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HomeMy WebLinkAboutCC 1979-07-23 Minutes. 010%. CITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON July 1979 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL • • INCEX CI4 ilictfff4761114 JULY 23, 1979 11E1111.1:), SUBJECT tINANCE OR OLUTION NO. PAGE NO. 5 PERSONAL APPEARANCE -MAYOR OF SANTIAGO, CHILE PERSONAL APPEARANCE -DR. SOL MINKIN REPRESENTING SEVERAL PERSONS WHO OBJECT TO LIVE -ABOARD FACILITIES AT DINNER KEY MARINA APPROVE COLLECTIVE BARGAINING AGREEMENT -SANITATION WORKERS ASSOCIATION,INC. DISCUSSION OF PROPOSED LEASE AGREEMENTS: (a) MIAMI OUTBOARD CLUB (b) MIAMI YACHT CLUB (c) COCONUT GROVE SAILING CLUB PENSION FUNDING REQUIREMENTS FOR FUTURE YEARS: (a) REFER TO PLAN AND SYSTEM BOARDS FOR STUDY AND AND DELIBERATION (b) AUTHORIZE ACTIJARIA1, STUDY OF PROPOSALS TO BE PAID BY CITY DISCUSSION OF PURCHASE OF INTERAMA PROPERTY BY THE STATE OF FLORIDA URGE FLEXIBILITY OF USE MONIES,ETC. DISCUS, ION OF TRAFFIC SIGN ON SAMANA DRIVE IN COCONUT GROVE SECOND READING ORDINANCE: ESTABLISH PROCEDURES IN CONTRACTING FOR CERTAIN PROFESSIONAL SERVICES PROVIDE FOR .INCORPORATION IN CITY CODE SEC. 16-17 FIRST AND SBCOND READING ORDINANCE: FUND CONSTRUCTION OF NEW FIRE STATION N.0 . 9 FIRST AND SECOND READING ORDINANCE: ESTABLISH NEW TRUST AND AGENCY FUND "RECREATION PROGRAMS FOR THE MENTALLY RETARDED" (3rd Year) FIRST AND SECOND READING ORDINANCE: ESTABLISH NEW TRUST AND AGENCY FUND "JUVENILE OFFENDER DIVERS IONARY PROJECT-3RD YEAR" "JUVENILE RUNAWAY PROJECT" "STRATEGIC ANTI -FENCING ENFORCEMENT PROJECT" "VIDEO STAFFING RELATED EQUIPMENT 3RD YEAR" FIRST AND SECOND READING ORDINANCE: AMEND APPROPRIATIONS ORDINANCE 8858 INCREASE INTERGOVERNMENTAL FUNDS PURCHASING CENTRAL STORES FIRST AND SECOND READING ORDINANCE: AMEND APPROPRIATIONS ORDINANCE 8858 INCREASE ENTERPRISE FUNDS TO PROVIDE PROPERTY MAINTENANCE ORANGE BOWL, MIAMI STADIUM, ETC. FIRST READING ORDINANCE: AMEND ORDINANCE 8858 INCREASE INTERGOVERNMENTAL SERVICE FUNDS " MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT PLAN" AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WISS JANNEY , ELSTNER AND ASSOCIATES , INC . STRUCTURAL SURVEY OF THE ORANGE BOWL STADIUM PRESENTATION 1 DISCUSSION 1 R-79-504 1-2 M-79-505 2-10 M-79-506 M-79-507 M-79-508 M-79-509 14-22 DISCUSSION ORD. 8965 22-26 26-27 ORD. 8966 27-28 ORD. 8967 28-29 ORD. 8968 29-31 ORD. 8969 ORD. 8970 FIRST READING R-79-510 31 31-33 33 33-34 ItX CI' PAGE #2 ilm NI SUBJECT QRDINANCE OR t SOLUTION PAGE NO. 16 ACCEPT BID -MOBILE INFORMATION SYSTEM FOR THE FIRE DEPARTMENT ACCEPT BID -SALE OF 253 CONFISCATED AND SURPLUS` GUNS AUTHORIZE CITY MANAGER TO ADVERTISE FOR BIDS: LAND FILL MATERIAL FROM VIRGINIA KEY PLAQUES, PRESENTATIONS AND SPECIAL ITEMS ACCEPT PLAT - "LIGHT KEY TRACT SUBDIVISION"' APPOINTMENTS: CONTINUE APPOINTMENT OF PERSONS TO ADVISORY.' COUNCIL ON ECONOMIC DEVELOPMENT PUBLIC HEARING: ALTERNATIVES OF DEVELOPMENT, OF POINT VIEW HIGHWAY IMPROVEMENT DECLARE WIDTH OF RO PARKING AND D"LANDSCAPED AREAS AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS: ENGLEWOOD SANITARY SEWER IMPROVEMENT SR-5461-C CENTERLINE SEWER CONFIRM ORDERING RESOLUTION: ENGLEWOOD SANITARY, IMPROVEMENT SR-5461-S (SIDELINE SEWER) PERSONAL APPEARANCE: MR. JACK ARIAS REGARDING BUILDINGS IN THE CULMER AREA PERSONAL. APPEARANCE: MR. JOHN BARATTE REQUESTING ASSISTANCE OF THE CITY FOR GREATER MIAMI INTERNATIONAL FILM FESTIVAL PERSONAL APPEARANCE: MS. PAT SKUBISH REGARDING "INTERNATIONAL YEAR OF THE CHILD CELEBRATION" ESTABLISH NEW TRUST AND AGENCY FUND: "NOGUCHI EARTH SCULPTURE IN BAYFRONT PARK" AUTHORIZE CITY MANAGER TO ACCEPT GRANT AWARD "BLUE .LAGOON PARK ACQUISITION" ESTABLISH NEW TRUST AND AGENCY FUND: "BLUE LAGOON PARK ACQUISITION" AUTHORIZE CITY MANAGER TO ACCEPT 3 PARCELS OF LAND: FOR: DOWNTOWN CONFERENCE CENTER SITE AUTHORIZE CITY MANAGER TO ORDER BOND COUNSEL TO COMPLETE A BOND ORDINANCE, TRUST AGREEMENT, VALIDATION PROCEEDINGS ETC. TO FINANCE: CONFERENCE CENTER AND RELATED PARKING STRUCTURE DIRECT CITY MANAGER TO RESERVE AIR RIGHTS: PEDESTRIAN STRUCTURE TO LINK' CONVENTION CENTER WITH WORLD TRADE CENTER OVER S.E. 4 STREET R-79-511 R-79-512 R-79-513 PRESENTATIONS R-79-514 R-79-515 M-79-516" R-79-517 R-79-518. DISCUSSION DISCUSSION. -79-519 ORD.8971 R-79-520 ORD.8972_ R-79-521' R-79-522 R-79-523 35 36 37 38 39. 40-43 44-50 50-54 54-55 6-57 57-63 64-68 68-72 72-75 75-77 77-78 78-80 80-81 IND CITYI i � � ale qi511.8111DA JULY 23, 1979 PAGE #3 ITEM ND. 34 35 36 37 38 39 40 40(a) 40(b) 40(c 40(d) 40(e) 40(f) 40(g) 40(h) 40(i) SUBJECT AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT: R. DUELL AND ASSOCIATES PROFESSIONAL CONSULTING AND DESIGN SERVICES WATSON ISLAND PROJECT AUTHORIZE ISSUANCE OF $55 MILLION CITY OF MIAMI PUBLIC IMPROVEMENT REVENUE BONDS-DEFERRAL'OF CONSIDERATION OF "THEME AND AMUSEMENT PARK"' WATSON ISLAND AUTHORIZE CITY MANAGER TO EXECUTE AMENDED AGREEMENT: ROCKWELL INTERNATIONAL INC. ROCKWELL AUTOMATIC FINGERPRINT SYSTEM ACCEPT BID: ANDY FRAIN-FLORIDA INC. CROWD CONTROL SERVICES AT THE ORANGE BOWL STADIUM INSTRUCT CITY MANAGER NOT TO UNDERTAKE WATERFRONT 'IMPROVEMENTS WITHOUT OBTAINING RECOMMENDATION OF THE WATERFRONT BOARD DEFERRAL OF CONSIDERATION:CUSTODIAL SERVICES CONTRACT FOR MAINTENANCE OF CITY OF MIAMI BUILDINGS CONSENT AGENDA: AUTHORIZE 1 YEAR EXTENSION OF EMPLOYMENT- VIRGINIA`LIEBERMAN ACCEPT COMPLETED WORK-WYNWOOD C.D. PAVING PROJECT PHASE III HIGHWAY ACCEPT COMPLETED WORK-MIAMI DESIGN PLAZA C.D. BEAUTIFICATION". ACCEPT COMPLETED WORK-COLUMBIA SANITARY SEWER IMPROVEMENT ACCEPT COMPLETED WORK-ALLAPATTAH N.W. 23 "STREET C.D.PAVING PROJECT PHASE 1 ACCEPT COMPLETED WORK -CITY WIDE. C.D. TREE PLANTING ACCEPT COMPLETED WORK-' SOUTHERN DRAINAGE PROJECT E- 39 ACCEPT COMPLETED WORK-CUBAN MEMORIAL AND MEMORIAL BOULEVARD C.D. PLAZA AUTHORIZE CITY MANAGER TO EXECUTE QUITE CLAIM DEED: MARGARITA VALDES DE D'CIAMPAOLO E 10' LOT 12, BLOCK 6 BOWMAN HEIGHTS (15-78) AUTHORIZE ACCEPTANCE OF COVENANT TO RUN WITH LAND: O.S. TEXTILE,INC. (UNDERGROUND INSTALLATIONS IN ALLEY) AUTHORIZE CITY MANAGER TO EXECUTE QUIT CLAIM DEED: DADE COUNTY -CITY OWNED LAND WITHIN LITTLE HAVANA COMMUNITY CENTER SECTION 8 HOUSING DEVELOPMENT tINANCE OR SOLUTION NO R-79-524 R-79-525 DISCUSSION R 79-526 R-79-527 M-79-528 M-79-529 R-79-530 R-79-531` R-79-532 R-79-533 R-79-534 R-79-535 R-79-536 R-79-537' R-79-538 R-79-539 R-79-540 PAGE NO, 81-97 97-98 98-101 101 101-103 103-110 110 112 113 113 114 114 115 117 117 INED STIQPEFLDRIDA JULY 23. 1979 PAGE #4 TEM NO. SUBJECT 40(1) AUTHORIZE PROPER OFFICIALS DEDICATION -QUIT CLAIM DEED: N 10' LOTS 1 THRU "R" BLOCK "K" RIVERVIEW (5-43) 40(m) ACCEPT BID:CONSTRUCTION OF FIRE STATION NO. 9 `40(n). 40(o) 40(p): 40(q) 40 (r)` 40(s) 40(t). 40(u) 41 42 43 44 45 46 47 AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT:,, HAWKINS AND ASSOCIATES,INC. TRAINING & EVALUATION SYSTEMS CONSULTANT AUTHORIZE CITY MANAGER TO ACCEPT.GRANT AWARD: $50,000 FROM NATIONAL ENDOWMENT OF THE ARTS. " NOGUCHI EARTH SCULPTURE IN BAYFRONT PARK" ACCEPT BID: WESTERN DRAINAGE PROJECT E-46 EDISON LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION -PHASE I ACCEPT BID -LITTLE HAVANA MINI -PARK `.. APPROVE AND AUTHORIZE PROJECT CONTRACT: "DADE 8-10 (MEDICAL CENTER" BASIC AGREEMENT FOR FINANCING HOUSING IN THE CITY'OF-_MIAMI AUTHORIZE,' CITY MANAGER >TO`PURCHASE `WORKS OF ART: FOR:. THREE NEW' CITY OF MIANI FIRE STATIONS ACCEPT REPORT OF CITY MANAGER: AWARDING TWO ART COMMISSIONS FOR THREE NEW CITY. OF MIAMI;FIRE STATIONS TO: ALBERT BACKUS AND JILL CANADY PERSONAL APPEARANCE: MS. PATRICIA KLITENICK REQUESTING REMOVAL OF THE N.W. 7 STREET BRIDGE PLANNING AND ZONING ITEM GRANT PERMISSION TO J.E. S.C.A. PERMISSION TO USE 6605 N.E. MIAMI PL. FOR EX -OFFENDER SERVICE PROJECT SUBJECT TO LIMITATION OF OCCUPANCY AND 1 YEAR REVIEW PLANNING & ZONING ITEM -GARMENT CENTER REDEVELOPMENT PLAN PLANNING AND ZONING ITEM: CHASE ZONING CLASSIFICATION FIRST READING ORDINANCE CORNER OF VIRGINIA;AND `OAK STREETS FROM R-2 TO C-2A SECOND READING ORDINANCE: EXTENDS TERMS.; OF PLANNING ADVISORY BOARD AND ZONING BOARD TO A MAXIMUM OF 3 YEARS TERMS, NOT TO EXCEED A MAXIMUM OF 11 YEARS OF SERVICE PLANNING AND` ZONING- ITEM:. GRANT PERMANENT CONDITIONAL USE TO PERMIT;OFF-STREET-PARKING LOCATED AT 1570 . N.W. 26TH AVENUE SUBJECT TO CERTAIN CONDITIONS APPROVE EXPANSION APPLICATION -RANSOM EVERGLADES SCHOOL INANCEp� sOLUTION NO, PAGE NO. R-79-541 118 126-149 149-161 161-164 • ITB1 NJ. 48 PAGE NO. 175-212 Its PLANNING AND ZONING ITEM: DISCUSSION OF CHARTER AMENDMENTS LEASES AND WATERFRONT SETBACKS RESOLUTION CALLING SPECIAL ELECTION FOR SEPTEMBER 18TH (LATER FORMALIZED RESOLUTION NO. 79-563) QRDINANCE OR KEESOLUTION NO. M-79-556 79-557 R'79-558 ist MINUTES OF RE JLAR PEEPING OF THE CITY COMMISSION OF;MIAMI, FLORIDA *-* * * * * *.,,* On the 23 day of July, 1979,.the. City Ccmnission of Miami, Florida net at its regular meeting "place in the City Hall,3500 Pan AtriericanDrive,: Miami, Florida in' regular session. The meeting was called to order at 10:00 A.M.,►by Vice -Mayor J. ,L. Plummer.. with; the following members of the Commission found ,to be present: Vice -Mayor J. L. Plummer, Jr. Com issioner Rose Gordon Caarmissioner (Rev.) Theodore R. Gibson Commissioner Armando LaCasa Mayor Maurice Ferre (Absent for prayer and. pledge) ALSO PRESENT : 'WERE: Joseph R. Grassie, City Manager R. L. Fosm.n, Assistant City Manager George 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. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. or • MEAL APPEARANO - '. ?YOR OF Sfl TIAQO, CHILE Sr. Patricio Guzman, Mayor of Santiago, Chile, who had came to Miami for the Trade Fair of the Americas was presented with a key to the City of Miami. 2. PERSONAL APPEARANCE - DR. SOL ! IINI<IN REP'_ZESE!TTh1G SPAT PSO 1S T 11IO O?3JFL7 TO LIVE -ABOARD FACILITL! AT DI<uEF' rry "' ARPIA Dr. Sol Minkin appeared together with a large delegation of elderly citizens to protest the City's policy which permits persons to live aboard boats at Dinner Key Marina. His objections were based upon the premise that the live aboards pay no taxes and, therefore, are subsidized by the City of Miami which in turn deprives the elderly and others of needed municipal services. JJUI 2 3 1979 3 . APPROVE COLLEC`PIVE .71,G_PTTI T - SANITATION ',10R: 'S ASSOCIIVION, INC. Mr. Hines Breeden representing the Sanitation Workers Association appeared in support of the adoption of the proposed resolution. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION 79-504 A RESOLUTION AUTHORIZING THE CITY MANAGER TO . FNI'ER.- IN'It� A.00LLECTIVE:BARGAINING AGREEMENT WITH THE SANITATION WORKERS ASSOCIATION, INC. (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: Vice -Mayor J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner Armando LaCasa Mayor Maurice Ferre NOES: None Mr. plumerer: Reasonable men candisagree, but they don't have to be dis-, agreeable. It is proven again today. Mayor Ferre: A11•right. Congratulations and thank you. 4. DISCUSSION OF P_POPOSED LEASE AGRT'r:!'IENTS : (a) ! I tI OUI!9OARD CLUB (b) ruAmI YACHT CLUB (c) COCONUT GROVE SAILING CUM Mayor Ferre: We are now on item number a which is discussion of the proposed lease agreement with the Miami Outboard Club, Miami Yacht Club and the Coconut Grove Sailing Club. Mrs. Gordon. Mrs. Gordon: This item is before us again. It has been heare before. The information that has been supplied to us by the Manager's staff is in your packet. I suggest that you probably have all had an opportunity to read it. I find some serious problems with the recommendation that the management has supplied us. One of the most important problems are in the term of years that is being suggested, 15 years. And; second, there is serious problem in the contract itself which recites a termination of the lease would allow the leasee to be ; compensated for the - improvements. As I understand the improve- ments that are there now are possession of the City of Miami, so what is your staff referring to Mr. Grassie. Mr.;Grassie: Two or three pointsCcnmssioner Gordon. What you have in front of you is not a staff recommendation. What we have done is attempt to put down on paper, as nearly as we could, the apparent intent of the City Commission, and particularly your comments as they came out of the discussion ist kU L 2 3 1979 Now with regard to the 15 year period, the reason that that is in there is that the clubs are interested in making further improvements if they get this contract approved, or some contract approved. Now, what we are talking about with regard to reimbursement for unamortized improvements is only unimprovements which are constructive under this agreement. So that we would be talking about a new investment on the part of the clubs and that new investment if for some reason, beyond the control theofcilubs, if zed part of they were dispossessed, they would be reimbursed for some that investment. Mrs. Gordon: I understand what you are saying but I am not agreeing. The 15 year term is not a term that I believe this Commission should proceed to become involved in.`I believe that anything over three years should be a matter of the right of the tax payers of the City of Miami to choose whether or not. that long a term of lease should be entered into. Next, the analysis that your staff did pertaining to arriving at an equitable rate of return based upon only a, I hate to call it a tax, but a surcharge on the non-resident members appears to be an equitable approach to arriving at an amount.... Mr. Grassie: An inequitable? Mrs. Gordon: An equitable. tor. Grassier. Equitable. Mrs. Gordon: It appearsto be equitable in their approach to haw they arrive, arriving at it. • It has never been my intent to enter into a long lease but on a year to year basis with a'maximum of three years unless it goes to the voters for their approval MayorFerre: Any further convents or questions? Mr. LaCasa:. Mr. Grassie, has this been referred to the Miami Waterfront Board for consideration? Mr. Grassie: No it has not. Mrs. Gordon Mr. LaCasa, you know and everyone up here knows, that you have exempted the Watson Island property'fram the jurisdication of the Waterfront Board by -your` own intent -because you did not wish them to be a party to" anything that takes place on Watson Island: Mr. LaCasa' Yes Mrs. Gordon but'the thing is this, besides the one on Watson Island which is".the Miami Outboard: Club, we also have the Coconut' Grove Sailing Club, we also,have the Miami Yacht Club. Mrs. Gordon:, That's on the island you know. Mr. LaCasa: The Miami Yacht Club is also Watson.` Mrs. Gordon: Mr. LaCasa: And the Coconut Grove Sailing Club? Mrs.°Gordon: That is not the island and I can understand your reasoning with regard to thatand I would approve of that approach for the Coconut Grove Sailing Club. The two that are on Watson Island are not in the jurisdiction, however. Mr. LaCasa: Well I'll tell you this, my feeling is that if the Miami Waterfront Board is going to consider the one in Coconut Grove, I see no reason why they should not also make the recommendations and at least enter into consideration of the other two. I realize the question of the exemption of the Watson Island but the reason why Watson Island was exempted I don't think that has anything particularly with these two other clubs. Mrs. Gordon: LaCasa, let me explain to you that the Mayor's concern is for the development of the Watson Island project and he does not or did not want, what he wants today I don't know, but what he did not want was any controls by any outside entities over that island. If that were.... Mayor Ferre: Are you quite finished? Nis. Gordon: If that were to be included in the jurisdiction of the Waterfront Board, it appears to me that the entire guidelines and ruies for operation of the Waterfront Board just be amended and not just for a particular instance where it might be convenient. Are you finished? Yes sir. Are there any other comments CT statements? Mr. Plumrer: Yes. Mr. Mayor I of course, am all an favor of the leases. I concur in some cases with Mrs. Gordon and not with others. 'Let me just make two points. One which I have some real disagreement, with is on the out of city residents. I tend to believe that We are going to invite a charge to be placed on City people when they go, out of our City into other surrounding oomttunities. And you know, its, it works both ways. If someone goes to Pelican Harbor which is owned by the County, I think you are encouraging the same tax to be placed back on our people and taking into consideration that '-the County, at this present time, has a lot more marina facilities then we,do obviously, there are a lot of City people using who are using County facilities. I think that we are one big County and I think that we should enjoy this County We all pay taxes to the County, we pay taxes to the City. So I.have some real problems in that area.. The only other problem, Mr. Manager, that I think, the sense that I am getting that this not going to be approved today. I see Stuart over there about ready to fall through his chair with more work on the Waterfront Board but that...you took the job. My only concern is in one word and that is the word maintenance. I think, I know when I was for 20 years a member of the Outboard Club, maintenance that they normally do is minor maintenance. It is' nothing of a heavy nature but I do feel for the purposes of a contract that it should be delineated that it is minor maintenance. I don't think that they would, but we don't want anything to be of a heavy duty repair or total overhaul job or things of: that nature on any of these facilities. :And I do feel that we should have that protection buiilt in that any repair would be of minor nature. Other than that, I really have no problem with any of these leases. I do feel Camussioner LaCasa that we do have a Waterfront Board. The Mayor can speak for himself but let me speak when.I voted excluding Watson Island, I think we were all talking about the project that is so well known on Watson Island, it did not address itself to the two yacht clubs. As a matter of fact, rnich to the contrary, we the Commission collectively, told the- developer at the time of the signing of the contract that we expected that he would deal fairly with these people and if, in fact, their plans called for a move that he would negotiate and bear the cost of the trove. So I don't see a:thing wrong with this going before the Waterfront Board andI see overall I think it is:a good contract. Mayor Ferre: Mrs. Gordon for a rebuttal. Mrs.. Gordon: The only thing,J. L.,that'I would like to call to your attention is the fact that the City is right now in the throes of composing or compiling a budget. Now, if there is going to be any new monies found through this source it seem to me that it would be reasonable to do it now so that we could budget the funds that are being received into the budget. A budget that is falling far short of what is needed to sustain the services that the City presently is serving. Again, the County, I'm not certain and maybe you have this information,J. L. The information I would like to askyou is do you know of any facility in the County presently leased to private clubs at a dollar a year? Mr. Plummer: I'm not sure. Let me answer that way. But I know that for example that I can go to Pelican Harbor and I as a boater can rent a space there and .1 don't` have to pay any charge extra because I'm not a resident. I'think Rose, you know.:.. Mrs. Gordon: You pay a County tax J. , you and I both pay County taxe Mr. Plunner I understand that but it is not in the City. O.k.; Let; me tell you Rose whereI have the prth1n. The problem is this, .You know 04 'J U L 2 3 197$ first and foremost, we must recognize an inequity. An inequity is that this City which should be the boating capital of the world is not. Rose you know, I think that what we should be doing is thinking more in the terms and nose, I respect your opinion when it comes to private developers for profit. But none of these clubs, that I know of, are in the business of a club, and it is a business, same of it is big business, to make a profit. This is for the pleasure of the members whether they be City residents or not. And you know, I don't look at this Rose, in the same way that I look, for example, at the project on Watson island which is no question, it is revenue for this City as well as private developers. I am not goint to go in because these clubs have repeated....you know, I have a little six year old right now, and I guess maybe I'm placing myself in a conflict, Mr. Grassie, who is taking sailing lessons at Coconut Grove Sailing Club. And I am very proud that they are doing a fine job. And you know, they are doing a service for this community. Miami Outboard Club, they have for years...we would never have racing around here if it wasn't for that rescue team of which I was proud to be a member. The Miami Yacht Club, they provide service to this community. So Ireally don't Rose, look in the same context as a private developer for profit as I do. to an organization that is service oriented arc for civic good, and yes for their own pleasure. I look at these things a little differently. Mrs. Gordon: J. L., I know and I know that you are not what is common referred to as a liberal, a giveaway of the dollars that belong to public, I..,. Mr. Plummer: I' have told you before Rose, I'll tell you again, if it wasn't for me on this Commission none of the rest of you would be liberals.; Mrs. Gordon: J. L. First of all, lets get the recordstraight. Everyone here ; is in favor of additional yachting facilities ;in this'community. here are a far shortage of available slips,,, and certainly this the boating capital,or should be, of the world and I` don't need any applause but that is a comb n : fact and nobody is disputing that. The only thing we are saying is... yor Ferre: I have a feeling you are not going to get any. Mrs.` Gordon: Maurice, you want to take the floor►go ahead. All right Maurice it's your turn. You are on center now. You'd rather I'd finish my comments? That's kind of you. Ladies and gentlemen, do you think that if you paid, those of you who don't live in the City, if you paid $8.35 a month to enjoy the facilities and that money was turned over to the City of Miami to be used for additional police and fire protection for this community that you would be treated unfairly. Do you really believe that that is an unfair request of you who do not pay anything towards the police and fire protection that you are receiving at that club by being a member there and the City receiving nothing for it. If you feel that that is equitable raise your right hand. Well I don't see to many` equitable signs around here. A couple of them, one who happens to be ,a good personal friend of mine, has raised his hand. But I can forgive him for that and still like him very much. Unidentified` Speaker: There is a response to that. Mrs.. Gordon: ,; That is o.k. Ray we don't need to debate it. I have made my point. Ladies and gentlemen, I feel the City is being treated unfairly. That is the only thing I'm trying to say. I'm saying the City needs the money because it has to supply this community with more police and fire protection than it presently has. The Police Department is understaffed by over 100 less slots than it had two years ago. You are all faced with the problems'' of crime. You all want us to supply you with better services, and we want to but where are we going to get it from unless you contribute a little bit to it. Thank you. Mr plumier: I will offer a notion at relating to -the agreements between the Coconut Grove Sailing Club be approved it be sent to the Waterfront Board and ordinance... Mrs. Gordon: What do you mean by that J.L .? 05 this time that all of the matters Miami Outboard Club, Miami Yacht Club, in principle but in the interim time brought back in the form of an. 'JUL 2 3 197g Mr. Plumper:. Mayor Ferre: Mr. Plumper: Mrs. Gordon: Mr. Plumper: Mrs. Gordon: Mr. Plummer: Mayor Ferre: Mr. Plummer: Wait, wait Mr. Mayor, anythat it be brought back in, -the form of an ordinance in our first meeting in September. We accept the , I think he said, means just exacly what he We accept the negotiations in principle Rose. Accept what 15 year leaseor what? What are you accepting. We axe acceptingthe total package. No I'm not. I can't accept a 15 year lease: I' understand. No, I understand that. Is there a second to that motion? Mrs.:Gordon If you will exclude.. Mayor. Ferre: Excuse ire please. a second to that motion? • an still running the meeting. Is.there Mr. LaCasa: I am ready to second thi from the maker of the motion. Mayor Ferre: Yes rsir. Mr. Mayor but I want' to as a question Mr. LaCasa: Mr. Plummer does that mean that we are to consider this after a recommendation ndation from the Waterfront Board? Mr. Plummer: Without question and I would expect if any input is from the Waterfront Board as to what they feel is needed to make this a better contract I would hope they would consider my word maintenance. Mayor Ferre: Is there a second? Mr. LaCasa: All right now, on the discussion. Mrs.' Gordon: Mr., Mr. Plummer, question. Question to you Mr. Plummer. Your motion is very vague in its intent. I understand your intent is to ,send the matter the Waterfront Board. O.k. But youalso say approving yin principle. Now, will you delineate exactly what the principle is. Mr. Plunmer: As contained. Mts. Gordon: 15....Al l right. To go over the item p e r s e, the 15. lease is intended. Mr. Plummer: Unless it is recarrended.differently and radically by the Waterfront Board, yes niam. And let..you know...lets keep, as you say Rose... Mt. Plummer: ..Keep the record straight. This in effect,lets say is not a 15 year contract, this is a five year contract because it clearly states the rent will be adjusted every five years and upgraded. Mrs. Gordon: J. L. that doesn't: make it a five year contract. That makes an acceleration of rent based upon whatever controls there are for.... Mr. Plummer: Well, if you don't agree on the acceleration, they are out.. Mrs. Gordon: J.L., that is not the point. The point is when you are talking about a contract a contract is the full term of whatever it is. The full term is 15 years. Now,, the second point that is necessary for delineation is in the agreement as given to us by management there is the condition that if the lease is 'broken by the City that there shall be compensation for the improvement. Will you delineate exactly what 06 13ul 2 1I" 11 1111 II IIIIII.n ist ist Mr. Pl improvements you are talking about? Mr. Plummer: All right. I'm glad you brought that up because that addresses two problems. The fire one Rose,` it is not financially feasible, and it is my hope and desire that each one of these clubs will expand their facilities. Expansion to the point of maybe doubling what they are offering to the public today. You cannot expand and amortize in three years. You just can't do it Rose. I think that as far as to be reimbursed, it was made very clear to Mr. Fine when he stood here as, and that's what I think it is addressing itself to, is the Yacht Club and the Outboarb Club, that if they made these improvements and he and his group decided that they should move to a different location, he would pay for the movement. It is the wording City, of course, it has to be the City. Father Gibson: Mr. Mayor, I would feel mire oamfortable, you know I have a feeling about boats. I would feel more cxxnfortalbe if we were to say to the Waterfront Board,'. aren't you the Chairman, sir? Father Gibson: Oh, you are just a member. If we were to sa you see this matter, you study "it, you bring us back. Mayor Ferre: All right. Father Gibson: You see, if`I were on a board and you make all of the dec... most of the decisions and then send it to me, I'd fell like why in the devil do you need me. I would think, I may not agree .with a thin they say, but I'd least I'd put them on guard, :,that' respect them, I want them to utilize their energies and come on back and tell me. And, and there is merit in what Rose is saying.... Mr. Plummer: Father, I have no problem with that as long as it is back before' us for the first meeting in September.... Father Gibson: I'll buy that, I'll buy that.. umr: If you want. Father Gibson:' Mrs. Mr. Plummer: If` that is what you want Father, going to change my mind. Father Gibson: And, and incidently 'would hope that the sense of sending it to them would also rean,or:would be inherent, that we need these additional facilities and they ought to came back even with that in mind, if they cone back. Mayor Ferre: May I say something now? I have been listening quietly to the discussion and I, would like to, at this point, since the notion is still before us, make' a few comments. In; the first place, it is my opinion that we desperately need to encourage rather than to discourage the boating community. In the second place, I have been,am today, and will continue to be a strong advocate supporting these and any other clubs that want to come along to properly, under proper guidelines, develop our waterfront for boaters. City of Miami owns 25%, ladies and gentlemen, of the waterfront in the City of Miami. There is no other city in these United States, including Chicago, that own that large a percentage of the waterfront. There are no cities in California that own that much of the waterfront. Now, there is as you know, a controversy and this is a part of it, as to what happens to the leases on City of Miami waterfront. We are addressing that. We addressed it Friday, I hope we will address it in final form tonight. It will be on the ballot on September 18th, I think, and if that is the case you will have opportunity to vote for that, and it speaks very simply as to what it is that the City must do before signing a long term lease. 07 -JUL 2 3 1979 ist And I;jtist want to take a second to reiterate what those things are. One is that we get two appraisals so that we know we are getting a good, a reasonable agreement. Two is, that it not violate the Master Plan as it exists at that time. The third thing we are going to do is to put it out for competitive bids or ecscpetitive negotiations. And the fourth thing is that the public have access and use of all waterfront property. Now, there are ways in which that can be exempted. As far as you are concerned, and I was the draftor of this particular issue that is before us, you will notice that the word commercial is inserted. This is commercial. Now, I don't think unless you are profit making clubs, that you would ever be classified as a commercial entity, and therefore, you are not directly involved in this process. I want to make that very sure so that as you hear the arguments and read it in the newspaper,you will know that the word commercial is in there. And I think that exempts you, and some of the lawyers that I have talked to think that you are exempted because of that. Now, let us, let me address the equity in all of this. I happen to think that there is nothing wrong in our taking, on a selected basis, certain properties and developing them into marinas and into water usage. Now there are several ways we can do that. One is, the City pays for, the City develops, and the City operates. Another way is, the City pays for, and the City develops, and a private company operates. Another way is, for the.rivate company, on a bid process, to develop, to build and to operate. That we are going to be addressing in the future after the Waterfront Board deliberates.But there are other types of water activities that don't fall into that pattern. The clubs are the ones specifically that I am talking about. Now, there are two forms, there are two types of clubs. One is the bay bottom land that we lease and there are two clubs involved in that. The Biscayne Yacht Club and the Coral Reef Yacht Club. Now, if we do not lease the bay bottoms to those clubs, in my opinion, obviously nobody else is going to develop them because the upland land belongs to the clubs and therefore, they would be undeveloped. I think it is useful, I think it is proper, I think it is progressive, I think it is forward looking to permit upland owners to develop bay bottom that fit within this category and I see nothing wrong with the development by private yacht clubs of submerged waters, provided they meet all the enviornmental tests and everything else. The other clubs are the three yacht clubs. Two on Watson Island, one in Coconut Grove, where we are in effect leasing land to a group of people that formed themselves into a club. I think there are certain absolute requirements there. One, is that they be open clubs. We cannot have clubs on public property that are not open to people participating. I happen to disagree with my colleague J.L. Plummer with regards to the residency. Metropolitan Dade County, we all are tax payers in Metropolitan Dade County, so when I pay my taxes to Metro I expect to get service and I expect to be able to use Pelican Harbor. There are many people that are using City of Miami facilities tha are .not contributors, they do not pay tax, and I think that it is only fair and prePer that those people that do not live in the City and are not paying taxes, in lieu of taxes when they use City facilities, pay a reasonable and fair amount. There is nothing wrong with that and we are not going to do something that is unreasonalbe, and the reason is this. There is a place in our amity for expensive yacht clubs. There is a place in our oomrunity for marinas that are also expensive. But there is also a place in this community, and there is a need, for low cost boating. And the only way we` can dothat, in rnyopinion, is to properly run and properly manage private clubs that are able to use public land in an appropriate open manner way, so that everybody in this ca munity can boat, and that is absolutely essential that we recognize the importance of that. Now some- where in the middle there is a happy medium and I think we are going to go in that direction. Let me say that Father, your comments are well made. I agree with them and accept them. If you will notice, all we have before us; is the proposed draft on the one club, the Miami Outboard Club. This does not speak to any other club. Mrs. rsreGoson: It It.edoes M . Mayor. Underneath : it there is a two and then here are three seperate'items here that you might'. want to refer to. Mayor Ferre: The second item, in'A2 is the Miami Yacht Club, which is a proposed lease and the third one is the Coconut Grove Sailing Club which 08 rJUL 2 3 197g ist arethe three non -bay bottom clubs. Now as I understand, the thrust of Pl rt er's notion is that what has been presented to us by the administration is approved....Mr. Plumrer, yes, is approved in principle,' but that before it comes tous in a formal way, which is as a resolution, is that correct? Is it a resolution? Mr. Grassie: Yes, basically it is correct. You would be approvingitit by resolution,Mr. Mayor. What we need to remind you of is that this set of agreements -has still not been reviewed with the individual clubs. Mayor Ferre: Oh, I understand that, and I think this has to be further negotiated and further, it has to be approved by the Water Board. And I think that your motion doesn't do any violence to that because in effect,: what it says is continue to negotiate, proceed with the evaluation of the, Waterfront Board, e-one back to the Commission with your recannendation, and if everybody is in agreetn nt, make it in the form of a resolution. But what we are in effect saying, by passing Plunmter's notion, and that's why I think it is important that it be passed, is that in principle what the administration has presented which is a 15 year lease type of an approach, is the approach that we want to take. That does not mean that you are tied tc: that. It means that this Commission sees that with favor and I think it is important for us to make that philosophical statement now. That doesn't man Mr. Soirg, that you can't come back and say we disagree with 15 years, it ought to be 20 years because there is no way that these people can coarse up with a long term improvement unless we have that type of a thing . All,right, we have a motion on the floor, Plumrer and we have a second is there further discussion? Mr. Plummer: Mr. Mayor, you know I just want to make it very clear on the record,I respect Father's opinion and Father it makes no difference to me because I don't feel it does any violence. I know Stuart, alot of members of that board, who are not going to be dictated to by this Commission. They are free thinkers and they are going to do what they feel is right. Mr. Mayor, I, at this point in courtesy to Father Gibson, I will withdraw my notion. ` I don't want it to be misconstrued that we are trying to dictate to you. I want it very clear Mr. Mayor, that as far as I am concerned I have made my thoughts known and I will listen to anything the Waterfront Board wants to tell me, as I always have, but my thoughts in this area are very.... Mr. Mayor, I, let me conclude by just saying that I do with- draw the motion only out of courtesy to Father. Mrs. Gordon: I will offer another notion.... Mr. Plumper: I would like to just,Rose, to make` one point. I think it is host unfortunate that the members of this Comnmission have not had, to my knowledge, the opportunity that I have had soave four or five year ago in which I made a trip fscen Miami to Washington, D. C. on the inland waterway, and to look at soma other facilities that exist in that inland waterway which are mostly all canted by municipalities. And they are sate pretty fine....The City of Jacksonville as one of the best marinas I've seen. And this is what I would hope to encourage in this particular area. I want you to know that it is my intent to vote on a contract the first meeint in September. I do not find any violence, any big problem with this contract. Mayor Ferre: All right, we have no notion on the floor now. Father Gibson: ;'Let me ask before'you....Let me ask the people of the Water. Board and let me ask the people of the club, if we were to proceed based on what we have before us that Plunr er'is recommending, do you find, do you have any problem. Look, thatis my only concern. I don't..I just don't believe I ought to upstage you. Mrs. Gordon: There isn't any motion, then I would like to offer a notion" thatthis matter be referredto the Waterfront Board in that way, with all the backup material supplied to. them. 09 `J U L 2 3 1979 r Mr. Plummer: Well, I'll second the motion. Mayor Ferre:' There is a motion, there is a second. Under discussion, is would like to respectfully request that begun that motion that we, as a natter of principle, set the guidelines. Because unless we set auidel' es as to which•way this Commission wants to go, then I think that the deliberation of the Waterfront Board is going to going to get bogged dawn. Father Gibson: I have no objections, set the guidelines. Mrs. Gordon: It has already been fully discussed Mr. Mayor, and with the backup material that they have received, the discussion they have heard, and they are intelligent human beings who` have been assigned a responsibility, which I am sure they want to fulfill to the best of their ability without being spoon fed. I believe that they should therefore, be receiving all the material and that's it. Father Gibson: I would want...I.would not hesitate to second the motion providing we say it is understood. Have you seconded it? All right. I would want them to adhere to the guidelines, I mean you know, take them under consideration. And if there is something wrong or bad then I think you can deal with that. But at least you ought to have score sense of direction. Mrs. Gordon: I would suggest Father Gibson, that that be done in a separate motion and that way they would have the guidelines that the majority of this Commission would like' to send to them. Mayor Ferre: All right. Father Gibson: I think that is a way to do it. All right, all right. Mayor Ferre: Mr. Sorga, I can't accept your convents because then I would have to open it to everybody and this is not a public hearing." call the question Mr. Mayor. Mrs. Gordon: Ma Ferre:All h Mayor i rg t, there is a notion.. re is a call the question, so call the roll. The following notion was introduced by Commissioner Gordon, moved its adoption.', MOTION 79-505 A MOTION REEER'PROPOSED LEASE AGREEMENTS WITH THE MIAMI OUTBOARD CLUB, MIAMI YACHT CLUB, AND THE COCOPA T GROVE SAILING CLUBT) THE WATERFRONT BOARD OF THE CITY OF MIAMI FOR THEIR STUDY AND RECOMMENDATION 'PO THE °O MISSION Upon being seconded by Commissioner Plurnmr, the .mtion was passed and adopted by the following vote: AYES: NOES: ` None Commissioner Rose Gordon Vice Mayor J. I,. Plummer, Jr. Cammissi.oner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre Mayor Ferre: I vote yes, and Mr. Plummer I pass you the'gavel and I make the following notion; that it is the sense of this Commission, that it is the::intentionthat=longterm,15 year minimum, leases be entered into for the proper development of the waterfront by these five clubs. There is three and two others on the waterfront. Remember, we haven't approved Biscayne. O.k, I stand. corrected. For these three....all right, let me be very specific, all right? For the Miami Outboard Club, for the Miami Yacht Club and for the Coconut Grove Sailing Club and for the Biscyane 10 1U1. 2 3 1979 ist Yacht Club with the clear understanding that the City intends to be justly compensated for the useage of that land. Now, is that broad enough where you have...gives you a sense of direction but it doesn't specify anything in particular other than the years. Mt. Sorg, I am going to make an exception, I can see...: Mr. Plummy: No you are not going to make an exception because you are not running the meeting. Is there a second ...is there a second to the notion. Mr. LaCasa: I second the nation. Mr. Plummer: Under discussion by the Commission. Mrs. Gordon: Under discussion, I think everyone here recognizes the reason for this notion that is on the table right now but I feel that it is really stepping over the boundaries of what we created this Waterfront Board for if we dictate any terms or conditions to them. That we should only supply them with the backup. I certainly am not opposed...I'm the one that is a proponet for the surcharge, so consequently no one here misunderstands where I am coming fran. I believe that we should give them the authority that we have given them by the creation of that board and not, not spoon feed them. These men and women do not need to be spoon fed. Mr. Plummer: Any further discussion? Call the roll. The following motion was introduced by Mayor Ferre its hdoption NOTION 79-506 A NOTION STATING THE INTENT OF THE CITY COMMISSION THAT LONG TERM LEASES WITH.15 YEAR MINIMUMS RE ENTERED IN'.iO BETWEEN THE CITY OF MIAMI AND TiTE MIAMI OUTBOARD CLUB, THE MIAMI YACHT CLUB AND THE COCONUT GROVE SAILING CLUB TO PERMIT THE PROPER DEVELOPMENT OF THE THREE AFOREMENTIONED CUBS AND ESTABLISHING THE POLICY THAT THE CITY INTENDS TO BE JUSTLY COMPENSATED FOR THE USE OF THE PUBLIC. LANDS USED BY THE CLUBS Upon being seconded by Commissioner LaCasa, the passed and adopted by the following vote: Mayor Maurice Ferre C Trnissioner (Rev.) Theodore R. Gibson Ca►tnissioner Armando LaCasa Commissioner Rose Gordon *Vice -Mayor J. L. Jr. COMMENTS ON THE "ABC vE ROLL CALL *Mr. Pluar er : I am very much ; in favor of the notion but I made my corm ents before, I must vote no. Mayor Ferre: All right. Let me make sure that Mt. Sorg, there is no misunderstanding here. This is an important matter to this City Commission. What, what in effect we are doing is expressing an opinion, and I think what we are saying is that we want long term leases and we want to be properly compensated for it. We want to develop the waterfront, proper Water Board and I think we are saying, we are expressing an opinion. That doesn't mean that you can't come back and say you would rather have 10 year leases, or 20 or 25 year leases, and that the charges should be X number of dollars per foot or per nmetmber. It does not in anyway restrain you. I just think it is important that when you deliberate you know the sense of this legislative body and all that really was was a sense of the body, of this legislative body expressing our official opinion. 11 'SUL 2 3 1979 Father Gibson: Mr. Mayor, I hope everybody understand this, that I am not opposed to short team or long term. I believe that if you are going to ask a man to invest money, nobody is going to go with his money for two years, three years, four years. I mean lets be sensible. And if you think that a 15 year lease is reasonable, fine. This, I am speaking :for Theodore, and if we have to go to a ten year, I am not opposed to that, or if we have to go to 20 years, I am not opposed to that. But I want an escalation clause in there so that if we go through X number of years, this is what is, and if he is here, this is what is because I know that nobody is going to lend us, lend any group of people their money knowing that they have to make it all in three years, or five years or nothing. I mean, just lets be sensible. Mayor Ferre: All right, further discussion on item A(1), if not very much ladies and gentlemen. That is item A(1), Mayor Ferre: 2 and 3. 