Goombay Festival be cancelled because it was their belief that they could not adequately staff the festival to insure the events success. On July 17th, there was an emergency meeting called of the Goombay Festival Committee, at which time they unanimously voted to cancel the Goombay Festival. They did, however, ask that the City provide them with funds to reimburse them of expenses that they had incurred. Those funds would amount to not more than three thousand dollars. What we're asking you to do today is to acknowledge the cancellation of the Goo,:�bay Festival and to approve an allocation up to three thousand dollars for... Mayor Ferre: That resolution is before us. Is there a motion to that? Mr. Plummer: Mr. Mayor, somebody wishes to speak but I'll make the motion. Father Gibson: Move. MA..yor Fprri: All right its been moved by Gibson, second by Plummer. You wish to address yourself to it. Go ahead, sir. Qn .i U 1 1080 ist Mr. Angel A. Trujillo: Mr. Mayor and council, I am Angel A. Trujillo. My address is not City of Miami but I think that this Goombay Festival is not just for the City of Miami. I've been going there three or four years. I don't know how long its been going on but I want to address myself to the reason for it being cancelled. I think it speaks very poorly of us as the City of Miami, and even poorer of the Police Department when they feel they can't handle the disturbances that might occur here. I think we best, as an area South Florida, look at, before we cancel something like this, the repercussions that it's going to cause. I have here a letter that is a reply from the State of Florida, Department of Commerce, from a Miss Janet Dennis. I wrote a letter because I'm a businessman in this community. I travel Texas, I travel all the State of Florida and I travel the islands. I come into contact with a lot of Latin Americans coming to this area and even Flordians are now being afraid because of the press, because of these type of things, because of the government. If we, ourselves, are going to show the outside world that we're afraid of our own citizens and we can't handle our own citizens, how are we expecting them to come and spend their money on our lovely area. Mayor Ferre: Thank you very much, Mr. Trujillo. I think your statement is a valid one. I personally concur with what you're saying but I have one problem. The problem is that if we were to proceed with this, and the Police Department has gone on record of their concern, and one person lost their lives, or was maimed, or there was a disturbance of any kind then I would have to assume the burden of that responsibility. Mr. Trujillo: And you're not willing to do that. Mayor Ferre: I am not willing to do that as long as my Police Chief and my Police Department tell me... t,r. Trujillo: Are you willing to accept the responsibility of the millions of dollars that this community is going to lose. Mayor Ferre: In the first place, I don't accept that we'll lose a million dolllars or any sum... Mr. Trujillo: No, I didn't say a million. I said millions. 31 Jul 2 419W 4 f Mr. Trujillo: No, I didn't say a million I said millions. Mayor Ferre: Millions, I do not accept anywhere near that and in the second place, if it were true you are absolutely correct. I would accept the loss of millions of dollars to save one life - you're right. Mr. Trujillo: Well, Mayor Ferre, I can tell you that if you appease the rioters by this action and you continue to appease the rioters and not deal with the masses of people that could be accomodated and enjoy a festival like this and give these people an outing that every summer that they have enjoyed - I've beer, there as I said three or four years and it is a very enjoyable one - I doubt very seriously I ever saw anyone even get scratched at one of these festivals and it also showed colored, white, Chinese, Jamaicans, Americans and dll nationalities together and I think that you and this Commission should con- sider this very strongly before you make a rash and what I think an irresponsi- ble decision. Mayor Ferre: Mr. Tru iiio, we have over a dozen festivals here, this is one of them and we welcome you to the other festivals that will be occurring. Mr. Trujillo: I will be at most of the events that I can here, however, $3,000 J"m glad that it's none of my teat money that you're spending because if you are further appease them by paying $3,000 for them not accepting the responsibility of this Commission I think all of you are quite mistaken on it. Mayor Ferre: Okay, questions or comments? Mr. Carollo: I'd just like to make a comment, Mr. Mayor. I would like to believe that the majority of the members of this Commission are the type of people that are not going to bend to the pressures of the type of people that are not going to go alone with appeasement. I think that if we look to his- tory history would tell us that the best example, at least one of the bebL examples in history of appeasement was during the 301s, we could look to England to a chap named Matt Chamberlain and I think history will show us the result of that form of appeasement back then dnd if we don't learn from his- tory history will again repeat itself and I'm afraid that history has been repeating itself in Dade County and in Miami, Florida. Mayor Ferre: All right, further statements? Mr. Stirrup. Mr. William Stirrup: mdyor Fer.: and members of the Commission, I would like to refer my remarks to the gentleman that just spoke. I regret that the Goombay is about to be cancelled but without vendors there will be no Goombay. After the first disturbance we had 50 requesting their refunds and after last Tues- day we've had over 50 and since it was mentioned in the media that it was can- celled everyone is asking for their... But prior to the cancellation - do you understand what I said? The first disturbance.... Mayor Ferre: Mr. Stirrup, you address your remarks to the Chair, this is not a debate. Mr. Stirrup: After the first disturbance we had over 50 refunds and after the second one it was approximately the same so without vendors I see no Goombay. Mayor Ferre: All right, further statements or questions from members of the Commission? If not we have a motion and a second. Is there further discussion? Who made the motion? Mr. Ongie: Father Gibson, Mr. Plummer seconded it. i Mayor Ferre: All right, further uiscua6iv,4! Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTIOL NO. 80-549 A RESOLUTION ACKNOWLEDGING CANCELLATION OF THE 1980 MIAMI/ BAHAMAS GOOMB%Y FESTIVAL AND ALLOCATIING UP TO $3,000 FROM THE SPECIAL PRO-;PJWZ AND ACCOUNTS - QUALITY OF LIFE - COMMl1NITY FESTIVALS, TO REIMBURSE TAE MIAMI/BAHA.MAS GOOMBAY FESTIVAL COMMITTEE FOR EXPENSES INCURRED IN PREPARATION FOR THE SAID FESTIVAL, SUBJECT TO THE SUBMISSION OF PROPER DOCUMENTATION FOR SAID EXPENSES. (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. ON ROLL CALL: Mr. Carollo: Yes, I think that this is something that if the people that are going to run the Goombay Festival feel this way we have no other alterna- tive but to go along with them. Mr. Plummer: The best kind of medicine is preventive medicine and I vote yes. Mr. Lacasa: In voting yes I want to say that this is another example of the results of the situation that we have been having in the City of Miami which I attend to address later on this afternoon and this concerns the civil dis- turbances that we have experienced. I vote veE. 7. PRESENTATION OF DESIGN CONCEPTS FOR RAPID TRANSIT STATIONS: BRICKELL - CULMER - OVERTOWN - OFFICIALLY CHANGING NEW WASHINGTON HEIGHTS STATION TO "OVERTaWN" - MAKING PROVISION FOR ADDITIONAL FUTURE ENTRANCE AT OVERTOWN, ETC. Mayor Ferre: We're now on Item "F" which is the presentation for the design for the Brickell, Culmer and Washington Heights Transit Stations. Ms. Ellen Wacher: Good afternoo-, I am Ellen Wacher from the Dade County Of- fice of Transportation Administration to present the design of three rapid transit stations. The citizens meeting on Culmer and Washington Heights were held last night, the citizens meeting on the Brickell Station was held on July 22nd. The Public hearing on the station design of these three stations will be before the Policy Council Monday, July 28th at 9 A.M. To present the design of the Culmer Station will be Ron Frazier of Ron Frazier and Associates in con- junction with Daniel, Mann, Johnson and Mendenhall. To present the design of Washington Heights Mr. Thurston Hatcher of Hatcher, Ziegler and Gunn of Miami and to present the Brickell Station will be Walter Martinez of Russell, Martinez, Hull of Miami. First, Mr. 1.on Frazier. Mr. Michael U. Bernard: My name is Michael D. Bernard and I am from Baltimore, Maryland. I am pinch hitting for Ron Frazier. I'm presenting the Culmer Sta- tion Design this morning and I'd like to first set the stage for the design itself. We are located in a neighborhood environment, one of the few stations that are actually nestled in with a community that is now existing. We do not front on a major thoroughfare, we are, in effect, perpendicular to that thor- oughfare and we are at the intersections of 7th Avenue and llth Street north- west. It is important to note our relationship to both the community and to the adjacent tuurouyhfares. We have Waxen into account in the design many of the concerns of both the City of'Miami and the neighborhood itself and for that reason we would like to show you this morning our most recent design con- cepts. n3 JUL 2, 41980 Mayor Ferro: Ellen, we're runing out of time, it's already mid -day. I would request that each of these presentations not take more than ten minutes. Could we do that? That would give us half an hour. which : think is plenty. So could we accelerate this a little bit? I don't mean to be rude to the archi- tects who have worked so diligently, but we do hove an awful long agenda today. Mr. Bernard: As I had mentioned before, it is important to note that we are nestled in within a reb:dential community and that our main fronting is on that community itself off of the main thoroughfare which is 7th Avenue running as the shadow of my finger would suggest - llth Street northwest running again as the shadow of my finger would suggest. The community has been involved in the design as well as th, City of Miami ana we'd like to point out some of the is- sues that have .-affected the design of the station. Firstly, we have accomodated City desires for commercial development in the community. We understand that the site immediately across from out station entrance is considered for future development anc we have accordingly accomodated that design with a major plaza fronting on our station that would accomodate any future commercial interface between the two. We have also tried to accomodate within the design a buffer- ing zone between the station facilities themselves and the adjacent community at the back of our station so that we can eliminate problems with noise and the bus traffic that may be occuring throughout the operations of the system. Essentially, again, we have North Avenue running in a north -south direction and llth Street running east -west. Commercial is proposed for the area immediately adjacent and to the south of the station entrance as well as possible consider- ations to the north. our main frontage, again, is along llth Street and we've tried to reinforce that with a major plaza that will allow cross mingling and interaction between ti-le two elements. we have provided at the community's re- quest parxing, long term parking immediately east of the station entrance and because of o,era_iondl considerations have also provided a kiss and ride facil- ity along llt`. Street. To the rear of the station we are providing a bus drop- off and parking area, this bus drop-off area will, in fact, operate as a free body transfer allowing patrons arriving at the station site by bus to immed- iately enter the station without passing through fare gate arrays and going immediately to the platform level. Again, just a closer look at the parking and parking arrangement that we are providing. We are now standing at the intersection of 7th Avenue and llth Street looking towards the entrance to the station itself and as you'll note, the plaza does allow one to enter immediately into the station passing through the fare gates and on into the concourse area. As you'll note, we have surveillance continued throughout the daily operations by an agent located within the station control center. The concept of the station design is one of transparency at the ground level, and as such we have tried to provide an enclosure system that allows for full transparency yet providing full security for the station and in such we have shown a metal screen or grill that will enclose the full c^:.course level but allow people to look both inside and out. The station operates very similarly to all sta- tions throughout the system. The circulation paths are reinforced from one station to the other in that the patron would enter through the fare gates, immediately proceed to either an escalator or a stair depending on the move- ment of the es:.uiators during that A.M. or P.M. peak flow and onto the plat- form. Again, as wu hnvo tried tc, show and discuss this part of our design, the plaza design is such that we can accomodate future development across the street and the spill -over kinds of free enterprise or commercial activities that may occur adjacent to this kind of activity center. This a close-up of the kiss and ride facility and how we would be providing kiss and ride park- ing facilities for P.M. peak and A.M. peak drop off and an overview of that. We have accomodated the City's concern for the termination of the 7th Court in a Cul-de-sac ana for the continuation of the "djacent 8th Street through a U-connection behind our station. The remaining plot of land behind the station will be developed with landscaping and will allow community access to the site down both of th#-.e streets and through sidewalks connecting the cul-de-sac and the U-connection to the station facility. It is shown here. We would come across in a sidewalk approaching the station and into the fare collection area. I might stress that all patron access will be in terms of park and ride and kiss and ride and walk on, it will be through the south end of the site, all patrons arriving to the station by way of interconnect- ing bus circulation will be to the north end of the site through again the free body transfer. Again, just an overview of the entrance plaza. This is an elevation of the entrance approach and what we would want to stress here is the design is very similar throughout the system. we feel that there is a need for continuity of design and as such we have tried to use all of the elements of station design that you've seen throughout the system. Again, we would have precast concrete, cast in place concrete and glass brick as You have most recently seen. The north and south elevations, just to clarify the overall unity of the station design. We are providing vertical circulation 34 A I I 1 ') Al; ,i CO, QW0 0 0 elements connecting both the platform and concourse levels and over those we have tried to provide sky lights in each main vertical circulation element to reinforce the main in and out flow of patrons and as a consideration we have tried to emphasize that we have provided emergency -onsiderations off of the platform by the additional incorporation of an emergency exit stair if and when it is ever required. This is a concept of what might happen or could happen along the alignment between our station, Culmer, and the sta- tion to the immediate east of us, Washington Heights in that the area below the alignment could be developed as a linear park. Mr. Plummer: Are there any questions? Mayor Ferro: If not, thank you very much, sir. Rev. Gibson: Are you telling me that the people saw this? Mr. Bernard: The people saw this last night and the reaction was favorable. Mayor Ferre: All right, any further comments or questions? If not, we'll go to New Washington Heights/Culmer/Overtown - no, we have a different name for it, this is New Washington Heights because Culmer is the other one. Mr. Jack Luft: Mr. Mayor, while they're setting up we would like to suggest that perhaps this Commission would go on record endorsing the neighborhood Citzens Committee's request to change the name of the New Washington Heights Station to the Overtown Station. Mayor Ferre: All right, is there a motion to that affect while we're waiting for the set up? Rev. Gibson: Is that what the people want? Ms. Luft: That's what they're asking for, yes, sir. Rev. Gibson: All right, I'll move it. Mayor Ferre: Mcved by Gibson, seconded by Plummer that the request that the name be changed from New Washington Heights to Overtown. All right, call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-550 A MOTION GRANTING THE REQUEST OF THE OVERTOWN ADVISORY COM- MITTEE AND OFFICIALLY CHANGING THE NAME OF THE NEW WASHINGTON HEIGHTS RAPID TRANSIT STATION TO THE "OVERTOWN STATION". Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo and Mr. Lacasa. Mayor Ferre: All right, proceed, Mr. Hatcher. Mr. Thurston Hatcher: I'm Thurston Hatcher and with me is Carlos Ruiz from my office who is the project manager and Carlos will start the presentation. Mr. Cares Ruiz: Good mor,iing. The Washington Heights Station, first of all, the perameters that we had to start with, the size and shape of the site dic- tated certain elements, also location of the guideway piers were elements that dictated what resulted in our design. Aside from that we have taken into con- sideration elements of maintenance, safety, security, operational requirements and integration of system -wide elements. The goals and objectives that we had for the station is for one thing mean that the stations have so many similar elements to give it some sort of individuality, to express the tropical environ- ment which we live in, to resliond to future developments in the area and to pro- vide opportunities for local residents to utilize the site. Now, I will try to orient you as to the site and 'the elements that compose it. We have First Avenue, First Court, Sixth Street and Eighth Street. Now as far as the adjacent areas, we have that development that will be occurring to the east of the sta- tion, to the west and further redevelopment of residential areas will be occur- ring on the north side. To the south is the Government Center. Looking at the site we have the major elements of the site are the intersection of First Court .ind Eighth Street, Seventh Street and the majority of the people will be RK iu L 2 41980 approaching this st"tion throLga this corner over sere, the people from the community. The people that would be arriving to the station would most likely be leaving in this direction and then coming back again in the same direction. The major elements of the station are the ancillary or supporting facilities, the concourse and the fare collection. area. Within the site we have also major elements that dictated a linear approach to the system, this being the bus drop off area, the automobile drop off area and again dictating a flow of traffic that is very simple and very dire_•t, again, that being reflected in the sta- tion and the guideway connection. Aside from being able to arrive to the sta- tion by bus or by au*orcb'iie the patrons can also arrive by bicycle. We have provided a bicycle area with also areas for bicycle racks and lockers. Seating as you can see is provided in shaded areas for the bus patrons. One element that is also very important is the corner plaza. I would like Mr. Hatcher to concentrate a little bit on that. Mr. Hatcher: One of the objectives in this program was for this station and its placement in this community to become a catalyst for development around it. Because of this we felt that it was terribly important to make this area some- thing special and due to all the activities that have to take place in there, of course, we're limited as to how much can be landscaped but because of this corner being so critical we felt that this had to be developed into something very special so all of the traffic pattern has been built around it and this particular corner car, be made into an element which can be very important to the entire ad3acent community. We have created a water element here which will add to the visual effect and the visual delight of it as well as the sound which can be heard from this entire area and we have provided areas here for private concessions to come in as there is a need. As you can see, once you get into it hire is the proximity of this particular corner to the station and as Carlos has noted it is a major access to the station. That's another closer view showing Zone of the activities in this particular area. Now there is another point here where we would like to also create a strong visual ele- ment. This is not a large enough area or deep enough to create a water element and we felt that if we did it would be drowned out by the traffic. Also we considered art work: There and felt that anything of a small scale would be lost because people would have to view it from across the street with cars going back and forth so t:: idea of using banners at that location we felt would be very appropriate because they can be seen all the way down the street, it will add a feeling of festivity and color to the area and it creates a terminal for this street. I'd like to point out that the fountain and the banners would have to be in the art budget because they are not in the budget of the station but we feel that it is important for these to be included in the project. Carlos. Mr. Ruiz: I'll finish taking it through the station. Basically again we have a very defined entrance to the station which 3oes through several transitions. First the visual stop at First Court then several transition elements of land- scaping again expressing the tropical feeling of the station and then bringing you into a space that is mainly a space to orient yourself with :..`ie service equipment, maps, telephones, etc. would be located. The reason for centering on that spot is that we have been told that part ol. the development to the west of the station will. include hote:., and several types of businesses that will attract the people from outside of the community so, therefore, we would like to have them come and be able to orient themselves rather rapidly. This gives you a view of the entrance and again emphasizing the very tropical feeling that we're trying to stress in this one station. The concourse enclosure, as you can see, has been selected for minimum visual obstruction, it is for maximum visibility, maximum ventillation and the lush landscaping that is throughout enters into the station along with the paw.,, again bringing the outside in. Here is a little bit of a close up indicating the detail of lighting elements versus t:',e paving and again a close up of the enclosure. This section gives you a little bit of tine ide- of the transition of spaces as you go into the station, lowering at the entrance and again opening up into a large volume space in which the focal point will be the landscaping at the end. This view again emphasizing the lushly landscaped interior and the tropical feeling that we're trying to reflect in this station which I think will give it an identity of its own. The materials that we re selecting, a warm tone material on the floor with granite details, etc., again... Here this section basically the same as you have seen before again emphasizing the landscaping. Mayor Ferre: Okay, we need to wind it up now. All right, are there any ques- tions at this point? if not, congratulations. I think that is an exception- ally fine set of drawings as is traditional with your office. Mr. Hatcher: Thank you. .66 JUL 2 41980 I 0 Mr. Luft: Mr. Mayor, while they're setting up I'd like to adc 3ne comment to the Overtown Station. We have requested OTA tj make prc%,-ions for an entrance on the easterly side of that station ab•.;ttin,,: tr._ FEC ;u.nt develop- ment site in the New Town In Town Development. we wo,,16 likE this Commission to support that request. This is a joint request buth from our staff and DDA. Rev. Gibson: What was that request': Mr. Luft: To support thv r..,kinf3 of prov_sicns to aid the necessary electrical connections, utility connections to add at a possible future date an entrance on the east side of the station to the FEC development site. Mayor Ferre: Is there a motion? The following motion was introduced by Corr:c.issioner Gibson who moved its adoption: MOTION NC. 80-531 A MOTION REQUESTING O.T.F,. METROPOLITAN DADE COUNTY TO MAKE PROVISION FOR INCLUSION OF NFCES,SARY UTILITY AND ELECTRICAL CONNECTIONS, COMMUNICATIONS, ETC., WHICH ARE NECESSARY TO A FUTURE PEDESTRIAN ENTRANCE ON THE EAST SIDE OF THE OVERTO'4N RAPID TRANSIT STATION. ';pon being seconded by Commissioner Plummer, the motion was passed and ,,dci;ted by the following vote - AYES: Co=1T S oioner Joe Carollo Co:z,iss:over J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mr. Y.a-ter Martinez: Good morning ::ayor Ferre and distinguished Commissioners. My narce i�i Walter M,irtinez of the firm of Roscn, Martinez and Hall. With me is Terry Hall from the firm. I'm going to very quickly show you our work on the brickell Station. Brickeli Station is unique in that it is very high as it approache3 the Miami River and, as you know, there it had to be 70 feet clearance for the boats so our station is higher than the standard. Also, it's location betweer, First Avenue and going from the Miami River to Coral Way is a beautiful rock outcropping which we are trying to develop on the top of the screen. there. Now in con -unction with cur design of the station our con- tract includes the development of the landscaping of the whole line section, in other words the land underneath the guid:way going from the Miami River going to 25th Road. So we have taken the opportunity to develop that in sort of a linear nark on which amenities and landscaping would be developed. Here we have another view of that and you will see in detail. For i.istance, Coral Way, you could see a bike path could be developed along, on the side of the guideway so thut people could bicycle or stroll by and stop at certain points wit'- nice terraces and, wenches and continue on. Here is also one of the entrances from our station at the corner which will be going up the rock out- cropping and proceed north of that. One more view, see how the walk will proceed north and go to :.he south entrance of the station than, further along the line to see the south entrance and 'now the terrace and the parks develop along the way. Here is the north side of the entrance and it is being developed into a wide terrace, in other words this long statior, will offer the opportunity for the neighbors to crusE ever, when the station is closed, the neighbors will be able to cross into a beautiful landscaped terrace and provide that. commun.cation tasc-west which now is denied by what wa6 the old existinc; raj:roaJ tracks t!_n further north on Eighth Street is like an en- tranct allowing a view of the station to the south and all surround•_d by beautifully landscaped walks. Further north is another small building for t� c 1,r,ici; re.luiremei,ts but the pathway continues and the park as such continues through 7th Street and all the way to the Miami River in which will be a final terrace beautifu:ly so that people can stroll by, sit down and look at the river, also a pace fcr a bicycle storage. This is a view of the model show- inq tht, uther station from the northeast. This is a view showing the station. This particulAr station because of the contours, the north entrance is lower than, the south entrance and is connected by a bridge so that you have access from both sides and, from there you go up the stairs and escalators to the platform itself. This is a view of both entrances, you can see the difference in elevation between one land the other. Another perspective of the whole station, you can see at the bottom the south entrance, the north entrance at the top, you see a U-turn drive which we created to improve the traffic circulation and allow buses to go around without having to go all 37 JUL 241980 the way to Coral way and back straight through. Another detail of the south entrance showing the rock outcropping and how the park is going to come on top of it and connect directly to the south entrance. Another view of the model looking from the north; this is a rendering of how it will fit, look in that nice park on top of the rock connecting to the south entrance and then slope to the entrance itself landscaped with tropical foliage, sabal palms, etc.; a view of the rock outcropping itself, the south entrance further down the i3ne where it becomes a bridge connect- ing the north and the south, a portion of the concourse, another view of the station model seem, the road going under the station simplifying the traffic. This is mother rendering of how it will feel standing on the bridge connecting one side with the other of the station, seeing how the structure above forms a canopy and how it is a very breezy, airy cheerful; a view of the north entrances of the station or the great plaza in front of it which will double like a lark when the station is not used and allow communication from one street to the other and the same view and the model how it looks in reality. Another view from the south entrance showing the ramp and some of the landscaping; another view of the model showing the street, one more view showing the sky light at the north entrance. That's a view from llth Avenue where there is an existing City park and how it will blend normally with the station and the people will be able to walk from the park right to the south entrance of the station and that's the final view of the overall station. If there are any questions I'll be happy to answer them. Mayor Ferre: All right, any questions? If not, thank you very much for a very nice presentation. Ellen, I want to reiterate to you what I think I've been saying for the last four years of being a person from the tropics, espec- ially for the past 30 years here in Miami which is even worse than the Caribbean because there there are always trade winds. There are many many times in this co=ur:ity where it is 90 degrees, 90 per cent humidity and no air movement at all and people just wilt. Now there are no provisions here anywhere here for fans and since we do not have air conditioning and we have senior citizens and other people it is r,;y strong recommendation once again that high velocity fans be placed in several places on the station so that people who are waiting for trains will have a certain degree of comfort, not air conditioning, I know we can't afford that but certainly fans do not cost that much and it would greatly add to the comfort of people standing especially in August and September where it is 90 degrees and 90 per cent humidity and no air movement at all and I really, I would like an answer in writing because I've been making this state- ment now for the past four years, I have yet to hear anybody address it and I certainly intend for it not to be ignored and if I can't get it solved here I just want to tell you on the record I will address the problem in Washington. Okay? Anything else you want us to do now, Jack? Rev. Gibson: Mr. Mayor, I hope that same issue is raised with all of those stations. Mayor Ferre: All the stations, I'm not talking about just Brickell. This is for every sinyl: station. Rev. Gibson: All of the stations in the City of Miami a-1-1, because I will address it come Monday morning so I don't want anybody to go out here under any misapprehension. Okay? r8.CONOMIC DEVELOPMENT PROGRAM FUNDING E!SON-'.l'n--i. a1VER ARGET AREA. Mayor Ferre: All right, we're now on Item "G" which is Edison -Little River. Mr. Manager? Mr. Grassie: Mr. Mayor and members of the City Commission, this item is a con- tinuation of earlier discussions that you have had on this subject and it is brought up both at the request of Commissioner Lacasa and members from the com- munity who would like to address the City Commission on this question. Mayor Ferre: All right, Lacasa, do you want to start? Mr. Lacasa: Mr. Mayor, I understand that the people From the Little River Commerce Association also as the Manager stated requests to be heard by the Commission so I will defer to them at this point. Mr. Ernie Martin: Mr. Mayor and Cow,,issioners, I'm Ernie Martin, the Director of Dade County's Community and Economic Development Progran anti I'm here because I understana you had some questions about the County's commitment. Just for your quick backgroand on the matter, the County Commission in February ap- proved a program to continue services that had been initiated by the County but which because the County no longer receives funds based on the Ci_y's needs the City gets funds that used to come to Dade County, improve this plan for a smooth transition of services and thanks to the work of your Mayor and Commis- sioner Carollo as well as the sub -committee set up by the County Commission by and large almost of those services that were initiated by the County are now continued uninterrupted in the City and one or two exceptions exist which is what we're here to discuss today. The Little River Commerce Association has been funded for about three or four years by Dade County, their present con- tract terminated on May 31st. The Coun:} Commission had committed itself to $50,000 which represents 50% of the funding for that association. As a result of the fact that their contract terminated and their existing staff, we needed to arrange for some continuation of the services a new contract was entered into for a six month period which will fund them through November. One of the major reasons for this continuation was that of the eight or nine commercial revitalization districts that had been funded throughout the County of which several are in the City, the little River Commerce Association had the best track record in taking advantage of the County's companion program for commer- cial rehabilitation loans in the area. The Association has made it possible for 7 businesses who already receive the 3% loan funds from the County, that is a companion to the $50,000 in this area and 10 were in process and are still in process and we expect to close those, it will take about 6 months to complete that activity before the program would be terminated if the City did not choose to continue to fund this association. I understand you had some questions about our commitment, I think that should answer it as far as this fiscal year. Mr. Lacasa: Mr. Martin, my question is this basically. Is the County fund- ing to the Little River Commerce Association contingent or subject to the City of Miami funding? Mr. Martin: No. Mr. Lacasa: Okay. Is ..ny zuture funding contemplated at this point by the County government that might be subject or contingent to the City of Miami funding to this specific association? Mr. Martin: Yes, there is a tentative set aside of up to 25% of the total cost of the project to serve'that neighborhood. The rationale behind that set aside by the County Commission was that some of the Edison -Little River Target Area is unincorporated and some of the services would benefit primar- ily unincorporated area residents so the County should have an on -going com- mitment up to approximately 25%. Mr. Lacasa: 25% of what? . Mr. Martin: Of whatever cost the City agrees to fund. .39 JUL 2 41980 i 0 Mr. Lacasa: In other words if we fund them by $50,000 you will provide up to 25% of that, $12,500? Mr. Martin: That's right. Mr. Lacasa: And that will be if we fund the Little River Commerce Assoc- iation or also if we fund anybody else in the area to perform that particular purpose? Mr. Martin: The intent or the County Commission's resolution was to see that the services which they had initiated and the agencies which had good evalu- ations by the County were continued. I think they would be amenable to other solutions other than that but their intent was to fund the existing organiza- tions which in this case is the Little River Commerce Association and I believe the intent was also to continue that commitment into the 7th year, however, that's subject to negotiation between you and the County Commission. Mr. Lacasa: Thank you. Mr. Martin: If there are any other questions.... Rev. Gibson: Oh yes. Let's make sure we understand. I'm not going to worry about what Metropolitan. Dade County did, I'm going to worry about what we did. Man, I want to make sure I har this right. When we set aside that $50,000 we set aside that $50,000 without restraint. We said that you go out here, you have a joint board and the majority of the members of that board, one plus p, this group. All right, the intent then was and still is unless you change it today, was that if you don't have enough sense to use your eight votes to get what you want shame on you. Isn't that my understanding? Mr. Mayor, I rem- ember vehemently what you said and I remember what you said. All right, now let's make sure everybody understands this. I see all of these signs and I love you but the people cormlained that the association in the past didn't do one darned thing about where they lived nor the concerns they had and, therefore, the Mayor was energetically pushing that they be given the $50,000. We were told, we were told that the only reason, no, we were told something like this I may be wrong: Whether or not they get their money from the County depends upon whether or not we rive the City people the money. Isn't that right, Mr. Mayor? Remember now the record doesn't say that. Don't let us be caught in that machination, the record doesn't say that. And what I understand is that these people have a right to go and get their machine together and do their thing. Now if that isn't the way I want everybody to tell me before we move another step. Mayor Ferre: Well, let's be very specific. The motion that was passed here had 3 conditions: (1) that the County must match our $50,000, (2) that there must be a joint board established with the majority of the members of that board being the Edison Buena Vista L.D.C. Rev. Gibson: Right. Mayor Ferre: And (:), that if both of the above conditions are not met the herein allocation is automatically allocated to the Edison -Buena vista LDC without further City Commission approval. Rev. Gibson: Right. Mayor Ferre: Now unless somebody makes a motion to revoke that that's where we stand. Mr. Martin: The County Commission's policy was established in February 1980, it offosed 50% funding. T$, contract of the Little River Commerce Association terminated on May 31st. The County Commission in its last meeting in May had to make some determination as to how the $50,000 earmarked in that community would be continued. They made the determination to continue it through the Little River Commerce Association for 6 months which would take it through November 30th so the understanding is that that $50,000 is available for the Little River Commerce Association., Mr. Plummer: without matching? Mr. Martin: There's no commitment for. matching necessary. Rev. Gibson: Beautiful. Let me make sure I pick up on that. That was not conditioned upon our $50,000, isn't that right? Mr. Martin: That's right..40 JULp!� J c� 'z I.0OU 0 I* Rev. Gibson: Okay, beautiful. We're together. Mayor Ferre: All right, further discussion. is there any5ody else that wishes to address this issue? All right, go right ahead, sir. I have your letter and I would request since you have so many speakers tnat Mr. Betner, Koppen, Mrs. Eisenberg, Mrs. Dunn and Harwood, could you each, that's 5 speakers, could you limit yourselves say to 15 minutes all tolled? UNIDENTIFIED SPEAKER: Mr. Mayor, I'm sure my remarks won't take more than two minutes at the very most. Mayor Ferre: Okay, let's say that we will adjourn at 1:00 O'Ciock sharp. UNIDENTIFIED SPEAKER: My comments will deal basically with the ethicacy of the program and let me first say my name is Bob Reynolds, I live at 7357 Fairway Drive in Miami Lakes. Mr. Carollo: Mr. Reynolds, let me just say it is an honor to have the dis- tinguished freshman Representative here before us here today. Mr. Bob Reynolds: Thank you, Mr. Carollo. I am a member of the Florida Legis- lature, I represent District 108 and that is my primary reason for being here in that the Edison -Little River area is encompassed within the confines of my particular district. Secondarily I am here because I'm quite concerned about any effort to abolish the Little River Commerce Association, an association that I had a number of dealings with when I was a police officer with the City of Miami for some five years as well as now being in the political arena having the opportunity to talk to merchants as I canvassed the area I find that they are very enthused about this particular program. So it is really this mutual constituency that we have here today between us that brings about a common bond between us and that is that obviously we are looking for the common good of all the 2eople and that should be upper most in our minds and in that vein I think it is encumbent when we look at the Little River Association in terms of its ethicacy that we want to establish and maintain viable programs that not only maximize the de�ivery of service but certainly minimize the cost. In listening to your comments today on other matters I heard that balance being struck a number of times, that should be a goal of all good government. Now being one of the youngest members in the legislature has been a great oppor- tunity for me, it has given me the ability to observe and participate in a number of policy making decisions and one of the first observations I had when I went to the Legislature and was confronted with, while sitting on the various committees that I serve on with regards to the establishment of new programs, was that what often times looks good on paper really when it is applied oL the street finds that it is really unrealistic in terms of whether or not that program zan deliver the service. So we take into account, we try to look to other states to see what programs are there that would be analagous to the one under study by us in the Legislature, we read the staff analysis, which I'm sure that you are also privy to, but in general .about 903 of the time there is still that unknown ingredient and tnat ingredient is whether or not this program will in effect work and provide the services. I can say to you today unequivocally that the Little River Commerce Association has provided an excellent service to your constituents and to mine and I way it again based uu not only my personal observations as a City of Miami Police Officer for five years that worked in that particular area but as a Miami resident that graduated from Miami Edison High School that has worked in the Little River and more importantly that has talked with the merchants, and I can assure you, gentle- melt, that many of those merchants would have left that particular area had they not had a light at the end of the tunnel that shined revitalization, re- development of that particular area. And you know, I've had an opportunity - now b,>ing in Tallahassee a vile to come back and make a comparative analysis of wnen I loft and when I v"me back, etc. and I can tell you I look to the Little River area with a lot greater pride than the area that I once knew as a child growing up over in Soar Park, on 5th Avenue and 82nd Street. Now I recognize that your resources are limited especially in the era of :carry Wilson proposals and the need for additional services to be delivered and quite frankly I can tell you that the Florida Legislature perhaps has not treated cities and municipalities and counties in a manner that they should have. Mayor Ferre: Amen. Mr. Reynolds: We have mandatedia�number of programs on the counties and on the municipalities that we should be paying for and I can tell you now, Mr. Mayor, that only after two legislature that has become apparent and I try to correct those things but in finality or in summation I would simply say I am E 9 not aware of the fundink_ g _r.a'1!SMS ti;at you here with reysr"�s to matching funds but I would respectfully request that this Commission give any consideration it can give to the continued level of funaing for this fine organization and its membership. Thank you. Mayor Ferro: Representative Reynolds, let rue perhaps for your information and for the record make a very slight correction because I think it is import- ant that we understand Each otner. In the first place nobody here is talking about abolishing Edison -Little !-liver Commerce, that subject is not before us. In the second place thucu is ao discussion :.ere as to the excellence of the service of the Little River Commerce Association. I think everybody agrees that everything that has been done in the past was very effective and very productive and it _;artainly warrants and merits the applause and support of the City of Miami and it has gotten the support and will continue to get the support whether it be the Octoberfest or the redevelopment of the area or the other many positive things that have come out of Little River. now, what is being disdussed 'here is how do we spend $50,000 from the Development Block Grant of federal funds, C.D. for Economic Development in the area. Okay? Now is is not just Little River that is involved, we have other target aras. Now we had, for example, the wynwooa area. Okay? We had Little Havana. We had the Allapattah area and the decision of this Commission has consistently bedh that if we have a C.D. Board, Community Development Board of elected people that are elected by the community that we follow their advice unless there is a very strong overriding reason not to follow their advice. Now, the C. D. Board is strongly recommending that we back the Buena Vista L.D.C. Now, what we're trying to do, what we were trying to do is to find that middle ground, that happy - as you said - middle ground where we can get the community - which is mainly black, the Buena Vista L.D.C. and the Edison -Little River Commerce Association together and that's what we're attempting to do. Mr. Reynolds: i appreciate that clarification, my understanding was that there would be a reduction of funding and subsequent to that I felt that that would detract from the overall efficiency of the program. Mayor Ferrel No, this is a new program, there has been no previous funding of $50,000 that I am aware of from C. D. funds. Mr. Lacasa: :he reduction is from the County's previous funding, not from our's, we have never funded before this particular activity, this is the first time. Mr. Reynolds: Thank you very much. Mayor Ferre: All right, we have other speakers and I took a couple of minutes so we have 12 minutes left. Mr. Robert Koppen: Mr. Mayor and members of the Commission, my name is Robert Koppen, a property owner, attorney and past president of the Little River Com- merce Association. Our appearance here today is really not to challenge the decision of the Commission insofar as Buena Vista but to respectfully ask this Commission to give Ls separate standing, separate funding without concern of where these funds come from. •ii.a program being conducted by the Commerce Assoc- iation has been so long established and has gone so far in the right direction working in close cooperation with this City, leaning on to this point of fund- ing that has heretofore been provided by the County and now in recognition of the fact that the County's funding will be cut in half that we must of necegs- ity find a replacement of that funding for the continuance of the level of activity that we have established for ourselves in the furtherance of the pro- gram that has been identified, championed and worked together with the Commerce Association and this City for low these many years. This area has had its problems, through those many years that I have appeared before you standing basically alone with mayb, Mr. Gordon Smith back in the beginning years when wa were way way down, we nevertheless kept the faith and kept working. The City has been our partner all the way along and together we have made that essential contribution to this community that I think is deserving of continued support. Now we're not here to put ourselves in competition with Buena Vista, we believe that it has a similar problem to cope with but we do believe that it would be improper at this time not to reap some of the benefits that we have thus far sewn. You talk in terms of public/private endeavours, our com- munication ib the best standing example around where we have gotten public and private effort to do something for the good of this community. I need not comment on those private efforts and contributions that I would hope the mem- bers of this Commission kno0about and that we stand ready, willing and able to continue with insofar as the private sector is concerned but having allowed us to achieve that standing with the support that you have thus far generously given and which the County has generously given we have managed to staff and 42 JUL 2 41980 to put together a solid community organization that is doing th- joL. Now we're not complete, we need assistance and we'll probably nte! it for another couple of years but we're not looking to be supported by -.ny governmental agency forever more. We are making our plans to be self-sustaining. We are pushing our community into that area that it will support our local assoc- iation without the need of government funding. I need not comment about the contributions in that regard either because I'm sure the commission knows of it but I am satisfied that if we are denied this funding at this time that we will not be able to conti.-lue with the momentum that we have engendered this far and that just wo.ild not make a lot of sense. we have reached a point of accomplishment, we have done the preparation the Mayor speaks of and now we are ready to reap those Benefits. Don't deny us that, I mean when we are that far along it just doesn't make sense to stop us in mid -stream and that's liter- ally what the taking of $50,000 from our budget would mean. So I implore you all to give special consideration to this association's need to do its thing in ics own way which has been designed to help a part of this community that has long needed help and we're doing our end at the private sector, I ask that you continue with us as you have always done. Don't put us in competi- tioii with Buena Vista, we have our own program, let us run it, let Buena Visca run theirs, please allow us to continue with our success. Thank you. ,%6yor Ferre: Let me just briefly, Bob, since you and I have known each other for many many fears, I agree with you on the basic concept that as you sow so shall fe reap and I think that even in the Biblical sense the sowing has to be on fertile grouna and Father just whispered into my ear a moment ago and i'll let him speak for himself but he said that you must know where you sow, in other words you cannot ignore a portion of the community and all we're ,ryinq to do basically is to correct the perhaps feeling of being left out of a certain part of that community and we're just trying to overcome and perhaps that hasn't been done in the past and this is a new day to start doing that. M-,. Koppen: Well, there is no question in my mind that when we �a e the term ":orrect" that it would suggest that there has peen error and I would take _sz,ae with that if that is a logical conclusion because there is no error in supporting the work of the Association to this point. We have presented our programs for approval, wa have been encouraged to perform those programs and this is not by our individual design but it is in total cooperation and under- standing o: tr.is Commission that we have forged thus far ahead. Now, insofar as I am concerned it does appear to me that we do want to sow in fertile ground and I want to encourage this Commission to do as it appears that it is in the process of doing to help out Buena Vista which is within our target area but I am not so naive as to think that this City of Miami is reduced down to a level of one $50,000 for that whole northeast end of the City. I am asking that we be not ignored in the programs that we have and that we do not suggest tnat there has been error in what we have done to this date but on the contrary that you affirm that what we have done is by your direction to this .late and that you allow us to continue. Father Gibson has been very generous in all of his efforts and in his appearances to the Commerce Association and to the Little River area. I don't believe that Father Gib:-)n would suggest that there has been erroi. in assistinc us and I don't believe that there is any error in Father Gibson's wanting to help Buena Vista. I am only asking for independent separate effort, separate funding for our association to allow us to continue. We are at that point where we have an opportunity of com- pleting a program that has been going on for a long time. It is just not prud- ent to stop us in mid -stream - staff, facilities, everything '.s bought and paid for and we're rolling and we can't continue to do what we've done without assistance. We're not going to drain you, we're Uiving back, I can tell you we're giving back more than what we're receivi.ig and that's what it should be and that's what we're asking you to allow us to continue to do. Mayor Terre: --sob, it is now 1:00 O'Clock. Ptiv. Gibson: Mr. .4ayQr, I ----- Mayor Ferre: All right, well we've run out of time but I'li extend it if it is tilt. wi11 of this Commission and let Father Gibson make his statement and t-'Wlt we'll have: to skip our lunch then if it is all right with the members of the Commission. Rev. Gibson: You go on because I want to make sure and put something in the record. I want you to be thinking about this because I'm going to speak on it. Is it nothing to you all ye that pass by? Is it nothing to you all ye that pass by? when I spoke to the Kiwanis about three weeks ago that was my subject, I'm going to take advantage of it to deliver that same thing to all of us here. We've been friends and I don't want you to forget. Let that MEW 4 i gentleman speak and rec,omber _'m coming on with the subject "Is it nothing to all ye that pass by". Go right on, my brother. Mr. Franco de Varona: Mr. Mayor, members of the City Com;�ussion, my name is Franco de Varona and I live at 7830 S. W. 84th Court, previously I was a resi- dent of the Little River area. I am here to abk you that you fund the Little River Commerce Association for the balance of the year so the Association's services and programs can continue at their present level. As Principal of Miami Edison Senior Hiqh School I have seen the Little River Commerce Assoc- iation work for the betterment of our community and in particular for the strengthening of the public schools. Recently the Dade County Public Schools created a program called ;fade Partners whereby a commercial organization or a business adopts a local school. In February of this year the Little River Commerce Association and Miami Edison Senior High School became partners and thus formalized a partnership that had begun many years ago. This association has always worked closely with our school, it was instrumental in obtaining the approval -of the School Board to build a brand new Miami Edison and the creation of a community school. I will list only 7 of the activities engaged by the Association on behalf of our schools since you are very pressed for time: It has planned career oriented activities for students by providing speakers, field trips and job discussions; It has used the business expertif'e of its members to obtain jobs and employment opportunities for our youngsters; It has provided information to our students about the established values of the business and professional world; It has donated money to our school so that our band, orchestra and chorus could perform at various events throughout the County; It has sponsored contests at our school that encourage improved attendance, citizenship and academic achievement of our students; It has ad- vertised and publi.;ized school events and recognized the achievements of our youngsters in its :monthly publication; It has supported our school publication, the Harbringer. As an honorary member of the Association I have had the oppor- tunity to observe the activities of the Little River Commerce Association and meetings of its Beard of Directors. I am convinced that this association is working very hard to revitalize not only the Little River area but also the entire community. I urge you to support financially the Little River Commerce Association as it strives to improve the quality of life in our multi -ethnic xulti-cultural community. Thank you. Mr. Don Bedner: Ar. Mayor and City Commissioners, I'm Don Bedner, the Presi- dent of the Commerce Association. On my three appearances before you you know I made very brief statements and I intend to do that now. Before I do, I would like to acknowledge those in the audience who are here for the Commerce Association, the Little River Commerce Association in support of us. Let me personally apart from anything else thank you for your patience with us here and the length of time it has taken for you to get recognition before the City Commission. It was a major agenda, there's nothing that much, they have con- trol over that. M.r. Mayor, City Commissioners, there is one major point and that's just one point I would like to make. The Little River Commerce Assoc- iation was not designed to provide the services that are being asked for now by the Buena Vista residents. We perform the responsibilities dictated to us in order to comply with the contract by Dade County or we would not have re- ceived subsequent ft;-.3ing. We simply met our obligations to Dade County and provided assistance as much as possible in any other area of the community that we had at appeal and we did this. Now we have in this audience other owners of businesses, entrepreneurs, residents, these people have an interest in what happens in the Commerce Association, what your decision is today. I along with the others that have spoken implore you to consider the repercus- sions of this decision, not in challenging what happened at the Buena Vista. decision, we've resolved to that, we simply are saying to fine it if possible some place else to continue the funding for the Commerce Association. I thank all of you for showing up and I thank you for hearing me out. Rev. Gibson: Okay, Mr. Mayor, let me deal with my thing. I want to agree with you, you ought to get the money if the City has it but I'm going to make sure the City doesn't touch that $50,000. Let me tell you a story that I hope, Lacasa, this ought to help you in your plight. On the night of the "riots" I was out on the street directing the traffic. You may have seen in the paper where they said what Gibson did, that's not important. My wife came home because she was at a family reunion meeting. When she came home she looked for me, she didn't see me, she didn't find me. My wife, we live in a fairly comfortable home based on the American standard, certainly around here - air conditioned fully, nicV comfortable bed, yes, nice large rooms, yes, name it we have it within reason for poor people. Okay? When she didn't find me she took off her clothes, went to bed tucked away undisturbed. Around 1:30 I came home and she said, "Husband, is that you?" I said, "Yes." She said, "Where were you?" I said, "I was out on the corner of Grand and Douglas." She said, "Oh, yes, I thought that's where you were." She turned over and she .44 JUL 2 41980 1 0 went to sleep. The next morning - I'm going to toot my own horn now because this is a story that applies to you and the rest of this c x-.;nunity. Okay? The next morning I had to go to church so naturally if ! come home at 1:30, church is at 8:00, I couldn't lose too much tire. I at.:t or. to church, we had that service, you know, I'm like the Roman Church, we went through the process. After the service around 11 O'Clock everything was over and every- body was gone, I went on out on the street a:id I hired 15 young people and said let's clean up this community, let's remove the scars. I offered to pay them out of my pocket. Name it, all sorts of things were on the street so I had it moved. Okay? We worked until about 7 O'Clock, you need to know only one other person dune to help me in the leadership business, the Reverend Mr. Georqe who was a baptist minister. We worked together with those young people until about 7 C'Clock that evening. Okay? We went home. The next morning we came on out looking around. That was Monday. The next morning we came out looking around, that was Tuesday. The next morning we came on out looking around, that was Wednesday. Thursday morning my wife got up, turned on the ignition key to the car. She started backing out and she heard a thump and she said, "Husband, I hear a noise which is unusual." I came out into the garage and there was a flat tire. I said, "Gh my, I tell you what you do, you take the car that I drive, I will take the one that you drive, - I will have the tire changed." I went on up to the church, got the man who" works at the church for us and said, "Hey, man, c:range this tire for me." He did, I then drove the car up to the Texaco station. Within five minutes the man had jacked up the car, looked at the tire and discovered the problem. He pulled out a piece of glass and he saiu, father, this is the problem anu you who know anything about cars, repairing tires, you punch something in there like rubber, right away the tire was sealed, put it back on the car. The point of my story is my wife like so many of you in Buena Vista and in Edison Little River passed by, never worried about the other part of that area and consequently you did as my wife did - you went to bed, you went to sleep, you did nothing about the other people so the other people are here saying "Hey, you did nothing about me nor for me and I want some relief, I want some help, I want some of the trungs like all the other peopl,e." That's +11 I'm saying, that's why they got the $50,000. = say to my bretheren in the Edison commerce outfit, my you didn't look around. You passed by, if you the Bib:cal expression, "On the other sire" or, this is also part of the Bibical expression, "Is it nothing to you all thee that pass by?" You ;..st passed by. What I'm advocal.:ing is that we start not passing by, that we start letting those other people get a little bit of the action. And my final comment is this: You know, I didn't like what happened within the last four to five weeks, I didn't like it, I was opposed to it, I fussed about it, I cussed about it, still am, still will but I can help the situa- tion now that, you know, Buena Vista -Edison, you know Edison, you know, I want to give them an opportunity so they won't have as an excuse what the excuse was that took place within the las-; .our to five weeks. I rope what I told you is a clear and vivid story and while you may not like it, when you go home and sleep and why you're in the quietude of your life think about what I've said, even you, Mr. Representative, I want you to thin,, about it chat there is merit in what Gibson is saying -Don't you piss by until the least man is helped. You know, the most important man cannot possibly be satisfied. I'm ready for lunch. Mayor Ferre: All right, very briefly because we're going to move along now. Mr. Jean Juste: Thank you, Mr. Mayor. My name is Mr. Juste and I'm from the Haitian community. I am here to speak on behalf of Little River Com- inerce Association. It happens that I'm one of the few blacks and maybe the. only Haitian who carries business in this particular area and I had a chance to see the change that has been done in this particular area from 68 when Little River was a very living business place through now when it decayed to the point. -where if it r.ren't for the Little River Commerce Association we don't know what t:is area would be at that time. So my question is this: Are we going to let a tree who has many promises but is not strong enough to stand by itself? Are we going to let it die just for the sake of letting the tree die or are we going to give enough for the life of that tree so it can grow up, look for the streets and become an example for the entire City of Miami? This is my frustration. My second question I will direct to Father Gibson and now I've got that question for him. Does he think that our brothers to attract attention should destroy the land they do have and steal or kill for that they have? Should they go back out, the bible says, "I will give more to those who have and take away the less to those who do not have" I've got a big question for that attitude. Thank you. Rev. Gibson: Let me answer you. I think I could speak to that issue far more than you, I've lived it and I want to tell you this, the position I've taken everybody in this community k��, my position is crystal clear 'a'n4 j980 4 f want to tell you this, nobody could challenge Theodore Gibson. I have lived what I preach. And I say this further, and I'll stop, I believe that the people who got that $50,000 are at least entitled to the chance. If the City can find an additional $50,000 for you I say to you thank God, you have my support, you have my vote, I'll keep praying that you'll be success- ful. Mr. Juste: Thank you, Father Gibson. UNIDENTIFIED SPEAKER: Mayor Ferre? Mayor Ferre: Yes, ma'am. UNIDENTIFIED SPEAKER: I plan to be very short, but I felt that I had to say something.... Mayor Ferro: We need your name for the record. Ms. Lois Jordan: My name is Lois Jordan, I am the chairperson of the Little River Task Force. In my position as chairperson of the Little River Task Force we find that we have members of the private as well as the business sector in that particular area. We also have members of the Public Safety Department, representatives of HUD and other areas and the idea of this partic- ular task force is to work with the grass roots people in the Little River/ Larchmount area, more especially the Larchmourt project area. We feel, I feel as the chairperson of the Task Force that we have to work together with the private as well as the business sector in order to try to upgrade the standards Of some of our people in our particular Dade County/Miami area. Now as chairperson of the Little River Task Force we have had cooperation, thank goodness, from the private: as well as the business sector. When I say business sector of the community I'm talking about the Little River Chamber members, I'm talking about that total group of business people who have put their dollars on the line to help those people to help those children in the Larchmount area. Because of their dollars that they have put on