3. PI ISION FUMING ?;" UIP,F.T.VR.3TU.17 ; YEk77: (a) 11/77P'. "C1 PLVI ND SYST',Y BoAms M7.1 STUDY A2'11) D LITV flATIO17 (b) AUTHORIZE AC IJARIAL STUDY or PROPOrms '.ln "P PAID BY (I ? Mayor Ferre: A],1 right, we now are on item number (b) which is the pension funding for future years, pension problems and recommendations. Mr. Plummer: Mr. Mayor, if you can hear me. Father, I want you to hear this.; Mr. Mayor, I would on item (b) at this time make a oration. This matter has not been even looked at by the too pension boards for consideration or recamre_ndation and in the same manner, I feel this matter`- should be taken•before those boards for consideration, deliberations and then brought back before this Commission. Mayor Ferre: All right, there is a notion on the floor. Mayor Ferre: Seconded, that these matter be referred to both pension hoards and then after they deliberate come back. Would you put a date on that? Mr. Plummer: Mr. Ma meeting.'' ine, all right Mr. Grassie. That is our nex Mr. Grassie: Under discussion Mr. Mayor, simply so that the City Commission would understand why it ison your agenda. You have somewhat of an unusual relationship to the pension boards, in that it is of course, the responsibility of the City Cawnission to approve a budget and it would seem to be difficult for the pension boards to come to conclusions without some guidance from this City Commission with regard to the outside limits on money. In other words, their discussions have always had to do with maintaining a sound and well managed system, pension, and they have not had in the past to give the kind of consideration that you are obliged to give to the matter of funding those systems in the sense of raising the revenues ist 11 I.111111111111111 ,,u1 2 3 19T9 Mr. Grassie: ....It is for that reason that I had hoped that you would establish same indication, for the system and the plan, so that they would have a basis on which to deliberate. Mrs. Gordon: ...that would be reasonable becasue you have just done that, or tried, or you diddo that, and I did not go with it for the Waterfront Board. Now, if you have, any thoughts relating to this, you certainly should convey them to the pension boards which is a whole lot more serious than the item previous to this. Mayor Ferre: I would say that this is an item of much more significance than the one we talked about a little while ago because, and it falls somewhat within our purview, because we do have the responsibility of setting a budget and obviously this is one of the key things that the administration is coming up with with regards to the establishment of this budget. And if this is not going to be considered then I. think we have.... he has to know, let me finish, so that we can get alternates. Now, I would certainly think that one of the things we ought to do, and if nobody else will make a motion, I certainly will, is that we direct the pension actuaries to prepare a report.... Mr. Plummer: That has already been done. Mayor"Ferrre: ...indicating the revisions necessary to offset the increased costs tothe City in excess of the 5% limitation in property taxes. You say it has already been done, J. L. Mr. Plumer: There has been actuarial studies already done and I'm, the Manager has come up with a camputation of figures of what this new proposed plan would do. Mr. Grassie: I believe, just as a matter of information Crnmissioner, I believe that the studies done so far, have been on an actuarial basis rather than within a revenue limitation. In other words, they have not been asked In the past to provide the City Commission with alternatives on how the problem might be solved, and that would be what we would be asking ahem to do. Mr. Plummer: I agree Mr. Grassie, but in effect, you know, knowing you and Mr Gunderson, and seeing your backup material, you have done the studies of what this new proposed plan would offer to the City. And I think that's really what the Mayor is getting at, and the only think I see going to an acturial would be to say that your figures are right or wrong. You have done the backup material, you have done your homework. Mayor Ferre: But all the more reason why we should get it done, because with all due respects to the Manager, he may have a lot of information and knowledge, but I would feel alot safer if we would have an acturial study made. How much would it cost, we are not talking about that much. Mr.'Grassie: Less than five thousand dollars. Mayor Ferre: We are talking about you know, a very important item that we have to decide at budget time and I, seems to me that I would feel a lot safer, and I'm sure you would too, if we had an acturial study made. Well, we have a motion on the floor and a second which basically speaks to sending this whole item, item, item (b) to the respective pension boards. Is there any further discussion on that motion? If not, call the roll. W1e11, Mrs. Gordon. Mrs. Gordon:; I just simply want to state when this cones to the pension boards, we have a meeting, I believe very, very soon, I'm not sure of the exact date. That'. is the Plan does. We will take it up, but I wonder if it might not be practical J.L., if we have a joint meeting of both boards? ist '3 ;a23 1919 Mr. Plummer: Rose, that is fine And then the administration can maneand make their presentation to both boards. That's fine with me. Mrs. Gordon: All right, lets, try to find a suitable date when both boards can meet'; and get the presentation,>understand`whatever it is "we need to understand, as a total body. Mayor Ferre: All right, further discussion. Unidentified Speaker: Mayor, we meet Friday Mrs. Gordon. Mrs. Gordon: This Friday? Unidentified Speaker: Yes, we meet Friday. Mayor Ferre: Further discussion on the notion? All right, call the roll. The following motion was introduced by Camussioner Plummer, who its adoption. moved MOTION 79-507 A MOTION TO REFER SUGGESTED ALTERNATIVES FOR PENSION FUNDING FOR FUTURE YEARS AS SUBMFITED ME?vIORANDUM FORM BY J. E. GUNDERSON, DIRECTOR OF FPNANCE TO BOTH THE RETIREMENT BOARD PLAN AND THE RETIRED SYSTEM BOARD FOR THEIR STUDY AND DELIBERATION WITH RE0714E2DATIONS BY THESE BOARDS TO BE PRESENTED TO THE CITY CCNMISSION AT THEIR MEETING OF SEPTEMBER ER 13th, 1979 Upon being seconded by Carmissioner Gibson, the motion was passed and adopted by the following vote: Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa `. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice Ferre like to move. Mr. Plummer.... Mayor Ferre: ....A resolution directing the City's Pension Board Trustee's for the Plan and the System to implement the Pension policy, no wait a minute, that isn't what we want. Where, where is this thing that the actuarial study. Oh here, I'm sorry, here it is. A resolution directing the City's Pension Board Trustee, and trustee's for the Plan and the System. O.K. to, authorizing the actuaries of each pension plan, program to prepare a study and further providing that the cost of such study to be paid from the Pension Trust and Agency Fund. I so move. Dir. Plummer: Is there a second? Mr. LaCasa: Second. Mr. Plummer: All right nay, let rre tell you where I have a problem Mr. Mayor. This is a study done for the City and I think it should be rightfully so, paid for by the City.... Mrs. Gordon:; Right. Absolutely , Dir. Plummer: ..I will go along with you as far as it being done, by I think that this should be paid for by the City and not charged to the recipients. Mr. Grassie: Yes sir, we cars do that. would agree. 14 rJ U L 2 3 1979 Mayor Ferre: Nell then make that as part of the nation then, that it be ordered and the City will pay for it. Any further discussion? Hearing. none, The following motion was introduced by Mayor Ferre, 'neved its adoption. Mr. Plummer: P'1YTION 79-508 A MOTION AUTHORIZING AND DIRECTING THE BOARD OF TRUSTEES OF THE PENSION PLAN/SYSTEM T0 PREPARE AN ACTUARIAL STUDY BASED UPON ALTERNATIVES FOR PENSION FUNDING PRESENTED THIS DATE BY THE DIRECTOR OF FINANCE AND FURTHER PROVIDING THAT THE COST OF SUCH STUDY SHALL BE PAID FROM THE GENERAL FUND OF THE CITY OF MIAMI Upon being seconded by Commissioner LaCasa, the motion was adopted`by the following vote: AYES: NOES: None Mayor MauriceFerre Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner Armando LaCasa Vice -Mayor J. L. Plummer, Jr. 6. DISCUSSION OF PU Ci f• OF IET AT IA PT_',DP''7:M T v ?3'' T-T' STi "'.'; 0r i7JD IDA URGr l E'I :r - ILITY OF UST! DNIIS i':'C . Mayor Ferre: O.K. We are now on item number C which is the offer of the State of Florida to purchase the Interama property, M.r. Grassie. Mr. Grassie: Mr. Mayor and members of the City Commission, as you know we have been disucssing with representatives of the State of Florida, and the State is represented by the president and staff of F.I.U. in this case, the terms under• which the City could receive the 8 million dollars which has been appropriated in exchange for our rights in the Interama property. Now, we have a draft agreement prepared by F.I.U.,which I'm sorry to say, is in such rough form that I have not distributed it to you. It has hand corrections and so on and we just received it, but the basic terms of the agreement are these: (1) the City would receive as a lump son 8 million dollars; (2) the City would give up all of its interest in, and that includes the right to further redevelopment, of the Interama property; and (3rd) the City would retain the right to work with the legislature, and I say that carefully because that is the wording, to work with the legislature in attempting to secure an additional half million dollars plus interest which is the amount still involved in the contract we have with the State which they are not pr000sina to pay in the short run. Now, what that means is, that the State would recognize our option to work with the legislature but they would not on the basis of the current agreement, enter into any Obligation to pay us more than the 8 million dollars which the State has appropriated. If we want to receive the 8 million dollars in the short run, I believe that we have no alternative but to accept, either accept the money on the terms which has, it has been appropriated. which is free and clear. without further obligation from the State or we would have to simply turn down the money in the short run and enter into further negotiations with the State. Mayor Ferre: Mr. LaCasa Mr. LaCasa: !Ir. Grassie, and what about the use of those 8 million dollars.. 15 '.�U L 2 3 1979 ist Mayor Ferre: What? Mr. LaCasa: ...The use of those 8 million dollars. Are we supposed to be tied up in the use of those monies. Mr. Grassie: The use of the monies, Corni.ssioner, I'm, I'm very glad that you brought that point out, it is an, inrtant one. The use of the monies are the same uses as delineated in State Statute 1,25. something or other, which basically outlines all of the purposes for the tourist tax dollars. In other words, anything that can be done with the two cent bed tax could be done with the 8 million dollars to be received by the City. Mr. LaCasa: Let mesee if I understand this question well. We own a property, the City of Miami owns a property which is being bought by the State and we are being paid 8 million dollars. Mr. Grassie: That is not exactly true, Comnissioner,because we`don't own the property in a conventional sense of having free and clear title.... Mayor Ferre: That's the key. TZr. Grassie: It is a very encumbered piece of property.There is very little that we,can do with it. We do not have the right to simply sell it or to develop it the way we would want. We can develop, assuming that we get title, and at this point we really don't have title. We have the right to get paid, or we have the right to get a quit claim deed to 21 acres every six months, as Iunderstand it. Now, there is another complication, and you as an attorney understand this probablybetter'. than the rest of us, and that is that the State has given us a quit claim deed, but of course, that would have to revert back to what it is they are quit claiming. What they have that they are quickclaiming. So, what I am saying isthat you do not have simple title to a piece of property and you could not go out, for example, and dispose of it on the open market. Mayor Ferre: Mr. Grassie, we have requested the City Attorney, as I recall Mr. Knox, I had asked three questions of your office. Are you prepared now to report back us on those three questions? Mr.`Knox Yes sir. I will distribute copies of a memorandum that was developed in response to your inquiries. The first question was whether or not the City of Miami could sue the State of Florida by virtue of their default on their agreement to the terns as contained in the so called Interama agreement.' There is a prohibition, if you will, against seeking damages from the State, but this is in the nature of equity where it would not be impossible for the City of Miami to go to a court of equity and seek to have the State be com-Felled to live up to the terms of the agreemen The second question was,... So the answer is yes,=we could go to court? - Mr. Knox:. Right, not seeking damages, but to seek, to have the....seek. specific performance of obligations that are contained in the contract, and failure to do so would result .=Ln the State being in contempt of court and whatever remedies are available to a court in order to enforce c c pliance would be available. The second question that you asked related to whether or not the . City of Miami could offer property for a private sale. I think the City Manager briefly addres:reed that question. The property is subject to a number of encumbances and 4 , question would be whether a purchaser would purchase a property subject to all of those enczt,erances because encumberar,ces virtually eliminate any beneficial, commercially beneficial use of the property. Mr. Plummer: Mr. 1nox, excuse m_:. Is it not a fact that those encumberances were placed upon by mutual consent based upon the contract which is now in default, so it no longer exists of they are in default. Mr. Knox: Problemis, in a legal sense, that a default does not exist simply by virtue of the facts that the State of Florida has not satisfied its obligation. A court would have to determine, would have to issue a judicial determination, that the facts are, in fact, true and therefore, 16 'JUL 2 3 1979 considering these facts there was a breach of the agreement. Mayor Ferre: And Mr. Plummer, I think we would be hard pressed to find° a judge in the State that would overrule the State's intention of developing that property for the'public. Mr. Plummer: Nor would you find a Commissioner here that would want to do such a thing. I say to you, Mr. Mayor, that in fact, I find Mr. Knox's opinion just 180 degress wrong. I think if there is any suing to be done, it is the State to stop us from pursuing our right to protect the tax payers of this community and their 8 million dollars. It is my understanding that theyy are in default of their contract which we entered into with then, which leaves us then free to do as we see fit. And if we then proceed to do something and they want to try to stop us, then I think the shoe is on the other foot. Let them go to court. Mayor Ferre: But that....but that is the point, is that they probably would and I don't think there would be a judge that would rule in our favor. Mr. Plummer: It is a matter, Mr. Mayor, of whether we go to court and sue them for a determination or whether we proceed in a proper, in what I call a proper manner, and let the shoe be on the other foot and let them try to stop us. Mayor Ferre. But the practical aspect of it....what I'm trying to say, is that if we were to proceed that way, if you had the votes on this Commission to proceed that way, I think, you would find that we would be very quickly.... there would be a very quick stopage of that because the State would probably stop us immediately. And as the City Attorney said, the fart that: they haven't paid us, lived up to their contract, does not necessarily abridge the agreement on our part, and I think what in effect we would do is preclude us, and we would have neither one thing nor the other. What we probably would have, is we would have a $1,600,000 and.... a million how much Clark? Unidentified Speaker: 9 million....with the interest? Mayor Ferre: Yes. Unidentified Speaker: $9,800000.... Mayor Ferre: No sir, whatwould thepayment be right Unidentified Speaker: $1,800000,'I'm sorry.... Mayor Ferre: Thank you. $1,800,000 is what we would get now plus we would get $300,000 every six months for the next 10 years. How many years? Unidentified Speaker: Well, it would probably another 23 years. Mayor Ferre: 23 years, so I think from a practical point of view, not from a legal one, but from a practical point of view, I think our choices are, do we accept the $8,000,000 and try to improve that later on through the legislature for the amount that is remaining, or do we say no, and then proceed to try to collect our $1,800,000 plus $300,000 every six months? Mt. Plummer: Well, I think there is a third option, Mr. Mayor. Mayor Ferre: What is that? Mr. Plummer: I think the third option is the legislature will be meeting in December under a special session, and I think that the third option would be for someone representing the City of Miami to go up and to explain, in particular, to Senator Jack Gordon, who is the head of appropriations, the dire need of an $8,000,000 deficit in this City, to first and foremost, allow us to use and keep those life giving support systems in things of ist 17 J U L 2 3 1979 necessity, rather than possibly using this money for tourist oriented activities... Mayor Ferrer What is the December called for? Mr. Plumper: Well Mr. Mayor, right presently it is for tax revision. It has already been indicated by the Governor that he is going to entertain a side thing of paramutuals and here again... Mayor Ferre: But then that would require, J.L., one of two things. Either the Gpvernor expanding the call or two thirds of the `legislature agreeing to put that as an item that could be considered. .It is my opinion, that the Governor would not expand....I'°don't think he would expand to cover this, number one, and numbertwo,;I doubt if we could get two thirds of the legislature to expand it, especially if it didn't have the approval of the leadership of, the House and Senate, including Senator. Jack Gordon. So again, from a practical point of view, I think that we have a practical limitation: Mr.'Plummer: I guess Mr. Mayor, what I'm really saying is that I feel so strongly that we can demonstrate the need for that ponies in our General Fund, that I:feel that they would be willing to listen to our demonstration, or presentation, and would hopefully, concur as we do that the monies are not needed in tourist oriented but in, in fact, operational costs. Mayor Ferre: There, there is a fourth alternative then. The fourth alternative is that we accept it, and then proceed to request permission to'. use it without any restrictions. I have no problem with that. Mr. ` Plummer: Father Gibson: Well, why wouldn't you do the other? Why wouldn't we do jointly the two things, accept the money, and also ask'for more, and also ask for permission :to use it other than You can't lose. Mayor Ferre: We could do that. Father Gibson: You can do both, Mayor Ferre: Well now Mr. Knox, you were on your second answer. Would you give us the third question. Mr. Knox: All right. As I recall, the third question related to whether or not the funds coui.d be accepted and earmarked for tourist related activities and to get funds from other sources.. let me put it another way. A fund from othersources would be used to, at sane point, became the $8,000,000 while the $8,000,000 is to be used for other sources related to the operation of the City. Mr. Knox: The answer to that question is, that it appears from the face of the appropriation that specific dollars, have not been earmarked and it aears that the principle associated with it...that, is that $8,000,000 be utilized for tourist related activities and that does not appear to be any :time :limit with respect to the expenditure of the funds by the City. However, your fourth question was, how long would the State hold the offer open, if you will, to the City of Miami, and that would be as long as the fiscal year extends. As long as the life of the State's budget extends which would expire on June 30th. ist d U L 2 3 1979 ist Mr. Plummer: bi-annual budget,.., Mayor Ferre: So we in effect, have two years to either accept or reject that. Mr. Plummer: Nell Mr. Mayor, excuse me, my answer was how long is budget and they are now on bi-annual budget which is two years. I'm not wanting my opinion to be used that there might not be a 30 day clause or 90 day clause on the acceptance of this money. Mr. Knox: No, there is not. Mr. Plummer: O.k. well, I'm just.... Mayor Ferre: O.K. Mr. Ernie Fannatto: Mr Mayor, I have a little ;scai ething that : I would like to inject. It hasn't been brought up. Mayor Ferre: Ernie, this is not a public hearing.... Mr. Fannato: Yes, but you are spending tax payers money I mean you are making a deal for tax payers honey "and I don't think legally you are doing it in the right way and I would like to bring up something that hasn't been brought out.... Mayor Ferre: You're, youre....I'm going to have to call you out of orde You will have.... Mayor Ferre: Mr. Fannato: Look Mayor, let me just tell you something Mayor Ferre: You can care back.... Mr. Fannato: You spend millions and millions of dollars of tax payers money and you went overboard and you don't let...you don't want any input .fran the public.. Mayor Ferre: Mr. Fannato, Mr. Fannato, will you listen to me for a moment please. You will have an opportunity to talk about this at the appropriate time. What item is it on the agenda please. Clark. Mr. Grassier It is item number 39 on the agenda, Mr. Mayor. Mayor Ferre: When it acmes up as item.... Mr. Fannato: Yeah, that means I'll be here at 5 o'clock, You aliread brought it up. %hat don't you let me inject something that is benefici to the tax payers. Mayor Ferre: All right, go ahead. No more than five minutes, so hurry 14% Mr. Fannato: I would like to ask two questions, number one to the City Manager, two to the City Attorney. Mr. Manager, for this $8,000,000, how much are we giving up and what are we getting? And to the City Attorney, and to the Cannissioners, it was my understanding that when this property was deeded to Interama, that we give up this property with the understanding that it was going to be used for Interama only, and if it wasn't it would revert back to the City of Miami. Nov, Mt. Ma...Mr. City Attorney, do you know anything about that? Mayor Ferre: That is not accurate, but go ahead George, explain for him. 3 U L 2 3 1979 Mr. Knox: No, that is not entirely accurate., Mayor Ferre: It was not accurate. I was a member. .,I was the Vice -Chairman of Interama and I can specifically tell you that it is not accurate, Go ahead; Mr. Knox: It was a reverted provision which • provided that if payments were not made to the City of Miami by the State as provided for in the contract, then protions of the property would revert back, from year to year, extending from this point for the next 24 years by quit claim deed. Mt. Fannato: Well before the City Attorney answers the second question, you said Mr. Mayor, that isn't so, what was the accurate deal then? Mayor Ferre: When Interama went down the tube, the State of Florida assumed as a surviving entity, all of the responsibilities and the land. Mel Reese had recommended to the City of Miami Commission, back in 1970 when this thing was before and was still alive, and the City of Miami Commission unanimously accepted, a waiver and we gave away all of the land. We have no land. The only thing that was left, in a very nebulous form, was a debt which the City of Miami accepted at 81 million dollars. And therefore, when it went down the drain, we negotiated based on that, and the City Commission accepted, that a form of payment, in effect what we have is an. untenable position. Where we don't really have any real clam :on,the land ' and it..it has all kinds of restrictions and all that wereally have a claim to is a payment. Now, is that generally accurateMr. Knox? Mr. Knox: Yes sir. Mr. Fannato: Well, Mr. Manager, haw, much are we really given. .1 heard what the Mayor said. Now you you said that you recommended it, how much are we really given in return for what we are going to get? Mr. Grassier What we, are giving up Mr. Fannato, is the rather dubious claim that the City has under its agreement with the State. Physically, what we' are giving up is that claim on 92.7 acres at Interama. But:., Mr. Fannato: Mr. Grassie: Mr. Fannato: We are giving up Mayor Ferre: Mr. Mayor Ferre: Anything else? Mr. Fannato: I have always been taught when people have a mort....when people don't pay their debts and there is a mortgage on that party....on that property, it is a forfeiture, forfeiture of the amount of claim and that property should revert back unless they want to pay it off, and I don't think you should do anything else until that it done that way. They should pay it off. Theyshould pay off the million same what we owe, either that or give us title to the original property. I don't think you are doing it in the right manner. Mayor Ferre: Well, we can't get title, I don't think, to the original property. What really is before us is whether or not we accept the legislature's offer to settle this by paying us 8 million dollars in cash, or whether we should try to force the million and eight hundred thousand that is owed to us and get three hundred thousand every six months. That is really what is before us. And the alternative that Mr. Plummer pointed out and that Father Gibson further defined, which I think is a reasonable thing. ist i, 7 .. 41170 ist Mr. Fannato: Well, I'd just like to conclude and say this here, that the Interama was a white elephant but thecontract that was made to the State was the poorest negotiated contract in the history of this City. yor Ferre: All right, further discussion. There is no motion at this point. Mrs. Gordon: You want a motion? Mr. Grassier We would like, Mr. Mayor, an indication of the sense of the Comnrnissicn. If you would like us to complete negotiations with F.I.0 in representation of the State. We would like to get that. Mayor Ferre: All right, what is the will of this Commission? Mrs. Gordon: Well(inaudible) I would like to see us get the 8 million;. and if we could get more flexibility from the State, we should at least try to get the flexibility, ask for it. By all means, I think we should get the money. Mayor Ferre: Is there a second to that motion? What is the motion. mayor Ferre: The motion is that we proceed with the negotiating, understood it, and try to get more flexibility from the State, Mr. Plummer: Well, I surely have no problem with that. Flexibility indicates that we get ourjust due. Nrs. Gordon: Inother words, we ask them to pay us the money, cit., because let me tell you, the...if you are going to wait 24 years, the value of the dollar by that time won't be worth very much...at the rate we are losing the value now. Mayor Ferre: I think J.L., lets be very sure that we understand what everybody is saying around here. As I understand, Mrs. Gordon is saying accept the 8 million dollars and request the legislature to free up the conditions. .as that.... Father Gibson: And to...my concern is that we proceed to ask for more, oonjole them to give us more, and. that . Mayor Ferre: Is there a second to the notion? Father Gibson: Second Mayor Ferre: All right, second by Father Gibson. Now, lets make sure we understand what the sense of this notion is. The sense of a notion, and stop me plese if I'm saying it wrong, is that you proceed to negotiate the acceptance of the 8 million dollars, you also proceed officially, to notify the legislature, and I think you should ask the Governor to expand the December call, and for the purposes of discussing two things. One, that restrictions be lifted on the use of the 8 million dollars, and two, that the difference between the 8 million and the half a million that they owe plus the interest unpaid also be increased. Is that.... Mrs. Gordon: I have no objection to it, I just don't want to wait 24 years. Mayor Ferre: All right; is there further discussion? Call the roll, rJUI 2 3 197a ist The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION 79-509 'A MOTION AUTHORIZING AND DIRtuPING THE CITY MANAGER TO PROCEED WITH THE ACCEPTANCE OF THE 01.2.t OF THE STATE OF FLORIDA TO PAY THE CITY OF P'IIAMI AN AMOUNT OF 8 MTLT LION DOLLARS FOR PURCHASE OF THE IN ERAMA PROPERTY AND FURTHER INSTRUCTING THE MANAGER TO CONTACT GOVERNOR BOB GRAHAM TO REQUEST THAT HE EXPAND THE LEGISLATIVE SESSION IN DECEMBER TO INCLUDE DISCUSSION OF THIS MA'TtA TO OBTAIN LEGISLATIVE APPROVAL OF REMOVAL OF RESTRICTIONS PRESENTLY IMPOSED IN THE ACCEPTANCE OF THE 3 NITLT,ION DOLLARS AND TO DISCUSS • Ur MONIES OWED TO THE CITY OF MIAMI BY THE STATE OF FLORIDA Upon being seconded by Commissioner Gibson, the ration was passed and adopted by the following vote: AYES:. NOES: None Commissioner Rose Gordon` *Vice -Mayor J. L. Plummer, Jr. Commissioner ,(Rev.) Theodore R. Gibson Commissioner Armando LaCasa *Mayor Maurice Ferre COMMENTS ON THE ABOVE ROLL CALL *Mr. Plummer In sense what we are saying is, that we impose upon the State no more restrictions'; and ask them to do the same for us. I vote yes. Mayor Ferre: Wait a minute, wait a minute. I want to make sure that we are not misunderstanding. Mr. Plummer, when we instruct the administration to negotiate withF.I.U. and come back with a final packet, the... if we accept it in final form, you realize that of course, that legally and technically, should the Governor not want to expand the call and should the legislature not want to lift therestrictions, that we in effect, are stuck with what we're...what they have offered. Mr. Plummer: Well, Idon't see it that way. Until such time, Mr. Mayor, as a final contract is drawn, this matter is up in the air. Surely we are not going to preclude the City administration's right to make a demonstration or....before the appropriate party in Tallahassee to give us that flexibility. You know, I can remember Mel Reese's dream and his selling point before this Commission, when we accepted that agreement that that could, in fact, be one of the greatest and finest bowls in the world, and that is why we chose that particular piece of property out of all of the average. And you know, I'm not going to sit here and say to the State you can only have that property if you build that bowl. I am going to give them the flexibility of doing what they see as right, fit, and best for the public, but I want them to let me have that same flexibility or the funds derived. r1ayor Ferre: But Mr. Plummer, I think thepoint is, obviously before it is finalized, you have the right to change your mind. But on the other hand, what we are instructing the Manager to do is to proceed in accepting that 8 million. And once he comes back with a negotiated contract and puts it before us, should this Commission vote for it, if we are lucky, we can get these things lifted and get the other million dollars that they owe us, but if they say no, we are stuck. We can't go back then and sue the State for the difference because once we accept' the money with those conditions, that is it. Mr. Plumper: Well, it works bdth ways. We obviously, according to the City Attorney, havo a questionable area in their none payment, so I think 22 f 3UL231979 hi-per4f: Mayor;; Ferre: ' What I am txyuzg to say , is that once °you negotiate vote for, you waive your ].egal right to back and sue them. Mt. Plummer: I'll address that prablem at the time of the final draft. *Mayor Ferre: 0.k. I vote yes. 7. DISCUSSIOi1 OF T?'TFFIC SIGz1 011 DRI'. L'1 Cb Ofl'JT ray Mayor Ferre: Now we are on item number D. ?rs. Gordon. Mrs. Gordon: You have received a copy of a letter which I received from Marilyn S. Simon, which is very self-explanatory, but for the record I will read it for the record. It says, your attention is invited to the inequity of the no,right turn from 4 to 6 P.M. on Monday through Friday, deals with the Bay Heights property. It is a fact that each and every evening on my way hone from work, car after car turns into Samana Drive during that -time. These people are not habitual criminals but just became exceedingly weary of the stop and go traffic and the snails pace of the flaw of traffic during that period. I for one, live directly behind the Museum of Science, and with the shortage of gasoline, feel that making me go all around Bay Heights for what I consider no good reason, is a waste. At least if local traffic were permitted as on Alatka Street I could understand. It is signed by Marilyn S. Simon. I agree with Mrs. Simon. I very frequently have to core down Bayshore Drive at that point, at that hour of the day. It takes me at least twenty minutes to go from the point where I enter Bayshore to 17th Avenue. I find it a tremendous burden for those people who live in Bay Heights to have to go to 17th Avenue and back track or even to Alatka to backtrack to their home. I would like to move that we recommend to the Traffic Department of Dade County that they put up signs which indicate that residents of Bay Heights are permitted to make a right turn, that through traffic will be not invited, or would be punishable as it is now.: Mayor Ferre:, All right, there is a motion on the floor. Is there a second? Is there a second to the motion? Is there a second to the motion. All right, for lack of a second the motion dies. Mrs. Gordon: Because it was not seconded, and because I cannot understand why anyone would find it unreasonable to allow a resident to...who lives behind the wall to have to go all the way around, somebody tell me what the reasoning is. I just don' want to • think you are a lot of unreasonable men. 'would like to think you have a reason for your action. Mr. Plummer: Mr. Mayor, I will make a comment. This matter, of course, had a great deal of discussion. I think at about three, four or even maybe five public hearings before this Commission, in which the residents of that area were very vocal. I think the bottom line as expressed by me at that time, that there is a great difference between residential streets which were designed to carry a capacity of four to five hundred a day, and main arterials which of course, were designed to carry much more. The Traffic Department of Metropolitan Dade County took a traffic count on Tigertail and Halissee, which is the key intersection, found that that intersection, in a 24 hour 23 'JUL 2 3 12711 etk ist period, carried three cars short of 3,000 passenger trips in one day. There is no question that it is not designed as a main arterial, which it became. The problem is that this lady, as I understand, and I appreciate her problem, does ;have ,a little bit of an inconvenience, but so do I as a resident of that area. The main consideration which was denied by this Commission, and I voted favorably, was the experts opinion, that Bayshore should be widened. They are still of that opinion. I_ do feel that that would eliminate a lot of the problem 1 don't agree that it should be widened all the way, but some 10 car lengths just prior. to 17th Avenue would give the right turn capability which is not there now. I.. .'Mayor . Ferre:.. Mayor Ferre: s. Gordon: I don't think J. L. you heard what I said, because what`I said was only local traffic, be permitted. I didn't say anything in the world about through traffic, three thousand vehicles or anything of that sort at all. And with only local traffic, you are certainly goingto help people save gasoline, sitting and waiting for twenty minutes to go for a couple of blocks burns up alot..of fuel. I think it is an imposition upon people to make them sit in their cars for twenty minutes, when a right turn', would be... they would be in their homes in less than two minutes. And I believe, that if you feel so strongly about the fact that it might, in some way, enhance the opportunity for transients to go through there, that could be controlled, just as it`.supposedly, ,is being controlled now. I believe, if you feel that any equity that we should have a public hearing on this now and bring this matter to the attention of those residents. It has been at least two years or maybe more since this publichearing was held, and at this time there is an entirelydifferent situation as it relates to gasoline and fuel. I; would ,ask that this Commission schedule a public hearingon this issue in September at the first meeting available. . Ali right, is that in the form of a motion? Mrs. Gordon:'. Mrs.'Gordon: Yes...I don't need a motion. I am asking the Manager to put this on the agenda for a public hearing. Mayor;Ferre: You cannot do that unless of this Commission, and I'll accept-.... that a legal opinion of yours?,, Mayor Ferre: The hearing at will? Mr. Knox Knox, you have the concurrence question is can any Commissioner call a public To call a public Mrs. Gordon: agenda, that there would... in September. hearing? I'm asking forthis item be put back on the the neighbors of that area be notified. That they could speak to the issue at the first meeting Mr. Knox: Oh, sure. Mayor Ferre: Mrs. Gordon: be notified you can request that items be placed on the As a public hearing? I'm asking that the people o You call it what you want. agenda,; the neighborhood. Mayor Ferre: Well, she can place any item on the agenda that she wants. The question is,can She call for a,Public hearing 24 "'jut 2 3 1979 Mr. Knox: Well, she can propose a resolution also, and if that resolution contemplates a public hearing, then she could probably do that also. Mayor Ferre: You mean make a motion... she could make a resolution... she can Mr. Knox: She can propose City Commission. Mayor Ferre: But that ismy point. I think you can as... you can put....you can achieve, the same thing Rose, by just placingit on the agendaand telling all the people to be here. Mrs. Gordon: I'm not goingto go out and tell them. I think that is the Manager's 'job to do that. He has to notifythem, not me. Mayor Ferre: Well, the only way you can do that officially, as I understood Mr. Knox. ;'-is,for this Commission to adoptit in'aresolution. So, I'11 accept your motion, if you want to make it in the form of a motion. Go ahead. Do you want to do it in the form,. Mrs. Gordon:, Mr. Knox, do I have to form a motion to put this on the agenda. Mr. Knox: The question which comes up on the agenda would then either be a discussion item, or consideration of a resolution. And if the resolution is one that would require a public hearing, then the resolution would activate the public; hearing process. Mrs. Gordon: A11 right, I'll move it then in that manner. Mayor Ferre: All right, there is a motion on the floor, is there a second? Mrs. Gordon: Since_I anticipated there wouldn't be a second I will now ask"Mr. Grassie to place this on the agenda....; Mayor Ferre: Mr. Grassie. All right Mr. Grassie.... Mrs. Gordon: ...to place this on the agenda as a discussion item. Mayor Ferre: Commissioner Gordon would like this to be placed on the agenda for discussion purposes. Mrs. Gordon: And that all members all residents of that area being affected be notified that we are going to discuss this. Mayor Ferre: .I cannot accept that portion of it. I can accept the first portion of it without any problem. The second portion is a public hearing, and as Father Gibson often says, you are going through the back door what you can't get through the front door. Mrs. Gordon: What are you afraid of hearing from the people for? Mayor Ferre: I'm not afraid of anything. Mrs. Gordon: O.K. If you are not afraid, then why aren't you agreeing to let the people come in and tell you whether they like being shut out of their front door or not? Mayor Ferre: Mrs. Gordon, I'm asking for a second and I don't, find a second, and T'_ not __:__ to second it. Mrs. Gordon: I didn't expect it, I don't have any cronies. 25 t *JUL 2 3 1979 ist Mayor Ferre: You are accusing now, Father Gibson.... Mrs. Gordon: No-, I'm not saying anything, h'm saying I don't have ; any. Mayor Ferre: ...and Plummer of being cro...of.being my -cronies because you don't get your way then you are going to Castigate' them. Is that it? " Mrs. Gordon: You can read it any. way you want I don't have any cronies. Mayor Ferre: Is there anything else? We leave it that this is an agenda item period. ust' said 8. SrCOND READING ORDINANCE: ESTABLISH PROCEDURES IN CONTRACTING FOR CERTAIN PROFESSIONAL SER_tVICES PROVIDE FOR INCORPORATION IN CITY CODE SEC. 16-17 Mayor Ferre: Now, we are on item number 11. Lets see if we can move forward on some of these things before noon. Mr. Plummer: All right, Mr. Mayor, as a matter of courtesy, would like to leave at -noon for about an hour.... Mayor Ferre: All right, we have we•can -do in 15 minutes.... Mr. Plummer: It doesn't have to like tohave an, hour. 15 minutes. Lets see what be right at.nnon, but I. would Mayor Ferre: ....We'll take non -controversial items. Does anybody have a problem with item 11? All right, Mr. Plummer; do you still want to move that? Mr. Plummer Yes, sir. Mayor Ferre: Mr. LaCasa, do you still want to second it Mr. LaCsa:' Yes. Mayor Ferre: , All right, an discussion on `it? If not, `'read th' g Y ordinance, please. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD), Mayor ,Ferre: Further discussion? Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING PROCEDURES IN CONTRACTING FOR CERTAIN PROFESSIONAL SERVICES BY THE CITY: ESTABLISHING COMPETITIVE NEGOTIATIONS FOR FIRMS OR INDIVIDUALS PROVIDING SUCH PROFESSIONAL SERVICES AND PROVIDING FOR THE INCORPORATION OF SAID PROCEDURES WITHIN THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS §16-17 THEREOF: CONTAINING. A REPEALER PROVISION AND A SEVERABILITY` CLAUSE 26 JUL 2 3 1979 Was passed on its first reading by title at the meeting of May 22, 1979, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner LaCasa, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8965 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. FIRST AND SECOND READING ORDINANCF: FUND CONSTRUCTION 9. OF NEW FIRE STATION NO. 9 Mayor Ferre: Lets take up item 12. Mrs. Gordon: These are first and second reading items, which I believe, not particularly number 12, I don't have any problem with that, but some of the others may be items that people would want to come down here to speak to, and I think that would be better if we let those wait. Mayor Ferre: Mrs. Gordon:' Mr. LaCasa: Second. Do: you have any objections Mayor Ferre: All right, it has been moved by Plummer, seconded` by LaCasa. Further discussion. Read the ordinance on first and second reading. (CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: All right, call the roll. Mr. Plummer The first roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8716 ADOPTED OCTOBER 26, 1977, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, AS AMENDED, BY APPROPRIATING FROM THE 1976 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUND AN AMOUNT OF $165,000 TO FUND THE CONSTRUCTION OF NEW FIRE STATION NO. 9; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO (2) SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE COMMISSION 27 ist JUL 2 3 1979 Was introduced by Commissioner Plummer and seconded by Commissioner LaCasa, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the require ment of reading same on two separate days by a vote of not less than'four-fifths of the Commission: AYES: Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Mayor: Maurice Ferre NOES: None Whereupon the Commission on a motion of Commissioner' Plummer and seconded by Commissioner LaCasa, adopted said ordinance by the following vote: AYES: Commissioner (Rev.) Theodore RGibson.. Commissioner 'Rose :Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Mayor Maurice Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8966 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. FIRST AND SECOND READING ORDINANCE: ESTABLISH NEW 10. TRUST AND AGFUCY FUND "RECP.EATION PROGPAr'S FOR THE MENTALLY RETARDED" (3rd Year) Mayor Ferre: Now, Mrs. Gordon, on 13, do you want to wait on that one? Which is the mentally retarded, 3rd year. Mrs. Gordon moves item 13, Plummer seconds item 13. Is there discussion? Read the ordinance. 13 please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCIDBER 26, 1977. THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, BY APPROPRIATING INTO THE TRUST AND AGENCY FUNDS AN AMOUNT OF $17,712 FOR THE OPERATION OF THE PROGRAM ENTITLED: "RECREATION FOR THE MENTALLY RETARDED (3RD YEAR)"; CONTAINING A REPEALER PRYVISION AND A SEVERABILITY CLAUSE: AND DISPENSING WITH THE RDQUIRE ENT 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 Gordon and seconded by Cammissioner Plummer for adoption persuant to Section 4, Paragraph (f) of the City Charter.,dispensing with the requirement of reading sane on tuns separate days by a vote of not less than four -fifths of the members of the Camnission ist JU1. 2 3 1gn Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Mayor Maurice Ferre Whereupon the Ca tr fission on a motion of Commissioner Gordon and seconded by Ccimi.ssioner P1umrnr, adopted said ordinance by.'the following vote: AYES: Commissioner Pose Gordon Vice -Mayor J. L. Plu mer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8967 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copes were available to the public. Mayor Ferre: You want to wait on 14, Rose? Mrs. Gordon: 'Yes, I think... Mayor Ferre: Mrs. Gordon: Why don't we break. and ,dome back later. Mayor Ferre: Well,. because of the... Mrs. Gordon: We have a twelve o'clock place that we all have to too... Mayor Ferre can save a lot of time i Mrs. Gordon: It takes 10 minutes to drive over there. agenda. The dedication of Douglas Road... Mayor Ferre: Well, you ]moo, we get there at 12, we will wait for 15 minutes. Nobody expects us to get these at 12? So, lets just see if we can:. two or three of these things done? Any problems with 15? Mr. Plumper: 15, yes, I have problems. Mayor Ferre: All right, is there problem with 16? Mr. Fannato: Yes, I'd like to speak on 15, Mayor. Mayor Ferre: Wait a moment, Ernie, please. We are not discussing it nod. Mr. Fannato: When are you going to discuss it, later? Mayor Ferre: Mr. Fannato: Well then, that's not fair to the people thats here. take them out of order. Mayor Ferre: There is nobody here,: afternoon. Item 16. Mr. Fannato: fist ;jut 231919 ist FIRST AND SEC= PFADnr; ORDINAME: FSTN3LISH MI TRUST AND 11. AMICY FUND "JUVENTTr, OFFRIDETZ DIVMSIONARY PR1-.X.70:7 - 3PD YEAR" "JUVENILE RUNAWAY PMTECT" "STRATEr.3IC Ara -FMICP71 POET P110‘=" "VIDEO STAFFING RELATED DQUIPIENT-3RD YrAR" Mayor Ferre: 17. Mr. Plummer: I have no problem. I'll move it. Mrs. Gordon: I have no oroblems with that either, second. Mayor Ferre: All right, Mrs. Gordon. Plummer moves, Gordon seconds item 17. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATION ORDINANCE, AS AMENDED; BY ESTABLISHING FOUR NEW TRUST AND AGENCY FUNDS ENTITLED: "JUVENILE OFFENDER DIVERSIONARY PROJECT (3RD YEAR)"; "JUVENILE RUNAWAY PROJECT"; "STRATEGIC ANTI -FENCING ENFORCEMENT PROJECT"; AND "VIDEO STAFFING -RELATED EQUIPMENT (3RD YEAR), AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $399,292, OF WHICH $99,660 IS TO BE PROVIDED FROM SAVINGS WITHIN THE FISCAL YEAR 1979 OPERATING BUDGET OF THE MIAMI POLICE DEPAR1MENT7 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; 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 Plummer and seconded by Commissioner Gordon for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission: Mayor Ferre: Call the roll. AYES: Cournissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Carmassioner Armando LaCasa Cburnissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre NOES: None Whereupon the Comni.ssion on motion of Cormii.ssioner Planter and seconded by Ccimmi.ssione.r Gordon, adopted said ordinance by the following vote: Coinnissi.orler (Rev.) rl'heodore R. Gibson AYES : C.amni.ssioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Carrni.ssioner Alinal-tdo LaCasa Mayor Maurice Ferre NOES: None 'JUL 2 3 1979 SAID ORDINANCE WAS DESIGNATED ORDINANCE N0.8968 The City Attorney read the ordinance into the public record ...'announced that copies were available to the members of the City Commission and copies were available to the public. 12. FIRST AND SEOOMD READII]G ORDPIATCE: AMID APPiOPPJATIO!S OFtDINANCE 3858 It1CREASr, I'i? ''toCNF.RMITAL FU S PURG"-U Slt1G - CENTRAL L STD - Mayor Ferre: Any problem with 18? Mr. Plummer: Nbve it. Mayor Ferre: Nbved by Plummer. Mr. LaCasa: Second. Mayor Ferre: Second by LaCasa. Further discussion? Read the ordinance. AN ORDINANCE D4TITLED-' AN ORDINANCE AMENDING SECTIONS 3 AND 6 OF ORDINANCE NO. 8858, ADOYrra) SEP'E!` ER 28, 1978, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979, AS AMENDED; BY INCREASING INTRAGOVERNMENTAL SERVICE FUNDS, PURCHASING - CENTRAL SPORE,, IN AN AMOUNT OF $110,000 FROM MUM'S APPROPRIATED INFO THE FY'78-79 GENERAL FUND, DEPART - MEWS, BOARDS, OFFICES, AND ACCOUNTS; FOR THE PURPOSE OF FUNDING AN INCREASE IN THE MASTER RDQUISITIONS FOR OFFICE SUPPLIES; OPTING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, 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 Mayor Ferre: A None Whereupon the Commission on a motion of CQRmissioner Plummer and seconded by.Commissioner LaCasa, adopted said ordinance by the following vote: Call the roll. Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice Ferre Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Mayor Maurice Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8969 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. 31. i qt 'JUL 2 3 1979 FIRST APID S XDN!D PE1DLIG ORDIN.Ai.JC3 : AMID APPROP_1U TIO!?S 13. OMINAi1Cf', 8853 Ti1CREASE E ?'I'''4PRI5^ FUI S TO PROME PROPERTY 7. ALJTEJA110E ORA1'1 G • NTT:, , rt1TA.1I STADILZ?, F,_ . Mayor Ferre: Take up 19, is there a problem with that? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, is ther a second? Mr. LaCasa: .Second. Mayor Ferre: SEcond by LaCasa, further discussion. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8858, ADOPTED SEPTE BER 28, 1978, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTET ER 30, 1979, AS AMENDED; BY INCREASING THE APPROPRIATIONS FOR THE ENTERPRISE FUNDS, ORANGE BOWL BY $30,561, MIAMI STADIUM BY $25,871; BY DECREASING THE APPROPRIATIONS FOR THE EN ERPRISE•FUNDS, MARINE STADIUM BY $3,353, MUNICIPAL AUDITORIUM BY $29,611, COCONUT GROVE EXHIBITION CENTER BY $23,46.8; FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR PROPERTY MAINTENANCE FOR SAID FACILITIES; CONTAINING A REPEALER PROVISIC AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE CISSION Was introduced by Commissioner Plummer and seconded by Commissioner LaCasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the ` Commission. Mayor Ferre: Call the roll. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Mayor Maurice Ferre Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner LaCasa, adopted said ordinance by the following vote: ist Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Mayor Maurice Ferre -111. 71 1915 SAID ORDINANCE WAS DESIGNATED CeD1NANCE N0.8970 read the ordinance into the public record and The City Attorney announced that copies were available to the City C,cxtmissioon and copies were available to the public. 14. FIPST MADII1G ORDIfIACE: AMEND II853 ItITERGOVERMITAL SalVICE FUNDS "MIAGI.21E2 ' ZIFORi. TIOII SYSZI:!1S DEVEIAPI. L # �: Mayor Ferre: Is there any problem with 20? Is there a motion on that? Mr. LaCasa: Move. Mayor Ferre: Moved by LaCasa. Is there a second? Mr. Plummer: Second.` MayorFerre: Second by Plummer. FUrther discussion. Read the ordinance+ OPt I ANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 3 19AND 678, OR INANCE NO.8858, ADOPTED SEPTE4BER 28, NNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING gFP'IEMBER 30, 1979g�I�1�`IDF'UIFII S BYINCREASING � ]NTRAC4 COMUNICATIONS, IN THE AMOUNT OF $53,470 FROM 1977-78 RETAINED EARNINGS FOR SAID FUND; FOR THE PURPOSE OF EMS DEVELOPMENT PLAN; CONTAINING A REPEALER PROVISIG A VMNAGEMENT INFORMATION ON Ei AND SEVERABILITY CLAUSE. Was introduced by Commissioner LaCasa and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: Mayor Ferre: Call the roll on first reading. Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Mayor Maurice Ferre The City Attorney read the ordinance onto the public record and announced that copies were available to the members of the City Commission and to the public. 15. A[T'HO UZE CITY !IAISNCER ZO EXF CUTE AMTBIENT 'MSS, JAIVEY, ER AND ASSOCIATES, DEC. STRUM/PAL SURVEY OF _EL ORANGE AWL STADIUM Mayor Ferre: How about 20.1, anybody have a problem with that? 33 ( ist 1 • Ulf L 2 3 1973 Mr. Plummer: Mayor Mrs. Mr. Plummer: I want, on 20.1, who is paying for that, Mr. Grassie?. Mayor Ferre: Mr. Grassie, that is the Orange Bawl structure. Mr. Grassie: This, you remember Commissioner, is a set of services that the City agreed by notion to fund but we also stated that we would ask the County to be reimbursed. Their principle indication so far, is that they are willing to reimburse us for it but they have not provided the Toney. Mr. Plummer: Well, they agreed and I just want to take than up...in the meetings here Mr. Mayor... Mayor Ferrer. But that, but that has been agreed to and I think the tourist whatcharr jiggits committee is going to came up with the money.. Mr. Plummer: Well, `the `thing ;I'm saying is, I guess... Mayor Ferre: We need to do it any way. It's"a structural..it, it. Mr. Plummer: Is that they concur in this motion,, going to pay for it, they should have a say. et me put it to you this Mayor Ferre: J.L., to do it any way. that they are you k way. If they say no we have Mr. Plummer: Well, but I want to give them the opportunity to<say no: Mayor Ferre: They are not going to say no. right, is there a motion? Everybody wants' I'll move it Mr.' Mayor, with that understandin Ferre: Is there a second? Gordon: Second Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer,` who roved its adoption: RESOLUTION NO. 79-510 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH WISS, JANNEY, ELSTNER AND ASSOCIATES, INC. FOR THE PRUPOSE OF DETERMINING THE STRUCZURAL INTEGRITY OF THE ORANGE BOWL STADIUM FOR A FEE NOT TO EXCEED $25,000 AND THAT THE FEE SHALL BE SUBJECT TO PAYMENT FROM RETAILED) EARNINGS OR THE DADE COUNTY 2% RESORT TAX (Here follows the body of resolution, omitted here in the Office of the City Clerk). Upon being seconded; by Commissioner Gordon, the adopted by the following vote: AYES: NOES: >ne Vice -Mayor J. L. Plummer, Jr.. Commissioner Armando LaCasa Canrnissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice Ferre on file resolution was passed 111 111111111111 11111111111111 ist ,J0, 2 3 1979 16. ACC LI i' BID - I DEILE IZ7011.1ATIOU SYSTE S FOR TW, FIRE Dt ART'!!riTT Mayor Ferre: 26, any problem with 26? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer. Is there a second? Mr. LaCasa: Second. Mayor Ferre: Second,. further discussion? All right, call the roll. The _following resolution was introduced` by Commissioner P1trttner, who roved its adoption: RESOIUTTION NO.79-511 A RESOLUTION ACCEPTING THE BID OF E-SYSTEMS, INC. FOR FURNISHING A MOBILE INFORMATION SYSTEM AND EQUIPMENT FOR THE DEPARBAENT OF FIRE AT A TOTAL COST OF $532,854.00; ALLOCATING FUNDS FROM THE 1976 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND PROGRAM, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE OF THIS EQUIPMENT (Here follows the body of resolution, moitted 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: Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Carmissioner Rose Gordon Mayor Maurice Ferre NOES: None 17. ACC ► .„ BID - SALE OF 253 CONFISCATFD AND SU1PLUUS GU9S Mayor Ferre: Anybody on 27? Mt. Plummer: I'll move 27 Mayor Ferre: Moved by Plummer is there a second? Mr. LaCasa Second.. Mayor Ferre: Second by LaCasa'. Mr. Plummer: With a notation that almost the sane amount of money , that are need to purchase the new weapons is being paid for by these oonfisca I think.... ist 'J 111 -? 1 wal ist Mayor Ferre: A11 right, call the roll. The following resolution was ed its adoption: introduced by Commissioner Plummer, RESOLUTION :NO.79-512' A RESOLUTION ACCEPTING THE BID .OF C.D. NICOLAS FOR THE SALE OF 253 CONPISCAXED AND ' SURPLUS GUNS . FOR THE DEPARTMENT OF POLICE AT Pi TOTAL PRICE OF $15,559.50 (Here follows the body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Cornrrissioner LaCasa, the resolution was passed and adopted by the following vote:? AYES: Commissioner Armando LaCasa Commissioner. (Rev.) Theodore"R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plurrrrer, Jr. Mayor Maurice Ferre NOES: None P.LT_^HORIZE CITY MAMA O ADVE.RT= FOP. film: 16. LAITD FTT T, i JA'I'ERIAL !R0' 9 VIRZGII'1IA IT:Y Mayor Ferre: Mr. Grassie, you had a... Mr. Plummer: Pocket item. Mayor Ferre: Pocket item. Mr. Plummer: A resolution authorizing the City Manager to advertise for bids for the sale of surface materials. on Virginia Key and furthe:r'. authorizing the City Manager may sell this material if a price is received. at least $1.20 a cubic yard, I .Trove Mrs. "Gordon: What is themarket price? Mr. Grassie:` The market price for this kind of commodity, Commissioner, depends almost' entirely on the where the job is. In other words, it is pretty much like asphalt, how `much ,you are willing to pay for it, depends on how far you have to haul it. Very often the haulage distance is twice the amount of thecost of the material itself. So, what I'm saying to you is, what it's worth depends on where it is going to be used. Mrs. Gordon: So, it's like anything else, the user's need determines the highest price. ` But, what is the ing price? Is this the going price? Mr. Grassie: Well, this is an average, I had. my staff last week, because this has just come up as a question to us, I had my staff last week contact the 8 or 10 major contracthrs that we do business with and they gave us a price. A -low of 50 cents, a high of`$2.25 and the prices ranged in the $1.00 to $1.50 as an average. Mrs. Gordon: This is tie underlined anyway,, they could bid more.. Mr. Grassie: This would be this would be thebottan price that I would think we should sell at, yes. Not lower than that. 36 J U L 2 3 •1979 Mayor Ferre: All right, is there further...who moved that? Plummer? and who seconded? Mr. Plummer: I did. Mr. LaCasa. Second. Mayor Ferre: It doesn't matter. All right, further discussion. Call the roll. The following resolution was introduced who moved its adoption: RESOLUTION NO. 79-513 A RESOILUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR THE SALE OF SURPLUS FILL MATERIAL ON VIRGINIA KEY; AND AUTHORIZING THAT THE CITY MANAGER, MAY SELL THIS MATERIAL IF A PRICE IS RECEIVED OF AT LEAST $1.20 A CUBIC YARD • IV. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner LaCasa was passed and adopted by the following vote: Vice -Mayor J. L. Plummer, Jr., Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice Ferre NOES: None Mayor Ferre: We will meet again at 2 o'clock for...the children are going to be here, from the playground, so let's see if we can be on time. And, - now have a dedication at, Douglas Road. Do you have transportation, Mr. Grassie? Is there transportation -_ for us to go? Mayor Ferre The question is do you have a bus out there to.. We don't have a van, no, we have cars. see, o.k. WHEREUPON the City Commission recessed at 12 Noon and reconvened at 2:12 O'clock, with all members of the City Commission found to be present. Mr. Plummer: Lets see where we can start. Mr. Manager, no don't bring the cake. Hold the cake. Mr. Grassie you are not going to get any more cake by standing back there. Come up here and sit down. Mr. Grassie, what of the morning agenda that we didn't do can we do in a hurry? Mr. Grassie: Commissioner, you took almost all of the controversial, the non -controversial items this morning. The only thing that you could do... is the Mayor now, bring the cake. ist 'Jul. 2 3 1979 19. PLAOUES, P '.SENTATIONS Ai' D SPDCIP.L I`T 1 S (a) Presentation of a cake to the City Commission by children from city playgrounds on the occasion of the City's birthday. Presentation of Commendations to Jay Thompson, Ruth Beller, Jim Morris and: David Mazur for their participation in the public arts program known as "Miami Urban Walls" 'which is sponsored by the City of Miami Downtown Development Authority. (c) Presentation of Friendship Scrolls to Mr. Daniel Periera and Ms. Gladys Logan,proprietors of the largest travel agency in Argentina for their contribution to tourism in South Florida. (b) 20. .ACCEPT PLAT - "LIB_T XEY TRACT SUBDIVISI :1 Mayor Ferre: We are not quite at 2:30 so we are ahead of schedule. Perhaps we can go back to items...lets see, we left off at item 20. Can we pass the. Consent Agenda? 'Anybody have any problems with that? Mrs. Gordon: There was some problems on that. Mayor Ferre: O.k. Well, lets see. What is non -controversial that we can take up now? Item 30? Oh, can we take up item 30 accepting the plat. entitled Light Key Tract Subdivision. There is a gentleman who has a conflict of...in court. Item 30, does anybody have any problems with item 30? Mr. Plummer: What number? I nave' it. Mr. LaCasa: Mr. Plummer: Second Mayor Ferre: Mrs. Gordon: What is 30, Father. Mayor Ferre: It is a plat, Light Key Tract Subdivision, accepting the dedication shown on said plat. The Manager, City Clerk, City Manager recommends. Plat Committee passed it and so on. Is there further discussion? Moved by who? By LaCasa, second :by Plummer,further discussion on item 30, call the roll. ist II WHIM 11111111 PJUL 2 3 i979 'The following resolution was introduced by Carirti.ssioner LaCasa, who roved its adoption: RESOLUTION tsX). 79-514 A masourrioN ACCEPTING THE PLAT ENTITLED LIGHT KEy'rrmcr SUBDIVISION, A SUBDIVISION IN l'HE CITY OF tITAtil, AND ACCEPTING THE DEDICATIONS SHCYAIN ON SAID PLAT, AND AUTHORIZING AND DI•ti ING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT (Here follows the body of resolution, cirtitt.ed here and on file in the Office of the City Clerk) . Upon being seconded by Carrrd.ssioner Plurrrrer, the resolution was passed by the following vote: Catrnissioner Armando LaCasa • • Ccrrrni.ssioner (Rev.) Theodore R. Gibson Crirrnissioner Rose Gordon Vice -Mayor J. L. P3.urirrer, Jr. Mayor Maurice Ferre NOES: None 21. APPOItsTIVEITS: CONTINUE APPOINUTV2 OF PI:R.5011S TO ADVISO2Y CrUNCIL ONECOM.1.1C DEVIMOPMIT Mayor Ferre: Take up item 31. Have you got • • • . Mrs. GDrdon: Did wed°did3°30.Has 30 been done? Mayor Ferre: Yes, we done? _ ,..... that up. bold Gordon: Has 29. SanEb°dYto do 29 beenwanted3wi? Mrs. G°rd .,... . not do utes, you wantt Ferre: W.....____? You wan r about HiLli piurrirer Mayor we haveleft off, . Air_ - to do... Fine with me. we when we ?,11. 1 r: where were . F All. right, Ferre: mayor. Mayor • lin* es, Mr• Mr. t is i . plunirre that? .t.) • e: Wila lace is that yor Farr . es. person to p proffered, Ma r: Airlines. ()Ile that 1 Mr. pluram o.k. tion. I see, . oonten We hadOne e: two s in7 Mayor Ferre: nanleor two? ' . ca. have °ne * n Mr. - Louis Rinoon, question 1 . do is my recoil cu.° P1 r: We of Avian . s we_e . _ . Mr. but thebelieve. Mayo It Mayor . _____out your Ferre: Ye appointed, I ballots. plizilrer• mrs.rGoFerdr:en.:: alAlwbeldtro°1ng,i3ehttha'awovv:eulandy. you take . Mr. 39 JUL 2 3 1979 ist Mayor Ferre: Would you pass out the ballots, please? A.11 right, would you write daan your candidate for the airline. Here is my ballot. Have you all voted? All right, has everybody voted for the airline candidate? All right, would you read out... Mr. Ongie: Under the airline category, Mr. Rincon received 4 votes, Mr. Timmer 1. Mayor Ferre: A11 right, the next category is utilities category. Mr. Plurmer: Mr. Mayor, let rre only for the record, put on there that Florida Power and Light have nominated Mr. Bill Ellis, and they have expressed a great desire, they have gone into this in a big way and would like and be privileged to have ham serve. Mayor Ferre: All right, — Mr, Plurnrrer: Mr. Bill Ellis of Florida Power arid Light. Mrs. Gordon: Would somebody tell rre who Jose Sanchez is? Does anybody have any background on him Mayor Ferre. It's, in your packet. Mrs. Gordon: I don't have it in this package. This package is very abbreviated. Mayor Ferre: It was in the packet perviously. Mrs. Gordon: It was last weeks packet. Mayor Ferre: Here's mine. Mrs. Gordon: Do you have a background on Sanchez? Who nominated him? Mr. Plummer: Rose, it would be in the backup material. Mrs. Gordon: It's not in there, J. L. The backup today... Mr. Plurrmer: I'm' talking about from last week. Mrs. Gordon: I don't have last weeks with ne. Mr. PlUirmer: Mr. Homan is pulling one out now, Rose. Mr. Ongie: M. Mayor, under the utilities category, Mr. Ellis ,received 5 votes. Mayor Ferre: All, right, next category is real estate and we have three candidates. Mrs. Gordon: On the previous one, with Louis Rincon, I'd like to inake that unanimous. Mayor Ferre: For who was that? For Rincon, yes. Mrs. Gordon: Louis Rincon, make it unanimous. Mayor Ferre: You are naa pn real estate. Oh, two, we have two for real estate. Mr. Grassie: Yes, two people have to be selected, Mr. Mayor. Mr. Plurmer: Mr. Mayor, I think it is our option, if the Camu.ssion so chooses, Rose, do you feel strong about two fran real estate? Mrs. airdon: Yes. • Mr. Plummer. Oh, o.k. I was going to say we can make one from real estate and tWO fran miscellaneous. 40 ist jut, 2 3 1979 You have a category here that covers the entire cocmnmi Mrs. Gordon: Ly• Mr. Plumper: Fine. Mayor Ferre: Armando, you have one more vote. In real estate you have.`.. Mr. Plumrer: You have two, two to name in real estate. a I'd like to switch then, Correal to real estate from miscellaneous Mr. LaCa5 where we had him before. Mrs. Gordon: I did'nt hear you. What did you say? Mayor Ferre: He wants to switch Jose Correa from miscellaneous. to real estate because he is in the real estate business. Mrs. Gordon: What is his real estate office name? the Mr. LaCasa: Rose, I really don't know. He isin real estate in Little Havana area, he is...but I don't know exactly. Mrs. Gordon: He has a real...he practices active real estate, or he carries a license. You must recognize the fact that when you aretalking about a real estate category, you are not talking about a license holder, you are talking about an active participant in the investment market. Mr. LaCasa: What do you mean? Mrs.Gordon: I mean that, you know, that wouldn't hurt us from voting for him in the miscellaneous column if he is doing thatplus whatever. -':I'm not saying he is not qualified but I don't think his major business is real estate." Mr. Plunmer: It is investments.. Mr. LaCasa: It is investing in real estate. Very heavily investing in real estate and contributing to the... Mrs. Gordon: Not, investment in real estate, I think we are talking about the active practitioner when you are talking: about real estate, you are not talking about an investor, are you? Mr. LaCasa: No, think that a good mixture would be in the real estate category, since we have two, I think that a very good mixture could be somebody who is a professional in the real estate business �:nd samebody who is an investor. Mrs. Gordon: Well, you can do anything, I don't care, :it:doesn't matter-tc me. Mayor Ferre: Do you have your other? Mr. ;Plunt r: I put mine; all on the same. to :figure that one ou Mrs. Gordon: Who are the candidatesncxa in the real estate category? you, repeat them? Mayor Ferre: Jose Correa. Mr. Plumper: The candidates, -Sonny, Wright, Ted Pappas,` Casey Cousins, cave we got one in miscellaneous? Mr. LaCasa: They are whoever gets the most Mayor Ferre: No, no, sc nobody; has a slip. Mr. LaCasa; Mayor Ferre: This is O.k. all real estate, so you will have six votes. So and then whoever gets second. I wrote twonames and that is not ny slip. Well' Whose slip is this because it has my name on it. mine 1 Will 979 ist ist. Mrs. Gordon: is a female. For the correction of whoever doesn't know, asey Cousins Mayor Ferre: It 'says wf, w means white and f:means female. .Mrs. Gordon: Yes, but on' the list we got in our packet, not on this"one here', but the previous one, had mw,wm. Mayor Ferre: You have the votes? Mr. Ongie: Mayor Ferre: Mr. Ongie: received 2. Wright received 3 votes... Who did, I'm sorry. Wright. Pappas received 2, Cousins received and Correa Mayor Ferre: And we, now have a, all right now, ladies and gentlemen,. if you would just pay attention for a.=trent I'll tell you where we are at. As of right now, we have four latin, five latin males, three black males, four white males, and two white females. O.K. Mrs. Gordon: How many women all together? Mr. Mayor:' Mr. Plunriier: choose. We have one`mnre, Rose. I'm sorry, we have one more to Mayor Ferre: You have two women, you have four white males, three black males, and five latin males. That is where you are at. And two women, they are both white. White females. And I'll tell you who they are, Jeanne Bellamy and Casey Cousins. O.k. I'll read them out to you, so you.. the black males are, Roosevelt Thomas, Garth Reeves and Sonny Wright. The latin males are, Reinaldo Cruz, Armando Alejandre, Eduardo Calil, Louis Rincon, o.k. The white males are, Charles Kantor, white male, white male, Hamer Marlow,:,I can't find the other one. Mr. Plummer: am, Kantor ." Mayor Ferre: I don't :cc him here. Mt. Plummer: There is a Sam and a Charles. Mayor Ferre: Oh, Sam Kantor, I beg your pardon. That's right, Charles Kantor, Sam Kantor, and Harper Marlow were the three, and the two white females are Jeanne Bellamy and Casey Cousins. Now, we have one last category. And I...as a matter of fact, since it is the last category I'll open it Up for any recommendations. I think that if anybody wants to make any additions, I'm perfectly willing to open it up. Mr. LaCasa: Mr. yayor, I'd like to add Juan Del Cerro to this category Mayor Ferre: Mr. Mayor Ferre: A11 right, any other additions? Mrs. Gordon: Where is the original list we had? there we would like to pick up again. Mayor.Ferre: All right, ;;would the Clerk give us the additional list we had? Does anybody have a;oopy of the additional list? Mr. Grassie: Here it is, 'Mr. ;Ma 1111IIIIIIIII,l!UUI J U L 2 3 1979 Mrs. Gordon: Bead the names off that are in that category. Mayor Ferre: All right, twill read the following names off...sir, all 1; want is, according to what Mrs. Gordon requested, is the names of the general... Mrs. Gordon: Missoellaneous. Mayor Ferre: Where is the missoellaneous, can you tell me that? Academis, banking, economic, industrial, professional, airlines, retail, real estate, utilities, I don't... miscellaneous. All right, Martin Seybold, General Manager of the Hotel Intercontinental, Maurice Alpert, President of OMNI, Graham Lewis, President of Systems, Education and Training. Do you want me to read the other names? Mrs. Gordon: Is there more on there? Mayor Ferre: Nope, that's it. Mrs. Gordon: O.k. let it go Mayor Ferre: Any other additions Mrs. Gordon: Mr. Mayor, Strickland. Mayor Ferre: Who? Mrs. Gordon: _ Betty Strickland.' Mayor Ferre: Betty Strickland Strickland is added. Mrs. Gordon: We are short on woven, we only have bit) and you have more than two. Mayor Ferrer That's right. We don't have one black female, female. O.k. Have you got the total now? Mr. Ongie: Mr. Del Cerro received three votes and Strickland received one. Mayor Ferre: All right, thank you very muchand make it unanimous for all these people? Mr. LaCasa: I so move. Mayor Ferre: Is there a second? Mrs. Gordon: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Comissioner who moved its adoption: NOES:' RESOLUTION W. 79-515 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS !1O THE ADVISORY COUNCIL ON ECONOMIC DEVELOPMENT (Here follows body of resolution, omitted here and cn file in the Of i ice of the City Clerk) . Commissioner Armando LaCasa Commissioner Rose Gordon Mayor Maurice Ferre 43 "J U L 2 3 1979 PUBLIC la.T2-1RITIG: ALTL.TiATIVF.S OF DTIVT.I.OPMIT OF POEIT VIE7:7 22. HIGFAY IT.TPDVE7.711.T DECLAPE OF r:0110, PAI:=.41-4 .Al LANDSCA= Mayor Ferre: All right. Now, ladies and gentlemen, we are on the 2:30 agenda and there are public hearings, and item...the first one is the Point View Highway Improvement discussion of parking arrangements, Mr. Manager. Mr. Grassie: I am going to ask the Public Works Director, Don Cather, to introduce this, Mr. Mayor. Mr. Don Cather: At the public hearing which was attended personally by Commissioner LaCasa, and Cormissioner..Mayor. Ferre, it was decided that there were matters of the parking on either side of Bayshore Drive which needed a further hearing. And, at this tine, we would like to show you the three different alternatives, which we have, which cover the bone of contention between the residents of Point View as to whether they want rking on the east side only, or west side and the east, or nor parking, or parallel parking. Mayor Ferre: All right, ladies and gentlerren, I recognize some of you in the audience as being there at that meting. Will you raise your hand, those of you that are interested in this item? 0.k. Father Gibson: Whew, everbody. Mayor Ferre: O.k. Now, let met reiteriate what we went through that day, and stop re if I say something wrong. We had about an hour, an hour and a half disucssion on different alternatives. We put it up for a show of hands vote on the different alternatives. As I recall, the thing that everybody wapted, I'm sorry, not everybody. What the majority wanted was parking on a parallel basis rather than an angle basis on the bay side rather than on the apartment side, and the apartment side was going to be left in green area. Is that correct? Is that what everybody agreed...I'm sorry, what most of you agreed to do? There were about, in the final vote, there were about four or five people that dissented from that. Is that correct? Are the dissenters here? Would you rasie your hand? Those of you that were against the solutions the majority wanted. Raise your hands, those that were opposed to the majority vote. One, two, three, four. That was about what it was then. It was about five. I think, what we will do is, can...lets see the three presentations and then would one of you, those that are for, would you choose a spokesman? Do you mind if we do it that way? To avoid 20 people speaking. Could you do that? Who would be the spckesran? Would you be the spokesman? O.k. Good, fine. Lets see the presentation. Father Gibson: Go back, because those people can't see. Mayor Ferre: Well, show us first, and then turn it around and shag,: the public. Well, not me, I...shao the rest of the Commission. Mr. Cather: This first proposal shows parking on one side of the street only, parallel parking on the bay side, and 45 degree parking on the bay side. I think the majority of them have pretty much said that they do not want the park...45 degree parking on the bay side. So, if it becomes a question of whether we build a 31 foot street with parking on one side only, or provide a 37 foot street with parking on both sides. And in discussing that matter this morining, I think, what would be the best solution for everyone concerned would be to build a 37 foot wide street, with parking on the bay side only, prohibit parking on the apartment side, or the west side, so that in the event that there was a vehicle illegally parked, there would Still be room for two lanes of traffic to pass and we wold have a wider street here. You would still have greenery on both 44 JUL 2 3 1979 Mayor Ferre: All right, I'll tell you, now, that was not what we agreed upon that evening. And, I tell you, I, for one, this is just a knee jerk reaction, am completely opposed to that because ladies and gentlemen,' you knave what is going to happen if you do that. You are going to have people illegally parking along that street and there is nothing that is going to stop it. Mrs. Gordon: What is the current width? Mr. Cattier: The current width is about Mayor Ferree If ` you go to 30 feet, Mr. Cather: But there are parallel parking on the degree parking off the street. Mayor Ferre: All right, now, I'll tell you now, will you turn around and go back to the micxuphone and show the public what you told us.: 'I'ttat is a complete new switch. Mr. Cather: Can everyone to you... Mayor Ferrel After you explain it can all see it. Mr. Cattier:, The first one is the parallel parking on both sides of the street,with two lanes of moving traffic. The other one is parallel parking on the bay side only, and then the third alternative is the 45 degree parking on the bay side. Mayor Ferre: All right, while we are looking at it why don't we get the proponent. Sir, if you are going to be the spokesman, why don't you step forward and tell us. Mr. Kenneth Berger: My name is Kenneth Berger, Ken Berger, and I represent Point View Association. It consists of 6 residential buildings in operation and filled, I guess, and one just coming out of the ground that will add 13 condominium units, for a total 932 apartments between Southeast 15th Road and Southeast 14th Street. 1 suppose you might figure there is somewhere between 15 hundred and 2,000 people in that 1,300 and same odd feet, crescent of Point View. As I'm sure everybody knows, about 10 to 12 years ago people that owned property on Point View were approached by the City to deed the outlots across the street and...for one dollar per outlot. And the City then promised what they would do is upgrade Bayshore Drive, upgrade the seawall or build a new one, and do various other things which would beautify the area. 12 years we have been waiting. The street has been disintegrating. Everytime we have a heavy rain storm, let alone a storm itself, bringing in water from the bay, we have flooding, we have cars that are drowned out, and the street gets worse and worse and worse, and worse as you coo along...as we go along. As a matter of fact, the sea- wall was built 53 years ago and is about to fall into the bay. What Mayor Ferre was just talking about, the public meeting that was held exactly 2 months ago today, the 23rd of May, was a public meeting for all of the residents on Point View. At that point in time, in order to try and arrive at sane kind of a conclusion as to the type of roadway we would have and the elements involved, the Mayor took a vote, of by hands, and it was more than 3 to 1 in favor of the road, the stretch of greenery, the what- ever shrubbery and trees the public, the Department of Public Works would put in there, but to beautify this area in addition to raising the road and putting in a new seawall. The vote, precisely,was 41 to 13. I recorded it, I have it in my file. This would consist of a 6 foot walkway immediately next to the seawall. Then, an 8 foot strip of greenery, shrubbery, trees, etc. and then a lane for cars to park parallel with two lanes, one North one South in the roadway, and then the existing grassed area and the sidewalk, in front of the various buildings an Point View. We have of course, resigned ourselves to the rainy season endue hope we don't get a sea search that cones through the first floor of the buildings this year. 45 JUL 2 3 1979 ist Mayor Ferre: I hope so too. Mr. Berger: I profoundly hope so because it really can do damage. Mayor Ferre: All right, Mr. Berger, is that... Mr. Berger: Iwould like to cut this. back, I had a few other notes make here. Mayor Ferre: Let me ask for, a show of hands of the people that are... took the time and effort. to come here, how many of you subscribe to what Mr. Berger is saying? As a resident? Would you raise your~hand,-:;those in favor of what Mr. Berger is proposing. In other words, I' think that is what we voted upon last. time. Is that correct? Mr.`Berger: That is correct, absolutely. Mayor Ferre: Allright, in other words, it's one side of parking on the bay side,green area on the other side. .;Is that right? Those of you that are for that, raise you hands so that we see what the will is around here. O.k. Now, can we hear from the opponents? And then I'll let you come back if you want to refute it. All right, we have three opponents. Would the opponents step up and give us your opinion. Those that are against what Mr. Berger has said. Go right ahead, sir. Your name and address for the record. Dr. Abraham Bolt: My name is, Dr. Abraham Bolt, I am a retired physician. I am a director of the Bay Point cooperative, Point View 1430`South Bayshore Drive. 1408 and 1430,South Bayshore DApartments, ive a tpartments were originally put up as a"form of public buildings. We have an FHA insured mortgage at a small percentage. At that time, both buildings were put up and we have no provisions for guest parking on our premises, none at all. Not even for a business truck that comes into the grounds. There are, on the other, side, the people that have just proposed the other section, one of the three 'forms of parking arrangements that should be made. We are basically interested in how many parking spaces have been taken away, and how many we'll be left with so that guests and other people, people that came in for score form of business, shall have an angle opportunity, an ample space to be able to park their vehicle. Thank you. Mayor Ferre All right, sir. Are there any opponents at this time? Yes? Dr. Bolt: The in-between ediface, 1420, does have a whole row of guest parking and parkingin front, on the east side which we don't have any 'at all., which we don't have any. Mayor Ferre: Any other opponents that wish to be heard at this time? All right, sir. Mr. Nicholas Rivero: My name is Nicholas Rivero, from 1408 Southeast Bayshore Drive. Basic question in this deal, sir, is parking. We need parking more than shrubbery and beautification. As it is now, we have close to 100 parking spaces. The way it is proposed, we will have one quarter of that, probably less. And I just wonder, what is going to happen to all the residents of our buildings when they don't have any body to cane to see them, they won't be able to visit, they won't be able to see anybody. It is now, when you have people delivering merchandise, the have to park in the street, see, and sometimes they don't find a place to park. So, it is very important, sir, that the people here, very conscious,you see, of the value of their property, will not ruin it by voting such a program. Thank you. Mayor Ferre: All right, let me, <...Thank.you. Let me answer you this way.How sea mny.�king spaces are we going to have under the single lane on the Mr. Cather: Mayor _ Ferre: 'JUL 2 3 1970 Mayor Ferre: How many would vale have in..if we had it an both sides, it's not double, what is it? Mr. Cather: About 45. Mayor Ferre: All right, so the differenoe, ladies and gentlemen, between one and the other is 30 the way the majority of you want it, 45 if we had it on both sides and if we have angle parking how much would it be? Haw much would it be per angle parking? We need to get that drawing back again. Well, while we are looking for that, let me explain to you the process. One the one side, if we go to the maximm, we could get, I think it was 55 parking spaces. There were sane of you that wanted no parking at all. And what we are going to, hopefully, is to get somewhere in the middle. Where we get some parking and same shrubbery and hopefully, that is the middle ground. Those of you that want no parking are going to be dissatisfied, those of you that wantmaximum parking are going to be dissatisfied, but I think the majority of the oomamity want to go somewhere in the middle. Mr. Plummer: Can I ask a question? Mr. Cattier: Mr. Mayor, yes sir, can I answer a question for the Mayor first?° The angle parking would result in 92 spaces. Mayor Ferre: 92 spaces. Mr. Cattier: The parking... Mayor Ferre: Mr. Cather: Mayor Ferre: And the parallel, parking on one side would Mar. Catl Mayor Ferre: Mrs. Gordon: Don, the angle parking. Don, please tell me the width of Mr. Cather: 56 feet. Mrs. Gordon: 56 feet. Mayor Ferre: All right, now, ... Mr. Cattier: That would be parking entirely up to the... Mayor Ferre: Did you want to be an objector? Yes, you have to oe the microphone for the record, your name, address. Ms. Myers: My name is Zell Myers, I'm at 1420, my question is... Mayor Ferre: Use the microphone, we can't hear you. Ms. Myers: I',m sorry, my question is, everybody talked about parking and`, I'm not quite sure, in the case of a hurricane, is any one of these systems that has been proposed, would it be...give more security than any other system because I think that is kind of an important issue. Mayor Ferre: Well, that is a good question. Let me tell you, Ms. Myers, let me tell you, if a hurricane canes I will give you same free advice, you get your car out of that road as fast as you can and you park it anywhere because if that road, if that car is parked, I have seen that road 5 feet under water, personally. Ms. Myers: Well, I'm not talking about flooding, necessarily, but against pounding waves that could maybe undermine the foundations of the buildings. 47 ist Mayor Fbrre: That is what I'm talking;about. No, no, that would never happen. I have seen the ocean cover that road, I mean, and the waves there, coming Ms. ;Myers: .But, as a flood.` r Ferre: No, no, in a hurricane. Ms. Myers: As waves? Mayor Ferre: 'Yes, as waves rolling in during Mr. Plumper: What you just said, for the record, i here 14 years. Ms.Myers: have not. a hurricane, have never lived Mr. Plummer: Let me tell you, down where Rose lives I had my; boat out on Bayshore Drive. No, don't laugh, it's true. I've seen six, seven and eight feet of water on Bayshore Drive. Mrs. Gordon:`` Mr. Planner: Mayor Ferre: Mr. Plummer: I lost my car in 64, it was the : swinver they tented `. i Yes, but Rose, you pushed your car in the bay. All right, lets do... I have a question. Mayor Ferre: Mr. P1urrr. r. Mr. ' Plume . Because you know... . Gordon: I was in the bay J..L., Bayshore Drive was the bay. Mr. > PlunT r: How to lose old friends, but I want to bring up another point, and I must ask the question first. We are speaking primarily of Point View North and the other two along side. Is that correct? That is who is vitally affected. Mr. Cather: The Point View from 15th Road to 14th Street plus a little short section beyond there. Mr. Plumper: O.k. Nag, of, those buildings, I'm trying to reach a point, and you'll see where I'm caning from in a minute. Do any of those buildings have vacant` parking spaces? ._ Mr. Cather: I would like to refer that question to Mr. Berger and the other condominium representative owners as to how much vacant parking space they have. Mr. Plummer: Here is the point, Mr. Mayor, and it is really immaterial but I think that if it is, in fact, true, you see I have for a long time before this Commission voiced and objection of us requiring apartments and condo's putting in parking, you know we would require them to put in x amount. Then I found one day, that there is a place down an, right off of Bayshore Drive, or off of Brickell, without mentioning the name, that those parking spaces are an option at $18,000 a piece. A person can buy one if they want, or none. And let me tell you what was happening, what was happening is the parking lot was half full and the streets were flooded with automobiles. Now, you know, if you drive as I have, by this Point View area, and are we really accomplishing something or are we ' letting somebody have a parking space and not buying that which is being... or should be provided. You know, its a big difference, because in some effect, what you are doing by allowing parking on that outside perimeter, you in effect, are blocking the view. You know, not totally, but you are somewhat blocking the view. There are a lot of people that go down there 48 s • • Jug 2 3 igny in the evenings who just want to sit by the water, who can't do it because all the parking is taken. The point is, I would like the answer if you can get it for me. Mr. Cather: I would say, that in many cases what you say is true. I happen to live across the street, and I would say at the middle of the night, that at least half of the parking spaces provided by the building are not occupied and the building is entirely occupied. Mr. Plummer: See, that is where you make a big difference. And I have stressed this before, Mr. Grassie, and you might want to brush it by the Planning Department again. Let me tell you how far this other one went. One guy bought two parking spaces and a space for his boat, on a trailer, o.k. And you know, what in effect was doing, was depriving somebody else if they wanted a parking space, but when we brought the bottom line, only half of the spaces were sold because the other people didn't want to pay for the parking space, so they parked out on the street. Mayor Ferre: All right, what is the will of this Commssion? Mr. Plummer or does anybody want to moue any of these things? ,Father Gibson; Mr. Mayor. Mayor Ferre: Do you want to speak to...against? I asked everybody, all the people who were against to speak and I thought we had all the speakers. Are you new here? Did you just walk in? No, no sir, I'm saying about noon. Were you here when I asked for the speakers against? Father Gibson: Yes, he was here. Mayor Ferre: I see, well, I'll tell you how to do that Go ahead. Mr. Kenneth Corkyiam: My name is Kenneth Corkyiam. I have been a long time resident of Miami in this area and more recently a resident of Brickell Bay !Ik err. I am confused by the figures that have been advanced by different people at this time. I have made a personal survey of the area and I find, at present, our usable street width, paved street is only 27 feet wide. We have an'unpaved area of 18 feet wide that is now being used for diagonal parking. On the west side we have a six foot grass area between the curb and the sidewalk. On the bay side we have a six foot sidewalk and a two foot seawall. Now, if we continue with parallel parking after the improvements are made that have been proposed, we would still have 27 feet of uninterrupted driving street. If we go along with parallel parking on the one side that has been proposed, we are taking a portion of that 18 feet unpaved area that is not present and using between six and eight feet for a grass area , beautification program which I have no objection too, and then we are going to allow a 7 foot area for parallel parking. And I'm sure all of you City officials know, from past experience, parallel parking is more of a hazard to driving by than angle parking. I would be against parallel parking definitely on both sides of the street and I would question, very seriously, the parallel parking on one side of the street. Because if you're parallel parking program goes through as proposed on both sides of the street you will actually have a narrower street to drive on. You will only have 24 feet instead of 27 feet based upon the figures that have been advanced. Now in addition to the program as outlined, I know a lot of the residents of this area would like to see the bay -front beautified, may I suggest that if we do one beautification, lets build a bulkhead further out in the bay and let us then beautify it. But I don't see why we tax payers and people who are going to be assessed by this improvement should be asked to minimize our driving area then pay for beautifying an area. You've got a six foot sidewalk there, if you want to beautify it, why don't you put in same large planning bins and give us that extra 8 feet of driving area in the street. Mayor Ferre: All right, thank you sir. Mr. Corkyiamn: Thank you very much. ist ,Ni 9a 1971 Mayor Ferre: All right now, I think we have hear from all sides nag,' is the will of this'Commission. Father Gibson: Mr. Mayor. ayor Ferre: Father Gibson. Father Gibson: I would hope that since they had a public meeting and the majority of the people came toan ;agreement by a show of hands, or vote, that we would carry out the mandates of the people.' Mayor Ferre: All right, Father Gibson moves that the reconmendation as brought forward, which is. specifically a 31 foot road and parking on the bay side, parallel only, the rest is green area. And of course, a pathway, a sidewalk. Is that correct. Is that it? All right, is there a second to that motion? Mr. LaCasaa i�ir. Knox, I awn a condominium apartment building' on South Bayshore Drive, Precisely on that particular street which we are discussing. Am I allowed to vote or do I have to abstain? Mr. Knox: Well, the decision to abstain is made by the individual Commissioner generallybased on an answer to the question of whether or not your interest is so profound that to vote, you would not be able to exercise your independent judgment' in casting a vote. Mr. Plummer: That means you abstain' Mayor Ferre: All right, there there a second to Father Gibson's motion?. Mrs. Gordon: ur motion repeated please. Someone was talking to ne Father. Father Gibson: °My motion is, since they had a public meeting and the rnajority of the people, by a vote indicated what they wanted, that we give them what they have asked for. Mrs. Gordon: I'll second your motion. Mayor Ferre: All right, further discussion. e following motion` was - 'The Introduced by Cannissioner moved its adoption. MOTION 79-516 A MOTION 'ID ACCEPT A PROPOSAL FOR THE POINT VIEW HIGHMY IMPROVEMENT SPECIFICALLY ESTABLISHING THE 31' ROAD WIDTH, PARALELL PARKING ON THE BAYSIDE ONLY AND ESTABLISHMENT OF GREEN AREA ON THE APART- MENT SIDE OF THE STREET ADJACENT TO THE SIDEWALK Upon being seconded by Commissioner Gordon, the notion was passed and adopted by the following vote: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon **Vice -Mayor J. L. Plumper, Jr. Mayor Maurice Ferre ABSTAINING Cacnnissioner Armando LaCasa COMMENTS ON THE ABOVE ROLL CALL tt. Plumrier: Let meask this question because I missed... when you say Father, a vote ofthe people, is that just of the condominium varlets "or is that all of the surrounding neighborhood? 50 •DUI 21 W. Father Gibson: My understanding was it was a public meeting and all of the people interested were there. Those. Mr. Plainer: Was it a public meeting called by the `City :of Miami or> directly interested? Father Gibson: Well now I hear that? Mr. LaCasa: Yes,' but not at the same time. Mayor Ferre: Separately. Father Gibson: All right, I understand. Mr. Plummer: But was it a meeting called by our people our was it a meeting called by the condominium owners. There is a difference. Who called the meeting? Mr. Don Cattier: I would say the meeting was called by the oondominim owners. We had previously had a public hearing and they wanted further amplification of the changes as a result of the first public hearing, so we... **Mr. Plummer: Then I have no problem, I vote yes. • *Mayor Ferre: Let me in voting, explain that this was a meeting called by all the condominiums in the area. It was not a City called meeting. The administration was present, and LaCasa was there, and I showed up. And I got the sense of the meeting, and therefore, I insisted that this matter be brought back before the Commission for an official public hearing, which this is, because I told them then that we didn't have the authority to conclude anything at that point, until the Commission heard the whole presentation. This is what we have done, so I vote yes. Mr. Plummer: But there was a public hearing on this matter previous to this which means everyone in the neighborhood was notified and the people have spoken. Mayor Ferre: Yes, yes. Thank you very much, ladies and gentlemen. Al]. right, we are now...the flatter is concluded, thank you very much. We voted 4-0 in favor of what the majority of you wanted to do,so it is now concluded. I've repeated it•twice, I'll do it one more time, now listen carefully. A 31 foot road, parking on the bay side, green area on the apartment side with a sidewalk. Now that is what the majority...is that right Mr. Berger?; Mr. Berger: Is this passed by the Commission? Mrs. Gordoai: Yes, it was. Mayor Ferre: That's what you want right? O.k. Thank you. Mrs. Gordon: You should have repeated what we passed, they didn't know. Mayor Ferre: O.k. Now we are on item number 4 which is a resolution... All right, all right, we are now on item 4 confirming, ordering resolution and authorizing the Clerk to advertise for sealed bids for the Englewood Sanitary Sewer Improvements. Is there anybody here who objects to that? You are an objector? Please step forward, identify yourself, you mane, your address and give us your objection. All right, sir, we have to rave along. 3 has been withdrawn. Item number 3 has been withdrawn. This is regarding the possible loan, urban and development action grant, UDAG for Shell City. That item has been withdrawn. Mrs. Gordon: Why was it withdrawn. Mayor Ferre: Why was it withdrawn, Mr. Manager. ist 51 ._tlL231979 Mr. Grassie: Because the parties in the neighborhood do not have a developer, Mr. Mayor. Mrs. Gordon: They do not have a developer? Mr. Grassie: NO. Mayor Ferre: Did they ask it see. Are there any questions of item 3 on Shell City? We are now on item 4. Yes, sir. 23. AUTHORIZE CITY CLERK TO ADVEMISE FOR SEAM) BIDS: ENMEPOOD SANITARY. SFTIER rapRovorrr SR-5461-C Centerline Sewer Mr. Kirk DeVour: My name is Kirk DeVour, I live at 3670 S.W. 15th Street. I have been there for 25 years. Nave the first thing I want to know, if anybody can answer me, is at what depth in the street, below street level this sewer would be installed? Mayor Ferre: Vince, can anybody answer that? The question is what depth Mr. Grim: Mr. Mayor, Mr. Cather is here, but there is no answer to that quesEion. The sewer is built and varying depth, the rnininum of which would Mayor Ferre: All right, at varying depths the minimum of which would be 4 feet. Mr. DeVour: Well, let me tell you this. I was in the architectural business retired TM, for about 35 years. I know what the sewers do. I knave how they are laid, 1 knc:m you have got to have slope. But it may not be realized irrespective of your depth and all your slopes, you may have septic tanks in backyardS which are so law that water will not run uphill. At least I don't know of any way that it would ever run uphill. That's the first thing. Mr. Grimm: Mr. Mayor, the only answer I can give the Corrrnission on that question is that 'the Public Works Department has been building sewers for 50 years and they all work. Mayor Ferre: All right, further questions? Mr. DeVour: All right, assuming that this is approved, which I hope not, because I am violently opposed of it, and I'll tell you why in a minute. If the sewer is put in, does the law say that you have to connect to it? Mr. Plurrmer: He just asked you a question. Once a sewer is put in, do you' have to connect to it? Mr. Grimm: The answer to that question is both yes and no. The City ordinance requires that the individuals connect to the sewer system but we do not enforce that requirement until such time as a defect happens in their septic tanks. If then, sarebody comes in for a permit to fix his septic tank, we will not grant it to him and he then must connect. Mr. DeVour: O.k. Now we speak of the cost of this which is approximately, on a 50 foot lot, $1,0025. We are given a option of paying this in yearly • installment, plus 5% simple interest in unpaid balance. Nye I don't know how the City figured their interest. You got a rougi. idea of what the total interest would be over a period of ten years? Ifr. Grimm: Well, it's 5% ccrpounded annually on the basis of a $1,000, you would have $50 the first year, you would have $45 the second year. If you took $35 as an average and multiplied it by 10 you would have in the neighborhood of $350 interest. 52 IT I 0, 1070 i st Mr. Planner: Mich is really less than half of what the going rate of interest on money is today, it's 11 h. Mr. DeVour: All right, now we go further in this letter and we state that there will be a charge, and I'll condense this, disposal of waste water, 99% of billing for water consumption. Now.. Mr. Plumper: Whatever dollar you pay for water, you pay a like dollar for sewage, sir. Mr. DeVour: That is quite understandable but suppose I'm not connected` that sewer? Mr. Grimm: That charge is levied whether you are connected to the sewer or not. You may, however, exclude any water that you use for irrigation. Mr. DeVour: Mr. Grim: Mr. DeVour: Mr.. Plummer: Hol do you separate on the mirror...on the meter? You have to have a separate meter. That's a pretty good idea. But not until you find out the cost of thesecond meter. Mr. DeVour That's a pretty good idea Mr. DeVour: no joke. I know what the cost of the second meter is and it is ridiculous. Mr. Plummer: It's cheaper to pay it the other way. Mr. DeVour: Well I wish to go record, I don't see any of my neighbors and I know a lot of the owners in this area are out of town owners, probably unable to get here. I wish to go on record that I am very much against this and I said I would tell you why. What we need on 15th Street and 36 Avenue and 16th Street are storm sewers much more than we need sanitary sewers. Mayor Ferre: Are you finished? Mr. DeVour: I didn't finish the storm sewer. Everytime we get a good rain. I don't mean a real storm, I mean just a good rain, I get up to one foot of water in front of my house. There is a french drain in my driveway and in the driveway across the street. But they will not handle it because the City does not keep these cleaned out. Even if they kept them cleaned out, the capacity of the pipe is such that there is no way in the world it will take all that water. As I said, and I reiterate, we need storm sewers much more than we need sanitary sewers. And I hope that the ladies and gentlemen of the Commission will take that into consideration when you make your decision, if you make it today. Mayor Ferre: All right, sir. Mr. Ralph Alarcorn: My name is Ralph Alarcorn and I own 2 apartment houses in that location. Now, what the gentlemen express about the floodings when it rains hard, I have the same experience. You can hardly get into the apartments from the outside. So, I don't want to repeat what he said because that is exactly my experience, our experience and the neighbors there, you know. So, all I want to question regarding about the project, the estimate of $1,025 is to be pro -rated in 10 years, that includes... does that include the removal of the septic tanks in the place also, the leading pipe into the house fram the ..from the main line? Mr. Grimm: Mr. Mayor, and members if the Commission, it does not include the removal of the septic tank nor does it include the connection from the property line to the septic line. That's the private owners responsibility. We bring the mainline sewer down the street in a lateral to the back of the sidewalk. Mr. Alarcorn: Well, I believe it is a good project badly needed but especially the correction or some siQt as to the flooding that is J U L 2 3 1979 passed: and adopted by the following vote: AYES: NOES: None ABSENT:. really a big, big problem in that neighborhood and located between 8th Street and 9th Street, you know on 36th Court and it just...the pictures have been taken, complaints have been made with no available...Mt call the City, pleading, begging that they came and see what they can do. Recently, years ago, about 2 year ago, one year ago, they made this new sewer, drainage, rather it is a drainage, but it has not helped in any way the condition of flooding in that neighborhood. Something must be done and done promptly because all the tenants in my two apartment houses, they are going to... I don't know what they are going to do with me. But that is the poing, it is a good project but according to what the gentleman says now it is going to be an expensive proposition for the tenants which we gladly accept, provided that they give us a good estimate on the removal of the septic tank and the line, between the connection to the house. Mr. Grimm: Mr. Mayor and members of the Commission, if this gentleman will leave his address, we will do what we can to provide additional storm drains. Mayor Ferre: A11 right, sir. Mr. Alarcorn:The address Thank you very much. do you want my address now? Mayor Ferre: Yes, would you give it to Mr. Grimm, right over there? Further...are there further public statements?. If not,;: what is the will of this Cannission? Father Gibson: Mt. Mayor, I move the item. Mayor Ferre: Father Gibson moves item 4, is there a second?' Mr. Plummrer Second." Mayor Ferrer. Second by Plummer. Further discussion? Call the roll on. item 4. The follaaing resolution was introduced by C,a nissioner Gibson, who moved its adoption: RESOLUTION NO. 79-517 A RESOLUTION CONFIRMING ORDERING RESOWPION NO.79-452 AND AUTHORIZING THE CITY CLERK PO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF ENGLEWOOD SANITARY SEWER IMPROVEMENT SR-5461-C (centerline sewer) IN ENGLPW OD SANITARY SEWER IMPROVEMENT DISTRICT SR-5461-C (centerline sewer) (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 Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Camtissioner Armando LaCasa Mayor Maurice Ferre Commissioner Rose. Gordon ist JUL 2 3 1979 CCKPIRM ORDERING LUTION : ETI� 130D SAt1ITP2V n P VFy 1T 24 SR-5461-S (Sideline Sewer) Mayor Ferre: We are now on item number 5 confirming ordering resolution authorizing City Clerk to advertise for sealed bids for Englewood Sanitary Sewer improvements, SR-5461-S (sideline sewer). Are there any members of the public wish to be heard on that item? If not, who would like to move it. Father Gibson: Move. Mr. Plummer: Second. Mayor.Ferre: Pltmrrer seconds. Further discussion, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 79-518 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.79-451 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF ENGLEWOOD SANITARY SEWER IMP - • DIP SR-5461-S (sideline sewer) IN EN LEWOOD SANITARY SEWER IMPROVEMENT DISTRICT SR-5461-S (side]:- sewer) (Here follows body of resolution, omitted here and file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer and adopted by the following vote: Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre NOES: ` None ABSENT: Commissioner Rose Gordon PE4SOIIAL APPFAPAIICG: MR. JAC!: ARIAS 25. D'1 Tgff CUI!'. AMA 47) • �It1G BunD]IGS Mayor Ferre: We are now on the 3 O'clock agenda and the first two speakers are Mr. Allen Porter and Mr. Harvey Green of the Portside Cafe. Are they here? Mr. Grassie: They were in this morning, Mr. Mayor, and members of the City Commission, and asked that they be postponed until September. 55 ist rim. 2 3 19T9 yor Ferre: All right, this item is postponed until September. I number 7 is Mr. Jack Arias, Buildings in; the Culmer area. Mr. Arias. A11 right, sir, go ahead. Mr. Jack Arias: Yes,thank you. I'm Jack Arias, I live at 5401 Collins Avenue, Miami Beach. 1 am here to ask for the City of Miami Commissioners cooperation in a pi sal that I have discussed with your Community Development people in regard to a 27 unit apartment building that I own in Culmer. The Community Development Agency is about to advertise for property owners, like myself, to submit proposals to utilize a $200,000 development grant. The Community Development Block Grant, it is called. It was appropriated to the City of Miami by HUD. Mayor Ferre: Mr. Arias, let me interrupt you, with my appologies. If we are going to do that, then I think you have to kind of get in line with everybody else, and take your chances that your project would be approved. I think it would be inappropriate for this Commission to make, you know,; an, exception. Tb'give you special preference. Mr. Arias: Well, I intend —Mayor, I intend to get in line with everybody: else. The reason I am here now, is that I would like the Commission to review what the project is, and see if it has any merit. And if it has the merit that I feel it has,`I would like some... Mayor Ferre: Mr. Fosmoen, Mr. Fosmoen. Is he here? Mr. Grassie: I'm going to ask Dena Spillman to respond Mt Mayor? Ms. Spillman:: I...Did you ask a specific question, or do you want me to respond generally? Mayor Ferre: Well, heis saying that he realizes that we are going to have $200,000 available, and he: wants $81,000 of that for 22 apartments that he owns in Culmer and he wants us to give preference on it. Me. Spillman: All right, I think you just stated the way we should go about this. We are not about to advertise. We won't be advertising for at least 3 months and we wily not be advertising until we run the program through the Culmer Ad -Hoc Planning Committee, which is a group of neighbor- hood residents and owners, that is meeting on a regular basis. So, we can not go out, and nor would I recommend approval of this, until it was taken before that committee. Mayor Ferre: Well, I would imagine it would be against the law for us to do it without going through same kind of a public process where everybody would have an equal chance. Ms. Spillman: I know, I don't think we'd want to proceed that way. Mr. Arias has presented us with the proposal and we have worked with him on it. We have requested additional information and we have told him all along that it would be open to the general public for competition. Mr. Arias: Mayor, I am not asking for any special preference or approval at this time. I intend to submit, along with everyone else, when it is advertised. What I am asking is for your Commission to review what I propose. Tb add some suggestions, perhaps that you may have individually, to my pkeposal to make it more palatable. I feel that the reason I'm here now, and that I'm maybe here a little prematurely, is I've been working 8 months on 2 buildings I purchased in Claimer and I've been trying... Mrs. Gordon: What is the address of your property? Mr. Arias: 1360 N.W. 1 Court. And for the past 8 months I've attended a lot of meetings and I've talked to a lot of HUD officials, and so on, and there is just very, very little that is getting done. And I'm looking to see if we can get something moving a little quicker, and present it a little more properly and to get your blessing, so to speak. I don't know who I am talking too right now, but anyhow, what I would like to do is, I'm available to discuss my proposal to the individual members of the. City Commission to show why I think it has a lot of merit, and to get your ist 56 an231979 individual support, so that when it is advertised, little more quickly, and try to do something. Mrs. Gordon: I'll tell you, my personal feeling, I'm totally in favor of private. enterprise moving in the direction of rehabilitation of this area, and the sooner the better. Mr. Arias: Thank you. Mayor Ferre: All right, thank you very much, Mr. Arias.And I think thing to do is, Dena, would you make an appointment with him and at the appropriate time and bring that back to the City Ccmnission. Mr. Arias: Thank you. Mayor Ferre: Thank you, sir. PERSONAL APPEARANCE: MR. JOI O BARA'i PE PDIUMTING ASSISTANCE 26. OF TIM CITY FOR GREATER 9IA Lr-R- NATICNAL FIZZ' FESTIVAL Mayor Ferre: All right, we are now on item number 8, which is Mr. John Baratte, of the Greater Miami International Film Festival. Mr. Baratte, you are recognized. Mr. John Baratte: Good afternoon, John Baratte, Executive Vice President, Greater Miami International Film Festival. It is pleased to announce that it has new offices now at 975 Arthur Godfrey Road. Miami is one of the most important cities in the second half of the 20th century. It is successful because it has been progressive. We may not all agree as to same of the means, by which we have gotten there, but we cannot argue with the former statement. The film festival was successful and will be great for some of the same reasons that Miami is. I think that's emphasized on only one I might say, is because it's an international hub. I have lived here for over 10 years now, and I've realized watching Miami grow, that we have changed into, truly an international center. Latin America is coming to this part of the world, and using Miami as a hub to the rest of the United States. Europe is using Miami as well. Using it to get to the United States and also to Latin America. This important point in the international hub is one of the very major points to be made about why the Greater Miami International Film Festival will be truly even greater in the future in this area. It is because this industry needs such a location to spread itself out throughout the United States, Europe, and to Latin America. There were a great many people in the private sector who believe this, 4, 5 years ago, they put their time and they put their money behind it. Blanca Rosensteil, our President, Steven Quaid, our Chairman, and numerous other members of our executive committee of the film festival. Some of them here with us today, Bill Burdett, Sheldon Pauley, and we have had such people as Donald Kahn, Harry Nathanson to support us. Certainly, the City of Miami must have agreed with this private sector because of its very important support this last year. Well, we have passed over a rather rocky road this first year, and I would like to say as Executive Vice President, that we have repaved that road. We sent you, on July 17th a request that we had made to the Arts of Science Council for the hotel tax grant request. And in that, we outlined the Greater Mimi International Film Festival's approach to this coming year. I would like to say that the industry said we were greatly successful. But the industry said we needed same changes, and we listened with very open ears. And we have made those changes and we have indicated them in this application that we mailed to you on July 17th. Public education with the films is probably the greatest area of change to take place this year. We have also outlined it in the same request. 57 s t 1979 esv Now,, we'll say the , -just to summarize this, that the greatest change is that we are going into a 12 month program of education with the film in the Miami area. This year, because of the suggestions of numerous people in our community, from our Chambers of Commerce from Miami Beach and a great many others, we are producing tourist programs and packages. On top of that, we are increasing our publications output, and we are very fortunate to have with us this year as our Director of Publication, Tarry Litt, who I'm sure you all know. One of the great things for the future, and we are very excited about, is the new convention in downtown Miami. We will be one of the annual users of this convention center. We know that with convention centers that activities came and go, but the Greater. Miami international Film Festival will be a guaranteed user of such a facility every single year. This gives us a very important edge over other film festivals, Cannes Film Festival can't even bragg about it, because we will be able to conduct our entire festival in one institution, and we'll be one of the few festivals that can do such. I said, Cannes Film Festival cannot even boast such a point. We still have the very heavy support of our private sector. Our executive committee with Blanca Rosensteil as our president, Steven Quaid and others along with Bill Burdett and myself as members of the Executive Committee. But I would like to mention one very important point, it is the staff of the `film festival. ' They have been working full time, and I want to emphasize full time, without remuneration, They are going to continue to work full time without remuneration until we can solve that problem because they believe inthe film festival SD completely. Judy Williamson, our Director of Adndnistration, and Alexander Esser, who is our Assistant Manager. Besides staff support and the support of our independent sector of Greater Miami area, we have got a great deal of public support this year and a lot of new public support. And in conclusion, I'd like to read you one paragraph that was written by Roy F. Kenzie, Executive Director, of the Downtown Development Authority, to me. It is with a number other letters of endorsement that's in that grant application. It reads, "following our meeting on Monday, May 21st, 1979, with the new administration of the 2nd'Annual Film Festival of Greater Miami, we can only wish you a great second start on a significant event that, if successful, and that burden rests on us all, will help create a rrore cosmopolitan Miami for residents and tourists alike." In conclusion, we need your continued support. As a matter of fact, it is absolutely essential. With rre today are Blanca Rosensteil, our President, Bill Burdett member_ of the executive 'committee, like myself and our financial director Judy Williamson, our administrative director and others, and possible Mr. Mayor, Cmissioners, you might want to direct specific questions to myself and to them. Mayor Ferrer Thank you very much, John. I've got 5 questions that I want to ask you. And first of all, let me begin by thanking you for your presentation and again, reiterating my support, for your project and film festival. And I think it's a wonderful idea that can be of great benefit to the community. Now, let me ask you the specific questions. And let re rattle them off and then I'11 uctie back one by one. The first question have for you, is in view of the fact that you have made a request from the>Tourist Development...Tourist Authority of the County, how does that impact the need for money? The second question that I have for you, has to do with the; previous commitments that you had, you the film festival, to the City, on the $25,000 that we gave you last year. One was that we would have an audited report, is the audited report in and is that...do we have all that covered. Did we meet all the things that were required? The next', question that;I have, is what is the budget...I saw the copy of it, but`]: just want to put it on the record. What is the budget this caning year and how do you expect to meet that,and are there any shortfall areas you might want to touch base on. And lastly, I think is one...is a question of social impact. I don't see that you have any latins or any black on your board and I'd like to know why? Iut 2 3 19" Mr. Baratte: Well first of all, Mr. Mayor, I'd like to ask Mr. Burdett, who is with me on the overseeing the administration of the film festival, who has been here the last few weeks, since I have not been in town, and who helped prepare all of our reports, to cane forward and help me answer your questions 1 through 5. Mayor Ferre: Actually, it was 4. Mr. Baratte: 4, you said you would repeat then for us. I wrote down a couple of them. One was with the County... Mayor Ferre: Yes, one is haw much money are you getting from the Tourist Authority and fran other governmental agencies. How far are you along in commitment for that money? And two, with regards to your audited statement, there was a deficit, how are you covering that? And three, I want you to touch upon the budget, and four, I want to know why you don't have any blacks and why you don't have any latins on your board. Mr. William Bure tt: My name is William Burdett, Financial Director of the Film Festival. Starting out with the issue of the financial support that we have requested from the tourist development money that is available fran the County this year, we had put in a request for $100,000 which, to this date, has been recommended for funding in the amount of $25,000. Mayor Ferre: 25? Mr. Burdett: 25. Basically, they arose at that amount because they hoped that additional financing for our publicity budget, of approximately $70,000 would cane from the TDC. So, there is still a possibility that we would be looking for in the neighborhood of $90,000 to $100,000 from the county funds. • Mayor Ferre: From the TDC. Mt. Burdett: Right. Now, with respect to our operation and how that funding might be different, in other words, we did not get any funds last year fran the County. Mayor Ferre: No, no, my question was with regards to the audit that was being made and the deficit. There was a deficit of over $100,000, as I_ recall. Mr. Burdett: Right, but what I'm trying to get at first money from the County impact on our budget. Mayor Ferre: Oh yes. Mr. Burdett: O.k. so, from that point of view, it sort of is tied in to our last years operation at the same time. In other words, last year we did not receive the public funding that we had anticipated and so we really... Mayor Ferre: And you got same Authority on the Beach... Mr. Burdett: Right. Father Gibson: And the state. Mayor Ferre. And the state gave you same noney zero. Mr. Burdett: Right. And so, we would be looking for increased support from the County this year, but in essence, what that would be doing is filling a gap that existed last year. It would be filling the gap that existed 59 JUL 2 3 1979 last year, because we ran up a deficit of $195,000 last year. Mayor Ferre: Host is that deficit being covered presently? Mr. Burdett: Presently there are loans that are outstanding inthe'anount of approximately $140,00Ow.. _... Mayor Ferre: So you still have a $35,000 shortage. Mr. Burdett: There...yes, approximately 35 and basically that isbeing arranged for...through'creditors actually allaying us to wait until January of next year to liquidate those amounts. Mayor Ferre: Go ahead. Mr. Burdett: In terms of the budget, the total budget this year is estimated' at approximately $350,000 for actual operating expenses. An. additional.25 was added for the debt service that we expect. It, is going to arise on.,the :"$140,000 that we have outstanding. Now.... Mayor Ferre: Repeat.' that again, the...about the $140,000outstanding.. Mr. Burdett: The $140,000 outstanding debt service. In other words, just carrying cost, interest alone, would be approximately $25,000 over the entire period that would be outstanding. Mayor Ferre: Does that $350,000 include that? Mr. Burdett: No, it does not include that. That would be additional. $350,000 is our basic budget and that is approximately $145,000 less than was spent on last years event and, in essence, that is the way that we are planning to operate the film festival, on a smaller budget. For 2 reasons, first of all, obviously, we don't want to reach into our pockets again and deficit finance the festival's operation again this year. And second, it was the unanimous opinion of the industry advisory groups, and many of the canmmnity groups that we discussed with, in terms of an analysis of last years operation, that the film festival should be smaller, because many people were confused by the multiplicity of different events, by the nunber of different feature films and shorts and doctanentaries and everything that existed. No one could possibly have actually, physically, sat dcwn and seen each and everyone of them. And the..even the film industry people felt that was really to our detriment. And so, we are looking for a much more manageable festival this year which is consistent with what people would expect fran a successful film festival. Mayor Ferre: I just remembered my5th question. Where will the filming be... will it be shown in Gasman Hall and where else will it be shown. Mr. Burdett: Right ncw, there are 3 places that have been chosen for showing films. The opening night would be at Dade County Auditorium, Gusman Hall would be used during the entire period ofthe film festival. And the Konover Hotel, the theater that exists there would be available for, basically if the industry groups and the public, and to the extent that we may be getting the assistance from the Fine Arts Council for what we call our Outreach Program. There would be additional $30,000 for renting area theaters like DadeLand, places in Hialeah, North Miami, etc. so that a lot of people in those areas would be able to see the films as well. Now on the last question that you had asked with respect to latins and black, there was a very, very strong interest in getting minority groups involved in the film festival last year, and unfortunately it never really happened. This year. Mayor Ferre: Well first of all, let me —because I just read the list and it's hard to tell by names,,you knew, in the case of the black, you can't tell by names: so I...are there any black members on the board? 60 JUL 23 19711 Mr. Burdett: Mr. Serrall:is. On the Advisory Board there are, Mr. Reboso was on_i Mr. Burdett: Right,`on the Board of Directors.. Mayor Ferre: There are 2 latin members. .How many members of the are there?� Mr. Burdett: There are a total of 34 or 35 n�nbers. Mayor Ferre: 34 or 35 and you have 2 latins and no blacks. Mr. Burdett: Right. Mr. Baratte: I might say Maurice, that the board was structured in this last year in a slightly different manner than it may be in the caning year. We had two boards. We had a board for which there was the requirement of putting up $1,000 per member to be on the one board. The Advisory Board, which is our working board, the Industry Advisory Board is made up of a great many of the people within the community who have to do with thE, film industry. And on that board, I know that there is a number of latins, but I don't know that there is any blacks on that board. The Advisory Board, there is no blacks on the Advisory Board but on the Advisory Board there is a great many latins in association with us who help us manage the film festival: Mr. Burdett: This year in terms of the latin participation, there is one member of our cammunity Jose Konski, who owns Cinema Tech I in Coral Gables, who has 'volunteered to take on the responsibility for spearheading... Mayor Ferre': Who is that? Mr. Burdett:. is a new art Mayor Ferre: Burdett`: Mr. Mayor Ferre: Joe Konski. He owns the Cinema Tech I in Coral Gables. It; theater just off of Laguna, on Laguna. That's not the name of the guy. Iknow that own Cinema; Tech.. Who? Cinema Tech? Mr. Burdett: NO, Cinema Tech I, not Cinema Tech, there is a difference. And he is working together with Emilio Calleja who is the executive director of the Downtown Miami Business Association to begin to develop contacts and everything in the Latin American countries themselves for bringing Latin American participation. Additional participation in the flim festival. this year. Mayor Ferre: Is Natalio Chediack involved at all? Mr. Burdett: Well, we have had several disucssions with Mr. Chediack and he has been offered basically, one of the things that we are trying to do this year in order to focus on a particular cultural type of program, is a special program to try and emphasize the educational aspects of looking at different directors, and their design, their styles, etc. 'And we have talked to Mr. Chediack about being that special program director. At this point, I think that he has been...I think that he has decided not to opt for that. And we have been disucssing it with Steve Harvey who is the director of films at the Museum of Modern Art in New York City... Mayor Ferre: John, I'm going to see if any of the other members of the Commission have questions. Those are all the questions I had. I want to point out to you, that we have a very, very tight and difficult budget caning up. I don't think we can get any conclusions today. Obviously, we've got to go through the whole budgetary process before we know what monies are available. But I just want to tell you that we have a tough budget caning up. Anybody want to ask any further questions? 61 J U L 2 3 1979 Mr. Fannato: I'd like to ask...I'd like to.sa this, Mr. Mayor, if you don't mi.nd.; a little sanething on Mr. Fannato: Oh I'm glad you do, but I don't think you do sometimes. Ernie Fannato is my name,; and I'm President of Tax Payers League, Miami and Dade County. Gentlemen, I regard this here as a very important project, and I'm for it. But Mayor, you know, there is one thing I don't understand about you as Mayor. Naw before I bring this subject up, I want my track record to be known. Our organization helped. colored, 3 or 4, we helped the first Jewish mayor, we've helped other gentile, we've helped Jewish, we've helped Greeks, but everytisre something canes up, what do you say? Is there any colored or is there any latin on. I'm not against latin or colored, we are all people of God. But let me tell you satething, this is the money ' of all the people in the City of Miami. Mayor Ferre: Right. Mr. Fannato: And don't care out, it sounds like you make it legal if just two latin and colored are on the board. Well I resent it. You don't have..I'm not saying what they have. I. don't know what they have. But I want to tell you, all the people in the City. of Miami's money, tax irony and everybody should be represented. And don't cane up here and just say to,you have any colored or do you have any Cubans. Just say is everybody represented. Mayor Ferre: Right. I agree with that Mr. Fannato: Inaudible. Ernie. I don't have an Mayor Ferre: Well that's important too. O.k. Anybody else? Mr. Plummer: Well Mr. Mayor, just a matterof understanding now. When we go. into this thing and you go forth and you tell the public that this is ''co -sponsored or in joint sponsorship with : the City of Miami, that puts sane credence in yourself. You know, that people think that fine... If I understand dorrectly, what you are really saying, the total budget, the'bottan dollar, is $490,000. Mr.' Burdett: spent last year. This year... Mr. _Plummer:.It's my understanding you have a drag of $140,000. You are only addressing $25 in interest. You add the 140 to the 350, 490. Mr. Burdett: ',No, it is our expectation`, that it will take between 3 and 5 years to actually liquidate that entire debt. In other words, we do not anticipate actually being able to liquidate that this year, or probably even ne›;tyear.' Mr.;Plummer: But in other words, if you were to bail out, you need 490 to bail out? Mr. Burdett: Well let ne just say one thing that is in this right here andthat is that no public money is going to be spent on either the payment:` of interest or principle on that debt. In other words.. to the extent that there is a quote "bail out" requirement. It would only cane fran private money.' Mr. Plummer:` Let me use another terminology, for you to show a dollar, one dollar profit, you msut make $490,000 this year to put you in the operating . black. Just wanted to make sure I understood. Mr. Baratte: Do you want to emphasize that no public ironies are being used. It is extremely clear to everyone that we've worked with. It is the private sector where we are going to take care of the debt that we presently have. Mayor Ferre: John, I wish you the very, very best. I really do. And if you do fail, we are going to send you over to Tehran, Iran to deal 62 with Ayatollah Khomeini. Mr. Burdett: That sounds like Mr. Mayor. the beginning of an endorsement for us, Mayor Ferre: He'11 deal with you properly if you don't do a good re. Thank you very mach Father Gibson: I, just want to remember the docment the Mayor made and I. don't agree with Ernie. I'm,the only identifiable sa►ebody up here, you get the message. Mr. Burdett: We got it. Mr. Fannato: Ididn't hear what you said. Well then whatdid you say? Mayor`:Ferre: He says thank you very much for being here, Ernie. Mr. Fannato: No, but he says he didn't agree with me when •I say all the money belongs to ail the people in the City of Miami, I think all... everybody should be represented. Father Gibson: Ernie, I was endorsing what you said. Mr. Fannato: Well, thank you. Mayor Ferre: A11 right, thank you Ernie. Mr. Fannato: And I want you to know that we have helped colored people,' Cubans, Greek, and we've helped them all.. Irish and gentile and Jewish. The first mayor in the Jewish.... Mayor Ferre: Polish. And don't forget the Polish, please, Don't forget the Mr. Fannato: In the City of Miami was Herb Aronovitz. But you always cane up Mayor, and say have you got any colored and jewish...the hell with the rest. Mr. Planner: I didn't even know Father Gibson was Italian Mayor Ferre: Well, I'll include the Polish the next time. All right now, we have Carol Wilder of the Wynwood Elderly Center. Is Ms. Caroline Wilder here? Is Carol Wilder here? Father Gibson: Mr. Mayor, even if you have that letter...that problem has been solved. 27. PERSONAL APPEARANCE: MS. PAT SIaJBISH REGARDING "IIJ'I'E. NATIONAL YEAR CF TEM CHILD CEIRATICt1 Mayor Ferre: Pat Skubish, International Year of the Child, Pat. Ms. Pat Skubish: Hi, Mr. Mayor, and members of the Cannissicn W. Grassie, how are you? �u� 23 t111 Mt. Plummer: Mayor Ferre: Mrs. Gordon: cute . Mayor Fevre: I remember you. Ms.' Skubish: Mayor Ferret Mrs. Gordon: Your still the Mayor, right. Very funny. You're real cute, Pat.` Don't be so sensitive, Maurice. Skubish: Ah, such a dumb... There are those who are;questionning for haw long. I'll tell you, if I were sensitive, I wouldn't be. here Pat, Pat, what` is the name of your assistant? She ery Ms. Skubisha. That is Ms. Kellog,- she was adopted, Laurie? Where is s adopted 'from?. Unidentified Speaker: Korea. Ms. Skubish: Korea. Mrs. Gordon: She is adorable, Hi, honey. Ms. Skubish: All right. Mr. Mayor, and members of the Commission. The United Nations General Assembly, declared 1979 to be the International Year of the Child. They took this action in the hopes of stimulating all countries , rich or poor, to examine the condition of the children, and to catmiit themselves to long -tern measures to improve the lives of children. The focus and goals of International Year of the Child should not be understood as only finding solutions to grim problems and ctmpiling unhappy statistics, for it is time to celebrate childhood in all its incredible beauty and highlighting their incredible acccmplishanents while stressing all the positive things that are happening among our children. With that specific goal in mind, we ask you, Mr. Mayor, and members of this Cammission, to please designate October 20 as International Year of the Child Day Festival. We shall be able to use this holiday designation in our press releases which will help us get even greater exposure and awareness. We are offering the City of Miami the opportunity to co-sponsor the festival. 'The groundwork has been done. Governor and Mrs. Graham, and you Mr. Mayor, will lead the parade of nations which is presented by children in costumes of foreign countries. T.V. star of CHIPS, Mr. Eric Estrada will MC this event. The broadcasting association has generously offered free public service announcements to pra ote the festival, which if realized, would be an added boar to the City of Miami. We have the Miami -Expo Center rented for this event at a reduced cost. You can see it in your little budget that I typed up for you. Do you mean the Coconut Grave Exposition Hall? Ms. Skubish:. In varying degree, we are all aware of the brutal statistics concerning abused and hdneless children. Our goals are to create an enviorriiwnt for family fun and participation. Child welfare agencies will be present to instruct and aid families. This is a fine and unusual opportunity for a social agency to get out into the field and educate the public as to their services. Your packet contains a proposed budget for I.Y.C. And please bear in mind, Mr. Mayor, and members of this Commission, that it would cost ten times that amount if we did not have business and civic leader, and yes, just plain old American citizens volunteering their services, which we do have latin, black, to name a few. The prestigious firm of Breen and Porter is donating $10,000 of in -kind services. Doing all the layouts for us, 'are you listening, Mr. Mayor? Mayor Fevre: I'm looking for Ernie Fannato to make sure he didn't hear that. Oh there he is. He's Ernie. iiu iiui•iiuIM11111111I 64 7111_ 2 3 1979 Ms. Skubish: 0.k. The prestigious firm of Breen and Porter is donating $10,000 of in -kind services to us. They are going to do all the layouts for the brochures and souvenir journals. They are only charging us $250 for the plate. U.S. News and World T port Magazine, Mr. Mayor, which you are familiar with, I hope, which has a half million circulation will run a full page add which would normally cost us $17,000. We are getting it for, haw much did he say, he'd tell me, $150. Mrs. Gordon: What? That's incredible. Ms. Skubish: Yes. Yes, Miami News will do an editorial and have P.S.A.':i for us. The Miami Herald has already been working with us... Mayor Ferre: You just lost me. All right, erase, erase. They have been very responsive. Mayor Ferre: No, no, I'm only kidding. I've only got problems with the Editorial section. The rest of it is O.K. Go ahead. Ms. Skubish: I like the Miami Herald. All right, Disney characters will be here. I thought that would interest you, Mr. Mayor. Mickey Ma is coming and Donald Duck. Mayor Ferre: Pat, you can start wearing it right now. all for you, Pat. You look very, very nice. Mrs. Gordon:' Turn it around. Ms. Skubish: Dade County School Systems is also working closely with us. I have been speaking with Linda Eads, and Phyllis Miller, to none a few. And I'll be going before the School Board, Wednesday. Andthey are also working with us and..by providing transportation for the children to and fran the Expo. Mr. LaCasa, you hear me? Mayor Ferre: He can hear you real good. Ms. Skubish: He's not even acknowledging me. Mr. Plummer: He's calling the bank to see how much we got left. Mayor Ferre: Go ahead, Pat. Go ahead. Ms. Skubish: O.k. I told you about the Dade County School system providing the transportation for Children to and from the Expo. They will also be informing the children and their parents of this event. We shall have an Odd essay and a poem bake off contest. Children films, a gymnast workshop, clowns and children, fashion shows and all this will be highlighted by a parade of nations. When the Chairman of Florida Art Educators hear about our festival she requested to have her international art showing with us. It is to be dedicated to Adele Graham, • who will be there. I have been an the phone with Adele and also with Bob Graham. They have omitted tome. The United Nations has provided the concept, Mr. Mayor. W2 must as business and civic leaders and as individuals fulfill the goals. Universal Aid for Children is an agency which endeavors to support orphanages from families in Asia, South America, Central America, the Caribbean, Haitians, and the migrant workers of Miami. Our children are our future. We must invest in them. Mrs. Gordon: How long is this festival scheduled to take? Ms. Skubish:. We are going to have it one day. Mrs. Gordon: One day? Ms. Skubish: We need 3 days at the Expo, o.k. One to build up booths, one for the actual event and one to tear down. Usually charge $7,500 a day. We got it for $1,500 complete. 