the line the Little River Chamber members I'm talking about, You're talking about Commerce whatever it is, I'm talking about the people who have donated almost $1,000 from the business sector in Little River who have donated almost $1,000 to make sure that kids in the Larchmount/Little River project area have been able to go to bowling, skating, going out to see movies that they would never otherwise have been able to do. Also, because of them and because of other members in the business and the private areas we have been able to work as far as setting up a picnic annually, two years for the last two years donating over 1,000 buns and hot dogs and over 30 gallons of punch for kids and I want to ask this Commission to take this into consideration that we have to work at a grass roots level and all of us have to work together. We're not saying, and I'm not saying, as chairperson I can only speak for me, one as chairperson, every area has its own individual problem and you cannot say, I cannot say that we can forget one area as opposed to the other. I feel that we're going to have to work c._`th every area in order to try to solve this problem. Mayor Ferre: All right. We have not heard from the Buena Vista L.D.C. and I know that the lady back there is waiving at me so we're going to give you an opportunity to very briefly make a statement into the record and then we will proceed. We must move along, it is now 1:20. Ks. Betty Graham: I'm Betty Graham, 298 N.W. 48th Street, Miami, Florida. I'm the chairperson of the Edison -Little River Advisory Board for the Cityv: of Miami. I would like to say to this Commission that when we met at our last meeting the stipulations were made that the Edison -Buena Vista L.D.C. woL1d receive -the funds for economic development in the area. At this time I would like the Commission to enlighten us on how we stand at this particular point. I've been here since 9 O'Clock and I do have to leave in five minutes, I would really appreciate it.... Mayor Ferre: Mrs. Graham, you stand in the same place where we stood at the last meeting and that is that there is a resolution that has been passed by this Commission which says that there will be a matching grant from the County of $50,000, that means $100,000 total, that the jcint board will be established with you having the majority an& that if the above is not done then your group will get $50,000. That's where koui stand as of now. Now is there a motion to change that or is there any sxpressions of the members of the Commission? Mr. Plummer: Mr. Mayor, I would change that motion, and it hurts me to make this new motion because I now find as a Miami High graduate and we have the principal of Edison here, and my condolences to Mr. Reynolds, I don't think we should touch the Buena Vista situation at all, they're entitled to it, they want to do it but likewise I think that we should con-inu�- the Edison - Little River Commerce and I make a motion at this time that an additional $50,000 be found within the City budget to continue, with the understand- ing fully understood by the Edison Little River Co:nnerce Association that this is to complete the program as far as City participation is concerned. We brought you a long way - not we, together we've come a long way. I for one could not stand to sit by and not see it to its completion so basically my motion is an additional $50,000 be found for the Edison -Little River Com- merce Association. Mr. Carollo: I feel that that is a fair and just motion, I second that. Mayor Ferre: There is a motion and a second. under discussion? Mr. Grassie:- A question of intent, Mr. Mayor, is that C. D. money we're talking about or General Fund? Mr. Plummer: We'll leave that up to you, it depends on the check book in the left hand or the right hand. Mayor Ferre: I'd like to speak against the motion and the reason why I want to speak against the motion is because it emasculates the basic premise of the previous motio:i. Now that does not :Wean that I would not vote for that, I .could vote for it after we have gone through the process of A, B and C of the previous motion. Mr. Plummer: We have. Mayor Ferre: We have not. And then at a future meeting I have no problems. The Edison -Little River area has been getting $50,000 from the County. We're talking about continuing that type of funding, not increasing it. Mr. Plummer: Correct. Mr. Carollo: Well, isn't that what we actually did with Allapattah when two yrouos came before us? Mayor Ferre: If they get $25,000 and we give them 50 that's $75,000. Mr. Plummer: No, no, it's ----- Rev. Gibson: That's right. Mr. Plummer: Well, it is my understanding, Mr. Mayor, and if I'm wrong I would stand corrected, that it would take $50,000 of City money to complete the program and that was my objective. I didn't go to the particslar mathe- matics and multiplication but what I am saying is that this city furnish them with the full understanding that this is it, that the program is to be completed. That's what I'm looking for as the bottom line, to complete the program on behalf of the City. Mayor Ferre: Look, my position is clear, I'm voting against. I would recon- sider it if it fails at the next meeting after we've gone through the process of seeing where the County stands and whether or not they can make a joint board which is my main interest. I don't like this, well give us our 50 and. let them do their thing in their area. You know? And here we go again. We're talking about one community operating in a sense of unity, then I don't have any problems with that but we're not there yet. - Mr. Carollo: Well again, Mr. Mayor, recollecting what we did with Allapattah, isri't that what we (Aid, we gave two groups $50,000 each? Now where is the difference with this group here now? Mayor Ferre: There are some differences, Mr. Carollo. The Allapattah group did not have any funding from the County (1) and - they did not have any funding from the County, there are some differences here. The other group did not have a history of establishing a pattern that precluded the total Allapattah community and there are substantial differences. Now as I said I would be willing to reconsider this at the next meeting after we've fully investigated this matter and at that time my inclination might be a little in favor. (INAUDIBLE COMMENT FROM AUDIENCE) Sure. Mr. Koppen: I feel that I must comment on the matter of our suggested ex- clusion of any other than our own immediate community. That again reaches ^ 4 1980 0 f back to the objectives tnat wj have eztablishQd for ourselves as assisted and condoned and encouraged by the City Conunission. Our organization, relat- ively speaking is not a large one. We can't do it all any raore than this Com- mission has been able to solve all the problems of all of tjis City. We are a limited organization working within a limited area but we did not pass our neighbors by. We have shown the interest of the entire area as well as any- body can within the limits of our own abilities. Now to suggest that we have ignored our fellow man is jiist not so. Now this Commission should know that we have championed thu cause of the recent arrivals as for as that is concerned, I'm sure the Commission knows and understands our position. This Commerce Association has looked across the street to Larchmount Gardens and has worked long and hard to get government money to come into that community and to make it a better place to :_Ive. I will roi stand for this Commission to suggest to the Little River Co7m-rc3 Association that it has ignored the other parts of this City, that is not so and I stand on our record in that regard. We have used our money, we have used our energies to further the plans of this � JUL2419-M Commission, encoura^ed oy this Corcmissior and it is not right or proper to suggest that we have ignoreu anybody el::e, on the contrary, we have assisted in every measure that anybody ca;, be exrectt,'. to and I take issue with anybody that will say to the contrary. Mayor Ferre: Mr. Kaplan, Lhe lady standing beside you is the one who made the initial statement, so you can talk to her about it. Now, let me just sa;l this. I am not against Little River. At this stage of the game, T am for the Buena Vista L.D.C. and as far as I'm concerned, the Buena Vista L.D.C. is going to get funded unless there is some kind of a merge: here for the purposes outlined and if that does not happen, then we will reconsider our position at a future date, but I am not going to vote, at this time, because that woul,_' be a defeat to what we are trying to attempt here. Again, we are not .ioainst Little River, we just think that it is time to support the community development Board in heir attempts to do something. Mr. Kaplau: Ycs,•but we don't object to that, we encourage that, that is part of our original presentation, the only thing I am saying and I'm sure it is understood in J.L.'s motion is that our program is dependent upon the iunding ou $100,000. For the moment, we've got $50,000 promised From the County. We need the assistance of another $50,000 from the City and the limi- catious placed on that in J.L.'s motion is quite acceptable because we anti- cipate that happy point when we don't have to come down here and sec k further assistanLe. We are doing the very best we can, we have done far more than any other programs that I can think of in this area. Dollars' worth is what jou are ;etting and we are asking separate and 4.part from the motion that you ire cunsidc,ring for Buena Vista, that you consider J.L.'s motion as a separate rac,ans of funding. We are not part of that motion, we are not part of that petition. We are standing before you independently for a separate and one has hot nothing to do with the other. �Liyor Ferre: Well, that's where we disagree, Bob. All right, theree is a motion cn the floor, is there further. discussion? Because it is 1:30 P.M. now we've been an hour. There was a second. Plummer made the motion, Carollo seconded the motion, call the roll please. THEREUPON, on motion of Commissioner J. L. Plummer acd second by Commissioner Carollo, the above -discussed moteion FAILED by the following vote: aYES: Commissi,,:er J. L. Plummer, Jr. Commissioner Joe Carollo NOES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: None. Mayor :'errs All ri;;ht, now, Mr. Manager, would you schedule this on the agenda fur the f;eptember meeting subsequent to R-80-517 after that has been taken to its natural conclusion. Mr. Grassiv: We will. Mr. Carollo: Mr. Mayor, before we procet•d, can I ask you for a quick moment of personal privilege or personal information if I may? Mayor Ferre: Of course. Mr. Carollo: Mr. Mayor, the Aglada that we received for today's Commission Meeting is long enough for two full long. Commission meetings, not one. I am .49 .1 U t Z 41980 appalled that we be given an agenda so long by our City Administration. I can only think of three reasons why this Agenda would be so long. One, Mayor Ferre: No, I will assume the blame, i will. assume the responsibility because I told the Manager when we discussed some of these things that were pending that we could not wait until September and he did not want to put a lot of these issues on and I was the one who insisted that it be done because we must finish these things before we go on our vacation. Mr. Carollo: Mr. Mayor, I just think that if you feel so strongly, that we should schedule in extra day some time so we can proceed with this properly. As it stands now, we are not going to be able to go through all this today unless we stay here until late morning hours on Friday, and there are things in the Agenda that require more than 5 or 10 minutes to discuss. Now, I would think that it is unfair that this agenda is this long and I, for one, would like to propose that unless there are items here that are really - of extreme importance that we defer them until September. Mayor Ferre: I will recognize you on each item that you wish to defer and -f you can get a second and it is the will of the majority of this Commission to defer them they will be deferred. 9. ALLOCATE (EP.KIARK) $300,000 IN FY 80-81 BUDGET TO CONTIIWE COST OF LIVING ADJUSaTXENT PREVIOUSLY GRANTED TO RETIREES. Mayor Ferre: All right, we are now on item No. H. Mr. Manager. Mr. Grassie: This item was put on, Mr. Mayor, at Commissioner Gibson's request, basically to bring it to the attention of the City Commission and I believe to remind us that we need to consider it in September when we talk about next year's budget. Rev. Gibson: Mr. Mayor, I presume everybody knows where I stand on this particular issue. I want to reiterate, I think that all of us ought to be sensitive and conscious of the cost of living for everybody. Some of these people who are retired cannot possibly make it on the pitance that they now receive. I would hope that we would indicate to the Administration in the making of this budget that even if we do not increase their pension as is so that it would be a continuous thing that the five of us would want to ask the Administration in the preparation of the budget to set aside a sum of money, and I'm not going to irgue about how much that money is but a sum of money so these retirees would get a sum of money other than. I just find it heart breaking to know that they have to struggle to make ends meet, it's a pitance that they get, and that some of us -and I have to be one of them - throw away and waste. And I just think that we ought to make that... whatever, Mr. Mayor, you tell me how it's done so that we don't have to debate it end they Administration will find the money , and then that when they come back here -I resent having them come here to ask me for money. Mayor Ferre: Mr. Grassie, how much is involved for us to continue the payments that we made during the last fiscal year? Mr. Grassie: My recollection, Mr. Mayor, is -and this is strictly from memory- approximately $300,000. Maor Ferre: $o Lhe motion, Father, would be that that amount of money be earmarked from the General Fund of the City of Miami for that specific purpose. Mr. Plummer: Mr. Mayor, excuse -me, Father, it was my recollection ... why does the figure $1929000 stick'in my mind? Mayor Ferre: Because it was for half a year, it wasn't a full year. Mr. Plummer: Okay. �`� JUL 2419M El Mayor Ferre: All right, there is a motioi, oo the flo.,r >,i is there a second? Mr. Lacasa: Second. Mayor Ferre: Is there : urther i,cussioil the :aotion? Mr. Carollo: Yes, yr. Mayor. I'd likca to ..sk some c,uC•sLions ;.o ,:.,)tver wants to respond or to the representatives of y-ar group,..union. w"r.a~ s the average amount a year that members of yc:,r who have wo.Lt '. City in the average retirement char_ tit,t recaivt_ now, approxisate?- Mr. Glenn Howard: They average apnroximately...the average if t. tension I cannoL tell you. Mayor Ferre: With the pLruis::.c:: oc the Commission, Father Ci,: :,: -:.at leave in five minutes ana I w,.,uld pernissior for him to c.it- iiivad of time. Would the Clerk r ecoru ikis ,osit the v(-,te? All 2:r. Carollo: FL). irstan.•e, I kr.(w ciao Tony worked 35 ye:.:: tiny; approximately �525.00. a �7,onth. .lc;w many years did you worts :cc t _ .icy, sir? Mr. Howard: 1 wk r kc•c for erne k :: , :;orie :.i� --ears, but the ; e • . we :ire aosoiately lnteruS_ ,(. n LE c;,•_ _Lc ).� ,lie when we star-ee ..:,r a pension of so;..e $oj or ,iu d ::.:.::.il, ...dli L::e reople..tccay':; that is Li.,-_- reason that we asked that it be cut off at the first $300 or the pension. - Carollo: i understand that. 'iou worked some 31 years...are re,:eiving in pension? Mr. Howard: Approximately $800.00. Mr. Carollo: Well, thank you. Mir. Howard: But Chat is way above Elie avt•rigv. :tr. Carollo: I'm sure it is, sir, Tony worked 35 years and r.e i:. .Long $525.OU, I'm surf: yours is way above the average. Mr. Wilcox: Because of the generosity of this Commission ny p, has bone to $525.00 because I retired at three hundred -and I think- after 35 years. Mayor Ferre: Are there any questions? Mr. Carollo: Well, Mr. Mayor, I think that we have to tr,. _o best to try and help these people that -you knav- are really cne ;:ec, L helped to build Miami, and who have given so many years of service and dL'i;ati.n► to this City. What concerns me ij, though, where are we going tc. :i:,d the monies? In the Pension Plan? Mayor Ferre: The motion Father G:.bson said was from the General k'..:. Mr. Carollo: Well, I realize out our City Manager has aeon i..:orming us that we are some $7,000,00G i:: :e whole for our next budget. terribly concerned with the way Like Per.., _un 1.s going. These people have riJL been treated justly when Lhey have given so many years to the City of '-lir,r:i of dedi- cation and work...thi::. ki::u of ocnsion that these people are rece,vi::g after 35 years they have work•- for 552j.00, they can't live on that, Li:i., is why I scream when I see the iujusLicc like T've seen, when I see peep: Nave worked three years for the City of Miami, 3`i years, have lied in i_..e_: applica- tion and on top of ttkat the City Manager lets them be able to get , pension, and these are the proolc:ms that we gave to face and be strong en,-,.,,,. and have courage enough L:) L.kc c'u:c:; this is what is going Lo 1i..; ; the City of Miami and l e.,d u , in a very u,;..y p-L11. aayur Ferre: All right, further statements or discussions:' Wt� ^.rc ;Ming to VOL--' un this now. Is there fur:,ek sLa u•munts? Do you want tL ada something to this? You are not opposed to Lnis are you? Mr. Howard: Here is a man who has worked 30 years for the City any his Pension 16 $280.00. .51 on Jul- 2 4199Y Mayor Ferro: All right, call the roll at this time, please. The following motion was introduced by Commissioner Gibson, who moved its adoption. NOTION NO. 80-552 A MOTION AUTHORIZING P"'IfD DIRECTItiC THL CITY MANAGER TO EARMARK Fu-N�DS NO2 10 EXCEED $3C0,000 IN THE GENERAL FUZZ PORTION OF THE FY 60-81 BUDGET FOR THE PURPOSE OF CONTINUING THE FUNDING OF THE COST OF LIVING ADJUSTMENT PREVIOUSLY GRANTED TO RETIRED EMPLOYEES. 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: done. ABSENT: None. 10. DISCLSSIO:+ IT%4: WATcRFROh: BOARD ACTIVITIES. Mayor Ferre: We are now item I, is Mr. Sorg here? All right, Mr. Sorg. Mr. Stuart Sorg: My name is Stuart Sorg, I'm Chairman of the City of Miami Waterfront Board. Mayor Ferre, members of the City Commission, I wanted to bring you up to date on some issues that the Waterfront Board is dealing with and some changes that we have recommended under Res. 79-172. As you recall, the Waterfront Board was established under this Resolution but it is not definitive enough in order to give enough guidelines in the operation of the Waterfront Board. What I just placed on your hands are some suggested purposes for the Waterfront Board in order to make it more effective, more productive for the City. At the same time, if you'll look at item 3, on the second page, I'd like to just bring your attention a moment on the appointment of persons serving on the Waterfront Board. I think first of all w.i ought to give some consideration to the fact that the Waterfront Board meets twice a month, and often times we meet for four solid hours and we have a mini -hearing each time we meet. I think that persons coming on the Waterfront Board often times are not aware of that they have the feeling that we meet once a quarter and that certainly is not true. I think that what we have tried to do is to establish some Board member- ship guidelines so that when you do appoint other persons to serve on the Waterfront board you'll have something to go by and I don't...I think thajt recent pegkle coming in to the Waterfront Board have not really understood what the Board's funct' a is and what we've set out here is a procedure and policy recommendation which I would like very much -not at this particular meeting but at some time, to get some type of recommendation or endorsement from the Mayor and the City Commission. on it. This would be added to 79-172, resolution. I dont' want any action today, I just want to bring this to your attention. Mayor Ferre: I think these are very important recommendations that obviously I'm sure you do not expect thAs Commission to react to at time. Mr. Sorg: Exactly. . t • •. Mayor Ferre: I would like for the Manager to schedule this in the September meeting early in the day, so that we cau...I'd like the Administration's recommendation as to some of these suggestions and then schedule it for a •32 JUL 241980 r' r discussion and a resolution. Is that all right? Mr. Sorg: Thank you, sir. Mr. Grassie: Could we get a copy of it, Mr. Mayor? Mayor Ferre: Stuart, would you pass a copy? Yes, I think that there is some merit to some of these things. I would like to, personally, discuss these with you, too. Mr. Sorg: Yes,sir. Mayor Ferre: It's the first time I've seen these. Mr. Sorg: -Thank you, sir. Mayor Ferre: Has item L been withdrawn? I requested that it be withdrawn. That wasn't withdrawn, ah? Mr. Grassie: Not that I'm aware of. Mr. Plummer: Well, Mr. Mayor if you want it withdrawn just so make the request. Mayor Ferre: No, no, I don't think...I think that if it hasn't been withdrawn...I requested that it be withdrawn on the record, I'm surprised that that was not put on the record, I specifically asked you, Mr. Grassie, as I recall, -I may be wrong- and I discussed it with Clark Merrill and explained to him why I wanted it withdrawn. Mr. Carollo: Mr. Mayor, which are the items that we are going to be skipping in the agenda. Mayor Ferre: We are not going to skip any item on this agenda, that I know of, including this one. Mr. Carollo: Item J we are not going to go at it now? Mayor Ferre: We don't have a majority of the Commission here... Mr. Carollo: We have four members of the Commission, that's a majority. Mayor Ferre: The Chair rules that we will not vote on this until we have a full Commission. Mr. Carollo: I guess I interpret that the votes aren't here for the item, I understand Mr. Mayor. - Mayor Ferre: You can interpret it any way you want, Mr. Carollo, but that is what the Chair is ruling and the same thing is true of item K. Mr. Carollo: I understand, sir. Mayor Ferre: I'm sure you do.'' . JUL 241980 i IT DEFERRAL OF CONSIDZRATION OF 1. BRIEF DICUSSION: PROPUEED OXDIiiA.;CE FOR CABLE T. ;'. 1T.I.I. FRANCHISE XND RZGUi.ATIOn. Mayor Ferre: Now we are on item L. Mr. Plummer: Mr. Mayor, I want to say just for the record that...it was my understanding this item was being withdrawn.... Mayor Ferre: I specifically requested it from Clark Merrill. Mr. Plummer: ...and I'm not prepared -since it was my understanding that it was being withdrawn- I am not prepared to speak to it today. And you all do what you want. Mr. Grdscie: Why don't we simplify this by withdrawing the item, Mr. Mayor. Clark Merrill is not here in any event. AT THIS POINT THIS ITEM WAS DEFERRED. Mayor Ferre: All riahc, we are now on item M. Mr. Carollo: If I may state something, Mr. Mayor. Mayor Ferre: Yes, sure Mr. Carollo, you may. Mr. Carollo: if I recall correctly, back when Mr. Merrill came before the Commission and he requested that we hire this $50,000 consultant for cable television and a majority of this Commission voted against this proposal, this Commission requested of Mr. Grassie why we couldn't go into an ordinance why couldn'z the Ci%y cf Miami draft up an ordinance for this? If I recall correctly Mr. Grassie responded that if this was what we wanted, we could do it overnight. Well, I believed him, I ju_ don't know why it's taking several months since then to finally get the City of Miami to draft a cable television ordinance. Mr. Plummer: Mr. Mayor, if I may. Excuse me, Mr. Carollo. It was my under- standing that this Commission indicated to the Administration many, many months ago that people would cot be standing in the back of the room when there were seats available. I'm thinking that we ought to reiterate that policy because I tnink it would blend itself into common courtesy, which has not been the prevailing mood today. Mayor Ferre: And furthermore, in places like -I see a colleague from Miami Beach is here- they keep two policemen in the back and there isn't one soul that speaks in the back of that room. Now, I don't see why the City of Miami Beach can do what evidently we cannot do. Mr. Grassie_*. We have a ;.31iceman right back there, Mr.Mayor. Mayor Ferre: Weil, I still hear the noise. You know, we need to address ourselves to that, Mr. Manager. Okay, let's Froc:eea t-,ow. Item L has been withdrawn by the Administration. Is there anything else? Mr. Carollo: Well, I still did not receive an answer. .► Mayor Ferre: All right, Mr. !Gtassie, there is a question that has been asked of you. Would you respond to it, please? Mr. Grassie: I did respond before, Mr. Mayor, what I indicated was that this did not have priority so that we would get it any sooner than this. Mr. Carollo: In other words, Mr. Grasie, even thou;,'': La.:k then, when you insisted that we hire a consultant for $50,0 0 ana your masoning was that the City of Miami was losing money by not giving a frRnchise out. Now, you reverse your statement you are saying it did not have a priority. Mr. Grassie: I don't reverse anything, Commissioner, what I said to you was that in relationship that this City has to do this was less important. Mr. Carollo: You are God, Mr. Grassie, whatever you say, sir. Mayor Ferre: Further discussion. 12. TELECO',0fGNIICATIWS TRADE FAIR - "COM: U.-tICACIO:IES :.XPO al". ;layor Ferre: Let's take up item N. Mr. Grassie, the Chair recagnizes you. Mr. Fosmoen: Mr. Mayor, the Commissioner asked that this item be put back on on this agenda at the last minute. Mayor Ferre: Mr. Lacasa, this is your item, item N. Mr. Lacasa: The basic question here and the reason why I've brought this item to the Commission's attention is because of the discrepancy or mis- understandings that nave existed in reiation to this particular Fair between the organizers of the Trade Fair of the Americas, a City -sponsored project - and the organizers or this particular new Fair, so in order to establish a procedure whereby there are no conflicting interests and therefore the major project of the City which is the Trade Fair of the Americas not be jeopardized I have requested for this item to be included so I would like to hear from the Administration and to hear from Mr. Ley, from the Trade Fair of the Americas or whoever wants to represent the other party. Mayor Ferre: All right, go ahead. Mr. Fosmoen: Mr. Mayor, we've been meeting for several weeks with repre- sentatives from Lat-Com, the organizers of the Telecommunications Fair and representatives of Evelio Ley 6 Associates. I think there were several concerns that Mr. Ley and our staff began to recognize, if you will, after this Commission lent not only it's name to the sponsorship of the Telecommunica- tions Fair but also some fu-ding. And that is that because of the differences in time between the two fairs, approximately 30 days, it was felt that there was going to be some confusion among the buyers coming from Latin America as to whether or not they were attending a City of Miami official Trade Fair of the Americas for purchase of computers and communications equipment, or whether they should be attending Lat-Com, which is a vertical telecommunications fair. The Bottom line, Mr. Mayor, is that we are recommending that we continue to support Lat-Com in its efforts to bring to Miami a major telecommunications fair but that we support that in financing with assistance to them in making contact. Mr. Ley has :-ndicated their willingness to assist them in making throughocc Latin Ameri but that we be very, very careful in how we advertise this fair as being a City -sponsored event, so there is no contusion among the buyers from Latin America as to which is the official City Fair. Mayor Ferre: Okay, so in other words, the way I understand it is this. One, this will not have the official sponsorship of the City of Miami, as an entity. Mr. Fosmoen: In their advertising and so forth, that's correct. Mayor Ferre: Two, the other portions of the Resolution continue, that is, the $20,000 for support, etc., -etc., provided however that it be coordinated through Evelio Ley b Associates. Is that correct? Mr. Fosmoen: That's correct.' Mayor Ferre: Now, is there a motion then to that effect? J U L A 4 1980 '55 11 Mr. Lacasa: Mr. Ley, does this recommendation by the staff solve this problem? Mr. Evelio Ley: Yes, it does. Mr. Lacasa: I move it. Mayor Ferre: Is there a second? Is there further discussion, call the roll. The following MoLion was introduced by Commissioner Lacasa, who moved its adoption. MOTION NO. 80-553 A MOTION ACCEPTING THE STAFF'S RECOMMENDATION FOR CONTINUED _ ECONOMIC ASSISTANCE TO THE TELECOMMUNICATIONS TRADE FAIR, "COMUNICACIONES EXPO 81" AT THE SAME LEVEL OF PREVIOUS FUNDING; RECOGNIZING HOWEVER THAT THE CITY OF MIAMI WILL NOT APPEAR AS AN OFFICIAL SPONSOR OF SUCH AN EVENT. Upon being seconded by Commissioner Gibson, 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. ABSENT: None. 13. POSITIOd OF THE CITY OF MIAMI REGARDING THE CIVIL DISTURB&iCES . Mayor Ferre: Go ahead. Mr. Lacasa: Me. YLyor, members of the Commission. In the past two and a half months, the City of Miami and the Dade County community have experienced a number of civil disturbances that have resulted in the loss of life, property, and has also resulted in jeopardizing the image of the City of Miami as a civilized and organized society. I believe that the local government cannot ignore this problem and in view of that I'm bringing this up for discussion and hopefully for a resolution from this City Commission. And first of all I would like to hear from the Chief of Police of the City of Miami, Chief Harms, in a presentation of what has happened and what does the Police feel should be done in order to insure that peace be kept in our community and that the life and property of *ne citizens of this area be protected and insured. Mr. :tanager, is the Chiei here? Mr. Grassie: Yes, I understand that he is in the building but I don't see his for the moment, he may be upstairs, Commissioner. Mr. Lacasa: All right, when the Chief comes I would like for him to comment on this situation. Two and a half months ago, we experienced our first riot or civil disturbance in over 12 years. The end result, 19 people died, those people were blacks, Latins, Anglos, men and women, even children. Business suffered, property was lost and-.& wide degree of apprehension evolved in the City of Miami. Our community reacted and the first signs of deep polarization ,56 JUL 24 IM f r in our community were in evidence. Many ill -informer; pt.ople went as far as indicting the whole Black community for what ha:, happened. Not taking into consideration the fact that it was the Blau cc,nmunity the first and primary victim of these civil disturbances that were taking place in their own neighbor- hoods. The doing of a minority were being construed as the doing of an ethnic group that, as I sai� before, was the primary victim of the situation. The City of Miami's image:, nationally ---,d internationally, suffered tremendously. The City of Miami economic development has been predicated for many years in the international trade and tourism and having Miami become a bridge towards the Americas and towards the rest Of the world, Miami enjoys a privileged geographical position being about in the middle -geographically speaking- of South America and the northern states. We have worked very hard, and this City especially, to develop the City of Miami in this 'fashion. One of the major projects of the City of Miami -the Trade Fair of the Americas- has ad- dressed that issue very successfully. However, all this, all the work that has been done for many years, all the hopes that this City ... 'that the citizens of this City had on the progress and tc,e further eccaomic development of our community, are being now jeopardized by what seers to be an underlying situa- tion that might repeat itself over, and over, and over again. Just to give you an example of what I am sayint„ I have compiled some clippings of papers in some Latin American countries. This that you see, here is the kind of press that the City of Miami has been getting all throughout this month. "Terror, in all of Miami".."..violent racial disturbances...", "15 die in the distur- bances.." and pinotographs showing the situation. This was and still is the front page in those countries that have been sending their tourists, sending their investments to the City of Miami. "Panic.." -front page of a Venezuelan raper in Caracas- ..."...Panic among the Venezuelans that have invested in. Miami" If we take into consideration the fact that in 1979 three billion dollars -"billion", not millions, -three thousand million dollars were invested by foreigners in this area for construction. You can imagine what this is doing to our area. "The car of President Carter attacked in Miami" -mother front page. "Over one ii,_ndred million dollars in losses"..."Ninetet•n deaths, three .iundrt;d and seventy one injured in violence in Miami"..And this, which is even worse than all tnat I leave said and presented to you before. Because of the connotation anu because of the indictment, the unfair indictment of an ethnic ,group:.."Blacks in rage assault jewelry shops, weapons shops and businesses in the Miami area." One of the best international magazines -Paris Hdtcn, which is read all over the world, forty million people read this magazine, has this type of article about Miami: "Le linch fatal" ...and they are calling this the lynching, this is going all around the world. Our own magazines in the U.S. The U.S. News & World Report, front page: "Rage in Miami,the burning behind" . Four weeks ago,representinb the City of Miami at the invitation of the Argentinian government, I had the opportunity to go to Buenos Aires. It was their celebration of their 400th Anniversary as a City. All of the Mayors of the major Latin American cities were there. The Queen of Spain, Queen Sofia, was the Guest of Honor. At a reception in the Spanish 'Embassy, when I was introduced to the queen of Spain, she set aside over 15 minutes of 'tier time to discuss one item with the person that had been introduced to her as the Vice Mayor of the City of Miami. And that item was the situation in Miami, the riots, the civil disturbances and how would this affect the security of Like tourists and the visitor6 to this City. The Queen of Spain had tremendous information and tremendous concerns about what was going on here. I have been provided with information by our Economic Development Department that says that they nave been notified that 10,000 cancellat.ions of tourists reservations from Spain alone have been registered after the riots. I have touched on this subject of the international problem that this presents to Miami because as I said before Miami's economic developircnt and present economic situation depends to a large extent on that tourism, on that international trade and on that foreign invest- ment. however the major problem is the essential problem, the basic responsi- bility of any municipal government in any organized society, and that is, the question of protect{un, life and property in their own community. One of the major responsibilities that this municipal government has is precisely that. The citizens in the City of Miami want peace, the Black community wants peace. The Angles and the Latins want peace alike. We want to have our streets safe, we want to have our lives protected, we want to have our property protected. In order to have that, a clear understanding of the position of the governmental authorities has to be had, and every Department involved has to understand what that position is. in order to do that, we have to take into consideration the underlying reasons for these'prbb!ems. We have to be sensitive and we have to be responsive to those underlying reasons. There is no question that tradition- ally, the Black community has been discriminated against in many aspects of social and economic life. It is incumbent upon all governments involved to be sensitive to that reality, to put their efforts and resources together so every ti� J U L 2 41984 segment of this community, every individual and every group has the same opportunity to share in the commonwealth and that .a also an essential responsibility of any government and, of course, of the government of the City of Miami, that sees itself ruling over what is a tri-ethnic community. Notwithstanding that, there is no reason for using any kind of social and economic imbalance as an excuse to put in jeopardy life and property of citizens and violate the laws under which all of us should live. I will call now on Chief Harms to give us a brief report of what has happened, what he feels might happen in the future if we don't act and what does the. Chief feel that we could do in order to help keep the peace in this com- munity. Chief. Chief Kenneth Harms: Members of the Commission, I think that if I could take just a moment or two and bring you up to date in terms of what occurred a couple of weeks back, more particularly starting with the date of July 15, a Tuesday, we can perhaps put that in some sort of relationship with what occurred a couple of months prior to that. _ I think as most of you are aware, certain disturbances broke out in certain segments of our community on Tuesday, July 15. While these disturbances were primarily confined to that area of responsibility that falls within the jurisdiction of the Public Safety Department, we were concerned that there might be some spill -over into the City of Miami, and in that regard, we pre- pared for it. I would hasten to add after that comment, however, that the citizens of the City of Miami acted with a considerable amount of restraint and with a maturity that I think is befitting given the current emotionalism that this community has gone through. As a result, we had very few acts of violence or very few other issues to address from a Police prospective. What we in fact ended up with -and let me share with you a few figures and statistics if I may. We had at the most eight injuries within the City of Miami, and some of those are questionable as to whether or not they would have occurred had the disturbanze not been going on. Mr. Lacasa: You are addressing the last week's occurrences, right? Chief Harms: That's correct. Mr. Lacasa: But I would like for you, Chief, to address the whole picture, including what happened in the first situation. Chief Harms: i'li get back to that, if I may, in just a moment. In the County, during that same time they were talking about Tuesday the 15th of July through Sunday, the 20th of July, we had a total of eight injuries and the County had forty one. Now, they don't have any figures in the property losses but our property loss was considerably less and was centered around primarily what business that was burned during that period of time. Now, comparing_ that with what happened during May, the number of deaths in the City and the County, -and this is in the May disturbances- was a total of 19, and serious injuries 66 within the City, and a total report of injuries within the County at something in excess cf 300. The approximately cost of ,property damage within the City was estimated at $21,v30,000, and within the County in excess of $100,000,000. Now, bringing that and putting it into perspective with what occurred recently, I think the problems that we experienced within the City of Miami were minimal by comparison to what was occurring within the County. I'm not sure that I can speak to the future, I wish I could, it's my hope that the mature people within our community recognize that there is a better way than taking to the streets and throwing rocks and bombs, and starting fires, and generally creating disruption within our community. I'm in hopes that we will be able to move through this summer with a minimal amount of confusion and a mini- mal amount of criminality. I would certainly be pleased to respond to any specific questions you b:.ve. I think that our ability to perform as a Police Agency is contingent upon a number of issues which certainly includes the good will of the community and the kind of job that we are doing within that com- munity. The City Commission has addressed several weeks back the need for ad- ditional police officers and we are rapidly moving in that direction. I think that with the additional resources, and the support of the community, that that will go a long way to making this a better environment -talking about the entire South Flroida community- in which to live, and work, and play. Mr. Lacasa: Thank you, Chief. �I would like to underline the question that I was addressing before, to ask our Director of the Trade Fair of the Americas, Mr. Ley, 1s he here? For those who are not familiar with... the City of Miami is now sponsoring a project that is now in its Third Year that has established an ongoing Fair that attracts to the City of Miami investors, commerce, trade, from Latin America and from the northern States of the United States. Mr. Lay ,.59 J U L 2 419M 3 V- is in charge of the organization of that Fair and in tnat caracity he travels continuously to Latin America in the process of organizing the Fair and is therefore in touch not only with government officials but also With the different business people that contribute to this community's economy. Could you, Mr. Ley, give us a very brief summary of your perception...of th- perception that the City of Miami has now in view of the recent occurcenc:es in Latin America. Mr. Ley: Commissioners, in our recent Vistts around Latin America visiting and promoting the Trade Fair last week when we were invited as a guest of the government of Argentina, wa also met with the members of the National Export Directors and there wos deep concern about w;;at is eoino r,„ in v a^ they constantly question about what was happening. We reiterated Altt 4nm#s is safe, that what happened could have happened in any other place and certainly they are insisting in requiring; more information. What I have been suggesting and I think this is also an idea that the City Manager has been trying to think about some kind of ewtF,nRive information and urnmotinn at the nvogent tir:e about Miami is safe, that what happened. could have happened in any other place, but certainly they are insisting and requiring some more information. I have suggested extensivo promotion and information at the present time about Miami is safe. Miami is moving, Miami is alive, that nothing serious will continue to happen Mr. Lacasa: To what extent do you feel that that perception nationally and internationally will improve if the local governmental authorities make state- ments to that effect and gives clear directions to the Police Department to the effect, and takes appropriate measures in relation to some of the underlying reasons for the problems that we have experienced. To what extent do you feel that that perception will improve if the local government were to take that type of action. Mr. Ley: Commission, the exact extent I cannot give you specific figures but definitely I will tell you that the Latin American countries have been asking for that and have been asking the question -what is going to be done and what the local government... what are the authorities of the City Police and the County planning to do to try to have everything under the proper control. Mr. Lacasa: ThanK you, fir. Ley. This is not, .A, I said before, the major issue, this is just one more aspect of the problem that we experience. The major issue is the nand of our citizens, of those who live in this community, of those who look upon the local government authorities to protect their lives, to protect their property,to insure the peace for the leadership that we are responsible to supply, that is the major issue. The credibility of the authorities are at stake. And it is in view of that, that Mr. Mayor, members of the Commission I would like to introduce in the form of a motion, the following: "WHEREAS, the City Commission is extremely concerned with the recent developments in the community that have caused the loss of life and property and hurt the image and reputation of the City; and being sensitive to the plight and frustrations of the Black community in its need to attain full ocial, economic and political equality; ant; 'WHEREAS, the Black community has vividly and legitimately raised questions concerning the orderly administration of criminal justice in Dade County; and 'WHEREAS, these questions are presently being addressed at all levels of government; and '4A'HEREA5, it is necessary that this Commission make public its intent chat the life and property of all the citizens of the City of Miami be protected; and 'WHEREAS, the City Commission has full confidence in the Police Chief and the Miami Police Department but there seems to be confusion between the reality of their mandate and the perceptions of that reality, and therefore, it is es::ential for the. City's public image, locally, nationally, and internationally, that the City Commission taake a public statement: and, 'WHEREAS, there is no place -in a civilized society for rioting or any other kind of civil disturbance that endangers the lives or properties of the citizens, actionsil , of this kind cannot be tolerated; 'THEREFORE, the City Commission must give a clear direction to the Miami Police Department to uphold the peace of this City and protect the lives ,59 ,J U L 2 41980 'and property of the citizens, so that the streets shall be safe for all and to enforce the law, so that the previously stated principles will be adhered to. 'THAT all municipalities in Dade County, in conjunction with the State Attorney's Office and the Judiciary are hereby urged to join in the City of Miami's effort to bring about peace and security to the com- munity by enforcement of the law. 'THE CITY OF MIA141 hereby commits all of its resources to help the Black community achieve full social, economic and political equality." In making this motion I believe that I am also expressing the views of the most respectable members of the Black community's leadership. The Miami Times in an editorial which I would like to introduce into the record, entitles its editorial: "No Excuse for Protecting the Criminal", and the Miami Times which is the leader newspaper in the Black community calls for this type of leadership from the local authorities and from governmental agen- cies in order to protect their own citizens because there is no difference between the lives of a Black and a white, and there is no difference between the peace that the Black neighborhoods need and the peace that the rest of the community needs, and because to try to portray this situation as the doings of only the members of a particular ethnic group is totally and completely unfair, and polarizing, and destructive in this community. In another head- line we have: Miami Black Leaders Call for an End to Racial Violence." All this has only one answer: a firm message from the local governmental authori- ties that the:,e governmental entities are not only concerned, but willing co ta::e a stance to put a stop to all this by implementing the laws that we already have in the books. I so move. Rev. Gibson: I want to second this motion and when we get to the point of discussion, I want to give my opinion. Mayor Ferre: All right, we accept your second and recognize you to make your statement. Rev. Gibson: I hope by now most people know where I stand. And also know that I don't intend and never have tolerated lawless action on the part of White, Blacks, Latins, Haitians or anybody else. I want this crystal clear to all, I want to rehearse a couple of things in my past which I think will help you to understand me. I went to a college that was church oriented and owned and the President of the College t.L�sght Philosophy the first semester to the senior class and the second semester ethics. He was way ahead of his day. Just recently professors understand that they can't operate in a vacuum, that they need to be where the students are. He was way ahead of his day. And listen to what he taught us,he said:'if you don't like a law, don't violate work and char.,e it.' At the same college I had a roommate from the Virgin Islands, for three years he Sias my roommate and he taught me this, which I'll never forget, I'm 65 so you know he didn't teach it to me yesterday. If I've been a pastor of the church for 35 years you ought to have an idea how long ago it was. He said:'A law that works for you will work against you.' I hope my White brothers to understand that, I want my Latin brother to unaerstand that, and I want my Black brother to understand that. I usually say to ?eople because there are some Blacks in the community that said'to me ... or asked my assistant..."So when is Gibson going to speak up?" I said, my actions speak so loud you can't hear what I say. When the riots were on I was willing to risk my life. I said, that's when I spoke up. But I thought I would not lose the opportunity tr,:::,y to let everybody know where I stand. Notice you haven't seen or read of me in the paper, you have not looked at me on televi- sion, you have not heard me on radio. You need to know that national and local media have been behind me, and : refused. Not because I didn't want to speak but because I thought at that point in time restraint was necessary and I wanted to act mine out by telling people you don't do what you do. I need to say to you that two Saturdays ago I was at a breakfast, a ministerial breakfast. There was a man that's speaking and raising hell talking about discos in the parks. When he got through -he was the speaker of the day- when he was through, I said I wanted to speak, nobody else wanted to speak, and I made a statement like this +I do.not represent Metropolitan Dade County, I do not represent the Florida State Legislature, I do not represent Opa-Locka, Homestead, nor Florida City, nqr do I represent North Bay Village. I named those different entities because in each group that I had mentioned you have a Black elected official. I said I'm speaking about and for the City of Miami. ,,sp J U L 41950 We have laws against the discos in the parkb and we into -a to enforce them. If you violate them be well assured -you can tali I'm _: miuisc�-r, and I say that at the marriage ceremony- we will put y,,jr su and so in jail. I said, that means everybody. l need to tell you whit Mr. Ley didn't say and what Mr. Lacasa didn't say. T was in Central America when all of the carrying on took place when the President wal in town. I want you to know that the first thing that came on television was ,.he *yews about Miami, all you could hear on the radio was the news about Miami. The headlines in the papers dealt with Miami. I was especially h,irt when I asw on television and read in the newspapers, and listened in the radio, about what happened to the President. When I came back 1 said these words, I don't give a damn about Jimmy Carter, but I give more than a damn about the President of the United States. Jimmy Carter is not important to me, the President of the United States is. If you let people do this to the President, it's only a matter of time before they do it to you. I said that then, I say that now, I know it doesn't sit too well with my brothers, but if I didn't say it I would not be true to Theodore Gibson. I've been through dark days in this community, for those of you who may not know it, I happen to be a native, unlike Mr. Lacasa. I was born and bred on 12th and 2nd Ave., N.W. I saw this community change. I led this community in this change. There is man sitting there right now, stand up, Mr. Walker. That man was one of the most prestigious businesses when we fought like hell to change this community and I thank God for it. He was one of the few men who had the courage and the stamina to stand up and say- 'change ought to take place.' And he helped us to bring about the change. If we could have accomplished what we did in those days, witnout burning down the City and destroying or taking lives, I think whatever the wrong is now and there are many of them- we could bring about that change now. This is for those who are not here. I only want to urge my brothers to understand that we live in a law abiding society. That my mother taught me that people don't like unruly people, people began to love people who know how to behave. One final cormient. Some years ago, Mr. Grassie, before you came, Rose Gordon and I were in the bond Market selling..trying to sell the bonds of the City of X— ami. I learned a great lesson from that visit, -you cannot sell bonds, you cannot sell interest in a community where you don't have relative peace and tranquility and I would have you to know that money isn't all, money isn't all, but you have to have it in order to operate and to live on. I would hope that those of us who uphold or style Black leaders for the sake of the Black community, will do what W. F. Bald, who was the pastor of Greater Bethel A. M. E. Church years ago, admonished us in the ministry group to do. He said: 'The leadership today stands where the followship must stand tomorrow.' Note, leadership means you are in front, you are at the head, so if you are in front and at the head you beckon to those behind you to come up higher. We cannot be the leaders of this community if we are doing to be the followers. Leader- ship requires that you be in front and you stand today where followship must stand tomorrow. I hope that's not only true for Blacks, I hope my Latin brothers understand that. I hope my White brothers understand that, that as the Black in this community are crying out for justice ,nd for a piece of the action that you don't do what I said earlier to the Edison -Little River group. That you go home, sleep, do like my wife did, tuck away... and then have me come up and say -Is it nothing to you all ye that passed by. This community must, has to be shared with all of the people, not some of the people. I'm grateful for this opportunity to express myself openly and publicly, and if anybody doesn't understand what I have said, I ask you to take time out talk with me, I'll be glad to explain, but when we are through I think you will agree that you and I don't differ. Thank you very much. Mayor Ferre: All. right, are there further statements on the motion? Mr. Carnl.lo: Yes, Mr. N:yor. I think that the vast maioritv of our citizabs are extremely aware of the consequences that the past riots have caused and brought to the community, not only locally and nationally but in foreign countries. Vice Mayor Lacasa, the Resolution that you've presented here, I think it's fine, I'm in favor of it, but what I see is that this Resolution is more lip service, I see that it's nat strong enough. We want to give the Police Department a clear direction on what's due. Well I don't see that in this Resolution. I don't want to fall into the same old pattern again that people in the places that make the decisions -public officials, politicians, as some C-il it- come before the public, tell the Police yes, we'll back you all the way to enforce the law, boom.. -we didn't tell you to do that. Well, you find the cop and he's the one that's being prosecuted instead of the bad guy. You see it's the cops that are being accused of this instead of the bad guy. I think if we really want to make an impact instead of just giving lip �S1 JUL 2 41980 service, then we, number one, we ought to make it perfectly clear in the form of a resolution, if I may it can be added to this resolution, that number one, we are not going to back up the Police Department 50%, 98%, but 100% of the time. And number two, thar the guide that are Police Department should use to enforce the law is before anything else the State statutes. That should be their guide, whether we like it or don't like whatever action they make, the State statutes should be the guide that our Police Officers should use when they have a quest:e�n or what they should act or not act upon a situation. And I think that if cabs Commission does on record and could add that to this Reso- lution -that the State aratutes should be the first and final guide for our Police Department in knowing how to act upon a given situation, that that would definitely, definitely have a major impact in the laws being enforced in the community and to help the morale of our Police Department. Secondly, I would like to bo into ar, area that has brought quite an alarm, not only to myself but to many members or the community. I've been reading and listening to the press about this now, I've received a memorandum just now confirming it. I see that the City of Miami is still pursuing the notion of having the City buying fire arms from individuals... citizens in our community. Well, this is fine and dandy. The City of Miami has 1.9 police officers for every 1,000 citizens while the average in a major city of a quarter of a million or more nationally is 3.5. In order words, according to the national average for major cities we have approximately half of the police officers which we should have for a city this size. It has been provc;n more than enough that we don't have the adequate police protection to safely secure our lives and property, and that ought to be -if it already isn't the main responsibility of anv Citv gov.:rnment t;:e �:rotection of the lives and properties in the community. Other- wise, there would be few reasons for us to exist as a governmental body. Now, we talk about getting bad national and foreign press on these problems here. I w. rtaily want to see some bad national and foreign press about the pro- bi.�ms in MiaL.i, Just keep trying to take the weapons from the law abiding citizens, and when the law abiding citizens in this community stand up, justified in ar. uproar, to defend their constitutional right to bear arms to really are going to see how the national and foreign press are going to play us up. This is a right that our forefathers gave us very wisely when they founded this very country of ours. That is the American way, the right of all law abiding citi- zens to bear arms an whey, we have a community that we cannot provide adequate protection to its citizens and on top we want to take the guns from the law abiding citizens so they cannot even protect themselves, my God, what are we coming to. What we should do is do every effort, putting every resource that we have in taking the guns -if I may use the word, Mr. Mayor- from the bums, whether they are white American bums, Latin American bums, or Black American bums that have illegal weapons, stolen weapons in their possession. Those are the people that we should be out there and taking the weapons from, not the law abiding citizens of our community. Thank you. Mayor Ferre: Well, I'm glad you are against bums and I'm sure that that is inclusive of all bums. Now, there is a motion and a second, is there further discussion in the motion. Call the roll, please. Mr. Carollo: Mr. Mayor, I've asxed that there be that addition to the motion, if I may ask Mr. Lacasa. Mayor Ferre: Mr. Commissioner, you have a perfect right to make an amended motion. You can make a motion to amend if you wish. Mr. Lacasa: What is the amendment? Mr. Carollo: There are two amendments, number one, that we include in the motion that we will giv- 100% backing to our Police Department in enforcing the law. Mayor Ferre: Jo you accept that? Mr. Lacasa: 1z's there, tor. Mayor. I have no problem with accepting that because it's there and it's very clear in the motion. Mr. Carollo: Number two, the d4 rection that they should follow, first of all and last of all, should be the State statutes. If there is any discrepancy from us or any one the State statutes of Florida should be the guidelines. Mr. Lacasa: Mr. Carollo, let de ekplain to you this, the laws are very clear on the books. In my motion, what I'm asking the Police Department to do, the governmental authorities to do, the State Attorney's Office and the Judiciary to do, is to enforce the laws,the laws that we have now. The City Commission �2 J Ul 2 41980 ll is not the State legislature. The City Commission is to implement and to cooperate in the implementation of the existing laws, what I am calling for is very simply to protect the lives and properties of the citizens of the City of Miami through the enforcement of the existing laws. If the State statutes that you are referring to are included, as I am sure they are, they are included in my motion, Mr. Carollo. So the Resolution is very clear, to protect the lives and properties of the citizens so that the streets shall be safe for all and to enforce the laws so that the previously stated principles are attained. Mayor Ferre: The Chair recognizes you to make an amendment motion, that is the legal way of proceeding at this point. Mr. Carollo: Thank you, Mr. Mayor. That, in other words, you don't have any problems with adding that wordage to the motion -that the State statutes shall be the first and final guideline. Mr. Lacasa: The existing laws, Mr. Carollo, the existing laws, I do not know.... Mr. Carollo: Wel_, if the existing laws are the State statutes, can we include that? Mayor Ferre: And the City's, and the City's laws. Mr. Lacasa: All of the laws, Mr. Carollo, all of the laws, from the Federal laws down all the way to the last municipal ordinance that is in the books to protect the citizens of any organized society. We have laws that come down from the Federal Legislature, from the Congress of the United States, through the State Legislature, down to the last ordinance in the City of Miami or in Dade County government, I want all of the laws. Mr. Carollo: Let me explain to you, Mr. Lacasa, what I'm trying to accomplish. What I'm trying to accomplish is for this Commission not to go on record tell- ing the cops on the beat, hey, we are behind you a hundred percent. And if he goes and enforces the law, boom, tie gets burned. This is why I'm trying to clarify this. Now, the State statutes, should be number one in line. We, the City government don't have to follow a hundred percent the State statutes and guidelines that were given to police officers, we could add extra restrictions on it. This is why I wanted to clarify this to the maximum that I can. That we use the State statutes as a guideline. If we are really trying to back the police officers one hundred percent then we shouldn't have any problems in going along with what the State statutes state clearly. Mr. Lacasa:I be]ieve,Mr. Carollo, here again, that the State statutes, as well as any other municipal ordinance whether from the City of Miami or from the Dade County government as well as any law enacted by the Congress of the U.S. are included in my motion. Every single law, or regulation or ordinance of any kind not limited to but including the State statutes are included in my motion. What I'm proposing is that the City Police be instructed to use all of the existing laws, implement them to protect the peace, and the lives and the property of our citizens. Maor Ferre: The Chair now rules that on three occasions in this discussion, Commissioner Carollo has made a statement and Commissioner Lacasa has made his statement. It is very clear the intent of the motion and this Resolution is as clear as It can be. I would like to, for the record, Mr. Knox, ask of you as City Attorney to clarify that under the laws of this country, perhaps I don't know whether Commissioner Carollo might want to hear this, the Federal law supersedeF State law wherever there is a conflict -Armando, I'm asking a legal question- Federal law supersedes State law wherever there is a question. State law supersedes local law wherever there is a conflict. Obviously, the City of Miami cannot, by ordinance or resolution, violate either the Consti- tution of the U.S., the Federal law or the State. Now, what we can do is we can supplement, we can expand on, we can increase..we cannot decrease. Is that correct? , Mr. Knox: That's correct, sir. The City of Miami does have the power to impose ordinances and impose laws which are more restrictive than any of the superior legal entities but cannot impose any laws that are less restrictive. :03 JUL 2 41980 - Mayor Ferre: So anything that would therefore say that only the State law would be adhered to, the lower law is also in effect, would either be re- dundant or would eliminate the impact of a stricter local law. Mr. Knox: That's correct, sir. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-554 A RESOLUTION URGING ALL MUNICIPALITIES IN DADE COUNTY, IN CONJUNCTION WITH THE STATE ATTORNEY'S OFFICE AND THE JUDICIARY, TO JOIN IN THE CITY OF MIAMI'S EFFORT TO BRING : ABOUT PEACE AND SECURITY IN THE COMMUNITY BY ENFORCEMENT OF THE LAW; FURTHER EXPRESSING THE COMMITMENT OF THE RESOURCES OF THE CITY OF MIAMI TO HELP THE BLACK COMMUNITY ACHIEVE FULL SOCIAL, ECONOMIC AND POLITICAL EQUALITY. (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 fcllowing 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. ABSENT: None. ON ROLL CALL: *Mr. Carollo: I guess I'll have to accept that watered down motion so that therefore I guess it's better than nothing at all, I vote yes. 13.A 84th A;i!