65 if Mrs. Gordon: Ms. Skubish: Mrs. Gordon: Ms. Skubish: Mrs. Gordori: farlta.stic job Ms. Skubish: Thank you very much. Are you chairing this, Pat? , . Pardon rre? Are you the chairman. Yes, marn. Fantastic. I want to applaud you, you have dale a Mayor Ferre: All right, the first thirlg, are you finished? Ms. Skubish: Yes, sir. Mayor Ferre: All right, the first thing is, that in the authority granted to me as Mayor, I will declare October 20th, as the International Year of the Mild Day in Miami. And I want to thank each and everyone of you that have been working on this for the wonderful work that you have been doing. You know, last year, I think we did a great deal for the year of the nan. We didn't do enough. I sense that we are not doing anywhere near one tenth of what we did on the Year of the Wctran for the Year of the Child. And I think it is long overdue, and I really thing we have to go out of our way to make sane kind of an impact and I fully and totally subscibe to what you are doing. I have one, criticism constructive. If you want the City of Miami to help, and you got the help of the City of Miami, you can't go out and go to the Exposition Center which is outside of the City limits and expect for us to be happy as if you would cane and do it at the...we have an Exposition Hall that is fully air conditioned, it's fully air conditioned, It's real pretty. We have all kinds of parking there and we can put them up can't we for three days? And the charge of $500 is what we charge. That is what we charge. It isn't? Mrs. Gordon: mr. Grassie. I just see your head moving around. Mayor Ferre: That isn't what we charge, but it's all right. How much do we charge? Mr. Grassie About $1, 000 . Mayor Ferre: About one thousand. Well, we can...tell ire what is the answer to that. Ms. Skubish: Ms. Laurie Kellog. Ms. Laurie Kellog: Mr. Mayor, sir, respectfully. We originally tried . to have it at Dinner Key Auditorium. The only day available to us was 22 Septerrther. That is a high holy day of those of the Jewish faith. Rosh Hashanah . There was no other day open to us... Mayor Ferre: I stand corrected, dear Ms. Kellog: Please, that we tried. Mayor Fe/re: ck that's fine. But it was important and in the future, Pa and I don't mean to scold you or anything. But, in the future, when things like that happen, ].et us know ahead of time, so I won't have to call your attention to it. Miami s first. Ms. Skubish: Yes, sir. I always think of Miami first. Mayor Ferre: Then if you can't care to Miami then, we'll go sanevzhere 66 J11! 2 3 1979 Ms. Skubish: Mr. Mayor, this is Pat Skubish, everything I do is for ayor Ferre: That's why I say, in the future, let us know that you tried to go to a Miami facility, couldn't... no time. You know, no place... Ms. Skubish: If Mr. Grassie, or anybody right now, here and now, can give me a facility to hold this, o.k. October 20th, with the monies now, intact. I will gladly pull out of the Expo. Mayor Ferre: O.k. We hear. Thank you. Mrs. Gordon: What action to we have to take, Maurice? Mayor Ferre: I don't know, what is it you are requesting. We've already, we'll make it October 20th. What is it you want from us? Ms. Skubish: O.k. We need, well, did you get the little budget? $13,500. Office space and phones,.. Mayor Ferre: Wait, wait. You want the City of Mi amount? Ms. Skubish: Pardon me? No, you don't have to give us the full amotmi We'll take anything you can give us. Mayor Ferre: Well, how much has Metro and how much has Miami Beach given? Ms. Skubish: Metro, I didn't...I just got into this about a month and a half ago. O.k. we are hitting you first. All right. And this week I'll be hitting the Dade County School Board. I' m going before them the 25th and then I'll...Mr. Plummer, what about the Florida League of Cities. Mr. Plummer: They have not... Ms. Skubish: You understand. It says cn T.V.,.youknow Mario Thanas canes on and says, hey, get interested. You know, do something for your ;caRrnn ity. I'm out here trying. Mayor Ferre: I haven't...I'll tell you, I personally, have no objections, for example, $3,000 of the 13 and if you can't get Metro, Miami Beach, and the School Board, then you came back to us and we'll discuss it. Ma. Skubish: I'll get private funded. Thank you, Mr. Mayor. Mrs. Gordon: O,k. I'll moue you that we fund a proportionate share of the budget together with the other agencies that you have mentioned. Mayor Ferre: Rose, if you want to do it on a more positive basis... Mrs. Gordon: Then I would say up to $5,000. Mayor Ferre: O:k. Provided that it be in an equal share with the others. O.k.? Up to. O.k. Mrs. Gordon: O.k. Mr. Plummer. Second. Mayor Ferre: Further discussion. ■ JUL 23 1979 MOTION 79-519 A M'JTICN DECLARING THE INTENT OF THE CITY OF MIAMI ' ` TO FUND AN AMOUNT UP TO $5,000 TO THE PROGRAM :.,ENTITLEDINTERNATIONAL YEAR OF THE cflhl D ':.-CELEBRATION"; CONDITIONED UPON A PROPORTIC7NATE SHARE BEING GRANTED BY THE CITY OF MIAMI BEACH, -- METROPOLITAN DADE COUNTY AND/OR THE DADE COUNTY SCHOOL BOARD Upon being seconded by Commissioner Plummer passed and adopted by the following vote: Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre ESTABLISH NEW TRUST AND AGENCY FUND: "NCGUCKI EARTH 2 8 „ SCULPTURE IN BAYFRc 7r PARK" Mayor Ferre: Is Caroline Wilder fran Wynwood Elderly here? All right, if not, we are on item number 14, which is the Noguchi Earch Sculpture in Bayfront Park, and Mr. Manager would you explain how, where we get the funds and what -have -you on that. Mr. Grassie: You know, Mr. Mayor, that in collaboration with the Downtown DeveloPmeht Authority, the City has been working ai the possiblity of getting a design accanplished for Bayfront Park for something which has been characterized; as an earth. sculpture. Although,the artist hasn't said that's what it is going to be. The National Endowment has offered the City $50,000, and that is a grant which carries with it the requirement for a match by the City of $50,000. NCkw, that hundred thousand dollar budget would produce a design and not the product. It would be on the basis of that design that the Citywould then seek to get private contributions and I would expect that if this is a design that is going to go forward, it will have to be built basically on private contributions.. Mayor Ferre: Well, let me... Mr.'.Grassie: And that's what 'd be looking for a budget` to build it fran the private sector. Mayor Ferre: I have not been involved in this up until this time, but let me tell, you that Kitty Rodell...Where is Kitty? Yea. Kitty Rodell really has been a tremendous advocate and the fact that she was able to to get Noguchi to look at Miami is a major accanplishment. And the fact that, Mr. Grassie, you I know, have been taking an interest in this. I am amazed, frankly, that you could get Noguchi, that's like saying, you know you go Micheleangelo...•.Noguchi, happens to be the greatest living artist in the world today, that does this type of thing. And I don't think that there is anybody, after Alexander Calder and Picasso passed away, I don't think that there is anybody in his category doing his kind of work. So, we are very fortunate that he would even consider doing this for Miami. He's'a pretty old man, isn't he. How old is Noguchi? How old? No, he's not that old. I thought he was older than that. 70, where does he live? New York City. Well, we are darn lucky.-I...Did the National Endowment for the Arts actually say they would?give us $50,000? So, I mean this is on an if basis. Grassie:: They, have offered it already, Mr. Mayor. 68 -nit 2 3 19T9 Mr. Plummer: Well, what are you possibly looking at even though you're talking about at this time, private sector. What are you talking about for the work product. Now much, how many dollars? Mr. Grassie: I would estimate at least a million dollars Mayor Ferre: Now much? Mt. Grassie: At least a million dollars. Mayor Ferre: Oh, for the total project. Yea, but you see, once we get a Noguchi design, I guarantee you that we'll get the money to build that from different endowments, and from the bank and from Gould. Gould himself is very interested in this. We obviously, don't have the money. I mean, there is noway we can spend a million dollars on the project. Mr. Plummer: Were are we going to get the 50? Mr. Grassie: From Parks and People Bond funds. Mrs. Gordon: Aren't we supposed to be holding all the money we possibly can for the FEC acquisition? Mr. Grassie: No, the money from Parks for People Band Funds that the City Commission has set aside for that purpose is in and we are not touching that money. Mayor Ferre: All right, is there further discussion on this? Mr. Fannato: Mayor, I'd like to say a little something on this. Mayor Ferre: Yes, sir, Etnie, you are certainly entitled... Mr. Fannato: Honorable Mayor, members of the Commission, Ernie Fannato is my name. President of the Tax Payers League of Miami and Dade County. You know, it tickles me, and I'm not against famous people doing things, if you can afford it. You don't have the money. You are going to lay-off a lot of employees, you said. You are going to cut same services and here you are going to put $50,000 in a deal like this. It's not a bad deal, but what canes.first? Peoples jobs. People gotta eat. So, just forget it and let's cut...put the money in the budget and lets turn around and keep scene people wanking who should be working. I don't like all this spending and spending, like we are doing. It's about time you start tightening up your belt and think of the peaple,;the poor people who you are going to throw out of work when you cut your budget. Mayor Ferre: What's the will of this Commission. Mr. LaCasa: Mr'. Mayor, I realize that we have a difficult eoamonic situation and all that, but this is the type of project that will really enhance the image of the City of Miami. This is high quality. This is what will bring more people into the City of Miami, more businesses into the City of Miami. Will increase our appeal to tourism and will contribute to make of this a big City so I am going to move that we approve this. Mayor Ferre: Is there a second? Anybody want to second this or not? Father Gibson: Mr. Mayor, Oh, I'm sorry, go ahead, no, no. Mr. Plummer: I'd just like sane more time to think about it. The fear that I have, Maurice, is a fear that is always prevalent. You know, it's nice to say that you are going to get the money from the private sector to do the project. We've said that, you know, time and time again. And you know who winds up paying off the remaining balance is the City. Mayor Ferre: Well, like give me an example of something similar that we have done in the past. Kitty, how much time do we have before the' 69 ■ JUL 2 3 1919 National Endowment yanks that money away and gives it to one of 500 other • cities that are trying to get something like this? Look, let make a pitch for this,; so we understand. What we are asking for, isfor you to'.gamble $50,000 out of the money that we have out of the bend:;.. Parks for People Bond. Under the theory that we are damned fortunate; if you'll excuse. me Father, to be able to get... Father Gibson: I'll pray, don't worry. Mayor Ferre: Noguchi to even look at this thing, and we wouldn't get that National...that National Endowment of the Arts doesn't go around giving money easily, believe me. We've never been able to get a grant like this in the City, of Miami, ever. Or the County that I know of. And here, we've gone out and these people..the only reason they even talk to us is because we've go this very, very world famous American - Japanese artist by the name of Noguchi. who is really an institution in his own right. I don't know the, man. I've' never met the man in my life, so it's nothing personal except that anybody in the...who knows anything about are, knows who Noguchi is. And I just think it would make us look very, very stupid, if you'11 forgive me, in the National Endowment for the Arts and around the art world, if we get the opportunity to get Noguchi to design something, have the National Endowment offer us $50,000 and for us to turn it down. Believe me, I think we'd be the laughing...we'd be the joke of the country. Mrs. Gordon: There was a question, state ..or astatement before about this was the first step. What would the second step be and haw much. You know, someone mentioned a million dollars, I mean, a down payment, is this' just` a dawn ` payment. and fran there we start spending more money? Mayor Ferre: No, no. Rose, this isfor the design. Afterthat we got t raise the money to build the darn thing. If we decide.... Mr Grassie: No, but you are right, I'm sorry, sir. Mayor Ferre: Go ahead. Mr. Grassie: But you are right Commissioner, that the City would have to engage in, basically, a fund raising effort because I would...as I said before, I Would anticipate that if this gets built, it will be built by funds, principally. other than the Citv's. And, it might be well, Kitty was just telling me of sane of the approaches, maybe she should go through sane of those programs for just a minute. Ms. Kitty Rodell:` Kitty Rodell, Director of Marketing, Downtown Development Authority. The current bandshell has a moratorium an all the uses that are there now. It is in disrepair, and currently is not generating any revenue or activities for the downtown area, or the City of Miami. Should Mayor Ferre: Speak up Kitty, because I. can't hear you. Ms. Rodell: Should we accept this grant, the Downtown Development Authority is going to establish a fund raising committee and anon -profit corporation to accept those funds. Mr. Noguchi will probably do a model that will be sold similar to the Lichtenstein on Miami Beach to raise money. The Bayfront Park system is a regional park as determined by Metropolitan Dade County and thus, we will approach the Dade County Arts and Sciences Council for additional funding. And the City, previously submitted an EDA grant under Public Works funding for construction for low inane employment and there is a chance that we could resubmit mi.t that for the ultimate construction of the site. Mrs. Gordon: It's all iffy though. The only thing that's definite is the $50,000 grant, but everything else, the $950,000 is not a definite. That is concerning. Mr. Plummer: That's in additiaR, Rose. Intl 2 3 1979 Gordon: I`know, in addition. Mr. Plummer: Mr. Mayor, you know, I have to plead ignorant. I do not know of the work of this gentleman. And, you know, I will accept your evaluation. But I personally think this would be, if in fact, the radiant terms that you have used would be a tremendous project for the Chamber of Commerce to undertake. And if they were to come forth and say that they agree with you that this man is world famous, and they feel that this would be a boon to downtown, that they would undertake to write the million dollars, I would feel differently. Mayor Ferre: J. L., it's a chicken -egg situation. I don't think there is a City, a major city in America, that if the National Endowment for the Arts said we'll give you $50,000, wouldn't match the National Endowment for the Arts to get them a Noguchi design. I mean, it is just...you know, believe me this is front page stuff in world magazines. Noguchi does not do this often. I can't begin to tell'you how fortunate we are and I don't know...I see Earl, I know you are into the art world a little bit. You know who Noguchi is and you know the value that this would be to this community. This would be like having a Calder in front of you City Hall, like somebody else did in some other city Mr. Grassie: Just to give you an example, Commissioner,of the importance that this is given in some places, at Mr. Noguchi's invitation, I attended :> a dedication that he had of a show of his work in Detroit, at the Art Institute "there. And, :S went principally... s that at Renaissance Plaza? Mr. Grassie: No, but.I went principally:to see Renaissance Plaza , which is a plaza that he deisgned right outside, I know that you have seen Renaissance Plaza there. But theprivate sector put seven ,million `dollars into: that plaza without any investment by the city except for the coordination of the project. Mayor Ferre: And I' got no doubt that we will raise a in this community to do. it. I've no doubt about it. Mr.' Plummer: Mayor. Ferre: All right, further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "NOGUCHI EARTH SCULPTURE IN BAYFRONT PARK", AND APPROPRIATING FUNDS FOR THE PURPOSE OF SAME IN THE AMOUNT OF $100,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT IF 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 Lacasa and seconded by Commissioner Plummer for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission" AYES: None Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson *Commissioner Rose Gordon **Mayor Maurice A. Ferre ist '71 Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa' Commissioner (Rev. ) Theodore R. Gibson **Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8971 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. ON ROLL CALL: Mrs. Gordon: Well,°I have very strong reservations against spending any of the Parks for People Bond money because we may need it. It's not that I'm opposed to the design concept but where are you getting the money from bothers mea great deal. Wehave.'..Mr.Grassie, have we had any idea of how much money we are going to need for that park acquisition? Mr. Grassie: Well, the amount of tnoney that we have set aside, Commissioner,. is the axnount that was indicated to us by the two private appraisals of the City Commission, and that amount is fourteen and one half million' dollars. Mrs. Gordon: And how much, money dowe have in the Park Bonds issue that we've set aside for Bayfront Park redevelopment that we haven't used? Do you know off -hand? Mr. Grassie: We have used all of the money that we have set aside for the rebuilding of Bayfront: Park. You remember that the next phase is the one that involves thatfillof the;bay bottom and thathas not been_. possiblebecause we have not been able to get a permit out of the State. Mrs Gordon: Mr. Grassie up ` to now. How much money „is there? We have used the money that we have set :aside for Bayfront, Mrs. Gordon: So where are you taking this fifty thousand dollars?; Mr. Grassie: This is the last fifty thousand dollars. Mrs Gordon: From that. • Mr. Grassie: From that amount. Mrs. Gordon: Well, isn't there another item on todays agenda which I recall, the acquisition of a park, Blue Lagoon Park which is going to be using Park Bond monies also. Undes...previously undesignated? Mr. Grassie: Yes, but that is not money that you have set aside for Bayfront. That is money that was allocated to that particular district which is the western most district of the City. *Mrs. Gordon: I'll vote yes. Okay if this is not going to affect the other transaction, Mayor Ferree Wait a minute, before I vote, Mr. Grassie. I don't want... I've got some...I just noticed, you have earth sculpture. Now, I don'tt want to limit Mr. Noguchi. Now, Kitty, we had some discussion on that. You told` me once that there was a problem, we don't want to limit the man. Yow, what is all this earth sculpture all about? 72 $UL ! 3 1979 Mr. Grassie: No, the next step after this authorization, Mr. Mayor, would r be the preparation of a document between the City and the sculptor which will outline the program, but will not limit him with regards to use of materials or anything of that type. Mayor Ferre: I mean, if the man wants to cane back and build a fountain I don't want you super -imposing that you want earth there, or whatever it is. Or that if he wants to come back with marble, that we say we want to use pink grand or something. Mr. Grassie: Mayor, the earth sculpture Mayor Ferre: From him? Mr. Grassie: Yea, but I should say simply for the background of the City Commission that we do have a question to get resolved with the sculptor and that is whether or not there will be any facility there that is similar to a bandshell. The likelyhood at this stage, is that the answer to that is no, and that's something that we still have to work out. **Mayor Ferre: Thank you, I vote yes. 29. AUTHORIZE CITY NANAGFR TO AOCEPr GRAM' AERRD "BLUE LAGNII PAW. ACQUISITIC li Mayor Ferre: All right, we are now on item 15 which is the Blue Lagoon Park acquisition, Mr. Manager. Rose, you had sane questions on that. Mrs. Gordon: Which one are you on? Mayor Ferre: 15, Blue Lagoon. Mrs. Gordon: The questions were directed to the financing of it same... Mayor Ferre: All right, Mr. Manager, the questions that Mrs. Gordan is addressing to you is, how are we going to finance it, where is the Toney caning fran, and what do we do with it. Mr. Grassie: I am going to ask Jim Reid to go through the project, not only to answer that that question but also to give you a little mare background, Cannissicner, an what we are trying to aoccilish in this application. Mr. Jim Reid: Jim Reid, Director of Planning, City of Miami. This project is for the acquisition of 3 tracts of land on 7th Avenue in the Flagami section of the City. It is a project that was identified in the Miami Comprehensive Neighborhood Plan, as having high priority in that neighborhood. The project is in an area where the City of Miami has been experiencing very rapid population growth, and in fact, between 1970 and 1975 half of the cities total, absolute population growth occurred in that particular area, very near the project area for the park. The 3 tracts that would be acquired on the middled tract of the 3, is a royal palm hammock, if you will, where there are several hundred very mature royal palms that we think constitute a tremendous environmental resource. On the other side of the tract is the former Dade Sportsman's Club, which could be a boat access club in teens of the use of Blue Lagoon. And there is a small tract that is currently used for truck storage and so forth, and could be a picnic and fishing area and so forth. This is a project in which the State would be putting up 50% of the acquisition funds under the Bureau of Outdoor Recreation Program. We ha '73 'JUL 2 3 i9r9 not really gotten much of the State monies in Miami and they have criteria which requires that the projects be`_.resouroed based. That is, they tie in to natural resource features, like the lake or like the environmental character of this site. So, that we, feel this` is a very good project frcrn the point of view of meeting State criteria, of meeting the needs of a fast growing neighborhood in which there is... Mrs. Gordon: It's a beautiful location Mr. Reid: '.he....about 250 feetI believe Mrs. Gordon: That's a very nice project. I was just concerned with the... where we are getting the funds frcan. But you say it's in the budgeted: funds for that area for park acquisition. Mr. Reid: The Parks for. People, and I'believe that a segmentof it is caning from Bayfront Funds that cannot beused for the fill, the environmentalfill,. 200, 000. . Mr. 'Pluni r: Let me express to you my concern. It is in the same area, but it's not. My concern is that we are starting so gosh darn many projects that we are not seeing completed. And I think first, the Latin Riverfront Park. You know, we are into a hodge-podge there. And, I keep hearing reservations being expressed that we are not going to have. the coney to finish it, and you know, what are we going to have with sane beautiful vacant lots. You are talking about just acquisition of of property at, call it 700,000 which is only 350 of City money. Then, you have to talk about fixing it up and then you have to talk about operating it, maintenance and all of that. You knew, I just, my dad. always taught ne that the only way you can measure ability is in results. And Iguess what I'm saying is, I don't see carkoleted projects. I see us starting a lot of projects, but not the completion. You know, Mr. Mayor, let me tell you something that's bothered me, was brought up to methis week. I understand, to this date, that African Square is not completed. I hope that that is wrong. That...on Martin Luther King Boulevard, that in fact, that project which this City has been behind so strongly is not completed. And the reason given is, there is not adequate funds. Nag, there is a lot of projects that have been started and; we have, to.rrc, a lot that have not been completed. Nag, to me, before you go out plowing new fields, you get the other fields finished. And :I ... that ' s my concern. Mr. Reid: I certainly agree with that Mr. Plumrer..Conrni.ssioner Plummer and I believe, that the Parks Department has got a parks design team that is zeroing in on expediting these park projects and completing them. But, this is a unique � opportunity to... Mayor Ferre: I agree. Mrs. Gordon: Do you have to go to condemnation on this, or are you able topurchase it by, you know..;. a settlement. Mr. Reid: I have no idea, possible to... at this :time, as to whether it would be Mayor Ferre: Jim, let me ask you this. I see that you have a matching grant there from the State. Has the State already agreed to do this. Mr. Reid: The State has agreed to provide the funds, as I understand i It has been approved by their Department of Natural Resources. Mrs. Gordon: Mr. Fosmoen on this, or not? do you knag whether we are going to condemnation Mr. Fosmoen: Carni.ssioner, we would try a negotiated settlemen absence of that, we'll go to condemnation. And as you knave..`. been no conversation with the proper Mrs. Gordon: amers? In .; 11 1111111 ist JUL 2 3 1979 Mr. Fosmoen: No, there hasn't been a direct conversation. But as you know, there are same advantages to therZoperty owner if we go, if we file a condemnation suit, he has a period of years within which to reinvest that money. He's better off if we condemn the property. Mrs. Gordan: O.k. I'm in favor of this neighborhood park, so I'm goin to Hove approval Mayor Ferre: All right, Mrs.Gordon moves. Is there a second? Father Gibson: Second. Mayor Ferre: Second by Father Gibson. I might, I might on behalf of this park, say that I am very well acquainted with the property, and I want to tell you that it is one of the most beautiful and unique properties left in Miami. Mrs. Gordon: You use to own this once. Mayor Ferre: I use to...Maule did, I didn't. Maule use to. It's a beautiful piece of'property. I'm glad it's going in the direction... I always thought it should be a park because it is full of these royal palm trees and it would just be a crime to see that property destroyed. Mr. Plummer: Mr, Grassie, the question. Have we got enough money to finish the Latin Riverfront Park? Mr. Grassie:-Commissioner, if you remember the meeting that we had in the neighborhood, one of the things that the City Commission was trying to accomplish, at that point, was to agree on what the neighborhood wanted. And, the neighborhood has concluded that if we built all of the things that they wouldlike, that the park will cost much more money than we have. The p:ooess they are in now, and you remember that we turned it back to the neighborhood for same of their advice and we are going out with outside architects to complete the project. The neighborhood is in the process right new of deciding for example, whether or not it wants a pool, because if it gets a pool, then it's going to have to give up something else. So, the answer to you is we are working within a budget, but the budget is never going to be large enough to afford all of the things that people would like to see there. Mayor Ferre: All right, further questions? Call the roll then. The following resolution was introduced by Commissioner Gordon,; who moved its adoption: RESOLUTION NO. 79-520 A RESOLUTION AUTHORIZING THE CITY MANMER TO ACCEPT A GRANT AMRD FROM THE FLORIDA DEPARTMENT OF NATURAL RESOURCES FORA CAPITAL PROJECT ENTITLED "BLUE LAGOON PARK ACQUISITION" AND FURTHER AUTHORIZING THE CITY ZO EXECUTE THE NECESSARY CONTRACT (S) AND/OR AGREEMENT (S) TO IMPLEMENT THE PROTECT WITH FUNDS FROM THE TRUST AND AGENCY FUND "BLUE LAGOON ACQUISITION" (Here follows body of resolution, omitted here an 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: NOES : Non Commissioner Bose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre '75 1st a.a97J v`.�L 30. ESTADLISN NOP RUST AND AGT CY FUND: "BLUE INnO ? PAR! AO JISITION" W. Plummer: I would like, Mr. Grassie, Commission a status of the Martin Luther status report on that, and what I'd like and done. Mt. Grassier You mean African Square? tr. P1unmer: African Square that you forward to this King Park. I'd like to see a to see is that it's completed Mrs. Gordon: The -number 15 we've. just voted on doesn't say has much the grant is, unlessit's in the backup material. Mayer Ferre:. It's in the back of the materials. eight thousand... Mrs. Gordon: Well. Mayor Ferre All right, let the record feflect that the motion, that thefigures are incorporated to the effect, that half is paid by the City and half by the State. Is that correct?All right, Mrs. Gordon with the same proviso, moves number 16 and Father Gibson seconds. Read the ordinance. Half of 6 hundred eighty can we put that into the notion please? AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATION ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED : "BLUE LAGOON PARK ACQUISITION", AND APPROPRIATING FUNDS FOR THE PURPOSE OF SAME IN THE AMOUNT OF $688,410; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Gordon and seconded by Commissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission AYES: NOES• Commissioner ssioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Mayor Maurice Ferre Whereupon „the `Commission on motion of Commissioner Gordon and seconded by Commissioner Gibson, adopted said ordinance by the following vote: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Mayor Maurice Ferre 76 JUL 21979 SAID ORDINANCE URS DESIGNATED ORDINANCE N10. 8972 The City Attorney read the ordinance into the public record, and announoed that copies were available to the members of the City Commission and copies were available to the public. OO * 7IS ON THE AffiNE: Mayor Ferrer That's right, that's a valid point. I can't argue with that. That the people in that area didn't vote for the bond issue, but I don't think we should penalize. Mr. Plummer: I just want to put it...Mb are saying thanks to the people that voted against the bond issue. I just want to put that on the record. Mayor Ferre: I don't think...I don't think we should penalize anybody for that. I mean, are you going to penalize your children too? You know, its been, what, 5 or 6 years.... Father Gibson:Mr. Mayor, I want to plead with Brother Plummer, have mercy on me. Father forgive them for they know not what they do. Mr. Plummer: I voted yes, Father. Mayor Ferre: All right, callthe roll. 31. AUTHORIZE CITY IL'-21A TD AO= 3 PA, s' OF LAID: FOR: Dowirrat W COMMENCE CiTIT S SI"'F. Mayor Ferre: We are now on item 21.1, which is accepting, I mean authorizing the Manager to accept three parcels of land owned by the State as total payment for other property deeded to the State by resolution 75-547. Mrs. Gordon: Move. Father Gibson: Second. Mayor Ferre: Moved by Mrs. Gordon, second... Can I see what this good deal looks like? Mayor Ferre: All right, moved and seconded. Mt. Plummer • ` -You know Commissioner, or... a picture. Mr.' Grassie: A picture of the parcel? Mr. Plummer: giving up. Mr. Grassie: O.k. What we are giving up is outside of the City, it's rural. It is a piece of property that we got from the State to begin with, for specific purpose of establishing a well field. We have, what am3unts to a half interest, at this point. And, we would be giving that back to the State and the agreed upon price is $112,000. So, our asset is $112,000. That's what our asset is worth to us. They have not paid us, by the way, although we've asked them pay us for the last several years. Yea, I'd like to see what we're getting and what we're '77 JUL 2291,19 Mr. Grassie:. No, no. When we gave up the water system we no longer had �< any u.e for this piece of property. Now... W. Plummer: And outline for me, the 3 pa cols that we're getting. Mr. Grassie: I don't have a map in front of me, Commissioner. But basically, they are the parcels which complete our ownership between the Convention Center site. If you remember the Patricia site, and where we are now building, over to the expressway. And it allows us to plat the whole site. `:Wehave had calculations made on the average, square footage. $112,000 pays the State scmething under $12 a square foot, and you know that property;. is worth about 55. Mr. Plummer: Fine, thank you. Mayor Ferre All right, its been moved by Mrs. Gordon,` seconded Call the roll, please. following resolution was introduced by COmmiSSioner Gordon' RESOLUTION 79-521 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AS FULL PAYMENT FOR PROPERTY DEEDED TO THE STATE OF FLORIDS BY AUTHORITY OF RESOLUTION NO. 75-547, THREE PA1ETS OF LAND OWNED BY THE STATE OF FLORIDA, NEED FOR THE DOWNTOWN CONVENTION SITE; ALL SUBJECT TO THE APPROVAL OF THE FERAL HIGHWAY ADMINISTRATION (Here follows body of resolution, emitted here and on. file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution passed and adopted' by the following vote: ,Caamtissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre Noes: None AUrHIiOPIZE CITY AM GER TO ORDER; HOLM ODUUSti TO CY'LuI2Ir A 32. BOND ORDIIflC , TRUST .%s o+,1rr, VALI.TATION pRocrmr4Gs LTC. TO FINANCE: Crilaa AND P. ;1r PARKING STRUCTURE Mayor Ferre: All right, we are now on item 21.2 '78 JUL 2 319" Mr. Grassie: Mr. Mayor, members of the City Commission. Prior to getting into this item I would like, if we could take just a minute to aske Vince Grimm to introduce to you, a group of very talented people wham we have had working on this question here today, and on many other ocassions. Simply, so that you will have a feel for the input and the level of concern that this whole question of going through the process of validation and getting all of the necessary legal arrangements for the Conference project has been receiving. Mr. Grimm: Mr. Mayor, and members of the Commission, I think you are all aware of those of us on the staff that are involved in this project. In addition to this, of course, Mr. Worsham here representing the developer. Mr. Adrian Warner with Mr. Worsham and Mr. Jim Adams. Mr. Worsham's attorney, Mr. Fine and Mr. Nester was here a little while ago. City's Bond Counsel, Mr. Joe Guandolo. The representatives of our bond under- writers, both fran New York and locally, Mr. Onesta Pina, Mr. Graham, and Mr. Ken Foss. There were a few others that were here before. Our City Attorney is in the back row that is working on this, Mr. Percy. And I want you to know, that all these people are putting in many long, hard hours, to bring this project to a successful conclusion. Mr. Grassie: What is being... Mrs. Gordon: What is before us then, is the resolution numbered 21.2 Mr. Grassie: That is the question that is in front of you right now. Authorization of the staff to go forward with bond validation. Mrs.` Gordon: Father Gibson: Second Mayor Ferre: I'll move that. Excuse rte. Mt. Grimm: Mr. Mayor, and members of the Commission, under this item and this is kind of a bombshell, I realize this, but in order for us to meet the time schedule that we are on, we are sincerely hoping that sane special meeting could be called about the middle of August... Mrs. Gordon: That's a bombshell. Mt. Grimm: I know that mam, so that we could bring back to you all of these documents for your final approval so that we may file the proper papers with the courts. And, this is an extremely important procedure for us. Can we know about a week of ten days aheadof the time. Can't be done any sooner than that? Mr. Grime: Mr. Guandolo...part of this is dependent on our air rights appraisal which we will get, the earliest, on the 13th. Mr Guandolo has agreed that he will try and have everything done by the 16th and that's about the earliest date that we can meet. Mr. Plummer: Let me ask a question. W. Grassie, where do we stand with the federal grant on the parking structure? Mt. Grassie: If you are speaking, Commissioner, of the UOAG application, they are considering the process they call roll over, which means that they take your application from one three month period, the one in which we have applied, and they roll it over for further consideration' in the next three month period. Mr. Plummer: Well, isn't this then, premature? Mr.> Grassie: No, sir. On the oontraty. Keep in mind, that what we are trying to accomplish here is to put the City in a legal posture so that it can issue the bonds. Now, the UOAG application is what will make it possible for us to secure a private investment for World Trade 79 JUL 234979 Center. But that is in addition to the obligation that we have for the 1,000 cars andfor the base, Conference Center itself. We have to issue the bands for the Conference Center, and if we get the UDAG we will be in a position to Trove forward with the World Trade Center also. Mr. Plummer: What happens if we don't get the UDAG? Mr. Grassie: Well, one of two things. Either we will have to find a separate way of financing the underfitting which is required for the World Trade Center, or conceivably, the World Trade Center would simply; not go forward. Mr. Plummer: Well, then it is premature. Mt. Grassie: Well,' I don't believe so, Commissioner, because Conference.. Mr. Plummer: Well, but your time ...excuse me, Mr. Grassie. Youkn you are issuing 2 types of bonds, 79a and 79b. Grassie: No, no, sir. issue bonds at this, point. Mayor Ferre: Allthis is is to order Bond Counsel to complete a bond ordinance, trust agreement, validation proceedings, if necessary, and other legal instruments` and underwriters to prepare an official statement and proposal for the purchase of the bonds to finance the Conference Center and related parking structures. Now, this is what we are authorizing. It is a series of legal documents. It has been moved and seconded. Is there further discussion? Call the roll. We are not asking you to authorize us What we're... The following resolution was introduced by Commissioner Gordon who .moved' its adoption: •was RESOLUTION NO. 79-522 A RESOLUTION AUTHORIZING THE CITY MANAGER TO CAUSE TO BE OJMPLETED BY BOND COUNSEL ORDINANCE, TRUST AGREEMENT, VALIDATION PROCEEDINGS, IF NECESSARY, AND OTHER LEGAL INSTIMMENTS AND TO CAUSE UNDER- WRITERS TO PREPARE AN OFFICIAL STATEMENT AND PROPOSAL FOR THE PURCHASE OF THE BONDS IN AN AMOUNT ESTIMAaU PRESENTLY AT $36.5 MILLION FOR THE PURPOSE OF FINANCING THE CITY OF MTAMI/UNIVERSITY OF MIAMI JAMS L. KNIGHT INPERNATIONAL CENTER AND RELATED PARKING STRUCTURE (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 passed and adopted by the folloiwng vote: AYES: Commissioner Rose Gordon *Vice -Mayor J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibs Mayor Maurice Ferre NOES: None CCis TENTS ON THE ABOVE : *Mr. Plummer: With re approval, I vote yes. nervation that it has to`came ' back here for Tina JUL 231979 DIRDCr CITY r.A:A'.::2 TO RESMVE AIR RIGHTS: PEDF'STX IAr1 33. STR 3C,afl 'It LIN!( corm :Trim CiLittt !TrH cc,n TRADE C}IIPI'. OVER S. E. 4 S .Nt::tr!' Mayor Ferre: Item 21.3 Mrs. Gordon: I move 21.3. I think that's a good thing to do. Mayor Ferre: All right, Mrs. Gordon moves 21.3. Father Gibson: Second. Mayor Ferre: Second by Father Gibson. Directing the Manager to reserve air rights for the pedestrian structure link the Convention Center and the World Trade Center and so on. Mr. Plummer: Mr. Fannato: Mrs. Gordon:` moved over... Mr. Fannato: Mrs.:Gordon: At whose expense? 23 is Watson Island. 21.3 We are still on the Convention 23 is Watson Island. No, no, we haven't gotten there yet. Center .we haven' Mr. Grassie: To answer the question with regard to whose expense, there is no expense involved, Commissioner. What we do is, in plating the parcels that you just agreed to trade a minute ago, we would make a reservation for this particular air structure in the planning process. Mayor Ferre: All right, further discussion. Mrs. Gordon: Call the question. Mayor Ferre: Call the question on 21.3 The following resolution was introduced who moved its adoption: RESOLUTION ND. 79-523 A RESOLUTION DIRECTING THE CITY NICER 70 RESERVE AIR -RIGHTS FOR A PEDESTRIAN S RUCIURE TO LINK THE DCMNIOf9N OONVFnr'ION CENTER WITH THE WORLD TRADE CENTER OVER S.E. 4TH srie.x.0 AS IT WILL BE REIDATED BY THE PROPOSED PLAT "MIAMI CE1TER" BEING PREPARED FOR THE DOWNICWN CONVENTION CENTER SITE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Cam issioner Gibson, the resolution was passed and adopted by the following vote: Commissioner Rose Gordon Vice -Mayor 'J. L. Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice Ferre 81 JUL 2 31979 AUTHORIZE CITY E0.7CU'rE A FT: R. DU .L AND . 34. ASSOCIATES P_ROFESSIO1IAL CONSULTEIG AND DESI `I SE`_IVICES WATSON ISLAND P'_20JE T Mayor Ferre: Take up item 22 which is the approving and authorizing the Manager execute agreement with R. Duell and Associates Professional Consulting and Design Service in connection with the Watson Island Project, for an amount not to exceed 4 million 8 hundred and 20 thousand and authorizing the Manager to expend 200 thousand for payment of the services. City Manager recommends. Ali right, Mr. Manager. Mr. Grassie: Let me ask Mr. Fosmoen to introduce the subject, Mr. Mayor. Mr. Fosrpen: Mr.Mayor, members of the City Commission, I would like to take just a =rent'to introduce some of the people who are involved in this project. Both item 24 and 25, the next one, which is the indenture. John Gilchrist, as you know, is the Project Manager for the City, Don Chadwick representing the underwriters, Prescott, Ball and Turben and Blythe, Eastman, Dillon. Mr. Bob Olive and... Mayor Ferre: Would you gentlemen care forward, please and sit right up here in the front raw so we can all... Mrs. Gordon: Dick, did you say 24 and 25, you didn't mean that.,;:'22 23, that's it. Mr.'Fosmoen: I'm sorry, 22 and 23, yes, 22 and 23. Mr. Don Chadwick representing Pres... Mayor Ferre: Chadwick, Mr. Olive, Mr. Fine... an Mr. Fosmoen: Prescott Ball and Turben, Bob Olive and Wilton Miller, our bond counsels `fromTallahassee and of course, Mr. Ron Fine, representing Diplomat World Enterprises. The two items before you, for you consideration, one is a contract with Art Duell and Associates for 4 million dollars. It is...it.is a contract first, it is a contract first in the amount of 200 thousand doilars to prepare the development of regional impact statement and the envionmental impact statement. Both necessary for the UDAG application. And secondly, if we receive the UDAG application, then the remaining fee to the architect would be triggered for the 4 million sane odd thousand dollars for all design work. Mr. Gilchrist is here to repond to questions on that contract, we well as Mr.Sawyer with Randy Duell and Associates. John. r John Gilchrist Mr. Fosmoen also intended to introduce Jack Perrell from Blythe, Eastman, Dillon as one of our team. Mayor Ferre: All right, sir., Mt. Gilchrist: Well, I; believe Mr. Fosmoen reviewed what the question was before the Commission, that was to both authorize entering into an agreement with the architects for the Watson Island Project. That includes all architecture, engineering and interior graphics. The entire package necessary to build the project and to allow us to incrementally work towards that contract by, first initiating the environmental impact statement and the development of regional impact work for the state that has to be done in order to be eilgible for the UDAG grant. Mr. Grassie: John, would you explain in sane detail, haw the architects arrive at their fees and how you worked with them in negotiating those amount which sum up to the total contract. Mr. Gilchrist: All right, I'd like to call on Mr. Sawyer to respond to that. But basically, what, what the process was, was to identify all the tasks necessary to accomplish this project and to apply time frames to those tasks and apply actual salaried personnel to Mr. Gould's Office as well as the additional consultants that are a part of this contract. The consultants in the iriiami area include Greenleaf a leLesca fur marina facilities. The Sozocki Group for Planning and landscape, Myer Smith for transportating planning, and Post, Buckley S. Jernigan for both enviromental engineering and the site engineering. Dealing with the issue the negotiation was primarily the negotiation of the time required to accomplish to accomplish the tasks and the fees applied to them. We have spent the last month dealing with, in great detail, the schedule and describing the tasks in this contract. Mr. Sawyer, do you want to add anything to that? Mr. Grassie: :ir. Mayor, and members of the City Connission. The need for the expenditure of the $200,000 to repeat, is to put the City in a position so that it can successfully apply for the UDAG grant on this project. I want to call your attention to 2 paragraphs of this agreement. I know that it is very voluminous, but if you would be good enough to turn to page 2 of the agreement. I would like to point out to you, that in page 2, section 1, general conditions, it says specifically... Mayor Ferre: What page? Mr. Grassie: Page 2, Mr. Mayor Mayor Ferre: Page 2, o.k. I have it. Go ahead. Mr. Grassie: There is the provision there that says, "provided that the City Commission has appropriated funds, in advance, for such work. Now, that is a general condition covering any of the work to be performed under this contract and it gives the City Commission assurance, just as this is the case for the $200,000 that you are appropriating today, that any expenditures will came back to you so that you know specifically what you are appropriating them for. In other words, you are not being asked to appropriate 4 million 8 hundred thousand dollars today. Mr. Plummer: Well, Mr... Mr. Grassie: The second... Mr. Plummer: Mr. Grassie, in that particular area I think the fear, will let me...that I expressed, Mr. Fine, as well as this Commission have expressed that without the UDAG grant, it was pretty well forgone conclusion that this will not fly. Now, assuming that that grant is not forthcoming who pays the $200,000? Mr. G assie: Commissioner, the City pays the $200,000 because getting the report, the development of regional impact report, accomplished is part of the process for applying for the UDAG. So that, we have no chance of gaining the UDAG money if we don't do this. Mr. Plummer: Was there not a delegation, an allocation of dollars the developer for design? Mr. Grassie: Yes, sir. And, they have extended that to carry the design to the point that it has been carried so far. Which is basically conceptual design. Mayor Ferre: Let me, perhaps, interrupt the proceedings and explain where I think we are and why this is important, J. L. But, I want you to listen to me, I won't talk long, but I want to get right to the heart of it. I went up with John Gilchrist, and Dick Fbsmoen, and Mr. Chadwick, and who else went? George Knox and Will Miller. I forget who else was 'there. Mark Israel and we sat for 2 hours at the Department of Housing and Urban Development, HUD. JUL 231919 Mayor Ferre: That meeting was Tuesday, last Tuesday. Now, that meeting was, called by J. Janis, the Under -Secretary of Housing, called me, and hesaid if you want this thing to be cleared up, then I want you personally to came up. And I said, Jay you set the date and I will be up there. And, on his invitation, we went up there Tuesday to sit down with Mr. Chadwick and go over where we were. Let me tell you, that both from the HUD point of veiw, and the administration's point of view, I think this thing is getting closer and closer, as far as a HUD commitment. There is no guarantee, but I think that we are closer than we have ever been to financing of the at least 7 million out of the 10 million from HUD this coming September. Now, with that as a basis, it is my understanding from Mr. Chadwick, who will speak for himself, for the underwriters, can speak for themselves, and bond counsel, that once we get that that everything... all systems are go at this point. Now, the only other requrement is going to be the legal aspects of it. And Ithink,George Knox, I'm going to ask:. you'scmewhere in the next couple of minutes to address yourself to, and obviously, you cannot guarantee anything,; but in your opinion what kind of end result we are going to have, regarding the legal challenges that are being made. So in sum, let me: put it this way, from the underwriters point of veiw, which they'll express, I'm sure, from what I was able to see, and I would like other's opinion here, at UDAG with David'Kordish..and Mr. Phil Cairo and fran J. Janis' point of view and others that we talked to in Washington, the UDAG application is moving along real well and the legal aspects of it are, I think, are well in hand, I think this is a go project and it's a go project real soon. And, the importance of`this $200,000 expenditure today, is, I would litre to hold that up too, but I think that if we hold the pro... that up, what in effect, we are doing, is we will then destine this. project to fall behind 6 months or a year. And, the timing and sequence of this is such that, I think, we have, got to go through same kind of a process like this. Now,; we already have, as I recall, how much invested in this project? UNIDENTIFIED`SPBAKER: 'Approximately 300 hundred thousand. Mayor Ferrer I;don't want to spend 200 hundred thousand dollars anymore than you do, but I think if we don't that will seriously jeopardize the time sequence of this project. And, I would strongly recommend that we go along with it, even though it isa hard decision and I accept the difficulty of it. Mrs. Gordon: Mr. Mayor,;I heard you comments but I've also heard camnents from other people out in the ccumunity and one of the people is Dan Paul, and the opinion is that fran you apparently have.been saying that the project is effectively dead. Are you saying that you don;t feel the project is dead, you feel it's very much alive? Mayor Ferre: Let me ...let me tell you that, and I won't quote the 'gentlemen, but one of the very important in Washington that is involved in this whole project said, that Mr. Dan Paul and Mr. John McMullen, that he was up to here with their phone calls, and messages and memorandums and cases, that are totally irrelevent. He showed me the legal brief, a case having to do with a lease of a...that Dan Paul sent him, of a piece of property right next door, that he said was totally irrelevent. And, I`guarantee you that the welcome of Mr. John McMullen and Dan Paul has warn thin in sane places in Washington. Mr. McMullen spent 45 minutes with one of the top people at HUD trying to kill this project and just oouldn't get there. Now, when, when he was told by that gentleman, well look Mr. McMullen, you feel that strongly about it, fine, you get on a'plane tomorrow and I'll invite Mayor Ferre and we'll just have a debate between the two of you and then..and, because that will educate us a great deal. His answer was, oh no, I don't want to interfere with this project, that's not the role of an editor. Well, if that's not the role of the editor, I:,want to ask Mr. McMullen, on the record, why he spent 45 minutes on the phone trying to kill the project. So, you know, I'll tell you this, that I am very, very strongly convinced, in answer to your question, that this project is go. 84, ; »lg Mrs. Gordan: Another...in the Nation's City Weekly, of course, this is a July 2 edition, it says 275 million axed from finding for UDAG program. And, I'll read you the first...the beginning of it because it does say that and it is in Nation's City Weekly. It says, a surprise setback was dealt to the proposed funding of 675 million for urban development action grants last week, when an unexpected procedural point of order by Representative Robert Bauman, of Maryland, was sustained during House debate on the fiscal 1980 HUD appropriations. The effect of Bauman's objection was to eliminate the additional 275 million or the program contained in the House reauthorization legislation. The point of order was based on the fact that existing authorizing legislation provides for only 400 million and appropriation cannot be greater than it's authorization. There is more too it, but that sums up the article, and again to you, Mr. Fosmoen, or to the Mayor, what affect would this have on the possibility of your receiving funds? Mr. Fosmoen: Commissioners, as the article indicates, the funding level, historically, for UDAG has been $400, 000 . The administration recommended an additional 275, for a total of 675 million. The action that you speak of was in the House. Of course, that action is also subject to Senate review, and the Senate has recommended full funding at 675 million dollars. So, the issue then will go to conference, and I would suspect that it would came out somewhere between 675 and 400. However, one other point, that reduction of 275 million took place after nearly everyone had left the Chambers and those people are supporting UDAG as a national priority, were very surprised when they read about it in the paper also. So, I think, if it came back to the House, that you would find a different response in the House. Mrs. Gordon: In, the same article, further on down, it says that the none in question could be lost by the time the funding measure gets to the Conference Committee. M. Fbsmmmoen: Commissioner, even if under the worse possible circtmstances, we received, our UDAG received the same funding level as it did last year, 400 million dollars, that would not, in my opinion, affect this project. This project is going to be ranked against others that are being considered in this round. Mrs? Gordon: O.k. Mr. Knox, you were going to answer a legal question. I assume you are,going to answer the law suit that has been filed in circuit court. Mr. Knox: Yes, mom. We have responded to the complaint that was filed in the circuit court. The persons that we spoke to up at the Department of Housing and Urban Development had a copy of the complaint and had copies of our response to that complaint. And of the allegations that were contained in the complaint, they had question about only one and they were satisfied, appeared to be satisfied upon our presentation of a document that they requested, that the law suit or the pendency of the law suit, would not be a factor in their consideration of the UDAG grant. Mr. Plummer: Well, let me ask a question. Mrs. Gordon: But, would ... Mrs. Gordan: it be a deterient to the construction and the implementation` of the project? Mr. Knox: Well, that remains to be seen. The question was, whether or not the Department of Housing and Urban Development would view the law suit with disfavor as they considered whether or not to make the, grant.' Mrs. Gordon: But, the real question is, whether or not the grant would remain available for an indefinite period of time while it goes through;' all the levels of the courts. 85 231979 Mt. Knox: They have indicated that law suits are frequent and common occurrences associated with grants. And, it was the ingression that, that I; at least received fmm conversations. withthem, that the project would not, their imput into the project would not hanger the progress of the project. Mrs. Gordon:O.k. But, you didn't answer the question, which is the key question. What period of time, if you received that grant, would that grant be available to the City, Forever more, until it's used, could it be three years, four years, or whatever period of time might the courts may keep this thing tied up. Mr. Fosmoen: Let me, let me give you a local example The first UDAG that wereceived wasfor approximately 1 million dollars. HUD was getting itself organized at that point, but it took nearly 9 months' to negotiate a. contract with them, and those dollars are available during that 9 months period. They didn't call them back. Mrs.' Gordon: That's not a long period though. We're talking about much, possibly a much longer period of time. Mr. Fosmoen: We. also need to recognize, Commissioner, that the bonds that will be issued upon approval of a UDAG will go through validation and that presents, absolutely, no problem to HUD. So, there are always court proceedings, even after they issue a grant, a law suit could be filed. I don't have the impression that they are bothered by a law suit, nor by the validation process. Mrs. Gordon: The only thing...That's not at all what I'm talking` about. I'm talking about an investment of 200 thousand dollars on what security do you have that the project will have that UDAG money available, when and if it's available, to start construction. Because with these other prOblems that you face, it may be a long period of time. It could even be several years. Mayor Ferre: hear from the lawyers on that and from the underwriters. Mr. Don Chadwick. Mrs. Gordon, 1 'in Don Chadwick from Turben. I'm not sure that.I can respond... Mayor Ferre: What, what do you. represent? Mr. Chadwick: Prescott, Ball and Turben, we're one of the two.. Mayor Ferre: And who do they represent? Mr. Chadwick: We're one of the 2 managing underwriters for the Watson Island Project. My associate underwriter is Blythe, Eastman Dillon who is represented here. We attended the meetings with the Department of Housing and Urban Development and our contributions relate to our willingness to enter into an underwriting commitment for the bond issue, as a necessary condition to receiving a UDAG grant. We have indicated to them that we are prepared to do so in...at the appropriate time. Part of the procedures here today are designed to make sure that that timetable is met, so that we are there for the next funding round, which is basically the latter part of September. In order for HUD to' issue a grant, and in order for us to be able to underwrite this, the bonds associated with this project, you really simply have to clean up all of the requirements that HUD has with respect to a UDAG grant. One of those is the environmental impact study. If you don't have the environmental study, it's a very simple process, you haven't met their requirements and therefore, no grant is ever considered because you haven't met the requirements set forth in their rules. Now, I, I don't know if I have responded to your question, but I have tried to. Mrs.. Gordon: You didn't really because I, I know what your role is, and I know what your duties will be at the time that it will became appropriate for you to do that. What I am trying to bring to the table, is the concern of the 200 thousand dollars without an assurance that even if you got the. 86 JUL 2 31979 UDAG grant, you could begin construction of this project until it was cleared through the courts. And, the courts do not necessarily act as promptly as you would like to see than act, on whatever the issue might happen to be. Mr. Chadwick: I guess, I'd have to say I wasn't qualified to answer. about those...the legal processes. Mr. Fosmoen: Let, let me introduce Wilton Miller, he's our counsel. Mr. Miller: Mrs. Gordon, I think I can answer that. It's my understanding, that the UDAG grant funds will be available until deauthorized. That could be several years. During the proceedings at Interama, for example, the government made available 22 million dollars which as yet, not been deauthorized. Mr. Fannato: Mr. Mayor, I'd like to ask a couple of questions, if possible. Mayor Ferre: I'll recognize you when we get to the public portion of i Mr. Fannato: Yea, but I want to talk to the bond counsel an this ques if you don't mind. Mayor Ferre: : 1 do you... Mr. Fannato: You do.: the issue... Mayor Ferre: Mr. Fannato Mayor Ferre: Mr. Fannato: Ernie,;I will recognize...; I don't think you've got enough security for this project. Mayor Ferre: Ernie,;I will recognize you as soon as.. Mr. Fannato: You know it too you... Mr. Plummer: Mr. Grassie. Mr. Grassie: Sir. Mr. Plummer: Your statement before that approximately 300 hundred thousand have been extended, expended to date, of that 300 hundred thousand, I would like to know what it went for and where the funds became available. Can you answer the question? Mr. Grassie: Well, I can tell you that basically, the expense has been 'for staff support for the project, for John Gilchrist's office over a period of years, and the money was made specifically for this purpose through appropriations of this City Commission about 2 years, 211 years. ago. 411. Unidentified Speaker: December of 1975. Mrs. Gordon: Hag much money is in that account, Mr. Gilchrist. Mr. Gilchrist: Originally the allocation fran the Commission in December 'of 1975, was 497 thousand dollars. It included staffing, included preliminary studies, the conceptual planning, and feasiblity studies that were done originally, as you remember by Eeonamics Research Associates and Potter, Fbwler, Ettinger and Hart which were presented 8/ JUL 2 31979 to the Commission.. Mrs. Gordon: Sd, you don't have 200 thousand still in there? Mr. Gilchrist: What's in there at this time, is about 1 hundred an 70 thousand. Mrs. Gordon: Well were is... I know there is more money .that's 'being held.. Mr. Gilchrist: There 's not...there's'not 200 hundred thousand in there, at this time. Mrs. Gordon: Mr. Grassie, what other monies are being held in trust, for the Watson Island Project, and how much are they. Mr. Grassie: You have considered and included in your capital improvement program, an amount of 1 million 8 hundred and 50 thousand dollars as I remember. Which is scheduled for appropriation for the caning capital fiscal year, capital budget fiscal year. In other words, it is inclu.. Mrs. Gordon:' That's in total amount, 1 million 8 fifty? Mr. Grassie: That's correct. Mrs. Gordon: That's total. And that was set aside from the franchise funds that we had. That's a part of it. Mr. Grassie: You have programmed it fran those sources, yes. yor Ferre: So, total we have over 2 million dollars. Mr. Grassie: Yes, but now, just to make sure that you understood what .I said, you have it in your capital improvement program. It will be in >. your capital improvement budget, that is, it will be appropriated next year. Mayor Ferre: ; All right, further. Mrs. Gordon: Is, this one million 8 part of the 20 million guaranteed dollars that the City is going to have to become responsible for? Mr. Grassie: No ma'm, this is in addition to, with regard to the 2U million the City would not put up any cash. This is a reserve fund, which is in addition to the guarantee that we would exercise with regard to the 20 million, but we would not put up any cash for the 20 million. That would be part of the borrowing. Mayor Ferre: As I understand the sequence of events, they go like this, we go ahead with the environmental impact studies, we go ahead in the defense of the law suit, law suits. We proceed in the validation of the bonds, and all of this kind of comes together, hopefully, along with the UDAG application sometime in mid -September to late September. Mr. Gilchrist: Their decision is September the 30th, their final decision date. Mayor Ferre: Who? Mr.` Gilchrist: Hud's UDAG grant program looks to September the 30th as the final decision date. Mayor Ferre: As I understand, and please correct me if I'm wrong, any of you that are here that are involved in this project, all of these things would come together about the end of September, except for the law suit. That, I think, I think at this point then, we should turn to Mr. Knox and ask his professional opinion. Obviously, he can't guarantee anything, as to what he thinks is going to logically happen and what the sequence of events after appeal, are in this law suit. 88 3 1979 Mr. Knox: Based upon our projections there will probably be a final hearing on the question sometime before September 1st. If there is an appeal, there would, conservatively an additional 3 to 4 months in the 3rd District Court of Appeals, and conservatively, another 4 to 6 months to the Supreme Court, Mayor Ferre: Well, I would imagine that with the very capable counsel that we have in Tallahassee that that little thing and all the time ,sequenoes will be expedited, so that we would get through the 1 egal aspects of that it within a year. Do you concur with that, Mr. Olive and Mr. Miller. You do. Mrs. Gordon: I guess the 64 dollar there is, the 64 dollar question is Mayor Ferre: We have at least 3 other ways of financing this proje Mrs. Gordon: Like what? Mayor Ferre: Mr. Fine. Mr. Martin Fine: I think that we...we feel that we'll address that issue in the event that we are not successful in the UDAG application. One of the esstential ingredients of the UDAG application is that the City has taken the position that it needs this Honey to build and complete the project. And, we have not addressed any other method in order to maintain that position before the federal government. Mayor Ferre: And, as of right now, let me correct myself, to be very sure on the record we understand, that we have no alternate ways of financing this on the record right now. And of course, if we don't have a UDAG assurance that we will look very, very carefully to see what we may have missed that would permit us to restructure something that would be reasonable. But as of right now, we really don't see any other alternative. Mr. Fine: Let me cane back. Let me answer the second issue. As a co-defendent in the law suit... Mrs. Gordon: No, no, just a minute, Martin, I've got to ask this question. Under any condition is it that the Interama 8 million dollars might become the Honey instead of the UDAG? That requires a yes or no. Mayor Ferre: Fran whom? Oh well then, I might under subpoena,.. Mrs. Gordon: Would you Mayor Ferre: and I: consider the 8 million do...no... don't have to answer anything yes or no, Mrs. Gordon. Mrs.Gordon: O.k then, answer it any way you want. I want to know, ;as a Commissioner of the City, whether or not, if the UDAG grant is not obtained is, are. the Interama monies an alternative source of funding as far as you're concerned or any other Commissioners that are here. Mr. Fine: I would suggest that the Commission not address that issue, or else we're liable to be in the posture contaminating our application before UDAG. If you do that, in any UDAG application, whether its this or any others, you are going to contaminate the application. Now, that would be my recormendation to you as far as this project is concerned. The second is the issue of litagation as a oo-defendent. Two items. Number one is I don't consider nor do our counsel, which are independent 89 J U L 2 3 1979 of the City's counsel, the issues put forth in this law suit as meritorious, and;I don't believe the courts are going to uphold them. Number two is, that if that is the case, and there is a positive ruling in favor of the City and Diplomat, then appeals may not hold up the project at all, either thefunding or the construction. Because if the underwriters, and the City are satisfied on the legal opinions of the attorneys handling the case that the issues are not meritorious, the superfulous filing of appeals aren't going to hold up a project. And, we've had that in this camnunity on the Dodge Island Port, we had it on the Mass Transit system and we'll have it on many other projects. The real issue is whether, whether the legal issues are meritorious. And, neither the City Attorney nor Diplomat's counsel consider either one of the issues raised in the present law suit as meritorious that would delay or hamper or prevent the, construction of this project. Mr. Plummer: Ronnie, let me ask the hard question. Obviously, maybe no body else wants to ask it. And it really says, why are we/the City, asking, being asked to keep all of the faith. Mayor Ferre: Well, it's our project. Mr. Plummer: Why isn't the developer.. Mayor Ferre: What developer, we don't have a developer. That's precisely the point. There is no developer and that's exactly what we've been arguing with the I.R.S. and with everybody else in Washington. There is the developer, is the City of Miami. It is the City's project. Who you are talking to there is the manager, and all he's got is a maximum 5 year contract with a one year cancellation to operate and manage this project for us, at a rate substantially lower than what Hyatt House, for example, and the Hyatt Hotel chain is going to get for managing any hotel anywhere in the world. Mr. Plummer: Let me rephrase my question. Why isn't the party, who is going to split the profits with the City 50-50, even at this point, putting up 50-50 of the design money. I think that is the gut question that we aregoing at right here. Mt. Fine: `well let me address, let me address the issue. Diplomat paid for, in full, all of the items provided and required by it in its original contract with the City. That included all of the activities up and through the design, conceptual and original eoonanic validation of the project. All that has been done, completed, and paid for. Mr. Plummer: O.k. How much? Mr. Fine: It will amounto to an excess of a ig million dollars. Mr. Fine: O.k. Then, in order to meet the I.R.S. test and reduce the term of the contract fran 30 years to a one year renewal contract, there was a cut-off on all of the expenses that could be expended by Diplomat because we are no longer a developer in the terms of a private co -venture or partner with the City. We are now under a new contract. As of sometime in January, our obligation to spend money ceased. Because we had completed all of the items that were required under the contract. However, in order to move the project forward, the City, the underwriters, the bond counsel, the architects, the consultants, and Diplomat have considered to incur expenses to incur time, and to incurr the energy and risk to bring the project to where it is. The underwriters have JUL 231979 substantial and considerable fees and expenses with their attorneys. with their people etc. They are ready today to get authorized to go validate the bonds. That's the confidence that they have from their own knowledge and their own involvement in the UDAG application as to how they believe that the project will be forward. The Bond Counsel is continued at great expense to themselves. without payment by the City because they only get paid if and when the bonds are validated to now take this indenture and to go validate bonds. So all of the parties related to the project are continuing to expand at their own risk their own funds because they believe that this project will receive the grant and that this project will be developed. Mr. Plummer: Well, but these bonds will not be sold until such time as knowledge is forthcoming about the UDAG grant. Mr. Fine: The bonds will be validated,,but they won't besold; until the:: Underwriters are satisfied that any differential between the fifty-five million dollars and the final cost of the project is covered from one source or another either UDAG grant or another source. Mayor Ferre: In effect, what we are saying with this action today once more is we believe and` we are moving forward in a appropriate pace. And what we are going to do` is bring all these things together hopefully before the end of .this year, so that we can proceed. Now, the only question is the legal aspects; of it. But I think we are going to be able... the bond people are going,to feel strongly enough that beyond a certain point in the legal aspects;. of it,:they are going to feel that we are safe enough to proceed and that's 'going to: be the acid test. The acid test isn't going to be before a court=and it isn't going to be in Washington with UDAG and it isn't what the editorials of the Miami Herald is going to say. The acid test is when we put"out sixty-five million dollars of bonds that are only secured by twenty million dollars worth of guarantee... fifty-five, I'm sorry-- fifty-five of which are.only.guaranteed by twenty million of the City of Miami and somebody is going to be, out their holding thirty-five million dollars worth of bonds that don't have a mortgage, don't have the City's guarantee and don't have" anything to look forward to but the success of his project. That's when we know that here is alive tivoli Gardens Project on Watson Island. Mr. Finei .And the final thing is that the validation of the bonds will address all of the legal issues that are raised relating to this project. That's what the process of validation of bonds requires and that's why it's existing. And all of the people that have legal questions, the proper forum for them to address is to appear at the validation. That's why it requires the filing of the validation, the'public notice so that any parties with any legal questions any challenges against the issuance of these bonds come forward before the court. That's the proper forum to handle it. Mayor Ferre: Alright, other questions? Mrs. Gordon: Mr. Fosmoen, you made a statement before and youweren't too definitive about it, but you intimated that it would be better to have this environment study, but that I gatherfrom your words that it wasn't mandatory. Mr. Fosmoen: Mayor''Ferre Mr. Fosmoen: the DRI and tl Mrs. Mr. They told usto. proceed. Who is they? I'm sorry, the UDAG people in Washington told us to proceed with e EIS precedent. to their final ruling on the UDAG' application. Gordon: They said it was Fosmoen: Yes, mandatory. Ma'am, we have to get that out of the way. Mayor Ferre: Alright, Ernie, I`think it's time now for you, to ask your questions. Mr. Fannotto: Yes, I would like to ask the City Manager a question. Mayor "Ferree Go right ahead. Mr. Fannotto: Mr. Manager, we have twenty; million" dollars to lose in this case, is that right? That's to build':` the project to start with is that right? gl JUL 2 31979 Grassie: That's a rhetorical question, Ernie, of course, the answer is i�nntI:. Mr. Fannotto: Well,what are you pledging. much bond Money are we putting up? Mr. Grassie: Let me explain it this way. Mr. Fannotto: No, just answer that. How much bond money >is.the City Miami putting up, letirz not go around the bush. Mr. Grassie: Well, you get to ask the questions, but I get to give the answers .Ernie, ok. b ;;ity will put tip a guarantee that in case the project doesn't `: pay bond service, debt service, that the money that the City puts up to guarani: ,.?. the t~ ,-ant•' million dollars will be used. Now, in this case the. money which is pledge will be. the guaranteed entitlement which the City gets `„ from State revenue sharing, o'.:.. That is put in context as the Mayor already told you of the fact that the private sector is risking thirty-five rriillion' dollars of their money and the only guarantee they have is Mr. Fannotto: Mr. Manager, I'm not interested in what the private putting Up Mr. Grassie: Please, don't interrupt... Ernie, please don't interrupt me, let me finish. Thanks. Andthe only thing that the private sector has by way of a guarantee is the project itself. Now, that has to put into context for you the reasonableness of the City depending on the revenues of the project. We depend on the revenues of the project to pay off the twenty million dollars, but if that should not reach for some reason backup guarantee is the one I have i nd i c:; 1 tee to you. Mr. Fannotto: Weil, what percent of interest.; be bought at? Mr. Grassie: As low as possible, of course. Well, of ,course,- when they are sold, but I would say under :eight percent Mr. Fannotto: ,Under- eight percent? Mr. Grassier YeS. Mr. Fannotto: Now, how much have you calculated that over a period... ho',J many year bond issue is this? Mr. Grassier: Well, again, that would depend on the advice that we get from bond underwriters L!t: the time that the issue goes to market, but I would estimate thirty years. Mr. Fannotto: How much? Thirty -years? Mr. Grassie: Thirty years. Mr. Fannotto: Is that right, the bond issun is thirty years? And how touch wil.1tha,. coot oe r thirty years if :it's a failure? . No, let's: know about in case it le we... 7_ think the home owners and taxpayers should know. Mr. Grassier If you are asking me how much the ;interest. Mr. Fannotto: Now much the bonds are going to cost plus the inteest and principle? How much? ;Mayor Fclre: Twenty million doi.larsr.. Mr. Fannotto: Now, over the period of thirty years. what', total cost? Mayor Ferre: No, no, no, the question really is how:. much can the City of Miami lose if the project goes bad and the answer is twenty million dollars. Mr. Fannotto: No, no, no that's not the answer at all. How much... f. we don't pay these bonds off in thirty years, how much are the property owners going to get stuck for over a period of thirty years? Now, I would like to have the bond people tell me what the entire cost is going to be because there 92 JUL :i1979 they know exactly, over a period of thirty years. MrGilchrist: There is no advalorem taxes applied to this would be nothing, the answer to your question Ernie. Mr. Fannotto: What's that? Mr. Gilchrist The answer taxes are not. so it 0 Your question is nothing because Mayor`Ferre: This is a revenue bond. Ernie Mr. Fannotto: Well, let's know ,again. Are piedging the franchise against" these bondssMr. Manager? Mr. Grassie: No'. Mr. Fannotto: Well, what are you pledging? Mr.Grassie: As 1 indicated to you just a minute ago what we Mr. Fannotto: What are you pledging as. security? Mayor Ferre: Let the man answer. Mr. Grassie: What we are pledging revenue sharing, ok. you know the difference. advalorem ax money s the guaranteed entitlement from Mayor Ferre: Up to twenty million dollars. Mr. Grassie:, Now, what I think was the thrust of your question was how much do you have to pay for a twenty million dollar issue over a thirty year period. At this interest rate you would approximately pay another twenty million dollars. State Mr. Fannotto: No, I think you are wrong. I think it runs about, just about two and a half times. Mr. Gilchrist:' , about thirty-five million total. Mr. Grassie: Tota12 Well, then I'm wrong by five million dollars. another fifteen °million ` dollars.` Mr. Fannotto: Well, the last time I. asked you, you know, you saidthat it wasn't going to be advalorem taxes it was going to be revenue sharing money.,, Do you remember that? Mr. Grassie•, About Well, that's still true. Mr. Fannotto: Well, now that can't be true, because I will. tell you why Mr. Manager. And I hate for you to stand here and tell all these people an untruth.. You have already pledged the revenue sharing money for pension money, for City salaries, Police Department. Now, if you pledge it for that and this is a failure, what are you going to do t- replace it for the rest of the departments. I ask you that question now. Mr. Grassie: Mr. Fannotto: on it. You are painting the worst possible scenario... Well, now, wait a minute, it's business and let' Mr. Grassie: You are painting the worst possible picture Ernie and you know, that's something worth... Mr. Fannotto: No, not the worst. If it comes to the worst the property owners are stuck. I know it because the revenue sharing money is going for this and, you won't have a Police Department and you won't have a Fire Department,I can;. tell you that. Now, listen Mr. Manager, Mr.•Grassie: Do you want an answer or do you want to talk? Mr. Fannotto: No, about. gl I don't have an accurate answer, that's what I'm concerne JUL 2 3 1979 Mayor Verve.: Alright, anything clsc., Ernie? Mr, l''ratnr �t.t:c:: Well, Mayor, I just want to conclude by saying and I'm going to .,tllc you :t c ueet:ic,n. Why is it you don't get the taxpayers to vote on these bonds? Covoro+tt itt belong to t:he people, they are the one:; that's going to oot. tirc t' i 1. I IC the f rancht so money goes up the flue, which it probably will. Why ` i `,'lu don't wcfltL- the pee ' l e to vote? Answer me_ why. Mnyot 'errAe: Er.ni.e, the law in the State of Florida and the. Constitution of tlw United ` tat 'c has rt Repoh?.ican form of Government. Now, listen tote,:. wc' are elt.`Gled the fh:2 Ceml.SS'.on like a legislatru:e, like Congress is elected.-. tri fir 1 r dc.isi on :. Nnw, cl+.:,<;e. itemunder the law that where you have ad-vaioren t:,i.xes, t .ope -t:y t,iw.c:; involved 'n.rst b,: put on a referendum. There isn't. :J CemloisHon ipeeting 4li:Nr: 1'i: ' ty of, Miami does not vote on major i.:s;l!e•:.; of millions of t'ellni:s that 'o not affect advalorem taxes, that' what we are up here to do, that's what we get elected to do. Now, this a project that we have hen discussing for the last four years. This Commission has been voting on Lhis thing and voting on this thing. I was challenged on the last time I ran i:or public office a year and a half ago,• two years ago, I was challenged on this thing and I assumed the fact that I was successful and others that have run since this thing was discussed is an indication of the fac'. that the people of Miami do not have that strong,a • feeling; against this project:. Pow, it is in my opinion again, that this is an item that should be voted upon by this Commission. We have the legal authority and in my opinion the moral obligation to do so. • Mr. Fannotto: When you have the monies at hand you can do it; :but when using franchise tax money that's... Mayor. Ferre: We are net, using franchise... Mr. Fannotto: Well, what are you using as .pledging a secure? Mayor Ferre: We are not using franchise...that has been answered. Mrs. Gordon: Revenue Sharing. State. Revenue Sharing. Mr. Fannotto: Alright, what are you going the revenue bonds? Then what Mrs. Gordon: Mrs. Gordon: Talk to him, that's his project: Mayor Ferre: We are pledging twenty million dollars. Mr. Fannotto: Well, Mayor, let me just tell you something. .I'm surprised: as I said a while ago the government belongs to the people and this bond i.nr;ebtecint s; :;trou:ld be voted on by the people, but you are defying the people e You say you have a right. But let just tell you something. You haven't heard the :gad of tl-ii:, because t:his is going to be brought up in the next election and I got ;reps for. you. The people are just tied of money being spent, i:l:: Lr. own money and you don't have enough to run your government. Your City i•i:nrrrp,er cold you he is going to have to layoff employees, he doesn' have enough to pay this and pay that, but yet you are undertaking a project you have no husine;::: taking. And I want to conclude this is the shabbiest and the ,.i .l :: ojec:t that was ever undertaken in the history of Miami. If Abe Aronowi to a former Mayor was here... I mean, if he knew this he would .come up out . hiy grlve. And I tell you Mayor, you are doing the wrong thing and the people will react. Mayor Fe•rc: Well, Ernie, I respect your opinion and'I disagree with it. The matter... is there anybody else who wants to ask any. questions on the;: Commission? Ms. Alexander? Ms. Ade ander: Good afternoon, Mr. Mayor and members of the Commission, I'm Selma Alexander of 2323 South Miami Avenue. Again, probono publico if I may. ti I'm cooeornr•d that this matter never came in terms of a change of usage before a Planning Board with public hearings so that the public could be informed Now, :i.t ,,rim!; to n;c. it's Parks and Recreation and we get things like, they are going to change something from R-3. to PR and eighty thousand people come down and .:heels on these things. This never came before the Planning Board arid I'm concer:rent as to the legalities. I. would like that question answered. g1 94 JUL ' 31919 Mayor Ferre: Mr. Knox, perhaps you can address... I recall at least three different public hearings that we have had on this item, may be more, but... George can you answer that? She has asked a legal question. She said are we proceeding illegally? Mr. Knox: Now, if she is referring to public hearings concerning this item again, one of the representations that we had to make in support of the UDAG grant application was that the requisite public hearings which were required by their application procedures had been held. Now, if Ms. Alexander is talking about specific planning and zoning associated with the actual construction +of the project, it may be premature at this time to have had those kinds of proceedings. Ms, Alexander: May I... I'm not a lawyer and I can't respond to that legally, but it occurs to me that if there were requisite hearings of this nature, that before we embark on validation of bonds and or leases and franchises with private enterprise, that we could clear the decks. You are going for a DRI and you are going for all these other things, but no where has this been heard for the public to say "no we don't want Tivoli Gardens on Watson Island", for example. Mayor Ferre: We have had public hearings on this item at least two times I can remember. We had public... Ms. Alexander: Well, may be I was out of the Country. A lot of things happen when I went out of the Country, but I` never was at a public hearing where I could personally exercise my right to speak. Mayor Ferre: Well, I would like... Well, I am sorry for that Mrs. Alexander, that you were travelinf during those times. But let me remind you as to when the days were that we had public hearings. We had public hearings originally and the whole subject matter when Mr. A. N. Pritzker was going to head this project and that goes back to the days of Paul Andrews. Subsequent to that we had public hearings when we chose a developer and there were two finalists that came in and there was a whole series of public hearings on that. That was the second time we had public hearings in these chambers. The third time we had public hearings is when they came back with a report and that they defined after dual and ERA and everybody had commented as to what the project was going to look like and the Chamber of Commerce was involved and that was a public hearing. And the fourth time we had a public hearing was when they came back with some contract changes about six months ago or eight months ago or a year ago and I•think we had a public hearing at that time. Now, Mr. Knox, for the record would you please have somebody in your staff investigate the number of public hearings that we have had to the Clerk's Office and give us a legal opinion and if in your expertise you feel that we have had with the four or five public hearings that we have had and I'm sorry that Mrs. Alexander has been outt of the Country during those hearings, whether or not we have had sufficient public hearings. Ms. Alexander: May I interject one thing, please? I wasn't out of the Country for all of those hearings and I think I raised this question once before as to the validity of the usage of this property since it had not yet been brought before the Planning Advisory Board for a change in use, in a sense. That was number one. Number two, one of the little trips I took out of the Country was quite recently and I was privilege to be in Copenhagen and to not revisit, but to visit Tivoli Gardens, also to be very involved with the head of the politicing which is the Danish newspaper, the managing Editor of that. And with other people in Copenhagen who are very involved with their Country and I must say they find the idea of Tivoli Gardens on Watson Island rather strange, because it's such a Danish thing, you see and it has over a hundred years of history and I... I appreciate your visionary ideas Mayor, but I find personally having seen what's there and not really knowing what will happen here, that we need more dockage space for boats and we need lots of other things before we need Tivoli Gardens in on that. I will rest, but I still think it needs to come before the Planning Advisory Board for a determination as to the usage of this piece of property. Mayor Ferre: Selma, let me ask you a question. Didn't we have. didn't we have a change in the master plan? When the master planwasadopted the specifically states on the plan document a theme park. Mayor Ferret Now, was there a public hearing when we adopted the master plan? Fosmoen: Yes, sir., Mayor Ferre: Alright, ,that therefore, is the sixth time that I know of tha we had a public hearing where Watson Island was' specifically discussed. Mrs. Gordon: Wait a minute, say that again Dick master plan calls for an amusement park? Mr. Fosmoen: Theme park, yes, Ma'am. The map document in the master plan describes Watson Island as a theme park public recreation area. Mayor,Ferret And that was a public Mr.. l osmoen: That's right. Mayor:Terre Ok, thank you. Mr. Plummer Alright, let me ask this question. I keep getting back to keeping the faith and... at this point how much has Diplomat World put into this project and how much has the City put into this project? Mr. Gilchrist: I would like Diplomat to answer Mr. Plummer: Well, fine, .you answer Mr. Gilchrist.: Mr. Plummer; Mr. Fine: Mr. Plummer: Our half is about Alright. yourhalf their, half of. it. three hundred thousand .dollars. n excess of:half ,a million: dollars. It makes me think a _little differently, doesn't it? Mayor Ferre: Well, look, I think we all know which way... Plummer, I pass the gavel on to you and ,I move this item. Alright, I move Item #-- what item is this? Mr. Grassie: Mayor. Terre: Mr. hacasa': Mr.. Plummer: members? You are talking about Mayor. ..22 as presented and recommended by the Manager. Second. A motion inade and seconded, any discussion among Commission Mrs. Gordon: Discussion on the motion. • I think the expenditure of money for. an iffy proposition without any alternative use for... without 'any other alternative sources of funding being. stated places upon us a great responsibility of possibly losing au additional two hundred thousand dollars of sorely needed funds the City can hardly afford to wait, particularly in the budget°year such as we have right now where cutting back on all of our essential `services or Police and Fire protection services need reinforcement. The monies that we are going to be using are monies that could gogo::intothe:'general7771UndeThey'.: are not ear marked monies that cannot be transferred`to the; general fund and" I believe that this City should act in a much more responsible fashion than -to expend two hundred thousand dollars on a long shot which might produce bigger "> results if it was used in Las Vegas. Mr. Plummer: Any further. discussion? Let me take'the privilege of discussion' and I want to say that when I walked in here I felt differently.' I thought that really in fart we were being asked to keep all of the faith and'that Diplomat World was not. I think that really my question was:answered by my prior remarks about a fifty, fifty. it would seem logical to:me that they :have"< put up in execs:, of five hundred thousand at this point, we; are into it three.` This is money that will be reimbursable to the City at the conclusion.., the successful conclusion. I then will change my mind and -vote with the:motion rather than oppose to the motion and I think, you know, the key to me was that gl 96 JUL 231979 request, that you make that your Mr. Plummer: Continue the roll call. we are fifty, fifty. It then becomes a fifty, fifty situation. So I'm just making that for conversation or for my... clarifying my position. No further discussion, call the roll. Mrs. Gordon? Mrs. Gordon:; Wait, just one comment thatis to clarify the records that the City Commission is in power to make decisions and has on various times, but when it, came to deciding whether to servebeer in the Orange Bowl, we let the people decide. It seems to me this is a much, moreimportant issue and, yet this Commission has not chosen to let the people talk. Mr. Plummer: They spoke about the beer, but they didn't talk about enlarging the bathrooms. Further discussion `;call the .roll. >. ON ROLL CALL: Mayor Ferre: Before I vote let me ask the Manager how much money the City, of Miami is risking in the project which is titled James L. Knight Convention/ Conference Center?: Mr. Grassie: The City will have a total investment in excess of fifty million dollars, Mr. Mayor. Mayor Ferre: Yes. ow much are we going to; have a bond issue for Mr. Grassie: Well, our bond issue will be approximately thirty-six million dollars, but in addition to that you know that we have cash from various sources that has been put up. Mayor Ferre: I don't see anybody screaming to have that put on a referendum and so therefore, it is a matter of judgement. It is my judgement that the City of Miami Commission has the authority and the legal and moral obligation to make these type of decisions as we are elected to do. I think this is an appropriate expenditure. The difference between this and beer, is that. there are some people who have very strong moral feelings about alcohol. therefore, that is a moral question. This is not a moral question. This is a question of judgement; as to whether or not this project makes any sense and I vote with the project. the Convention Center... Mayor Ferre: That vas a statement made during a vote. I would respectfully after the vote is taken. Mrs. Gordon: I would like to recall to whoever is listening to the statement that the issue of a Convention Center was put to the voters of the City of Miami several years ago and they did vote a bond issue. Part of those monies are part of the funding sources that are presently being utilized. So the people did speak to the issue of whether or not they want a Convention Center. I vote "no". its gl The followingresolution was adoption: introduced by Commissioner Ferre, RESOLUTION NO. 79-524 A RESOLUTION AUTHORIZING THE CITY MANAGER TO _ EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND R. DUELL AND ASSOCIATES, ARCHITECTS, ENGINEERS AND PLANNERS, FOR PRO- FESSIONAL CONSULTING AND DESIGN SERVICES IN CONNECTION WITH THE WATSON ISLAND PROJECT FOR AN AMOUNT NOT TO EXCEED $4,820,000, SUBJECT TO AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXPEND NOT MORE THAN $200,000 FROM THE WATSON ISLAND CAPITAL IMPROVEMENT FUNDS FOR PAYMENT OF INITIAL SERVICES TO BE PERFORMED UNDER SAID AGREEMENT; FURTHER AUTHORIZING THE TOTAL EXPENDITURE OF NOT MORE THAN $4,820,000 who moved ■II..