�IVERSARY of the City of Miami SI14CE ITS INCEPTION AS A CORPORATION Mayor Ferre: We have Murray Meyerson, who has been waiting patiently for an hour and 15 minutes. He is our colleague from Miami Beach, the distinguished Mayor from Miami Beach. At this time, the Chair recognizes you, Mr. Mayor. We apologize for delayi.ag you this way, Murray, but I hope you understand that this was obviously a very hot issue that needed discussion. Mr. Murray Meyerson: Mr. Mayor, members of the Commission, thank you very much for recognizing me today. I bring you greetings from the City of Miami Beach, it's people and it's political representatives. We are aware of the fact that today is the 84th anniversary of the City of Miami's incorporation and so we appear here today, Mr. Nat Potamkin of the Visitors and Conventions Authority as well as myself to bring you greetings and a very Happy Brithday. And Mr. Mayor, and we are aware of the very proclamations that you issue to receivers but today you ought t receive.a proclamation from the people of Miami Beach on this very auspit ua occasion. And so, Mr. Mayor, the Procla- mation recognizes that the City of Miami is known throughout the world as the Magic City.A renowned City of international trade and tourism; and whereas the City of Miami has entered this decade of the 1980's as the new world center 44 JUL 241980 IV 1` and whereas the City of Miami and its leaders have distinguished themselves as a leading municipality in our dynamic county; and whereaa, the City of Miami has brought so much to the vital concerns of South Florida comounity in the form of outstanding architectural, cultural, economic and recreational accomplishments; and whereas, the City of Miami has grown since 1896, from a small pioneer community into a major City boasting a population international In nature of all the 350,000 citizens; and whereas, the C.ty of Miami is celebrating this, it's 84th anniversary of its incorporatlin with a community celebration today; now, therefore, we, the citizens of Mia:ai Beach, through the auspices of our good offices recognized of the City of Miami Beach this day as the City of Miami day in the City of Miami Beach, to call upon the citizens of Miami Beach and all of Dade County to join with us in celebrating this occasion. Mr. Mayor, we look forward to the challenge of the 80's with solidarity with your City. We expect some exciting times. ie will meet the challenges and we say to you, Mr. Mayor, and members of the Commission, and to all the City of Miami citizens that the future of our municipalities holds more in storage than the past. Thank you, Mr. Mayor, and coigratulations: Mayor Ferro: Thank you very much, Mayor Meyerson, and I want to tell you on behalf of my colleagues and everybody in the City that the City is indeed grateful. Would you come around and join us for a picture here. We've got some children from the playground and they are going to come up and bring the brithday cake. Perhaps we can have a little brithday celebration at this time. How about a little happy birthday song. Thank you very much. Rev. Gibson: Mr. Mayor, before the Mayor of Miami Beach leaves, let me pay an open compliment to the Mayor of Miami Beach. As you know, last...I under- stand this, the NAACP was in town. There was a lot of criticism about whether or not that Convention should have been held in the City of Miami or in Miami Beach. I joined the people who made the choice to go to Miami Beach and I want to say this for the benefit of my fellow Commissioners. Miami Beach en- tertained that Convention royally and I have never been to any convention, not even one in this City that the public officials were more hospitable, were more congenial. Sir, I want to thank you. 14. PROCLAMATIUS, PLAQUES, CERTIFICATES OF APPUCIATION. 1. Presentation of a PROCLAMATION to representatives of the U. S. CENSUS, designating the week of July 16 through July 23, 1980 as "Be Counted Week." It is emphasized that this will be the last opportunity for our citizens to register with the U. S. Census Bureau this decade. 2. Presentation of CERTIFICATES OF APPRECIATION to: Dr. Manuel A. de Varona La Junta Patriotic& Cuban& Mr. Herbert M. Levin Mr. Jorge Luis Hernandez Radio Station WQBA Dr. Luis Botifol in recognition of their outstanding efforts in securing contributions to purchase food, clothing and medical supplies for the Cubarsarriving from Mariel. 3. Presentation of CCtt�XNDATIO'TS to City of Miami Police Officers CLYDE RIr9:S and CHRIS RUSSO for their selfish, sensitive and heroic behavior under stressful conditions during the protest rally an May 17, 1980, at the Metro Justice Building. JUL 2419 4. Presentation of a CERTIFICATE OF APPUCIATION to MR. JOSEPH Q1mmOL0, for his efforts in bringing about the sale of Bonds in connection with the City of Miami James L. Knight Convention Center. S. Presentation of a CERTIFICATE OF APPRECIATION to MR. MIKE BYRN'ES, PRESI- DENT, COCON'JP GROVE JAYCEES, for their outstanding service to the City of Mish:i and Coconut Grove by planting coconut palms in Grove bayfront parks. e. Presentation of a MRM4DATION to MR. GENE MUT.LINS, a North Miami resident who, through an unselfish act of heroism without regard for his own safety was successful in saving the life of a woman whose, car went out of control, on July 13th, 1980, in the area of N. E. 183rd Street. 7. Presentation of a PROCIAAU►TION to MAJOR ROBERT ALSA and OFFICER SALLY HErmAN, proclaiming July 19, 1980 "Kids Alive Bicycle Safety Day". The goal of the City of Miami Police Department Comprehensive Crime Prevention Project Is to reduce the number of bicycle accidents by making cylists aware of safe cycling practices and by offerintt an educational program in this regard. 8. ' Presentation of a LETTER and the COAT OF ARMS of the town of Margate. rent County Great Britain, by the reigning MISS MARGATE, LEIGi HARDS, to the City of Miami. 9. TAURA FRIT•DIX0, a ten-year old visitor from Johannesburg, South Africa, will make a presentation from her city to Mayor Ferri mak=.ng hLd i;.;,,urary Mayor of Johannesburg. 10. Celebration of the CITY OF MIA+Ti'S EIGHTY-FOURTH BIR•MAY with a cake to be presented by children from the City of Miami playgrounds. 11. Presentation of a PROCU1NtATION by the CITY OF MI.%N1I BEACH'S �TAYOR %URRAY NEYEMN to the CITY OF MIAMI, celebrating our City's eighty-fourth birthday. or 15. DISCUSSION ITEM: FACADE RELOCATION "BUTLER BUILDING". ,•i - - -. _ _ . .. _ .•. •r• Wit' _+`".'?'.'�... . _ ... - - Y _ • �'� .� 16. AUTHORIZE RELOCATION OF THE HISTORIC BUTLER BUILDING TO FT. DALLAS PARK. (Continued discussion). Mayor Ferro: Pick up the Butler Building, Which is item P. Is there any controversy in that? Mr. Manager. item P which is items 36 and 37. Mr. Grassie: I don't believe so, sir. Mayor Ferro: Do you have any problems with that? (INAUDIBLE COMMENT OFF THE PUBLIC RECORD) You have a problem. (INAUDIBLE COMMENT) You may if you come up to the microphone and tell me ... to it in reference to item P? (INAUDIBLE COMMENT) Yes, ve are going to take that up, as soon as ve get Commissioner Lacasa in this. Mr. Plummer: I move 36. Mayor Ferro: Is there say problems with item 36? All right, there is a :�s JUL 241980 0 motion on item 36. Is there a second? Mr. Carollo: Second. Mayor Ferre: Is there any discussion on item 36? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-555 A RESOLUTION AUTHORIZING THE RELOCATION OF THE HISTORIC BUTLER BUILDING TO FT. DALLAS PARK WHERE ITS FACADE WILL BE RESTORED TO ITS ORIGINAL STATE AS CONSTRUCTED FOR HENRY M.FLAGLER ; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY CONTRACTS OR AGREEMENTS NECESSARY TO CARRY OUT THESE ACTIVITIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer - Commissioner Joe Carollo Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT:Vice Mayor Armando Lacasa 17. ACCLPT BID: CUYAHOGA WRECKING CORPORATIO14 (for BUTLER BUILDING -DEMOLITION AND RELOCATION). Mayor Ferre: Takep up item 37. Mr. Plummer: Move 37. Mayor Ferre: Plummer moves. Mr. Carollo: Second. :mayor Ferre: Call the roll on item 37. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-556 A RESOLUTION ACCEPTING THE BID OF CUYAHOGA WRECKING CORPORATION IN THE PROPOSED AMOUNT OF $31,000, BASE BID OF THE PROPOSAL, FOR BUTLER BUILDING -DEMOLITION AND RELOCATION; WITH MONIES THEREFOR ALLOCATED FROM THE "CITY OF MIAMI/UNIVERSITY OF MIAMI - JAMES L. KNIGHT INTERNATIONAL CENTER PARKING RAMP CAPITAL PROJECT FUND" IN THE AMOUNT OF $31,000 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,410 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $620 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, T;STING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE'AMOUNT OF $1,215 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file , t JUL 2 41980. in the office of the City Clerk). Upon being seconded by Commissioner Caroilo, the resolution was passed and adopted by the following vote: AYES: Commissioner j. L. Pluiamer, Jr. Commissioner Joe Carollo Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Armando Lacasa 18. REPORT ON STATUS OF BASEBALL CONTRACT AT XIAMI STADIUM. Mayor Ferre: We are now going to take up item Q, which is the baseball contract. Mr. Grassie, is there anybody here who is objecting to item Q? Mr. Crassi.e: There is n3 action on this, this is an information report for the City Commission. :layor Ferre: All right, do you want to say anything on it or not? Mr. Grassie: Vtry briefly, Mr. Mayor. What we need from the City Commission is concurrence that this question should come or, your agenda by the second meeting in September and we would like to recommend to the City Commission the acceptance in principle of the policy that we are following in this case in trying to establish a lease for the stadium, and that is that to the base- ball use we will get preferential treatment in a way because it is being operated currently ac a loss but that we anticipate on the other hand that that franchise will pay the basic cost in which the City incurs in operating the stadium for that particular purpose. So if that position is acceptable, we would hope to bring that agreement back to you in September. Mayor Ferre: All right, is there objections to the premises that have been made by the Manager, in other words, that whereas we realize tie ooerattan is running at a loss, they may not be able to pay as high as the Miami Dolphins, nevertheless they snould be spying substantially more than they are paying now. All right, then, as I sense..ao you want a motion to that effect, Mr. Manager? Mr. Grassie: If there is no disagreement and that is the consensus of the City Commission we will proceed on that basis. Mayor Ferre: All right. Well, we can't wait for Mr. Lacasa anymore so let's proceed. JUL 2 41980 • 0 19. DISCUSSIO:b I: }7: 9ISCAY'T ""r"AGF'+lr*!pG�rF"mr 20. AUTHORIZE AGREEMENT Mayor Ferre: Lets proceed on item number "J". Discussion on appraisal for Biscayne Management agreement. Mr. Manager. Mr. Grassie: I'm qoing to ask Dick ^osmoen to introduce the subject, Mr. Mayor. yr. Fosmoen: Mr. Mayor, this is another one of those items that's been going on for approximately three and one half years. The City Commission, in early 1977, directed the administration to prepare a set of bid specifications to put Dinner Key out for a long term lease with the purpose of redevelopment in mind. We received bids in the summer of 1977. They were reviewed, a recommendation was made by a committee appointed by this Commission. The recommendation was made to the Commission in early 1978, Biscayne Recreation Management Company was selected as the successful bidder and we were directed to negotiate a contract with them. Through those contract negotiations, the concept was changed from a long term lease agreement with Biscayne where they would be putting up the financing for reconstruction of Dinner, to a short term management agreement, where the City would be issuing revenue bonds for the reconstruction of Dinner Key and Biscayne Management Agreement would provide for day to day operation of the marina and also over site of the reconstruction as it progressed through what we expect to be at least a four year period. Biscayne Management is required to spend at least one hundred thousand dollars toward permitting and preliminary design work and they are also required to provide on site supervision of construction after bonds have been issued. During the time of negotiation of the contract and while it was being debated publicly, a City Charter amendment was passed which requires the City to obtain two independent appraisals to determine whether or not the City is getting a fair return on the lease or management agreement. Biscayne...we have, with this Commission's concurrence, selected Real Estate Research Associates to do one of those appraisals, and Peat Marwick and Associates to do another appraisal. Unfortunately, the controversy continues about the management agreement because Real Estate Research Associates have concluded that based on their review of the management agreement this is a fair return to the City. Peat Marwick, on the other hand, have concluded that Biscayne Recreation will be making too much, or potentially be making too much money as a result of the management agreement as compared to their investment. In the memorandum which we have provided you, dated July 17, I've indicated to you that as a result of Peat Marwick's review, we have agreed and negotiated, and Biscayne Management has agreed to basically three amendments to their contract. The first is, that the bottom line split on any profit re,,ulting from the operation of the marina would be limited to one hundred thousand dollars to Biscayne, and the City would receive the remainder of any bottom line profit. Secondly, Biscayne Recreation has agreed to pay the City three percent of gasoline or fuel sold on the premises. And finally, we have by a letter of understanding, adopted the National Park Services Concessionaire Evaluation Standards as the basis on which Biscayne's management on the marina will be judged semi-annually. I should point out also, that if there are violations of those standards or violations of the contract, then of course the management agreement is subject to cancellation. Let me take just a minute and demonstrate to you what the change in the management aqreement by capping Biscayne at one hundred thousand dollars will result in. If you look in Peat Marwick Mitchell's report, exhibit A-1, they have done a projection of what they call first case, which assumes that the rates would rise, the rates at Dinner Key for dockage, would ist G9 JUL 2 41980 6 f "1r. Fosmoen (continued): rise over the next five years to a point comprable to other rates charged a private marinas in this area, for example, Merrill Stevens. If you look down that column, which is on page two of "xi.i:;tt A-1, you will find totals to the City and totals to Biscavn e Recreation. Under contractual payments, the City would receive '.hree hundred and fifty-three thousand dollars. The way the contract was originally written, the City would have received three hundred and twenty-one thousand dollars on a fifty-fifty split on gross, or on net profit. With the rewrite of the contract, the City will now receive approximately, a little over five hundred thousand caollars in that line titled fifty-fifty split, plus one hundred and eleven thousand dollars from concessions. Biscayne on the other hand, would receive one hundred and sixty-nine thousand dollars for their management services. One nundred thousand dollars of the bottom line, Split, that's cap that goes on their bottom line split, and approximatley thirty-four thousand dollars on concession income. And that case assumes that the rates are going to rise rather rapidly over the next five years. Further back in Peat Marwick's report under exhibit "C", there is a projected cash flow based on a more gradual rise in the dock fees, the dockage rates. And as you can see, under that circumstance even at a fifty-fifty split, the bottom line profit, Biscayne Recreation would never begin to approach the one hundred thousand dollars that we've capped that bottom line split on. So based on that agreed to amendment, and based on approximately three years of negotiation with Biscayne, we are recommending that this contract be finally entered into between he City and Biscayne for their management services. There are representatives of Biscayne Management in the audience if the Commission has any questions. Mayor Ferre: All right, are the representatives of Biscayne Management that wish to be recognized at this time? All right, do you want to say anything? You are recognized, sir. rtr. Paul Walker: I'm Paul Walker from the Biscayne Recreation. I've been here before. We were able to get a copy of each of the two reports yesterday. The first research, MIA Appraisal Report, we read and very much interested and know that it is a good report, solid, sensible, and shows a reasonable return to the City. The other report which I do not believe is an MIA report is very strange report. Now who is Paul Walker to stand up here and criticize a report put together by Peat Marwick and Mitchell. This is like some little citizen taking on the :Jnited States Marines. r'd like to earl yours -attention to the fact that' in the second report, the Peat :Marwick and Mitchell report, which'is the only ore _'il discuss, there are two exhibits. The first exhibit A-1, is way out, "nreal, unbelievable. It shows that in five years there will be a one hundred and twenty Percent increase in the dock rates of the Dinner Key Marina and it goes on to tell the wonderful, great amount of money that Biscayne Recreation will make and the City will make substantially more. These figures have no basis for any common sense as far as I can see. There was another report made some time ago by the Hough Company, a year and a half or so ago, and that report is almost duplicated in this report and I think it's a realistic approach. It's exhibit "C". Exhibit "C" takes the rates reach of the docks from ten cents, presently, uo fifty-five and one half cents for the next Five years, or to an .- arage of fifteen point five cents. Now this report, sensible, showing reasonable growth of fifty-five percent in five years versus one hundred and twenty percent is not used in any of the projections or any of the facts or conclusions that Peat Marwick and Mitchell come to. They use an unrealistic increase in rents from ten cents to presently, at the end of five years, twenty-two cents. And of course, in any business if you can have a forty-five percent increase in the price of the merchandise you are selling, your profit is going to show a tremendous improvement. But the fact is, if you put those prices on your merchandise, you don't have any guarantee that you're going to sell it. Anyway,&the first exhibit, A-1, shows that the City in five years will make two million four hundred and sixty thousand dollars and the company in this same period, will make one million three hundred and eighty-six thousand dollars and one of these figures are :.'70 ist JUL 2 41980 0 • Mr. Walker (continued): reasonable because it puts too much of an increase and too much burden on the people and the docks. The other exhibit, and those are the figures that are used, incidently, in all of the conclusions. The other figures in exhibit "C" show that in five years with a fifty-five percent increase the City would get for the rates, the City would get a return of one million five hundred and ten thousand. And the company in this same five year period, would take in from fees, that's the one cent plus the one tenth of a percent, four hundred and twenty thousand dollars, plus ten thousand dollars of the fifty-fifty split and then because of the investments and things that we do in the concession area, we would have an income of fifty nine thousand dollars. So, the City, and you must remember this, during this five year period, there is going to be four and one half years of planning, permitting, and construction. So that how are you going to get a one hundred and twenty percent increase in rates while this is going on? So I believe, that the conclusions about all of the money that Biscayne Recreation is going to make are fictitious. The agreement we arrived at with the City, January of 1979, and we worked on it For about a year or two before that, and since then, is a management agreement and this is plain simple fact. We would manage for the City. The funds would be deposited at the end of ever day to a City account and on and on. No dock increases or nothing could be done without the approval of the City Manager. Now, what is a management agreement? I know of at least one hundred big properties, building8,complexes, in the City of Miami that are managed by professional management people. I know that One Biscayne Building is managed by a professional. I wonder how much Allen :Morris Company paid for their management contract? How much they invested in tht City. Or the Ameri-first Building. How much did Mike Berman invest in that building? We are investing in the City's rebuilding of the marina in turn, and I hope you'll try to follow my reasoning, we are judged on how much we are going to be paid in our investment and in no management contract that I know about anyplace in this country is an evaluation placed on the management contract by the amount of investment they make. Supposing our investment was half as much? Then this report would have come out with a much bigger percentage of increase. Management contracts are not based on investment. They are a fee paid to a management company. The average income we would get from our fee on this income using table "C" in this booklet would be eighty-four thousand dollars a year for the first five years. And I only did it for five years because there isn't any projections for what the rates would be six, seven, eight, nine and ten years down the road. And all of the figures that I have quoted and all of the facts come from this booklet. The report says that page iii of 111, 1 don't know what it is, during our study, and this is the Peat Marwick people talking, "during our study we contacted numerous municipalities, government agencies, marina industry publications, marina industry associations and so forth, in an effort to obtain copies of management agreements for the operation of public marinas by private enterprise. Although there are many examples of long term leases throughout the country, we were unable to obtain copies of management agreements for public marinas operated by private enterprise." We have known from the beginning, you people have known from the beginning that this is a new area,that a management agreement was unusual, that the usual way, and even in Dade County and Miami and the rest of Florida and California, United States, the ordinary way is by lease. I think your way is a better way. But we wall always step back and take or accept a lease at any point. So why are we judged in this Peat Marwick and Mitchell booklet, first on an unrealistic high rate being charged the tennants during four and one half years and maybe five years of construction. One hundred and twenty percent increase. Also, why are we accused of getting a fifty-nine percent return on our investment in a management contract, when nowhere, and I've read a lot of reports in my life, I have never heard of a management contract being evaluated by the investment made by the management company. So, this company has used an unusually high income projection, one hundred and twenty percent over five years.; They compare a management agreement to a loan... long term lease and't'.hey throw in return on investment. Now if ist 71 JUG 2 41.1.0'80 Mr. Walker (continues?): you would lice, I'm prepared to go right through the booklet, page one, two, three, because 1 think even though this is a highly regarded company, that they qot off on the wrong track. Mayor Ferre: WnIker, we may get back to you later on but I think at this time, it right be worth giving the opportunity to people who may want, and I'm sure them: a:., several here who will want to speak against this. Even *hough this is not a public hearing as such. In the eight year tradition, or six years, or five years, or however long we've been chasing after this thing, of letting everybody have their firal say, and their say over and over again. Perhaps, we would permit them to do the same thing. ;4r. 4ralker: I just couldn't believe the report and I wish I had gotten it before yesterday. .71IDENTIFA17D SPEAKER: (INAUDIBLE COMMENT) Mayor Ferre: Yes, sir. Your name and address for the record. M.r. 2obert Traugott: My name is Bob Traugott with Biscayne Recreation oevelci:^.ent. When the Peat Marwick and Mitchell report uses rates an' they assume that in five years the rates will be at "X" percent, 1 wa.lt you to know that the people that set the rates are this Commission. We don't scat the rates. This would be ridiculous for us to assume that that would occur that way. Mayor Ferre: :s it my understanding that you have amended your offer, and what you're saying is that you're willing to put a cap, and the cap is one hundred thousand dollars per year. .1r. Traugott: Well let me explain why we did that. The Peat Marwick a%d aitchell report assuries two things, or presumes two things. One, t at we are charlatans and fools; and two, the City is composed of idiots. In other words, what they are saying is, if we proposed a budget of five hundred thousand dollars, this year, and we saved the City two hundred thousand of which we would split one hundred thousand, that the City would permit us to put in an exaggerated budget again the next year. So I said merely to Mr. Fosmoen, lets not confuse the issue. If these people don't understand basic ecuaomics, lets put a cap on it so that they can't be confused. Mayor Ferre: All right, thank you. Now to the opponents. You are recognized, sir. I would hope that you would not abuse the right that I have giver you and not speak more than five minutes. Mr. Ernie Senatore: For the record, I'm Ernie Senatore. I'm President of Miami. Marinas Association. And as Mayor Ferre so astutely pointed out, we've been fighting this battle for a long time. I'd like to address just about two things. I would like to know, as Mr. Walker pointed out, that we did not receive the appraisal until the day before yesterday and we have asked for the appraisal on January 22nd, March loth, March 17th, July 9th. On each one of those occassions we have asked for a copy of the appraisal so that we both could evaluate the appraisal. I don't want to presume to say that the City was remiss in providing us the a;...raisal. Maybe because they were unhappy with the outcome of the Peat Marwick appraisal, whether they just didn't want to provide it to us at that point in time. We did receive it, we did look the appraisals over. Again, I think we need to understand the law... Mr. Fosmoen: Do you want a response to that first question? Mr. Senatore: Yes, sir. .F . Mr. Fosmoen: No, I'm asking the Chair. Wherever the Chair is. Mr. Plummer: The chair will say yes. ist .72 JUL 2 41980 Mr. Fosmoen: We received, on Friday even_inq, six conies of the Peat Marwick report. Those were distributed to the City Commission. On Monday morning, we comanunicated with Mr. Thomas, who is the attorney representing the tenants group and indicated to him that copies of the appraisal are were available in my office for their review. He sent his secretary over, we ran him a copy and he took those back to his office. Mr. Plummer: Mr. Fosmoen, may I ask why, according to the document from Peat Marwick and Mitchell, it is dated some eight weeks ago, or seven weeks ago. mr. Fosmoen: I have five, six copies in my office on Friday evening for distribution to the Commission. I don't know, I can't tell you why. :+lr. Plu.^r�er: I think the question needs answering, why -t is dated Y.ay the 30th and it was not delivered to you until July the 21st, some seven weeks later. And I'd like an answer to that. Mr. Fosmoen: Peat Marwick will have to respond to that. Mr. Plummer: Surely I hope you will irx,'Rlire of them and furnish the answer to us. Kr. Senatore: I believe, Commission, that Peat Marwick is here. The people who did their appraisals are here. One of the other things V d like to ask, and I think if we could get Mr. Knox's attention, I'd like to ask Mr. Knox, since the appraisal is unfavorable, in other words, it does not provide for a fair rat,: of return to the City, is the City in a position legally speaking to proceed with an unfavorable, independent appraisal? Mx. Knox: We can check the waterfront Charter amendment, if you like, but I believe -t's m- understanding o: the amendment that appraisals have to be obtained and the City Comr.:ission would decide whether or not to proceed with the award of a lease or agreement, based upon its examination and interpretation of the appraisals. The requirement is to obtain the appraisals, and the City Commission is not bound to act in one way or another as a result o what may be contained in them. Mr. Senatore: I don't presume to be hiS legal reVreSertatiV4e here, afld I don't presume to tell Mr. Knox's business, but as it reads in the resolution, it says, that the Charter amend.:ient says, "which would prevent public use of such waterfront property, or which would not result in a fair rate of return t:: tie City based on two independent appraisals. " I understand it means that they cannot proceed with the lease. Is that correct, Mr. Knox? Mr. Knox: No, that's not what I said. Mr. Senatore: Okay. Then I just must have misinterpreted that. Both the appraisals address an issue which is interesting. We're talking about an escalation of rates. Mr. Walker pointed out that his one hundred and twenty percent escalation over a five year period would ue unrealistic. A1th:+Lgh the City Commission in its actions, I think it's March 17th, I'm sorry, March 19th, stated for the record anyway, the amendment to set the rates, and I'll read the verbiage here for you; "the dockage rates shall not exceed those charged at other marinas of compatible quality, situated on public lands within a fifty mile radius of Dinner Key, or Dinner Key Marina Annex. However, the City Commission reserves the right to authorize the City Manaqer to establish dock rates in excess of those charged at compatible facilities. So I think that the Peat Marwick and Mitchell's appraisal of the fact that you might be able to set the rates at a higher level which would Uive you your one hundred and twenty percent, which would give the company its fifty-nine percent return, which is excessive in their opinion. I don't presume to be a CPA to read through the entire appraisal. I think that the fact and figures speak for themselves. They .'73 4t r Mr. Senatore (continued): felt, even after the adjustments and the addition of a cap , that in fact, there was an inequitable or disproportionate share to the management agreement. I want to thank you for your time, and I hope Mr. Knox will have an opportunity to read the resolution and maybe we can proceed from here. Thank you. Mayor Ferre: All right, are there any other members of the public who wish to make a statement? Briefly. All right, seeing none, do members of the Corcmissi.on have any questions at this time? As I recall the process on this, lets see if we can review this. The process in all this is th,-t we started because, Joe Carollo just asked me, since obviously he wasn't here five or six years ago and was not privy to what the process had been. The process was that we started back, how many years ago? Father Gibson: About four or five years. Mr. Fosmoen: January 77. Mayor Ferre: Well, we started before that. We started way back four or five years ago with the idea that we needed to improve the Dinner Key docks. Then after a long series of hearings, where we had all kinds of ... wL. had this place packed. People up there all over the place screaming and three or four aours of public hearings until two o'clock in the morrninq making :;tatements, some against, and some for, and everybody against most things and what have you. And after we went through that process, we had to go through it again, as I recall, because of the rates. And teat took all kinds of time and what have you. We finally decided to move forward. Well then the Miami Herald came out like a bQehive and it was Neighbors and pictures of Tom Dixon and Tom Dixon .-)ut there having dinner in his, with his little white table cloth and a prominent figure, and this what have you, he was opposed and all the people were opposed to this rip-off, that we were going to steal the people's property and we were ... out started coming the editorials in the Miami Herald and the Miami News, written in those days by Juanita green. That tells you how long ago it was, but by others. And on and on. And rip-off, and the City was taking away the publics right and doing this and that and what have you. Then they wanted to go to the public trust. We were going to create a trust that was going to do this. Well Rose Gordon took that up as a political banner and she just charged on. And we had a whole series of public hearings that took a year to get through. Finally we came out of that and no public trust. Then we decided to create a Waterfront Advisory Board which is what we have in effect now. we started the negotiations for a bid contract. The vote was three to two, as I recall. And that was at least three or four years ago. The original idea was that the succeszful bidder was going to go out, raise the funds and do this and we'd give them a long term contract. Because of all the hassle and the screaming and the editorials and this, we decided that perhaps we'd change. And what we would do is, we the City of Miami would build the marina and then permit the private sector to operate and manage the marina. Well, along came the next series of attacks. Well how do we know it's a good deal, how do we know this and that. What do we do about these long term leases? Another series of editorials. The City of Miami is at it again, giving away the property of the people of Miami to Monty Trainer and to Biscayne Recreation and to this group and that group and the other group, The City of Miami ought to be taken away eorever and the Mayor and all the Commissioners and both newspapers editorializing for people to run against us and what. We went through that in two separate elections. In the year 1977 and in the year 1979. Same theme, same story. But we all won, we beat them again, we're back to the drawing board but in the meantime, they've been wearing us down. A nick at a time and here we are five years, still no improvements. And even if we approve it today, it will be three or four years before we see anything out there in that marina. In the meantime, who suffers? The -people of Miami. Why? Because we ought to have ten thousand marina slips up in first class order. And right now, I don't think the City has oie thousand first class marina slips. Not one thousand. The boating capital of South Florida, the boating capital in the Southeast United States, and the public has absolutely nothing that we would submit to the world to look at as anything to copy. 14 JUL 24MY ist mayor Ferre (contina(.-d)Know of anybody coming from California to M:L"ni to f t-e ;)ar roar ;r, ,.. R , ;.,t of ,rple that go from Miami to Li,eir marin,_ ..,,w .et:; talk about California marinas. : d:n,'t f ee that the :,o; Ar.yelcs 'limes, or that the San Diego, which is a si ,t r newspaper to th-, ~d.ami Herald, and all these other Flitter-::.t: g:�t-.ti ttc:r : e iJs�a,x:i s are wrearung about the give-away in California. And city, after city, after city in California they are o"L tiure giving them long term leases. Thirty, forty, fifty years. Thos= peopl_ i:avc alrt,:,st nu restrictions. As a consequence of that, the private -,cLor is out there buiiding slips by the thousand, and this is (,ut in the _old Paci`i.. wnicn is no where near as attractive as our Atlantic Ocean. And still, no marinas in viami. And so, I think that we're fast about at the very, very end. We got through another process where: we passed another ::barter amendment that said that before we lease land we'ii do t}:is, and we'll get appraisals, and we'll do the other, and we nave t) q() tnrcugh tie Waterfront Cammittee and we have to do this. We've done all of that. Now what we nave before us is two reports. One of them says,this is Real Estate Research Corporation says it's a good deal. They say go ahead, you're doing a great thing, it makes a lot of sense, go to it. That's a good deal. This one. here says it's not a good deal. Now we've got to see why, and what are the premises. And basically, in my opinion, it comes down to two basic issues. One, that the amount of money that the manager makes is excessive. Well I think that's been adequately now addressed with this letter that says that they'll come down to a cap. That they will cap their profit. The second thing that it says is, well perhaps the control over the sub -leasing and the other standards are not up to what they ought to be. And as far as I'm concerned, I think that's a valid request and I think we have to come back with standards that are adequate and what have you. Mr. Fosmoen: We do, we have. Mayor Ferre: Well, maybe we need to make sure in the future that the standards are really specific rather than general in nature. Mr. Fosmoen: Mr. Mayor, may I respond to just that one issue? Mayor Ferre: Please. Mr. Fosmoen: I didn't send the Commission a copy of the National Park Services Concessionaire Standards because it's a document about two hundred pages thick. But it is very specific in terms of what is expected of a concessionaire -manager. Dock cleanliness, operation, services provi"Ied, how those will be judged. I'd be happy to show the Commission, or get for you a copy to distribute among you on the standards that have been incorporated into the lease. Mayor Ferre: Well, I'll tell you. My position is this, in answer to the Miami News editorial of yesterday, when the going gets tough, the tough get going. And the more insulting they become, and the more vicious they become, man, the more I go forward, and I go forward with a smile on my face. I am ready to go forward. Father Gibson: Mr. Mayor, I want to make this comment. Any of us may speak now? Mayor Ferre: Yes, sir. Father Gibson: This particular item pains me because I remember when the people on the dock came in here raising holy hell. And I had to put my life and reputation on the line, and I said to them, trust me, please. I'm from the Grove. I've been here all this time. I promise we're going to get this facility improved. And I tell you, these have been four hard years and I've made this comment. I don't understand how private enterprise deals with uo, the City government, with all of the delay, and the delay and the dg>'ay and the delay. I really don't understand it. Because if I ran the church like that, man we would go broke and have TTTWYAWO 6 0 Father Gibson (continued): to close up. we couldn't save any souls. And you know, souls saved are not like money making. And I just feel like you...I am entitled to at least some peace of mind, that I have delivered what I have premised. I remember those names that you called, !1r. %layor, about Dixc•n and those who came down here made as all get out. I remember th"t. Ana I think that if we could at any point in time today settle this matter, we ought to settle it. Because I want some peace of Rind. Only one other man whose ever come down to this Cosmission and po;nted his hand at me and said, Reverend, I trusted you and it was you that caused me to go and come back. What wa... Plummer, you told me the man. What was his name? Mr. Plummer: Which man, Father? Father Gibson: You know, the man who owns that building down there on Flagler and the County rents from his. Mr. Plumu:er: Oh, Revitz. Father Gibson: Yes. He's the only man who came in and shook his finger in my face. I don't want another one to do that. And I think that Vnat you r,ught to do is to do something about this thing, and take that threat from over my head and from out of my face. Now I just want to say that to the Coranission, felt that I had to say it because it is grossly unfair to me. I have not delivered. And in politics, contrary to what you see, you don't deliver, they find somebody who is going to deliver. And I don't plan for them to find nobody who is going to deliver. I'm going to deliver. I'm ready to move. Xr. Plummer: Mr. Mayor. Mayor Ferre: Go ahead. Mr. Plu.^uner: I tnink it's only fair, and I don't remember the exact terminology that Mr. Walker used, but it was less than favorable about the people of Peat Marwick, Mitchell who prepared this report. I, personally, would like to hear from the people who prepared this report to find out whether they are idiots, or they know anything about auditing. Mayor Ferre: He didn't call them idiots. Mr. Plummer: Not idiots. I don't remember what the terminology was. But it's much to say that they didn't know what they were talking about. Mlayor Ferre: Call them forward. Mr. Plummer: And I'm told that there are people from Peat Marwick and .Mitchell here. Mr. Fosmoen: There are representatives of Peat Marwick as well as Real Estate Research, sir. Mr. Plummer: Well, there were no unkind words said about the other ones. I'm sure that was by accident. Mr. Fosmoen: I just wdr.ted you to be aware in case you had questions on the positive report. Mr. Plummer: I understand, I understand, sir. Mayor Ferre: Go ahead. Mr. Gary Hayes: My name -is Gary Hayes and I'm with Peat Marwick and Mitchell. I'm Manager ie,the Management Consulting Department, and I don't think I'm an idiot. Mr. Plummer: Excuse me. Let me clarify the record. I don't think the word was used, idiot. That was my mistake and I apologize for it. ist 11 Al A A .,%f%A • Mr. Plummer (continued): Let me was, that the people who prepared what they were talking about. And making the statement. just spy, 1 think the terminology the rel:ort obviously didn't know for any slur, I stand corrected as Mr. Hayes: I have no prepared presentation to make. I think the key issue here is what would happen with the dockage rates and the reason we assume that tl,e rates would go up, is that presently the rates are substantially below Lne market. For example, if you look in Exhibit "D" in the report, you will see that Dinner Key Marina is appproximtely ten cents per foot per day right now, and the market rate is approximately twenty cents per foot per day. Mayor Ferre: Let me ask you a questiion with reference to that. I think where J. L. got confused with the word idiot is that Bob made a statement into the record, he said that this Peat Marwick report assumed either that the City of Miami Commission are a bunch of idiots or that we're a bunch of fools. And what lie meant by that I think was that since we set the rates, we the City Commission set the rates, then this report assumes that we're going to set the rates in such a way that these people make these tremendous profits. Now I would imagine that the City Commission, this one and future City Commissions, will have all kinds of pressure from these distinguished gentlemen that have been here for many, many years, and I'm sure that they will be here for many years to come, and when they go their replacements will be here just like they are here instead of Ike Iaconis. You remember him, Murray, don't you. And Tom Dixon and the others, et cetera, et cetera. Obviously we set the rates and if they make one hundred thousand dollars in one year and we think they should make fifty thousand dollars, we're going to lower the rates. It's just that simple. I mean, and the public pressure is going to be there to do that. You know that. Mr. Plummer: Mr. Mayor, I would always hope that you take me off the hook as you do other people. But you know, that's only one thing that was approached in this booklet. Whether or not it's of any value, there were three, four, five, six, seven, eight, nine, ten, eleven other items that were addressed in the thing. That was just one of them. And I would hope... Mayor Ferro: J. L., if you'd look at it, you'd see that some of them are repetitions of the same issue. For example, lets go one by one. Low return to the City in light of the City's investment and risk. We're the ones who decide what the return is. So that's an assumption that is dependent on what this Commission does or doesn't do. Mr. Plummer: Mr. Mayor, if I may. This company, and I'm not defending them because I've had problems with them before in other areas, so I find myself now on the other side of the fence. But Mr. Mayor, where I find a problem is that this company made a report based upon certain criteria that was given to them by our people. Subsequently to that, an immediate rush situation was put forth in this document here dated July 21, in which they were asked to comment on an entirely different set of figures. And then subsequent to that, another set of figures, and we were given last night after dark... Mayor Ferre: No, no. Mr. Plummer: ...Wait now, let me finish, please. Mayor Ferre: But that's not fair. You're saying something, that I'm sorry, just is not true. Mr. Plummer: Then Mr. Mayor, you correct me where I'm wrong. Mayor Ferre: I'm trying to dd it right now because look, if you will look at the memorandum that was also sent to you, it says, the corrections that are handed to you in this revised item "J", are typographical in nature, and do not change any substantive things. .77 JUL 2 41980 ist 0 • Mr. rlu.^ime_ : Mr. Mayor, are ycu looking dL t:.is piece of paper? Mayor Ferre: Yeah. 1'r, going to geL to that now. That was number one. :Number two, with regards to this-. piece cif tsuper, in answer to this criticism, theE.e have said, okay, gentlemen, we're willing to put a cap as to what profit_ we Lake. Plummer: ..o, thatwas th- second piece of paper. This is the first. Mayor Ferro: No, they said we'll cap it... bit. Plummer: That was last Licht. Mayor Ferrc: No, this was... whenever. And the City administration —on July Illst, Peat Marwick answers the thing of well we'll put a cap to it and what `_hey say is, well we still stand by our position. The cap r�all.y doesn't really do a heck of a lot. Now that's as I understand this. Now, ycu said there were eleven points. Let me show you how they are repetitive. The second point is, hign fee paid to the manager and -om-dany is relation :.c services to be provided and operating savings to be achieved. That relates to number one, the low return to the City, zhe high foe to the company. Same thing, it's the other half of the... the other Side of the coin. The high fee paid to the management company in rti�tion to she management companies investement. That relates to :.]Inber two so thi_, is all, you say there are three, it's really one criticism. Now we get into the agreement. The term is longer that what current industry trends would indicate could be achieved. Well that may or may not br a valid criticism. And that's something that I thinf; perhala ,holild be discusses. Management standards are not specified. well, as I understand, they are specified under standards that you are going to sulmit to the Commission. Compensation to the company is based on an unusual approach and is high. Well that's a repetition of two snd three. In consideration of the scope and services prov.idec, the operating savings achiived and the ... that's just a repetition the same thing that you said in two and three. The next one. Control over sub -letting is inadequate. That may be a valid criticism. I've heard that one before. The next one. The approach to project the project design is unusual and could be simplified. What they are saying is instead of twenty pages, it ought to be five pages. It's too complicated. The reason it's so complicated is because we've had all these public hearings where this thing goes over, and on, and on, an^ on, and on. The approach studied rates could lead to excessive management fees. Again, that's tied into two and three. We make that decision in this Commission. Now, we believe the agreement could be improved by the following: reduce the scope of management agreement 10 incorporate only those activities:,. Well that ties in to the stater:,.t, ip here that says that it's too complicated a deal. So that's not another criticism, it's a continuation of it. Revise the fee structure in accordance with the services provided and in relation to the industry trends. Again, that's a repetition of two and t'xee. And lastly, establish specific management standards and incorporate controls. In sum what I am saying is this, there are Three criticisms, not eleven. There are three criticisms. One, they think that the management contract is too complicated and should be changed. I think that's a matter of interpretation. Two, the fee is too high for the manager. Okay? That's a criticism. And the second ,me is, management sta— ards are not specific enough. Okay. Now I think that regsrdi::g the fee, as far as I'm concerned, once the cap is ,)ut in and because the City of Miami Commission has the right to make that decision, and in consideration of the appraisal made by ..tames F. White of Real. Estate Research, whatever their name is in San Francir;co, California, that have been called in specifically to look at this contract which I think, in all fairness, we should also put into the record. I don't have any problems with regards to the fee. The only place where I do have a problem is a question of standards and a question of the inadequate controls of sub -letting which again is part of the standards. And when you satisfy me with that portion of it, I don't have any problems. ist 78 JUL `y a 1n� A Mr. Plummer: Sir, you've heard the v-tyor C'.O 11 .,na1V$ib of your analysis. Do you agree with nis analysis:. he's, tree. Mr. Hayes: The result of otr revisi3ns t•. the sr!.r3u]�•s; t." analyze the impact of the onc• hundred thnd:.and dollar cap or. the operating surplus, showed that it was a L;t=p in the right direction. It was a good improvement. But it really did not change the fundamental conclusions of our report. Aid I quess cn that key issue, no, I don't agree, we don't agree with the .:ayor's analysis of our analysis. Mayor Ferr,3: Any further questions? All right, is tr,-- representative of RERc present? Mr. Fosmoen: Yes, he is, Mr. Mayor. Just to clarify a point, the report was done by the local office of Real Estate Resedreh. Mr. Wlilte nappenea to be in California at the time that he wai writing the report in final form. So that's the reason for the San Francisco on the letterhead. There is a local office. Mr. Plummer: Mr. Mayor, I'm sorry, Mr. ;tayor, VI like to ask the representative of Peat Marwick Mitchell. Your report is dated Nlay 30th. Can you indicate why this was not delivered to the City until the 21st of July? Mr. Hayes: Our report was finished pretty much on schedule in draft form. A draft report was submitted to Mr. F4s;oen. When he saw and read our conclusions, there were a series of meetings held to try and resolve that situation. Mr. Plummer: What do you mean resolve? Mr. Hayes: Well, the conclusions are essentially not favorable as far as the City signing the agreement and... Mayor Ferro: Well what's ... I don't see anything wrong with a discussion. Obviously the record stands clear. You certainly are going to put into the record what your original... Peat Marwick and Mitchell has the type of integrity, that I'm sure you would not be compromised. And if you altered your position, which you did not, I'm sure you would have revealed that you had altered and why you altered. So lets not cast aspersions of skullduggery when none is involved. Mr. Plummer: I'm not casting, I'm asking. I'm asking questions, that's all. Mr. Carollo: This reminds me of the Greek philosopher that was walking through the streets of Athens with a latern in his hand looking for one honest man and couldn't find him. I'm sure if this Greek philosopher was alive and walking through Dinner Key now a days, he would not only have a hard time finding honesty but he'd probably get mugged and someone would steal his lantern. Mr. Fosmoen: Mr. Mayor, just so we understand, just so... Mayor Ferre: Go ahead. Mr. Fosmoen: Just so we understand, Peat Marwick obviously did not compromise their original position nor were they ever asked to compromise their original position. We receive all kinds of draft reports. We sit down, we go through those so that we understand how conclusions were arrived at. The final report for public distribution was given to us on Friday evening and was distributed to the City Commission. It's that simple. Mr. Hayes: I might also point out, that the field work that went into our analysis was completed prior to the May 30th*date of the report. And as Dick said, we did not change,our position. Mayor Ferre: Okay. Now, will the next dppraiser, Mr. White? Would you tell somebody here, because we all know who Peat Marwick Mitchell is but 0 JUL 2 41980 ist r 6 0 Mayor Ferre (continued): who is Peal Estate: Research Corporation, headquartered in Chicago, Illinois, with offices in Atlanta, Dallas, Houston, Miami, San Diego, San Francisco, St. Paul, and Washington, D. C. Mr. James White: My .iames if Janes Wnite and I live in Southwest Miami. The headquarters for r'.--al Fstite Research Corporation's Appraisal sector is in Mia,-,i. Although we do appraise nation-wide. The headquarters of our parent company is Chicago. Mayor Ferre: Do you do this, is this a typical type of thing that your company does? Mr. White: That's right. We do real estate appraisals and my speciality is appraising intangibles. :.ayor Ferre: What? Mr. White: Intangibles. Mayor Ferre: Intangibles. And how many appraisals does your company do in " year? Ten, or hundred or one thousand or... Ma'. Approximately two thousand. Mayor Ferre: Two what? .r. White: Approximately two thousand. Mayor Ferre: Two thousand, I see. Okay. And your conclusion is that L:iis iz a fair deal to the City of Miami. +tr. White: That's right. It was not only fair it was better than any other municipal agreement that we had come across throughout the nation. The return to the City of Miami was much higher under all the circumstances we looked at, from low lates to ridiculously high rates. Mayor Ferre: All right, questions for Mr. White? Do you want to ask Mr. White a question just so that it's not said that where you don't go, we don't walk the last mile with you. Go ahead, into the record. Father Gibson: Plummer walks the last mile. Mr. Plummer: Excuse me, I don't walk the last mile, I wait for you at the end of 4.t. (LAUGHTER) Mayor Ferre: Go ahead. Mr. Senatore: We just, I had read over your report as best I could in the short time we had to read it over. I think, I just want to understand if your intent here was what is written. He says here, the management agreement also states whereas the City now desires to finance the reconstruction and development of the marina with monies from revenue bonds in order to keep interest cost of repayment to minimum, underlined,. in consideration of lower dockage rates for tenants, in order not to er::umber the said permise- with a long term contract, you state, so that lower dockage rates for tenants are an expressed desire in the agreement. Your further say on the next page, under market rent analysis, "that slip rental rates at other marinas are not considered since dockage rates are not subject to approval of the City Manager. This does not preclude the assessment of dockage rates at the market level. However, the appropriate rents to be used are those in which the" ... I'm sorry, "are those which have been establi.hed by the City. Furthermore, the City has stated in the management agreement that a consideration of this agreement is lower dockage rates for tenants." Now Mr. Mayor, and Mr. White, I'm kind of confused on this thing: One'issue is talking about a bond indenture and the other issue here is talking about lower rates. Are you presuming that the City will continue to have lower rates and that's how you .80 'JUL 2 41990 ist 0 yr. son�trre (cant, r .•'J, : 1-1., :r `air rot,' of return to the City? On the lower rate' yr, It. Ln the l: ei`,'sis. Actually, no matter w`lvtt :.Ile : t.y g. :trey ar•. still going to get a high return ,.: '� r t�,i a_ _t. t m:rut, t ron ,ny other agreement we could find in F 0t'47a os i forr. :ery much, Mr. whl:.e. Further mate'. ;1RRr ,.� thii.now �`•`".:U:60 I... 7hc+r,a_:: ery )rik. For 'he rccora, I'm John V-.omus. I'm an 'r tl,V r0c'1 , like to C l ari f y cn(! :�uN,, r .ri r. t tau or. of t.i,e :..,ar,i ;•;lrinas ',n i c; t',,ml.. y ,w i;;. wr. as C::ai ttz P.r..endment number one _ aJ)prcisal$... Mayor Ferre: .':, be :..,ode. Mr. Thomas: .,.which show a fair c.: the City, Is it the Commission's feeling that they have two independent appraisals snowing a fair return to the City, or that the City is going to make their own evaluations of these appraisals and decide whether it's a fair return? Mayor Ferre: You are the attorney, Mr. Thomas, but let me tell you what I know from the little that I know about the law. The City of Miami Commission is elected by the people of "Miami to vote on issues that affect the people of Iiami. I think it is a well established matter of law, that in a democracy like ours, an elected constitutional body cannot abrogate or abdicate its responsibility. Now, it can pass on its responsibility but it has to fully ass`.une the consequences. Now, the point simply being is that there is no law that I know of, where this City of Miami Commission could pass on to an appraiser, or to anybody that I know of, its rightfully constituted duty to make decisions that affect the property and the people of this community. Now since this is a property of the people of Miami., and since we are the elected legislative body that makes the laws, it is our right to make those determinations. And therefore, not beirnq a constitution lawyer, I can tell you nevertheless, that I am quite certain that no court of the land would enforce any law that would take away from this Commission the right to make a final decision on value of a piece of property. Now Mr. City Attorney, correct me if I made a wrong legal interpretation. ,-lr. Knox: I'd just like to add, again for the record, that it appears to us that the Charter amendment requires that appraisals be taken and that there is no mandate that the City Commission be compelled to make a decision based upon the results of those appraisals either favorably or unfavorably. And that the appraisals are used to fora an intelligent basis upon which the City Commission can exercise this absolute right to legislate. Mayor Ferre: That's obvious. Thank you. I want to just for the record, one more time, to make absolutely certain, we have two appraisals here, Mt Thomas. O* of them is favorable, one of them is unfavorable. The premise for which the unfavorable criticism is made, in this vote, is not acceptable. Because it is based on the false assumption that this, or future Commissions will not set the rates, or will set the rates at such a point that they will continually be exhorbitant. And since this Commission has the legislative authority to set the rate, if the profit being made is excessive, and stop me if I'm wrong, Mr. Fosmoen, all we need to do ij lower the rates. (INAUDIBLE. COMMENT FROM THE AUDIENCE) Mayor Ferre: Yeah. No, notito my satisfaction but we're going to get into that. Mr, Sorg. Hurry up because we're... ist 81 JUL 2 41984 Mr. Stewart Sorg: Stewart Sorg, Chairman of the City of Miami Waterfront Board and also President of the Chamber of Commerce of _ Coconut Grove. Last year, the Waterfront Board had this issue before it nearly half of the year. We found it to be both sound and reasonable. At the same time, Mr. Mayor, you may remember, I flew to California to investigate other marina opportunities and how they were put together. In that situation, the Commission's took the initiative and where there was a need for the benefit of the public, acted for the benefit of the public. Mayor Ferre: All right, I think, my only questions that I have pending, are the questions, Mr. Fosmoen, of the control of sub -leasing and the question of standards. Would you address yourself to that? Mr. Fosmoen: Okay. Let me address the one on sub -letting and I asked - Mr. Hayes to remind me what his concern was. Their concern was the way, the concession section is structured, it may be desireable for the Manager to form shell corporations and have shell corporations runs the concessions in order to achieve a lower percentage return to the City. I believe, if we'll ask Mr. Knox, he can review the section on conflict of interest, and I've discussed this previously with George, he will indicate that the conflict of interest section precludes them from forming those shell corporations. On the second issue... Mayor Ferre: Okay, I understand the issue. Mr. Fosmoen: On standards, I've indicated before, that I will go up to my office if you wish, and get the standards from the National Park service and circulate them to the City Commission at this time. Mayor Ferre: Are they part of this contract? Mr. Fosmoen: They are part by a side letter of agreement which is in your packet. Mr. Walker has agreed that those will be the standards by which their management of the facility is judged. Mayor Ferre: To Peat Marwick and Mitchell then, have you looked at the National Park Service Standards? Mr. Hayes: We supplied the National Park Service Standards to Mr. Fosmoen. Mayor Ferre: Are they acceptable to you? Mr. Hayes: They're certainly, they're a good step in the right direction. Mayor Ferre: If they are incorporated into the contract, doe that then eliminate the problem of standards? Mr. Hayes: It does from our standpoint. I can't speak for yourself. Mayor Ferre: All right, thank you. So that clears up standards, as far. as I'm concerned. It also clears up the question of sub -leasing because of the shell corporations cannot be made because that would be • a subtrefuge and a conflict of interest. Is that correct, Mr. Knox? Mr. Knox;. -Yes, sir. Based upon our analysis of that provision, that theory would not be realized. Mayor Ferre: All right, what's the will of this Commission or are there further questions or statements? Mr. Carollo: Well, I'd just like to add that even though I know that J. L.'s comments aren't appreciated some times by some people, there are some of us that appreciate his comments sometimes. Especially his questioning o! Mr. Fosmosn,'11t's you know, surprising sometimes what you can see when you open closed doors. I'm glad J. L. opened that one up there. JUL 2 4 1980 Lot Mr. Fosmoen: I don't ankic-, Mr. Pluru;:er. Al 1.1(3:At, any , Char state,^c,nts, comments, questions? Is there a m<)tion? Yr. Lnc3:;11: ,tr ,y..r, rt, `_`.rai. tJlc• City '-!anarjl'r be authorized to execute an {c.,Qv.er:t iJetween Biscayne Recreation Development Company and the City ,` :;i.uni 'cr tint, mans ,e:;(,r.t cf the inner KeyM rin `�y tie coa.pany r-o,nplQx, to �rr,,rat ins, m r. ,,•nts ,is admitted an a a�reecl to subject ' o ti,.. _ur;,is .,rd ce„dtions contained therein. � r - e c::,_,t .:*, we a,-`.ouri A) . All right, is there a Father ;ibr:,,;; Seccnd. Mayor "t-rip: ;: eze's a motion and a s_;:ond. Further discussion? Mr. Carollo: T'd just like t,., ask one real brief-uestion... Mayor Ferre: Okay. 'dr. Carollo: ...Mr. Traugott. ter. Traugott: I have an ear infection, so speak a little louder. Mr. Carollo: Mr. Traugott, you don't mind if I call Bob? Mr. Traugott: Not at all. Mr. Carollo: I .see that everybody &.s on a first name basis, I don't want to feel left out. You can call me Joe. Mr. Traugott: I've been here long enough to be called Bob. Mr. Carollo: There is one question, a real brief question for you. What percentage of profit do youforesee, at this point in time, that you will make in your first several years? Mr. Traugott: In the first couple of years, while we're under construction, we'd make no profits. We are only paid a fee of one cent a foot per day. All the profits that are emanated under the contract, does go to the building fund. We have, we figure that there is no percentage of profit according to investment, because that is not applicable to a management company. We will have an investment probably in excess of two hundred thousand dollars. This is highly unusual. Mr. Carollo: So you're going to have an investment of two hundred thousand dollars in the first year, for the first five years in the contract. Mr. Traugott: Right. Mr. Carollo: What return are you expecting to get at this point in time? I know that could differ. Mr. Traugott: We expect for the first year, to make around fifty six thousand dollars in fees. The second year probably somewhat simlar. And as the numbor of slips are increased, and constructed, our fees will increase. It will be difficult to tell you exactly because we don't know what concessions will come from this and we don't know what these concessions will generate, but we suppose about ten thousand dollars a year in concession fees. Mr. Carollo: So in other words, from what you're telling me here, you are envisioning that the first few years you're actually going to be losing money. ! i Mr. Traugott: We won't. No, we cannot lose money. .83 JUL 2 41980 ist �1 0 Mayor Ferre: They're managers. Mr. Traugott: We're managers, and we're being paid a fee so it is impossible for'us to ever lose money. It, I might make something, I want to tell you that our first proposal was to put out the five million dollars ourselves and pay the City a percentage, and we were perfectly willing to do this. And one of the things that might be interesting about this fee, Mr. Mayor, we projected fees clear up until the twentieth year which did not get above twenty-two cents a foot. Peat Marwick and Mitchell is projecting twenty cents a foot after five years, and we were doing this on our own money. Mayor Ferre: All right. Further questions? Bob, and I'm going to continue calling you Bob even though there is some aspersions as to calling people by their first names. My friend Joe calls you Bob and he's known you for a year. I remember you when Bob High was Mayor. And I think you've known most of the members of this Commission for twenty years, when Mr. Carollo was in either Chicago, or Cuba, I don't know, twenty years ago. Do you think there's anything wrong in... Mr. Carollo: Yeah, Mr. Mayor, but I'm here now, that's what counts. Mayor Ferre: Is there any impropriety do you feel? That anybody here would call you Bob? Mr. Traugott: No, the only thing that I object to, once in a while they call me Bob Traurig. (LAUGHTER) Mayor Ferro: We make all kinds of little mistakes. Okay. There's a motion and a second. Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-557 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN BISCAYNE RECREATION DEVELOPMENT COMPANY AND THE CITY OF MIAMI FOR THE MANAGEMENT OF THE DINNER XEY MARINA COMPLEX INCORPORATING AMENDMENTS AS SUBMITTED AND AGREED TO BY THE COMPANY SUBJECT TO THE TERMS CONTAINED IN THE ATTACHED AGREEMENT AND SCHEDULE (Here follows body of resolution, omitted here and on file in the Office of the City Clark). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferro NOES: *Commissioner J. L. Plummer, Jr. *Commissioner Joe Carollo ON THE ROLL CALL: *Mr. Carollo: Before I vote, I'd just like to say, you know, logic tells me that if something is so good for someone, you don't have to beat someone over the head to give it to them. And I've seen that this has been going on for three years, maybe going past four, and if this is such a good, just deal for the City of Miami, I just don't understand why, regardless of some of .the excuses that I've heard here so far, this has gone on year after yell for the last three, four years. if actually the contract is not so great to the parties involved, I'm just surprised that they had the patience to hang around three or four years JUL 2 410 Is I :1r. carcllo (c^ntinued) : w111,1.,;q ju>t t-) get some small fees for making such large investments. So tl..:rct;re, you know, I guess you can say, you know, I'm just ar. (. JA:rour.r ry r. �y a,_a tnerefore, I vote no, being an old coar.try boy th... .: ,'t unders:l;,d a lot of these complex contracts. Mayor Ferre: I assume that's a no vote. :1r. pluxcter: i,dn't hear the vote. mr. Cncla. He voted nc. Mr. Carollo: voted ,,o. ':ayor FQrr,�: .and by the way, 1 agree wicn the last part of your statement. (LAUGHTER.) Mr. Carollo: Certainly. *Mr. Plummer: I'm not goinq to c,o into a great four years of rehetoric. I just feel that this speaks in defiance of the recer.t .barter amendments. This Commission operates on a theory of a one -one, or a two -two vote constitutes a denial. I think that is what has happend :Here in the two reports. One speaks for one speaks against. It's a stand-off for a denial. The second point is I have made contention, I think that the City is entitled to a better return that what is proposed in this contract here, and because of that, I would vote no. *Mayor Ferre: There are two ways to always look at any issue. One is to say that the bottle is half empty, and the other is to say that the bottle is half full. This is a community that is very very hard to move forward on anything. Because we somehow seem to have a plague. Maybe God when he created us decided that he would give us a little punishment or make us try harder. And so, he gave us, in some cases, mental attitudes of being against things. We're always against. This is a community that has a tradition of being against this, against that, against everything. There are very few things that we are not against. We were against the Port. The Miami Herald editorialized against the Port. Horrible thing. We seem to be against everything. We're against th expressways, we're against Rapid Transit. It just passed by, it just barely passsed. We're against Dinner Key, we're against the Police building, we're against all kinds of things. We always seem to be against everything. I'll tell you, I don't consider myself an old man, I don't consider myself a young man. I'm in the middle, I'm forty-five years old and in my life, I've had the opportunity to sit, when I was a young man, and talk to people who govern. I met and had the privilege of t.,.lking to General Batista, to President Trujillo in the Dominican Republic. Several Presidents, the governor or Puerto Rico, the governor of many states. As a child, one of my young memories was Feorello La Guardia in New York City. I was four years old. I have sat with Mayor Daly and visited with him. I've seen government in many places. Kevin White is a good friend of mine, in Boston. I've been involved, I've seen a lot of cities, a lot of governments, a lot of people. I can safely say, that in my short life, I have never seen a harder place to get anything constructive done than Miami. It is absolutely the most unbelieveably difficult place to do, ' to be constructive be-ause there are so many people that are so ready to tear down, to criticize, to be against. And yet, despite all of that, I still choose to look at the bottle as half full, and I vote yes. Mr. Plummer: Mr. Mayor, I guess if I had the opportunity in my lifetime to adopt the same philosophy that you have, I would have done likewise. But I never took the opportunity to speak to just dictators of daiti, Dominican Republic, and Chicago. I use the democratic process. Mayor Ferre: Valid criticism.l ist JUL 2 41W 4 Mr. Carollo: I guess the only thing I can say, Mr. Mayor, is that some of us have been not fortuants have come from a prestigious _ Puerto Rican family such as yours. Mayor Ferree Well that's certainly not my problem. 0 0 JUL 24 AM, �i Ll 21. DISCUSSION ITEM: Ai,:16IS1C1ON Or NEW MARQL;i:E AND DIRECTORY S16N FOR COCONUT GROVE EXHIBITION CENTER. Mayor Ferre: Take up item T. Mr. Grassie: It will be presented by Bob ,Jennings, Mr. Mayor. Mayor Ferre: Go ahead. Mr. Robert Jennings: Mr. .Mayor, members of the Commission, for the record my name is Bob Jennings, I'm the Director of Stadiums dnd Marinas for the City, also with responsibility for the Auditoriums. You have an item on your agenda marked item T, a memorandum that explains the essence of my discussion item for presentation.... Mayor Ferre: Bob, excuse me, I have a note here that Mr. Charles Cash has requested that item 8 be withdrawn. Does anybody have any objections to that? Does anybody have any objections that item a, which is a personal appearance for the President of the Overtown Economic Development Corporation regarding the status of the proposed Overtown Job Program? All right, then that item has been withdrawn and it won't be discussed tonight. THEREUPON, THE CITY COMMISSION PROCEEDED TO DIFER PRESENTATION BY ISAMU NOGUCHI ON THE REDEVELOPMENT OF BAYFRONT PARK. Mayor Ferre: All right, go aheao. Mr. Jennings: Mr. Mayor, as you know, we recently renovated the Coconut Grove Exhibition Center and since then we, the City Administration, have been ex- ploring the possibility of obtaining a new marquee which would be appropriate to the improvements which we've made to the auditorium. We've also been look- ing at this in the sense that we'd like to obtain the marquee without any cost to the City of Miami and also we'd like to design it in such a fashion that it would serve the both -Coconut Grove Exhibiton Center and City Hall. We solicited proposals in that regard and we only received one proposal that I would call truly responsive to our specifications and today, just as a discussion item we would like to merely show you this proposal and get your authority to pro- ceed to acquire this new scoreboard. Mayor Ferre: Now, is this going to be put out for bids, Bob? Mr. Jennings: No, sir, Mr. Mayor, we've already been out for bids. We have with us today Mr. Joseph Moore, who is Division Sales Manager for the American sign and Indicator Company who are the ones who submitted the responsive.,... Mayor Ferre: Who is out a week and a half? I guess that's my question, who is going to pay for it? Mr. .Jennings: We are rtut sure yet, sir, after we get your approval we'll proceed to obtain the advertising. Mayor Ferre: All right. Mr. Jennings: Don't be concerned about the scale you see, because the company advises me that it can be scaled down to half-size, half of the size that it -is now. We are working now td obtain information as to what would be a proper scale for a sign in that particular location and so forth. Mr. Plummer: What's the proposed cost? ko f JUL 2 41980 U 0 Mr. Jennings: The proposed cost of the Board is $135,800 to a hundred and sixty three... dollars. We propose to pay for the... there will be no front money provided by the City of Miami. We will go to a.... Mayor Ferro: Mr. Jennings, I'm going to tell you something, on the record, I wouldn't accept that sign if you gave it to me, okay? I'll tell you, I don't want it, that's just one voice out of 5 here. Because there is some- thing called graphics, you know? and it's been around now for fifty years and there are people who set standards on that and there are competitions all over the world, in London in Paris and in Rome and in New York. And that would get out of a hundred, that will be ninety nine. Mr. Jennings: Mr. Mayor, that's why we are here, to discuss this, to get your views. Mayor Ferro: You get yourself some guy who is a hot shot graphic designer that knows something about the concept. of graphics. Of course we want it ,for free. But I sure as heck don't want something that's as badly designed as that, wth:all due respects to the.... Mr. Plummer: I make a motion that we sent this back to the drawing board. Mayor Ferro: J. L., I think we ought to accept the concept but not the design. Mr. Plummer: What do you mean the concept? Mayor Ferre: The concept is that we are going to get it for free, like the Coca- Cola Company, or Royal Trust or somebody who is going to come up and put up their sign. In other words, let's accept the concept but tell them to go back to the drawing boards and come up with a decent looking sign. Mr. Plummer: I make a motion to send it back to the drawing board. Mayor Ferre: Under what premise? I mean, do you want to leave the concept for a vote later on or.? It's unfair to ask them to go and spend any more money if we are not going to accept it. Mr. Jennings: We've spent no money, Mr. Mayor? Essentially,... Mayor Ferre: But they are spending money, and I think the point of it, J.L., is let's not make these people go back and spend more money in getting some good graphics if when they come back we'll say -well, we decided that we are going to put up a little small sign and do without all that money. In other words, the concept is simple, do we want for the private sector to pay for the sign. Ob- viously, if they don't want to do it we can put an ad on it, and get them to put up a decent sign for us. How much would something like that cost if we did it? Mr. Plummer: $130,000. Mr. Jennings: $135,000. Mayor Ferre: ...Or do you want to spend our money and not have anybody's sign on it. That's the concept. Mr. Jennings: This is not just for the sign, now, Mr. Mayor, it's important you understand that it is an electronically controlled sign that can be remotely... the signs are changed remotely, it includes the equipment and everything.. Mayor Ferre: I understand. But that's why I'm saying for the three of us that are here to make a decision on the concept along with the design. If you don't want the concept, fine, that's that. We'll put up our own sign. Mr. Jennings: That's the sort of thing we would appreciate. Mr. Plummer: Mr. Mayor, you. know,.I'm not running my private business, I'm running City business. My philosophy has been the same. I am opposed to people advertising on City property. I'm opposed to it in the golf courses, I have opposed it all the way along.: And Philosophy?, I am opposed to suchg •C0 JUL 2 4 IWO I would rather go out with a simple sign which aco ;.l:.;e5 what needs to be for a price that the City can afford. So that's ay `Iilosophy. Mayor Ferre: So, in other words, you don't have three votes on this Commis- sion for us to go out and do this. So, I think what Piurwmer is saying is let's get a smaller sign -if I read yot. rich.- Vhat do you think would be reasonable for us to spend so we give. tiion, a .... fifty thousand? Eighty thousand? Mr. Plummer: I would have to depend on..Mr. Grassie would know better what we can do. `1:. Grassie:heil,we have initially set aside $30,000 to provide a sign of our own. Of course, it would be much smaller, less elaborate than this. Mr. Plummer: Mr. Grassie, you know, I don't think we need here remote, electronic ball of wax, I really don't. You know, i keep thinking back that for years I've trying to get a little sign to hang down at Bayfront Park -for the Charter Boat people who starve to death and you know, they just want a little $30.00 sign ... Yes, I know Cesar, we are going to get it eventually, but by that time we'll be out of fish. You know, I would rather stay within our limits of what we can afford and do it in house and then we don't have any commercialism or favor any one over the other. That's z:y ?t�rsjnal cpinicr. Now, if you ask me in my private business, that's a different story. Of course, I don't find too many people that want to join in a venture with funeral homes but.... Mr.Jennings: Well, we can provide some alternative designs and costs and then come back with it some other time. Thank you. 22. PROPOSED CITY-WIDE ARTS COUNCIL - DISCUSSIOA AND • DEFERRAL. Mayor Ferre: Pick up item 6, which Mr. Sorg requested. Go ahead Mr. Sorg. Mr. Stuart Sorg: Stuart Sorg, President of the Coconut Grove Chamber of Commerce. I'd like to present you a Coconut Grove Arts Council, an inde- pendent organization which will bring principally the performing arts to the City of Miami on a regular basis. We have had meetings with about 18 dif- ferent people. We find that through incorporation we can provide separate funding. We are interested also in having this project take care of the Artist - in -Residence Program which we mentioned to you last February. The City had mentioned they would provide one of the barracks buildings for us and the A.I.A., under Charles Pawley, is going to put a very fine art library in this building. So this is the beginning of an art program which I think will be of enormous value to the City. We've talked to Ken Triester about having open air concerts in the top of Mayfair II, which will be sort of an amalgamation of various types of art. We may have a philharmonic, a jazz band plus a Dixie Land show up there, all together at one time, to make tt fun and excirTag, to bring people from all over. And, Mr. Grassie, the Artist - in -Residence Program would be funded from this because we'll start writing for grants and so forth. I'd like to, Mayor Ferre, introduce Dr. Susan Riley who is the curator of Vizcaya who with Sol Rosenberg will be the co-chairman for putting this program together. Ms. Susan Riley: Thank you, my name is Susan Riley, I live in Edgewater Drive with Vizcaya and the Coconut Grove Chamber of Commerce. Mayor Ferre and members of the City Commission, because a disproportionate number of cultural groups are residents of Coconut Grove, the Coconut Grove Chamber of Commerce considers that a unique opportunity exiWts to foster, advance, promote, develop and coordinate their efforts for the benefit of the City of Miami and its peo- ple by establishing the Coconut Grove Arts Council Inc., a non-profit corpora- tion, every effort will be made to bring together in close cooperation all QQ JUL 241980 L cultural and artistic groups so as to provide a year-round such as recitals, concerts, exhibits, festivals and performances of professio:ial quality and cultural worth for the enrichment of the entire co=uni:y. :'he Chamber ap- preciates the encouragement it has received from t:. :.ayoL "au L.:« Commis- sioners and will continue to look gratefully to the City Commission for its continued support and cooperation. Thank you. Mayor Ferre: Thank you very much Dr. Riley. Mr. Sorg: We are not here asking for funds, Mr. Mayor, we are only here asking for approval because this will be the City Program for the benefit of all of the City's organizations. Mayor Ferre: For what purpose do you rise, Madam? Mr. Plummer: Dempsey Barron has returned again. Ms. Joanne Holtzhauser: Oh, nonsense, J.L., please. I am Joanne Holtzhauser, I live at at 4230 Ingraham Highway in Coconut Grove, and I'm here representing the Coconut Grove Association. If I may pass these out to you, gentlemen. Mayor Ferre: Are you in favor or against? Ms. Holtzhauser: Those are the minutes of the February 28th meeting. Mr. Carollo: Excuse me, can us people who haven't been in Miami the last 20 years get a copy of that too, please? Ms. Holtzhauser: I gave you one. Mr. Carollo: Oh, sorry. :Mayor Ferre: That's all right, that's all right, we all have slips. Ms. Holtzhauser: Even though you are a little bit younger than I am, I would not leave you out. On February 28th, Mr. Sorg asked for a personal apperance and he did appear and gave a large number of things which he called the Coconut Grove Master Plan. At that time, Tucker Gibbs appeared for the Civil Club and commented on it and a number of us, I think, were named -I think you will see it in the verbatim- as people who just might be considered in things that were going on in Coconut Grove. I don't know who Mr. Sorg has been consulting with but he has not been consulting with us. He has failed -I have three telephone lines, two of them have an answering machine on them and I have a secretary part time, she is very efficient. If Mr. Sorg has tried to contact me on this I don't know about it. I was invited to one meeting several weeks ago for their Arts Council I could not attend because of a prior engagement and said so. I think that the Coconut Grove Association has for -coming on to 18 years now done a pretty good job in Coconut Grove in doing some very nice cultural things and I think that PACE has done an outstanding job all over Dade County in doing a number of these things for about 5 years. And I really wonder if we need another council. I also object on behalf of the association to using the name 'Coconut Grove Arts Council'. Believe me, I get enough calls from enough organizations now and I think it would be nice if the Chamber of Commerce feels that they need something other than what they have. They have a fine Arts Com- mittee and I think it's just great but I don't really think that this is' quite what you all intended in the verbatim's that I just gave you. I think that Mayor Ferro's comments were actually the ones but.I don't recall any of you all not concurring with his comments. But these are the kinds of things in Coconut grove, historically, Mr. Carollo, that require a lot of people to get together and sort o:. fight it out. And I think it's lovely that he has Mr. Triester and some other people, but I really think there's some of us in Coconut Grove, including some of the black groups who would like to be able to sit down and talk over anything in Coconut Grove before you all are asked to endorse a plan, even if it's not going to cost you money. Because I really objec to this strongly. I would like for us to have some chance to participate in any plans for a fine arts group. Mayor Ferre: Stewart, in the interest of harmony and time, and all that, would it do you a great deal of harm if -we waited until September to ... I'm for it. I've go no problems. But.I•.think that Joanne has a proper thought, that sometimes people feel better if you give them a chance to look at it and talk to you and all that. .90 JUL 2 41980 ist f I 0 Mr. Sorg: Would you give me a chance to answer a question? Ms. Holtzhauser: No, I'm not througc„ Stewart, bul. I'll surrender the microphone. Mr. Sorg: In on my way to the blac►c community right now, Mr. Mayor, to work on some other projects, which includes this. I'd like to mention the formation of this whole arts council was brought about by :Nancy Ackers of the Grove Dance Theather, the Childrens Theather, the Blacks Arts Council, the Historical Association, The Grcve House, Viscaya, the Fusion Dance Society, Players State Theater. We all had a meeting, in which Joanne was invited. At that meeting, we came up with this concept. What you have before you is the whole process from that meeting. Mayor Ferre: :text time, make sure that Joanna Holtzhauser is present. You're quite welcome. Would you put this on the agenda, Mr. Clerk, I'm_ sorry, Ms. Bellamy, would you have this on the September agenda for a vote by the City Commission. And at that time, actually, all you're really asking us to do is to concur. Mr. Sorg: This is the only way, I promised Mr. Grassie ' would raise the money for the Artists in Residence Program, and this is a way we can do it. Mayor Ferro: Okay. Thank you very much. 23. GRANT REQUEST FOR CASH SUPPORT ($25,000) FOR FLORIDA PHILHARMONIC ORCHESTRA Mayor Ferre: Mr. Harris. We're always honored with your presence, sir. A true dedicated public servant. Mr. Marshall Harris: Mr. Mayor, members of the Commission, I'm Marshall Harris. I'm here this afternoon in my role as the new President of the Florida Philharmonic. This trip is for money. What we are trying to do, as you may have noted from the press we have been receiving over the last ninety days, is clear up a very sad situation in the Florida Philharmonic, get it back on its feet, and give it the kind of orchestra that this community needs. I'm often reminded by many of my friends across the country, that there is not much that recommends Cleveland, which is affectionately called by some, a mistake on the lake. Except if you talk to people. They'll always tell you that one thing that Cleveland certainly has is an outstanding orchestra. I think if you go to many of the communities of this country, you will find that the number one thing they boast of is their orchestra. And with our window to Latin America, I think it would be indeed fine if we could someday boast of the quality of our orchestra and could have it touring South and Central American, and the nations of the Caribean basin. That's why I got involved. I'm still scratching my head occasionally, to find out why I took on a totally thankless task. For the last ninety days, other than neogitiating with some very interesting individuals on what was then known as the World Trade Center, I've done nothing else but work for the Philharmonic. We set out, a group of us, which later diminished to practically two, to raise the unheard of sum of two point five million dollars. Not only to pay off the existing debt of the orchestra, including the muscians who had been unpaid from the end of last season, but also to retire the bills we had running back, in some cases, for four years, to reestablish our credibility'ip the music markets of th world by at least telling them we're alive andfl.4ll in Miami, and if you come here you won't get stiffed. We will pay you for your performance. And more than that, to once again establish Miami as a credibile organization from the .91 JUL 2 41980 ist ►] I Mr. Harris (continued): symphonic point of view, so that when we go out to recruit outstanding muscians they know there's a chance to come to a community and find themselves a living wage. Now strange as it may seem, many of our creditors thought our goal was too ambitious adn they wish we would lower is because they were afraid that if we didn't reach our goal, we wouia then say, that's it folks, walk away and leave them holding the bag on a worthless orchestra. Worthless in the sense of its financial standing. Instead, we decided that it wasn't -worth doing unless it was done correctly, and we waht out and in sixty,dayn raised two point three one million dollars. That's more money than has ever been raised for any cultural organization in this community, in the history of this community. We have raised five hundred and fifty-three thousand for payment before September first, and two hundred and forty thousand of that has already been brought in. And we have already started to cleanup our back bills of the orchestra. That is enough money so that we know for the next foAr seasons, we have the financial underpinning to not only,have this orchestra perfrom, but to have it attract some of the great names of the music world here to Miami. We think that what we did is something that this community wanted to have done. The response indicates that. We've got people now writing us letters requesting tickets for the series we'll be holding this year, our regular series, and for our speical events as well. However, the five hundred and fifty-three thousand dollars that we have before September one to pay off our existing debts is going to miss. It's going to miss by about one hundred and eighty thousand dollars. So the Chairman of the Board of the Philharmonc, Alvah Chapman, any myself as President, have decided that we can't stop. We can't continue to have a quality orchestra if it's saddled with debt, and we want to be certain that by September one we clean it up completely so we can talk about a well funded orchestra that can bring the quality of music this City deserves. While I was chatting here, while we were discussing World Trade Centers and things like that, I was in the middle of soliciting funds on the telephone, and at the time I noticed that we had an enormous amount of connections, the orchestra and the City of Miami. It was only last year that the City asked us to come back, downtown through your Downtown Development Authority, and put on our Monday night -concerts at Gasman Hall. We lost our shirt., We tried every way we could, and I think we're two or three years premature. I think in three years from now people will be clamoring for the orchestra seats at Gasman Hall downtown. I think when the People Mover, and the Rapid,Transit are in, when the new buildings bring down places, a number of good places to eat and the like, when you know, it's clear that the City is alive after seven o'clock downtown, and it's certainly starting that way, I,think we're going to have no trouble, but we took a bath. We took a bath because we tried to be helpful. And what I'm here today to ask you to do, is help us clean up our debt, part of which vyis caused by.our taking that bath on your behalf. I would think that it's the kind of cause,.and by the way, I don't come here and ask you for money that's unrealistic. My personal commitment, not Dade or something else, my personal commitment is twenty five thousand dollars, and not just a one shot situation. My personal commitment extends over years and that doens't even include what I helped pay down at the Southeast Bank where I was a guarantor in order to meet some payrolls this past year. And we've had other institutions, the City of Miami Beach has already, on staff recommendation, agreed to appropriate ten thousand dollars, and we have far less connection with the Citg.of Miami Beach than we do with the City of Miami, I don't bel.ive our. request ''or twenty-five thousand is untoward. It will go a long way towards making up that -deficit that wr.now have. Yes, Mr Mayor. Mayor Ferro: Don't forget the Summer Pops where most of your orchestra players play out here for the Summer Pops. Those are the same guys that play for the Philharmonic. Mr. Harris: Exactly. It's,not the total orchestra but about eleven People, it is exactly the some people. And we're please as punch with that. It's worked beautifully this year. I don't know how many of you had had the opportunity to be there, I've attended two of the three and they're just unbelievably good. As a matter of fact, our projection because, you know, that folded fir lack of interest back several years ,.Y2 ist JUL 2 4 M Mr. Harris (continued): ago, our protection was that we would only have an average house of twenty-five hundred people, or something in the neighborhood of six thousand dollars in admissions. We have not, the whole time gone below that, and our best series are yet to come. The Nero looks like it's a near sell -out, and thanks, and I'll tip the hat to a rival, thanks to Flagler Federal, the Andy Williams Concert will be a sell -out . So we're trying to bring back an image of Miami being alive, and I think that I'd like to consider that the City was a big part of that. When I go to Washington requesting a two hundred thousand dollar challenge grant from the National Endowment of the Arts, I would much prefer going there saying, and not only is the City committed in its individual and corporate capacity, but the governmental entities in our community also understand the value of this contribution and want to assist in any way they can. That is why I'm here today. Mayor Ferro: Two questions, maybe just one question. Mr. Harris: Yes, sir. Mayor Ferret What is Metropolitan Dade County doing for you? Mr. Harris, We have an application with them for seveny-five thousand dollars. Mayor Ferret And you got ten from... Mr. Harris: We have a commitment of ten. And I've talked to Mayor Meyerson, as a matter of fact, I said hello to him as he was here today making a presentation, they are also talking, their Tourist Development Authority, with relative a subsequent ten thousand match there as well. Mayor Ferret Don't forget, that the people of Miami pay for one third of the taxes in Metropolitan Dade County. And over, close to forty-five percent of the hotel taxes. So that... Mr. Harris: We're getting it from several parts but then, you know, every time I turn around I have a different hat. We, the bank I'm a major share holder of came up with five, for five gifts in four years, or twenty five thousand. I've got a small interest in Dade, we did the same thing, and then I came up with the same gift myself. I think that's the kind of support we need if we're going to make it work. Mayor Ferro: Mr. Grassie, where would you recommend that the monies for something like this come from, if this Commission were to agree? Mr. Grassie: If you were to agree to this, Mr. Mayor, it would have to come out of the Quality of Life Fund. Mayor Ferret How much do we have in that? You're talking about next years budget. Mr. Harris: If I could get the appropriation, I could wait forever. Mr. Grassie: I think that if you were to agree, I think you should ask' Mr. Harris -to wait until the fist of October so we could put it in next years budget. Mayor Ferret Well what is the will of this Commission? Father Gibson: I move. Mayor Ferret Father Gibson moves. Mr. Carollo: Mr. Mayor... Mayor Ferro: Lets see if we haveia'second. Mr. Plummer: Second. 93 JUL �} 1'�o3 ist 1 6 Mayor Ferre: Okay, now under discussion. Go ahead. Mr. Carllo: Let me complement Mr. Harris in the fine job that you're doing, sir. We certainly need to have a Philharmonic such as the one that you're representing, downtown Miami. It's an asset not only to the City of Miami but to Dade County. The problem that I have is the following, and I'll lay my cards on the table. The City Manager over there tells me that we're seven million dollars in the hole for our next budget year. He's telling me that we're going to have to raise the property tax and possible our garbage collection fee. If this is the case, what he's telling me, that I'm going to be forced to start cutting anywhere that I can so the people of Miami won't be taxed to death anymore. Mr. Harris: Mr. Carollo, may I just make this suggestion, please do not cut where the expenditure will produce income for the City. I'm• not here because this is something, it is twenty-five thousand in the Whole, this is going to give us the kind of orchestra, for example, visitors - who now come here to shop for two days may stay four because there's a concert they want to attend. We're working a Latin Pops with Channel two which we filmed live, shown live from Viscaya, and then on tape, market it to Central and South America to the very people who then come here to visit. I assume that if we had the kind of programing, and scheduling, we would then find they would be attending our concerts much as they had formerly attended concerts for the New York Philharmonic in New York. Everytime they stay that additional time with us, produces additional revenue to this City one way or another. Mr.Carollo: My problem is that our main responsibility as City government, lies in the protection of life and property. And if our City Manager tells me, like he has been telling us, that we might not be able to hire these additional one hudnred new police officers unless taxes are raised, unless we get additional funds, my responsibility as City Commissioner, as I see it, I made an oath, and I have to put priorties in the protection of life and property first. I see the protection of life and property and maybe hiring two additional police officers at twenty-five thousand dollars a year, thirty thousand, they start at about fifteen thousand... Mr. Harris: All I'm suggesting Mr. Carollo, is this investment may very well allow you to hire far more than those two police officers with the return it will produce for this City. What we do for this County, has to focus in the City of Miami. All of our attention is in the Center City. Mr. Carollo; I can't count, Mr. Harris, on what I might get. I can only go on what I have in hand. And I just want you to understand where my heart lies. I'd like to help you but if we're so bad in the hole then you know, the City of Miami is just going to be forced to start, you know, cutting back and not throwing the thousands of dollars that have been thrown out. Mr. Harris: I'm only saying, don't cut back where your investment may . produce additional revenue. I think you have to look at that in a longer range view. And I happen to think that's what I'm representing, it's the long range view of this City. Mr. Carollo: I just ant you to understand where I,...,. Father Gibson: Mr. Mayor, I want to make this comment. I didn't make it earlier. I think all of us have to understand that we're going to have to put some culture in this City. I think we're all going to have to understand that life has to be rounded if life is going to be beautiful and effective. And that we cannot go in one direction. We're going to have to have some culture to take care of the people who go in that direction, we have to have law enforcement for those who would dare violate the law, and the like. And I think the time has come that those of us who are priviledged live in the 80's are going to have to strive for top quality, ex4ee lence in the City of Miami and not just be mediocre and all of us talking about mediocraty and always talking about not getting, that we can't do. And I like what the man says. That JUL 2 419.94 80 ist 9 rAther Gibson (continued): we're going to have to bite the bullet, take some gambles. Some we're going to win, some we're going to lose. I want to be in that group that at least tried. Hopefully, if I try long enough, and if I try hard enough, and if I try enough things that maybe I'll be successful. And I tell you my brother, as I travel around this country, I'm not so sure where we are here. Some of us need to really take another look. And I'm delighted to offer the motion to invest twenty-five thousand dollars. Mayor Ferre: And I think that's an appropriate word, Marshall, .W JUL 2 41980 w Mayor Ferro: It is an investement. It's an investment in the future. It's long range view. You know, there was a survey made in New York City which you remember very well about three or four years ago. That said that the number one provider of tourist dollars in New York City was it's cultural events and opportunities. In other words that there were more people that travelled from all over the world and the Country to go to New York to visit it's museums and attend the theatre and that listen and see it's operas and philharmonic and other cultural performances than any other event. Including conventions, including business. Including everything. That is the number one magnet to Now York City. It seems to me... Of course, New York City is the capital of the world. We are no where near that, but I would hope that someday people will come to Miami not only to borrow money because this is the financial center of Latin America and of the hemisphere, but they will come up here like a lot of people take a week vacations on package tours on Laker and what have you to London. I can't tell you the number of people that t ►cnow in this community, I mean by the thousands that will save up for a year or two to take their one week vacation in London to go to the theatre. And I would hope that someday Miami would be the kind of community that people would come in from the Carribean I and from Central America to be a part of this culture. And they are going to be taxpayers and they are going to add to the quality of life because they are going to consume services in this community which in turn will give employment to the people, which in turn will let the people pay taxes and live in this community so that we can hire more policemen. I call the question. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-558 A MOTION AGREEING IN PRINCIPLE TO A REQUEST FOR FUNDS NOT TO EXCEED $25,000 IN SUPPORT OF THE FLORIDA PHILHARMONIC AND DIRECTING THE CITY MANAGER TO PROVIDE FOR SUCH ALLOCATION IN THE 1980-81 FY BUDGET. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Rev. Gibson, Mr. Plummer and Mayor Ferre. NOES: Mr. Carollo. ABSENT: Mr. Lacasa. 24. GRANT REQUEST FOR "ALL HALLOWS EVE" CELEBRATION CONTINGENT UPON REQUIREMENTS OF POLICE DEPARTMENT BEING MET. Mayor Ferre: We are now on Item #7 which Gregg Gillingham President of the All Hallows Eve. UNIDENTIFIED SPLWR: Mr. Mayor and Commissioners, I'm here to ask you for your permission to use Mc Farlane Road and Peacock Park for the 12th annual halloween festival in Coconut Grove. Mayor Ferre: Well, you had a great success last year here in the auditorium and I think this is a step in the right direction. Does it have you concurrence, the Administration's concurrence? Mr. Grassie: Mr. Mayor, I think that we need to put some careful limits on our concurrence and I want to have a representative of the Police Department speak to that. Mayor Ferre: Sure, ok. Lieutenant? Lt. Ksmenesh: I'm Lt. Kemenesh and I'm roprosenting the Police Department for the Fhief. The first thing that I would like to make clear is CW .96 JUL 2 41980 C] that there is a significant need for these type of events in the Coconut Grove area and we the Police Department are a hundred precent behind it with strict limitations. Unfortunately, last year was the first year for the past eight years that these type of events were put on by 21r. Gillingham that went smoothly. Last year it was in the auditorium and it was put together by Mr. Gillingham and by myself two months prier to the -_ncidcnt and there was a lot of time for planning and there were no problems. Unfortunately, the year before that it was at 1889 Tigertail at a residential area. We received no less than several hundred calls of complaints due to the fact that it was out doors. Due to the fact there was amplified music and sue to the fact that there was no parking facilities. There were persons that were on narcotics that were found in the bushes the next day. There were several people that were called in by the squad. There was no ingress or egress by traffic due to the fact that all the cars were parked from 17th Avenue to 27th Avenue on Tigertail and everything in between Dixie Highway and bayshor.e. Unfortunately, unless there is strict enforcement of the law prior to your giving permission to use Peacock Park we are going to have the same type of affect. There were several suggestions I mace to Mr. Gillingham on the telephone. At this time he has not been able to comply with them. If in fact he can comply with the restrictions and follow the letter of the law as to noise ordinance's .n Coconut Grove it could possibly be an annual event that would be a great benefit to the City of Miami. I have outlined several things to Mr. Gillingham as to what needs to be done to make it safe for the people of the community and for the people that are attending this halloween party. There have been extremely large numbers that are involved in the party. Thank you. Mayor Ferre: Alright, how do we assure then that we are not going to get in trouble if we go ahead with... Mr. Grassie: Lieutenant do we have a list of the restrictions that you are talking about so that the City Commission could approve those in their motion? Could we incorporate a list of restrictions in the approval of the City Commission? Lt.Kemenesh: ' I can provide you with that, yes. Mr. Grassie: You don't have them at hand? Z.t.Kemenesh: No, sir I don't. What I have at hand today... this is 1978's party that took we about two months to compile and to contact the residents that had tremendous problems and the out cry from the citizens of having an outdoor halloween party which is being requested now. It's a serious thing that we have to weigh as to the enjoyment of halloween as compared to the problems that we are causing the citizens that live here year around. Mayor Ferre: Yes. Well, it's obviously an occasion for a big party and I saw some of it and some of it I'm sure is fun and some of it is a little bit too much fun and I think that's where the problems come. So I for one sympathize with what you want to do. I'm all for you, but that's my Lieutenant over there and I'm going to do what he tells me. If says go, we go and if he says we can't support it, we can't support it. Mr. Grassie: I wonder if the approval of the City Commission might be contingent on Mr. Gillingham satisfying the Police Department that he is going to comply with the police requirements. Mayor Ferre: It's alright with me. Mr. Gillingham: At the present time the only requirement that I have been able to meet was to have all the merchants and property owners of Mc Farlane to sign a piece of paper agreeing to the usage of the property and that they would like to have this happen and that's been done. These are all the... all the property owners or store owners. Mayor Ferre: Ok, we need to move along Mr. Gillingham. So we... Mr. Plummer: Let me ask a couple of questions because I have always wondered. Where does the money come for this thing? Mr. Gillingham: Money comes; as last year. We have a non-profit corporation. Now, last year we have a profit*we will work with this year. Mr. Plummer: Are you selling tickets to this thing? Mr. Gillingham: No, this will be in the street. We are not asking for any money. .97 JUL 2 41980 • 9 We are going to have... we are going to have dump the witch and dump the monster. We are going to sell refreshments. We are going to have sandwiches. We are going to have bobbing for apples. These type of things. Mr. Plummer: But is this a money making thing. Where does the profits if any go to? Mr. Gillingham: We are set up with the IRS as a non-profit corporation. The IRS gives us guidelines to work under and all the funds that come into it have to be... not only do they have to be accounted for, but they also--- say next year we didn't have this party--- well then they also tell us how to distribute the funds. They are all volunteers. We have fifteen hundred people out there working for free. Rev. Gibson: Mr. Mayor, why can't we say "yes" providing they confirm to those stipulations. Would that be acceptable sir? - Mr. Plummer: Yes, but I don't get any of it, that's the problem. Rev. Gibson: No, I'm asking you Officer. I'm not... he doesn't owe nothing. You are the man. Lt. Kemenesn: That is exactly what we are asking. These are the recommendations. Rev. Gibson: Alright, I move that we grant this permission with the stipulation that you are to confirm with the restriction stipulated in that memorandum you stated. Mayor Ferre: Is there a second to that motion with that stipulation? Lt. Kemenesn: May I interrupt just one minute? There is one more thing that's involved in here that hasn't been brought up that there are ferris wheels and carnival type apparatus that are going to be brought into Peacock Park that you need to consider. Rev. Gibson: Sir we will have to defer to your judgement. I will defer to your Judgement. Mr. Gillingham: Thank you, very much. Rev. Gibson: Ok. Let's get this vote. Wait, wait, wait I made a motion. Mayor Ferre: Well, we have a motion. We don't have a second to the motion. Rev. Gibson: I made a motion. Plummer? Mr. Plummer: Knowing Kamenesh, I will go along with it. Mayor Ferre: The motion is that with an awful lot of restrictions basically put on by the Police Department that the Halloween celebration be permitted out in the community in Coconut Grove. Mr. Lacasa: Do you need a second? Mayor Ferre: No it's been seconded. Now it's the vote, so call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoRt>ton: MOTION NO. 80-559 A MOTION APPROVING A REQUEST BY GREGG GILLINGHAM, PRESIDENT OF ALL HALLOWS EVE, INC. FOR USE OF PEACOCK PARK ON OCTOBER 31, 1980 CONTINGENT UPON ALL REQUIREMENTS AS MANDATED BY THE MIAMI POLICE DEPARTMENT BEING MET. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. U0 JUL 2 41980 5. PERSONAL APPEARANCE: EUGENE A. HANCOCK - BIDDING OF ADDITIONAL LAND AT MARINE STADIUM FOR MARINE STADIUM ENTERPRISES, INC. Mayor Ferre: Alright, we are on Item 9 which is Mr. Eugene Hancock. Gene is it alright if I call you by your first name? Mr. Eugene Hancock: Yes, sir. Well, I don't know how to put that on. My name is Eugene Hancock I live at 3856 Douglas Road. Father I'm not going to shake my finger at you today, but I have come here asking that the property that over on Miami Marine Stadium adjoining the property that we have presently leased be put-out for bid. I understand everything is ready to be put out on bid, but it hasn't been done yet. It was supposed to have... bids was supposed to have been opened in the first meeting in May and we are now into the end of July•and I would like to request that, if I may, that this be put out for bid. Rev. Gibson: Let me ask a question. Mr. Manager? Mr. Grassie: We concur with that Father and we would like to give you a status report. Mr. Odio has been working on this. I think he needs to bring you up to date on just where things are. Rev. Gibson: Yes, this is one of my crosses. Let's go. Mr. Odio: Sir we received the appraisals two weeks ago. The moment we received them we studied them and we prepared RFP's, the request for proposals for bids. But we want the City Commission to approve the minimum rates in those operations before we proceed for bids. Mr. Grassie: In other words the policy question that we are asking of you is that if we go out for RFP's we want to establish the amount of return to the city which is specified in the two appraisals that we have had made as the minimum acceptable. Rev. Gibson: Well, I'm not speaking for anybody but Theodore Gibson. You know, I want the staff to understand me. I may not understand you. I try. It angers me when the public comes here and they get pushed around and shoved around for months and months and months. The case we had before was a four year things. Now, it was only one piece of land. Nobody else could use it but that man. We said ok we are going to put it out for bid. My concern is why in the devil it takes so long. Now, let me tell you what my experience was and then I'm going to hush. I went before a judge to take over the guardianship of an estate business. You know what, they were telling me well we don't want it audit because of the time. I said "hog wash". I said "I tell you what, I will go out here and found you a CPA and we will get it done in ten days". You know what I did walked out picked up the telephone, called and you know what happened? The very day the man says "yes, I will do it. I will do it in so many days". I don't expect you to do quite that easy and fast. But I want to say to the Administration it angers me, it disturbs me, it makes me bitter because when I have to face men who come here and say "you know, Father..." I don't like that. Man they don't do that tome in my ministry. When you see me say something at the church where I serve. I deliver and if I can't deliver I go to that person's house and I explain and not in the pulpit. Now, let's make sure we understand where we are because I'm a slow learner. Mr. Hancock explain to me your predicament and I want you to answer and I'm going -to make a motion, ok? Mr. Hancock: My predicament Father is trying to get this bid out. That's all. And as I understand it now, the City is now ready to bid out. �tr. Odio: That's right. We have the proposals prepared, but we want the City Commission to agree that the minimum rates presented by the appraisals... Mr. Hancock: Well, what is the minimum rates? Rev. Gibson: Well, what is the.minir m? Mr. Odle: Well, you have the appraisals in your packet. JUL 2 41980 Mr. Grassi*: One of the things that we wanted to do and we have done Pother is to send the appraisals out to you so that you would have a chance to review them. Mr. Odio: We needed the time for you to review them.. Mr. Grassie: The last one came about five or six days ago. Rev. Gibson: Do we have another meeting before we go? Mr. Odio: No, sir. No, Father. Mr. Grassie: No, but you don't need another meeting. If you approve it now we can go forward. Rev. Gibsons Plummer? Mr. Grassie: No, there are two questions in front of you. One is the acceptance of the appraisal as being the basis for the RFP and the second is that you, You don't have but just one parcel that you have asked us to work on, but two one proposition is a small parcel and the other Mr. Hancock has been interested in the whole stadium. So we... Mr. Hancock: So we get clear right here. We are talking about the small parcel. If we get on the big parcel that could take probably the next four years. No, we like to do just the one. The one that we talked about doing in May and it's now July. That's the little small parcel. Mr. Odio: But there are other people interested also in the Marine Stadium as a whole and we like to do the same for them. Rev. Gibson: Let's take the little one right now. J. L.? Mayor Ferre: Let's do them both. Rev. Gibson: Alright, let's do them both. Mr. Grassi*: We can do both at the same time Father. That's the point, but you have to tell us... Rev. Gibson: But let me add... I don't want to get caught in this now. Don't tell me later on that because he didn't take the big one he can't gat the small one. You know, I want to make sure we understand that. Mayor Ferro: On the record these are separate bid items. Rev. Gibson: Right. Mayor Ferre: Mr. Hancock can bid on one or the other or both. That's your decision. Mr. Hancock: Mr. Mayor, let as say something. If so keeping in line with the City Manager the way I have had to -go on this. I had to go before the Waterfront Board and we haven't gone before the Waterfront Board yet on a couplets stadium have we. So then we can't... we can't bid that out. Mayor Ferre: Well, the point... no, that's not the point. The point is that we are not going to bid them at the same time, I would hope, but... Mr. Plummer: .yd are talking about the small parcel only right now. Now, I got a problem really with setting a minimum Cesar. I think... you know, and this Commission and the Manager always reserve the right to throw all bids out if we don't feel that it meets a basic minimum. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummers Well, no. We always do as far as I know the Commission reserves that right. And I don't see the; need... they are going to be, they the bidders whoever they are, I assume are 'going to be furnished copies of this report as part of their request to bid. Mr. Odio: Well, Commissioner we are stating in the RFP's the minimum. We are putting them down in the RPP's. JUL 2 4 SOW Mr. Grassie: The reports are available to anybody of course, but... and we will make them aware that they exist. But I t;.iak it'.; fair to .)eople that we tell them what the minimums in the report are... Mr. Plummer: Well, what is the minimum as proposed in this report? Seven cents a square foot? Mr. Odio: I don't have the figures. This is the marine stadium. The other one. (BACKGROUND CO1,1 ENT OFF THE PUBLIC RECORD) Mr. Hancock: I have no problem if they just bid ouL. Mr. Odio: On the parcel the boat rack storage would be 10.3 percent. Mayor Ferre: 10. what? Mr. Odio: 10.3. On the trailer... Mayor Ferre: I will tell you. I thank if you are going to go out for bids of this nature after we have done these appraisals we have got to put minimums in there somewhere in the picture. Mr. Odio: We have the minimum here in the RFP's. Rev. Gibson. Alright, what's the minimum? Mayor Ferre: 10.3 percent. Mr. Odio: On the boat rack storage... on the tailer beat storage would be 10.3 also. On the minor boat repairs if allowed by the City would be 5 percent. Fuel sales if allowed by the City would be 2.5 cents a gallon. Mr. Hancock: That's average. Rev. Gibson: Well, alright do you have any problem? Mayor Ferre: Gene you got any problem with that? Rev. Gibson: Do you have any problem? Alright, I... tell me how we get moving so this man doesn't spend all year... Mr. Odio: Well, if you accept the minimums that we are suggesting Father we can put the... Rev. Cibson: I move that we accept the minimum as suggested. Mayor Ferre: Alright, is there a second that we go out and bid... Mr. Grassie: And that you authorize us to use them in sending out RFP's for the two parcels. Rev. Gibson: Yes, sir if that's the rule invoke the rule. Do you understand? So that you don't have to go out here and have another meeting. Mayor Ferre: Alright, further discussion, call the roll. Mr. Hancock: Could I ask one question please? Mayor Ferre: Yes, sir. Mr. Hancock: When will they be put out for bid? Mr. Grassie: That is just a question of a few days. It should be out very quickly. Mayor Ferre: Further discussion? , Rev. Gibson: Mr. Manager? No, no, no. Mr. Manager let's talk about time certain. I want time certain. Mr. Grassie: Let's say lst of August. J U L 2 4199W i�l f Rev. Gibson: Alright. Mayor Ferre: Ok. Now, you are talk in3 about :� o .1ai. 1. , .� c� :i1� 1st of August. The big piece is going to take much ioaber. A.r..S;h , further discussion? Mr. Grassie: Well, we will try an.: do tr.c b�g dl-co as quickly as we can. Mayor Ferre: Do you want to say so.�t ins^ Rev. Gibson: Well, I want the small piece. Mayor Ferre: Counselor go ahead. Mr. John Thomas: Yes, I'm John Thomas, Thomas Crafton and Wright, 2825 Oak Ave. I'm here representing Marina Biscavne, Inc. I would protest the Commission's action on any*bid procedure without being pu.: on the agenda. We had no notice as to what was going to be done with this bid procedure. I'm here simply to -hear a presentation, but I wasn't informed as to any action being contemplated on this property being bid. Mayor Ferre: Mr. Thomas your client will have an equal right to bid this just like Mr. Hancock has a right to bid it. And if he is the successful bidder. He is going to get the award. We can't protect your man and we can't protect Mr. Hancock. Mr. Thomas: Yes. When it comes to bidding we will certainly be in there running for a bidding on this property. Mayor Ferre: Fine, that's good. Mr. Thomas: I would simply make my protest for the record at this point that the City Commission is acting without something being on the agenda for it to be considered ahead of time by people interested in the issue. Mr. Plummer: Mr. Thomas? Rev. Gibson: Let me ask a... wait a minute, I want to ask a question. What were you going to tell us if you knew six months ago. What were you going to tell today that you aren't going to tell us now? Mr. Thomas: That there appears to me to be a conflict of interest with the City in developing this parcel for rack storage while they made a commitment for Biscayne, Marina Biscayne, Inc to run a marina on an adjacent site. Rev. Gibson: My brother, you know, I don't want to say what I really think. I hope I don't have to say what I really think. I just want to warn you because you know, you remember you came to see me. You remember that? Mr. Thomas: Certainly. Rev. Gibson: Ok, I haven't forgotten and I just get impatient and sick and caught up with all this joshing that goes on. Let's vote. Tnat's all 1 coulu say. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption. i. ,MOTION NO. 80-560 A MOTION UP THE CITY COMMISSION AGREEING TO ACCEPT THE MINIMUM INCOME TO BE RECEIVED BY THE CITY UPON LEASING THE ADDITIONAL LAND AT MARINE STADIUM, AS SUGGESTED BY THE APPRAISAL SUBMITTED TO THE CITY IN CONNECTION WITH SUCH BIDDING; AND FURTHER INSTRUCTING TO SEND OUT APPROPRIATE SPECS BY AUGUST 1st. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Thecdore R. Gibson Vice -Mayor Armando Lacasa Mayor M µrice A. Ferre JUL 2 4 1980 02 NOES: None. 26. LMERGE:N('Y ORDINANCE - RFP-:AL ,RD. S75L- .itri'iEF. bo of the CODE SLPS:irule >'EvJ CiiA,TER b6 OF ThE CODE cn,e/Rcbulate Adult Book Stores etc, Mayor Ferre: Now, we are on It(�n 12, which is the next one where we have a person hire on. It i:, adult motie:, pictures, theatres and adult book stores. Alright? Alrigia, go ahead. UNIDENTIFIED SPEAKER: Mr. Mayor, Commissioners, Mr. Grassit and Mr. Knox, you will rer.emoer )erhaps that I appearea before some weeks ago requesting a special attorney to work under the direction of Mr. Knox in his offict. Progress has been m.zide in :his particular area. The SubCouncil is parti,.ulariy happy about it and so are the other eight SubCouncils in the City of Miami. I wish to challenge Mayor Ferre's statements o a little while• ago that it's difficult to get ttIings crone in this city. Frauk:y, we think Lhe :.o=iission was a push over. And we are .specially thankful of the ,articular attorney `:r. Frank Harder that is working under the directicn of Mr. Knox. And we do urge that a vote be taken on the passage of this emergency ordi::anca. If an explanation is require, then I would of course, suggest that Mr. Knox further explain this ordinance to the Commission. And I thank you, very much. One other thing that has occurred. The :41imi Pciic,. Jepartmont has certainly worked with this attorney and vice versa Wit':i this Commission's help I think it's a very, very, beautiful marriage and I think a very definite progress is going to be made. In fact I do believe that guidelines cou--Q be set for many ocher cities in the United States and this Co,amission will recieve their proper recognition. Thank you, very much. Mayor Ferre: well, ny congratulations to you sir and to all the people who have been working diligently on this important ordinance and I see it has the City Attorney's recommendation. Our gratitude also for the City Attorney who happens to be--- I don't know whether many of us knew-••- tut he s oae of the experts .n ,his fiela now since he has gotten... he happens to... well, let defend his own claim to fame, but I understand he is a very knowledgeable... he has written some important legal treaties on this subject and law reviews. Mr. Knox: fir. Mayor and members of the Commission, this is again an effort on the part of the Law Department to keep the state of our law current with recent Supreme Court pronouncements and other appellant pronouncements throughout the Country. And we have made some changes in the procedure for application issuance, revocation and suspension of licenses that will assist us in the effective regulation of obscenity and adult entertainment in this community. ::ayor Ferre: Is there a motion? Mr. Plummer: On Vie resolution? Mayor Ferre: Item #12, an ordinance. Mr. Plummer: Move. Mayor Ferre: Moved by Plummer, who seconds ic? Anybody second it? Rev. Gibson: Second. :'ayur Ferrre- Gideon secer.s, further discussion! Alright, read the ordinance. Alright, call the roll oc, first reading. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE REPEALING IN ITS ENTIRETY ORDNANCE NO. 8758, ADOPTED FEB- RLARY 23, 1978, WHICH ESTABLISHED CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI, FLORIDA.' PROVIDING FOR THE LICENSING AND REGULATION Oi ADULT MOTION PICTURE THEATRES, ADULT BOOK STORES AND ESCORT SERVICES BY SUBSTI- TUTING THEREFOR A REVISED CHAPTER 66 �� JUL 241980 E E REGULATING THE SAME SUBJECT NLaTT::2 WITH THE EXCEPTION OF ESCORT SE n.'ICES BEEN DELETED 71"EREFROM, S, .; 'J :� : 1 cD ti •.u,P ct CONTAINING PROVISIONS L4'N:.C'r. `:OD 7'Y THE LICENSE APPLICATION ?RLCi�.LKi.S FO& ADULT MOTION PICTURE THEATRES AND ADULT ROOK STORES, CONTAINING A REPS.+ -R P tOViSIGS AND A SEVERABILITY CLAUSL. Was introduced by Commissioner Plummer and seconded by for adoption as an emergency measure and dispensing with the of read�ng sarae on two separate days which was agreed to by vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) 1heodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. NOTE: THIS ORDINANCE WAS DESIGNATED ORDINANCE NO. 9132. Commissioner Gibson requirement the following 27. AUTHORIZE AGREEMENT: A^iERICAN DESIGN S DEVELOPMENT CORP. OF MIAMI (BRI..L,LLL PLACE) Lease of baybottom lands Mayor Ferre: Take up Item 22 which is the next thing that somebody is here on which is a... the City :Manager entered into an agreement on behalf of the City of Miami with American Design and Development Corp. for the lease certain baybottom lands for a period to six years under the terms and conditions as contained in said agreement. Mr. Gill Friedlander: Mr. Mayor and Commissioners, my name is Bill Friedlander. I'm an attorney here in town having an office at 5915 Ponce de Leon Boulevard. I represent American Design and Development Corporation Southeast a wholly owned subsidiary of Cheeseman and Development Corporation and the developer of Phase II of the Brickell Place project located in the 1900 block of Brickell Avenue. With me today is Mr. Bernard Braman who is the Executive Vice -President of Cheeseman Development Corporation and the President of the joint venture presently developing Claughton Island. We also have here if you do have any questions Mr. John Gootman of the Canal Medcalf and Eddie Engineering firm who was involved in the permitting process with respect to the marina. I will take as little time as I can with old memories, but I think I ought to state into the record that this project began when I was a very young lawyer at the old High, Stack, and udvis firm. Turtle of you were on the Commission when we sought the zoning for Brickell Place. It.was then called Brickell Yacht Club. The planned unit development was not approved. There was a litigation filed. It was the first law suit I ever filed in my career. We settled it a week later and we created a Kind of a special zoning for Brickell Place and under the terms of that settlement the new zoning for Brickell Place was to apply to -any subse-,uent owner. Shortly after that agreement was reached the Gutierrez E. H. G. Financial Corporation sold the entire project to my client Cheeseman Development Corporation and it was developed in two phases. Phase I was A. D. and D. Corporation, American Design and Development Corporation. Phase II and the proposed lessee under this marina lease is American Design and Development Corporation Southeast. They are both wholly owned sudsidiaries. Mayor Ferre: Gill can we save you a lot of time. I know that you are one of the best attorneys in this town and you can really represent your client well, but I think we are way behind. Let's -see -if anybody has any objections to this. Are there any objectors? Mr. Plummer: Well, let me ask a question. Who are you renting this from? Mayor Ferre: From the City of Miami baybottoms. JUL 2 41980 Mr. Friedlander: The City of Miami. Mr. Plummer: And what are you offering in return? Mr. Friedlander: A negotiated lease price per faUt which has been negotiated between your lease manager and the developer. Mayor Ferro: Phase 1 is for ten years. Phase II is for six years. Mr. Plummer.: NO, this only says six years. Mr. Friedlander: There are two ten year options which will tailor it into the existing lease on Phase I. This is only twenty-two additional slips. We have a lease with you on Phase I that goes back a couple of years at a much lower rental. Mayor Ferre: Look let me put it to you this way. Mr. Manager can you answer the question? Is this as good or better than what we get from the yacht clubs? Mr. Grassia: It's better. Mayor Ferre: Ok. Does this have your recommendation? Mr. Grassie: Yes. Mayor Ferre: Do you think this is a fair deal to the City of Miami for baybottoms? Mr. Grassie: Yes, I think the... Mayor Pt:re: Is there anybody paying more than this in the City of Miami for bayoottoms'. Mr. Grassie: I don't believe anybody in the private sector is paying more now. Mayor Ferre: Ok. Mr. Plummer: Mr. Mayor, my problem is this agenda ite:^ says six years. Now, how in the hell can they put in docks and all the investment and amortize it over six years? Mayor Ferre: J. L., look if you read... Mr. Plummer: It doesn't say so here. Mayor Ferre: Yes, if you read Item 22 it is a ten year contract in Phase I and a six year In Phase II and it has an option to renew two ten year periods. So one will be for thirty years and the other one will be for twenty-six years if they want. Mr. Friedlander: your years are going on the first lease. The purpose of a six year initial term on Phase II is to tie it into Phase I. Mayor Ferre: Further questions? Are there any other speakers for or against this? Are there further questions from members of the Commission? Is there a motion? Mr. Plummer: Question. What happen before the Waterfront Board? Mr. Friedlander: It was approved unanimously five - zero. Mayor Ferre: Are there further questions? Is there a motion? There is a motion for approval. lb there a second? Mr. Plummer: Second. Mayor Ferre: There is a second for approval. further discussion? Mr. Carollo: Yes, just one quick question. who from the city's staff negotiated the lease agreement with you all? Mr. Friedlander: Mr. Harrison. Mr. Carollo: Thank you. ��i5 JUL 2 4198q 4 f Mayor Ferro: Further discussion, call the roll. The following resolution was introduced by Commissioner -acasa, who moved its adoption: RESOLUTION NO. 80-561 A RESOLUTION A'-;THO:IIZING :rik: CITY MANAGER TO ENTER INTO AN A(,REF.MENT ON BEHALF OF THE CITY OF MIAMI WITH AMERICAN DESIGN b DEVELOPMENT CORP. - SOUTHEAST (D/B/A BRICKELL PLACE) FOR ThE LEASE OF CERTAIN BAY BOTTOM LANDS FOR A PERIOD OF SIX (6) YEARS, WITH TWO 10-YEAR OPTIONS, UNDFR THE TERMS AND CONDITIONS AS CONTAINED IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 28. AUTHORIZE AGREEMENT: DOWNTOWN BUSINESS ASSOCIATION $50,000 NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE DOWNTOWN TARGET AREA Mayor Ferre: The next one is 28, then 32. 28 is the authorization of the Manager to negotiate and execute a contract agreement with the Downtown Business Association. Mr. Plummer: Move it. Mr. Carollo: Second. Mayor Ferre: Moved by Plummer, seconded by Lacasa, further discussion on Item 28, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-562 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE tHD EXECUTE A CONTRACTUAL -AGREEMENT W".1'H THE DOWNTOWN MIAMI BUSINESS ASSOCIATION, FOR AN AMOUNT NOT TO EXCEED $50,000 PER YEAR, FOR THE PURPOSE OF IMPLE- YXNTING A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE DOWNTOWN TARGET AREA, WITH FUNDS ALLOCATED THEREFOR FROM THE SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. THIS AGREEMENT WILL BE EFFECTIVE FOR THE PERIOD OF JULY 1, 1980 TO JUNTE 30, 1981 IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). iO JUL 2 41960 Upon being seconded by CommiSaioner :.acasi, th, iesolution was passed and adopted by the following vote: AYES: Commis-,ioner Joe Carollo Commissioner J. L. Plummer, Jr. Comrissior.er (xev.) Theodore R. Sibson Vice -Mayor Armando Lacasa Mayor :''aurice A. Ferre NOES: None. 29. DECLtRF. CITIZEN PARTICIPATIDN GL'IDELINLES `;CLL AND VulD AND REPLACE - CITY PARTICIPATION PLAN FOR :riE CITY OF :IId:iI C.D. BLOCK GRANT PROGRAM Mayor Ferre.: Take u,d Item 32. This is city participation for the City of Miami community development block grant. Alright, who is here on Item 32: Rev. Gibsor.: :Move. Mayor Ferre: *loved by Gibson, is there a second? Mr. Lacasa: Second. Mayor Ferre: Seconded by Lacasa, further discussion? Mr. George Adams: Good evening, my name is George Adams. I live at 1055 Northwest 50th Street. I have here a resolution of Model City community. A resolution requastint, ., third... a third option be placed on the ballot for the selection of the type of city participation desired. The election of Advisory Board members !4herpa.ci Model City Community Development Advisory board is comprised of fifteen regular members representing the entire Model Cities community and whereas Model Cities Community Advisory Board has held regularly scheduled meeting monthly and bi-monthly to receive-itizen input and to make the community aware of developments procedures, plan;,, activities and project. And whereas the fifteen member Advisory Board is effective in representing the con,:: -.as of the community before the city's staff and the City Commission. And whereas the citizens who attend the Advisory 3oard meetings are very concerned and desirous of continuing of th^ir participation under t'e existing board structure of fifteen members elected at large by the community. And whereas their recommendation the M.C.C.D.A.B. and the citizens to maintain the existing fifteen member elected board was made the community development staff. And whereas tt,e community development staff has ignored this recommendation and there are two options for citizen participation recommendations to be presented to the City Commission. Whereas the community strongly feels that neither of the citizen par.ticipatioa options recommended by the community development staff adequately serve their needs. Therefore, be it resolved by the Model City community including the Model City Community Development Advisory Board and the :Martin Luther King Neighborhood Association that we urge the City of Miami Commission to place a third option on the ballot for selection of the type of citizen participation _ structure preferred by each target area. The third option requested is for the structure of the Advisory Board to remain the same. A fifteen member board elected by the community. Yo-.. will see some signatures from the community and that advisory board'.