■-i_ 97 1979 FOR ALL SERVICES TO BE RENDERED UNDER SAID AGREEMENT CONDITIONED UPON SUCH FUNDS BECOM- ING AVAILABLE BY MEANS OF THE SALE OF BONDS, THE RECEIPT OF GRANTS, OR OTHER SOURCES, AND FURTHER CONDITIONED UPON SAID FUNDS BEING APPROPRIATED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa, the resolution Was passed and, adopted by the following vote: AYES: Rev. Gibson, Mr. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: Mrs. Gordon ABSENT: None. Mayor Ferre: The vote was four to one and I would like to say that the vote on the Convention Center was in the year 1954, if I'm not mistaken. Mrs. Gordon: You are wrong. Mayor Ferre: 1958? Mrs. Gordon: No. 1964. Mr. Grassie: It was 1963 or 1964, Mr. Mayor. Mayor Ferre: Ok. It: is now 1979 and that... fifteen years have gone by and the vote was for four and a halt and that makes as much sense as other statements that have been made here today. 35. AUTHORIZE ISSUANCE OF • $55 MILLION CITY OF MIAMI PUBLIC IMPROVEMENT REVENUE BONDS Deferral ot consid(xaLion of "THEME AND AMUSEMENT PARK" WATSON ISLAND Mayor Ferre: Alright, we are on item #23 which is authorizing the issuance of... Mr. Plummer: Let me understand one thing on 23 very simply. None of these bonds will be issued until the determination of the UDAG question, is that correct? Mr. Gilchrist: That's absolutely correct. Mayor Ferre: On the record. Alright, is there a motion on 23? Mr. Lacasa: Move. Mayor Ferre: It ' s been moved, is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded by Father, further discussion, call the roll. The following resolution was introduced by Commissioner Lacasa , who moved its adoption: RESOLUTION NO. 79-525 A RESOLUTION AUTHORIZING THE ISSUANCE OF ,NOT TO EXCEED $55,000,000 CITY OF MIAMI PUBLIC IMPROVE- MENT REVENUE BONDS, SERIES 1979A AND SERIES 1979H (WATSON ISLAND PROJECT), TO PAY THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, OWNING, OPERATING AND MAINTAINING A THEME AND AMUSEMENT PARK; AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; PROVIDING FOR THE VALIDATION OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. i a 98 gi J.UL 2 3 1979 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded, by Commissioner adopted by the following vote: AYES: Rev. Gibson, Mr. Lacasa, Vice -Mayor Plummer and Mayor Ferre. NOES: Mrs. Gordon ABSENT: None. 36. AUTHORIZE CITY MANAGER TO EXECUTE AMENDED AGREEMENT: ROCKWELL INTERNATIONAL INC. ROCKWELL AUTOMATIC FINGERPRINT SYSTEM Mayor Ferre: Take up Item 24, Rockwell International Inc... Mr. Plummer: Mr.Mayor, I once again request that be. deferred Mayor Ferre: Now, yotv wanted to have ,the Police, Department` here Mr. Plummer: Mr. Grassie: Yes, sir. s, and we do, Mr. Mayor. Mayor Ferre: Alright,,why don't you have them. hear from the Police Department? Mr. Plummer:' Well, Mayor Ferre: you can hear from Go ahead. Gibson, the them, surely. resolution was passed'and- o answer that. Do you mind J. L., if we Mr. Grassie: I would like to have Chief Harry Griffin comment on the information of the City Cotmnission, Mr. Mayor. Mayor Ferre: `Go ahead, Chief. Chief Griffin: Thank you, very much. This is a request that the original contract with` Rockwell' International fot a ,latent fingerprint system 'wnicn was executed in 1977 be amended. In the early Spring of 1978 Rockwell annouced to us after several conferences that they would not be able to live up to the technically specifications of the original contract. Basically there were two differences in what they could produce and what they had contracted to produce. One involves the time element of how long it would take to make the searches for the matches. The other one involve the number of minutia necessary to make a match of each fingerprint that was identified. We have been in negotiations with Rockwell since that point and time trying to settle the differences and still see if there is a workable system. Rockwell is now marketing a system, it's in operation in Minneapolis Saint Paul, Saint George County, Maryland, Royal Canadian Mounted Police, Houston, Texas as contracted for the same system. It is basically the same equipment that we contracted for. The difference being that they cannot guarantee that it will do it as. fast as the origlnal contract said they could do it or that they could do it with only twelve identifiable minutia per print, now they say it will require sixteen per print We have observed this system in operation in Minneapolis Saint Paul.. We have throughout these negotiations attempted to get something that is flexible, usable and practical to the Miami Police Department of the City of Miami. What we observed in Minneapolis Saint Paul was satisfactory and they were solving cases that would have not been solved without this type of equipment and we felt very confident about it. They are marketing the equipment at the present time, Minneapolis -Saint Paul which was purchased under a LEAA grant for seven hundred ninety thousand dollars. It's my understanding that Prince George County, Marylandpaid somewhere in the vicinity of eight hundred thousand for their system at which we will still be getting for the original contract price of just over four hundred thousand. In addition to that because they have from the beginning taken the posture that the state of the art is such they will never be gl 99 JUL 2 3 1979 this for 740IMiulrndea04.1w. :aakw, tiTv.r�a++.ur: • Mayor Ferre: That Mr. Plummer: Well, if I'm not mistaken. able to meet the original specifications that was in the original contract. They have agreed to for a three period provide us free of charge all software improvements, for a two year period provide all hardware improvements to any of this equipment.- They have also agreed to a different acceptance test which would provide for us to use a hundred thousand fingerprint base for the; test. rather than ten thousand that others are using. This new contract or' :the 'agreement for an amended contract provides for an option for the City to not accept for a number of reasons excessive down time defects and workmanship, etc..We estimate that by using this equipment that wewill probably be able to clear - four hundred to four twenty-five cases per year that we are presently are not able to clear because of the titne element in having to research by manual methods per single fingerprint latent "systems. So we would recommend%" that:, we amend" the contract and put-Chase'the system they have available for purchase. Mr. Plummer: Chief Griffin, how many- of these machines does the FBI have? Chief Griffin: The FBI doesn parts of the system.• t have :a total that are super fabulous system they have only component' Mr. Plummer: That's right and the reason they don't have one is because they don't have one that works"that well. What happened to the machine of°Calspan Chief Griffin Mr. Plummer: Chief Griffin Calspan went out of business Why did they go out of business Chief?, I guess they had no other buyers. when Rockwell got the contract. Mr. Plummer: No, the truth of the matter is that they went`. out because they made promises they couldn't keep. not likely to happen to this company.""" let me tell you that this company"' bought out Calspan business Mayor Ferre: Well, Rockwell is not exactlya small little company. Mr. Plummer: I well understand',,,what-, you are saying. You"know, this machine" Mr. Mayor, is something that:isi... unless You, understand the • machinery .and I" spent a lot` of time going into:. this -before Mayor Ferre• J. L., I don't question your knowledge... Mr.. Plummer: All I'm saying, iothat I;. want to be satisfied when we are, spendin a half "a pillion dollars andtlaat'-s what we are spending by the time this thing gets on line. That -when we:spend this half:, a million -dollars,'. I personally wantto,be satisfied. that we got".a straight shot at it, because:I don't agree with it at this, present, time, Ibave not had enough material and I went into this thing quite ectensive1y. I`still Mr. Mayor, move that this. item be deferred. Mayor Ferre: Mr.'Lacasa• Alright, Seconded.` there a second "to:.that motion? Mayor Ferre: 'Alright,Mr. Grasi;ie, 3:. you want to talk... Mr. Grassie: :' Just, so that we can be helpful to Commissioner, Plummer in, the meantime, because we do want to .bring this back to""you, "if we could get some indication Commissioner, what it is that you would like us to get from you. Mr. Plummer: Yes, sir, I want t:he same man :from' :Rockwell who came' down here to convince me before when I'off ',ered themotion, to come back and show me that he now has a workable product. Mr. Grassie: Well, if the may want to take advantage to one or two sites where only way of demonstrating, gl Commission would agree, I would 'suggest. that we of thepossibility of taking Commissioner Plummer these things are working,because' that, maybe"the to your satisfaction that... 100 i.wi ii.aii I[Ii1�iill JUL 2 31979 Mayor Ferre: I think that's absolutely essential if he will do it. Chief Griffin: Might I Jostbringout that, that individual is no longer with Rockwell since he sign the first contract and... However, his counterpart who is now on board, I'm sure will be available to either come here or go there. Mr. Plummer: representative of Rockwell. Mayor Ferre: Alright, there is a motion for deferral, call the. roll, ON ROLL CALL: Mr. Plummer: So that there is no misunderstanding Chief, I would hope that`. this matter could be resolved at our next meeting. I vote "yes". THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 24 to the next Commission Meeting was introduced by Commissioner Plummer, and seconded by Commissioner Lacasa, and was passed and adopted by the following vote: AYES: Mr. Lacasa, Rev. Gibson, Vice -Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: Mrs. Gordon. 37. ACCEPT BID: ANDY FRAIN - FLORIDA INC. CROWD CONTROL SERVICES AT THE ORANGE BOWL STADIUM Mayor Fern: We are now on Item 1125 which is accepting the bid of Andy Frain... Mr. Plummer: I move it. Mayor Ferre: Mr. Lacasa: Mayor Ferre: There call the roll. Plummer moves, s a second by Lacasa further discussion on Item` The following resolution was introduced by Commissioner Plummer its adoption: RESOLUTION NO. 79-526 A RESOLUTION ACCEPTING THE BID OF ANDY FRAIN-FLORIDA, INC. FOR FURNISHING CROWD CONTROL SERVICES FOR THE ORANGE BOWL STADIUM, AS REQUIRED; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AP- PROPRIATE AGREEMENT BETWEEN THE CITY OF MIAMI AND ANDY FRAIN-FLORIDA, INC. FOR PROVIDING SAID SERVICE IN ACCORDANCE WITH THE TERMS OF THE BID, WITH FUNDS THEREFOR ALLOCATED FROM THE ORANGE BOWL OPERATING BUDGET. (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 an adopted by the following vote: who moved AYES: Commissioner Rose Gordon Commissioner Armando Lacasa ommissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. of 101 JUL 231979 Original label 4#38 of this •resent one. was typed in error and has been corrected by means 38. ESTABLISH MOORING AREA AND ASSOCIATED DINGHY DOCK AT DINNER KEY MARINA, ETC. INSTRUCT CITY MANAGER NOT TO UNDERTAKE WATERFRONT IMPROVEMENTS WITHOUT OBTAINING RECOMMENDATION FROM THE WATERFRONT BOARD. Mayor Ferre: Now, we are going to take up Item 29, which is the next matter in our agenda. Mr. Plummer: Mr. Mayor, this was out of courtesy to Mrs. Gordon. It was asked by her this morning;. that this be held. Mayor Ferre: Would you tell Mrs.: Gordon that (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) we are on Item 29. Mayor Ferre: We held up because this was an item of your interest, it was 29. This is authorizing the Manager to provide sixty-nine additional mooring, spaces at Dinner Key as recommended by the Waterfront Board and accordance with the Plat plan submitted by the Administration. Mr. Grassie: This is an example Mr. Mayor and members of the City Cominission, of the Administration working with the Waterfront Board on a proposal and. after having their full review of it bringing it to you with their recommendation to proceed. Mrs. Gordon: Ok, just tell me where the inoney i Mr. Grassie: Themoney would be advanced by the fund which is set aside for improvements and would be repaid, to that fund-- we are talking about improvements to the Marina--- would be repaid to that fund froin the charges for mooring. Mrs. Gordon:: Ok. And how much is the budget on.it? What is it? Mr. Grassier At this stage approximately twenty-five thousand dollars Commissioner. I think that may go up slightly, but our estimate at this point is twenty -five thousand. Mrs. Gordon: Mr. Plummer: c it's a relatively small amount of money. hat's the anticipated revenue?' Mr. Jennings:- ; Approximately twenty-five thousand dollars a year. ;In,other` words, we can advertise it in one year. Mr. Plummer:. So it will be paid for,in one year? Mrs. Gordon: I think that's fine and I"approve and move ready for a motion Mr. Mayor. Mayor Ferre: Yes. Alright, there Mr. Plummer: Second. Mayor Ferre: Plummer. Further discussion on Item 29? Mr. Lacasa: I have something to say here. t, 'if you are Mayor Ferre: Alright. Mr. Lacasa: Mr._Grassie? Mr. Grassie: Sir? a motion by Mrs. Gordon and seconded by.. Mr. Lacasa: I see that this question was referred to the Miami Waterfront Board for consideration and they approved it. So on those basis I am going to vote with the motion. However, I would also like to raise a question about the work that is being done or is planned to be done in the Dinner Key Marina without having referred this same situation to the Miami Waterfront gl 102 JUL 4 3 1979 Board. It has been called to our attention the fact that the Administration intends to do substantial work and redesigning in the Dinner Key Marina and that this has not been referred to the Waterfront Board for their consideration. Mr. Grassie: I believe what's been brought to your attention is incorrect. Commissioner.: The City administration is operating under a specific directive of this City Commission,that .we.'move forward with design and bond issue 'construction of Marina improvements. However since taking that decision you have also established, a Waterfront Board and it is our intention to work fully with that Board at each step of the way as we go along in this process and as a matter of fact that has already started and they have reviewed a comprehensive development°schedule for this Marina. already. And that's simply the first step. So that we :intend to work with them at every step as we go through this process and if they have some recommendation which is different than a position that you have taken in the past ,;I'm sure thattheywould have made that known and then we of course, would bring it to you. Mr. Lacasa: Well, after this ;motion is voted upon,. I- will attempt to introduce another: motion. Mayor Ferre Ok, I will recognize you for that purpose. Mr. Plummer: Mr. Lacasa, that is called that. the Administration shall to love the Waterfront Board. Mayor Ferre: ` Alright, call the roll. Mr. Jaffer:' Mayor would like to speak Ferre: Alright, go ahead. Mr. Jaffer: Mr. Ongie: learn to the motion before you take a roll call. wouldn't: mind:: this if it was made. Identify yourself for the record. Mr. Jaffer: Joel Jaffer, 3268 Mary Street. I'm just a spectator to this hearing of course, but I wouldn't mind to this project if it was made under the threat that if we don't have these moorings you will expand Dinner Key,. but absent the assurety that you won't', expand Dinner Key anyway. I would object to this because this is the... one of the last lands in the City where boaters can use this public lands` as public lands free of charge and that. this is another act 'by ;the City to take away the public use of the lands and tax it and expose it to all kinds of sanctions and as so forth. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Gordon, who move its adoption: gl RESOLUTION NO. 79-527 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A MOORING AREA AND ASSOCIATED DINGHY DOCK AT DINNER KEY MARINA IN ACCORDANCE WITH ATTACHED PLANS PREPARED BY THE CITY ADMINISTRA- TION AND REVIEWED AND APPROVED BY THE MIAMI WATERFRONT BOARD AND THE MARINA OPERATIONS REVIEW COMMITTEE; FURTHER AUTHORIZING THE CITY MANAGER TO RECEIVE BIDS AND CONDUCT NEGOTIATIONS, SUBJECT TO APPROVAL OF THE CITY COMMISSION BEFORE EXECUTION OF ANY CONTRACT, FOR THE CONSTRUCTION AND INSTALLA- TION OF THE SAID MOORINGS AND DINGHY DOCK; AND FURTHER AUTHORIZING THE CITY MANAGER TO UTILIZE DINNER KEY MARINA CAPITAL IMPROVE- MENT RESERVE FUNDS TO ACCOMPLISH THIS PROJECT,. SAID FUNDS TO BE REPAID TO THE DINNER KEY MARINA CAPITAL IMPROVEMENT RESERVE FUNDS FROM REVENUE DERIVED FROM THE MOORING RENTALS. Here follows body of resolution, omitted here and on file in the Office of the City Clerk). 103 Joi. 2s61 Upon being seconded by Commissioner. Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre Mayor Ferre: Take up item 11... Mr. Lacasa: Mr. -Mayor? Mayor Ferre: Oh, I'm sorry. Go ahead. Mr. Lacasa: I would like to move that the City Administration be instructed not to undertake any major'work or redesign plans on any of the waterfroiit properties of the Ci.ty of Miami without first obtaining a recommendation, from the Waterfront Board of the City of Miami. I so move.,,,.. Mayor Ferre: Mr. Grassie: Mayor Ferre: Rev. Gibson: Mayor Ferre: Is that a problem? No„ sir, we have no problem with that., Alright, is there a second to that motion? Seconded by Father Gibson. Mr. Grassie: Excuse me, Mr.;Jennings is simply reminding, me that.I should • point out to you that ,you have excluded Watson Island.',I'm assuming that, that's 'not;•part of the intent of 'Commissioner Lacasa. Mr..Lcasas: ;That is excluded by-.the•fact that Watson Island has always bee • n • excluded from the Waterfront` Board of the City.of Miami. • Mayor Ferre: The following motion was introduced by Commissioner adoption: MOTION NO. 79-528 A MOTION INSTRUCTING THE CITY MANAGER NOT TO UNDERTAKE AND PROJECTS TO IMPROVE OR CHANGE WATERFRONT PROPERTIES OWNED BY THE CITY OF MIAMI WITHOUT FIRST OBTAINING THE RECOMMENDATIONS FOR SUCH IMPROVEMENTS/CHANGES FROM THE CITY OF MIAMI WATERFRONT BOARD. Upon being seconded .by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: NOES: None. gl Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore Gibson Vice -Mayor J. L. Plummer, Jr Mayor Maurice_ A. Ferre. Sly+ bt TlS�la.N$..10,,WW9GAJGN4 i 1 Rev. Gibson: Mr. Mayor? Mayor Ferre: Father? Rev. Gibson: Let me make sure understand. I would hope that all of the improvements down here are in line orhopefully they would be in line with.. the future development and plans that we have indicated. Now, I hope we aren't piece mealing for instance, you know, I hope we wont't be building a building and after ve go to the point of getting this•whole business in shape that the building isn't right, the line isn't large enough and all that. You; know, I happen to be the only guy On the pan about this business around here. I went and begged those people and I hope you all are not putting me over a barrel. Now,... Mr. Plummer: Father, we are all in the Rev. Gibson:' Yes, I'm in the fire. Yes, I agree. And just beg you because I hate to have people trust me and then later on they say "oh, I;was done in", you know. Ok. 39. DEFERRAL OF CONSIDERATION: CUSTODIAL SERVICES CONTRACT FOR MAINTENANCE OF CITY OF MIAMI BUILDINGS 410 Mayor Ferre: Building and Mr. Grassie: Maintenance, Mayor Ferrel We are now on Item 34 which is custodial services contract, Vehicle Maintenance. I'm going to ask Eddie Cox, Director of Building and Vehicle Mr. Mayor, to introduce this subject to the City Commission. `Alright, Eddie? Mr. Cox: Mr. Mayor and members of the Commission, we have looked at this issue as you might recall for the past three years. We feel that this year would be budget problems the City has that it was absolutely necessary to test this by going out for public bids. We have done so and I think you will find in your packet my recommendation.. Mr. Plummer: Let me ask you a question. Does this includes the Police Building? Mr. Cox: es, sir. Mr. Plummer: How much did we pa Mr. Cox: If my memory service m Mr. Plummer: ' Mr. Cox: Yes, last yearin houses do it? e, I think it was two hundred fifty-two thousand. Just for the Police Building? sir. Mr. Plummer: T. think your memory is bad, but I will was a great deal more. Rev. Gibson: Well, I want to raise Mayor Ferre: Rev. Gibson: work for the Alright. some questions. Please-, two things. What's going City? accept that. I think i to happen to those people that Mr. Cox: Commissioner Gibson, we have contac:ted all of the contractorsthat we are recommending, which is three. We have asked them and one of our first gl JUL 2 31979 questions is would they consider hiring those employees that would have to be laid -off as a result of this contractual service. They all have agreed that they would in fact give these employees priority in their hiring and they all three indicated that they would require additional personnel to take on these contracts. Mrs. Gordon: How many employees are affected. please? Mr. Cox: Twenty-one. Mrs. Gordon: And how many would be hired?. Mr. Cox: I'm assuming that most of these would be hired. I also have chosen to bring this before you at this time to give the City an additional two months.;, This contractwould become effective October the 1st. It will give our Human Resources Department two months, over two months, to try and place these people in other positions throughout the City through attrition. And this process is in fact taking place at this time. Rev. Gibson: What about their benefits? Mr. Cox: Their benefits, sir, would be the City. terminated with their employment with Rev. Gibson: I want to raise this questionbecauseit's important ".to'me. ; believeif you come work for the City, you work for the City at a price sometimes less than you getelsewhere and sotnetimes... in one or two cases you may get more But one of the reasons I work for institutions and'I happen to be an institutional man, is because there are :certain securities and benefits. And if I were out in the public sector, I would earn far more money than I` am getting. I want to make sure, I think that this Commissionas the responsibility and the obligation to raise questioris with any and al]. cotnpanies that are bidding and to put the cards on the table before we say, "yes" or "no" officially. Not. this is a motion of intent. Forget itbecause You are;"playing with the lives of people. Number two, I want to know about the experience In the company, long they have been in business, how well you know them. You know, 1 have a. thing against people who don't have proven record when you are fooling around with my life. I really have a thing. And may be I'm nottrying enough.May .` be... I lose all of my trust when you get to that as a clergyman. But, man, I'm always distrubed. You know, I=see ton many people who are fly "El night�'� operators come here'pick off and then go. I'm not going to.call 'the ",names of no companies, but I want_ to make ."` ke sure, because Mr.�!Cox,;I-have always found �`- you be a honorable man. And you know what I'm saying? Mr. Cox: Yes, sir. Rev. Gibson: You wouldn't dare want nobody 'todo thatwith your `future..'An_.. as a Commissioner, the people elected me, I'.want= to be very, very sure as`far . as humanly possible that two things are dealt -With.' I want to.know>what about the benefits and how many•people.they are goingto ,take and,=if�they are going to take them and when, before I,vote. Number two, I Want a record on the company; ahistory oh the company, history of performance. I don't mind dealing with people I have dealt with who have proven their work, because when. you tell a man say "hey, man, you know I'm going to kick you out, no'pension, no insurance" you are dealing' with a different set ,of "circumstance. And"I.'m going to:ask the City Commission to -prayerfully, tab" this 'until:.we_get those answers. Mayor Ferre: Alright, ladies and gentleman, I'm going to... wouldyouu step - up please, the two gentlemen that want to be ,heard; We are running way behind and this Commission has to break for dinner. -We; haven't had anything to eat and we have been going all day since this morning. So, we are going to have to break"."up; in a little while. I would like to annouce that on the 6 o'clock Planning and; Zoning agenda, Item 1 which is a public hearing regarding possible urban development action grant application for Shell City has been withdrawn. Item 1 is withdrawn. Item 13, a, resolution, the Planning Department; application approving the Miami River Community redevelopment plan for the area bounded by West Flagler and Northwest 5th`Street between I-95 or Northwest 8th Street as been withdrawn, that item is 'withdrawn. Mrs. Gordon: Why was that withdrawn? JUL 231979 Mayor Ferre: Why was that withdrawn? Mr. Fosmoen: There was a hearing before the Planning Advisory Board after this item was listed on your agenda and we... a series of questions came up that we think need to be resolved with the community before it comes to you for discussion. So we are simply going back to the community. 'Mayor ":Ferrer Alright, also Item #... I will recognize you in a second. Item` ##16, Planning Department application granting approval of the Viscaya Transit Station area plan is also withdrawn concerning the five."points area of Miemi. Those three itemsonthe agenda have been withdrawn. Mrs. Gordon: Why on the 16? Why? Mayor FerreWhy was 16... Mr. Fosmoen:. Mayor Ferre: withdrawn? Basically the same reason Commissioner. Alright, now, did you want to say something about the items (BACKGROUND' COMMENT OFF THE PUBLIC RECORD Mrs. Gordon: Which one? Mayor Ferre:. Regarding what item,' sir? (BACKGROUND COMMENT OFF THE PUBLIC RECORD Mayor Ferre: Item 13. We11;.I don't for whoever gave you... know who (BACKGROUND COMMENT OFF THE PUBLIC RECORD told you that and Iapologize Mayor Ferrer Well, we .areall sorry.. I"don't know who did 'that,, but"""we."will" look into it:"and-may,b'e"we ,will. Did anybody:'here:answer.;"this gentleman and asked'.him toy come down., here? ' " Mr. Fosmoen: could not hear his question Mr.`Mayor. Mayor Ferrer; His,gtiestion is that he called up half an hour ago and they said the item was going to."be heard tonight and he has driven down hereand he is very upset that he had to waste thirty minutes of his life to come down here and not have something to talk about. Do you know who you talked to? (BACKGROUND COMMENT OFF THE PUBLIC RECORD Mayor.Ferre• (BACKGROUND COMMENT"OFF THE`PUBLIC RECORD) Mayor Ferre: Well, I guess what happened is that, that's another... there is another office which:is removed from these premises and I guess they were not informed. I;guess`that's the answer. Well, again, sir, for the fourth time we apologize to you. I'm sorry. Is there anythirg else on Item 1, 13 and 16? Alright. Now, you wanted to be recognized. Mr. Infante: Yes, I want to thank the Commission for letting us speak our; opinion. The name:of our company is Property Management and Maintenance, Inc.:. Mr. Plummer:; Excuse me, sir. Excuse me, if you will. Mr. Mayor, I recall - a motion on the"floor.: Am;I correct? Mrs. Gordon: Mr. Plummer: Mayor Ferre: Rev. Gibson:' gl What's the motion J.""L.? The thought was by Father I'm sorry. Did you make the motion? I don'tmind letting these men be heard, motion, I Gibson. they are here. JUL 231979 Mr. Plummer: Oh, alright. Rev. Gibson: -I have no objections. Mr., Plummer: Well, Father, I'm sure these people represent a company. that were the award recipient and if you want your questions answered, why not have them come back at the time that your questions are answered? Mr. Infante: Well, h would rather... if the Commission"feels, do it now that we are here. If it's alright with you. Mrs. Gordon: Well, which one is recommended Eddie? would rather Mr. Plummer: As long:as you understand that we -are not making decisions..` Mrs. Gordon:' Which one are you recommending? Mr. Cox: Commissioner Gordon, I'm.. Rev. Gibson: Are you the recommended outfit? Mr. Infante: I; just want to express my opinion, that all. Mrs. Gordon: Yes, just a moment Mr. Cox,` what are you recommending? just want to know what Mr. Cox is recommending. Mr. I:am recommending' three contractors. Mrs. Gordon: Yes, and which one are you recommending? Cox: Mr. Cox: I am Mrs. Gordon:' Mr. Cox: recommending three. Which three?. All three. Three of the five o Mr. Plummer: Versailles, Continental and GNA. Which three?. Mr. Cox:. That is correct. Continental, GNA and Versailles Maintenance for different buildings throughout the City. By doing it in this manner, Commissioner,. Gordon, I'm saving the City forty-seven thousand eight hundred dollars rather than giving it to a single contractor. Mr. Lacasa: Mr. Cox: I And before hire, who, did it? m sorry, sir? Mr. Lacasa: ` Before Mr. Cox: n house, who did it?" We did it in house with our'own custodial. staff. Mrs. Gordon: said? It' cost you more to do it in house than to contract it out you Mr. Cox: Yes. In the areas, that we are contracting out -therein -a.; gross'_ saving :of a hundred ninety-two thousand dollars The. reason"I"say. it;"inthat manner is because of the new administration"building and, not knowing"' exactly: when we are moving "into that building:_ 'So,.are .in, fact.' accomplishing'a�. considerably, larger custodial service. The net savings to the City is .a hundred'and forty-two ; thousand- dollars. Mr. Lacasa: And what talking about? s the forty-seven thousand dollar saving you were Mr. Cox:That is in relationship to giving it to onecontractor as the total low bidder versus giving it to three for individual buildings. Mr. Lacasa: And who is the totallow bidder. Mr. Cox The total low bidder, one bidder. Mayor gi Ferret I believe was Continental, if we gave it to That's a Miami, outfit? 108 JUL 4 a i979 Mr. Cox: Yes, it is. They are a large custodial service. Mrs. Gordon: We notice you have one from Brooklyn, New York. Mr. Cox:: That's Versialles. -Yes, Ma'am. This is the second time that we,have, bid custodial contractual_' service and this company has bid both times.' It is a black"� contractor very, very in doing work in 'this area.'' Mrs. Gordon: They have a local office? Mr.;'Cox: He -does not at the present time. He has.one in Fort Lauderdale. He be opening a local office here within a very short period of time. Mayor Ferre: What is the difference between one bid and the other? Mr. Cox: Are you talking about the total bid Mr. Mayor or are you talking about individuals? Mayor Ferre: Well, total bid and then individually. If we went individually what would the difference be? If we took all the low bids individually versus the low bid together? Mr. Cox: Well, I would have to break that down to you per building because. we are talking about eightor ten buildings throughout the City. So I would have to givethat to you individually, but I can say overall there is ninety-seven thousand dollars between the low bid and Property Management who is the second bidder. Ninety-sevep thousand dollars difference. Mayor Ferre: Alright, let's hear the... Mr. Infante: My name -is Jose Infante: and I'm Vice -President of Property Management and Maintenance Incorporated, my brother Rene Infante who is President. I, just wanted to`say,that for the past eight consecutive years we have been providing quality custodial service to the City of Miami at the Orange Bowl Stadium, Miami Marine Stadium and Miami Baseball Stadium. For the past two consecutive years we have provided quality custodial service to the Dade County Youth Fair, which this year drew approximately six hundred thousand people. Now, we also maintain banks, condominiums and office buildings. Now, based on the fact that two years ago our company submitted a bid for the same buildings to provide quality custodial services that in... the same buildings are in bid #78-7986 with the exception of the administrative Building. We were at -the time the lowest bidder. However, it was not awarded. Today based on the fact that again we have inspected all the buildings involved in bid 1178-7986 and practically nothing physically has changed except today'-s economy. We question the ability of Versailles Maintenance to perform quality custodially service to the City of Miami with such an irregular bid and we also question the ability of Continental Services with such a low bid. I make reference now to the letter we submitted to each Commission. However, GNA a company that has been established in Miami for quite some time in the total of Items 1 thru 10 were higher than us one thousand two hundred fifty-five dollars ninety-three cents per month. We consider this a responsible bid. So what we are asking in essence is to consider everything that has;been said before reaching a decision. Mr. Rene Infante: Commissioner Plummer, I'm going to make reference to the cost you mentioned to only the Police Station... to clear the Police Station only. It was,,in excess, as Mr. Cox said, two hundred fifty-two thousand dollars. Now, we=are talking about ten more buildings and you are proposing to clean all those buildings two hundred eighty-six thousand dollars, that t consider a very ow bid and also, we in the letter that we submitted to each Commissioner invltedthe hundred percent of all presently employed by the City to join our company ranks to be really evaluated. So we can really evaluate each one of them personally. Thank you. Mayor Ferre: Alright,` are there any questions? Mr. Plummer:' I second Father's motion. Mayor Ferre Rev. gl Alright, repeat the motion. My motion was that we postpone this matter until two 1©9 JUL 2 31979 fin. are answered. How many of these people will employed or transferred? And I think that we the City have a responsibility to find out what kind of protection... you know, like benefits, fringe benefits that these people will get in a company? I think that's reasonable. Wouldn't you, sir? Mr. Cox: Yes, ,sir. I don't know Commissioner Gibson. to think•that I can.work nriracle's because I don't know thatuI'magoint. gWtotgeto. -any.of these contractors to-say:up front that they would hire five, six, e3 ht or ten -of our eo le. g P.. P Rev. Gibson Well, I would hope that any contract that we give, -that we would be saying to the. people that we-expectthem that'ou ht to°be a bid contract. You see if $ part'of,the , you have people; on this City's.staff`and all y.ou do is and you,are going to let'it outland then you let those people•go. I question how. -fair and right,, -that `is Secondly,. -just .to hire people and_not give them some reasonable protection o,r•security,;I Think' 'we•the City since we are turning over.. We the City;have.that obligation to the people. that have been working for us. Mayor Ferre: The. adoption: Alright, further discussion, call the Toll. following motion was introduced by Commissioner Gibson, who moved its MOTION NO. 79-529 A MOTION TO TABLE CONTRACT PROPOSED UNTIL THE FATE OF. CUSTODIAL WORKERS' STATUS AND FRINGE CONSIDERATION OF A CUSTODIAL SERVICES FOR MAINTENANCE OF CITY OWNED BUILDINGS 21 CITY EMPLOYEES PRESENTLY EMPLOYED AS IS RESOLVED INSOFAR AS'THEIR EMPLOYMENT BENEFITS Upon being seconded by Commissioner Plummer, the motion was passed, an adopted by the following vote - AYES: NOES: None. Commissioner Rose Gordon Commissioner; Armando Lacasa Commissioner (Rev.) Theodore Gibson- Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 40. CONSENT AGENDA: Mayor Ferre: We are on Item 30... Mr. Manager, do we need to formalize 35, 6, 7, 8, 9? Mr. Grassie: No, sir. you have already done what is necessary on those.' on the Consent Agenda. Is there anybody here that. out of the Consent Agenda? Mr. Mayor, I want to raise a question. g Mayor Ferre: Yes, Ma'am? Do you want to, talk to the Consent Agenda? (BACKGROUND COMMENT. OFF THE PUBLIC RECORD) Mayor Ferre: No? Mr. Grassie: >No, we are Mayor Ferre: So w wishes to take any item Rev. Gibson• Mayor Ferre gl , I. thoughtyou were standing up to talk on the Consent 110 Agenda. ,JAL UNIDENTIFIED SPEAKER: We are Item #63. Mayor Ferre: I'm sorry, I can't hear you. UNIDENTIFIED_ SPEAKER : We are 'Item #63. Mayor Ferre: That's not on the Consent Agenda. to speak ; on : the' Consent Agenda. there anybody here vho wants Rev. Gibson: Let me ask. You have an item about Coconut Grove. those streets that you paved and so on? (BACKGROUND. COMMENT OFF THE PUBLIC RECORD Mr. Grassie: Rev. Gibson: Mayor Ferre: Mr. Grassie: You know Items 41 and 45 are being withdrawnCommissioner Gibson. Alright,'" Am are together then. Alright, is there any... I'm sorry Father, it's 44 not 45. Mayor Ferre No, then it Rev. Gibson:' 41 and 44? on there. Mayor Ferre: Well, 41 was withdrawn you want to withdraw it? but 44 on the Consent Agenda. Now,,; Rev. Gibson: No, no,"I was interested in 41 Coconut Grove CD Paving Project. Mayor Ferre: That' withdrawn., Rev. Gibson: If that's withdrawn we are alright.".` Mr. Grassie: I am getting conflicting signals Father Gibson."It is 41 and 45 that have been withdrawn. Rev. Gibson: Alright. Mayor Ferre: Is there anyone present who is an objector or proponentthat wishes to speak on any items in the Consent Agenda? Hearing none... Mr. Grassie: Mayor Ferre: Mr. Mayor? Yes? Mr. Grassie: I need to call to the attention of the City Commission that Item 59 on the agenda has been awarded to the second highest bidder because the first highestbidder withdrew his bid. So that is different from what you have... Mayor Ferre: The low bidder withdrew his bid and therefore we are awarding it to the second lowest bidder? Mr. Grassier Mayor Ferre: That is correct. And that's` all legal? Mrs. Gordon: How "much "is the second lowest bidder'. between that and the one ve had before? bid? What's the difference Mayor Ferre: Well, evidently somebody forgot to total up the Mrs Gordon:. I know, but I want to know how much more UNIDENTIFIED 141,000, the Mr. Grassie: SPEAKER: 94,000 wasthe low third bidder was°151,000. So, somebody justmade' a mistake.': first page, Rose.'` we are paying. bidder and the second low bidder was Mrs. -Gordon: I've got to tell you when I was looking at the backup material when you sent it to"me,."I.-wondered how in the world=�they;were�'doing it."for gl 11 11111111M1111111,111 JUL 2 31979 such a small down. Ok. Mayor Ferret, none, then i Mr.,Plummer: Mayor Mrs. price and putting in all the things... those prices have come Alright, with thct exception are there any other changes? Hearing s there a motion to approve the Consent Agenda? Ferre: Moved, by Plummer,. Second. Mayor Ferre: seconded by.Rose.Gordon.This. is Items .40,,42 43,44,-46, 47, 48 49, 50, 51, 52, 5354, 55, 56, 57,58, 59 as amended by the Manager, 60, 61 and 62, further discusssion, call the roll. The Consent Agenda was passed and adopted a unanimous vote of the Commission. 40. (a) AUTHORIZE 1 YEAR EXTENSION OF EMPLOYMENT - VIRGINIA LIEBERMAN. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-530 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF.72 FOR VIRGINIA LIEBERMAN TYPIST CLERK II, DEPARTMENT OF POLICE EFFECTIVE JULY 29, 1979 THROUGH JULY 28, 1980, WITH PROVISION THAT. IN THE EVENT OF A ROLLBACK OR LAYOFF, MS. LIEBERMAN, RATHER THAN A. JUNIOR EMPLOYEE, WOULD BE AFFECTED. Here; follows body .of,resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the adopted by the following vote: AYES: NOES: gl.; Commissioner Rose Gordon Commissioner Armando Lacasa ommissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre JUL 231979. 40. (b) ACCEPT COMPLETED WORK - WYNDWOOD C. D. PAVING PROJECT - PHASE III HIGHWAY. 4 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-531 A RESOLUTION ACCEPTING THE COMPLETED WORK OF F AND F CONSTRUCTION CO., INC. FOR THE WYNDWOOD COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE III - BID A. (HIGHWAY) AT A TOTAL COST OF $148,086.82; AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $10,231.82; ALLOCATING THE ADDITIONAL AMOUNT OF $10,231.82 FROM THE ACCOUNT ENTITLED "THIRD YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND"; AND AUTHORIZING A FINAL PAYMENT OF $24,017.32. (Here follows body of resolution, in the Office of the City Clerk.) omitted here and on file Upon being seconded by Commissioner Gordon, adopted by the following vote: AYES: NOES: None. the resolution was passed an Commissioner Rose Gordon commissioner 'Armando Lacasa'; ommissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr.` Mayor Maurice A. Ferre 40. (c) ACCEPT COMPLETED WORK - 21IAMI DESIGN PLAZA C.D. BEAUTIFICATION. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-532 A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION FOR THE MIAMI DESIGN PLAZA COMMUNITY DEVELOPMENT BEAUTIFICATION AT A TOTAL COST OF $83,852.33; AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $2,936.33; ALLOCATING THE ADDITIONAL AMOUNT OF $2,936.33 FROM "COMMUNITY DEVELOPMENT FUNDS"; AND AUTHORIZING A FINAL PAYMENT OF $11,027.93. .(Here follows body of resolution, omitted here and on file in theOffice of the City Clerk.) JUI. 2 3' 1979. r Upon being seconded by. Commissioner Gordon, the resolution was passed and adopted by the following vote: Commissioner Rose Gordon Commissioner Armando;Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr.' Mayor Maurice A. Ferre 40. (d) ACCEPT COMPLETED WORK -" COLUMBIA SANITARY SEWER IMPROVEMENT. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-533 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY B.A.C. CONSTRUCTION, INC. AT A TOTAL COST OF $1,316,632.92; ASSESSING $7,000.00 AS LIQUIDATED DAMAGES FOR 70 DAYS OVERRUN OF CONTRACT TIME; AND AUTHORIZING A FINAL PAYMENT OF $166,746.77 FOR COLUMBIA SANITARY SEWER IMPROVEMENT. (Here follows body of resolution,` omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, adopted by the following vote: AYES:`' NOES: None. the resolution was passed an Commissioner Rose Gordon' Commissioner Armando Lacasa Commissioner (Rev.) Theodore R."Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 40. (e) ACCEPT COMPLETED WORK - ALLAPATTAH N. W. 23 STREET C.D. PAVING PROJECT PHASE I. The following resolution was introduced by Commissioner Plummer, who moved its adoption: gl RESOLUTION NO. 79-534 A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION AT A TOTAL COST OF $290,011.05 FOR THE ALLAPATTAH N. W. 23 STREET COMMUNITY DEVELOPMENT. PAVING PROJECT - PHASE I (2ND BIDDING); AND AUTHORIZING A FINAL PAYMENT OF $35,660.16. Here follows body of resolution, omitted here and on file in the Office of the City. Clerk.) 114 J"u` ►19 41\ Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr.. Mayor Maurice A. Ferre 40. (f) ACCEPT COMPLETED WORK - CITY WIDE C. D. TREE PLANTING. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-535 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MELROSE NURSERY, INC. AT A TOTAL COST OF $112,895.00 FOR THE CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING; AND AUTHORIZING A FINAL PAYMENT OF $10,614.50. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed adopted by the following vote: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 40. (g) ACCEPT COMPLETED WORK - SOUTHERN DRAINAGE PROJECT E-39. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-536 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC. AT A TOTAL COST OF $131,366.22 FOR THE SOUTHERN DRAINAGE PROJECT E-39; AND AUTHORIZING A FINAL PAYMENT OF $14,522.60. (Here follows body of resolution, omitted here and on in the Office of the City Clerk.) Uponbeing seconded by Commissioner Gordon, adopted by the following vote: JUL 231979 AYES: NOES: None. Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner _(Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 40. (h) ACCEPT COMPLETED WORK - CUBAN MEMORIAL PLAZA & MEMORIAL BLVD. C. D. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-537 A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION FOR THE CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD COMMUNITY DEVELOPMENT (2ND BIDDING) AT A TOTAL COST OF $143,070.00; AND AUTHORIZING A FINAL PAYMENT OF $14,563.5 Here follows body of'resolution, omitted here and on file:..: in the Office of the City Clerk.) Uponbeing seconded by Commissioner Gordon, adopted by the following vote: AYES: NOES: None. ,Commissioner Rose Gordon" Commissioner. Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre was passed and 40. (i) AUTHORIZE CITY MANAGER MARGARITA VALDES DE D'GIAMPAOLO TO EXECUTE QUIT CLAIM DEED: E 10' LOT 12, BLOCK 6 BOWMAN HEIGHTS (15-78). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-538 A.RESOLUTION AUTHORIZING. THE CITY MANAGER TO. EXECUTE A QUIT CLAIM.DEED°TO MARGARITA VALDES de D'GIAMPAOLO FOR THE PROPERTY LEGALLY DESCRIBED AS THE EAST 10 FEET. OF LOT 12, BLOCK 6, BOWMAN HEIGHTS (15-78) Here follows body of resolution, n the Office of the City Clerk.) Upon being seconded by. Commissioner Gordon,.: the resolution was passed and adopted by the following vote: .16 JUL 3 1979 AYES: NOES: None. Commissioner.Rose Gordon Commissioner Armando Lacasa Comtissioner (Rev.), Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayon Maurice A. Ferre 40. (j) AUTHORIZE ACCEPTANCE OF 0. S. TEXTILE, INC. COVENANT TO RUN WITH LAND: (Underground installations in alley) The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-539 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A ,COVENANT TO RUN WITH THE LAND FROM S. 0. TEXTILE, INC., RELATING TO UNDERGROUND INSTALLATIONS IN A PUBLIC ALLEY,'_A COPY OF SAID COVENANT IS ATTACHED, HERETO AND MADE A PART HEREOF; AND DIRECTING THE PROPERTYMANAGER OF THE CITY OF MIAMI TO RECORD SAID. COVENANT WHEN PROPERLY EXECUTED, 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 Gordon, the resolution was passed and adopted�by the following vote: AYES: NOES: None. Commissioner Rose Gordon ,Commissioner Armando Lacasa ommissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer,Jr. Mayor Maurice A. Ferre 40. (k) AUTHORIZE CITY MANAGER TO. EXECUTE QUIT CLAIM DEED: DADE COUNTY - CITY OWNED LAND WITHIN LITTLE HAVANA COMMUNITY CENTER SECTION 8 HOUSING DEVELOPMENT. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-540 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT -CLAIM DEED TO THE DADE COUNTY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A PARCEL OF LAND WITHIN THE LITTLE HAVANA COMMUNITY CENTER, 900 S.W. 1St Street, Miami, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED SCHEDULE. (Here follows body of resolution, omitted here and on file,: in the Office of the City Clerk.) 