- We were: very concerned that this third option that I mentioned and what we are laboring under now was not mentioned. I have my suspicion and the community have theirs. However, I won't state them now. :iayor Ferre: Mr. Adams let me just give you my personal opinion on this and this is just one man's view. What we have now is an alternative of two systems. One system is you go back to choosing a president and a... or a chairman and a chairperson and a vice -chairperson and that chairperson or vice -chairperson has no other job but to run meetings that the community goes and speaks. Whatever that community wants they make that decision. If them is fifty people there and there is a hundred. If there is five hundred people let the community speak. Now, that's one one alternative. The other alternative is if you want to go to a control board that's fine. You go to a control board where you select half of them. We select half of them. And the reason we want to select half of them is we want to balance. 107 JUL'241980 4 , We don't want cliques getting in here. We don't want little broups of people who end up controlling things and then not pers:itt=.ng the rest cif the community speak out. Now in your particular area that has zoc appened, I don't think, but in some other areas that has happened and then wnaL you have is a dictatorship of fifteen people where they won't let ac, ?le �-,eak and �:iev ::_tide things for the community without letting the cocmaualLy really parci,!ip.ite and then the community doesn't go to meetings you see. So the way we are trvin,; to :solve that is you have your choice. You can go back tc t`.t� old which is the most democratic system and that is it's a straight democracy where people speak and all we are electing is a chairperson who doesn't have... who is not the czar. He doesn't tell anybody what to do all he or she does is run the meeting. The other system is you have community representation speaking for the whole community, but we in the Commission are going to balance it. Mr. Adams: Mr. Mayor, I can appreciate what you are saying that a chairperson and vice -chairperson is a full-time job. Those two people should be making may be fifty thousand dollars or thirty-five thousand dollars a year. Seriously Mayor, please the thing about it is that why are we being punished for something that happened in another area. It makes me think like I'm in elementary school. If someone speaks up in the back of the room I have to stay in too. I think in all fairness to the community you should consider this resolution. Mayor Ferre: Mr. Adams let's see if we can get a reaction may be from staff and then we will come back to members of the Commission and see what the reaction is from the Commission. Mr. Jerry Girreau: My name is Jerry Girreau and I'm with the Community Development Department for the City. In preparing the regulations and guidelines for the citizen participation plan we mindful of one of the federal regulations that suggests that if the local governing bray elects for a completely elected board which incidentially they discourage. We have to be and they have to be assured that there will be representation from those people that the program is targeted for. That's the low and moderate income members of the target area. And we conferred with the feds on this point Mr. Mayor. Mr. Adams: The thing about that is... how many people on staff that decided what this was going to be all about lived in the Model Cities area? Mayor Ferre: Staff isn't going to make that decision, this Commission is going to. You have one of two choices. Mr. Adams: But the staff put it together Mayor. Didn't they? Mayor Ferre: Yes, but we voted on it. And that was our recommendation. That wasn't staff's proposal. We can take the blame for it right here. Mr. Adams: Ok. Well, Mr. Mayor, I'm still saying that we shouldn't be punished for something that happened in another neighborhood and you know, it would come right down to may be the community asking that the same thing be done with the Commission. May be the governor should appoint three people and the other two should be voted on by the citizens of Miami. Mayor Ferre: This is a regulation of the federal government. What they say is you get community input. Now, we prefer that you not do what you are recommending Mr. Adams. That's what the federal government tells us. We prefer that you not do it because it isn't working. It doesn't work. We prefer that you do it in one of these different methods. That's what the federal government tells us. Now, let me tell you something the final decision is this Commission's. It isn't yours. You aro-not going co make that final decision. We are going to make that final aecision. And that's what the federal government wants us to do. We are going to get your input. We are going to get your recommendations, but you are not making that decision and I just... and I think there has been a complete misunderstanding out in the community. That thinks that the federal government in Washington sends that money into the community and the community is going to make that decision. Uh-huh that's not the way it works. That's not the way it works in Boston, Philadelphia, Denver, San Francisco, Dallas or Miami. Mr. Adams: I don't think anyone in the community has any problems with you making the decision. The only think we want to know is why... well, someone is saying that this structure or former structure isn't working and the community thinks it in. And that's why they have a resolution here. �8 JUL 2 41080 0 • Mayor Ferre: The fedetal Koverr-T.crit gays _t dot.sn't wor' :ac 1 for one concur with the federal government's zonclusion. knu if yvu want a cure democratic system the most democratic system of ali is c.ho,)se a a::d let the community speak at every meeting a.id that c1,airTL;rs0r ruffs t. meeting and if there is fifty people there whoever is the majority determines what happens. That's the most democratic of all systems. Mr. Adams: Ok, it's nor. cant i don't believe you Mr. "Sa.,or, but did the federal government say that y-�u couldn't -tit chat on the ballot for the... Mayor Ferre: N:,, they didn't sa-1 he couldn't. Why don't you make your statement again. T`.ev didr.'t say you couldn't. They recommended that we didn't. That doesn't mean we can't. Mr. Adams: They recommend it, but you don't really have to go by that recommendation if you don't... Mayor Ferre: That's right we don't have to do it that way. Mr. Girreau: The probler is HUD use it with a totally electorate board is that wnile there is a ossibility that :here will be adequate representation on that beard by low and ^:oderatit income ia.. lies, the reople who the programs are intended to serve there can bE no assurance of that and 1 believe that's why the City Commission directed the staff to prepare a plan with appointed boards so the gaps could be filled if they existed. Mayor c(_�rre: Ck. Any questions from members of the Commission? Comments? Recommendations? Motions? Mr. Carollo: Question? Mayor Ferre: Question? Go mead. Mr. Carollo: And the resolution are we going on record then from what the resolution states that the City ,onager is going to decide... Mavor Ferre: No, no, loe the City Manager isn't going to decide. It's a resolution establishing the attached citizen participation plan for the City of Miami Community Development Block Grant Progras as required in the Housing Community Development Act of 1974 and amended and so on and so forth. And what it says is that the City Commission, that the City Commission... Mr. Carollo: We will be the ones again that would make the final decision? Mayor Ferre: Yes, of course. That it is resolved by the Commsission of the City, one, that she attached citizen participation plan is hereby recognized by the City of Miami citizen participation plan for the co=, unity development, blah, blah, blah. This is the... Mr. Carollo: it wasn't too vicar in the shorter phrase of it, the resolution that we had in the Commission agenda package. Mayor Ferre: Well, let's get the Manager on the record. Mr. Manager it is your understanding or isn't it your understanding on the record that it is the intention of this process that these different CD boards will be selected in a democratic process either in one system or the other and that they will report directly to the members of the Commission and cneir fiduciary responsibility as required by the 1974 law as amended? Is that correct? Mr. Grassic: -that's corr:et. That's correct Mayor keeping in mind that you have asked the staff to provide staff support for those committees. Mayor Ferre: But the staff is not making any of the... hopefully, will not... Mr. Grassie: They do have an interactive relationship with the committees. They do present plans, discuss with them and the staff sometimes Drings to you recommendations different from the committee's, but there is no question that the committees come directly .to the City Commission with their recommendations if they wish to. Mayor Ferre: But the question fw this, a duly elected chairperson has the right and the authority and has always exercised the right to come before this Commission and express his or her will. And if memory serves me right not many of them agree with staff. Does that answeX fit? Ok, what's the will of the Commission �9 JUG? "' ,� 0 4 so we can move on one way or the other? Alright, it's been moved and seconded, call the roll on Item 32. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NC. 80-563 A RESOLUTION ESTABLISHING THE ATTACHED CITIZENS PARTICIPATION PLAN FOR THE CITY OF MIAMI COM- MUNITY DEVELOPMENT BLOCK GRANT PROGRAM AS RE- QUIRED BY THE HOUSING AND COMMUNITY DEVELOP- MENT ACT OF 1974, AS AMENDED, AND SUPERSEDING THE CITIZEN PARTICIPATION GUIDELINES ESTABLISHED BY RESOLUTION 79-317 AND RESOLUTION 79-580, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT _ THE ATTACHED CITIZEN PARTICIPATION PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. 30. DISCUSSION ITEM: COMPLETION OF DIXIE PARK TIMETABLE Mayor Ferre: While we have some members of the Black community here. There was an editorial on Dixie Park... Mr. Manager or Mr... Could I direct my question to Mr. Grimm or to... Mr. Grassie: Yes, of course, but if you want a report on Dixie Park... Mayor Ferre: That's right I want a report... Mr. Grassie: ... we could ask Carl Kern to provide that. Mayor Ferre: And what is this thing about for fifty thousand dollars or not getting Dixie Park finished. What's all this foolishness? Mr. Carl Kern: I'm Carl Kern the parks Director. I want to respond to that because we thought it was a very unfair article. Over a year and a half ago went I got here the park was not under construction. We have gotten it out to bid. We have a construction going on now of almost a million and a half dollars. They project is two or three weeks behind schedule, but it is proceeding. There is no shortage of funds in the project. If you notice in the... Mayor Ferre: -Jell, whe-a did that information come from? Mr. Kern: I don't know. I talked to Gebre the day before who had written some previous articles about the park and others. And explained to him in detail what the status was. If you noticed in the article he goes on and on and gets on to bi-lingualism and Watson Island and Bayfront Park and he puts quotes in here that I don't know where it came from. So I think the article is just not accurate. Mayor Ferre: Well, look, Bill Gebre doesn't need me to defend him, but he happens to be one of the best reporters in this community. So I don't have any problems and I... you know and I'm just as quick to criticize as I am to praise. So that doesn't mean a darn thing. 6$ut I want to tell you something. The question is very simple. Is there, for the record, a shortage of fifty thousand dollars? Mr. Kern: No, there is not. UQ J U L 2 41980 u 0 Mayor Ferre: Is the park being built:' Mr. Kern: Yes, it is. Mayor Ferre: When will the park be finished? Mr. Kern: It's scheduleu far November, completion. Mayor Ferre: Is that complete completion? Mr. Kern: 1e:.. But i will say that we are seeking funds to do more work than was originally scheduled. Mayor Ferre: No, well don't say that because then the... you see, I don't think the problem is with Bill Gebre I think it's those guys that sit in those dark rooms up there on the six floor who get things confused you know. And the next thing you know, is they will say that... they will get all confused when you - say that you are going to do something extra and they are going to say that you haven't finished the park and that you are doing a terrible thing to the community. Now, Jgebre... not Jgebre, but the Miami News does have one valid point. We did make a commitment early in the 70s and it hasn't been met. Now, I'm not blaming you Carl you have only been here for a year and the Manager has been here for three years and what have you. But the point is that this is a commitment made in 1973 or 1974 and I think it is important that we say on the record that we have ull intentions of finishing this park this year, that it will be inaugurated by you say in November, that there is no shortage of money and that... and you know, all this foolishness of the Miami News is just a lot of hog wash. It's another hog wash editorial. Despite the fact that they are right in their basic underlined statement that we really have not shown the priority that this park deserves. Is that clear for the record now? Any questions on that? Any questions from anybody? 31. TRANSFER $62,000 6TH YEAR C.D. GRANT FUNDS ACTION COMMUNITY CENTER, INC. Mayor Ferre: We are now on Item 33. Blanco? Alright, this is transferring $62,000 in the 6th year community development grant funds from Dinner Key Island Park to Action. The City Manager recommends. Are there any questions? Mr. Carollo: Yes, Mr. Mayor. Mayor Ferre: Alright, Mr. Carollo. Mr. Carollo: I would like to have before we vote on this in paper where the $62,000 is going to. Whether part is for transportation or part is for salaries, plus some additional background on where the rest of the money has gone to in this. And as long as I have that I have no problems with it that I see at th}s point. Mr. Frank Castaneda: This is Frank Castaneda from Community Development. At the last City Commission meeting we awarded the Action Community Center, Inc. $30;000 to provide traosportation. I'm sorry, $97,000 to provide transportation. At that time there was an argume..t between the city's staff and the agency concerning CETA position. We tried to work out the difference of the CETA positions and the only agreement that we could reach was to make (word unintelligible) aaning some CE7 positions and give him the sixty some thousand dollars. Mr. Carollo: Well, may be you misunderstood my request. What I'm requesting is that you have in writing where the $62,000 is going to precisely and where the rest of the money that's been from the City has been going to. That is the only request that I.have and I'm sure that it's not of that importance that they can't wait until September. Mr. Octavio Blanco: Excuse me, Commissioner Carollo if you want we can bring to you the last budget worked out and you have all the details and every fund I have distributed and how many people we,are moving and where the monies are going. JUL Mayor Ferre: Alright, any other comments? Is that a foam of a motion? Mr. Carollo: Well, what it means in a sense is a deferment until Septetioer until I have that. Mayor Ferre: Air4ght, there is a motion to utfer :ter: 33 until a September meeting, is there a second? Mr. Blanco: Mr. Mayor? Mayor Ferre: Well, wait a moment. is there a second to the motion to defer? Is there a second? Alright, go ahead Blanco. Mr. Blanco: I -was going to tell you that the way they are working now there is no way that we can keep holding because we are still short on three drivers. If we don't get that money there is no way that we can get the drivers. Mayor Ferre: Alright? Mr. Carollo: In other words you are saying you don't have enough money left to last until September? Mr. Blanco: No, sir because the CETA position has been frozen. Mr. Plummer: Mr. Mayor, I make a motion for approval subject to Mr. Blanco supplying in writing the answers that have been raised here today by Mr. Carollo to this Commission and subject to that condition I move for approval. Mr. Lacasa: Second. Mayor Ferre: There is a motion and a second, further discussion, call the roll on 33. ON ROLL CALL: Mr. Carollo: Let me tell you why I'm going to vote in the negative Mr. Blanco. I have been trying to get quite a bit of information from the City Manager's Office on different programs and so far I have been going around in a circle and have not gotten any request and this is not reflected on yourself or on your program. I want you to understanu that. This has passed already so whether my vote is positive or negative it's not going to affect your program, but I guess you can say that this is a form of a protest vote until I am treated in the manner that is so required in the City Charter be given the information that I have been requesting from a variety of things. Therefore, I will be voting in the negative. Mr. Blanco: Thank you, Mr. Carollo I just want to ask a favor of you please. If you can one of these days pass by our program and check out the way we are working. This way you will find out why the City of Miami's staff are recommending those funds. Mr. Carollo: I will be more than happy to, but again I just want you to understand that my vote is not reflected on you'personally or your program, ok. Mr. Blanco: I know sir. Thank you. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-564 A RESOLUTION TRANSFERRING $62,000 OF SIXTH YEAR COMMUNITY DEVELOPMENT GRANT FUNDS FROM DINNER KEY ISLAND PARK TO ACTION COMMUNITY CENTER, INC. FOR THE PURPOSE OF PROVIDING TRANSPORTATION TO NEIGH- BORHOOD STRATEGY AREAS OF THE CITY OF MIAMI; INCREASING JE' AGENCY'S ALLOCATION FROM $162,720 TO $224,720 FOR THE PERIOD JULY 1, 1980 THROUGH JUNE 30, 1981; FURTHER AUTHORIZING THE CITY MANAGER TO PROCEED WITH SAME. 112 JUL 2 41980 0 0 (Hare follows body of resolution, omi ted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Mr. Plumr.,er, Rev. Gibson, Vic,-uayo: Lacasa and Mayor Ferre. NOES: Mr. Carollo. ABSENT: None. 32. DEFERRAL OF ACCEPTANCE OF BID FOR MOBILE FOOD X;D BEVER.aGE OPERATIONS FOR: GRAPE'LA.\'D PARK, KENNhDY PARK, PEACOCK PARK AND BAYFROti T PARK Mayor Ferre; Alright, we are now on Item 58 which is Lemon Tree Ices. Is there anybody here on that? Somebody requested that a little while ago. 38? Somebody said they were here on 38. You are. Well, come on forward if you want to be heard. The man in the yellow shirt. Mr. Plummer: Are you for or against? Are you recommended? Mayor Ferre: Does the Administration recommend the proposal of Lemon Tree Ices for Dade County Park? Mr. Al Howard: Yes, we do. Mr. Grassie: Let's have Al Howard speak to that Mr. Mayor. Mayor Ferre: Ok. Mr. Al Howard: Yes, we feel that it's needed in the Kennedy Park and it is a bid even though it's the only one that we received for Kennedy it will be good for the area and we do recommend it. Mayor Ferre: Is it a fair bid in your opinion? Mr. Howard: Yes it is. Mayor Ferre: Ok, is there further discussion on it? Mr. Carollo: Yes, Mr. Mayor, how many bid invitations were sent out? Mr. Howard: Approximately eighty bids went out. Mr. Carollo: Eighty bids went out and we only received one returned bid? Mr. Howard: Just for Kennedy. We received four bids, but one for Kennedy Park. Mr. Carollo: Well, I had some very, very mixed emotions about keeping and following the advice of the Administration when some many bids are sent out and only one. comes in. And from the experience that I have had already and the information that I have received -on the furniture bid I'm very leery us of going ahead and approving a bid when we sent out supposedly forty and here we receive only one for this particular bid. I would like to look at this very closely before... At least I commit my vote to it. Mr. Howard: Excuse me, there was two. There was two bids that came into the candidate. Mr. Carollo: Out of forty. Mr. Howard: But the... we contacted people who indicated an interest in Kennedy park, at least eight people.pergonally and told them about the bid. Only two of them decided to bid. They all were aware of it. Apparently they just didn't want to bid on it. This... Mr. Carollo: Do you have any of it in writing from any of these people as to the reasons for not bidding? 11 2 41980 Mr. Howard: No, they didn't return anything in writing. They just didn't submit the bid. But they were mailed applications. It was put in the paper and eighty... Mr. Carollo: When was it put in the paper if I may ask? Mr. Howard: It was put in the paper by the Purchasing Department. Mr. Carollo: What date? What date? Mr. Howard: The bid went out in the middle of June. The closing date was July 9th. I don't have the that it was advertised. Mr. Carollo: The bid went out... it went out in the middle of June. The closing date was what? Mr. Howard: July 9th. Mr. Carollo: July 9th. When was the ad placed in the paper? Mr. Howard: In June, I don't have the exact date of that. Mayor Ferre: Would you submit a copy of that to Commissioner Carollo's Office? Mr. Grassie: We can send a copy of the newspaper announcement to you. Mayor Ferre: Ok. Mr. Howard: With a statement. Mayor Ferre: Alright, you want to make a motion Joe that this be deferred? Mr. Carollo: I would appreciate Mr. Mayor because I don't want to go into something without being able to really look at it closely. Mayor Ferre: There is a motion that Item 38 be deferred. Is there a second? Mr. Plummer: Second it. Mayor Ferre: Alright, there is a motion and a second for deferral of 38, call the roll. THEREUPON THE FOREGOING MOTION TO DEFER AGENDA ITEM NO. 38 to the next commission meeting was introduced by Commissioner Carollo, and seconded by Commissioner Plummer, and was passed and adopted by unanimous vote. 33. ALLOCATE $2,000 QUALITY OF LIFE FUNTDS- provide cash match PAN AM FOR PUERTO RICAN FOLKLORIC GROUP Mayor Ferre: Alright, take up Item 44. Alicia Baro is here. This is a Pan American World Airways has given the Puerto Rican Folk Festival a major grant and she is asking for two thousand dollars for quality of life special programs account for the... to match to Pan American on the airline tickets. The folk group wild perform tomorrow is it? Mr. Plummer: Move it. Mayor Ferre: Yes, tomorrow. Now there is a motion, is there a second? Mr. Lacasa: Second. Mayor Ferre: Further discussion on Item 44, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-565 A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT J U L 2 41980 4 0 :7 NOT TO EXCEED $2,000 FROM "QUi%LI:Y OF LIFE - SPECIAL PROGRAMS AND ACCOUNTS FUND" FOR THE PURPOSE OF PROVIDING A CAbH XATCh W111i PAN AMERICAN WORLD AIRWAYS TOWAIW TRAVEL COSTS AN'D EXPENSES FOR A PUERTO RICAN FOLKLORIC GROUP TO PERFORM Ai T'dE 25TH ANNIVERSARY CELEBRATION OF PUER:O RICO DAY, HELD ON DULY 25, 1980, AT THE CITY CF MIAMI BAYFRONT AUDITORIUM. (Here follows body of resolution, emitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice-'Mlayor Armando Lacasa Mayor Maurice A. Ferre NOES: hone. 34. AUTHORIZE EXTENSION OF AGREZZIENT: NEW WASHINGTON HEIGHTS COMASSITY DEVELOPMENT CONFERENCE Mayor Ferre: Take up Item 27. The City :tanager recommends. Is there any problem with it? Anybody object to it. Is there a motion? Mr. Plummer: Well, wait a minute somebody is raising. Mayor Ferre: You are not objecting to it are you? Is there a motion? Mr. Carollo: Is this contract going to bind the City to an "x" amount of years in a contract let's say with these people or not? Mr. Fosmoen: No, sir. Mr. Carollo: In other words, we will be free? Mr. Fosmoen: The recommendation is to let them spend out the remainder of the contracted funds and attempt to find other funding sources during that period. Rev. Gibson: Move it. Mayor Ferre: Moved by Gibson, seconded by... Mr. Carollo: Second. Mayor Ferre: ... one of the members of the Commission, is there further discussion? Call the roll. -.-- The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-566 A RESOLUTION AUTHORIZING AN EXTENSION OF THE AGREEMENT WITH NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE HEREINAFTER REFERRED TO AS (N.W.H.C.D.C.), DATED OCTOBER 10, 1979, PRO- VIDING FOR THE EXPENDITURE OF REMAINING FUNDS IN SAID AGREEMENT, AMOUNTING AS OF JULY 17, 1980 TO $34,836.80 FOR THE PURPOSE OF FINANCIING THE 1� JUL 2419E4 BASIC ADNIhISTRATIVE CYSTS Or SAID ORGANIZATION IN ORDER TO FACILITATE A TRANSITION TO ANY AL ZRNA- TIVE SOURCE OF FUNDING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissic aer Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Alright, is there further discussion on.... well that's it. Is there anything else you need here? Mr. Moses Florence: Mr. Mayor, we just wanted to make one observation. At the time that you requested the staff to go back and... to reconsider the possibility of New Washington Heights continued funding there was also an indication in there in reference to the capitalization of the L.D.C. The Local Development Corporation which we have established and this resolution addresses the funding and we appreciate the consideration of your staff in working with us on that. However, we feel that the other item is still undone and we still need to bring back to you recommendations from your staff as to the shopping center facility which we had discussed at that time. Mayor Ferre: I'm sure that will come before us. Mr. Florence: Right. And that consideration be given to community development groups such as New Washington Heights for the development of that shopping center as the capitalization of our L.D.C. Mayor Ferre: Alright, Mr. Florence. 0 0 35. NEW SOLID KASTE PLAN-DiSCLSSIO` AND SEE RESOLUTION NO. 80-612 SA:L: MEETING mayor Fercre: Okay, lets start with Solid Waste on item "K". He's not here, oh, there he is. Okay. Mr. Carollo: Mr. mayor, I think maybe this item is going to take: more than ten minutes possibly. mayor Ferre: Why, do you want to break in ten minutes? Mr. Carollo: Well, we said we were going to break in ten minutes. Mayor Ferre: He's right, he's right. I don't, will it take more than ten minutes? I think everybody kind of has their mind made up on this. Mr. Carollo: I know I do. Mayor Ferre: Make your motion. Mr. Carollo: I've looked at the different proposal that you made. You made some changes in there, ver7 s.inor. It's basically the same proposal that we were presented with before. Mr. Patterson, I again will try to go over some of the reasons I stated previously that I'm against this. Number one, I've gone to stores locally, K-Mart, Pantry Pride, I can buy a galvanized trash can or a plastic can, twenty gallon ones for between five or six dollars each. For two of them ten dollarF or twelve dollars. That's the price I can buy one. Now what you are proposing is that the citizens of Miami go and put twenty-five dollars down as a deposit on this new trash can or trash container of yours, eighty-two gallons. If anything happnes to that, they dre going to be responsible for it. I feel that, you know, the American way is not to force something down peoples throats. hive them the liberty to pick and buy whatever type of trash containers they want. I, one of the areas that we see more eye to eye in is the curb side pickup. I think it's a matter of time, sooner or later, for the City of Miami is going to be forced to go to that. It's a matter of dollars. I think that it would save the City a tremendous amount of money. One of the reports that I understand that was made, one of the estimates was between three and four million dollars if we went to curb side pickup, in savings for the City. But the proposal that you are :raking, there is no way in the world that I can go for an eighty-two gallon container for the reasons stated. Plus I just can't see the little grandmother across the street pushing that eighty-two gallon container no :natter what you tell me. Now, I've spoken to people in the County, they've told me they've had a lot of problems with the lids breaking and then how many garbage collectors are you going to need to lift that and dump it into the truck. I have problems with that. From what I've spoken to, theysass roots revel, the guy out on the street collecting that garbage can, they are not overly excited. At least people that I've spoken to,aDout the system that has been implemented there. Now my motion is that this proposal be denied and we go back to the system that we had and maybe make some changes but the eighty-two gallon container, I can't buy that. That's my proposal. No eighty-two gallon container. Mr. Patterson: Mr. Mayor... Mayor Ferre: Wait, wait, we have a motion. Is there a second to the motion? That... ' Mr. Carollo: No eighty-two gallon container. 117 JUL 241980 ist 0 0 Mayor Ferre: ...the whole thing be denied. Mr. Plummer: I want to hear from this,gentleman. I want to hear from him and hear from Patterson before 7 rr,a:tie a motion. Mayor Ferre; Go ahead. Mr. Hines Breeden: Mr. Mayor and members of the Commission, Hines Breeden, President of Sanitation Employees Association. First, the plan is that, if you approve it, that it will be three men to the truck. There is no way that you can keep the City clean with three men on a truck. Second, that you, they are going to cut jobs, and we don't need that in the City of Miami now with the rioting that's going on because in the black area, we don't have jobs for a lot of the blacks. Third, what it is going to do, I would like for this Commission to look real hard at that. See, these guys that will be out of a job will be the guys that were rolled back from the hill and went as stand-by laborers. All the latin guys that were there were on CETA has gone back and come as a 99, which is a stand-by laborer and worked their way, just beginning to make regular, would be the ones that will lose out. And I don't think this Commission wants that to happen, and I don't think they want another riot in the City of Miami because of jobs. And I feel, I want this Commission to look at it real hard, that everytime it comes this time year, here comes the Sanitation. I know that we are eighty percent black there and I understand that. But I remember the time that the black that were there weren't allowed to put their lunch in the truck, in the cab of the truck. Things have changed but I'm speaking about today, wnat's going to happen tomorrow and I'm not going to worry about what happened ten years ago. I'm asking this Commission to not approve this plan and save the jobs of Sanitation. Thank you for listening. Mayor Ferre: Pat, you better answer the questions as to whether anybody is going to get laid -off on this. Mr. Patterson: Yes, Mr. Mayor, I addressed that in the report. There will be no lay-offs, that is in the report. It will be handled through attrition as people retire and leave the job, we just will not fill those jobs in the future. But there will be no lay-offs as a result of this program. Mr. Carollo: I think this man here has had quite a bit of experience in that area too and if he shows concern and fear in that area, I think this Commission would be wise to hear him out. Father Gibson: Mr. Mayor, I want to speak to this issue. Mayor Ferre: Go ahead, Father. Father Gibson: I'm not going to worry about jobs,21m going to worry about whether or not this City is going to be clean. That's all I'm concerned about. I told you all, and I went to Germany about two years ago, I came back here talking in great language about Germany. Seeing the clean city. I said to Mr. Patterson, and I've said to the Manager, whether you reduce the number of jobs or increase them, I don't care. I'm saying that I want the City clean. Now, if I have the assurance that what you ' are goincg.Lo do, you :are going to be able to clean the city I'll buy it. . I told you when you came to me that the one thing I will not buy is for you to have a list of names of people saying well, you know, in this block you have fifteen people who are indigent. I'm not going to buy that. You give me some symbol of a kind or emblem which says, on this piece of of property, and I want that emblom attached to the property and not to the person. So, that you know, those guys who pick up those drums and cans can't pass -the buck and tell us that lie. Yes. Precisely. You know, if there is an drange sticker, or green sticker with the emblem of the City on it, whatever that is, that's not my concern. I want that differential. Let me say something to you, Mr. Carollo, Mr. Plummer, Mr. Lacasa, Mr. Mayor, there are no free lunches. Absolutely no free lunches. I have a house in the county, I don't know how many of you have, and I want to tell you this, the County charges a hell of a lot 11 t l n e4 1 nQM ist J '' ti 1 6+W l 0 0 Father Gibson (continued): more than the City. Don't tell me they don't, I pay fifty-two dollars every six months. That is of this year. Now what's going to happen when the year comes, i don't know. And I'll tell you this, they don't go ba-K there and get your garbage either. I lust thought I'd better put that on the record. And I said to Mr. Patterson something else. I resent having those men, in order to save time, cross over other peoples lawns, cross over mine. That's why I ,seep mine up. And you know, part of the deal is we run from this lawn, to that lawn, that lawn in order to save time. And now I want to say the last thing. Mr. Breeden, can't nobody tell you I'm not the friend of the Sanitation workers. You tell the brothers that I have some concern about how thorough they are in their jobs. You tell them that every job requires some artistry. Let me make this observation. Mr. Patterson, since you are the Superintendent, since you represent the union, when you all empty those garbage containers, I want to make dog gone sure you understand. I don't want to see any more garbage on the street nor oi, the sidewalk nor in Lhe people's yard. :pow, you know, white folk don't have that as a problem because they will nick up chat telephone in a minute and harrass you to hell. Unfortunately, you tell my brothers and all those dumpsters, Mr. Mayor, you ought to gear this because I haven't been able to get this resolved. Ai: those durnpstt;rs that are on City property, I wish the Commission would send a message loud and clear that you want them off. Those landlords who don't have enough land and because the Building Department permitted them to do what they did, they ought to make them take those dumpsters off City property. Plummer, with all your civilians and all that business going around with the Police Department, you didn't know that did you? Fight on City property, the sidewalk, those dumpsters are there. Isn't that right, Mr. Patterson. You have to tell me yes because I took you and showed you. .a-. Patterson: That's correct. Father Gibson: okay? And something is wrong that the City isn't m"ing chose folk get those dumpsters ozf the City property. Just like the City isn't making those people take those air conditioning units off those wails and riving me a lot of who shot John. Let me see, where is that man who is in charge? Where's the man who is over the Building Department. I want to put it all out here. He's here, short heavy, what's his name. Mr. Grassie: Jerry Salman is not here, Father. Father Gibson: Right. Those ... you see, I'm going to Say something here that you didn't want me to say. When it gets out in the black area, they aren`t too concerned about keeping the code. We have sidewalks out in the Grove that water comes all over it. You didn't know that either, Plummer. I'm going to show you tomorrow. You make some time. Yoe walk down on the sidewalk, and man, water is dripping all over everybody. That's City property. And they ought to put those air conditioning units on their property or let them drip off in there. IrR saying to this Commission, just like somehinq happened in the zoning the other day I didn't say anything but I'm going to point this out. When we redesigned, Mr. Grimm, you know this, when we redesigned, when we designed those streets out there in the Grove, we designed tiwm with' a purpose: And ju,._ the other day, you know, the -building Department and dll the rest oC e*m gave a variapce on the oacher of hibiscus and Charles. You know, sat backs for us. are just lief get backs for bhite folk. I want to magi sure and put that in the record. They put one set of rules when it is out where we are and another set of rules where somebody else. Noboft can say I'm -lying. I'll tads you out there and show you. And I'm going to make this final comment. We have more car garages in resi$gptial areas where black folk live than Monroe Zeiler, or North Side, or Deel For%4 have. 'Don't tell me I'm lying. I sboWed you and Z showed the Bust;ding.pepartmenr. That's pare of the probl4vs. out there. That's whyyou'see what's happening out there happen.. That's why ill that temper and anger and bitterness is out there. Because you know what people are saying? That you can do anything in our area 1L9 J U 1.2 4 iy$0 ist --- Father Gibson (continued): but you can't do anything in the other areas. And if zoning is zoning in the City ... the zoning ... Mr. Lacasa, I was delighted to second your motion and I seconded that motion because I said I expect all of us to keep the law and live by it. There can't be no law for black folk and law for white folk. Now finally, Mr. Patterson, if you could convince me that the City is going to be clean, you know, and you convince me that you are going to have those different signs for the indigent and those who can't get out there, I don't have any problems. And this baloney about, you know, don't want to raise taxes, I'm not at that point in my life. There are no free lunches. And you have to admit, in the County, I happen to be a living example, you pay fifty-two dollars every six months. You aren't paying nothing in the City. Mayor Ferro: All right, where are we? There was a motion by Carollo. There was no second. I'll ask one more time. Is there a second? Okay. What's the will of the rest of this Commission? Mr. Lacasa: Mr. Mayor, I move that the proposal with the seventy-five dollar fee, but with the containers free to the residents, be approved. Mr. Plummer: Well, I'm not voting for without it because to me, the thing on the record, what we are talking about :is to go to the twenty-five foot to the hundred foot. Mayor Ferret Wait, do you accept that as part of your motion? Mr. Lacasa: I accept that as part of my motion. Mayor Ferro: With the condition that the new trash can, or whatever you call it, is no more than a hundred feet from the property line. Is that correct? Mr. Plummer: From the property line. Mayor Ferro: Okay. And that the individual who is handling that has to pick up that unit and bring it back to wherever it is provided that it is within one hundred feet. Now, for example now, my property, my former property on Brickell Pvenue, my garbage cans are about two hundred and fifty to three hundred feet from the property line so I have to bring mine up to within one hundred feet of the property line. Mr. Plummer: Well Mr. Mayor, I think that if you said one hundred foot... Mayor Ferro: That would cover eighty percent, wouldn't it, Pat? Mr. Plummer: . ..I think �t would cover more than eighty percent of the residences andit...of course, the problems with commercial, I think most of the commercial places are now under commercial haulers. So to me, it more or less placates no curbside pick up within the hundred feet. Mayor Ferro: Mr. Patterson, did you hear what Mr. Plummer said? Mr. Patterson: Yes, sir. He is saying that the container would not be at the twenty-five feet that we recommend but rather one hundred feet. Mayor Ferre: up to... Mr. Patterson: up to one hundred feet. Mayor Ferro: ...it could be twenty-five feet if somebody... Mr. Patterson: Not more than. Mr. Plummer: And lets understand each other. That means that the man will bring that from the hundred feet, to the truck and return it. Father Gibson: Yeah and not thow it on his lawn -That's what he's saying. Mayor Ferro: Okay. Now, do you accept that in your motion? u 4 1980 �_� J 0 0 Mr. Lacasa: Yes, I do. Mayor Ferre: All. night. Now is trere 1... Father ,,it so :: :.et me makc... I want to also add to it. I remember we discussed last_ tine that the disabled citizens, that provision is... Mayor Ferre: Wait, and there is a provision that the handicapped re treated a special way with a special marking. rather Gibson: Right. Mayor Ferre: Is that acceptable. Plummer, do you accept that? :1r. P-luaner: Well Mr. Mayor, 1 don't think it really will come into play at this Point simply because, you know, the handicapped, hopefully, will have their container within the hundrea foot and it's nut going 10 cost them any money. But yes, I do agroe with the point. Mayor Ferre: All right, the motion has been moved. Are you :seconding? 'Ir. P].uzlrer: Yeah, I'll second it. Mayor Ferre: Is there further discussion? Mr. Carollo: Yes, Mr. Mayor. Mayor Ferre: All right, go ahead. :... Carollo. •iow many of these containers... Y Patters-)n: A fae of seventy-five dullars? Excuse me, Commissioner, I was tryi:,g zo fine out what the answer was here. r. l iuriu^�r. It was my understanding that the fee was going to be seventy-five dollars. Mayor Ferre: And no charge for the container. li-- Laca=a: And no charge for the container. :X. Patterson: The proposal has seventy dollars in it. Do you want seventy-five dollars with no... YX. Lacasa: No, seventy, seventy. Whatever the proposal is with the understanding that thera will be no charge for the container, and no deposit. "s. Plummer: Seventy-five is acceptable to me. Mr. Patterson: I just want to make sure I got that one straight. That's seventy-five dollars. Mr. Plummer: That's acceptable to me. 'dayor Ferre: See, and that puts it, Metro is at one hundred and thirty, isn't it? Mr. Patterson: It will be one hundred and twenty this year. Your first bill is fifty-two but the remainder will be on in the last half of the year. Mayor Ferre: how about Coral Gables. What are they at? "fir. Patterson: Coral Gabled is at sixty dollars now and they are going to increase theirs because the resource recovery cost for them next year is going to be higher to. They don't know where they are going to increase it to. 12.1JUL 415a0 ist A 0 Mr. Plummer: Well lets put one:ther thing on the record. All right? Of that fee, whatever it is the City is paying, or will be paid by the tax payers, how much of that is going to Metropolitan Dade County? Mr. Gary: Forty-three dollars. Mr. Grassie: Forthy-three dollars out of the seventy-five. ys. Plummer: so in other words, the thirty-six that we're presently charging, wouldn't even cover the fee that is being charged by Metro Mr. Patterson: That is correct. _ Mr. Plummer: Okay, I just want that on the record. Mr. Carollo: Would you find it reasonable to say that we would need approximately two hundred thousand containers? Mr. Patterson: No, we need ninety thousand containers, roughly. MT. Carollo: Ninety thousand containers. Mr. Plummer: Mr. Mayor, I don't think it's necessary, but maybe to help alleviate Mr. Carollo's mind and mine, it should be stipulated on the record, that will be the purchase of those containers will be done in competitive bidding. Mr. Patterson: That's correct. Mr. Plummer: Just put it on the record. Mr. Carollo: Yeah. I guess this Zarn Roll that you put here will be one on the bid right. Mr. Patterson: There's about eight different companies that manufacture that container, Commissioner. Mr. Carollo: Eight. Mr. Patterson: Eight different companies now on the market that manufacture that. Mayor Ferre: Ask him how many are from Grand Rapids? Mr. Carollo: The Mayor wants to know how many are from Grand Rapids? Mr. Patterson: None of which that I know of, Commissioner. Just as a matter of information, that container has been on the market for about eight years. And I was among several directors of sanitation throughout the country who helped to develop that container as a product which is. now on the market. Mr. Carollo: I realize that Mr. Patterson. So we're talking ninety thousand, lets rouri it off to one hundred thousand. We're talking that it's gong to be approximately fifty dollars, according to what you stated to, in buying each container. You're saying fifty, it will probably and up being sixty, but lets say it's fifty dollars. Okay, fifty times one hundred thousand, we're talking about approximately four, almost five million, four million nine hundred thousand dollars, approximately. Eight hundred thousand dollars. Mr. Patterson: It will come to about four point two million dollars. Mr. Carollo: Where is the City coming up from that money from? Mayor Ferro: From seventy-five... �� JUL 2 41980 ist us. Patterson: T:i th, report that we recommended to you, it Comes trom Pc_ lL:tion b�ncl Control fuses. Mr. ,ar.,;la- That's not going to affect any other areas, the other money could Y istd for? Mayor Fcr-e: Probably out of the fees a little bit. 'dr. ^.r-,ssio: The initial plan, Commissioner, was that half of the 7(.st, in other words, two and one half million dollars would come .from ,ollution Bond funds which would not affect anything else, and the other half wr,uld come from the deposits. Now, the City Commission has just • (sstabiished a policy which would change that. And now I have to go back and see how much money, total, we could get out of Pollution Control Bonds. Mr. Carollo: In other words, you're still not sure where the money ij coming from. Mayot Ferre: It's going to come out of the seventy-five dollar fee. :r. Grassie: Not since you've changed the rules on me in the last five minutes, no. Mayor F'erre: Well not quite the last five minutes, Mr. Grassie. Mr. Patterson: Since the fee was changed, that changes the whole plan.. ThP plan represented half of that coming out of there but are adequate mc.iias out of the bond funds to ;ay for the whole cost of the thing. F;,rre: Pat, George wants to say something. I mean Steve. Mr. Steve Dolnick: Steve Dolnick. Commissioners and Mr. Mayor, C��y .:.inager, ri.-Tnt now I think that the City of Miami is start_n7 to pull out of several different crises. Am I right? Mayor Fe r re : I hope so. Dolnick: I rope so to for th_ Lest of all of us, believe me. I am thinking why are you qoing to let Mr. Patterson put another crisis on? One that is going to affect every single member of this community because of this reason. First of all, you're going to have taxes come up o% them. Second of all, these containers, sixty p,.rcent of them are goinq to be left without lids on and no way in Gods green acre is people going to be abl-_ to move them when it rains in them. Third... 'Mayor Ferrel When the rain is in them? 'sir. Dolnick: Plus, when they fill them with grass and set the garbage by the side, you can't put holes in them, Mr. Mayor because then the :;moll and everything will run out on the ground. And I don't think you've been by an irate woman who really gets mad when the smell comes on the ground. I live in the County. Mr. Patterson is proposing the mane t:-,iny that he gave to the County, he did not ask the people if they tisnted to v:,e on it. They gave it to them. I have a trash pile out in --rout of my house now that's been on call for two weeks. Mayor Ferie: In the County? Mr. Dolnick: In the County. It is enormous. Because everybody sees that little pile and they add to it. So consequently, it is an enormous p.le. They will send out four trucks and a crane, right next door to me �_.,n be another pile of trasn, according to Mr. Patterson's old order whan he was with them, they cannot pick up that pile next to me even though they have three extra empty trucks. Those trucks might go a mile away to pick up another pile, two weeks later, they will come back to pick up the pile that they were right next to. I am telling this for gospel truth because this is what the drivers tell me. These containers 123 JUL 241980 U Mr. Dolnick (continued): will not: oe able to be moved. :fir. Ferre, several years ago you made a cG.=n-tment to the 2eople in this City, there will be no curbside service. Mayor Ferre: we're not going Lo curbside service. Mr. Dolnick: Thib is worse than curbside service. I say to you this, and I said it to Mr. Andrews, :Mr. Reese, and everybody else, and I'm saying it to Mr. Grassie, you have only two alternatives, to work out a different way but keep the sama amount of men or go curbside service. Not trash and garbage pickup combined, because I can take you to Bay Point and I can show you bags of garbage that Mr. Patterson who live in the back of the house, that he will not be able to pull himself. It will _ take three men to pull out a bag of this grass. And I am telling the gospel truth. You are asking workers down there that are human beings,' :Mr. Gibson, and I'll tell you and I think Hines Breeden will bear with me that a lot of them have been through holy hell. And they will continue being through holy hell because every time there is a cut, it seems the Director of Sanitation wants to come up with some qreat ideas. Madeira did the same thing and he was from Grand Rapids, I think. Mayor ?erre: Steve, you're a hell of a bartender. Father Gibson: I just want to make sure, yr. Patterson, that everybody understands. I am for what you are advocating, with t::z full inderstanding. And I don't want next year this time to hear anything other than that, otherwise, Mr. Grassie, I'm going to take off my clergy collar. Okay? I want to make sure that there is not a reduction in that staff because you are economizing an4 this City is not clean. Now, whether you need three hundred men or three hundred and fifty men, it's not my business. I'll tell you this, I'm going to be raising holy hell if this City is not clean. Mayor Ferre: Pat, we have to vote on this so make your statement quick. Mr. Breeden: Mr. Mayor, excuse me. Is this on the first reading or is this it? Mayor Ferre: No, this is just a, this is a, it is not an ordinance, it is just a motion. Mr. Grassie: We are going to ask you to formalize it as a resolution, assuming that you approve it. !,,Ayor Ferre: It's a resolution. Pat, would you answer it quickly so we move along. Mr. Patterson: I just want to assure this Commission some of the comments of course, that have been made here are unfounded. I only have twenty years of experience in this business and I can tell you that this system works. It works very well. The lid is attached to the container, it's• not a container where the lid comes off and goes someplace else. The City of Atlanta has this in the enitre City and it worked beautifully. So if you'd like to , when you are up there, ask one of the people there. Mayor Ferre: Thank you, call the roll. � 1UL %'f'9 0 T, M P T,'- -1 4 AS TASSED AND VK12TED BY THE VO T L : AY' J) Cornv,i�s:oii,,r (Rev.) Theodore R. Gibson Y,,A;or A. Ferre V"oe ld:3S'NT: Nonp SA.-V NOTION WAS DFST,7%ATFD MOTION NO. 6C-56-, LATER by �50LUTLION NO. :)0-r12 ) (,fort: I vote, l'o likes to state even clear,--r wnv I xnz-v use the exprt::6oion, I think this whole Ty rea.;o;.,, for vctin,; no is that I ;ust cannot L:. -Oalb why this is beinq pushed down our throats the way it is. i)reaa-2 -,-..re nun�zt-1 of furniture from Grand Rapids, -i-,e see ^attern. F,r.3 this is why I am voting no along it-n lc—c- other red; .),iZ that I . tated. If the people this proposal tric pe `,at collect the garbage. az nst t, r-t;!.Li Yoe right there. tic. j.amer: Are. we �,otinc on ..':is re�o!Llti.on? -k'ro vc,ti.lq or, t-e Mor Mark, you bt-tl+!r do your resolution c,vt--r a,7ain. beqir. to speak ro ghat the motion sayL;. right, we're going to breaf. for half an hor. oin,;e .-Jne o'clock in the morning. We'll be back in half —7,1 r . t,e City Co-:nis�-on races:-e- at ---56 P.M.. and reconvened at 7:25 P.M.., with all merabecs of the City Commission found to I- v present. U 6 36. PERSONAL APPEARANCE: ELI;.ABETIH �'IHRi:'r, kE: BU::i1iG PROGRAM Ms. Elizabeth Virrick: Mr. Mayor and Commissioners, as you know the amateur boxing program has been discontinued while the repairs were made to the roof of the gym and while the refugees were there, but we are planning to start the program again on the 1st of October and there isn't much time because there has to be a talent search for a coach as you know and there have to be a great many things done in other to get the program started by that time. So I didn't think anymore time should go by until we found out exactly what the Commission has decided about it. What I asked for when I was here the last time was that the coach be... the City give the salary of the coach to Coconut Grove Cares, so that Coconut Grove Cares would be in control of the program because it got ilito the disarray it was in because of the fact that we did not have control of the program and we don't want that to happen again. And I don't need to tell you... you know about the program. You know what it does for the community. There is no use taking up your time when you are already so far behind, but I just came to find out what the Commission wants to do about it because it has to be done quickly. Mayor Ferre: Mr. Howard, do you want to address yourself to this issue? Mr. Howard: Yes. he have written to two coaches to see if they are interested in coming to the Miami area. One is nappy and the other is an olympic coach and if they are willing then we are going to sit down and talk with them and see if we can come up with the position. We just sent those letters out about a week ago. They are involved with the preparation for the olympics even though there is no Olympics they are involved. So I imagine we should hear from them within the next two or three weeks, hopefully. Mayor Ferre: The letter just went out a week ago Elizabeth. Now, what is your recommendation of what you think we ought to do? Ms. Virrick: My recommendation? Mayor Ferre: Yes. Ms. Virrick: That we are able to get the program going again and keep if from having the things happen to it that happened before. Mayor Ferre: What is the time schedule Al? This is an issue which really... Mr. Howard: The bym will be ready to go on Ocotober 1st and I have met with Ms. Virrick and that's when we are planning to get back into the boxing program again in October. If we hear from the coaches and it's on the affirmative and we can find the right man within the next month, then we would go ahead and try and come up with the funding to employee him. And then start the program off with him directing it for Coconut Grove Cares and the City of Miami. Mr. Plummer: Well, Al let me ask you a question, because you know, there no use kidding each other. What are you talking about in the amount of dollars that you are going to be able to offer the man because you are not going to get a top notch guy for twelve -thousand lollars. Mr. Howard: I would say we are talking between eighteen and twenty thousand dollars. Mayor Ferre: Could we have this matter settled hopefully, once and for all in the September meeting? (BACKGRObID COMMENT OFF THE PUBLIC RECORD) Mayor Terre: You know, we would all like it. Really this has been four years of going around in a circle on this. Could we get it settled by... even if it's the lateral part of September? Al can we put a.date on it? We will settle this by September Elizabeth, ok. 0 0 Ms. Virrick: I can't hear you. Mayor Ferre: We are going to settle this by Septe-'_)er. Ms. Virrick: You see there is a great uoaL r_oru to do than that. We have to recruit boxers and ,CA boxF:ra t:aineul before they car. go into a match. There is a great deal to do besides just finding a coach. Mayor Ferre: Elizabeth, first things first. We need to gat a coach. Ms. Virrick: Yes, we have to have a coach first. Mayor Ferre: Once we bet the coach, the:i I think yr. ?toward will come back in the Septer,,.ber meeting with a full program. You will be advised and we will discuss the whole thing with you at that time. Ms. Virrick: Well, now unless you tell me how to proceed. I won't know `:ow to proceed. There are a great many things that have to be done even before we get a coach. If we are not going to be in control of the program. I have to know that now. Mayor Ferre: I think the recommendation of the Administration is that the City Administration control the program. Is that correct? Mr. Kummer: The program, but not the actual boxing event. Mr. Howard: The City controls the program now. As to Wednesday night events the Coconut Grove Cares is control... runs and operates. Mayor Ferre: In other words what he is saying is that he wants to continue the process where the City controls the program and Coconut Grove Cares controls the Wednesday night boxing, ok? Ms. Virrick: Yes, that's the way it was. The training is under the City and the Wednesday night fights under Coconut Grove Cares. Mayor Ferre: Right. We just got to get back and do it all over again Elizabeth. We have got to do it over again. Ms. Virrick: Not the way it was. Mayor Ferre: No, not the way it was. Well, I told you that four years ago. Ms. Virrick: I know. So did J. L. Mayor Ferre: Ok, we will see you in September then. Is there anything else we can do for you tonight? Ms. Virrick: it's going to save us a mighty little time. Mayor Ferre: Well? Ms. Virrick: You all don't meet in August, do you? Mayor Ferre: No. Ms. Virrick: Well, then we can't do anything else. Mayor Ferre: —That's the point. Ms. Virrick: Well, do you... is this talent search going on now: Mayor Ferre: Yes. Ms. Virrick: Ok, I guess that's the best we can do then. Mayor Ferre: I think so, ok? Is there anything else we can do for you? Is there anything else? Ms. Virrick: No, not at the moment. Mayor Ferre: Ok. Good to see you well. Good night. _M_ - J U L 2 41°80 6 4 37. GRANT REQUEST OF LUIS SABINES, PUSIDE.\T CF .%:a-'R1CAN CIL%MBER OF CO?VERCE FOR StPPJRT FUNDS ',."c.: S'5,000 CO-SPONSOR FILS ► HEMiSrii;:d1C CONGRES1, OF LATI.N CiiAMBERS OF COMMERCE IN NI.kMl mayor Ferre: Alright, at this time we are going to take up Mr. Luis Sabines. Mr. Sabines has be.Z ra us a letter and I will read it. It's dated July 16th and it's address to Lae. Through mc. to you. And the letter says the following: "In our efforts to continue strenghtening and improving interamerican trade the first hemispheric congress of Latin Chambers of Commerce will be held in Miami on September llth and 13th. This Congress aims at establishing a working network of communications among the Latin Chambers of Commerce and the United States and the Chambers of Commerce and industry in Latin America and the Carribean. it will develop and form an information system to assist private industry in key needed areas and examine the advantages of private enterprise of using the Chamber of Commerce as a venue for interamerican trade. We expect a high level participation from key Chambers of Latin American and Caribean Caramas, such as Fe de Uamaraa, in Venea,.ela, Confe Camaros in Colombia, the Chamber of Commerce oL Uuayaquil, the Chamber of Commerce of the Republic of Argentina. A strong participation of the Latin Chambers of Commerce of the United States is also expected. It is our inderstan,iing that the City of Miami and Metropolitan Dade County's joint effort in sponsorini, projects dealing with trade, commerce and tourism. We are respectfully requesting that under the leadership of the City of Miami twenty-five thousand dollars be allocated to co-sponsor this important event. I leave it to your discretion to study this project and ask that you please consider this correspondence as an official application for funding of this important hemispheric event. President Sabines, (SPEAKS IN SPANISH). Alright, the request therefore is that twenty-five thousand come from the City of Miami and twenty-five thousand from the Metropolitan Dade County. Mr. Lacasa: Mr. Mayor, usually I would support this type of request. In this particular instance I feel that it is even more important that we proceed in this fashion. Just in going back four or five hours during our discussion concerning the recent civil disturbances and after having shared with this Commission the kind of promotion that the press has had in Latin America concerning the situation in Miami I feel that if this proposal insures the City of Miami that it will result in improving our imago through the interrelationships with the Chamber of Commerce of those respective cities will be money well spent. I would like to ask President Sabines certain questions relating to the project. (SPEAKS IN SPANISH) . Mr. Luis Sabines: (SPEAKS IN SPANISH). Mr. Lacasa: About sixty thousand dollars has... Mr. Luis Sabines: (SPEAKS IN SPANISH). Mr. Lacasa: Just a minute let me translate. He says that we were present when they invited and had a convention with all the bankers from South America and they had about five hundred bankers from South America. Mr. Sabines: (SPEAKS IN SPANISH). Mr. Lacasas: And there was also a convention in Miami of the Latin American . Chambers of Commerce that all of them came to Miami and they have confirmed the reservutioas from eightee, Countries with more than forty different Chambers of Commerce that are going to come to Miami. (SPEAKS IN SPANISH). Mr. Sabines: (SPEAKS IN SPANISH). Mr. Lacasa: The question was that wn-t kind of impact does he feels that this type of relationship will have as far as the City of Miami image is concerned and ti-e answer was that they are going to work precisely on that. On the improvement of the image of the City of Miami through the different Latin Chambers of Commerce in Latin America. I have no further questions Mr. Mayor. Mayor Ferre: Alright, any questions'from'other members of the Commission of Mr. Sabines? Any comments? Alright, what"s•the will of this Commission on the request? 2R J U L 2 4 i%980 6 0 Mr. Lacasa: I make a motion that the request be approved and that the City Manager be instructed to allocate twenty-five thouFand dolla-s to the Latin Chambers of Commerce for this purpose. Mr. PlL-mer: Second. Mayor Ferre: It's been movea and seconded, further discussion? Mr. Fosmoen: I wonder if part of that motion could include that some of their activities has been coordinated through our office of Trade and Commerce Development. Mr. Plummer: Yes. Mr. Lacasa: Definitely. Mr. Fosmoen: Ok. Mayor Ferre: Yes. The motion contains tree proviso teat the money :rust... entails a coordination with our own department. In other words that it should... (SPEAKS IN SPANISH). Evelio Ley is coordinating the Trade Fair. So... not the Trade Fair, the... what's it called? The Chamber of Commerce International Chamber Meeting. Mr. Fosmoen: Ok, but I assume that, that's a side contract that Evelio has with the Chamber. Mayor Ferre: Ok, is there further discussion? And in the record it also reflects that we that Metropolitan Dade County is going to ;catch... Alright, is there further discussion, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 80-568 A MOTION GRANTING A REQUZST MADE BY LUIS SAEINFS, PRESIDENT OF THE LATIN AMERICAN CHAMBER OF C0NNERCE FOR SUPPORT FUNDS NOT TO EXCEED $25,000 AS CO-SPONSOR OF THE FIRST HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE IN MIAMI; FTJRTHER STIPULATING THAT THIS ACTIVITY BE COORDINATED THROUGH THE CITY OF MIA`SI DEPARTMENT OF TRADE AND COMMERCE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. U . SECOND READING ORDINANCE: INSERT NEW ARTICLE XXI, -5 SPD-3 BISCAYNE NORTH SPECIAL OVERLAY DISTRICT Mayor Ferre: We are now on Item 1 of the 7 o'clock agenda. Mr. Plummer: Move 1"A" for second reading. Mayor Ferre: Alright, there is a motion on 1 "A", seconded by Gibson, further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE :NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY INSERTING A NEW ARTICLE )aI-5, SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT :MAP MADE A PART OF SAID ORDINANCE :NO. 6671 BY REFERENCE AND J U L 2 41980 129 P 0 DESCRIPTION IN ARTICLZ III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THER50F IN CONF:..CT; AND CCti k7 ;1 A SEVFRABILITY CLAUSE. Passed on its first reading by title at the meeting of Jane 26, 1980, was taken up for its second and :final rv:ding by title and adoption. On motion of Commissioner Piuzmer, secur.,Ac:a by Co=-,,issioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson ViceMayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANNCE NO. 9133 The City Attorney read the ordinance into the public record and announces; that copies were available to the members of the City Commission and to the public. 39. SECOND READING ORDINANCE: APPLY CERTAIN CHANGES OF ZONING BISCAYNE NOR:'H SPECIAL OVi'ELAY DISTRICT PROPERTIES IN THE VICINITY Or BISCAYNE BLVD. BET'w.EN N.E. 50 TR. 6 N.E. 87 ST. Mr. Plummer: Move 1 "B". Rev. Gibson: Second. Mayor Ferre: Alright, it's been moved and seconded, further discussion, read the ordinance on 1 "B". 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 AN THE APPLICATION OF THE BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT TO PROPERTIES IN THE VICINITY OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 50TH TERRACE AND NORTHEAST 87TH STREET, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 26, 1980, was taken up for its second and final reading by title and adoption. On oration of Commissioner Plummer, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commis ones Joe Carollo Commission J. L. Plummer, Jr. Commissioner -(Rev.) Theodore R. Gibson ViceMayor Armando Lacasa Mayor Maurice A. Ferre 130 J U l & 1t 1980 Oak NOES: None. SAID ORDINANCE WAS DESJI .�A:ED NO, 9134 hr City �ttor-.:v re.id the .,:rr, the public record anal announced tint cwere availaa.e to Cne a,embers of the City Commission and to the public. 40. SECOND READING ORDINANCE. Mayor Ferre: We are on Item 2. `4r. Lacaba: Move. Mr. Plummer: Seconded by Gibson. CHANGL ::0`I\G CLASSIFICATION 665 N.E. 601r. STRE:T FROM R-1 to R-3 , -jr Ferre: Alrigrit, it's been moved and Seconded, further discussion, read the -rdinancc. Call tic roll. Oh, I'm sorry, Mr. Cruz you want to say something in opposition? Go right ahead. Mr. Plummer: On Item 2? Mr. AlviS w;lliam Cruz: Yes, that's right Item 2. My name is Alvis William Cruz. I live 631 Portheast 57th street and the neighborhood that you are referring to it, called Morningside and I don't know if you City Commissioners are very familiar with the area, but it's very much a low density area. it's one of the nicest neighborhood., in the City of Miami and probably one of the oldest and at the North end of the neighborhood you come across 60th Street and right away there is like a dramatic change in the characteristics of the neighborhood. Instead of single family residences you have this one block that has an apartment house on it and it sticks cut like a sore thumb and really breaks up the continuity of the neighborhood. And I have a petition here that I had signed by several residents of the area that are against the proposed change. I missed the first reading because I was working that day. I didn't think this could possibly passed. I'm surprised it did. Let me read the petition "To the City of Miami Commission; We the undersigned are opposed to the petition for change of zoning classification of the site at approximately 665 Northeast 60th Street from R-1 one family to R-3 low density multiple. We feel that any increase in the density of the neighborhood leads to a decrease in the standard of living and that this change would set an unwanted precedent by disrupting the continuity of the Morningside area". You all want to have the petition? HzIlo. Mayor Ferre: Yes, you have to give it to the Clerk. Mr. Cruz: I would also like to add that talking to some of the people who were at that first hearing they told me that the attitude of the Commission was one of, since there is already an apartment there why not just go ahead and let it slide and put up another multiple density structure and it struck me kind of funny that you all would have that sort of attitude. It's sounds like well go ahead and let it go to pot and you should be just the opposite. You should be having the attitude of w..-1, hey let's stop it. Let's preserve a nice neighborhood and not let it get higher density. Mayor Ferre: No, let me explain to you what the attitude was. If you will look at the map up there and which is what T have in my hand. If you will notice on the North side of 60th Street the majority of the stuff North of there is R-3, but there is a little pocket of three lots that is R-1 and I think that... Mr. Plummer: Five. Mayor Ferre: Well, there is threg houses that may be five lots. The idea. I guess was that it would be simpler and the way we do zoning around here to keep a straight lines and barriers. Since this is adjacent to an R-3 area the idea would be that that really is more in keeping with that thinking, you see and that's why the 131 JUL 2 41980 Planning Department recommended i. and that's w7y t-::e 7.cning Board recommended it. Mr. Cruz: Well, I hate to sound tut that's my nei,61iborhood and whereas you are looking at a map I have it in m; mind what that street exactly looks like and it s3:t of the other way around. The trend is not one of high density, so why not keep it high 3enaicy. The tr,id is very, v(.:y much one of iow density, so therefore why no,- keep it low c:cn: i t-'. 'Lhe apartment muses that are there if I can be so bub;;ective are ;):-etty trashy Looking. Whereas the houses that are there, most oc chom were built litio ir. the 30s, in the 20s and there is just no architecture like that anymore. Now days they build boxes. Whereas back then they built stucco mansions. Mayor Ferre: Ok, questions? Statements' What's the will of this Commission? We have already had a motion and a second.. Mr. Lacasa: Yes, I moved it. Mayor Ferre: Alright, have you read it? Mr. Percy: Yes, sir. Mayor Ferre: Alright, further discussion? Well, Mr. Cruz, we will see you in a moment. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE CCNTREHEI`SIVE ZONI`:G ORDINANCE FOR THE CITY Or MIA►TI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 1, BLOCK "C"; BAYSHORE REVISED (9-60), BEING itPPROXIMATELY 665 N. E. 60TH STREET, FROM R-1 (ONE. -FAMILY) TO R-3 (LOW DENSITY :MULTIPLE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCLS, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 26, 1980 was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Gibson,, the Grdinance was thereupon given its second and final reading by title and passed anal adopted by the following vote: AYES: Mr. Plurs:.•er, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. THE ORDINANCE. WAS DESIGNATED ORDINANCE NO. 9135 The City Attorney read the Ordinance into th public record and announced that copies were available to the memoerf of the City Commission and to the public. 41. SECOND READING ORDINANCE: AMEND ORD 6371 ART M BASE BUILDING LINES iST AVENUE NE AND. SE, NE 2 ST SOUTH TO SE 2 ST. 35' Mayor Ferre: Alright, we are now.on Item #3, which is the Planning Department. It was moved by Plummer. Do you -move! -it again? Carollo is not here, does somebody else want to second that? Rev. Gibson: Seconded by Gibson, further discussion.? Anybody want to speak on Item N3? If not read the ordinance. A:.right, call the roll. 1t`2 ,UL AN ORDINANCE. ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COK-'R_7HENS IVE ZC.NING k:)E:DTNA_ CF " CK THE CITY OF MIAMI, AS AMi.NDED, BY DEi.:.T- 1N� (66, CF SECT: ",N 1, AicTiC:.E XXV, BA.;E 6UILDING ?..INLS, AND INSERTING A NEW SUBSECTION (68) TO READ AS FOLLOWS: (68) 1ST AVENUE NE AND SE., NE 2ND STREET SOUTH TO SE 2ND STREET ........ 35'; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of June 26, 1980 Was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Vice -:Mayor Lacasa and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo OQDINA.`CE WAS DESIGNATED ORDINANCE NO. 9136 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Co.=ission and to the public. 42. DEFERRAL OF CONSIDERATION FOR REQUEST FOR CHANCE of ZONING 2172 N.W. 3 STREET, 2165 N.W. 2 STREET FROM R-2 to C-4 Mayor Ferre: TaKe up Item 4 on first reading. This is the Cremata Auto Glass Inc., change the zoning from R-2 to C-4. Toe Planning Department recommended the denial. The Zoning Board recommended approval 7-0. Alright, would the Administration of the department tell us why the denial was recommended and then we will hear from the applicant and from the objectors. Ms. Susan Groves: Mr. Mayor and members -of the Commission, my name is Susan Groves. I'm the Planning Department rzpresentative. The Planning Department recommended denial of the change of zoning for several reasons. One of them was that the proposed change of zoning does not comply with the comprehensive neighborhood plan. Secondly, uses which would be permitted under C-4 zoning would not be compatible with low density residential uses which are in the neighborhood. Thirdly, the City already has ample commercial rezoned land which is under utilized and we feel that it's more appropriate that this land be developed rather than that we create additional C-4 zoning. On top of that there are ample development opportunities for this particular piece of property. It would be permitted transitional 14ses with existing zoning without any public hearings. It would ae allowed RCA -ransitional uses which would be residential or office uses. On top of that parking could be permitted on the site. We feel that enough options exist whereby this property should not be rezoned. In fact, it should be used otherwise. I would like to point out that the Zoning Board did not recommend rezoning of all four lots. Instead they only recommended rezoning of the first two lots which are immediately adjacent to the existing C-4 zoning. Mayor Ferre: Alright, we will hear from the proponent now. Mr. Manuel Vasquez: Mr. Mayor, my name is Manuel Vasques. I represent Cremata Auto Glass Inc. I think there is a correction we have to make on this Item 4 which it only includes one of -the owners of the property. There is another owner by the name R. Sosa, ihich should be included in that ordinance on lots... on two of the lots. it's not listed on the agenda under Item #4. What we are seeking is change of zoning on lots 3, 4, 21 and 22 of block 1. As �33 JUL 2 41980 C 6 the young lady said the Zoning Board unanimously approves, part of the request and that the first two lots adjacent to the properties wcul�l be rezoned C-4. Now, the reasons we are seeking this rezoning are as follows. These businesses that exist on the property are bursting at the seams. There is a lot of problems right now with parking and traffic on 22nd Avenue an" on 3rd Street. We are seeking _ to expand the business and to have additional parking places. The Zoning Board thinking about the change was chat there .s always going to bu, r: confL:ct between the businesses and the neighboring residents and we should strike a balance on this. We believe the property owners, that the granting of C-4 on all four lots would instead hang the area, it would stabilize the area. We have heard argument about the school that is next to the... on the following block, but there has been no opposition from the School Board regarding this matter. I would also like to point out that on 22nd Avenue it used to be a two lane Avenue and property was taken to become... to have become a four lane avenue. So property was taken from all these businesses. Back in when it was done the C-4 along 22nd Avenue were small businesses. All these businesses have grown and my clients have enough confidence in this community in this city to want to expand there. We had an overwhelming majority of the neighbors in the neighborhood do not oppose this change and frankly, I think it would stabilize the area and it would make it' a better neighborhood. And for those reasons we are asking that this change be made. The people who own these businesses have been there for twelve years and some of the objections that were raised at the meetings with the Zoning Board about cleanliness etc., have been corrected. I have pictures of the changes that have been made. If you care to see them, I have them here. For those reasons we are asking the change of zoning in these four lots. Mayor Ferre: Alright, we have the proponent's statement. Are there any opponents? Is there anybody in opposition? Alright, sir we will hear you. Mr. Abraham L. Bassey: Mr. Mayor and members of the Commission, my name is Abraham L. Bassey, 1951 Northwest 17th Avenue. I'm an attorney in Miami and I represent some of the opponents to this planned zoning change. I would have to agree with the developmental staff in all of the reasons that they gave for denying this zoning change. It's a well established community. Some of my clients have live in this community for thirty-six years. I can appreciate the difficulties thatcounsel has indicated in reference to the businesses bursting at the seams, but happens the next time they over grow themselves? Will the entire community be eroded, be taken in by commercial development. I would like to point out some changes or some... point out to the Commission some facts that are not clearly distinguishable in your agenda. At our last zoning hearing there were alledgedly fifty-three proponents to this zoning change. A request was made by the opponents to have these fifty-three proponents identify themselves. Their interest in the community and that number of fifty-three drastically reduced immediately. There were attempts to fill the halls with people who have absolutely no interest in this property and it was merely a playing of numbers games. Now the Commission or the Zoning Board did recommend the rezoning of lots three and lots twenty-one and recommended the denial of the rezoning for the other two properties. This is not reflected in your agenda. I feel that this community has been one of pioneers. People living in that community for thirty-six years should receive more reward than to be sucked in or to be displaced or made uncomfortable by commercial development. It increases the hazards in the community. It's been acknowledged that there were cleanliness problems, that these problems were cleaned up. But the people who created the problems will be the same people. There is nothing to assure the residents of this area that these problems will not reoccur. I think that the developmental staff made an appropriate recommendation in this and I think that or I will request that this Commission deny the rezoning of not just the two lots, but all four of them. At this time I think a couple of the other opponents will like to make a statement to the Commission. Mayor Ferre: Alright, are there other opponents? Ms. Frances Caplin: Good evening, I'm Frances Caplin. I live at 2137 Northwest 2nd Street. I have lived there for thirty-eight years. Now, when Cremata Auto Class came and bought that place they bought it as a glass place. Cremata Auto Glass. Now it has turned into a garage where nothing but dirty cars, torn up cars and everything there. Now, today and everyday this week I have not been able to park in front of my own front door on accoLnt of the cars being there. Now, to my estimation this is a residential section. I'm speaking in behalf of three other neighbors that weren't able to come tonight because they are sick. We have a lady sitting over here about eighty-three years old who has been harrassed at night on the telephone. Has been harrassed... I get calls every night of my life at 12 o'clock at night, "why don't you sell that house and get out of the neighborhood". I get nails put under my tires. 134 JUL 2 41980 I'm afraid to get up in the morning and go out. Now, this is the United States of America If you people on this panel coa'c help us and I'm sure Mr. Plummer is acquainted with it because at one time he... . think it was down at the funeral home. This is really a hazard to our .o-mnl:nity. Wc.11, his father did. I knew his father. I knew some of them. Anu I have rived there and I worked hard to get that property. My first cou:ir, was an invalid for thirty-one years and I walk to work to buy it and to pay for it. Why should I be a hoodlum and live in a time that Js a disgrace for me to h.rve cc.-ipany to come to see me on that street. If he wants to stay ::n 22nd avenue that's goon. That's a business street, but 2nd Street is noc anc! as long as 1 got an ounce of anything in my body I'm going to fight thIS thing because I don't approve of it."'one of the neighbors approve of it. AnL if we have to go higher. We are going higher. But if he will stay on 22nd Aven,ie... but he went down when he first came. when he first took that place over he went and got a fictitious... what I would call a fictitious petition. He got neighbors that were renting property. Now, you cannot sign a petition if you are not a home owner. That first petition he got up was siened by people that were not home owners and that petition went through. He built on a residential lot. Where he is parking cars right now that is a residential lot. And the next lot is a house that he wants to tear down. He just wants -to make the whole street nothing but a hoodlum street. And as long as we neighbors have got the strength we are going to fight this thing. And I hope that you people sitting; up there would put yourselves in our position. Would you want to live in something like that? Would you? Now, I have a very prominent son in this town. It's a disgrace for me to live there. My house is bought and paid for. I don't want to run. I don't want to run from something that shouldn't be run from. And : want you people to think this over seriously.. Mr. Lacasa: Which one is your lot Ma'am? Ms. Caplin: I beg your pardon? Mr. Lacasa: which one is your lot there? Ms. Caplin: I must be lot eight. I'm at 2137 Northwest 2nd Street. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Ms. Caplin: No, I'm on 2nd Street. 2137 Northwest 2nd Street. Now, all of my neighbors over there every one of them, they would like to speak, but they are shy. Whereas I'm not shy and I'm giving you from my heart the way they feel. So I hope you people will hear with all of us and realize what a position we are in. If they stay on 2nd Street good. I mean on 22nd Avenue. But right now they have already come into a residential lot where they paved and they are parking all the cars. Now, that place is not to park cars. The place across the street is a home. He is not supposed to park cars. They are parking over on 3rd Street. They even moved a house over on 3rd Street that's not even tied down. It's sitting there. It's just a disgrace to the community. Mayor Fetre: Alri,,nt, any other opponents that w•i.sh to be heard? Alright, does the proponent want to rebut and then I will let the opponent rebut too. Mr. Carollo: I'm sorry. If I may ask what kind of business again, they want to expand. Is it the grocery store they want to expand or... What type of business do they want to expand? The grocery store or the garage? Mr. Vasquez: It's an auto glass business where they put glass on the cars and locks on cars. That's the business it is. Mr. Carollo: Ig the grocery store still going to stay in the corner or... Mr. Vasquez: No there is no grocery store there. It's across the street. Mr. Mayor, it's precisely what this lady has stated what we want to improve in this area. She stated that she can't park in her own front door. And what we are trying to do is to try to expand a little bit and have parking room so that the cars are not in the street. That's precisely what we are doing. She kept saying... repeating the word "hoodlums". I hope that it's not a reflection on my clients, because my clients are.:. believe me, are hard working people. And they are noticing but hard working people, not hoodlums. There were fifty-three people here last time and most of them were neighbors of this section and I don't remember from the last meeting we had with the Zoning Board that Mr.... the counsel here asked for a certification from each neighbor to say that they were neighbors or they were proponents. As a matter of fact some of the opponents at the beginning have changed their minds because they think that this change is 1.35 J U L 2 4 1Q80 good for the neighborhood. For the reasons that I have stated before to improve this neighborhood. There is no School Boaro oppositiion. We would ask this Commission to approve the change of the four lots. Thank you. Mayor Ferre: Alright, does the opponent want to rebut anything at this point? Mr. Bassey: Yes. Mr. Mayor, the only thing I can say is that in considering this matter I want the Com3nission to take into account the fact that the Zoning Board only recommended the change of two lots. Lots three and lots twenty-one. The first lots two and lots twenty-two. Those were the only ones recommended. I would request that this panel deny even those changes because of the established nature of this neighborhood. It's a long standing neighborhood and it deserves to maintain and retain that character. Mayor Ferre:. Alright, questions from members of the Commission? Mr. Lacasa: Yes, Mr. Vasquez, what is exactly what the owner intends to do with the expansion of those lots that he is seeking to be rezoned? What is what.he intends to have there? Mr. Vasquez: If you would like to take a look at the plans... Mr. Lacasa: I would like to see it. Mr. Vasquez: If you see the... underneath is what he proposes to do. He proposes to expand to about eight stall where tie can put the cars while they are being fixed. And the rest of the property will be parking. On the other two lots on top the owner would like to build an office building and if you see ... Mr. Lacasa: On which one? On six and twenty-one? Mr. Vasquez: No, two and six. (BACKGROUND COMMENT INAUDIBLE). Mr. Lacasa: An office building there? And on the ones that are on Northwest 2nd Street that is twenty-one and twenty-two is for what? For parking? Mr. Vasquez: That's for the auto glass place. For parking... no, we intend to expand the stall where you can put the cars and... so that people can work under roof and not on the... under, you know, out in the open. Mr. Lacasa: And where is the present operation? In which lot is the present operation? Mr. Vasquez: Right on ...(BACKGROUND COMMEND OFF THE PUBLIC RECORD). Mr. Lacasa: But where? On Northwest 3rd Street or 2nd Street? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Vasquez: (BACKGROUND COMMENT OFF THE PUBLIC RECORD). Mr. Lacasa: No, no, but you only have two lots on Northwest 22nd Avenue. Those are the two corner lots. You have the four lots? Mr. Vasquez: (BACKGROUND COMMENT OFF THE PUBLIC RECORD). Mr. Lacasa: That's not shown in the reap. The map shows two green and two blues. The two greens are also the property of the applicant? Mr. Percy: Btue denotes .ae applicants ownership. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Lacasa: (SPEAKS IN SPANISH). My question is the existing operation... (SPEAKS IN SPANISH). (BACKGROUND COMMENT IS IN SPANISH). Mr. Vasquez: Mr. Lacasa, to answer.your question. The auto glass place is on twenty-three and twenty-four. Mr. Lacasa: On twenty-three and twenty-four? 136 J UL 2 41980 6 0 Mr. Vasquez: Right. Mr. Lacasa: On the green... Mr. Vasquez: And the blue. Yr. Lacasa: The jj,,cn and the blue? Mr. Vasquez: Mr. Lacasa: Aria They want to expand to twenty-one and twenty-two for the auto glass place operation? Mr. Vasquez: Right. And then the aajaceiit owner %,r. Sosa wants to rezone that for the building of an office building. Mr. Lacasa: Ok, now let me ask you ti:is question. One of the major concerns of the opponents, the lady tnat live on Northwest 2nd Street is a question of 0io impact that this will have on tnc parking on her particular street. Would the access and egress to the location be on Northwest 22nd Avenue or through Northwest 2nd Street? Mr. Vasquez: Well, if approved it would be through both. Both 22nd Avenue and 2nd Street. ;fir. Lacasa: That's where I have a problem. Because if you were to tell me that the access and egress would be on Northwest 22nd Avenue and that there will be some kind of a fence completely sealing the parking area where this work is going to be performed on Northwest 2nd Street which is the one that is residential in nature, then I will understand tha- because what we will be talking is the expansion of the existing facilities and to a certain extent it's not that relevant whether it's Dne hundred feet or two hundred feet as long as it does not disturb the residential area which is on the site. So may be if you could work cat some kind of situation whereby you don't disturb Northwest 2nd Street by having the a_-cess and the egress on Northwest 22nd Avenue that might gain the support of the neighbors. Mx. Vaagau z: But... Well, we have the support of the neighbors Mr. Lacasa. The problem is that... what we are trying to do is to get those cars off the street no matter what they nave access through. And if they go up 2nd Street or 22nd Avenue that it really doesn't matter, because on 22nd Avenue you can't go from 22nd Avenue all the way to the back of the shop. It's impossible. Rev. Gibson: You can't? Mr. Vasquez: No. Rev. Gibson: Mr. Mayor? Mayor Ferrel Fatter Gibson? Rev. Gibson: What you have is one... you have a solid building on that site and the only way to get in that building is either get in that building on 22nd or get in the building on 3rd or get in the building on 2nd. Now, I have some concerns about that kind of an operation right across from the school. You would concede that, that is across from the school. Isn't that right? Mr. Vasquez: Certainly. Rev. Gibson: You conned_ that, that is right across from the school. Mr. Vasquez: Yes, sir. Rev. Gibson: Oh, yes. I have been to see it. I don't vote on zoning unless I go see it. Now, let me say the other thing. Counsel I want you to hear this. You know, you are missing the boat. You know what really disturbs me? How long as he owned that property? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: How long have you owned yours? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: Ok. Now, you know, I would reel far more comfortable if you know, that was not the case. The lady made a very significant ?oint. She said "you want to run me out of here. You know, I refuse to go". She said she still retains her residential area and you have to admit whether you want to or not, that 2nd and 3rd are so situated. Now, what do you do' Let's come to lots on the front on 2nd. Where is that staff person? Count them. Now, you count them for me. I can't come. (BACKGROUN-D COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: Nine. How many on third? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: Alright, so you have nine and nine is eighteen. How many are his? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: He has five. Five? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: On 22nd , dear. You told me nine on 3rd, nine on 2nd. Now, how many on 22nd? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: I can't hear you. Take the mike. I want it for the record. Ms. Groves: Excuse me, Commissioner. Our record show two, but as the applicant has stated tonight one of those green lots are also owned by him. So I would suspect that there are at least three lots that are owned by the applicants. At least. Rev. Gibson: Three front on 22nd. Ms. Groves: Yes. Rev. Gibson: And then you have eighteen on 2nd and the 3rd jointly. Ms. Groves: Yes, that's correct. Rev. Gibson: Ok, I hope I made the point. Mr. Lacasa: Let me explain this in span;sh to you. (SPEAKS IN SPANISH). (BACKGROUND COMMENT IN SPANISH) Mr. Lacasa: Just a minute you better translate this. (BACKGROUND COMMENT IN SPANISH) Mr. Vasquez: We have a problem with working in the open air. There is a City ordinance that prohibits working out in open air, that forbids us from working out in the open air. That's the situation we have now. (BACKGROUND COMMENT IN SPANISH) Mr. Lacasa: We understand that and we want to help in that, but the question is this. (SPJ,#jCS IN SPANISH). Mr. Carollo: Excuse me, Mr. Mayor, for the benefit of the people that don't understand. Can we possibly get a translator please? I think it's only proper. Mr. Lacasa: Well, why don't translate Mr. Vasquez? Mr. Vasquez: I'm not a professional translator. I would perfer somebody else to translate. Mr. Grassie: Mr. Castaneda will trangaate. Mayor Ferre: Go right ahead. Proceed please. 138 J U L 2 4 1980 0 0 (BACKGROUND COMMENT IN SPANISH) Mr. Castanedd: (TRANSLATOR) . We n.:vc a:. ent-a :cc. or. 22no avenue. The buildings located between 3rd and 2nd Street on ::.td Avenue. The entrance on 22nd Avenue because of the traffic on ?2nd Avenue is -)roble:atic and there have been some accidents due that. T`ie .;ncranci- cnt 2nd `trce.:t has be._n in existence before. It's in a corver_iat area. The otnvr rncr:ince is in tht ::red that the zoning chaage is being irom ar.d tr,.i: wou.Lc aos),st in ;.eipin+, the problem. We have been having ,problems fo: the last ten yt__ars with the. Building Department and that there is a City ordinance prohibiting the work of the open air in this business. Mr. Plummer: %r. Mayor, if 1 Liay, excuse me. You know, I just feel that we are getting t,.r field he.e. .,ere are oasically tryin,; to negotiate out something where... th..s is an appeal process. It's ometning only that was not discussed at the lower level or something new is to be brou;;ht up at this nearing. Now, I have no problem and I don't think the rest of this Commission have if there is in fact some way that the applicant and the opponents can try and sit down and work out a reasonable compromise. But I don't think it should be done here, in front of this Commission and detain the rest of these people. So I would ;;tiggest Mr. Mayor, we have been now more than a half hour, that we defer this icem. We invite, if possible the applicant and the people to get together or come up with something that's acceptable at the next meeting rather than prolong this thing out now. Mavor ?erre: Commissioner Plummer moves that Item 4 be deferred to the September Zoning Meeting. Mr. Carcllo: Seccnd. Mayor Ferre: There is a second, is there futher discussion? Mr. Cruz, do you still want to address yourself? This item is being deferred now. So you can speak to the motion of deferral only. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: I will let you make a comment. Mr. Cruz: Alright, gentlemen, I cane here tonight to speak about what i already talked about and this is my first time I have ever been to a City Commission meeting and it's kind of a new experience. I kind of amazed that... I'm not trying to be the young buck up start smart kid, but I mean, the Mayor is reading a magazine ana the other guy is in the other room and somebody else is on the phone and people are talking. It's like you are not even listening to them. Mayor Ferre: Mr. Cruz, I will ask you to limit your comments to the motion before us which is the deferral. Do you want to day something about the deferral? Mr. Cruz: Yes, 1•:t me get off my soap box. Ok, you notice the four lots are in the middle... Mr. Plummer: No, that's not to the deferral. Mayor Ferre: No, sir that has nothing to do with the deferral. There is a motion on the floor to defer. There is a second. You wanted to make a statement and I want to recognize you. Do you want to talk about the deferral? Mr. Cruz: Regarding the deferral our silent majority here, the neighbors in -the area arm visibly upset... (BACKGROUND CO:MrENT OFF THE PTJBLIC RECORD) Mayor Ferre: ;'ow, now just contain yourself. Ali right Mr. Vazquez just contain yourself.Ler the silent majority speak, go ahead. Mr. Cruz: Alright, the neighbors in the area who are here tonight were visibly upset when you guys decided to defer it. They are here for their day in court and you all are kind of shelving it. You are not meeting next month, is tctis true? 'Mayor Ferre:: We are not meeting the month of August. The reason the item is being deferred is because this thing is getting very complicated and what's happening is that we are trying to negotiate the potential solution right here in front of everybody and I don't think that, that's really going to get any where counsel. So I think the best way to do this is ... obviously, if you defer it he is not getting his application, so I'm sure he is not happy with the deferral either. 139 J U L 2 41980 Mr. Bassey: Mr. Mayor, if I just may address the Co:..mis6ion- ':his matter has been ;ending since last October. It wd3 deferred from the Lo:.ing Board hearing for at least three or four timer. ".his is :.,y urC,. aNp,arance in this building on this same piece of property. It was dE.arred any nudicr .,f times on the Zoning Board level because the petitioner wan�cd a full boar.:. These people have religiously attended each and every one of tl-,ese .::et:ti-.ha only to soy... have it said to them n., le " :! .! GUr::.,C of :•CLa5iC`lu A7 C.ienta have been the go hoir.e, it been deic:re,_i only persons who were not advised of :he ue-ferral. _;ie ;.rononenLS weren't even her._, cut my clie —_& were taut here a1.d 0-1`7 to ba L01U to t;o h;,me. A deferral -it this point is a 0,)nLinuat:orof t;„ ,.<1n:r kind of thing that nave gone tnrougn. Mayor Ferre: Further sL.iter.;Cnts with rcbards to the deferral:' :fir. Carollo: Mr, aayor? `,,yor Ferre: Yes, sir. .qr. Carollo: Look, Via ready to meet this head on. From what I have seen so far whether we defer, give this a deferral or not those people are going to - get tcget.nec on this. Tney are going to come back anu take up another hour' of another Zoning meeting... Mayor Ferre: That means you are withdrawing your motion to defer'' hr. Carollo: I'm going to withdraw try motion of deferral. `1y second of the rotiov.. Plummer made ttx motion. Mayor Ferre: I'ai sorry. Plurner... �'r. Czrcllo: li he wants to withdraw and take it into a vote now. I'm ready. Mavor Ferre: Plui=.er ; ., :: si2cond is now gene. Mr. Vas.!-.,ez: Mf. Mayor: Mayor Ferre: Alright, now wait a minute. There is a withdrawal of a motion scone, but L;.casa r.:�de a second to Plummer's motion. So the notion is still 0.11. Mr. Lac:lsa: Let me explain why I jeconded the motion. I car, see the problem that the applicant :,a:, and 1 also can see the problem that the neighbors on horthwe:.t 2nd Street has. So it a compromise could be achieved by the applicant sealing off :Northwest end Street, therefore, insuring that the residential character of the Northwest 2na Street area will safe, then the activity of ingress an:j egress throt:gh :Northwest 2-rd Avenue wil3 not disturb the neighborhood because actually the only bilge ia... Lni�, only difference is that being Sealed off frog, the street they will be doing whatever they need to do on their lots, but compl(_tely isolated from the residential area. With that T could live. Rev. Gibson: Mr. Lacasa, I raised a question that nobody has said definitely... I'm talking to the lady on the .itaif. Doesn't that building occupy the entire :ront on 22nd? Mayor Ferre: On the record. Rev. Gibson: Point out where the building begins. Where does it end? Where .ices it end? Mayor Ferre: That's the beginning. Now, tell me where the building goes. Ib tl.at it". just_..,ne lot. Rev. Gibson: What is to the... M!. Groves: To Cie north of that is another building. Ana when I have inspected the site I have not notices the driveway in between. Rev. Gibson: What I'm trying to say to the Commission that all of that land is occu:>ied. I was there yesterday. That's what you all are not understanding. So there is no possible way unless they destroy a building to enter from 22nd. And I want to say this. As much as I want to be in sympathy with people who want to start a new business I'have a great deal of concern about those people over there knowing at the high cost of building today, they would not be able to build another building if you make a move. And with that in mind I'm for the 140 ,1 U L 2 41980 i vote because I'm going to vote against a deferral, because I happen to know that they are not going to be able to enter "_'_rd because the entire block is used. The front of 22nd. Either you must enter on 3rd or you rust enter on 2nd. Mayor Ferro: Ok, look as I sense there is two VOL06 for deferral and there is two vote against deferral. So we can move a:ong I am voting against the deferral. So if you want to put it to a vote let's do it. Otherwise,... Mr. Plummer: You alr_ady did. Mayor Ferre: It's gone, ok. So let's continue now and lets make the motion on this thing... Rev. Gibson: I move you sir that we deny. Mr. Carollo: Second. Mayor Ferre: There is a motion to deny, further discussion on the motion, call the roll. Mr. Plummer: Well, wait a minute, yes, this discussion Mr. Mayor. Are we voting on all four or as the Zoning Department voted on. It's my understanding they only voted to approve two. Now, what are we voting on? Mr. Carollo: As they are presenting it here I imagine. They are presenting it here... it's all four. Mayor Ferre: :�o, they can't do that. Can they? Mr. Percy: The orainance is presenting there is two lots as the Zoning Board recommended. Mayor Ferre: Right. Mr. Plummer: So in other words we are voting on lots three and twenty-two. Mayor Ferre: Two and twenty-two. Mr. Plummer: No three and twenty-two. Mr. Vasquez: Mr. Mayor? Rev. Gibson: Point to the lots we are voting on. Mayor Ferre: v7hat lots are we voting on? Mr. Vasquez: Two and twenty-two. Mayor Ferre: Thank you. Alright, Mr. Vasquez. Mr. Vasquez: Mr. Mayor we are more willing... we were very willing to sit down with the opponents of this project. We probably could work out a compromise in which we could seal off that... Mayor Ferre: Ok with that statement, then I reverse my vote to put... but you better work this out to their satisfaction. Because I want to tell you there is two vote against you here and I am the third one. So let me tell you that you better work it out where all these neighbors are satisfied. And if they are not you know where I'm going. Now, I will give you the courtesy. - Mr. Lacasa: Let me say this. I have been taught a lesson by Father Gibson tonight here. This is why he is also saying that he goes before the hearings to the properties and he )-ad an advantage because he knows the property in question having visited it. Now I see the value of what you have been saying all along Father. And I'm going to do the same from hereon believe me. Now I see the value of that. Mayor Ferre: Vasquez, I want to'tell you something see. What Gibson has said is that there is no way you can get through your lot to the back lot because you got a building in between and unless you figure out a way and I don't know how you are going to do it. I'm just telling the neighbors here I am voting against this proposal. Now,_ and the only reason I'm willing to put it off is if you assure me that you are going to work it out with the neighbors and you are going to come back with a... 141 JUL 9 0 Rev. Gibson: Mr. Mayor, I want to encourage him to work it out with the neighbors, but I want to make this prophetic statement. Call it what you will or may. I don't understand how over a period of six months... let me b,� generous, four months that this matter could be put off and put off and put cf.; and no attempt was made in that period of time to try to get together with these peo?le. Now, let me make a further observation. I resent, I want to tell the staff this, a:,d I :,opt this doesn't happen again, because if it happens again I'm going to be railing holy hell. When you have senior citizens like those people over there I think it is highly improper and inhumane to be jostling them around. Now, I don't mind what you do to me because I think I'm a little... I'm yet kind of mobile, but I resent like the devil what you do to them and to have them come here and then postpone and have them come here and postpone and have them come here and postpone, I don't like it. Now, I'm going to speak for them now hopefully that somebody later on will speak for me. Mr. Bassey: Mr. Mayor, if I just made one last cor=ent. This matter was initially deferred in October from the Zoning Board for an attempted compromise. No _ compromise has ever been attempted or reached after, since October of 1979. I... Mayor Ferre: Counselor, I think that you are right that there is going to be no compromise. Out of courtesy to these people that are hard working law abiding citizens, since they are assuring us that they are going to satisfy your clients I want to give them the last opportunity so that he and they never come back and say that we didn't try our best to find a solution to this thing. I am repeating to you what I have said. I see two votes against this proposal and I'm going to tell you that I'm the third one, ok. But I don't want to vote that way tonight I want to give them one last chance. And I'm sorry to put you through that inconvenience. Alright, we will see. This item then is a motion for deferral and a second by Lacasa, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-569 A MOTION TO DEFER CONSIDERATION FOR REQUEST OF CHANGE OF ZONING AT 2172 N.W. 3RD STREET AND 2165 N.W. 2 STREET IN ORDER THAT THE APPLICANT CAN MEET WITH OBJECTING NEIGHBORS TO WORK OUT A COMPROMISE. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: Mr. Carollo. ABSENT: None. FURTHER DISCUSSION: Rev. Gibson: Mr. Mayor, I think the young lady... out of fairness to her you ought to let her say in the record what she told me. Please do. Y Mayor Ferre: Yes, Ma'am, go ahead. Rev. Gibson: I think it's only right and fair to you. Ms. Groves: Ok. The reason this was deferred several times was because we had had short boards for several meetings and we allow the applicant to defer if he wants a full board. Mayor Ferre: Sure, I understand. 142 U L 2 r43.DENIAL OF REQUEST FOR CHANGE OF ZONING: 790 N.W. 44 AVENUE FROM k-3 to C Mayor Ferre: We are now on Item # 5 which is the ordinance of Manuel Menes to charge the zoning at 790 N.W. 44th Avenue from R-3 to C-4. The department recommended denial and the Zoning board recommended approval. Are the applicants here? UNIDENTIFIED SPEAKER: Yes, Sir. Mayor Ferre: Are there any opponents present? Is there anybody here opposed to Item #5? Alright would the department make a statement? Ms. Susan Groves: Mr. Mayor and members of the Commission, the reason why the department is recomnendir.g a denial of the change of zoning from R-3 to C-4 is again because we are concerned that C-4 allows uses which are not compatible with residential, low density residential uses which you will find immediately north of the subject site. In addition we feel that there is ample development opportunity within the vicinity. For example, immediately across the street there is a vacant lot which is currently zoned C-4. We feel it would be more appropriate if the existing plumbing facility which is requesting the rezoning be at lease in part located across the street. In addition the lot which is under question could be used for transitional uses, once again, either for office space or with condit:.cnal use for parking. We feel it would be more appropriate to intensify the existing site which does has some space for expansion on it and use this additional site for either the parking or office space. In addition would like tc add that the Zoning Board did not recommend rezoning of the entire lot, but rather they recommended an extension of the existing zoning boundary to the west or to the right hand side of Northwest 44th Avenue. What this would do would be it would rezone all but the northern fifteen feet of the lot. Mr. Jose Viallabos: Mr. Mayor and members of the City Commission, my name is Jose Viallabos for the record 1401 Ponce de Leon Boulevard, Coral Cables, Florida. At the time, if I remember correctly the department and even though originally nad recommended denial admitted that we were in actuality leaving or requesting a buffer zone between the R-4 to the north... excuse me, to R's to the north to the C to the south and that particular lot we... the reason that we are leaving a fifteen feet buffer is specifically to lea-e space... leaving space between the proposed C-4 density to the existing R to the north. Now, the existing R to the north is also owned by a client of mine which certainly doesn't oppose the changes. This area is adjacent to Northwest 7th Street. It's a mixed use street. Specifically in that particular area. Now, I should point out that one of the :easons that we also suggest that the fifteen feet to the north would be set forth as only... remain as residential is that the jagged line of... as you can see would be caning from where it says coins of division. That coins of division is one subdivision and it jacks down to specifically exclude that particular area. The... If you may point out to the "X" where it jacks down that specifically... if that line, that boundary line will be continued westward would certainly exclude the fifteen feet we are talking about leaving those fifteen feet as a buffer between our proposed and the existing residential. Mayor Ferre: Ok. Questions? Rev. Gibson: le-C me ask . question. If I remember correctly that particular "X" lot is... no, no. In front of that 'T' lot is a plumbing outfit isn't it? %r. Viallabos: Yes, sir. Rev. Gibson: Alright. Now, what you are asking us to do is to extend that piece of property? At least the sign said it. That you wanted us to extend... you want to change the zoning where that "V... where that piece of property is blocked out. Is thar right? Mr. Viallabos: A portion of that property, sir. Rev. Gibson: Well, alright. Let me raise this question. All to the east of that property on the east side of the street and all to the back of that property is 1 aw JUL 2 41980 n L� nothing but residential of a kind. Isn't that right? Mr. Viallabos: That is true, sir. Rev. Gibson: So what are y.:u asking us to do? Mr. Viallabos: Well, sir we are asking... Rev. Gibson: No, no. I mean let me a..k the staff. So what do they want to do? They want to extend that business is that what you are telling me? Ms. Groves: Yes, that is correct. Rev. Gibson: Oh, I see. Alright, I understand. Mr. Viallabos: I didn't try to pass anything off on you sir. I... Rev. Gibson: No, no, look I'm not accusing you. Note I didn't ask you. 17asked the staff. We pay the staff that's why Mr. Grassie you will understand froaknow on. I said if I don't trust staff. I don't need them. I will fire them, because I want to trust them. I live a life of trust. I want you to know that when you see me come here on zoning if I didn't learn nothing else from Plummer, I go see it. So I think I have told the Commission. Well, I don't think the Commission understands. Some of us anyway. Mr. Viallabos: but certainlyMr. Gibson there was no intent on my part I want you to realize to pass anything over you. Rev. Gibson: I understand. We are together. Mr. Viallabos: Yes, sir. Rev. Gibson: I just want you to know that I understand fully what you are asking me to do. Mr. Viallabos: Yes, sir. Rev. Gibson: Beautiful. Mr. Viallabos: Right. I suggest to you that the proposed change is not contrary to the established use at all in that particular area. It is true that adjacent to that there is a R zone. This is not at all unusual in the City of Miami. There is many R zones in the City of Miami adjacent to commercial use. In fact that the reason that we are leaving that portion of land and we are requesting not to change a portion of the land is to leave their buffer between the existing use that we want to propose and the R to the north. And in fact we even offered and it seems to me that at the time the department was amiable to that solution to even block that off with a concrete wall to specifically buffer that neighbor to the north which happens to be in agreement with our proposition and to leave that portion completely open as a buffer to the north. So actually we are not trying to encroach and this ib not... it's very bad for me to come right after Item #4 because it was creating a lot of confusion. Now, this is something which is not enhanced. It's just adjacent to an item... a C-4 use right at this minute and this is my proposition. Rev. Gibson: Let me ask you. What's across the street to the east? Mr. Viallabos: The street of the east, I understand isn't R-3 according to the map there sir. Rev. Gibson: Alright. well, let me... I don't think the public... you know I think... the one thing I learned about preaching. The advantage that I went to school is so I could interpret for the average guy sitting out in the pew Tell the people to the east... tell this body, Commission... well, not necessarily Commission they are supposed to know. So that the people out there will understand. That all to the east across the street, what kind of buildings and... what do they do across to the east? Mr. Viallabos: Right. According to -the map the... Rev. Gibson: No, no, not the map. Tell us what the people are doing there now. 144 n n . • M . V 0 0 1 Mr. Viallabos: I'm sorry I can't get... my bearings out cagether. Would you point that out please? In my estimation, that's a cormerciGl use. Rev. Gibson: (COMMENT INALDIBLE)... tell the public what this is like. People are living over there. That's not business is it? No, it isn't. Mr. Viallabos: I'm not tryin to, again, Lo put anything over you Commissioner. I'm 3ust trying to :,ay chat if you ask me specifically that question about that particular lot. I don't know. See, I think that, that's C-4 according to the map. Rev. Gibson: 1 understand counsel. That's why the pecple made me the Commissioner so that I could always go out there and look and protect their interest and I promise... Mr. Viallabos: And I assure you Commissioner that as an officer of the court I do also abid by the laws. Rev. Gibson: I understand. I had a son whe was a lawyer and I don't forget. And I went to law school for one day. Sb we are all together. Mr. Viallabos: Ok. Mayor Ferre: Ok, further questions from members of the Commission? If not what is the will of this Commission? Mr. Lacasa: I'm going to move Mr. Mayor for approval on the basis that this is adjacent to the C-4. The line that limits the C-4 on the other side of the 44th Street goes to the level of the lot that is the subject of this application, so actually it will be compatible with that very same situation across the street. So on that basis I'm moving that this be approved. Mayor Ferre: Alright, is there a second co that motion? Is there a second to the motion by Commissioner Lacasa on Item 5 for approval? There is no second. Rev. Gibson: Mr. Mayor, I offer a motion that we deny his request. Mayor Ferre: There is a motion for denial. Is there a second? Mr. Carollo: Second. Mayor Ferre: There is a second. Is there further discussion, call the roll on the motion. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-570 A MOTICN TO DENY A REQUEST FOR CHANGE OF ZONING AT 790 N.W. 4TH AVENUE FROM R-3 TO C-4. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson and Mr. Carollo. NOES: Vice -Mayor Lacasa and Mayor Ferre. ABSENT: None. 145 J U L 2 4 119$0 44. APPROVE CIVIC CENTER AREA M-E ELOPMENT PROGRAM - rdtEA 60UN'DED N. W. 20TH STREET, MIAMI RIVER, N. W. 17T:i AVI:'N.:t AND N. W. 7TH AVENUE Mayor Ferre: Take up Item #6. The Civic Center Area Developr,:ent Program. It was in conformity with the Miami Comprehensive Neighborhood Plan and the Planning Advisory Board recommended it six to zero. Are there any opponents? The Administration recommends. The Miami Comprehensive Neighborhood Plan is in conformance. The Planning Advisory Board recommended it unanimous. Is there a motion? Mr. Plummer: Move it. Mr. Lacasa: Second. Mayor Ferre: There is a motion and a second, is there further discussion on Item 6? Why don't you put it up on the board so that members of the public can see it. Ok, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-571 A RESOLUTION RECOMMENDING APPROVAL OF THE CIVIC CENTER AREA DEVELOPMENT PROGRAM FOR THE AREA GENERALLY BOUNDED BY NORTHWEST 20TH STREET, MIAMI RIVER, NORTHWEST 17TH AVENUE AND NORTHWEST 7TH AVENUE; WHICH PLAN IS IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 45. VACATE, CLOSE ALLEY - N.W. 11 AVENUE -SPRING GARDEN ROAD BETWEEN N. W. 14 STREET AND S. R. #836 Mayor Ferre: _Tiske up Item 8. Dr. Morton Halpern and Dr. Jacob Colsky. Now, this is for vacation and closure. The Planning Department recommended approval in accord with the conditions imposed by the Plat... Mr. Plummer: Are there any objectors? ;Mayor Ferre: The Zoning Board recommended it six to zero. Mr. Plummer: Do you state herein that all in your application is true and correct to the best of your knowledge? UNIDENTIFIED SPEAKER: Yes, sir. Mr. Plummer: I move the application. Mr. Lacasa: Second. Mayor Ferre: The item has been moved and seconded. Wasn't this the one that we deferred before? Mr. Plummer: Well, wait a minute, wait a minute, wait a minute. Mayor Ferrc: Plurmer you asked cor a deferral. It's in the medical center. Mr. Plummer: No. Huh? Mayor Ferre: It's in the medical center. Isn't that a closure of a street? Mr. ?lummer: Well, wait a minute, thank you, Mr. Mayor. Can I withdraw my... Mayor Ferre: Seat. Yes. The chair will let you... you see, Plummer, you are not the only one that has a good memory. Mr. Plummer: No, I didn't... this particular one, no Mr. Mayor I did not ask to be deferred. Mayor Ferre: Oh, yes you did. Mr. Plummer: No, sir I did not. be gaining property, correct? UNIDENTIFIED SPEAKER: Yes, sir. Mr. Plummer: You are on the left. or on both sides? Look, here is the point. You are going to Your client is on the left or to the right UNIDENTIFIED SPEAKER: Both sides sir. Mr. Plummer: Both sides. Now, you understand sir that the City can request of you that you'll be gaining greatly in the statue of your enhancing your property. But if you wish to volunteer something to the City to help your property you may do so. Mr. Alan Gold: For the record Mr. Mayor. My name is Alan Gold. I'm an attorney law offices at 1401 Brickell Avenue. I understand the policy of this Commission recently as appears through several action on road closings and alley closings. We are prepared to offer to the City voluntarily five thousand dollars to be used for trees or whatever the City may choose. But may I make one point sir? This road was originally offered to the City as part of the original plat for the professional arts piece in 1941. Subsequent to that 836 came in and of course, it serves no useful purpose. The doctors, principle trustees of the professional office building wish to close it and use it for parking. So in a sense we are asking back for property we originally dedicated for road purposes that are not necessary. Mr. Plummer: We think that's a fine gesture on your part sir and I would make as part of your volunteer commitment that, that monies that will be used by the City for implanting trees and shrub be used in that general area. Now, based upon the volunteer situation that they have just so gracefully done. I move Item #8. Mr. Lacasa: I second. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-572 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF NORTHWEST 11TH AVENUE - SPRING GARDEN ROAD, BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 14TH STREET AND THE NORTH RIGHT-OF-WAY LINE OF S. R. #836 FOR A DISTANCE•OF + 420' AS PART OF THE CONDITIONS FOR APPROVAL OF TENTATIVE PLAT #1087 - "SECOND ADDITION TO MEDICAL CENTER". 147 JUL 2 4 1S(f.) (Here follows body of resolution, omitted hate and on file in the Office of the Cit; C1erK). Upon being seconded by Commissioner Lucasa, the resolution was passed and adopted by the following vote: AYES: Commis.,ioaer Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 46. CITY COMMISSION POLICY. ALL ;BATTERS SCHEDULED ON THE PLANNING b ZONING AGENDA CAN ONLY BE DEFERRED BY THE CITY COIL`BISSION Mr. Plummer: Mr. Mayor, I'm sorry, but I'm now being told that Item 9 has been withdrawn or rescheduled. Mayor Ferre: I see it on my agenda. It says reschedule. Mr. Plummer: Well, I don't see it on my agenda. Mayor Ferre: Well, let me ask you a question. You know, Nester from my office brought this down to me earlier tonight. Now, they don't seem to have the same agenda. Why would I have a different agenda? Ms. Groves: Yesterday I hand delivered... the applicant got in touch with me and was out of town, wouldn't be able to make it. I hand delivered to each Commissioners office one with it... had the stamping on it. Mayor Ferre: Are you just telling me that my office is more efficient than Plummer's office? Mr. Plummer: I object. Mr. Carollo: You hand delivered to each office a copy of it? Mr. Plummer: Let me tell you why I object. My dear you don't have the right to defer it. You don't have the right to reschedule it. Mayor Ferre: It's the applicant who has requested. Mr. Plummer: He can come here and do it. Now, if five hundred people showed up here tonight and we are going to be sitting up here because you know, old efficient Sam over here was notified and none of the rest of us know about it and you went without our permission and rescheduled it. You can't do that. Ms. Groves: Sir, the applicant requested was out of town and wasn't going to be able to be -here. Mr. Plummer: Fine, let him come here and then ask for it. That's his problem. The yo yo knew when it was. No, I'm dead serious. What happens if... well, hey, high priced lawyer come here. Mayor Ferre: Hey, Plummer, it's almost 9 O'clock so make your point... Mr. Plummer: No, no, no, this has already been done on one item and I didn't raise the question. Mayor Ferre: Plummer, make your point and make your motion and let's move. Make your move Plummer. 148 �� Mr. Plummer: Well, what about if I don't want to defer it': Maybe I don't want to defer it. May be I want to hear it and deny it and get it over with. Mayor Ferre: Fine, make your motion Plummer. Whatever it is. Mr. Plummer: My motion is in the future that any deferments come before this board. Mayor Ferre: Alright, you are instructed in the future... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Percy: Commissioner, often times there are procedural technicalities... Mayor Ferre: Say it into the record. Say it into the record. Mr. Percy: Often times the Planning and Zoning Administration have notice problems and items are pulled for administrative reasons as well prior to scheduling it before the Commission. The property owners within three hundred seventy-five feet that are affected are also notified of the rescheduling. So you don't have a situation where one is present as a result of it. Mr. Plummer: My friend there is no way that tht:y could have been notified three hundred seventy-five feet around last night. Obviously some of the Co:.mnission didn't even get it. Now, all I'm saying to you is that's it within the purview of this Commission to approve a deferral or not to approve a deferral. I could be wrong. But I just think it's wrong just hypothetically. You know, a couple hundred people wanted to show up here tonight and you know, they show up here and we find out the Commission and we are going to catch the heat for it. Mayor Ferre: Plummer, you have made your... Mr. Plummer: What do you want? Mayor Ferre: You have made your point. Mr. Plummer: Sit down and be quiet. Mayor Ferre: Plummer, you are right. Now, how do you like that one., Mr. Plummer: Well, what are you arguing with me for. Mayor Ferre: I want to move on to Item 10. Mr. Plummer: Call the roll. Mayor Ferre: Call the roll on what? Mr. Plummer: I made a motion. Mayor Ferre: What's your motion? Mr. Plummer: That in the future any deferments once an agenda is published must come before this Commission for deferral. Mayor Ferre: Plummer moves, Lacasa seconds, further discussion on Plummer's motion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 80-573 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION THAT IN THE FUTURE, ALL REQUESTS FOR DEFERMENT OF PLANNING AND ZONING ITEMS SHALL BE PRESENTED TO THE CITY COMMISSION ONLY FOR APPROVAL OR DISAPPROVAL. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: 149 JUL 2 41980 i, AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre IV NOES: None. 47. UPHOLD ZONING BOARD DENIAL OF APPLICATION FOR CONDITIONAL USE: I P.U.N. DEVELOPMENT - 3095 N. W. 14TH STREET Mayor Ferre: Now, we are going to go to Item 10 which is an appeal by Victor Perez-Villar of the Zoning Board's denial and so on. The Planning Department recommended denial. The Zoning Board recommended denial unanimously. Don't tell me you are on this one too. Mr. Jose Villalobos: I don't think I want to be in this one too, but unfortunately you know, I should been first so all the eagerness does not fall upon this poor counselor. For the record Jose Villalobos, 1401 Ponce de Leon Boulevard, Coral Gables, Florida. Mayor Ferre: Alright, you want to tell us about... Mr. Villalobos: This is an appeal from the zoning decision of June 2, 1980 and whereby the position for a conditional use as listed in ordinance 6817 Article 6 to permit a residential development of a planned unit nature on this site as per plans in the file be consisting of one dwelling unit and four dwelling units in two structures with two dwelling units per structure in the zoned R-2 family. Mr. Mayor and members of the Board, I submit to you the following. This is a property as you can see on the board located in the corner of Northwest Street and Northwest 31st Avenue. This property in question is an R-2 zone. It's a hundred eighty feet by ninety-nine feet. There is a single family resident facing Northwest 14th Street. Article 6, Section 1 in use and regulations of the Comprehensive Zoning Ordinances of Miami establishes the uses permitted R-2 classification. Section 1 (4a) states inter alia the following uses is approved as a conditional use. The ordinance 8048 are permitted. (a) Residential development of a planned unit nature sub-ect to the provision of Section 6 (1) of Article 6. At the zoning hearing held on June 2, 1980 the presentation by Ms Susan Groves stated inter alia, while this application does meet the minimum standards. It does provide two parking spaces per unit. The new minimum required building spacing, it does not go beyond, that it does not provide for a meaningful open space on units on this particular lot. The total area of this property a hundred eighty times ninety-nine equals seventeen thousand eight hundred twenty feet. The portion that faces Northwest 14th Street is built upon and there is a single unit which is seventeen by ninety-nine or equaling sixty-nine hundred thirty feet. There is a nice circular drive -way around the corner of that property facing 14th Street and possibly it does permit two parking spaces available of that particular space with approximately fifteen hundred seventy-five feet of construction. The rest of the lot is twenty thousand eight hundred ninety square feet of which nineteen hundred eighty-four feet is set aside for construction of the building in question. There is two structures consisting of two units each leaves ten* thousand nine hundred six feet of open space of which nine hundred seventy-two feet is dedicated to parklag since there are ten parking spaces slotted. Usually in R-2 only two parking spaces are requested. This leaves a net open space of seven thousand nine hundred thirty-four of meaningful, usable open space for this unit. The concept of planned unit nature is that of trying to make use of a piece of property as far as design, shape and to make it attractive and useful for the owner and for the community. This lot is in character with that particular neighborhood. I suggest to you that without adding to the congestion and within the standards set forth in the zoning criterias this project is a beautiful and natural and does apply to the zoning standards. The proposed change is not concrete to the planned used pattern of that area. The proposed change would not create an isolated district unrelated to adjacent criterias. The proposed changes would not materially alter the population density pattern thereby increasing an over taxed public road, etc. The existing district boundary are logically drawn 150 JUL 2 419M I V in relation to the existing condition of the property proposed. The change or changes condition make the passage of this proposed feasib'.u. Now, the standards of the conditional use development and ordinance 801.8 ,which set forth the regulation of a planned unit nature .,.e construed in i%rciclu 6, Section 6 (1). which states inter alia as followings: Conditional use development standards. (1) Residential development of a planned unit nature subject to the following: The density shall not exceed a one dwelling unit per each three thousand feet of side area. ;. su6gest to yot. t.liat this particular lot which is seventeen thousand eight hundred twenty feet div'ded into five units will give three thousand five hundred sixty-fo,ir feet per unit. That means that they have five hundred sixty-four feet more than what is required by (a) as far as density is concerned. (b) Establishes that no building contain more than two dwelling units and such building shall be separated by at least ten feet. According to the plan those buildings are separated by thirteen feet, thus leaving three... an additional three feet of what is required. Further, as far as heights is concerned state that no units -shall be more than two and a half stories high or thirty-five feet high. This particular unit is two stories high, therefore, it's within the standard by one half a story. A single attached family dwelling according to Subsection 3 the three duplex minimum is eighteen thousand feet, but this ;project consisting of two duplexes and one single unit home. The area projected again, is seventeen thousand eight hundred twenty feet for this planned unit nature was saying that we have sufficient and ample footage. We have not deviated at all from the standard as set forth in the unit were again within the criteria of a planned unit nature which s trying to make the best usable of a piece of property for the best design and shape which is attractive not only to the neighbor but also to the community. We are suggesting in fact that by adding this particular property we are indeed improving the less than one percent vacancy ratio in the City of Miami. So therefore, we submit to the questions of the board and we respectfully move for your by reversal of the Zoning Board meeting. Mayor Ferre: Alright, are there any questions from members of the Commission? Are there any objectors present that wish to speak? Alright, let's hear from the objectors. How mny of you need to speak? Four, ok. Three minutes and I will give you a little extra time and chat will give you about fifteen total. How is that? Ok, three minute speech. Ms. Millicent Camber: My name is Millicent Camber and I have lived in that neighborhood since 1926. I have lived on the... of lot ten there since 1940 and that area there I'm very confused by all his numbers of square footage to the property etc. I would like to ask a question about... Mayor Ferre: Take the mike over to her without knocking anything down. (BACKGROUND COMMENT_ OFF THE PUBLIC RECORD). Mayor Ferre: Ok, go ahead. Ms. Camber: Well, does that square footage include that particular piece of property and the parking also, is that included in there. And then on that the entire area has Extremely large lots on there and if they are to be allowed to cut that up, well, can we do :he same thing without coming and petitioning the Zoning Board for that. Can we go ahead and build all these units on our properties there. Do we have to come there. And the other question is on the back of this lot there is a lot of green trees there. Can they cut those down just as they wish? Mr. Plummer: Well, the answer to one is "no" and the answer to two is "no". Ms. Camber: Then they can't very well do what they are talking about there. - Mr. Plummer: The answer to that is "yes" if this Commission approves it. A PUN is on each application must weighed of it's merits by this Commission. As reference to the trees, that is under the tree ordinance and they would have to speak to that as to the size of the trees and relocation of the trees. If you wish for example to do the same with your property or something very similar with your property you have every right as they did to come before this... well, first before the Zoning Board and then this Commission and petition that you be allowed to do the same. Now, whether or not it's granted is up to the Zoning Board and this Commission. Ms. Gamber: The gentleman stated that there was thirteen square feet between the buildings, but according to the plan that we had seen before that was not so. The buildings were joined together and built. So we would like some, you 151 JUL 2 4'930 E V know, explanation there. Mr. Plummer: The department will have to answer that. Ms. Groves: The buildings do have a thirteen foot space between them. However, they are theoretic... well, they are joined together by a trellis which allows them to come within the thirteen fve`. So it's somewhat "yes" to both. Mayor Ferre: Alright, ;e!t's hear fro".. Lille r.t.xt objector. i'here is three more objectors. Any other objectors want to speak? Mr. Floyd Smith: My name is Floyd Smith, 1451 Northwest 31st Avenue. Mr. Mayor and City Commissioners, I oppose this because he may talk about all this square footage over there in his parking area and I went out and measured that and I don't jive with his plans. I'm next door to that lot and if you let them do anything like this it's just going to be a slum area and just a parking lot in the whole block. So I object to it. Mr. Plummer: Sir, you understand... you understand don't you that he has t& surrender a plan and his plan has to jive with that which he is saying. If it does not then it is null and void. Now, if there is some particular point that you have that you figure your figures don't jive with his then make so notation in the record. But unless the department which usually stand up and scream loud and long if there is some misquoting of figures he is bound by that plan which he surrenders sir. He cannot change that plan if this Commission approves that plan. He cannot do it himself unilaterally. Mr. Villalobos: 1 have the plan available for the gentleman. Mr. Smith: Yes, I have seen the plans. I have seen them. I live next door. Rev. Gibson: Which is your lot sir? Are you... Mr. Smith: In Red north. Rev. Gibson: That... you live in that... in the little house there? Mr. Smith: Right, north in the red. Rev. Gibson: Uh-huh. I follow. Right. I understand. Mr. Smith: Right in that area there is no two story dwellings and it doesn't jive with the neighborhood. Thank you. Mayor Ferre: Go ahead. Mr. Norman Gay: My name is Norman Gay. I live on lots thirteen and fourteen and I have been on fourteen for thirty years. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Thirteen and fourteen. Mr. Gay: Lots thirteen and fourteen. You kind of hurt my feelings, you painted them red. If you have been out there and looked at the place, it's green, ok. Mr. Plummer: Red means you object. Mr. Gay; I say but it's green out there. If you have been out there you know that. — - Mr. Plummer: You don't want to paint it green because that means the applicant owns them. Mr. Gay: Well, it is green now. It pretty and green and it's a nice place to live even though we have the airplanes. And we kind of think it's out of keeping with our neighborhood and we would rather not see it happen and something else we had to think about is the airplanes go over us. Now, we don't complain about the planes they were there when we went there to live and we have learned to live with them. But to make it a higher density area I think is a very foolish thing for me to do or anyone to do. I have'two units on my one lot and the lot next door I have one house and I would like to see you all disapprove it. Thank you. 152 2 4 JUL i980 Mayor Ferre: Alright, are there any oth..r objectors that wish to express their objections. Mr. Gamber: My name is Gamber. I live at 3070 14tn Struet. Mr. Mayor and Commissioners, I'm sorry that I'm i.uL cquaiiitca w-'Ch those plans like I would like to be. However, there are a couple of questions. Mayor Ferre: Go right ahead Mr. Camber. Mr. Gamber: Questions that I woulc' k�'ke for your :lanning and your Zoning Board to answer for you because it seems to me that is their job and when this was presented the last time I was here t your Planning Board it was denied, I think seven to zero. Mayor Ferre: That's correct. Mr. Gamber: Now, there must be a reason for that denial and for them to come before you as more or less a desire on their part as saying we are going to - a higher court... Mayor Ferre: They have got that right. Mr. Gamber. They have that right. It's also our right as citizens of the area to point out to you that there is a thing always called density less than value intended on the part of a purchaser. You know it very well from your own experience that to change zoning in this area and bet a higher dollar return is always the intent of a developer. Now, when you offer a variance, you have to offer a variance based upon hardship, some other corm of right of a variance. There is no right of a variance here other than the demand of some developer trying to make more money out of a piece of property. Mayor Ferre: Alright, sir, thank you, very much. Mr. Gamber: No, just a moment. This land was cut as I understand it, into three pieces. There is a minimum requirement for each building. My question is, is that minimum requirement being fulfilled? I don't think so. My question is do the setbacks exist on this cut up piece of property that are legal? I don't think so. I would like your Planning Board to answer these questions. I'm opposed to this variance. Thank you. Mayor Ferre: Alright, are we ready? Rev. Gibson: Are we through? Mayor Ferre: You want to rebut that? Mr. Villalobos: Yes, I would like to rebut that. We certainly promise not to have any airplanes in our particular lot there and we don't plan to have any there. Mr. Carollo: Helicopter? Mr. Villalobos: Not helicopter either. We certainly... I was born in 1937 therefore, I haven't been there that long and certainly I don't plan to be cute, but I don't think that there is anything wrong either about making money. We don't want any zoning changes. We are bound like Mr. Plummer said by our plans. We have our plans. We have our figures. I think that we have divided according to specifications set forth by the law. So therefore, we are requesting that the... Oh, by the way when the gentleman said that there must be a reason why the Zonir* Board disapproved seven to nothing and we come in here seeking reversal. In Item #5 I was approved seven to nothing in the Zoning Board and the board disapproved the Zoning Board. Rev. Gibson: Mr. Mayor, I was out to see that piece of property yesterday. I want to tell you that, that is still one of the admirable areas in the City of Miami. You don't find lots quite as wide, nor quite as deep. I think it would be a mistake for this Commission to even to attempt to change the character of that neighborhood. I therefore, move sir to uphold the Zoning and Planning Board. Mayor Ferre: Alright, there is a motion, is there a second? Mr. Carollo: Second. 153 JUL 2 41980 4 4 Mayor Ferro: There is a second, is there further discussion? Mr. Plummer: Mr. Mayor, under discussion. The very reason that this Commission or the Commission before put into being the pla ned unit concept in my estimation was for the purposes of unusually large rots that coulft be laid out in such a pattern that they could give a better aspect to the amenities that surround the area. If this lot which is ninety-nine by a hundred eighty. We are talking about a lot that's almost twenty thousand sc,uare feet. We are talking about that, that lot could be in fact split into two and ,ave two duplexes on those two lots. The applicant is asking in your plan for five... Mr. Villalobos: Five units. Mr. Plummer: Five units. Mr. Villaiobos: That will be the existing home in the front to be left alone and two units to be built going north in that... west in that particular area. Mr. Plummer: That's four units. Rev. Gibson: Right, four units. Mr. Plummer: It's four living units, sir. That's four living units. Mr. Villalobos: A total of five units, an addition of four. Mayor Ferre: One existing, but four new. Rev.Gibson: You look again. Yes Sir, my brother, you look again. Mr. Plummer: It's a total of three units. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: There are three structures on that property. There are three structures. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, is there... Mr. Plummer: I'm not going to enter into semantics with you, alright. I'm saying to you in my estimation there are three units. Mr. Mayor, I... Mayor Ferre: It's 9:20 make your point. Mr. Plummer: My point is if we are not gcirg to encourage the use of planned unit development then I think we ought to consider taking it off of our books. We are having a property here with twenty thousand square feet. Mayor Ferre: Further statements? Further questions? Call the roll, please. ON ROLL CALL: Mayor Ferre: The vote... therefore, the decision falls on me. Pepe, I would like very much to vote with you on this, but I'm afraid I cannot because I think that this is a neighborhood... I subscribe to what Father Gibson has said and I just don't see that the community is well served. I think that the planned unit development was made for much larger pieces than for a piece of twenty thousand square. Now, that's my opinion. I don't think that his serves the . community well,_ I don't mind voting for variances if I think it's for the overall welfare of the community .a general, but I don't see that there is any hardship here and that the rules are very clear and therefore I vote with the denial. So the item is denied three to two. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 80-574 A MOTION TO UPHOLD THE ZONING BOARD DENIAL OF APPLICATION FOR CONDITIONAL USE OT PERMIT DEVELOPMENT OF A P.U.N. - PLANNED UNIT NATURE DEVELOPMENT AT 3095 N. W. 14TH STREET 154 JUL 2 41980 Jpon being seconded by CommissiQaer Curo.lci, ::olio:, was passed and adopted by the following vote: AYES: Mr. Carollo, Rev. Gibson and !,your Ferre. NOES: Mr. Plummer and Vice -Mayor Lacasa. ABSENT: None. 48. (A) GRANT CONDITIONAL USE FOR PARKING LOTS 114-160 N.W. 59 STREET. (B) GRANT CONDITIONAL USE TO Pcici:T RESIDE\IIAL SUBSTANNCF. ABUSE FACILITY (SPECTRL.4 PROGRAa, INC- 114-100 N.W. 59 STREET. mayor Ferre: Alright, now we are on the next item now which is Item #11 which is the appeal by Spectrum. Alright, are there opponents in Item #11. Is there anybody here in opposition to Item 11? Are you an opponent? (BACKGROUND COMN.ENT OFF THE PUBLIC RECORD) Mayor Ferre: Ma'am? (BACKGROUND CGDOXNT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, this is Item 11(a). Would you like to speak first? (BACKGROUND COPL'ENT OFF THE PUBLIC RECORD) Mayor Ferre: I see. Are you in opposition? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, 1%;t's see if we can explain it to you before we get into it. This is an appeal by Spectrum to the board's denial of conditional use to permit open parking lots at 101, 129 and 137 Northwest 59th Street. The Planning Department recommended approval in accordance with the plans on file and landscaped approval by the Planning Department. The Zoning Board split. It was a three to three vote now, but that meant it was a denial. Now, will the Department make its recommendation, please? Mr. Reid: The department has recommended approval of the application. The application really consolidates an already existing facility on this site. We had not in previous public hearings received negative response frcia the immediate community. And the program that has been running the facility has based on our examination been a very well runned program. So with those considerations in mind we have recommended approval of the application. Mayor Ferre: Alright, go right ahead. Ms. Groves: We just received today a letter from Marshall Farkas who is the program administrator for Dade County Comprehensive Drug Program recommending this and I would like to distribute copies. Mayor Ferre: Fine and put it into the record. Alright, will the applicant speak to the item before us. Mr. Franklin Burt: Mr. Mayor and Commissioners, my name is Franklin Burt, 1300 Southeast 1st National Bank Building. I represent Spectrum. With me tonight are Mr. Bruce Hayden, as well as members of the board, concerned parents who are... who's children have been in the program and this spectrum grogram is one of the most highly respected drug rehabilitation programs in the City and in the County and in the Nation. The request is to really consolidate use of the existing facility and to permit additional facilities such as a dining facility in the Administration Building and some additional parking for the Administration. The Spectrum Foundation Program is the first place that our City of Miami Police Department receive any training with respect to drug abuse programs. The Spectrum Program works with numerous church, athletic prograz:is. Several social work student programs are administered through Spectrum. The Department of Correction sends its staff to Spectrum for instruction in drug rehabilitation programs. The Dade County School System sends referrals 155 JUL 2 41980 to this program. Spectrum has a program for the aged on drug abuse. This is one of the best programs that... and it's a real asset to this city and I would urge this Commission to grant this use so they may continue the very good work that they have been doing in the past. Mayor Ferro: Alright, thank you, very much. Alright, is there anybody who wishes to speak against? Alright, would you take this drawing and take it back and show it to that lady wo is... Would you explain to her what it is that you are planning to achieve. Alright, any questions from members of the Commission? Mr. Plummer: Well., has this lady's questions been answered? Mr. Burt: Being answered Mr. Commissioner. Mr. Plummer: To her satisfaction? If they are I won't ask what the questions are. If they_are not... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: I move 11"A" Mr. Mayor. Mayor Ferre: Is there a second? Mr. Lacasa: Second. Mayor Ferre: Further discussion? Rev. Gibson: Mr. :Mayor, I want to say this. I have mixed emotions. I want to tell you that sir. I'm supposed to always be on your side. The side you represent and I am, but I want to issue a note of caution. Agencies are inclined to come here cry poor mouth, ask for mercy and after we do what we do in good... with good intentions and call ourselves being merciful and understanding usually you go out there and tell. us to go to hell. And you don't say to us go to hell. What you do is you send us to hell by not tell us to go to hell. By ignoring us and ignoring the concerns of the people. If I know anything about your kind of facility I know what your people are like because I have to deal with them as a priest. Ok. If we tell you yes tonight I want a commitment on the record. Now, I'm going with it because the people are not here objecting. I'm going with it because you know, I'm supposed to be on the side of mercy and love and all that other business. "He that is without sin cast the first stone". But if you don't go out there and monitor this program... I'm going to tell you this. I pity another agency that comes before this Commission while I'm here. Now, I want... and don't tell me you are different, because you know, I sell the same jazz you sell. You understand? And I am concerned about you having one part of the project over on that side of the street and another part over here. I want you... I didn't see you yesterday did I? Mr. Burt: No. iI Rev. Gibson: I saw somebody else on your staff and so I am at least aware and as much sympathy as I have I want to warn because I get very, very bitter abou when I have to face the public anu' to try to make them to understand that we must give and take and then when you all get what you want you tell us in no uncertain terms by your action and by your deed to go to hell. So I want you if you get this thing tonight, you make up your mind and you make a commitment here tonight that you are going to go out there and do one hell of a good job monitoring the action of those people who are going to be in that program, because they get out and they don't give a damn. Ok? Alright, I want to make sure you understand that. Mr. Bruce Hayden: Rev. Gibson? Rev. Gibson and members of the Commission, my name is Bruce Hayden I am the Executive Director of the program. I can, will and very definitely promise that commitment to this Commission. We have residents to the Committee... residents of our facilities here. They can tell you that our staff at Spectrum Program does monitor, does maintain and is not going to fault on any type of obligation to this Commission, to this City, to this State, but first of all Spectrum Programs will never fault on its obligation to our clients. Mr. Plummer: How long have you been in business air? Mr. Hayden: We have been in business... we are going on our llth year. Mr. Plummer: In this same location? IM 1 JUL 2 41980 T Mr. Hayden: We have been seven years in this location. Mr. Plummer: Alright, what Father is saying i- tras. And I hope you understand. Obviously, to this point you have dote a good 1:)b Lecause there is no one here in objection, because believe me with most cf these kind of applications we get people coming here screaming loud and long that there is narcotics and there is drinking and there is st2xuai activity. Obviously, what you have come this far you have done a good job. Father ex?ects you to continue to do that same good job. I waLit to ca_tio-L you sir, �-nis is a conditional use. Conditional use means he who giveth can take away. Rev. Gibson. And if you don't keep that condition I want to be the first as the priest... remenber I'm a priest, ok. I want to be the first as the priest to come up here and ask that they lift the condition because I think it's unfair to the public for you to just tell as to eo to hell after you get what you want and I speak with a passion about it. And Mr. Mayor, I was out there yesterday. Mayor Ferre: Alright, further discussion with that warning, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-575 A RESOLUTION GRANTING A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 8, TO PERMIT OPEN PARKING LOTS ON LOTS 14, 15 and 17, BLOCK 2; HICH SCHOOL PARK TRACT 94-44), BEING 101, 129 & 137 NORTHWEST 59TH STREET, AS PcR PLANS ON FILE, AS AN ACCESSORY USE TO A RESIDENTIAL SUBSTANCE ABUSE FACILITY (SPECTRUM PROGRAM INC.). THIS APPLICATION TN CONJUNCTION WITH A CONDITIONAL USE PETITION TO ESTABLISH THE RESIDENTIAL SUBSTANCE ABUSE FACILITY; ZONED R-3 (LOW DENSITY MULTIPLE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Take up Item # 11 Mr. Plummer: I move. Mr. Lacasa: Second Mayor Ferre: Moved by Plu^-.mer, seconded by Lacasa, further discussion? Mr. Plummer: Mr. Mayor, that is in accordance with the plans on file and landscaping approval by the Planning Department? Mayor Ferre: Yes. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-576 A RESOLUTION GRANTING A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VI, 157 2 41980 JUL SECTION 1(4-A) (d), TO PERMIT A RESIDENTIAL SUBSTANCE ABUSE FACILITY (SPECTRUM PROGRAM INC) ON LOTS 2 THRU 11, BLOCK 5; HIGH SCHOOL PARK TRACT (4-44) BEING APPROXIMATELY 114-160 NORTHWEST 59TH STREET, AS PER PLANS ON FILE. THIS APPLICATION IN CONJUNCTION WITH A CONDITIONAL USE PETITION FOR PARKING. LOTS 2 THRU 8 ZONED R-3 (LOW DENSITY MULTIPLE) AND LOTS 9, 10 and 11 ZONED R-2 (—,40 FAMILY LWELLING). (Here follows body of' resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 49. GRANT 1-YEAR EXTENSION OF VARIANCE - 204 UNIT HOTEL 3209-31 6 3301-03 S. W. 27TH AVENUE AND 2667-75 SOUTH BAYSHORE DR. GROVL HARBOUR HOTEL Mayor Ferre: Take up Item #12. Before we take up Item 12, Marty, is there anybody here on Item 13? Is that a complicated thing? Mr. Plummer: Just an extension. Is there any reason by the Planning Department it should not be granted. I move 13. Mayor Ferre: Alright, there is a motion on 13, is there a second? Seconded by Lacasa. Mr. Plummer: Well, wait a minute, for the record... for the record... Mr. Carollo: No, this is 13. I would like to make a statement on that if I could. Mayor Ferre: Ok, well we are goin to... Mr. Carollo: If I recall correctly I had made a... Mr. Plummer: I withdraw my motion. Mr.Carollo: I had made a motion... 1L" J U L 2 41980 V Mr. Carollc,: (Cont'd) ... back wnen we ,;ranted the varia:..-;,a, I don't know how many months ago, in January o this year. L:n,at I have now with them coming back to us and : equest-; .9 r:,at we exte:1c this for another year is that there is litigation with the property Mere and I don't want to get the City in the middle of that. Now orce they get done with their prob- lem and they come back to us fine but I don't want to be put in the spot that they're in the middle. of that, Lhc ' '(. to uc, now an..: dskln4 for the extension of ar,oti.,3_ yQ3r. Once t:.e. 're dir.c and have resoi<•ad their problem fine, come back to us but I don't think it is correct and proper for them to come now while this is going on. Mayor Ferre: You .;ee, the problem •dith that, Mr. Carollo, is that they have no choice becauae if we don't give then. an extension then obviously the court matter is a mo,)t point, isn't it? UNIDENTIFIED SPEAKER: Yes, sir. Mayor : erre: Precisely. �o in o :::er w<oras t::e only ..y ycu let the::. lave their day in court is by giving tnem t::is c:xtensio . .s.a that's w:,y I assume - that the department recommends it. Okay? Is that correct: UNIDENTIFIED SPEAKER: That's correct. Mayer Ferre: All right, there is a motion on the floor and it has been :seconded, is there further discussion on Item 13? Call the roil. The following resolution was intro--uced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-577 A Rc.SvLUTION GRANTING A ONF. YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6671, ,'ARTICLE XI, SECTIONS 3(2) (a) (c) & (5), TO PERMIT CONSTRUCTION OF A 204-UNIT HOTEL (GRA11D BAY HOTEL) ON LOTS 9 THRCUGH 15 A-= 20 TEROUGH 40, LESS DEDICATIONS, BLOCK 41, NEW BISCAYNZ A= (B-16), BEING APPROX- I:4ATELY 32G9 - 31 AND 3301-03 S.W. 27TH AVENUE AND APPROXI- MATELY 2667-75 S. BAYShCRE DRIVE, AS PER PLANS ON FILE, WITH 1.79 FLOOR AREA RATIO (FAR) (1.5 FAR PERMITTED), 21' (75.75' REQUIRED) NORT:•WESTERLY SIDE YARDS AT THE POINT Or LEAST DEPTH AND SUBJECT TO REVIEW BY THE ENVIRONMENTAL PRESERVATION cREVIEW BOARD; ZONED R-C (RESIDENTIAL OFFICE) DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon be4ng seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo. UNIDENTIFIED SPEAKER: Mr. Mayor, on Item 13, I would -just like to call the Co.Tr:iission's attention to the fact that we have submitted a letter to George Knox on June• 30th. Major Ferre: I'm aware of that. UNIDENTIFIED SPEAKER: About the problem, the interpretation of FAR outside the base building line. we think we can proceed with this project if we had an interpretation on that issue and also have submitted a proposed ordinance to correct what may be a definitional problem and would hope that the City would ser4cusly consider that as a means of resolving this long and frustrat- ing litigation. Mayor Ferre: All right, the City Attorney was sent that letter maybe three or four weeks ago and then I saw a copy of it and gave one to Mr. Fosmoen and that was a letter with regards to this squabble that's going on here in this hotel. Mr. Fosmoen: That was less than a week ago, fir. Mayor, yes, sir. Mayor Ferret Yes, that I gave it to you but Mr. Knox received t1hi3L letter about three weeks ago. Does the City Attorney's Office stand ready to make a recommendation on t,iat? Mr. Percy: Not at this tin(- Mr. Mayor. Mayor Ferro: All right, will you do that by the meeting in September? Mr. Percy: Yea, :,ir. Mayor Ferre: And woaid you .,.t together with th,, appripriate individual the department so th_1-. it can be both a legal and an administrative recoaa.enua- tion one way or tce other, which ever? Okay? UNIDLNTIF'IED SPEAKER: Thank you, sir. Mayor Ferre: All right, sir. Angela, will you put that on the schedule for September the llth? 5J. ACCEPT PLAT: "NETTIE SUBDIVISION". :he following resolution was introduced by Commissioner Lacasa, who mov l its adoption: RESOLUTION NO. 80-578 * RESOLUTION ACCEPTING THE PLAT ENTITLED NETTIE SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDI- CATIONS SHOWN ON SAID PiAT; 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 Maurice A. Ferre NOES: None. 160 JUL 2 4 )980 f 51. OVERRULE DECISION OF oNi i.jG BOARS AND GM - Vr.. iA',CLS FOR 162 UNIT A:ARTMENT STROCiURZ: AT 1617-1627 BR:CK-L. AVcN:: SUBJECT TO CERTAIN CONDITIONS. Mayor Ferre: We're nctw o:. _ter. 12 Foe ::he recorc, since this half of this property used to belong to my father and my family and subsequently to my sister and since up until recently I was the immediate next door nrighbor even though there is some question as to whether cr not I have any conflict since I had a conflict when the matter originally came before the Commission, it would be in my opinion for me to all of a sudden be able to vote on this particular piece of property and so that I would be beyond criticism of any xind I think it is beat for me to recuse myself from thij matter that comes before this Commission. So at this time I will turn the gavel over to the illustrious and distinguished Vice -Mayor of the City of Miami. Mr. Lacasa: Thank you very much, Mr. Mayor. The administration. Mr. Plummer: Is the applicant here? Mr. Lacasa: Yes, he is. Ms. Susan Groves: Thank you, Mr. Lacasa. Yes, he is. Item,.12 is being heard by you on appeal from a denial issued by the Zoning Board. The request is for seven variances in conjunction with the construction of a condominium project. First let me give you a little bit of history. On January 21st of 98 the Zon- ing Board approved a condominium project for this site which had, once the ap- proval was granted approximately 130 uni*_s, it was 22 stories in height and would contain 220,264 square feet of floor area. Subsequent to that approval there was an administrative interpretation generated by the City's staff which stated that submerged land could be included in the area of calculations, there- fore, the applicant has come back since he was eligible to include almost 38,000 square feet of submerged land in this site area. He has come back with a modi- fied design. This modified design increases the original approval by 32 units. It adds 8 stories to the building or approximately 91 feet in height and on top of that it increases the floor area by more than 40% or greater than 86,000 square feet. The original proposal that was granted was for essentially 6 variances. Now normally the additional 37 plus thousand square feet of sub- merged land would have eliminated all but two of the requested variances and these two exceptions would have been the side yard variances but because the applicant has chosen to increase the building by over 88,000 square feet not only have the two original, two more of the original variances been reinstated, those are for floor area ratio and lot coverage for the accessory building, but a new variance has been added and that is for lot coverage for the princi- ple structure. In addition, now, even greater variances are bei"g requested for the side yards for the principle structure. Originally 91% of the set- backs were being provided, now only 61% will be provided under the new plans. In summary, the Planning Departm..ent is recommending a denial of this latest request. We feel that there is no hardship in this instance, the lct has more than regular dimensions, more than adequate area to allow reasonable develop- ment. We feel that the proposed development as it is designed would over develop the site and could be harmful to neighbors and to citizens of Miami and evidence of this is the number and the magnitude of the variances that are being requested. Therefore, we are recommending that either the original design as approved by the zoning Boara be developed, and it is my understand- ing that permits have already been issued for preliminary construction for the site as per the original planE, or else, we feel that the design should be re -done to take into accou-.: from the beginning the submerged land where we feel that this design has not done that. We could go along with on top of what was granted by the Zoning Board, on January 21st an additional 3 stories, what would amount to essentially an additional 3 stories on the existing struct- ure, that would allow the new calculations, approximately a 2.0 floor area ratio. Mr. Lacasa: Thank you very much, Susan. Mr. Fine? Mr. Martin Fine: Mr. Vice -Mayor and members of the Commission, my name is Martin Fine, 2401 Douglas Road and I'm here with Stuart Simon, my partner, to present I hope in a very short and precise and very factual manner what we're asking for. Mr. Herman Romney and his partner, Bernardo Ford of Archtectonica are the architects for this very outstanding project and I think have prepared a very appropriate and illustrative rendering of the .L01 JUL 2 4 SW proposed protect but perhaps more-Lmportantly and more ramatically have pre- pared that sketch which Mr. Romney is holding in blue and white which depicts at the bottom the building at 187 feet as it was o n ;:.raiiy approved in Jan- uary and the two buildings next c:uvr towering it and dwarfing it at 287 and 404 feet. The graph up top Shows the building if approved as we've requested at 257 feet and the other structures as they are. I'll go over this very briefly and it I go the fast wil". you stop me, tut I <:.cw it is getting late and you have � of acre to do. ne n-t_re of t:,.s i.arasnih :.s thal. the size and shape c£ tnt�s(two lots i)al_ng very very long and narrow particularly com- pared to the 'Larger tr&cts of land in this area causes this owner a substant- ial hardship. Ir, addition, the action taken by the City Commission in con- nection with the two, adjacent properties places the sub;ect property at a sub- stantial disadvantage unless these variances are granted and again I think a picture is worth a thousand words and you can see what happens there. In ad- aition, the City's insistance on a dedication of 70 feet which the owner has previously agreed to give ana will give, constituting 14,000 square feet of land places a burden and a hardship on this ap.,iicant ana is appropriate basis on which to request a variance under the hardship provisions. The next one, I must say I find very interesting and very fascinating and that is caused,-1 think by the fact that the side yard set back and other requirements that still prevail were probably promulgated 15 or 20 years ago in an entirely different era and an entirely different mentality in terms of development and that is that the sideyard setbacks required inappropriately restrict the reasonable use of this site. Please bear this in mind that this development is only using ,0% of the land in terms of the actual physical building itself and to depict how dramatic that really is, if you remember the last City C:Zarter amendment, th_ election you had about a year ago, that required that 27$ of the water - frontage of the property have a view corridor. This particular project would then require only 50 feet for frontage on the bay whereas this project has 162 feet on the bay so that 81% of the project, the land facing on Biscayne Bay is being retained for open space. The side yard set backs, the percent- age of variance over the required yard setbacks are in the overall and when compared to the other structures we believe reasonable. One of the buildings is 3% higher and this particular protect is 19% less than the Villa Regina which was approved by this Commission not too long ago. In reference to why we're back, we're back because the City's staff and this City Commission has determined that submerged land shall be included in the appiication, that determination was not made until after our hearing in January and, therefore, we did not include it in our calculations. We're coming now to be in conform- ity with what the policy is that the City has adopted and to present to you a building which we think will be another architectural award winner by this firm which has done several award winnning projects in that area and in keep- ing with the variances that are reasonable and permit the reasonable use of this property. I'd like to pass---- In very dramatic and very factual and accurate terms the architect has prepared a calculation comparing the requested variances to the variances previously granted within the last short period of time and it is set forth in great detail on that project - pardon me, on that document. I think it shows that this higher density with appropriate setbacks and goon planning in the Brickell area has been favorably passed on by this Com- mission and we believe -gat this project would be in keeping with that posture and frankly is substantially less in many respects than we've asked for before. We are basically asking for equal treatment and equal recognition of the kind of zoning policy and variances you adopted in the very recent past. I could go on for another hour or two and tell you why I think this project is great but I think, for example, that the Mayor although he is not participating in this particular vote, and you as a Commission, before have ennnunciated a pol- icy that higher density close to the downtown area is appropriate. This com- munity is going to spend millions of dollars on a mass transit system, one station of which will be less than 7 blocks from this property on Brickell, we think it is appr..jpriate to have this reasonable density. I want to say in closing that I have for the past 30 years appeared before a City Commission of the City of Miami on various zoning zoning ordinances and I never :ease to be amazed at how the nature of the projects change. I remember when a former Mayor of this City, %be Aronovitz, well, he wasn't Mayor at the time, rezoned the first parcel on Brickell Avenue for high rise and those of you who were here then, it was what is now the Brickell Townhouse and people thought, my goodness, that will just ruin the whole neighborhood. Well, you know it not only didn't ruin the neighborhood it improved the neighborhood in my opinion, the neighborhood merely changed. ;,There some of the great office buildings on Brickell Avenue are Mrs. Harris's school was at 9th and loth and Brickell and there you have Citizens' Federal and others. So what we're really asking for is to come into the 21st Century on Brickell Avenue and we're asking that this building which I believe 10 years from now we'll look back and say, "We really should have a higher density here, we should have had 4 or 5 FAR because that's what it is going to take to house people in this kind of an area. f These architects arc. very ::ompetent and are here to answer ..n_ te:`:nical c,ues- tions you have, ttr. Sim,n and I will 1)e qJ ae to respond tc any legal questions and I think unless you have anything else we would be glad to close our presen- tati,:)n. Mr. Lacasa: Thank you, Mr. ine. Do we have any opponents .� this project? Marilyn. Mrs. Marilyn: Reed: My name is Marilyn Avt.c. sna 1 have scar. asked by Miss Janet Waldman to give her jLa:.ement tonight. Siu ' S ir, T ,r•.pa taring her bar exam and I believe she hd asked permission of one Cc„n:c:ssi in to allow me to do this and I have the various resolutions necessary from her organization. Mr. Fine, your copy, the Clerk's copy. I have copies of things here for you all too. For save Brickell Avenue, Inc., this is Miss Waldman's statement: "Honorable Mayor, Vice -Mayor and Commissioners, I have asked Marilyn Reed to read this letter to you at ti:a City Commission Meeting. :t is s deferral request-td by me by my July 18, 1960 letter to Ralph Ongie is denied. Because I must be out of town to take the bar exam, I am unable to be present and apologize to the Commission for my absence. First, Save Brickell Avenue, Inc., a Florida Corporation, not for profit, whose members are property owners and residents in the immediate vicinity of the property in question, is opposed to the granting of the var= lances requested. Without acknowledging that such resolutions are necessary, as this Commmissicn and its representatives have on numerous times ruled that they are not, but in order tc cooperate with Mr. Fine, I hereby tender to the City Clerk copies of two resolutions _)asked by the Board of Directors of save Brickell Avenue. The first states that we are opposed to the granting of any ana all the variances requested. The second authorizes to officers and direc- tors of save Brickell Avenue to write and speak on behalf of the Corporation. At this time, we would respectfully inform this Commission that the item is not properly before you tonight for the following reasons: First, the Compre- hensive Zoning Ordinance, Article 31, section 3, subsection 3 prohibits rehear- ing of any item previously denied for a period of one year, on any part of the same property for the same type of variance. On January 21, 1980, the '.zoning Board approved in part, but denied in part, specifically FAR, requests for variance on two of the same lots before you now. This would preclude this item from being heard, especially the request for FAR variance. This Sale situation has arisen before, and the court held that the item could not be heard. That case is City of Miami Beach v. State of Florida ex rel. Consolo 279 So. 2d 76. Second, the application is incomplete in that it does not contain all the items required in Article 31, Section 2(1)(a) of the Zoning Ordinance. It also does not contain the required written consent of not less than 10% of the owners of property within 375 feet as required by the City Charter, section 72 (t)(1) and 72(q)(2). Third, the notice of both this hear- ing and the Zoning Board hearing was inadequate or omitted in the following manner. (1) Florida statutes 175.05 and 163.170, 163.175 and 163.3164 re- quire one or two notices, depending on the section, but all require it 15 days before the public hearing is to be held. That was not done. (2) The City Charter, Section 72(o)(1) requires that the notice state the changes sought. The published notices did not state the changes sought. Published notices of this meeting in addition did not state the legal description of the property and the name of ti.e street. It only stated that the Commission would have a meeting. (3) The requirement of the City Code Section 62-25 was not met in the same manner. also, the required posted notice, that is to be posted on the property, was not present on the property last Friday, that is, on July 18, 1980, and since. Especially because this is an appeal it was not listed in published notices, the failure to have the required notice posted on the prop- erty is fatal to your jurisdiction. The people are not aware of this appeal. They couldn't be since there was no published or posted notice, and only a very few people received mailed notice. (4) All notices regarding this appli- cation incorrectly state all the property is R-SA, when, in fact, the sub- ' merged land zs -R-1. For •.,11 the above reasons, this item should not be heard, and we respectfully request dismissal of the application, or at the very least, deferral until proper and complete notice is effected. However, this is not meant to waive any of the points raised." And at this point if you all decide on deferral I shall not read the rest, however, if you take no action I have been instructed to read this. Mr. Lacasa: Thank you. Let me clear this matter with the City Attorney. Mr. City Attorney, a couple of technical questions have been raised by opponents of the project concerning whether or not this Commission should hear this case tonight. What is your ruling on that, sir? Mr. Terry Percy: These arguments were raised by Miss Waldman both to me indi- vidually and before the Zoning Board. There is a factual difference in this application than the one previously before this Commission, therefore, the provisions of the Coning Ordinance she is relying on is not applicable. I am also advised by staff that there has not been a departure in the customary 63 J U L 2 41980 notice procedures As per the Zoning Ordinance so we don't have any problem with it. Mr. Lacasa: Taking into consideration the opinion of the City Attorney, the Chair rules that the hearing shoulc: proceed. Mrs. Reed: Okay, I've got about four pages nere to go then. "...Attached to your fact sheets is the D.O.T.:. off:clal comment an the plan submitted by this applicant. _t contains six problems it found with this proposal. Some of them a::e auite se::ious in nature, such as support colums in the parking stalls, parn.::y stalls not long enough, and no line of sight fat the drivers in certain areas. As of the date of this letter, there has been, to the best of my knowledge, no attempt to rectify the problems pointed out by D.O.T.T. It is important for you to know that this applicant has not done anything to modify or adapt his proposal from the January proposal other than to add eight floors. There was no concern for what effect the added height, units, floor area, and such would do to the plan overall. Mr. Romney, the architect con- firmed that this was the only change in a conversation with me, and my inde- pendent inspection of the old and new plans and figures show that to be the case.. The first page in the packet submitted to you by Save Brickell Avenue is a comparison of projects on Brickell in figures that have some meaning - that is, these figures consider only the upland portion of all sites. High- lighted in pink is the proposal before you tonight. Highlighted in light green is what the Zoning Board approved for this same applicant on the same property this past January 21. also on the chart are the figures of other developments on Brickell, and those in the last three years are complete sets of figures. Older projects show the height and F.A.R., because more detailed figures were not available in the limited time I had to prepare this. Please note that both La Santa Maria and Villa Regina projects, the only previous applicants to include submerged lands, are presently or very shortly going to be contested in the Courts. we believe that the Court will quash those deci- sions, and the figures for those projects, although approved by the City, are not final at this time. In fact, a quick comparison will show that what this applicant has already had approved is the highest Floor Area Ratio of any on the street that is final. Gentlemen, this applicant already has more FAR than anyone else, yet he comes back before the City, after agreeing to that F.A.R. of 2.40, less than six months later, and asks for 40% more FAR than the highest on the street. Yes, the difference between the 2.40 approved and the 3.364 now requested is slightly more than 40% extra. The applicant may have pointed out that Villa Regina has a higher F.A.R. than he is requesting, but remember that that is not final. Also look at the first column, that of square footage of the site. You will see that Villa Regina has over 140,000 sauare foot site area while this proposal is only on some 92,000 square foot. The difference of F.A.R. is less than .04, that is four hundredths of a point. You all know that a high F.A.R. has much more detrimental effect on a small piece of property than on a large one. Save Brickell Avenue tells you that the F.A.R. requested is unacceptable. The applicant ought to be pleased with the 2.40 he already can build, the highest on the street. The next big problem with this application is the lot coverage of the princi- ple structure. Where the Palace was 18% under its allowed lot coverage, and La Santa Maria was 5% under its allowed lot coverage, this applicant is re- questing that you allow him to build 57.99% more lot coverage than allowed.. Yes, I said fifty-seven point nine nine percent greater than allowed. This is by far, the largest deviation ever even requested, and is totally unaccept- able. Even Villa Regina does not exceed their allowance by that much, and that is not final and may be overturned. Therefore, this applicant's request for 14.219% tot coverage where 9% is allowed should be denied. The other key deviation request that is unacceptable is the deviation from requirea side yards. Determined by the height of the building, 134 feet on each side are required. That is a total of 268 feet required for side yards. That is a total of 268 feet required for side yards. The total width of this applicant's lot is only 200 feet. This is another indication that the pro- posal is much too large for the lot. Even if the applicant didn't put up the building at all, he would owe the people 68 feet! The land to support this proposal is just not there. Failure to require side yards of adequate proportion to the building height will result in a wall like effect along the bay, and will reduce the light, air, view, comfort and value of the neighbors' property. As the Planning Department has said, this application would create a hardship on the adjacent properties. 1�4 JUL 211980 a The second page of the packet cUmpares the projects that: include s;.bmerged land using the inclusive figures. The figures do not tell you ,rnytying about how the project will sit on the land, and as s..ch are not much help to you tonight. However, even including the sui)merged :anti :or computation, this applicant exceeds in every category the permitted iiyures. Where F.A.R. of 2.20 maximum including bonuses is allowed, he asks for 2.38; where 9% lot coverage for the principal structure is permitted, he asks for nearly 10.1%; where 23.1% total lot coveraga is allowed, he asks for almost 31%. The applicant asks, but frankly, Mr. :iayor, sir. Vice -Mayor, Mr. Carollo, Mr. Plummer, Father Gibson, you cannot grant these variances. That is correct, you cannot. You do not have Lae authority. That is because a variance, and I'm quoting from the Zoning Ordinance, "shall not be granted unless and until" the applicant meats six conditions in writing. He not only hasn't met them in writing, he is unable to meet them at all. First he must show "special conditions and circumstances peculiar to the land and not applicable to other land in the same zoning district." This is hardship. This applicant has no hardship. He has almost three acres of some of the best land in the whole of South Florida. His lot is a regu'_ar rectangular shape, the same as almost every other lot on Brickell. The only one that wasn't shaped like this was - the Palace, which had lot lines that zigged and zagged all over the place. That was a hardship, that kind of irregular shape. This applicant complains that he only has two lots, only 200 front feet. Well, four other projects have only 203 front feet and one has only 150. It is not zhe duty of the City to say, "Poor applicant, you didn't buy more lots. It would have been nicer for you if you had bought three lots, so we'll let you build as such as if you :,ad." No! The City doesn't have to do that. The City cannot do that. But this applicant asks you to do it anyway. The second thing that the applicant must prove is that he didn't create any special circumstances and conditions by his own actions. First of all, the interpretations have been that if the applicant knows of the zoning restrictions when he buys the land, he can't then complain about them. But, you know, when I went outside after the Zoning Board Meeting, Mr. Manrique, the developer came over and put his arm around me and told me that he felt that his project would be disadvantaged because of the tall buildings next door. Well, I remember at the Zoning Board nearing on La Santa Maria, his tall neighbor, that Mr. Manrique was there and he supported his tall neighbor. I don't have copies of that transcript for you, but I refer ycu to the transcript of the April 7, 1980 Zoning Board Meeting, page 46, lines 2 through 4 and page 47, the fifth to the third lines from the bottom. So you see, the applicant at least contributed to that "alleged hard- ship" that isn't a hardship anyway. Third, the applicant must show that literal interpretation of the Code would deprive him of the right to use the property and would work an unnecessary hardship on him. Here, the applicant has already been granted variances. He can't show this third requirement because he doesn't have to follow the literal interpretation. Fourth, the applicant must show that by granting the variances, it wouldn't give him any sr,ecial priviledge denied to other:.•. This applicant is asking for more than any other developer in this zoning district has. It most cer- tainly would be special privileges therefore, you can't grant it. Fifth, the applicant must show that the variance, if granted, is the minimum that will make reasonable use of the land possible. We know that the appli- cant can't show this, because he earlier requested significantly less than . this request, and he said that that was reasonable. He also agreed that what was approved, which was less than what was requested then was reasonable. This variance request is not any minimum, it really is the maximum, the maximum in lot coverage ever requested or approved, the maximum over permitted lot coverage,— and the maximum in whatever it takes to ask for such outrageous variances. Last, the applicant must show that the variance, if granted, would not be injurious to the neighborhood or otherwise detrimental to the public welfare. The applicant cannot show that, because it is not so. The Planning Depart- ment said it would be harmful to neighbors, you can see that this request is not consistent with development in the area. In short, the applicant cannot meet one of the criteria requred to qualify for a variance. And the ordinance requires that the applicant prove, he has the burden of proof, all six, not just five or four, but all six. He can't prove even one. This applicant Should not be granted this appeal. The last items in your packet provided by Save Brickell Avenue are four pages from the transcript of the January Zoning Board hearing. The first page shows that the Planning Department felt the proposal then, much less of a ree 165 1: � u11s8Q than now, would cause a hardship on adjacent property. The second page shows that the applicant waived use of the submerged land and that was his hardship then, but he is now counting it, and can't use that hardship any- more. This second page also shows that the appl.Lcan:: thought their earlier plan, eight floors less, was reasonable for tnc site. The third page shows that the applicant and Mr. Fine believe t_:,at ;ed land should not be included in the calculations and we agree. The last cage shows that the applicant agreed to the 2.4C :.r1.P.., said that was reasonable and that they would be satisfied with uiat. On t:,at basis we snook hands, if not actually, at least f.gura%ively, and ti:.,t was ;hc• Ac rt��r.,e:.t. If Nave Brickell Avenue had tried to -o back tin its word, I'm sure the applicant would be compiain- ing very loudly. In short, at.d to close, what the applicant was granted in January is the greatest FAR ever finally approved. Twice the Zoning Board and the Planning Department both have said, no more. Now it is up to you to say to this applicant, "You do not meet the criteria of hardship re,,uired for a variance, and even if you did, the plan you now suggest is a bad one. We will not grant anything more than what you had approved by the Zoning Board in January." We implore you to deny this appeal. - Thank you, Save Brickell Avenue, Inc., Janet Lenore Waldman, r=-sident. Mr. Lacasa: Thank you, Marilyn. In rebuttal, Mr. Simon? Mr. Stuart Simon: I think most of what we had to say was covered during the course of Mr. Fine's presentation and I'm not going to take more than a minute or two. There are, however, one or two points that I would like to respond to and I would like to call to the Commission's attention. One of these is the speech, and it was a very eloquent speech that was written out by Miss Waldman and I compliment her for it, but it is based on an erroneous presumption. she points out very clearly at the very beginning that we may not compare this property and the project that we intend to go forward with with the property on either side of it and she gives us her reason for that that neither of those properties has yet been approved by a court. So far as we know, the second property of Villa Regina has not yet had a case brought against this Commis- sion and we'd just like to point out to you that there is a presumption which always favors either a lower court's ruling or the administrative bodies ruling and, of course, you are the administrative body's ruling. Your ruling in terms of the Villa Maria and the Villa Regina is presumed correct until a court holds otherwise, we don't run it the other way as Miss Waldman would have you do it. You don't presume because a court has not yet approved it that the court is going to disapprove it. We presume that what you did with regard to the two adjacent properties was correct that until a court overrules it, and we don't belive for a moment that a court will overrule it, but until a court overrules it it is presumed correct. The second point that Miss Waldman makes and the language she used is if we go ahead with a building like that we're going to create a wall like effect on Biscayne Bay ----- (Speaker stepped away from the microphone)------------ and we don't think for a moment that this very slender structure will have any effect that might be called a wall like effect that will close off Biscayne Bay. There is very little difference between this and this which you have already approved this. We are asking you to add this small additional amount of height and we think that we are entitled to this because of the 31% approximately greater area that the property has because we may now consider the submerged land part of the property. We believe, and I'm not going to go through the six points that Miss Waldman indicates that we must prove, she says we must show certain things, we must show hardship, we believe that there is -hardship by virtue of the peculiar shape of this piece of land, it is a very thin n`.ece of land, it is a very narrow piece of land and we have tried to accomodate a hardship that is built into the land by building a very slender structure. Before I sit down I will just tell you once again this particular piece of improvement which will occupy approximately 2O% only of the total width of the land was built in order, it has been designed in order to forbid us to over come the hardship inherent in a piece of property that narrow. I thank you very much. Mr. Lacasa: Thank you very much, Yaar. Simon. On rebuttal, Mrs. Reed and --- Okay, Susan. Ms. Groves: Mr. Lacasa, I would just like to make a correction to a statement that Mr. Fine mad* earlier. He made the statement with regards to the view corridor which is a part of the Charter Amendment. He stated that 814 of the lot width is going to be left open. I would like to correct that since parking, 166 J U L 2 4 1,980 k no structures nor any parking is a.lc�wed within this view corridor. I would like to say that less than 30• of the lot width is actually going to qualify as a view corridor since the parking garage will protrude. Mr. plummer: Does the proposal meet with the Charter change of last year? Ms. Groves: Yes, it will. Mr. Plummer: From all aspect;? Ms. Groves: Yes. Rev. gibson: Let me ask a question. I heard something said that bothers me, and I think, Mrs. Reed, you said it. Are you telling me that with all the com- petent engineers in this area that these columns would not be large enough or substantial enough to hold that building, did I hear that? INAUDIBLE Rev. Gibson: You didn't read that? All right, I just want to make sure I didn't hear that. I thought I heard it but maybe I was hearing. INAUDIBLE Rev. Gibson: I didn't hear that, what did she say? Mrs. Reed: (INAUDIBLE, NOT U6ING MICkOPHONE)... That was in rc:erence to the chart you were given when I referred to columns in Janet': copy, that was to those columns on your chart that I gave you that were in pink, green, they were color coded. Mr. plummer: It's not concrete columns, Father, that's paper columns. Rev. Gibson: Oh, column was the thing.... What did I say? Mr. Plummer: Father said to me that the engineers are going to let them put up a building with column that won't hold? Rev. Gibson: Yes, I'm sorry, I misunderstood. Okay. For me, if the Depart- ment has okayed this bottom chart I would think that the top chart, well, I don't like the bottom chart because it is doing this and it is doing this. I think you get less of this on the top chart and it would appear to me that if you- I'm not an architect, I only took manual arts in my day and plus as a Clergyman 1 have some idea about building churches - it would appear to me that you would have less of a valley on that top thing than you would have on the bottom and if I were going down on Brickell to buy and if I saw that and if I saw this I wonder if I would want to buy in the middle. If I saw that I would be more inclined to want to buy. Now maybe my reason is stupid but aesthetical- ly from the way the wind blows, you know, the likelines is it would do more harm to me down here than it would do to me up here if I were between those two build- ings. Now I want the staff to answer that. Help me to satisfy my thinking. Mr. Fosmoen: Commissioner, I'm not sure what your question was. I hear what you're saying. Rev. Gibson: I'll tell you, wait a minute. Look at the neight of this build- ing, one two here on that bottom chart. Okay? Look at the height of one two on the top one. I'm saying to you that if I had to (1) if I were going to buy on Brickell and I saw these buildings down there I would want to shy away, I'd say "Well, I'm not so sure I want to buy to live in there." If I saw this top one I would Se -more inclined or it would be easier to sell me to go.... Mr. Fosmoen: Okay, let me point out one thing. Rev. Gibson: I think that if you live here and in this bottom chart you get this. Okay? If you live with the top design there is less of this and this and I'll tell you what, I just came from the Caribbean. Okay? Over the week- end. There is a hall of a lot of difference in the temperature. Mr. Fosmoen: One comment on your observation and that is that the only way that you would see those buildings in that particular perspective is to be about five miles out in Biscayne Bay. If you're driving down Brickell Avenue and you're trying to decide whether you're going to stop at Villa Regina or at this project or the next project you would never perceive from Brickell Avenue those differences in heighth. The only way you would see those build- ings that way is from five miles out in Biscayne Bay. 167 JUL I Rev. Gibson: I follow you, but it is also true that one day I have to stop, I can't ride forever, so as soon as I stop I see it and if 1 ever went in I would feel the effect. Not only do I feel the temperature but the psychol- ogy of what is there gets to bother me. Isn't that true? Mr. Fosmoen: Of course, you're going to feel ;:hat of any point on the lower floors, I mean there is always going to be another building. Rev. Gibson; But my broLher, it I'm in that building there over against that building there the psychological effect is a lot worse. Isn't that true? Now you're the professional, I'm not. Mr. Fosmoen: But I'm not a psychologist, Commissioner. Rev. Gibson: Okay, since I'm the clergyman I'm the psychologist. They did divide it Lp, you know, we used to do it all and all of a sudden they divided up, yQu know; gave it to somebody called a psychologist a piece of the action but when it is all over they come back to us. Mr. Carollo: Mr. Fosmoen has other expertise, Father. Rev. Gibson: I see, he said he has other expertise. Well, what are we going to do? Mr. Plummer: Well, there are three of us left and I think it is time to go home. Due to a lack of interest, today has been cancelled. Rev. Gibson: And by the way, I want to make sure that everybody understands this. Again, I went to law school for a day. I cannot presume nor assume that because Villa Regina is in court that the court is going to decide against Villa Regina, I know that much. I want to say about that what I said about - what's the name of that building over there, you know, Plummer, right by the library, what's the name of that? Mr. Plummer: Jamestown. Rev. Gibson: No, no, man, that other one. Mr. Plummer: Yacht Harbor. Mutiny on the Bounty. Rev. Gibson: Yes. I want to say about this what I said about that. When the people came here fighting that battle - Mr. Grassie, you weren't here. Mr. Plummer; That was the good old days. Rev. Gibson: Yes. Oh, they were rough days. Anyway, I said since they elected us and we had to use our discretion I believe that I would use my discretion and if they didn't like the discretion I utilized that they had my permission, and I wouldn't be angry with anybody to go to court. I'll tell you where I am. I offer a motion to let the man build the building. Mr. Lacaza: Okay, so we have a motion. Mr. Carollo: Well, I second it, I think that history majors or people that fol- low history will understand this. If we gave the same opportunity to the Santa Maria I think that we should give the equal opportunity and set afloat the Nina, and the Pinta. Rev. Gibson: And let me add the other thing. I want to be consistent. When we were talking about that building on Brickell, you remember, down by Holiday inn I read the editorial of the Miami Herald in which they were talking about people were not going to 'ne living out but they were going to be living in and it is also true it said that we were having this rapid transit which means a lot of people are going to be living in the City and all that business, I said then that I have not always agreed with the Miami Herald, I don't usually agree with them but the thing that was very significant is they made me start thinking and re -thinking my position because I was one of those guys who felt that well, you don't do that down there. Okay? Now, I want to be consistent. And what was very interesting to me and blew my mind, is the lawyer who sent us that book to have read joined us on that Brickell Avenue development and I had said a glory hallelujah, what happened. You know? And I just want to be consistent. So, I just want you to know why I'feel as I do. Mr. Lacasa: Okay, Mr. Fine, I understand that you have something to present to the Commission? 168 JUL 2 41980 Nr. ,.a-S ,•or i:.s :r.e:n..:._.. �). ,— Cam.:`-! -:_" --':-''t K:low 1f r.;.. _i: _ .n� :rout part of . �i a service Kc.: _ __ _.F -vice .:r:ve :;,.;in ct at. �i :r.. -per w:1en that to ,. .s to �,,ar r,e cost of that to a wiliing- to r.t_,�rc,juired level. .;, Erl.. . i .:..- - --- o ..... .1, u;.a1ts will nave ACC t :. n , ;. .)4L .nc l ✓:. r' ji, '. _ i.r9 r jid, trd ns: �it c t C r.. air , : r,i:at .'1. :12 5 ri,4ht, you .. ..,� .JG. ...... N..t , .. 3i. .... what 4--- f.,ir ..._� on. .t . _ )I a, t1116 .— it o5 JCr3._ ,:'r_ r��.. .. _ - unit U U5l'a; ar.0 _ 'J_... .1_iO:G'; Zl fOr -... :.. .. .,.. .. ._.. ... .. -_. :S _. _.... _ _. �.. .:.2 __ _. -L L.: WC....1.: . 3k :.OW T:1un _ _ ar.. r, '✓1r.0 Jr seii.r.,, _ t. yam cc-ar :7er,t 1S t3iC1: :Cameo var- _..: ..4'3. Lt. was gl✓e:. 2. iQ, the .. .. a;:.l lr-•i the sui;:,br�c .5 �oS, r.ot ln- _'_,r.. _L is giving ..._ _ _.. _•...:r '.�, r._:.., c ._u.::te r.:.r_ r?R -nd actually hey, noiicy way ,.-,c _year as to a. or. on two Q;. an! -::e secVnd oC3 on the villa csi`iorl Is ..��' t; e submerged land an now wo have... ;Nc: oagi;t to really ;uSt C11-K about putting a statue to Columbus 7 j pu r is per- , : c, r AF.::at .. - . . - , _ _- . "na di.: _ tea. c c r^ . what he )'=:4 y,).. _ _slk�r.g dliout a .184 inCrcas d: wu What per.:,ittc _:. t.. ..r.iina..:e. far. --_._-. '..2r: .:.at w'da ... . , _ _ a :i. :•:r. T.._.,....%1.: .'k-:iI I w.1S Ir.,I:% ..O _",:51)C" a to ti:G l.G .iSjlCin::T'`_., I t111nk it s sti d1 , } 1, w» , the V_. t' %'Ayor dI. i,I l tl: .aKr_u .:'.t l,lc'a`--..).: _..X! hU na3 9 dr/ttl3, my ur.der,tanding before, J1.1 w1.1... ... .:c ._ lt-,Sr•JI.:,. ..,,,0. '. ..,.r'"._•C:t, _n.lr. -.I.) wab DaSE'd Or: Cfa. VGlaria Or:iy. :L'. .'•:m .� :�� ;r"--,. ,'�'�, bda C:i: Lc.tit b�luare .footlesje at this time 1, i All : _-,t, _ F, �.... tlyin; a :_':,tie ;,it creeper than ,t1a •.!. ,sr..a:. .. cc,.........::, and t:1e basis of ar.1 law suit that .. ;ht br u, _.:, o:.... J__:u �.Jr. _::C rig.' G: an .ricividual - no, not a T1+j:,' tti t .di`S r-ir r LGt : of -n to .etlticn to cofie back within the �.a.. ::1C.' a: 1.i �- ti.b ..yu, t::cy .ture approved. :his Commission ioFr6, We CO .. I,ot grant more because then the allegation wo ilci . t' uorr' _ :...t t:.ey would have to wait tht: year to come hack. We are c:ao previously grar.tei and taen I hink this Commission is weir a::..._.. i... m,?zins. 169 J U L 2 4 i�80 Mr. Fosmoen: I accept your numbers and your conclusion. Mr. Plummer: Well, my conclusions are only correct if the numbers are correct. Mr. Lacasa: Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-579 A RESOLUTION GRANTING A VARIANCE FRO14 ORDINANCE NO. 6871, ARTICI.Li;X-1, sections 3(2) (c), 5 & 6, AND ARTICLE IV, SECTION 19i7), TO PERMIT CONSTRUCTION OF A 162-UNIT APART- MENT STRUCTURE ON LOT 45; BLOCK B; WILLIAM & :NARY BRICKELL (B-96) AND LOT 46; BLOCK B; FLAGLER MARY BRICKELL (5-44) INCLUDING SUBMERGED LANDS TO BULKHEAD LINE BEING APPROX- IMATELY 1617-27 BRICKELL AVENUE, AS PER PLANS ON FILE, WITH THE FOLLOWING VARIANCES: (1) FOR THE PRINCIPAL STRUC- TURE; (a) SIDE YARDS; 80.5' N'LY AND 82.17' S'LY SIDE YARDS PROPOSED (134' REQUIRED FOR EACH); (b) LOT COVERAGE: 10.1% PROPOSED (98 ALLOWED); (c) FLOOR AREA RATIO (FAR): 2.384 REQUESTED WITH BONUSES (2.2 PERMITTED WITH BONUSES); (2) FOR THE ACCESSORY STRUCTURE: (a) LOT COVERAGZ: 23.1% PROPOSED (20% ALLOWED); (b) SIDE YARDS; 20' NE'LY & 59.83' SW'LY PROPOSED (67' REQUIRED); ZONED R-5A (HIGH DENSITY MULTIPLE). (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 NOES: None. ABSTAINING: Mayor Maurice A. Ferre. ON ROLL CALL: Mr. Lacasa: Consistent with my previous vote in similar projects, I vote yes. 1'70 �t o .. A- C L Pl-�.-,xmer, who moved A, w -C-', T-C. AT A COS':'17'' 31:� 3r -%7A,- 7 �DCAT- --ms A: T 1A.- I Y"r ',,uz:,co 1— Ferre R 1,; A -NCE BY AND r:NA%CF- )LI 7 1 C A T 3'1 XA I N %Y, C E lvl L7ND 6,.C)N; -'.';C A- STS IN AN2 E S F,.� AND A -;ZVE-ivABUITY �:LAUSF.; S t I;v Comm.-Lssioner Lacasa he C.L *,:y C -M -r te r, u i s - Jr. -wO day-i by a vote 01 -not --SS ':q-il :O�,- I-nL Of t--,, k.cjmmiQ�.C-A - R. Cibson Vise-Mavor An.;,i:.do Lacasa M—yor M-ur.Lce A. Terre N 07 S 171 JUL 2 41980 I I Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Lacass, adopted said ordinance by the following vote: AYES: Comr,,issioner Joe CarJ1l0 Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacssa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED CRDINANCE NO. 9137. The City Attorney read the ordinance into the public record and annoanced that copies were available to the members of the City Commission and copies were available to the public. 54. ACCEPT COMPLETED WORK: COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN) SCALE STREET LIGHTING PROJECT. The following resolution was introduced by Commissioner Plummer, who moves its adoption: RESOLUTION NO. 80-581 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY B & G ELECTRIC, INC. AT A TOTAL COST OF $91,821.04 FOR COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN -SCALE STREET LIGHTING PROJECT IN COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN -SCALE STREET LIGHTING PROJECT AREA B-6177; AND AUTHORIZING A FINAL PAYMENT OF $9,182.10. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSEN-: Commissioners Joe Carollo and Armando Lacasa. 172 -ndRoVEMENT _irner, who move Iti T 1� A7, A COST -Y :YllKOV�:N�EN- -45' A PAY- Lt d "nitre' 3'C. C tv WJS jr. D 7 :n 1. S _0 -. Q r v . The,;d,. e Gibsc-i 2err v feS-ILAtl)r. W:,s :_ntroduced by Con-ussirner P.'C.=,er, who moved ItS W(Di K BY IMRKS Al' A FLAGIZR '0.D:, A,,.D FLAG- 2 2" .1-4 391-A AN lNC7�Ek:"-E 1N LALIN C,F $36, 7�,, A ,AYYF-NT OF -V C f 1 le was passed and oy :-Mo- va AYES "ou. C�):,.-,:-bsiunor Gibson -ir,d nayor Fczrre. ABSENT. Lacasa. 173 JUL 2 41980 lJ 57. SECOND READING ORDINANCE: RE-ESTABLISH SOUTH FLORIDA BUILDING CODE AS THE BUILDING CODE OF MIAMI. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1, 2, 3 AND 4 OF ORDINANCE NO. �,145, ADOPTED :MARCH 19, 1958, AS AMENDED, WHICH ESTAB- LISHED THE SOUTH FLORIDA BUILDING CODE AS THE BUILDING CODE OF MIAMI, BY PROVIDING THAT THE CURRENTLY EXISTING SOUTH FLORIDA BUILDING CODE BE ADOPTED, TOGETHER WITH ANY AMENDMENTS THERETO AS SHALL HAVE BEEN APPROVED AND ADOPTED, TOGETHER WITH ANY AMENDMENTS THERETO AS SHALL HAVE BEEN APPROVED AND ADOPTED BY THE DADE COUNTY COMMISSION, AND BY PROVIDING FOR THE ACCURATE REFLECTION OF THE CURRENT DESIG- NATION OF THE CITY'S "BUILDING OFFICIAL" CHARGED WITH EN- FORCING THE PROVISIONS OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 10, 1980 was taken up for its second and final reading by title and adoption. On motion of .;ommissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferro NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9138. 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. On Roll Call: Mayor Ferre: Mr. Grassie, Mr. Lacasa had asked that the members of the South Florida Building community be requested if they had any objections. Has that been done? Mr. Grimm: It is in writing in your packet, Mr. Mayor, there's one from the Latin Builders and General Builders Association. Mayor Ferre: And nobody has any objections? Mr. Grimm: No, sir. 174 JUL 2 4 1980 a 0 A AZA A CC A, N, 2 7s E -Al' -A,:, C17- DSARDS AT �M- 't":TTED Tllii: C-)-Z- FOR AIN G;�;GING W CITY OF C.'.; A C-A-:,r, A%D AN ".!i'i-E'C'11VF DATE. 7 y 9E 0 WaS 1- L _Q ',,I t, IIt -)OL! on motion of waz .-n— anvil adopted ::GCS : None. malty A --t record an c. announced '.e :-'; a v:%- ::-t C.ty -'Cnnlssion a.-jci to thle 175 on JUL 2 41990 59. AWARD CONTRACT: PROFESSIONAL SERVICES TO CONZUCT APPRAISALS COCO',XT GROVE !:ARINa (KELLY PROPERTY) . The following resolution wac introduced by Commissioner Pivamer, who moved its adoption: RESOLUTION NO. 80-584 A RESOLUTION AWARDING CONTRACTS FOR PROFESSIONAL SERVICES TO CCADUCT APPRAISALS OF THE COCONUT GROVE MARINA (KELLY PROPERTY), IN CONJUNCTION WITH THE PROPOSED LEASE OF CITY WATERFRONT PROPERTY BY BAYSHORE PROPERTIES, INC., TO THE FOLLOWING MAI APPRAISERS: (a) F. ROBERT QUINLIVAN IN THE AMOUNT OF $3,000 AND (b) NORMAN KURFERST IN THE AMOUNT OF $4,800 WITH FUNDS IN THE AMOUNT OF $7,850 ALLOCATED THEREFOR FROM MARINA IMPROVE- MENT FUNDS. (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 azd adopted 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 Lacasa. 60. APPROVE LEASE AGREEMENT: COCONUT GROVE MARINA (KELLY PROPERTY) WITH CONDITIONS. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-585 A RESOLUTION OF INTENT TO ENTER INTO THE PROPOSED ATTACHED LEASE AGREEMENT WITH BAYSHORE PROPERTIES, INC., FOR THE RE- DEVELOPMENT AND LEASE OF CITY WATERFRONT PROPERTY COMMONLY KNOWN AS THE COCONUT GROVE MARINA (KELLY PROPERTY) FOR PARK AND RECREATIONAL PURPOSES, SUBJECT TO ADEQUATE FINANCING BEING SECURED AND TWO APPRAISALS BEING RECEIVED INDICATING THE CITY IS RECEIVING A FAIR RATE OF RETURN, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH THEREIN. (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. JUL 2 41980 4Al its t,.RTMENT Mic who mo'✓eti -:.bOAT SiTOWS. who moved !,:A i T '--10 rc�,,-1L.on -AAi passed and 63. NEGOTIATE CONTRACT: PROFESSIONAL CONSULTANT SERVICES TRAINING AND TECHNICAL ASSISTANCE PROGRAM FOR NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-588 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES IN AN AMOUNT NOT EXCEEDING $25,000, IN SUBSTANTIAL FORM AS ATTACHED HERETO, TO IMPLEV.ENT A TRAINING AND TECHNICAL AS- SISTANCE PROGRAM FOR NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS IN THE CITY OF MIAMI, WITh FUNDS FROM THE SIXTH -YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, 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. 64. EXECUTE AGREEMENT: METROPOLITAN DADE COUNTY PLANNING DEPARTMENT SERVICES TO DEVELOP STRATEGIES AND PROGRAMS TO INCREASE MINORITY EMPLOYf:BNT CIVIC CENTER/GOVERNMENT CENTER AREA. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 60-589 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT WITH METROPOLITAN DADE COUNTY IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND DOLLARS ($12,000) FOR THE PURPOSE OF PROVID- ING PLANNING DEPARTMENT SERVICES TO DEVELOP STRATEGIES AND PROGRAMS TO INCREASE MINORITY EMPLOYMENT IN THE CIVIC CENTER/ GOVERNMENT CENTER AREA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote - AYES: — - Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor krmando Lacasa Mayor Maurice A. Ferre NOES: None. 1'iu JUL 2 41980 :,a•:asa, who moved -,ner, w.,,o moved R 7 t� '11UN I TY k-" was :,issed and rdy r. 67. AUTHORIZE CITY ATTORNEY TO EMPLOY FIRM OF FINE JACOBSON BLOCK KLEIN COLAN & SIMON, P.A. AS SPECIALIZED LEGAL COUNSEL - HOUSING AND COMMUNITY REDEVELOPMENT ACTIVITIES. The following resolution was introauced by Commissioner Plummer, who moved its aaoption: RESOLUTION NO. 80-592 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EMPLOY THE FIRM OF FINE JACOBSON BLACK KLEIN COLAN & SIMON, P.A. TO PERFORM SPECIALIZED LEGAL COUNSEL TO THE CITY IN THE A.UAS OF HOUSING AND COMMUNITY REDEVELOPMENT ACTIVITIES AND AUTHORIZING UP TO $25,000 TO BE ALLOCATED FOR THIS PURPOSE FROM FIFTH AND SIXTH YEAR COMMUNITY DEVELOPMENT FUNDS AND APPROVING THAT THIS BE RETROACTIVE TO JANUARY 20, 1980. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: Mayor Ferre: I vote yes, but I do have a question after I voted on it. Mr. Fine serves on the Downtown Development Authority, a lot of the stuff that he is going to be dealing with with Community Redevelopment Activities on that fee may potentially have a conflict for him. I think he has a problem of serving both on the DDA and also being a contractor. Mr. Fosmoen: Can I rephrase your question slightly, Mr. Mayor? Because nearly all of the work that is done by that firm relates to redevelopment issues and it is done by Stu Simon, not by Marty Fine. Mayor Ferre: Yes, and the other thing that I want to tell you, Dick, with all due respects, and there is nobody that admires Marty Fine or defends him, when- ever, and he doesn't need defense, but you know, I'm for him all the way but let me tell you something. In my opinion this City would be a hell of a lot better served by going somewhere where either to California or Missouri and find somebody who has been through this process right up to the Supreme Court and who is a hotshot lawyer on nothing but this, and there are two or three. And the guy who did Crown Center in Kansas City and there's another fellow, I think his name is Jacobs. Mr. Fosmoen: I know Jacobs.... Mayor Ferre: In California, I'm not telling you which one but there are several of these people that are nationally renowned experts inthat field. Marty Fine is good but.... Mr. Fosmoen: It's Mr. Simon. Mayor Ferre: Stu Simon is good, but that's not his specialty. Mr. Fosmoen: Let me respond in this way - If specialized services are needed to structure, for example, a tax increment deal I would agree with you and it may be necessary under some circumstances to call in a specialist but Mr. Jacobs doesn't work within the Florida Constitution and the Florida Constitution is one of the most difficult I've ever.seen. Mayor Ferre: I've got you, and I just want to tell you in my opinion Stu Simon will be well served if you were to tell him to go find himself an associate who has been through all the nooks and crannies of that very difficult maize J. J U L 2 4 1W?� Cd..Ldd very .L t S iA XL I ... .-. , ..)r-,- Z ;;..')son, who moved "0 z:t'- E F. . - I � ��- _, Gr. U�a,.c7, a ll,�, Mayor '.Cc r DDA i..- -.-,coving this requested t 'o serv-:, ! assume that's thA-, affect. _UW who moved A6 TY F f 1- it;;F- dna on file resolution was passed and AYES: -cllc)llo --.7ner, NOLS: V 70. AUTHORIZE MANAGER TO SUBMIT MILLAGE RATE TO DADE COUNTY PROPERTY APPRAISER'S OFFICE FOR FISCAL BC -al. Mayor Ferre: All right, Mr. Grassie, give us the good news and let's vote on it and get on with it. Mr. Grassie: T:=e short presentation, Mr. Mayor, is that you should inject into the blank space in your resolution the figure 8.756. Mayor Ferre: What? I thought it was 8.96. Mr. Grassie: I'm sorry, 8.956. Mayor Ferre: 8.956, I know it's late. Do you want to explain a little bit - more? Mr. Grassie: I presume that you want a little more explanation than that. Mr. Plummer: 8.956, and how much money would that raise? Mr. Howard Gary: Fifty-four and a half million. Mr. Plummer: Additional or total? Mr. Gary: Total. Mayor Ferre: We're getting up there, Plummer. If it were additional, you and I would be in Hawaii. Mr. Plummer: All right, what are we allowed by State Law? Mr. Gary: $45,000,000, 7.4 mills. Mr. Plummer: 7.4, does that include the 81? Mr. Gary: Yes. Mr. Carollo: We're allowed 7.4 and you're proposing 8 point what again? Mr. Gary: 8.956. Mayor Ferre: You're not going to give us a dog and pony show are you? Mr. Grassie: No, that's why I gave you the option of the short story. Let me try and put it in context for you this way. Commissioner Plummer started to ask a question. Mayor Ferre: Why don't you wait until Plummer gets off the phone, well, he actually knows so why don't you explain what it is, why we have to do this and what the law is, what the TRIM Bill that Larry Plummer voted for.... Mr. Plummer: What? Mayor Ferre: Didn't Larry Plummer vote for this? Mr. Plummer: I don t know what Larry Plummer voted for. Mr. Carollo: Is this the one that you still require a four -fifths vote? Mayor Ferre: No, you're required three votes. Mr. Carollo: This will require three votes? Mayor Ferre: You've got it. :�lr. Carollo: Time is on our side ahyway, everyday gets closer. Mayor Ferre: You may be right. Okay, this is something that the State re- quires us to do under the law, we're not bound by this in the final analysis but this is.... �82 JUL 2 41wo 0 tnan the millage that t L A 1 u..t- 6,,; c n time t i t tnat, o, s i a e r to be A negat wt. 're t t:.-2y wvre:,' c coi.,,q to 7,'.(? t. L711 V 1 :-.CV to -i y it 'Kind of cramped N.r. , . -,; : .. . I .I'. '.. - .. . -t- . -,c , ;c,, yr),ir reVenLie ki.e -ace we are -,ro- "'o, -'-ack to as to where we ruquiru 7;.Q I A jC. tiha .,/ou I d like W;11 t,'.at is cro-;-,Lj ap by one and 3 half e in -- i -- -, % :-he rate is and -!i, r,,te is basically w(_ nave. added 1513 addi- a:." totals .1.4 --il.ion 'L Ar- t " pl-iroximately -I, "U approximately C)z 10:1 ::L 1.drz is attributable to ----a 71rt2 r'V1:re: i"Dw -1,Ary; W, is Un ;fiat's basically the in- Ar C ;.s goinj so nigh ib because of the 150 Mr. Ga, C t. Ar. Carr-11o: T11C y(:,u -re.3ented, rignt? Mr. vary: V:e,., Yt-S, ti-a. 'i little over a half a =11 that is 1C. trio ZZO 4- r attributable to the Police Department, it represents 3.4 million dollars or approximately 6 mills. Mayor Ferre: In other words what you're saying is t:.at between Police, Fire and Sanitation that's 90• of the increase? Mr. Gary: Exactly. Now, if you look at the total budget as a whole which I've given you you'll find out that approximately 90% of the budget is due to manda- tory increases, un-on negotiated salary increases, the 150 additional police officers. Axe there any questions? Mayor Ferre: Not at this time, but I'm sure there will be. Mr. Plummer: As I said before, the justification has not been shown to me. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-595 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE: FISCAL YEAR BEGINNING OCTOBER 1, 1980 AND ENDING SEP- TEMBER 30, 1981. (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: Ccmmissioner Joe Carollo and Comn:ssiorer J. L. Plummer, Jr. 71. AMEND EXISTING PROFESSIONAL SERVICES CONTRACTS FOR TRAINING PROGRAMS: MIAMI DADE COM14UNITY COLLETE - GARCES COMMERCIAL COLLEGE, INC. - CHARRON WILLIAMS COLLEGE, INC., - M.T.I. SCHOOL INC., - DATAMERICA INSTITUTE, I14C. - CETA TITLE IID PARTICIPANTS. Mr. Plummer: The only thing I want to be assured, Mr. mayor, and I think this Commission wants to be assured, this was very controversial before. How much amendment is this? Mayor Ferre: J. L., this is the distribution, as I understand it, of the remain- ing amount which is $78,000. Mr. Grassie: It is an additional $78,000 distributed to all of the original training on the basis of the amount that they initially got. Mr. Plummer: All right. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-596 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FIEND EXISTING PROFESSIONAL SERVICES CONTRACTS FOR TRAINING PROGRAMS IN BASIC EMPLOYABILITY SKILLS AND ENGLISH AS A SECOND LANGUAGE WITH (1) MIAMI-DADE C=JIUNITY COLLEGE; (2) GARCES COMMERCIAL COLLEGE, INC.; (3) CHARRON WILLIAMS COL- LEGE, INC.; (4) MTI SCHOOL, INC., AND (5) DATAMERICA INSTI- TITUTE, INC., FOR THL PURPOSE OF PROVIDING PROFESSIONAL TRAINING SERVICES FOR -ADDITIONAL CITY OF MIAMI CETA TITLE IID PARTICIPANTS WITH FUNDS ALLOCATED THEREFOR IN A TOTAL AMOUNT NOT TO EXCEED $78,858 FROM THE CONSORTIUM FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 184 J U L 2 41980 Upon bQ in =or, N resolution was passed and adopted b} AYI:5- 1v wnc -tct%,vQ -e and oonf..1e In the resolution was passed and May!;, r Terre. -'ou and '. werv. talking about the 00 15 z--;op'e tz look over all �IL—i2r CILf r.- a io on -,r, a i..r)'—on to come bac:?. wc:h a creatic.... of a Sis- tl?r -1*:y 30,T-11 . Is "-t-,re a by C,%rollo, f ur tae r i s c,i s� :. o.-, on n :he foliL,.ing CGmmissicxef LAc,-Isd .,,a moved --KAT.-N'G 4';4E "SISTER CITY TC BE -'OMISSION AND INSTRUCT- "y) JME B 'I'- i THE APPROPkIATE ::AT:ON OF SUCH BOARD. Caro!!G, the motion was passed and t.: J,y r,'IC AYES: r c r Ca ro 1 lo --- 1- i1--our, Jr. I:,uv-) Theodore Gibson Vice-.%---yor :-,rrando Lacasa Farre NOES: No.. t JUL 2 41988 i r 74. APPOINT MANOLO REBOSO AS CHAIRPERSON OF "SISTER CITY BOARD". :Mayor Ferre: t'd like to move ti;at Manolo Reboso be appointed the Chairperson of that board or why don't one of you move it? The following motion was introduced by Commissioner Lacasa who moved its adoption: MOTION NO. 80-599 A MOTION OF THE CITY C04LI-IISSION APPOINTING MANOLO REBOSO AS THE CHAIR PERSON OF THE NEWLY CREATED SISTER CITY BOARD. 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 NC�S: None. Mayor Ferre: The reason why I think former Commissioner Manolo Reboso would be the perfect chairperson is that he has been very instrumental and very in- -olved in the creation of many of the Sister Cities and I think he would like to serve in that capacity and I think it might be ap.ro riate. 75. APPROVE EXECUTION OF REVISED PARKING AGREEMENT - MIAMI CENTER ASSOCIATES, LTD. Mr. Plummer: Mr. Grassie, as I read this proposal the original lease was absent some wording and this is the wording that those spaces not dedicated or prioritized to either the hotel or to the University gives us full control over it. Ar. Grimm: Exactly, it does three things: It clarifies the 200 spaces that are underheath the expressway, it gives the City the right to rent 500 spaces in the garage so there is no question as to our right to do that and it clari- fies their rights in tha building itself so it can get title insurance. Mr. Plummer: All right, the thing that confused me is when you say the City rents you mean rents to another party, we don't rent them back from the devel- oper. Mr. Grimm: No, there are 1450 spaces in the garage, 361 are dedicated to the hotel, 300 are dedicated to the University of Miami, the remainder are under City control. We wanted to be •fissured that if we wanted to rent them out on* a monthly basis that neither the hotel nor anybody else, the Trade Center or enybody could come to us and object so we reserved that right to ourselves. Mr. Plummer: All right, so it is clarification, I have no problem. S6 TL 11030 6 W The :oliowlnCj t es;,:uclur. was by C;;rsrissicner Lucasa, who moved its adoption: A R:;jOLL'TIC:N APIR-) /; . _ :.:i XE,aj`.:ON OF A .T2FVISF.D n'\oK-N-. AGFFF�:��N] R-',WEFN THE CITY 07 MtA.tilI AND YARlCZSG ?RIn ; ."I_ 1•„ AN:..Y' :f:,...... ; AN:J 0^_':d'R ".'LF.MS. i.i«>r�� .. i ;., ,�r i*., t: i ,.r•i,_ a:;d on file Lti 'ir..j :;.. _ :rid `_ . tee.. ;::�:.aG, :� re_, oll it ion was passed and :optA: by tht, .'r. A. Ferri_ 7i6. rATI' .. ci -P:A Ti:_- _.LNVE'tiTICN CE::.i.R :;ACT. Tiiu ,:)11uw_n<; w.,_. 1:.':rJdli:�G by Commissioner Gibson, who moved n _ EFNTATTV% :i:-P .r►T vF a.\':iNJ;'aJ1. D:TE? irn 'i IN .iC.CCRZ WiTn THE ATTACHED NG awl`._. A.N, CuRRLCT ALIGNXIE..TS ; FUi('ChER ...t . i'i Fti:k:.kFt '20 Z.UCUTE EASEN.P.S':S SG:i":i"r:ASi FO[:Rm.r: o ST REET TO E PI,Rt:iNG iA;;JNGE COY:yEC'TGR ?:D TO PERAN LNUERGROUND FOUN- 7ATT_C:: ..i'...i. ,LN:"... r F r ... ..:G A2PR0VA:. Or L,ID RE- Pi.AT..:�=:-AC:. ...�...�.< �.i.,iiG: =::G :hi, CI:Y MA-N AGEZ TO rZALC:liTL ii.: A.LSURING MIAMI CENTER AS�oCIATI -.:li. , :',S AND TZT..E !%SliF�ERS OF INGRESS AND .CRESS TO T.... NORTH. R:,Y :C:: rF Tii-' CENTER .%ACT, ;NTIL TIYL. Aj 1C 1+.'Lu PUBLIC RT,_.H1-0?-WAY is MAIL . (Here :olluw_ L.U::t o I:udC..tlC'.; _r.L*.:?d nerd and G:. file Upon being iecond'ed by Commzss *,,)^c:r the re5olurior. was passed -and adoj =eu by tce :o11ow_:,y v:,te- AYES: Cor=as_3__..t:r J,)e 2arn110 ::3mmiz,6iuner J. L. ?1L.zsner, Jr. :o:r,t` s.oner iRev. ) Theodcre Gibson Moyer n'.irir_e A. i'erre ,TOES • None. ABSENT: Vice -Mayor Ai�nan.:o Lacas�. 187 �UL 2 4 t980 4 r AUTHORIZE MONIES TO PAY FOR ALL OR PART OF COST 77. OF CONSTRUCTION OF CITY PAFRING GAFAGE UNDER THE TEITIS AND CONDITIONS OF PRELIMINARY UDAG AGREFI'ENT. Mayor Ferre: Providing to the extent that the City does not receive funds from the U.S. Department of Housing we've got to come up with that UDAG, that's 4.8 or whatever it is million dollars. Is that correct? Mr. Grassie: 4.99, yes. Mayor Ferre: %e have to do that, we have no choice, that's a requirement of the bond issue, if for some crazy reason we don't get the UDAG we've got to stand behind this or we won't be able to sell those bonds. Mr. Fosmoen: Let me clarify that, please. Mr. Plummer: Somebody better because you'd better go back to the motion on the floor of this Commission. .Mayor Ferre: We went to Washington and we got a UDAG application, the UDAG was for 4.9 or whaver it is millions of dollars. The fact is that that has not been, it is has been finalized and agreed to and everything else but the money isn't in the bank yet. Mr. Fosmoen: Mr. Mayor, this is simply a comfort resolution, if you will. The UDAG Grant which we have received and which we have contracted for and everybody has signed off on it, has simply a stipulation in it that says the UDAG people.... Mayor Ferre: Wait a -minute, this is going to be a 3-2 vote, wait until Lacasa gets here a::d we'll come back to it. Mr. Plummer: No, it was my understanding.... Mr. Fosmoen: We have it, it is a comfort resolution because they have not ap- proved in final form the lease between us and Dade Federal for the air rights. Mayor Ferre: Is there any problems that you forsee? Mr. Plummer: But the bonds are sold. Mr. Fosmoen: There is a stipulation in the UDAG agreement that says they have to sign off on it, Commissioner, it is in their hands but the haven't been able to move it fast enough to get us back because it's a document that thick, to get uu back a sign off and there are several other points.... Mr. Plummer: it is ;-mplying with the law, but I want to tell you something, if this thing bounds back ------ Mr. Fosmoen: Oh, I understand that. Mr. Plummer: You understand, I hope you understand $5,000,000 worth. Mayor Ferre: ARe you going to move it or not? Mr. Plummer: Well yes, I'll move it, we've got to do it but I'm understanding the money is in th( bank. Mayor Ferre: Plummer moves, Gibson seconds. Right? Rev.Gibson: Yes, sir. Mayor Ferre: Further discussion? Call the Roll. 1$8 JUL 2 41980 Tile f 11_ ik'., _ :!`cUl I*-. -C IJS _:.L.._ ,��'. �y U:"r.._� aLOGEt ,.Iner, who moved its adoption: A P.t;JLL' ;C.IN 1:-C:V:Jl:.:; ..iA.' :i.� :'ti'.... :::A Tj Y OF MiF 1I -ATc o Z LPART- ::D 1 tC, J ?. r'• \. 1 n L�: nl .l V .,:�1 �,f)�i'f, ��1G ' F(h'i± T'i{i. P.'i•1'•_:i'. O: .A[.,... ..�...._.. �:r :i:c' ::u::S:.Jr:.:GN � 'T C' T`i •:; 6ciA: L : UND FROM MC;.;f�;, I,A4.rUi,:._' A:.�, h t�AiiT OF SUCH COSTS ;,7T' !tiHiCf: T,:c: i:)A,; t :Ei.' _. ;inR :NT: TOG: THER TnkITH THE ESTIMATED Ti{A': SILCh :V, ULLY AVAILABLE 11,0%!F.3 ?;0:_.: :iAYIE .:Av. C CJRIN:; :T5 :I:•c: ON D:PGSIT iN THE CC`NSTRT;C';'Ivti °:;:D. her. fc:_cw bea, Here and on fide L;)O:: LelricJ SEt, GCl L;! CGT� 1S 1J ._r v�i�SO: , �:.( ri bGl lt:C n was passed and adopted by t a ';:i"wing vote- ^ct,nr.is51,,:.cr r, .:r. Co.^.Y!_L. iO:.lr ,:.LV., Mayor ti:aLr c A. Ferre NCES : va io. FIFST h :�C�:.,: = i :.ry d :: ii`.:i : _v".'Ab:.TSci ,.� �_::G CBjL, .IVr. AIDES, ETC. Mr. PIurrmr_-: mv- ,:a.'or, lec nt- a:.k :5 q,,,.estion wit,, 48. 1 have no problem with the 60 , but :.ere again,every time we put a restriction we're retar,�ing -' Much n c .r < . S ,t'I , tlJ:.. -Dw �_ his a mandatory 50t or a goal? Mayor Ferre: i,.t is a mama*_ory, I ain iatnor of that, you can put all the blame on m e . Plummer: I don't wal,t w put ion't waat to change it. Mayor Ferre: And 1 w. nt tc, w;,at the _.au;. _io : of this is. The compa-,ition of this co.=iu,' : i o 5 Lat _9$ black - this is the work market - work market and T zory e:. it is woaen, all totalled it is 80 some odd per cent. Mr. l 1rOil0: T.,.:t ' y not up t) (, :C .. {.., _3 IL. Mayor Ferre: No, it is ver,, much ti:at :,ut tnu pent i , _hat there is at least, the intenticon .s chat ir. ::: :_rc and ?c;icu we •r,izu this way until we get up to a reflection c.' w...t ells City.... Mr. C:ocollo: . could ur.r' -�r.,tar,u chat I und,-rstind al,-,, w`iat P1 .mmer is trying to _ay.' Mayi✓N w� could reacn a compromise, maybe you know instead of jo:_ng c:G go 70 L 73. tiir . Plummer: No, 1 "Io 't evei. w,.LL .) Uo !:hat, Joe. If I :ave ass -.lances, 4r. ayar, that, ..:d', _iU.:l e rher. i havE no problem wit.: It but if, in fact, it iss :lot ach�t:vable tc,-n I think we've got to consider the prior- ity and neec:. Mayor Ferre: T'rn w:.: l:r: j to ::r3s:. .,,ut bridge wren we get to it. Mr. Plummer. 412 fight, it av n-, bw.r. that. Mayor Ferre: I'm not in any way convinced that we can't get enough Cubans, blacks and wov-en to make up a» 8G*t - we've beer. doing it in the last two classes. is that correct, Mr. Krause? And the Chief tells me there is no problem, no prob-Iom with Gnat. ��9 j U L 2 41980 6 0 Mr. Plummer: All right, but I want a status report about the third month. Mayor Ferre: Okay. Mr. Carollo. Move it Mavor Ferre: It's been moved. Is there a second: Mr. Plummer: I'll second it. I have no problem :finless it creates a problem. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING V. A HIRING OBJECTIVE THE APPOINTMEN4 OF BLACKS, LATINS, AND WOMEN TO THE POSI- TIONS OF POLICE OFFICER, PUBLIC SERVICE AIDE AND FIREFIGHTER IN THE NJMERICAL AMOUNT OF 80% OF THE TOTAL NUMBER OF PERSONS APPOINTED TO SAID POSITIONS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND DISPENSING WITH THE REQUIRE- MENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMIS- SION. was introduced by Commissioner Carollo and seconded by Commissioner Plummer for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, „r. Commissioner (Rev.) Theodore R. Gibson :Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Armando Lacasa. Whereupon. the Commission, on motion of Commissioner Carollo and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Armando Lacasa. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9140. The City Attorney read the ordinance into the public record and announced that -opies were available to the members of the City Commission and copies were available to the public. 190 Q `-e i.ts dtoption: n- saont:r Piurz.er, wnc, moved A !L!" F(7R 771L '-75E OF Ti: X:AYT okii`Y -- ,.;0 FOR A -T --Ec-RICITY, BY 7HI 71'!'Y; --%L:,CCAT ,NG ,39i SS A L I T Y OF LIFE :)P 7i', -'A-D WAI""-R; SA. .13 Z'I (Hare fo—"cws omitted h,.re and on file in th-- -irol-o, the resolution was passed and adopted by the V-- ly S note: :hough absent roll c:,11, Commissic c.v.- r i. e A. 'Yerre Lacasa requested of LACES: Cltrk to be she —*th the motion. 80, CC"'.DENT Mayor Ferre: EefurF the vw-e c,:. J".�--11. , tne included in the Consent Agenda --s taken, -5 7 V .'10 .!3 al. oi-)-lector or prcpcnent that wishes to speak -)i. any n,- nt-. A-en,:.a? Hearir,g -:'%e vote on the adoption of th,, Pnen,? , - :-,-. r.:.kLn. The adcption 7,f tl-.(. A-, of 5,-.-57 was introd4ced by C.D7LTussioner an:. po-,.- and adopted by the followinj v,�te- AYES: C(--:vlo Joe C.-irollo r L. T-1 e rJr. re Gibson Lacasa A. Ferre b3.1 ZE;PT - JULFS BROTHERS UNIFORMS, INC. b!' --.. NO. 8C-60" A RE6OLUT!,-,N A'77:1---'. ;N,' 1-'F J'!;LE7 BROTHERS UNIFORMS, INC. D' FOR 71- - --PART,','.FNT OF FIRE ON A AN TO EXTE"D THE A. A Y-A-XIMUM PRICE INCREASE OF 1' %; ;,I! y'-A" GF !>16,759.25; ALLOCATING FUNDS -'L) 4-'LT , AUTHOR: ZING THE CITY A--F.NT TO ISSUE PURCHASE ORDERS JUL 2 41980 A% • 80.2 BID ACCEPTANCE. - 3 CUSTOM RESCUE AMBULANCES FOR FIRE DEPT - AERO PRODUCTS, INC. RESOLUTION NO. 80-605 A RESOLUTION ACCEPTING THE BID OF AERJ PRODUCTS, INC. FOR FURNISHING 3 CUSTOM RESCUE AMBULANCES FOR THE DEPARTMENT OF FIRE; AT A TOTAL COST OF $149,728.05; ALLOCATING FUNDS FROM THE FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACIL- ITIES BOND FUNDS; AUTHORIZING THE CITY MANAGER AND THE PJb.CAASING AGENT TO ISoUF 17HE PURCHASE ORDER FOR THIS EQUIPMENT. 80.3 BID ACCEPTANCE - RIVERVIEW STORM SEWER PROJECT - PHASE I - INTERCOUNTY CONSTRUCTION CORP. RESOLUTION NO. 80-606 A RESOLUTION ACCEPTING THE BID OF INTERCOUNTY CONSTRUCTION CORPORATION IN THE PROPOSED AMOUNT OF $2,146,000.00 - BID "B" (PUMP STATION) OF THE PROPOSAL, FOR RIVERVIEW STORM SEWER PROJECT - PHASE I (2ND BIDDING) - BID "G" (PUMP STATION); WITH MONIES THEREFOR ALLOCATED FROM THE "STORM S£'KER G. 0. BOND FUND" IN THE AMOUNT OF $2,146,000.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE XMOUNT OF $236,060.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE At:OU'NT OF $42,920.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $95,059.22 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 80.4 BID ACCEPTANCE - NORTHERN DRAINAGE PROJECT E-48 - JOE REINERTSON EQUIPMENT COMPANY. RESOLUTION NO. 80-607 A RESOLUTION ACCEPTING THE BID OF JOE REINERTSON EQUIPMENT CO. IN THE PROPOSED .AMOUNT OF $162,050 BASE BID OF THE PROPOSAL, FOR NORTHERN DRAINAGE PROJECT E-46; WITH MONIES THEREFOR ALLO- CATED FROM THE "STORM SEWER G.O. BOND FUND" IN THE AMOUNT OF $162,050 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $17,825 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,241 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 80.5 BID ACCEPTANCE - LITTLE HAVANA COMMUNITY DEVELOPMENT STREET IMPROVEMENTS PHASE I - P.N.M. CORP. RESOLUTION NC. 80-608 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $107,292 TOTAL BID OF THE PROPOSAL, FOR LITTLE HAVANA COMMUNITY DEVELOPMENT STREET IMPROVEMENT - PHASE I; ALLOCATING THE AMOUNT OF $107,292 FROM THE "5TH YEAR FEDERAL COMMMUNITY DEVELOPMENT BLOCK GRANT FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $11,802 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,146 TO COVER THE COST OF SUCH ITEMS AS ADVERTIS- IM -TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANr'jER TO EXECUTE A CONTRACT WITH SAID FIRM. 80.6 ACCEPT COMPLETED WORK - BAMA CONSTRUCTION COMPANY FOR FIRE STATION NO. 9. RESOLUTION NO. 80-609 A RESOLUTION ACCEPTING THE COMPLETED WORK OF BAMA CONSTRUCTION COMPANY AT A TOTAL COST OF $843,537.58 FOR FIRE STATION NO. 9 (2ND BIDDING); AND AUTHORIZING A FINAL PAYMENT OF $95,254.18. 192 JUL 2 19eo 8G. � hi''.'i.;;'✓i: ':..- :'%... .... � ..�i, .. i ... ._ � ......:vi - . _..��.iiF, �:Eb: v�'li�:� - A :.AN A I :. Mayor Terre: Oia _n_, z, ,'uur a. : '.�.Id ...._ L_ 1C. _,.�_ ,. ..,._ : a .. _... _. .le I.:y �..c7 k.'1.:� ..itCl3 to ;iSK a::.T.1. 1",tra .1Cd LC :).:3L :7....� ..... c _.5 1 ur.e t t-,.c firms, item_- t.^.c' u.j@:.1a......i. :ot . the item is aefer.—i . ..t'r.a .- ,,r'_..•, .=ract.�:es. -.,:az.ea rcr Item "o", _ w,.;ula lake sc iiK�' to Yv :st fir t nis .tt_.n t, Z,e o. : rf�,.,s :; _.zo agenda. 1•, --� _. •' - .derma :ir.a ..t. :car. "S _ ". �:r. �aCi; a. _ . ✓..._ ,J .� _.. ..... ._ ... .Fate". _.. .' c::. ,,.. - __�.. 'R'I ant ..t to be p.,Auc : a :o_ i --�wi:.g Item "O" and. I te:a "k" . SO Mr. Plummer: 'Ir. �"�,':,. , .. . r 21:L this i' nc:,.ey t at was possi- bly com.t.q from tne - :LerdZA M. :oSmotn: we'r,' cj';ir.: _Cd t;! fCrdS ...t O: Capital Improve- ment Program, that':; w,-.ere r.n ° t< r :no ,kd-! iv, and you' re yq t .. to pay It hack. Mr. PIur.mer: My rth _ ... o_nu;atior, placed Upon. :nat money, - you could not use it exco- t .-,r to.:r._,._ related activities. Mr. Fosmjen: It.'3 zt:nc D,rrc:we', Corrrissioner, it's being borrowed until the L:.nc:s c.r a si_: . bayor Ferre: It's .1 t,- :`,r,;. _., • . :1r. Fosmoe:n: :ec:,:..ca:ly I -)n' L a-zs%or you. Ar. Piumm?r: We::, V� ..',ow you'r,. .:`ti: l:.y Peter to pay Paul.... Mayor ' urre: We're ..o'_ r.)h.,.,ncr. !.r. Cra�sie; N�c u:liy uru We aorr:.wit„ i•_ gut we're going to pay interest on the money tY.at'_i beinc, borrcw%_a, C-�7, 7as.icncr. Mayor Ferro; ` ,,,,t.' s �: f i::.� .L, . r, r.e no prcblum witn that. (6 t Mr. Plummer: It's a hell of a way to run an airline. Mayor Ferro: Is there a motion on Item 107 Mr. Plummer: Well, Mr. Mayor, we've got to make a motion, I'm going to put Mr. Knox on the record that what is being proposed to be done is legal, I don't like the way it is being done but I have no choice. Mayor Ferre: There's always a choice but I think the choice is one that you're not very happy with. Mr. Knox: Yes, sir, that's permissible. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-611 A RESOLUTION TRANSFERRING $1,400,000 FROM THE CAPITAL IMPROVE- MENT FUND TO THE GENERAL OBLIGATION HOUSING BOND FUND FOR THE PURPOSE OF PROVIDING A CAPITAL CONTRIBUTION TO ASSIST IN THE DEVELOPMENT OF SECTION 8 HOUSING PROJECTS IN THE CITY OF MIAMI, DZSIGNATED DADE 8-1 (WYNWOOD), DADE 8-3 (COCONUT GROVE), DADE 8-11 (LITTLE HAVANA) A.T7i. DADE 8-12 (TOWNPARK); PROCEEDS FROM THE ISSUANCE AND SALE OF THE HOUSING BOND TO BE USED TO REIM- BURSE. THE CAPITAL IMPROVEMENT FUNDS IN A LUMP SUM PAYMENT INCLUSIVE OF INTEREST FOR A PERIOD NOT EXCEEDING FOUR MONTHS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 83. EMERGENCY ORDINANCE: APPROPRIATE $1,400,000 CAPITAL CONTRIBUTION TO ASSIST IN DEVELOPMENT OF SECTION 8 HOUSING PROJECTS -same as item 82. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDINT SECTION i OF ORDINANCE NO. 9019, ADOPTED NOVEMBER 8, 1979, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, AS AMENDED: BY TRANSFERRING FUNDS IN THE AMOUNT OF $1,400,000 FROM THE CAPITAL IMPROVEMENT FUND, PROCEEDS OF THE INTERAMA LAND SALE TO ESTABLISH PARAGRAPH XIV. HOUSING GENERAL OBLIGATION BOND FUND IN THE SAME AMOUNT FOR THE PURPOSE OF FUNDING SECTION 8 HOUSING PROJECTS DADE 8-1 (WYNWOOD), DADE 8-3 (COCONUT GROVE), DADE 6-11 (LITTLE HAVANA), AND DADE 8-12 (TOWEIPARK)t CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAFI�E; AND DISPENSING WITH THE REQUIREMENT OF READING THE' SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa, for adoption 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. 194 JUL ? 4 1980 f 4:iiercupc:: tr.0 ;,n r.,cc_o:: ui Commisslcner Gibson snd seconded by Commissioner Laca a, ci�tcd sc_ d c,rdinance by the following vote - AYES: C oaruss,or,er a_°v.) TheDdc: a Gibso:: A:'-i,:ao Lacasa NOES: None. Tr..-2 C. i.ty At ....', .Y r,.,-, :, •..,c ;:,. c ir,to .:.e p :bi.c record and anno'snced t-at : c: •l(-s were oval i i �, '` tnu members of the City Commis- sion and to i.iii 84. ::MERGENCY ORDI":r NC... P=..: Fii: 5113,C00 TO DEPT. CF HUMXN RESOURCES HIRE ;C REC ?'-IT 150 POLICE PERSCXNEL. - : riT:-N2 , ',�2� ..... .'iSi.A... •.-F,� _:V...... ... [.E,: :c �:R .)J, i��.:, :1:� a':.^_T.LLiJ� -N FOR ThZ D: r'AR' D'::vT OF HL,IA\ .H} cti'ci20i'tiATION FOR 3LT IN ;HE S-1.'I F,:IC'iJiT7 i ?n�`: ;J''I OF ADDITIONAL POLICE ,7)11,'.AI:.2ROVI6I0N AIM A SEVERABILITY CLAD , . an,! seccndea i)y Cc:'miSsioner Lacasa, _::ir dC0Pt-�.: A8 A. _',:c L';t,:' Rc i, t-.Ld with t :e requirement of rudL:ln(j 53,MV L.J by t..,;3 following vot.- F,ES: -r.,la510 :er Joe Carollo Comm:ssloner J. ... Flurmer, Jr. Theodore :,.Lsor. o: .mando Lacasa A. Ferre NOES: '.;n motion c:. Corr,missicr.er ?i,.mmer and seconded by I':T,i iS1UGer L._Cab. , adcptel by the following vote- AY::S: :oe Carollo Commissioner J. P1;:m-ner, Jr. Theodore Gibson lacusa Furre NOES: None. SAID CRLINA:".' WAS 12 The City Att ;z::,.y re4:i ::. ,r.,t:.--... ln;:o tra p'::blic rece:d and announced that copies were t.: r n:: 0L-tubers o: the City Commis- sion and to the: public. IS5 J U L 2 41980 85. FIRST & SECOND READING ORDINANCE; At4END SECTION 38-45 OF THE CODE -OFFER TO CO1!MiT LEWDNESS/hSSIGNATION CONSTITUTE A VIOLATION OF THE CODE. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 38-45 0: THE CODE OF THE CITY OF `:IA.MI, FLORIDA, AS A1ENDED, BY ADDING A NEW SUBSECTION 1 THERETO CONTAINING DEFINITIONS THEREIN; AND BY PROVIDING THAT THE OFFER TO COMMIT OR TO COMMIT OR TO ENGAGE IN LEWDNESS OR ASSIGNATION CONSTITUTE VIOLATIONS OF THE CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENS- ING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9143. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 1.3JUL 241980 6G. cSTABLISH NEd TRUST 5 A,i .":Y F JtiL ' CI:'! N::,;GHBORHOOD ARTS SLRVICE4 - 4TH AN ORDINANCi: AN AMEND:i.0 i OF OR:)1NANCE NO. 8719 ADOPTED JCTC F:R 26, 1977, Tlil' S'jKv :Y GRANT APPROPRIATIONS ORDINANCE, AS AIMENDED, BY ESTA3:::i:Iti ; A N1W TRUST AND AGENCY FUND EN- TITLED: "CITY ARTS - NEIGIi BvRtivOD i+RTa SLRVIC::S (4TH YEAR) ", AND APPROPRIATING FUND.; r'CR THE vi'ERi%TION OF SAl%a: IN THE AMOUNT OF $100,C0j; C�-NTAI::ING A itEPEALLR PROVISION AND A SEVERABILI':Y ? i ; A-Z 5—SPLNEING WITH THE RE¢UIRI ENT CF READING TH : ._ kmE ,;N? r;v S.' LyRA.E .:LAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS Or '=iiE OF THE COWMISSIJN. +;as intro:7uced by Commissioner Jinson and seconaed by Co=.issioner Lacasa fCi' _:+, L1Ci1 i4Y�liu:a LO ::t:ctlon ti , t= +rdy: in f) of t c City Charter, ui5- rL,.nsing wltn the regLirement of� on tw+i Mays b`r a vot, ct not less than four -firths o. t:.e of the C�.�rtissiop - AYE;) mot Caroiio Co^missic:+er J. L. Plummer, Jr. Commissioner ;Rev.) Theodore R. Gibson Vice: -Mayor Armando Lacasa Maycr Ma., -,rice A. Ferre NOES; None. ti} erel.�U i..lc _oIr:'.�5:31 •'., C.: wL.i,. :u-Ls91Jr:er Olbson and SZConzed by Commissioner a.]oFzea saki oz--;inlnc:e oy the vote: AYES: Comm LL, icner Joe Caroiio �.:tnisslorar J. L. P.•+unmer, Jr. 0.,amissioner (i« v. ) ;eodore R. Gibson Vice -Mayor Armando Lacasa :.ayor Maurice A. Ferre NOES: None. SAID GRDINAIvCt WAS rF.SIu,ATED C:%:D.VA:. S \0. 9114. The City .attorney read the ord nonce into the public r Loral announced that copi , were available to the merlre:,� of ::a City Cor.ra scion and copies were available to the public. 19'7 J U L 2 41980 37. EIRST & SEC0ND FrAD:-'.C7 3 TRUST & AGENCY Fu�'.DS- HFALTii POLICE PROJECT. AN ORDINANCE AN CRDIt;P_4C_'. A" E NDI_N' SEC; , Ir Iv. r ivy:`:A; ;. _ ; ADOPTED :kTOBER 26, 1')7 . , Tr:E S� XMLkRY GR:.N ORilINANCE, AS &%ENDED; !'Y ::STAsLISHING TL.:iE (3) NEW :'RUST AND AGENCY FUNDS ENTITLED: "HEAL:'H MAINiLNANCE: PRC,TECT"; "PO:.ICE PEP.FOR,u.A%CE '''?. :RTi:.TST !,R(-),7ECT"; AND "VOICE PRO'"ECTION PROJECT'' ; APPROP,tLIATING FUNDS FOR OPERATION OF SAID TRUS':' A: AGEI:CY FUNDS IN ship AMOUNTS 'DF S43,010, $86, c17, arw 5 ?o, 303, FOR A TOTAL OF Yl6o,u-i3; CON AINi`G F. :ZLPEALER PROVI5I0N AND A SEVERAiIL:TY CZXA SE:; kND WITH T E OF %FADING SAS&; CG:: %.v 5 Pi:_ aiT.. :L..YS Y A V3TL C:' THAN FCuR-FIFTHS OF THE XLi '.BER OF TF:E CONS ISSIUN. ::as t:.troduced by commissio:.er snd seccndec c1 Co:a.:,isstoner i,.oson i;,r .,,aoptlOn nursuant to Section 4, ",.ir ; f 1 of C.. y- �en..:i :y wit:: the req'.irement Ot rE:3:a:, j Quite U:'. t•.CC; S�'� dt,a� _ C.dlyc3 Ly a Vote of not Less that. four -fifths of the mer.,bers of tcte AYES: Commissioner Joe Carollo Cor.,russioner J. L. ?:um;.er, Jr. Commissioner Ti,bodore R. Gibson ViCe-Mayo: Ar:.^.ando Lacasa Mayor Maurice A. Ferre NOES: Done. .1nercupon the Com„ission, cr. mction c:: Comniiiioner :'iu.^r r Lana seconded :y Commissioner Gibson. adopted Sala ordindnce by the following Vote: AYES: Commissioner Joe Carollo Commnissioner J. :,. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Terre N IZS: None. SAID CRDINANCE :tiAL DESIGNATED ORDl::tivCE :.G. �145. The City Atto_:-iey read the or:-:ar._� into the public rtcora and announced that copies were available t: tie mc:%roro Uf -he 01-ty Cr, ,:531on and copses were available to ti:e public. 198 , „ . 88. FIRST & SECO::D READING ORDI" NCE: TO FUZ DESIGN OF CITY AJMINISTRATION Rev. Gibson: Kr. :Mar, I have alwuy.. been-oncer.iod, Mr. '4anager, I have always been concerned about continuity of irchitecture;. Mr. ,3rassie: The agreement that Ls proposed which is in front of you is with Lester Pancoast and Associates. Rev. Gi:,son: I ;ust want to make sure.. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SLCTION 1 OF CARDiNAtiCE NC. 901`), ADOPTED NOVEMBER 8, 1979, THE CAPITAL IMPROVIIVENT APPRO- P:UATIONS ORDINANCE FOR THE FISCAL YEAR ENDING EEPTEY..SER .30, 1930, AS AMENDED; BY ESTABLISHING PROJECT X.C. i1.�19 !N ThE AMOUNT OF $28,000 TO FUND DESIGN OF :HE CITY ADX N- :STRA:ION BUILDING -PHASE II FROM THE FY 1',j7, F;:N:) i3A"NCI OF 7HE i< VOLVING F6ND; AND BY Z3TAojI5.-1N6 PA:vAGiAi,ii NIT:, REVOLVING FUND, TO TRANSF-ER TO PARAGRAPr: X. CAPITAL IMPROVE- MeNT FL'.�D AN AMOUNT GE' $28,vO(i O :'TN-_) X.C. lll! j. CITY A,7M:ti�; I'RAiION BUILDING vESIGN-PHASE I--; CGNTAI:+ING A REPEALER PROVISION AND A SEVERABILITY C:,AUSE; AND DISPENS- ING ;aITH THE REQUIREMENT OF READING SAE 0"; TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. +:us intreduc:ec Ly Ccr;siissioner .:•ihson and seeunaed D; C.,;;u;issioner :.."Cif ,A for ad-)pt.on ;,'.:rsjant t: Sactjcn 4, Paragrapt: (f) .,f ti:e Clty Cnarter, dis- pensing wLttii tne: reglliLE'ment of readlr.y same on ~wc, separateby days y a vote of .ot less taan four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa ' Mayor Maurice A. Ferre FX NOES: None. Wnereupon the Corj-nission, on motion of Commissioner Gibsor and seconded by ::cmmissioner Lacasa, adopted said ordinance by the following vote: - <. AYES: Commissioner Joe Carollo I i Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. LAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9146. 'he City Attorney read the ordinance into the public record and announced .., that copies were available to the members of the City Commission and copies = were available to the public. - r t;, 199 J �'L 22 41980 89. FIRST & SECOND READING ORDINANCE: APPROPRIATE $28,000 FOR FOOD PROGRAM FOR NEWLY ARRIVED CUBAN REFUGEES. AN ORDINANCE !.::i'ITi,ED - AN ORUINA:vCr A.tiIENUING SECTIONS 1 AND 5 OF ORDINANCE No. 9000, ADC:TED OCTOBFR 17, 1979, THE ANNUAL APPROPRIATIONS ORDINANCE F'GR THE. f ISC.0 YEAR ENDING SEPTEP':BER 30, 1980, AS A26ENDED; 1.7 INCREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL ROGFAM ?.NJ ACCGC:\TS, IN THE OF $28, 000; BY INCREAS- ING GENERAL FUND REVENUES, CHARGES FOR SERVICES, IN THE SAME a'10UNT; FOR THE PURPOSE OF PROVIDING A FOOD PROGRAM FOR NEWLY ARRIVED CUBAN REFUGEES; CONTAINING A REPEALER PROVISION AND A SEVE:RABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT . OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS Tfi,N FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. ✓%;s introduced by Commissioner Lacasa and seconded by Commissioner Carollo for a o-;ti,)n pursuant to Section 4, Paragraph (f) of the City Charter, dis- e;,s::.q with tr.e requirement of reading same on two separate days by a vote 3f %it less than four -fifths of the members of the Commission - AYFo: Commissioner Joe Carollo Co-nissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferro JOES: None. whereupon the Commission, on motion of Commissioner Lacasa and seconded :)y Commissioner Carollo, adopted said ordinance 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. SA:D ORDINANCE WAS DESIGNATED ORDINANCE NO. 9147. The City AttDrii•.v read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. 200 JUL 2 419on 9W 90. FIRST & SECOND READI:N' CkjI';:,:CC: Ls .A-LI.7h tif.vN TRUS'; & AGENCY FUND "CUBAN REFUGEE FOOD PROGRiVi". AN ORDINANCF. ENTITI.i D - AN ORDINANCE XVXNDING SECTION 1 OF ORDINANCE NO. 6719, ADOeTED OCTOBER Io, 1977, Th_3 SUMIMARY GRANT AP?RCPT:,'T!CNS O;LDINANCF., AS AN.ENDED; BY ESTAvL'.SHINO A Nh.W TRU.a^, ACID AGENCY F:'ND ENTITLED: "CUB:UN RE?U,, EE .'GOD PROGRAM" k ND APPR.OPRIAiiNG THERETO AN AJ:OUN"." OF IY2% ,k003 PROM %AL10 STATION W,,BA AND OTIJXR LOCAL LATIN BUSINESSY,EN, A:,D A MATCHING A.MOUNT FROM THE CITY Jr' :SIA:MI, SPECIAL PROGRAMS AND ACCOCINTS, FOR A TOTAL OF >;6, 000; FOR THE 'r �P.PCSE OF PROVIDING A FOOD PROGRA , FCR NEWLY ARRIVED CI;BAN REF',;GEES; CONTAINING A REPEALER PRCVISIC14 AND A SEVERABILITY CLAUSE; ANC DISPZNSING WITH THE REQUIREMENT OF READING S;LME ON TWO SEPARATE DAYS BY A VOTL OF NOT LESS THAN FOUR-F 1F-:-fS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Carollo and seconded by Commissioner Lacasa `or adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Cc=issioner (Rev.) Theodore R. Gibson Vice -Mayor Anaa.ido Lacasa Mayor Maurice A. Ferre NOES: None. Whereupon the Commission, on mo�_icr. of Commissioner Carollo and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Comr,:issic;ner Joe Carollo Commissioner J. L. Plu.'nmer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -:Sayer Armando Lacasa Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9148. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. �� 0VL �41980 791. F'OR.'MALIZING RESCLUTION. P14NUAL FEE FOE GARBAGE COLLECTION (AS AMENDED) Mayor Ferre: This is tae Solid Waste garbage... Okay? Arid it is the same thing as before excej..i_ it says, "_;i distance of 25 feet as set forth in the .s,_Udy and in the me,norandum is now increased to a maximum of 100 feet, $25 for the c.n,lt:cr, a security fee as recommended in the study is now elimin- ates annual fee of $70 is $ 7 5. " `t..yc r, adding to *1 I want the wording "now increased to a maximum cf 100 feet end return". :Lr;c,r Feric: Add the word "and return". And then with that, Plummer moves and seconds. 'lr. Pl.ruaer: Right. :Lr. �ur�llo. :;r.. Mayor, i have a question. What about the responsibility i.-:.;ude1 in Mr. r utterson's report on placing upon the citizens if nud to that container? I see nothing here that will clarify :)o we `.av a plan in what we're going to do when we distribute them of arc w-: rx..nq to placu the responsibility on the individual if this gets sto:.-n or da:.,_ged or what? If so, how are we going to go about it? -'c.^L 's.;ion can, as we go along and have a little exper- L any policy that you wish in that regard. __S_c reason for having a deposit, I should tell you, was not, in addi- to _?,,2 fact that we needed the money, but the basic reason was to en- _,,urage to take -are of the equipment. !�;-,yor Ferre: in my opinion, nobody buys my trash cans and this time we're buyinq their trash cans, if it gets lost or broken or stolen they're goinq to have to replace it. That's my personal opinion and especially since t,ne trash cans are 100 feet into the yard. Okay, further discussion? Call the The following resolution was introduced by Commissioner Plummer, who moved ;�s adoption: RESOLUTION NO. 80-612 A RESOLUTION 0r INTENT APPROVING THE PROGRAM RECO�1ME.,4L'::D BY i:..F '+'.Cl. PATTERSON, DIRECTOR OF THE DEPARTMENT OF SCLID WASTE, i)R ..'? "')`,LECTION OF GARBAGE, TRASH AND RUBBISH WITHIN THE CITY Or M.AMI, AS REF'LF.CTED AND CONTAINED IN AN 8-PAGE STUDY LNTITLED: "CITY OF MIAMI - Pt PROPOSED SYSTEM FOR GARBAGE, ::ASH AND RUBBISH COLLECTION", DATED JUNE, 1980, AND AS FURTHER REFLECTED BY A 2-PAGE MEMORANDUM PROPOSING CHANGES IN SAID SYSTEM, DATED JULY 16, 1980, FROM CLARANCE PATTERSON TO JOSEPH R. GRASSIE, CITY !MANAGER; FURTHER AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FORTHWITH TAKE THE NECESSARY STEPS TO ADMINISTRATIVELY IMPLEMENT THE AFORESAID SYSTEM AND PREPARE ENABLING LEGISLATION IN ACCORDANCE WITH THE MODIFICATIONS (:t-)NTAINFD IN THE ATTACHED SCHEDULE. (Horu f Allows body of resolution, omitted here and on file it, t no , if f i co of the City Clerk.) t'pon Lein; svcond,.-u Ly Commissioner Lacasa, the resolution was passed and adOpLed by the followinq vote- A':1,6: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NODS: Commissioner Joe Carollo. ON ROLL CALL: 202 JUL 2 41980 Mr. Carollo: As I previously stated before, I think the way tars has gone about stinks and not from the garbage. I've rend very carei:liy the report that the Grand Jury made on the Schoci Board anu I, _z)r one, Go not want to see any more a la "Gold Plumbin; Cap�.r.," there!ci,-, i vote 92. ALLOCATE $5,000 r'OR LEG E'.'ANS MEMCRIAL BOWLI.vG TOURNAMENT. The following resolution was introducea by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 60—C13 e". RESOLUTION AUTHO:tIZIN,S T:iE CITY MANAGER TO ALI,GCATi UP TG $5,500 FROM THL "QUALITY JF ,:.IFE - SPECIAL PR3GRAX_3 AND ACCOUNTS FUND" TO SPCNiOR TEE AWARDS BANQUET OF ::iE LEE EVANG MEMORIAL BOWLING TOURNAMENT OF THE AMERICAS, TO BZ HELD AT THE DUPONT PLAZA HOTEL CN AUGJST 9, 1980. iHere follows body of resolution, omitted here and ten file in tide Office of the City Clerk.) ':pon ceing seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissio:aar Joe Carollo Commissioner J. L. Plumn.er, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayer Armando Lacasa Mayor Maurice A. Ferre :.GF J : Nonc . 93. RESCHEDULE RZGU'LAR CITY CCA:1ISSION MEETING IN SLPTEXBER TO TAKE PLACE ON SEPTEMBER 15, 1980 BEGINNING AT 9 A.M. The following resolution was introduced by Commissioner Plu:rner, who moved its adoption: RESOLUTION NO. 80-614 A RESOLUTION RESChEDU:,ING THE REGULAR CITY COMMISSION MEET- ING OF SEPTEMBER 11, 1980 TO TAKE PLACE ON SEPTEMBER 15, 1980 AT 9:00 A.M. (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. 243 JUL 2 41980 94. ACCEi'T $1, uv0, 000 vt2�"T FOR EDA-PWIP SL:'IIER INITIATIVE PROGRAM. Mr. Grassie: First is an emer(gency resolution and ordinance to accept the $1,000,000 from EDA. Mayor Ferre: F, r what purpose? Mi. Fosmoen: 464 jobs for an eight week period. Mayor Ferre: Oh yes, Father Gibson wants to move that one and Plummer seconds '.'nat one. i'osmoen. The Commission may be interested to know that those jobs are :iil_�d as cf today, they start work Monday. Mayor Ferro: = don't oelieve that, you did that that quick, huh? How come th�_- ;press hasn't picked that up? ^Y "osnoen: we purposely, well, they picked it up and it's in the paper today excett it is totally erroneous. 'Sayer Ferra: Did they give the credit to the Chamber of Commerce and Alvah Ch.ri,)man and all of that? :.'r. t'oamoen: No, they gave credit for the funding to the State of Florida and trey haven't ever: mentioned the fact that the jobs are filled. But frankly, 'ir. Mayor, we did not advertise the fact that we had the jobs. We wanted to avoid advertising through the media. We wanted to avoid a pick situation where: there were 6, 7, 300 people milling around for 460 jobs. What we did was work through cammunity based organizations. I think the Commission may be interested, we put people in community based offices, JESCA, OIC and the Tricoicy Belafonte and worked through their organizations to get those jobs filled. Mayor Ferre: I think it is important now that it is done that you get a good memorandum out to the press so that they'll understand what happened here. Mr. Fosmoen: Tomorrow morning. Mayor Ferre: Thank you, sir. AN ORDINXTCF. ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT A,0PRO?I',IATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "EDA-PWIP SUMMER INITIATIVE PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF SA4E IN THE AMOUNT OF $1,000,000; CONTAIN- ING A REPEALER PROVISION AND A SE,'VERABILITY CLAUSE. Was i.ltroduced by Commissioner Plummer and seconded by Commissioner Gibson, ,AdUO do n as an emergent, measure and dispensing with the requirement of roadir,y 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 None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote- AYFS: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner .(Rev.) Theodore Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 204 J lJ .1 111. `,, l., 1980 SAID ORJINANCE: WAS DESIGNATED NO. 9149. The City Attorney read the ordinance into the r ::_L.- record and announced that cop.Les were available ~: ti;e members �z the City Commis- sion and to the public. 95. AUTHORIZE YlA,%AGER TO ACCEPT c:'iA CRA.%T :l,OkX,0CJ TO :".A;CH GP-k%' WITti $Z50,000 I\- ;i •u FOR SL�^.fEn .NITIATTVE PRnGR .MS MODEL CI'iIES, OVERTbiv.N, DOWNTOWN :�.\L LOISON LI17LE RIVER Mayor Ferre: Alright, Father Gibson :roves E "1" and Plummer seconds, which is the companion resolution to match the grant of 250,000 in -kind for the purpose of conducting a summer initiative program. Call the roll on E "I". The following resolution was introduced by Co =issioner Gibson, who moved its adoption: RESOLUTION NO. 80-615 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AN OFFER OF GRANT FROM THE U. S. ECONOMIC DEVELOPMENT ADMINISTRATION IN THE AMOUNT OF $1,000,000 AND TO viATCH THAT GRANT WI111 $250,000 IN -FIND, FOR THE PURPOSE OF CONDUCTING A SUMMER INI'_"ATIVE PROGRAM IN THE AREAS OF MODEL CITIES, OVERTOWN, DOWNTOWN, AND EDISON LITTLE RIVER. (Here follows body of resolution, omitted here and on 'ile 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 Mk v.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 96. AUTHORIZE `1ANAGIR TO ACCEPT CRANT - $969,778 LAiIN RIVERFRONT EMERGENCY SHELTER Mayor Ferre: Now, E "3". This is authorizing the Manager to accept the Administrative Grant Award of the U. S. Cuban -Haitian task force in the amount of nine hundred sixty-nin-, seven seventy-eight for conducting a program entitled Latin Riverfr.ont Emergc.icy Shelter. Rev. Gibson: Move. Mayor Ferre: Moved by Gibson. Mr. Lacasa: There has been Father a lot of problems with this question of the tent cities. First of all the neigh;,ors has been complaining and they are extremely apprehensive of the possibility of having this sort of situation right there in their neighborhood. The perception in general of the Cuban community is in rejection of the whole idea. Just today you got the and this is not an indication because you know quite well that I don't follow that indication, but just today in the Miami Herald there was a series of interviews that they published in their spanish edition. And here again they published interviews with about six or eight Latins all agsinst the concept for one reason or another. 2�5 J U L 2 41980 Basically, their has been questions raised about this time of the year. The rain. The extreme heat. All of that... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Lacasa: No, no. I'm not calking about that. ;Mayor Ferre: Let me tell you what the problem is. The problem is that As I see it we have three choices, ok. The first choice is to do nothing and when :ou do nothing here is what's going to happen. You are going to have seven hundred people out on the street because they are not going to any Fort Chaffie and they are not going to any Crome Avenue Nike site and they are not going to .anything any where. They are going to sleep in front of Juanito Centro Vazco has a great place to sleep there in the back. That's right Domino Park will Sleep at least thirty. !BACKGROUND COMMENT OFF THE PUBLIC RECORD) `favor Ferre: Now, and that's choice 01. Choice #2 is to go to the so called tint city under the expressway which really of all the places that we can put ,such a thing on that is really the less objective because it's on the river and there is not that much housing in the neighborhood. Most of that land is vacant land anyway. Now, let me tell you what the third choice is which is really... ,%t- ando, the best choice is this. That on Saturday, which is the day after lomc:rrow at an emergency School Board meeting. The School Board agreed to let the federal government use Ada Merritt and Ada Merritt if they spend two or three hundred thousand dollars they will be able to fix that place up very %icely which also means that, that's a step ahead for Manolo Arques. Since tnrn ;,is application... his... that is NEDA'S application for a vocational school i. ilso advanced because they can do some of the work that will be needed for the vocational school since they need dormitories and all that, ok. The vocational hcol is one of the most needed thing for both the Cuban and the Black community, �ccause a lot of those kids need to learn vocational programs. That's the best of all alternatives, but we won't know the answer to that until Saturday. And we can't walk away from here without resolving this problem. Because if we walk away what you are going to have is seven hundred Cubans sleeping in the street and that is even worse than a tent city. That's my opinion. Mr. Carollo: I agree with you Mr. Mayor. Unless the rumor that I heard is Lrue that Mr. Crassie might be able to have some connection in the SS Norway for free shelter, then I have to got with your suggestion. M:. Odio: We met at 5 O'clock today with the Little Havana Subcouncil and the neighbors of the Latin ?fiver Front Park at the end of the meeting about 7:30 tonight they decided to become volunteers at the park and help with the tent City. Mayor Ferre: The Little Havana W.o? Mr. Odio: Subcommittee on Criminal Prevention represented by Ms. Aloerti who runs the Centro 'later, Major Alba and Willie Gort. And Willie is going to volunteer for the park. Mr. Lacasa: Well, Willie has been opposing that tent city. Kr. Odio: He changed his mind. He understands the problem that we have and we have eight hundred twenty-one tonight at the... Mayor Ferre: Eight hundred twenty-one? I thought it was seven hundred. Mr. Odio: We got eight twenty-one and we have already placed in hotels one hundred eighteen. Mayor Ferre: How many wumen are involved in that? Mr. 0dio: We have about twenty women there. Mayor Ferre: And how manv children? Mr. Odio: No children.. We are only talking about single men and twenty women. 206 JUL 241980 r Mayor Ferre: Ok, who 1L going to move it? Wt:o ib �;o.-.;, 'o bite the bullet? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. W,-,o socords tne... Mr. Plummer: What are we moving Mayor Ferre: item E 'a". Authcrizinb the Manager to accept the Administrator and administrate a grant award from the U.S. Cuban -Haitian Task in the amount of nine hundred suety -nine thousand seven c,undred seventy-eight dollars for conducting a program entitled Latin Riverfront Emergency Shelter. The City Manager recommends. (BACKGROUND COMMENT INAUDIBLE) Rev.Gibson: Second Mayor Ferre: Further discussion, call the roll. Mr. Plummer: Wait a minute, wait a minute. Are we then abandoning the idea of Ada Merritt? Mr. Carollo: No, we are not. Kr. Grassie: No, sir, not at all. �:r. Odio: What we plan to do... the Latin Park is now paved about half way. it should be finished paving tomorrow and we are going to proceed with the tents because it would take about three weeks or four to get Ada Merritt ready even if we got it. So we have to put the tents up anyway because I got to move those people out of the Orange Bowl. :Mayor Ferre: Let me tell you something. We have already had a tent city here. I don't know what all this wild stuff is about the tent city. We had a tent City ac the Orange Bowl for three weeks. Mr. Odio: We had a hundred sixty-five tents at the Orange bowl and only thirty tents. Mr. Plummer: Yes, but it's a big difference Mr. Mayor ;tr. Odio: It's a difference in... Mayor Ferre: These are bigger tents, is that it? Mr. Odio: No, same tents. Mr. Plummer: The difference is Mr. Mayor, the tents in the Orange Bowls we lied families. Not only did we have families, but the security of the fence and the Federal Police were there and that's not going to be present in this setup at the river. Mr. Grassie: Well, we are going to have a fence. Mr. Carollo: I talked to Mr. Odio and suggested a couple of security measures that he might implement. I hope that he can use some of the ideas. Mr. Odio: What we are planning to do is hire eight refugees and train them as security guards. And we also have two Policeman fulltime twenty-four hours around the clock as part of that budget and we have a fence around the park. Mayor Ferre: dafl the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 80-616 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND ADMINISTER A GRAFT AWARD FROM THE U.S. CUBAN-HAITIAN TASK FORCE IN THE AMOUNT OF $969,778 FOR CONDUCTING A PROGRAM ENTITLED: "LATIN RIVERFRONT EMERGENCY SHELTER", USING THE AFORESAID GRANT MONIES THEREFOR. (Here follows body of resolution, omitted here and on file in the Office of�jlCity Clerk). , ., ._ r 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: Vice -Mayor Lacasa. ABSENT: None. 97. ESTABLISH NEW TRUST AND AGENCY FUND I.ATIN RIVERFRONT EMERGENCY SHELTER Mayor Ferre: E "4" is the ordinance which is the emergency ordinance that ib the companion. Carollo moves, I assume. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: This is the emergency ordinance which is the companion ordinance to the resolution. Mr. Carollo: Yes. Mayor Ferre: And Gibson seconds, 1 assume. Further discussion, read the ordinance. Ca.1.1 the roll. t1.N ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDI- NANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "LATIN RIVERFRONT EMERGENCY SHELTER" AND APPROPRIATING A GRANT AWARD FROM THE 'UNITED STATES CUBAN-HAITIAN TASK FORCE FOR THE OPERATION OF SAME IN THE AMOUNT OF $969,778; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo 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: Mr. Plummer, Kt-v. Gibson, Kr. Carollo and Mayor Ferre. NOES: Vice -Mayor Lacasa ABSENT: done. Whereupon the Commission on motion of Commissioner Carollo and Seconded by Commissioner Gibson, adopted said Ordinance by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mr. Carollo and Mayor Ferre. NOES: Vice -Mayor Lacasa ABSENT: None. SAID ORDINANCF._WAS DESIGNATED EMERGENCY ORDINANCE NO. 9150. The City Attorney read the ordinance into the public record and announced that copieb were available to the members of the City Commission and to the public. 208 JUL 2 4190U ADJOURNMENT: There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 11:50 O'Clock P.M. ATTEST: RALPH G. ONGIE CITY CLERK MATTY HIRAI ASSISTANT CITY CLERK MAURICE A. FERRE M A Y 0 R 209 J U L 2 41980 ClIFY OIL PAAMI ITEM NO 1 2 7 4 5 6 7 8 9 10 11 12 13 14 15 nnpnuruT ir MM'rINO OATK: - JULY 24, 1980 DOCL"OfT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT CANCELLATION OF THE 1980 MIAMI-BAHAMAS GOOMBAY FESTIVAL AND ALLOCATING $3,000.00 FROM SPECIAL PROGRAMS DADE COUNTY MUNICIPALITIES TO JOIN CITY OF MIAMI TO BRING ABOUT PEACE AND SECURITY BY ENFORCEMENT OF THE LAW RELOCATION OF BUTLER BUILDING TO FT. DALLAS PARK WHERE ITS FACADE WILL BE RESTORED ACCEPT BID-CUYAHOGA WRECKING CORP. AMOUNT $31,000.00 FOR BUTLER BUILDING. MONIES FROM CITY OF MIAMI/ UNIVERSITY JAMES L. KNIGHT INTERNATIONAL CENTER PARKING RAMP CAPITAL PROJECT FUND AGREEMENT BETWEEN BISCAYNE RECREATION DEVELOPMENT CO. FOR THE MANAGEMENT OF THE DINNER KEY MARINA COMPLEX AGREEMENT WITH AMERICAN DESIGN AND DEVELOPMENT CORP. SOUTHEAST (CBA BRICKELL PLACE) FOR THE LEASE OF BAY BOTTOM LANDS FOR SIX YEARS CONTRACTUAL AGREEMENT WITH THE DOWNTOWN MIAMI BUSINESS ASSOCIATION-$50,000.00/NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN DOWNTOWN TARGET AREA CITY PARTICIPATION PLAN/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AS REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 TRANSFERRING $62,000.00 OF 6TH YEAR COMMUNITY DEVELOP MENT GRANT FUNDS FROM DINNER KEY ISLAND•PARK TO ACTION COMMUNITY CENTER INC. ALLOCATING FUNDS $2,000 FROM "QUALITY OF LIFE SPECIAL PROGRAMS" -PUERTO RICAN FOLKLORIC GROUP-25TH ANNIVERSARY CELEBRATION OF PUERTO RICO DAY EXTENSION AGREEMENT WITH NEW WASHINGTON HEIGHTS COMMUNITY DEV.CONFERENCE-$34,836.80 FOR FINANCING THE BASIC ADMINISTRATIVE COSTS OF SAID ORGANIZATION APPROVAL OF THE CIVIC CENTER AREA DEVELOPMENT PROGRAM N.W. 20TH STREET, MIAMI RIVER, N.W. 17TH AVENUE AND N.W. 7TH AVENUE CLOSING N.W. 11TH AVENUE -SPRING GARDEN ROAD - TENTATIVE PLAT NO. 1087-11SECOND ADDITION TO MEDICAL CENTER" CONDITIONAL USE -PARKING LOTS -HIGH SCHOOL PARK TRACT- 129/137 N.W. 59th STREET 1 "DOCUMENT INDEX 0098 ITEM NO. 1 " OMIISSION - ��RE�IRIEVAL ACTION 1SOIlE__NO* R-80-549 R-80-554 R-80-555 R-80-556 R-80-557 R-80-561 R-80-562 R-80-563 R-80-564 R-80-565 R-80-566 R-80-571 R-80-572 R-80-575 0098 80-549 80-554 80-555 80-556 80-557 80-561 80-562 80-563 80-564 80-565 80-566 80-571 80-572 80-575 IL IM TI DOCU EN ND Es CONTINUED PAGE # 2 .1" No. DOCUMENT IDENTIFICATION ACTION_ cOnE me. 16 CONDITIONAL USE TO PERMIT A RESIDENTIAL SUBSTANCE ABUSE FACILITY (SPECTRUM PROGRAM INC.)114-160 N.W. 59TH STREET R-80-576 80-576 17 ONE YEAR EXTENSION TO PERMIT CONSTRUCTION OF A 204- UNIT HOTEL (GROVE HARBOUR HOTEL) 3209-31 S.W. 27TH AVENUE R-80-577 80-577 18 ACCEPT PLAT-NETTIE SUBDIVISION -TRACTS 17 AND 18, BLOCK 4, "WALDIN ACRES" R-80-578 80-578 19 GRANTING VARIANCE TO PERMIT CONSTRUCTION OF A 162 UNIT APRTMENT STRUCTURE-WILLIAM AND MARY BRICKELL/ FLAGLER MARY BRICKELL R-80-579 80-579 20 ACCEPT BIDS FOR FURNISHING HEAVY EQUIPMENT FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE R-80-580 80-580 21 ACCEPT COMPLETED WORK PERFORMED BY B. 6 G. ELECTRIC INC. A TOTAL COST OF $91,821.04 FOR COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN SCALE STREET R-80-581 80-581 22 ACCEPT COMPLETED WORK PERFORMED BY GIANNETTI BROTHERS CONSTRUCTION CORPORATION FOR THE SOUTH BAY SANITARY SEWER IMPROVEMENTS R-80-582 80-582 23 ACCEPT COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPAMY AT A TOTAL COST OF $676,012.75 FOR THE FLAGLER STREET NIGHWAH IMPROVEMENT R-80-583 80-583 24 AWARDING CONTRACTS FOR PROFESSIONAL SERVICES/ THE COCONUT GROVE MARINA (KELLY PROPERTY) IN CONJUNCTION WITH THE PROPOSED LEASE OF CITY WATER PROPERTY R-80-584 80-584 25 LEASE AGREEMENT WITH BAYSHORE PROPERTIES, INC. FOR THE REDEVELOPMENT AND LEASE OF CITY WATERFRONT PROPERTY -COCONUT GROVE MARINA (KELLY PROPERTY) R-80-585 80-585 26 GRANT OF $100,000.00 FROM THE U.S. DEPARTMENT OF COMMERCE FOR AREAS IMPACTED BY THE RECENT CIVIL DISTURBANCE R-80-586 80-586 27 AGREEMENT WITH EXPOSITION CORPORATION OF AMERICA FOR THE USE OF THE MARINE STADIUM FOR ANNUAL POWER AND SAILBOAT SHOWS R-80-587 80-587 28 CONTRACT FOR AMOUNT OF $25,000 TO IMPLEMENT TECHNICAL ASSISTANCE FOR NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS OF THE CITY OF MIAMI R-80-588 80-588 29 CONTRACT WITH METROPOLITAN DADE COUNTY TO PROVIDE PLANNING TO DEVELOP STRATEGIES INRE: MINORITY EMPLOYMENT IN THE CIVIC CENTER/GOVERNMENT CENTER AREA R-80-589 80-589 30 AGREEMENT WITH ARLYN ENDE TO CREATE A TAPESTRY FOR THE CITY'S LITTLE HAVANA COMMUNITY CENTER FACILITY R-80-590 80-590 31 AMENDING SECTION 1 OF RESOLUTION NO. 80-487 BY INCREASING THE TOTAL ALLOCATION OF SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (LOS VIEJOS UTILES) R-80-591 80-591 DocUlWENTINDE.wIlk :m NO. DOCUMENT IDENTIFICATION 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 K INUED PAGE # 3 EMPLOYING THE FIRM OF FINE JACOBSON BLOCK KLEIN COLAN AND SIMON, P.A. FOR LEGAL COUNSEL IN AREAS OF HOUSING AND COMMUNITY REDEVELOPMENT ACTIVITIES ACCEPT BID OF BELKINS MOVING AND STORAGE FOR THE DEPARTMENT OF FIRE AND FOR OTHER CITY DEPARTMENTS APPOINTING WILLIAM M. KLEIN TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI FOR THE FISCAL YEAR OCT. 1, 1980 AND ENDING SEPTERMBER 30, 1981 TO AMEND EXISTING PROFESSIONAL SERVICES CONTRACTS FOR TRAINING PROGRAMS IN BASIC EMPLOYABILITY SKILLS AND ENGLISH AS A SECOND LANGUAGE $10,000.00 FOR THE PURPOSE OF HAVING THE CITY OF MIAMI HOST FOR 1982 ANNUAL SISTER CITIES INTERNATIONAL CONFERENCE REVISED PARKING AGREEMENT WITH MIAMI CENTER ASSOCIATES LTED. PRESCRIBING OPERATING PROCEDURES INRE CONVENTION CENTER RE -PLAT OF THE CONVENTION CENTER TRACT FOR PEDESTRIAN ACCESS OVER SOUTHEAST FOURTH STREET TO THE PARKING GARAGE $4.994,000 FOR THE PURPOSE OF FINANCING A PORTION OF THE CONSTRUCTION OF CITY PARKING GARAGE/ CONVENTION CENTER RENTAL OF THE MIAMI BASEBALL STADIUM FOR THE BASEBALL SERIES SPONSORED BY THE LATIN AMERICAN BASEBALL ACADEMY ACCEPT BID OF JULES BROTHERS UNIFORMS,INC. FOR FURNISHING UNIFORMS FOR THE DEPARTMENT OF FIRE ACCEPT BID-AERO PRODUCTS, INC. FOR FURNISHING 3 CUSTOM RESCUE AMBULANCES FOR THE DEPARTMENT OF FIRE ACCEPT BID OF INTERCOUNTY CONSTRUCTION CORPORATION IN THE AMOUNT OF $2,146.000.00 BID "B" (PUMP STATION) FOR RIVERVIEW STORM SEWER PROJECT ACCEPTING BID OF JOE REINERTSON EQUIPMENT CO. $162,050.00 FOR NORTHERN DRAINAGE PROJECT E ACCEPT BID P.N.M. CORPORATIOK IN THE AMOUNT OF $107,292.00 FOR LITTLE HAVANA COMMUNITY DEVELOPMENT STREET IMPROVEMENT -PHASE I. ACCEPT COMPLETED WORK OF BAMA CONSTRUCTION CO. FOR FIRE STATION NO. 9 R-80-592 R-80-593 R-80-594 R-80-595 R-80-596 R-80-597 R-80-600 R-80-601 R-80-602 R-80-603 R-80-604 R-80-605 R-80-606 R-80-607 R-80-608 R-80-609 80-592 80- 59 3 80-594 80-595 80-596 80-597 80-600 80-601 80-602 80-603 80-604 80-605 80-606 80-607 80-608 80-609 DOC UNI ENTI N DES CONTINU :Tm NO. DOCUMW IDENTIFICATION 48 49 50 51 52 53 54 APPROVING ONE YEAR EXTENSION OF EMPLOYMENT FOR VIRGINIA LIEBERMAN-CLERK II -DEPARTMENT OF POLICE TRANSFERRING $1,400,000 FROM THE CAPITAL IMPROVEMENT FUND TO THE GENERAL OBLIGATION HOUSING BOND FUND INRE HOUSING PROJECT (WYNWOOD) PROGRAM FOR THE COLLECTION OF GARBAGE, TRASH AND RUBBISH WITHIN THE CITY OF MIAMI ALLOCATE $5,500.00 TO SPONSOR THE AWARDS BANQUET OF THE LEE EVANS MEMORIAL BOWLING TOURNAMENT RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 11, 1980 TO TAKE PLACE ON SEPTEMBER 15, 1980 AT 9:00 A.M. GRANT OF $1,000,000 FOR THE PURPOSE OF CONDUCTING A SUMMER INITIATIVE PROGRAM IN THE AREAS OF MODEL CITIES, OVERTOWN, DOWNTOWN AND EDISON LITTLE RIVER ACCEPT GRANT FROM U.S. CUBAN HAITIAN TASK FORCE FOR CONDUCTING A PROGRAM ENTITLED "LATIN RIVERFRONT EMREGENCY SHELTER" E D PAGE # 4 R-80-610 R-80-611 R-80-612 R-80-613 R-80-614 R-80-615 R-80-616 80-610 80-611 80-612 80-613 80-614 80-615 80-616