11'7 JUL 23 1979 n 3,eP.YJ tralkagitLAIL, Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by thefollowing.Vote: AYES: NOES: None. Commissioner Rose Gordon: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 40. (1) AUTHORIZE PROPER OFFICIALS N. 10' LOTS 1 thru r BLOCK "K" DEDICATION -QUIT CLAIM DEED: RIVERVIEW (5-43). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-541 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO DEDICATE BY QUIT -CLAIM DEED THE NORTH TEN (10') FEET THEREOF OF LOTS 1 THRU 5, BLOCK "K" OF RIVERVIEW ,(5-43)TO THE PUBLIC AND APPROVE THE RECORDING OF SAID QUIT- CLAIM DEED 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 Gordon, adopted by the following vote: AYES: NOES: None. •Commissioner Rose Gordon Commissioner' Armando Lacasa' Commissioner (Rev.) Theodore R. Gibson ' Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 40. (m) ACCEPT BID: CONSTRUCTION OF FIRE STATION NO. 9. The following resolution was introduced by Commissioner Plummer, who moved its adoption: gl RESOLUTION NO. 79-542 A RESOLUTION ACCEPTING THE BID OF BAMA CONSTRUCTION CO. IN THE AMOUNT OF $858,309, THE BASE. BID OF THE PROPOSAL PLUS ADDITIVE ALTERNATE ITEMS 2 AND 5 FOR FIRE STATION NO. 9 (2ND BIDDING); WITH MONIES THEREFORE ALLOCATED FROM THE "FIRE FIGHTING, FIRE PREVENTION, AND RESCUE FACILITIES G.O. BOND FUND"; WITH ADDITIONAL MONIES ALLOCATED: FOR PROJECT AND INCIDENTAL EXPENSES FROM AFORESAID FUND: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 118. JUL 2 31979 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, adopted by the foliowing vote: NOES: None. the resolution was passed and Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson' Vice -Mayor J. L. Plummer,Jr. Mayor Maurice A. Ferre 40. (n) AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT: HAWKINS AND ASSOCIATES, INC. Training & Evaluation Systems Consultant The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-543 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER -TO ENTER INTO AN AGREEMENT WITH HAWKINS AND ASSOCIATES, INC., AS A TRAINING AND EVALUATION SYSTEM CONSULTANT, IN ACCORDANCE WITH THE TERMS AND, CONDITIONS -SET FORTH IN THE ATTACHED AGREE- MENT: WITH -FUNDS THEREFOR ALLOCATED FROM THE CITY OF MIAMI DEPARTMENT OF LEISURE SERVICES PROJECT STAFF TRAINING FOR`ADAPTED RECREATION GRANT FUND. (Here follows body of resolution, omitted here In the Office of the City Clerk.) Upon being seconded by Commissioner Gordon adopted by the following vote: AYES: NOES: gl and on:.fil Commissioner Rose Gordon Commissioner Armando,Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L.'Plummer, Jr. Mayor Maurice A. Ferre JUL 23`1979 adopted by the -following 'vote: AYES:. NOES: None. 'Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor. Maurice A. Ferre 40. (o) AUTHORIZE CITY MANAGER TO ACCEPT GRANT AWARD: $50,000 FROM NATIONAL ENDOWMENT OF THE ARTS "NOGUCHI EARTH SCULPTURE IN BAYFRONT PARK" The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-544 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRAND AWARD FROM THE NATIONAL ENDOWMENT FOR THE ARTS FOR A PROJECT ENTITLED: "NOGUCHI EARTH SCULPTURE IN BAYFRONT PARK" AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND/OR AGREEMENTS TO IMPLEMENT THE PROJECT WITH FUNDS FROM THE TRUST AND AGENCY FUND " NOGUCHI EARTH SCULPTURE_: IN BAYFRONT PARK". (Here follows body of resolution, omitted here in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passe 40. (p) ACCEPT BID:, WES'FERN DRAINAGE PROJECT E-46 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-545 A RESOLUTION ACCEPTING THE BID OF FRISA CORPORATION IN THE AMOUNT OF $252,634, THE BASE BID OF THE PROPOSAL, FOR WESTERN DRAINAGE PROJECT E-46; WITH MONIES THEREFOR ALLOCATED FROM THE "STORM SEWER G.O. BOND FUND"; WITH ADDITIONAL MONIES ALLOCATED FOR PROJECT AND INCIDENTAL EXPENSES FROM AFORESAID FUND; AUTHORIZING:: THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and in the Office of the City Clerk,) Upon being seconded by Commissioner Gordon adopted by the following vote: AYES; NOES: None. gl Commissioner Rose Gordon Commissioner Armando Lacasa ommissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 40. (q) ACCEPT BID: EDISON-LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION - Phase I. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-546 A RESOLUTION ACCEPTING THE BID OF P.N.M. • CORPORATION IN THE PROPOSED AMOUNT OF, $95,400 FOR EDISON-LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION - PHASE I; WITH FUNDS ALLOCATED FROM THE 4TH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $95,400 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $10,494 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,906 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, 'AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. • (Here -follows body of resolution,- omitted here and on file in the Office of the City Cleric.) 1 I 1. i Upon -be being seconded ,,-;-by',-,- coMMi.0SiOne.--:--GC?r4pii; the reaO14tiOnWeSt.".pas,.,0edi.-.-..4nd. adopted .'-.'," by.'".-the--'-'-f O1-1nw, li.ig ''- -VOte ;',-...,',"-l.,-".._,;,-_,-.--,:,:.:•-,..i-'_"..--,-,r-,',."., •.-.',..-_:,,--:-.' ..-,•_"-,"-;:,-,,-,--.,- --,--4'---f.-.---,-":1--,-;,;::-.1,-:'.-',..;,-y--;',-T-.,...,--.1.':-'',-",--,--',':„,-..-_--',.'--..,:,''--:i.f-_,,,- '-',:-.....,":,:',--",,7 "........:-.--•::---,..,',-...-_,,,-.:;','-...:••-•,-„,..-_-T__ , ' , .. ........ ...... . ....„..,, „, . ,,...., . .......,.....: ..., .. ,...-. i -. ---- - -- -.•-_----- -. -__:- -_,_-_---- .. ....- ,-..-,...-- ---,._.-..._....-. .... ......___ . :... . , , , • -.----.--- - -...--- ..--. -. -.-.,...---• :-....-,- -.--.-.--.:-...--..-,-... ....--...•- - - . -- - --- _„_ - .. ...-., .. _ _ , .. ....... .,..,, .. • .._.. „._ .,...., ,.,........ ,,, ,,,•.,,,...,.,•..,,,.,.. ,,, ,,,,.,:, _ . ,,,, . , AYES: '- -:' ' - ' '----', -- '---.-----..'.•-_-.CommiSSiOrier.-:-:.-RoSeGOrdop-'.':-';,:::-.-,---;-_-:,..-:',-_,::',--..•---..--,-.:,---;.:;-:-'-,---:-:..----„,--,-.:-.-":„,„:'-','--",,'.-.".„-.--,_,..,:.,-,--.,_ ... '''' - --''''' ' -- - -'-'-' '-- '' --.'' --• 'i'...--. ',-•,---.'-,.,''..•• -,..-----_,' --.,-- •• ,,, .---_,..,,,......,,.. „ . , :.....•CiaratiiiibioneiAtitOndO1--I,*Casa,:;,,.,...:,.,.. f -.,-,-...,.-,*i•.-:.,'.,.. :i•,.,...,..,,-,-i.",-,T,.-,.. --,-... - , . . ,.. -...,,,, '. ;. Commissioner(Rev) TheodOre;R4 Gibson Vice -Mayor J. L. Plummer, Mayor Maurice A. Ferre NOES: None. 40. (r) ACCEPT BID: LITTLE HAVANA MINI -PARK. The following resolution was introduced by Commissioner Plummer, who moved its adoption: gl RESOLUTION NO. 79-547 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $141,500 FOR LITTLE HAVANA MINI -PARK; ALLOCATING THE AMOUNT OF $110,000 FROM THE "FIRST YEAR DADE COUNTY FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND" AND $31,500 FROM THE CITY'S "4TH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND" TO COVER THE CONTRACT COST; ALLOCATING $22,000 FROM THE CITY'S "4TH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND" TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING $2,055 FROM SAID FUND TO COVER'THECOST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 121 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by. Commissioner Gordon -,' the, resolutionwas passed,an adopted by the following vote: AYES: NOES: None, Commissioner Rose Gordon Commissioner Armando Lacasa. Commissioner (Rev.) Theodora R. Gibson Vice -Mayor J. L. Plummer, Jr Mayor Maurice A. Ferre 40. (s) APPROVE AND AUTHORIZE PROJECT CONTRACT: "DADE 8-10 (Medical Center)" Basic agreement for financing housing in the City of Miami The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-548 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A PROJECT CONTRACT RELATING TO THE HOUSING PROJECT IN THE CITY OF MIAMI DESIGNATED DADE 8-10 (MEDICAL CENTER) PURSUANT TO THE BASIC AGREEMENT FOR FINANCING HOUSING IN THE CITY OF MIAMI, DATED JULY 19, 1976, AND MAKING CERTAIN DETERMINATIONS WITH REGARD TO SAID HOUSING PROJECT IN ACCORDANCE WITH SAID BASIC AGREEMENT. (Here follows body of resolution, omitted here and.. on file in 'the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed an adopted by the following vote: "> AYES: NOES:; None. gl Commissioner Rose Gordon Commissioner Armando>:Lacasa Commissioner. (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer; Jr. Mayor Maurice A. Ferre 122 JUL 231979 40. (t) AUTHORIZE CITY MANAGER TO FOR: THREE EONEW CITY OF MIAMI FIRE PURCHASE WORKS OF ART: The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-549 A RESOLUTION APPROVING THE ATTACHED CITY MANAGER'S REPORT WHEREIN HE PROPOSED TC! ACQUIRE EXISTING WORKS OF ART EXECUTED BY ARTISTS LOUISE NEVELSON, ANDY WARHOL, JAMES ROSENQUIST AND JENNIFER BARTLETT, ALL TO BE PART OF THE CITY'S ART IN PUBLIC PLACES PROGRAM, IN CONNECTION WITH THE CONSTRUCTION OF THE PRO- POSED NEW FIRE STATIONS NOS. 4, 9 AND 14, FOR AN AMOUNT NOT TO EXCEED $12,000; AND AUTHORIZING THE CITY MANAGER TO USE THE FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUNDS FOR, SAID PURPOSE. Here follows body of resolution,. omitted here and on file n the City of Clerk.). Upon being seconded by Commissioner Gordon, the resolution adopted by the following vote: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre AYES: NOES: None. 40. (u) ACCEPT REPORT OF CITY AWARDING TWO ART COMMISSIONS FOR THREE NEW MANAGER: CITY OF MIAMI FIRE STATIONS TO: Albert Backus and Jill Canady The following resolution was introduced by Commissioner Plummer, who moved its adoption: gl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`3' 1979 . f - gr,,k ,-,/a1Sa"„,,,as1=`'ttocerAn"V4en'z'N"— (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon ,being seconded by Commissioner Gordon, adopted by the following vote: AYES: NOES: None. the resolution was passed at Commissioner Rose Gordon Commissioner Armando Lacasa. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 41. PERSONAL APPEARANCE: MS. PATRICIA KLITENICK REQUESTING REMOVAL OF THE N. W. 7 STREET BRIDGE 1� Mayor Ferree: N.Dw, ladies and gentlemen, we are going to hear one more item on the morning and afternoon agenda which is Item 63, Ms. Patricia Klitenick petition for the removal of the Northwest 7th Street Bridge. And those of you that are here on that item would you please raise your hands so that we know how many people are here. Ok. Now, those of you that are here on the evening agenda that's suppose to start at 6, we have not had anything, to eat and we hay,, to get out and eat a little bit and we will be back in may be forty-five: minutes after we break. My advice to you is, that we really won't be in session until, I would say at least 7:30.. So if you want to go get a; cup of coffee or something... I don't see it any other way. We are just running behind and I'm sorry. Alright, go ahead Ma'am,'we recognize. Ms. Klitenick: Mayor Ferre and members of the Miami Commission;- my name is Pat Klitenick, I .live at 905 Northwest 10th Avenue. I represent the residents of the Spring Garden area. We are here today to ask, your help in making our neighborhood a safer place to live. We have identified a,serious safety and,." security hazard in Our neighborhood and we need your help in seeing that it: is eliminated. We. are seeking to remove--- can you hear me?.,Speak lower? Mr. Plummer: No, speak higher. Ms. Klitenick: We are seeking the removal of the Northwest 7th Street. bridge. Before I continue with the reasons for our request, I would like to take this., opportunity to thank the City of Miami Police Department, particularly the officers of the crime prevention section who have been a tremendous help to us during the past year. Major Clarence Dixon, Captain Cosgrove, Officer. Majeski, Officer Alexander and all the other officers who have met with us. should be commended for their efforts in helping us reduce crime through crime prevention. They have shown us that the Police and people working together can produce very effective results. I brought some visual aids to help explain my petition. Does everyone have a copy? Ok. First I would like you to look at the map on the first page of the hand out so that you can have, a picture of the area we are discussing. As you can see Spring Garden represents a very smallsegment of the City. It encompasses about two hundred residences contained by the natural boundries of the Miami River to the South, Northwest 12th Avenue to the West, Northwest 7th Street to the North and the canal running under the Northwest 7th Street bridge to the East. The events which led to our petition have been building for many years. By the Spring of '. 1978 the situation have become unbearable. At that time two very distressing. things happened to me near my home. First a widow living alone was raped at knife point in her home. Second, two elderly women were beaten and robbed in their home. These events along with the fact that my own home had been burglarized, I have had many of my neighbors led me to the decision that.I had to find a safer place to live. As I looked around Dade County I realized there was no area which was without crime, so I, decided to stay and try to make' my gl 124 JUL 231979 neighborhood a.safer place to live. In order to accomplish this goal I became involved with citizens crime watch and the crime prevention unit of the City of Miami Police Department. We begin to take a critical look at our community in terms of what we could do as citizens to help reduce crime. At a neighborhood meeting a list of major concerns was compiled. It soon became apparent that most of the, concerns were related to the Northwest 7th Street bridge. The bridge was originally built for the convenience of the people buying homes in this area by the developer. If the majority of the people living in this area no longer feel that the bridge is safeor serves a useful purpose, why couldn't we petition to have the bridge removed. With the exception of the Holiday Inn at Northwest 12th Avenue and llth Street the area is entirely residential. Therefore the removal of the bridge should not affect any schools, churches or business. Northwest 7th Street is not a through street it deadends into North River Drive vhich also deadends into Northwest llth Place. If the Northvest 7th Street bridge were removed there would still be six entrances. to the Spring Garden area. A petition to remove the bridge was drawn up and signed by a hundred forty-eight residents of the Spring. Garden area. The petition was presented to Mr. Newae Daughtrey at a meeting held at the City of Miami, Police Department August 3, 1978. Mr. Daughtrey was also given an extensive list of reasons for the.. removal of the bridge along with the letter from Major Clarence Dixon ofthe crime prevention unit stating that if the bridge were temporarily' closed a study could be conducted to determine how much of a factor the bridge removal would be in crime reduction. Page two of the handout is a copy of the list of reasons which accompanied our request to Mr. Daughtrey. These are divided into two major categories. First that the bridge is a safety hazard and secondly the effect of the bridge on the security of the neighborhood. First we are concerned about the structural safety of the bridge. The City of Miami Fire Department has deemed the bridge unsafe for heavy fire equipment and yet frequently heavy trucks and semi -trailer cross the bridge thinking it,is a through street only to turn around to recross the bridge when they find. out Northwest 7th Street deadends. The bridge is a traffic hazard. The hump back constructionofthe bridge makes it impossible to see on coining traffic or obstruction. Many people use the bridge as a short. cut, when in realityit is a short cut to no where. This you can see from looking at the map that 1 have prepared. Asa result this small segment of the River Drive is subjected to far more traffic than it was designed to handle Secondly, we are concerned with the securityof our neighborhood. Many of the crimes in this area are crimes ofopportunity. A classic explain being a neighbor who went out to hang up her laundry leaving her back door unlocked returning to find her jewelry stolen. ;If you limit opportunity, you reduce crime. The bridge was temporarily closed from December 14, 1978 to June 7, 1979. During the time the bridge was closed all the problems listed on page two of the handout were eliminated and; crime in our area dropped dramatically. Page three of the handout list the results of the temporary closure of the bridge. I'm sure that you areaware of the recent FBI report for the first quarter of 1979 showing an increase in areas crime nationwide, as well as reports in local papers of increased crime in Miami and yet during this same time period our crimerate dropped. At the time the bridge was reopened I went to the City of Miami Police Department information section and requested a computer printout showing all calls for service from this area for the six months: the bridge was closed, January 1, 1979 to June 30, 1979 and the same six months period in 1978 when the bridge was open, January 1, 1978 to June 30, 1978. We are located in zone 34, area 148 according to police statistics. Since area 148 is larger than Spring Garden it was necessary to extract those calls for service which were to addresses outside the area shown in the map. I have excluded from the statistics the calls from the Holiday Inn so that you could see the affect of the bridge closure on the residential area only. Since the bridge was reopened June 7, 1979, I have statistics from the first three weeks which the bridge was reopened to show the immediate affect of the reopening of the bridge to the crime rate in our area. If you will look at page four of the handout you will seethat the total calls for service dropped from a hundred thirty-six to ninety-six when the bridge was closed and that in the three weeks it was open there were seventeen calls for service. The graph on page five shows a dramatic drop in burglary, larceny and traffic offenses. Burglary dropped from eighteen to six when the bridge was closed, three burglaries occurred in the three weeks that the bridge was reopened. Larceny dropped from twelveto three while the bridge was closed, three were reported in the three weeks that the bridge was reopened. Traffic offenses dropped from fourteen to sixwhile the bridge was closed. There were none reported in the three weeks the bridge was reopened. The reports of suspicious persons dropped from three to one. Suspicious cars dropped from twelve to ten. gl 125 JUL 231979 Vandalism remained two with the bridge open, two with the bridge closed. Assaults remained one with the bridge open, one with the bridge closed. We had one rape when the bridge was open, we had no rapes when the bridge was. closed. Robbery went from zero to two, we didn't get a perfect record. Disturbances went from ten with the bridge open and increased to twenty-two with the bridge closed. I think that this increase can be partially attributed to the increased awareness of crime watchers in our area who are encouragedto call the Police at the first sign of trouble in order to prevent a more serious crime from happening. There can be no doubt that the closing of the Northwest 7th Street bridgewas a major factor in reducing crime in this area. In conclusion I would like to remind the Mayor, that in his recent address to a city-wide meeting on crime prevention he emphasized that simply increasing. the Police force will not reduce crime. Our major emphasis • must be on crime prevention. In closing, by closing the bridge we have taken a major step in crime prevention. We have reduced crime by reducing the opportunity for crime. Removing the Northwest 7th Street bridge is a relatively simple and.> effective way to reduce crime in the Spring Garden area. Due to the time of. this meeting there were many people who wanted to attend who were unable to attend, soI have drawn up another petition to show that the peoplestill support our original petition and I have that with me now. Mayor Ferre:. Ms. Kiltenick, let me first of all 'congratulate you for a ver:',: very carefully done and thorough job. You know, no matter what anybody thinks you certainly made... you must be a lawyer and a' good one at that, because you have made a very, good presentation. Ms. Klitenick: I'm a housewife. Mayor Ferre: Well, you spent a lot "of.:time .and I think you are really to be commended for the wonderful job. Now,. I will tell you the thing that really impressed me the most; are this statistical chart that you present here. Now, I would before we continue on this because we may cut throught this very quickly. Mr. Knox, what is the legal procedure for us`:to do this in a legal way? Mr. Knox: What is being requested is the closure'of, ` p aublic.street.and our` Code provides for procedures of closing public streets. ':'One -advantage,', -if - you` will, is:that the bridge' does not -abut property so. it's,n _not'ecessary t_o get the consent of all of the property owners which are'adjacent to" the street . that, is sought to be closed. However,. the procedure does require a presentation. and consideration by the Platand: Street Committee and the Planning Advisory Board or the Zoning Board, whichever is appropriate"and final consideration: concerning that closure by the City Commission. Mayor Ferre: Alright.. Mr. Lacasa: Mr. Mayor,'I would like to move' that this matter be referred to the appropriate Boards for consideration and recommendation as soon as`possible so we can proceed with a legal solution of the problem. Mrs. Mayor Gordon: Second. Ferre: Is there further discussion on, this. item, The following motion was adoption: introduced by Commissioner Lacasa, who moved its.. MOTION NO. 79-551 A MOTION TO REFER THE REQUEST AND PETITION FILED BY MS. PATRICIA KLITENICK TO THE APPROPRIATE CITY OF MIAMI BOARD (PLAT AND STREET COMMITTEE) TO REQUEST THEIR DELIBERATION AND RECOMMENDATION CONCERNING THE PROPOSED REMOVAL OF call the roll, please. THE N.:W. 7TH STREET BRIDGE IN ORDER THAT WE MAY PROCEED IN A. LEGAL MANNER TO CONSIDER THE VALIDITY OF THIS REQUEST. Upon. being seconded by Commissioner Gordon, the adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice -Mayor J. L. Plummer, Jr.' Mayor Maurice A. Ferre - A 1'26 NOES: None. motion waspassed; and gl NOTE: AT 6:40 THE COMMISSION RECESSED FOR DINNER. JUL 231979 .11 \.v.........✓ay.. -- r 42. PLANNING & ZONING ITEM: GRANT PERMISSION TO J.E.S.C.A. PERMISSION TO USE 6605 N. E. MIAMI PL. FOR EX-OFFENDE' SERVICE PROJECT SUBJECT TO LIMITATION OF OCCUPANCY AND 1 YEAR REVIEW Mayor Ferre: Ok, take up Item 0 17, a resolution application by the Jesca ex -offenders for permission to use 6605 Northeast Miami Place as an ex -offender service project for a minimum of 24 females and their children. Now, the Planning Department recommended denial, the Planning Advisory Board voted denial four to three. There were six objectors by mail, ten proponents at the PAB meeting. Would the objectors raise their hands? Who is against this? Alright, we have one, two... objectors... one, two, three, four, five. How many of you would like to speak? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Well, this matter was denied and... that's a good question Selma, thank you. These are objectors to the project as proposed by Jesca. How many ate objectors to Jesca's proposal? Alright, how many of you would like to speak? One, two, three, four, five... you are not an objector are you? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Five objectors. How many are here as proponents in favor of what Jesca: wants to do. Alright, raise your hands. How many of you are in favor of what Jesca want's to do? In favor of, ok. Now, how many of you wish to speak? One, two... speak, in favor of it. Who wants to speak in favor of this? Alright, one, two, three, four, ok. So I think we have got four speakers in'favor and as I count it about three opposed... four opposed. Two here and two here. Ok. Mr. Plummer: Mr. Mayor, two things. May Is there anyone here on Item`8, 9 or 10? ask again,:I find it hard to believe. mayor Ferre: The reason why the people are not here on8,;9 and 10 is because they are all at the DOT meeting, it. starts at 7 and they willbe here by 9... Mr. Plummer:` nobody... Mayor Ferre: Mr. Grassie: because I`found!it -kind of hard to understand Alright, let's hear from the department. . Whipple,of the departments will ... there was Mr. Whipple: Mr. Mayor and Commissioners, as indicated by..the department did recommend denial along with the Planning Advisory Board. Very simply stated,as we indicated in our attached sheet in the accompaning documents, we felt that this area was in fact overly impacted by such facilities and one of our other major concerns was the actual physical existence of the project. Now, we do not feel it offers sufficient privacy. We do not feel it was of sufficient size as far as occupancy with regard to this type activity. Now, let me just remind you that this process notwithstanding the zonin&under Article 4, Section 36 as a eleemosynary type use,of which we involved ourselves in a total review of the project being a physical facility and it's location in the community and on that basis we have recommended denial along with the Planning Advisory Board. Mayor Ferre: Ok. Alright, let's hear now... I think Archie we ought to hear from you first and then Gracetyou can respond and then we will go back and forth. Is that alright with you? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Who wants to speak first? Ms. Alexander: Mr. Mayor, let's go by the rules, let's have the proponents, let's have opponents, then time for rebuttal. Let's not change the rules in mid -stream. Thank you. Mayor Ferre: Ok. The proponents are Archie Hardwich. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Well, that's what I justy , what are you talking about? gl (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: You want to stick with the rules. Well, I make the rules. around here unless I am overrides and I'm just saying that the proponents are going to speak. So you are now recognized and then you can... Mr. Rolle: Honorable Mayor of the City Commissioners, I'm Darwin Rolle Program Administrator for James E. Scott Ex -offenders Service Program... Mrs. Gordon:: Would you state your name again Mr. Rolle: Yes, Darwin R-o-1-1-e. I am Program Administrator for Jescs Ex -offenders Service Program located at 638 Northwest 62nd Street,' Miami and 11101 Southwest 24th Street and also of the proposed site, the female site, is 6605 Northeast Miami Place. The agency that I am representing has been delivering social services to residents of the Greater Miami Dade County area for over fifty years. It is a community based agency that has been an asset to every neighborhood in which it operates. We viewed the reasons for denial and our responses are as follows. Number one, as it relates to the privacy, the program stands ready to purchase the needed 'items, 'commodities and or equipment to insure the privacy of the population to be served. Number two,-- excuse me--- the building as well as the grounds of that facility will be well kept and security will be maintained seven days a week, twenty-four .hours a day. As it relates to two hundred square feet requireinent for all residents, ._ the program has conferred with the Dade.Miami Criminal.Justice Planning Council and we can modify the number to be served on a daily rate to a monthly "average of ten and still satisfy the contractual objectives which is a hundred twenty clients per year., As it relates to the Northeast area being used as a dumping" groundfor rehab programs, the agency had no knowledge of the number of programs"in the area when it chose the Winslow Cottages as.it's site of operation. The cottages were chosen for the following reasons. Number one, assessability-to establish bus routes for transportation. Number two, it is true that the buildings are closeto''the sidewalks, but it, provides 'a courtyard where the children can play safely.Number three, the cottages are set up" on an efficiency type basis equipped with separate kitchens in which females and their children could happily reside. Number -four, the cottages are" -ideal,`' requiring little or no renovation for it's occupancy. Thank you. Mayor Ferre: Thank you. The next speaker on the proponent side Mr. Hardwick? Mr. Hardwick: I'm Archie Hardwick)Executive Director James'E. Scott Committe Association, Inc. Jesca has been in various, communities throughout ,Dade -..County for the last fifty-four years and I would like togive`you one example"of what I mean. In Goulds 'we also 'have an e- offender program that's for men.. In that area, when we came in it was not... you know, the improvements had not,been • done. When we came in we painted` our facility, we planted trees,"we brought in grass and -if -affected that whole area there._ Now; Jesca.is arneighborhood" center ;type of agency. - We have twenty-two' two centers located throughout`° the community and it's not just a public agency or any agency just"coming_into the community. It's an agency that becomes a part of that' community: Th '-residents there become a part of that community. We`went.into that" neighborhood and;we have over sixty-five signed petitions` from the people who live in"that"`"very area who have stated that they want to` support "this.program. A social".service agency.is'located where people need it. Now, someone_has mentioned about'the" fact that there are not services in -Coral Gables or there are not services on Bayshore Drive and that's probably'true. And it's true because pe�plecan afford a doctor, they 'can afford a social worker, they" can; afford the other type of services that are needed in those . areas, but this is, a halfway house which means that it's preparing people-- many of'theinfrom that community to' get prepared to live in their own neighborhood, that's what it is :all ;about.' And we have centers doing this type of work, social service programs,`we have senior' citizen programs, we have street work programs', we have'a number of;~ programs and the basic thing is to help people..'That's what Jes.ca is all: about. And we feel very strongly that we have related to a representative group in that;, surrounding area and theyhaye given us the'type of support that we'need., We are. not saying everybody, but we have talked.to�`theresidents`.in that area and;we:are- trying'. to offer our service. Thank"you. Mayor Ferre: gl Alright, the next proponent?. 128 2 3 1979 Ms. Alexander: Mr. Mayor and members of the Commission, Selma Alexander 2323 South Miami Avenue. I have lived in this community since 1937. I have been actively involved in the social service community since 1940 when I married, Irom Red Cross to United Way, Community Cheat, which was a cover agency for the James E. Scott Community Association now known as Jesca. This is an organization that has done a fantastic job in a community that very badly needs it. The buzz word of dumping ground in the Northeast section really doesn't apply. The Planning Department did a survey of all of these so-called types of establishments in all over Dade County and the Northeast section holds no corner on having more of them than anywhere else, except Coral Gables which is another community and another municipality and they have their own zoning ordinances, but the Northeast section is not, does not according to the report as I read it-- and I can read statistics as well as anybody else-- does not have a corner on being a dumping ground for this kind of agency. The people who will be helpedas was stated beforeycome from the area, they need to be reunited with their own area and reestablished there. Thank you. Alright, the next Ms. Holzhouser: Joanne Holzhouser 4230 Ingraham Highway, Coconut Grove. The term "dumping ground" for this kind of program is so offensive in human rights terms in this particular area for women, that it just astounds me that we can even use it and not all of us in this room stand up at once and say "strike that out". These are human beings, they are not being dumped, they are being put in a situation in which one would hope they can live the lives that we are all entitled to in this country. The other thing that I do when I'm not down here harrassing the City Fathers and the City Mother with my views on zoning and other things,is train in the area of therapy. And I'm here to tell you that this is what's happening in Florida today, it's called "deinstitutionalization" and it starts with the elderly, it starts with the people in the mental hospital, it starts with all the other people who are in need for a while we hope, until they can make it on their own. They are not going to make it on their own if they are forced out into the Everglades or down into some back alley. They will make it if they can have sunshine and a place with dignity and honor to work and to learn to raise their children and to learn to be citizens which they already are. I hope you will listen to this and give them a chance here. This is not a dumping ground, this is a human rights issue. Thank you. Mayor Ferre: Alright, the next No? Alright, then we will hear (BACKGROUND 'COMMENT . OFF Mayor Ferre: proponent? I think we had one more proponent. the opponents then. THE PUBLIC RECORD) Oh, I'm sorry, I 'didn't"see, excuse me. Ms. Liberty: My name is Eunice Watson Liberty, from the National Council of Negro Women, 1797 Northwest 52nd Street in the City. I have been working with this group of people for about ten years and I came personally to ask each one of you to think seriously about the ones that we represent tonight with Jesca. I am asking you-- and I was really surprised the other night when I went to the Zoning Board to think just a few years ago the very ones who were speaking against the people coming in were the very ones we fought so hard for fair housing about ten years ago. Fifteen years ago the one who is speaking against letting others in, you couldn't get in then either fifteen years ago if it had not•been for those of us who pioneered and made a way for you. I want you to know that. Members of the City Commission,think seriously about what we are , saying. Some of the people who are talking tonight ten years from now maybe some of their children would be needing a place, I hope they won't,. but I am hoping that we can give these young people a chance because some of the people you are trying to find a place for should be finishing high school this year, we are not talking about hard, old grown people. Some of these people are in high school or should be. Give them a chance so when they go through with their work, the educational work there, they will have a good background for going into the City or into the County as productive citizens. Please, think kindly about them. Mayor Ferre: Alright, thank you, very much, Ms. Liberty. Now, we have the opponents. How many opponents want to be heard tonight? Just you Grace? Oh, I'm sorry. (BACKGROUND COMMENT gi 129 231979 Mayor Ferre: 1 see, alright, thank you. Ms. Rockafellar: Mr. Mayor and members of the Commission, I'm Grace Rockafellar, I'1.ive at 814 Northeast 71st Street. I'm President of the Northeast Miami Improvement Association and President of the Northeast Taxpayers Association, I'm appearing here tonight as a private citizen. Now, we are not opposed to the program that these people are proposing and the word "dumping" I think that". that was thrown at me a coupleof times here tonight, but I believe Mr. Mayor, you and Father Gibson originated that term three or four years ago when you were talking about all of these... all the different municipalities refusing to,-. take their share and they were putting them into the City of Miami. Now, the Planning Department did a study on this and as Mr. Whipple said, testified tonight, this area is impacted, not just with this program mental retardation, drup abuse, alcoholic abuse, halfway houses, congregate living where they are sending the mental patients out of the hospital in to live. This is our objection. Now, if the City Commission wants to put all of them in the City of Miami, that' alright withus, but we say put some of them on South Miami Avenue, some on South Bayshore Drive, let's scatter them around a little bit. Now, there was. a remark made here tonight twice I believe, that these people are from this area. If you recall.Mr. Mayor,when you had Chief Harmshere before this and you asked him many, many,very specific questions about where the girls that walk the Boulevard come from. Chief Harms told you that they came from all over Dade County, very, very, few of them came from the Northeast, if any. They come from Broward County, they comefrom out of state, they come here because they seem to think that this istheir grounds, but thank heavens the Police are doing a pretty good job on this. Now, what we are objecting to -- I had a young man call me the other day and he said Mrs. Rockefeller, I'm a Black man, I own my property right across... catercornered'`'across from this. He said "Is.it because this is a Black communitythat the City, Commission doesn't, care? Is this why they are putting all these things into this area?" ""And said:" No, I can't answer that question, you will have to bring that up at the City Commission level." And Isaid "As far as I` am concerned,whether;; you are Black or White it makes no difference,you are citizens, you are property owners and you have pride in your neighborhood." All we are asking you to do,Mr. Mayor... I hope these people... I wish them a lot success with "their, program as I wish every one of these programs a lot of success, but what we ., want them to do is scatter these around, not impact the Northeast area than it already is. And that was one of the bases why the Planning Department recommended denial on this because of their study and:. found that the impact is so strong. So we are saying give them their program, but located it some place besides the Northeast area. I think Bayshore Drive is a wonderful place for it. I think South Miami Avenue is a wonderful place. And the Doctor, that spoke at the last meeting stated that they are going to take their training at the University of Miami. Now, the lJniversity is right next door to Coral Gabies and this Doctor was from Coral Gables; and she, said it was going to add an awful lot to the community. Well, Coral Gables; is always trying to upgrade their community, but what I'm saying isthat the people come in from Coral Gables, they come in from South Miami, theycome in froni every place else and the only place they can find to locate these institutions is in the Northeast area. And we are just asking you as members of the Commission to be fair. Don't over imnact our area, it's impacted already, scatter these places around and I wish them good luck with their program and God bless them, but we are just asking you to be fair. Thank you. Mayor Ferre: Alright, thank you, very objector? Mr. Manes: Mr. Mayor and Commissioner, my name is Aaron Manus, 1 live at 860 Northeast 78th Street. I own and operate my business at 7301"Biscayne,. Boulevard. I'm also Vice -President of the Northeast Miami Improvement Association. We have been before your body many times also speaking out against halfway houses, and congregate living facilities of this type in our area and we would like to make it perfectly clear, we have nothing against the Jesca people and how., they have compiled a very remarkable record over the many years they have been in service here) in our community. But once again, we would like to say that the Northeast Miami is an area that has had some problems over the past few years. It's an area that's struggling right now to regain some of the prosperity it's had in previous years. It's probably the oldest and most established residential community in our area, but time after time, we find that halfway houses and, rehabilitation centers and clinics of one type or another1 whether it be drug abuseorcriminal offenders or mental retardation; are being placed in our. gl 130 l 2 3 1979 area. The Jesca people say that they were not aware of this conglomeration of services of this type and,you know, I'm sorry to hear that for Jesca, but Jesca also has to realize that this is a community where people have lived all their lives and when they sell their homes they want to get a fair market value. And we have found talking with people that live in the area, people that are near other congregate living facilities and rehabilitation centers, that it does not make a very appropriate selling point for their houses and they are having a very hard time selling when they are located next door to a criminal rehabilitation center or a mental retardation center and we would like to ask the City Commission that if they see it necessary to accept these inside the City limits, to once again, space them out somewhat so that the Northeast area is not overburdened. I would also like to point out that of the four or five proponents that spoke, while two or three of them, I believelived in the City limits none of them were residents of the Northeast area of Miami. Once again, please deny this request. Thank you. Mayor Ferre: Alright, the next speaker? Mr. Moore: My name is Robert Moore and I'm living at 5022 Northwest 14th Avenue. I own property over there in the Liberty City area and this is my particular reason as to why I am objecting to the project. The gentleman who spoke as a proponent for the... I can't remember his name... before the project a while ago, he was saying something about sixty-five petitions that he had signed, that he did get in.wherein the people in that area were for a project. Well, in my speaking with the people of that area and I got some petitions myself, it was not sixty-five petitions, but I did tell the people as much as I knew about the truth of the project. Now, if this gentleman did so... I don't think he did. The reason I said I don't think he did because the few people I talked with they told me that someone had been by before and was speaking to them in favor of the project, but did not enlighten them as to what was going on with the project. So they signed the petition and was actually angry after I came through and I also got signatures of that same individual. I have owned property in that area for about five years, a couple of duplexes. I have worked pretty hard with my property. I keep my property up pretty good and all the other property I see in that particular area is kept up pretty good. So I cannot see how this particular project is going to contribute anything to our area. Like the gentleman said a few minutes ago "the only thing that it can do, that I see, is to bring our property value down". I have put my hard earned money into my rental property and I cannot afford to have it brought down for any reason. When I say my hard earned money, I put everything that I own into my duplexes, it took me close to sixteen thousand dollars in order to obtain these duplexes. I do not get that much rent from these duplexes compared to other areas. Now, I am getting something like a hundred eighty-five dollars a month. They are very good duplexes, very spacious two bedrooms, air conditioned, carpet, eat -in kitchen, what have you. Now, with property value going up in other areas and the way taxes is right now, I cannot afford definitely to rent for less than a hundred eighty-five dollars a month. If I do rent for less than a hundred eighty-five a month, I might as well give it up now as far as my property is concerned. This property that is being proposed for the ex -offenders project, it cannot be any more than one foot or a foot and a half from the sidewalk. The sidewalk is directly on the street, there isn't even one foot between the sidewalk and the street. Now the little courtyard that they are speaking of,I don't see how all those kids are going to play in that little courtyard. They are going to venture out into the streets and the streets are very narrow. Mayor Ferre: Alright, thank you. Mr. Moore: One more... my property is sitting about fifteen feet within my property line. It is sitting directly across from the proposedproject area. Fifteen feet and the width of the highway, the width of the sidewalk and then there is the property. How can anyone... if any of you had property over there beside this particular project that is proposed, you would be here too, tonight in objection to it. I wish you would consider this very closely and not... I. wish you would consider this very closely and in consideration of the people that actually own property around there in that area. Thank you, sir. Mayor Ferre: The next opponent? Are there any other speakers in opposition? Alright, if not, do the proponents want to rebut anything at this time? No. Ok. Anybody want to add something? Selma? Alright. gl 131 JUL 23 1979 Ms. Alexander: Mr. Mayor and members of the Commission, you don't have in your packet the total breakdown of the figures. You have only the figures and the little dots in the Northeast section. I asked Mr. Whipple if you had the total... that's just the Northeast section. But you have not seen the total map. Now, a very bright young lady who's name, I'm sorry I don't recall, gave;. us a very excellent review of the survey she made.: Mr. Whipple tells me it's not completed, but according to the tables that we got at the time that it was presented and according to the percentages of what kinds of things were where, Northeast section was not that impacted in contradistinction to other sections of the City of Miami or Metropolitan Dade County for that matter.Now, I'm not going to discuss ;Coral Gables because that's not our purview, but the Northeast section was not, repeat, -was not adversely impacted according to those figures, but you don't have themmembers of the Commission. You don't have the total survey and I find this, very difficult to understand and.I suggest that before you make any decisions in this matter one way or the other, that you... what is the name of that lady who made.. (BACKGROUND COMMENT OFF "THE -PUBLIC RECORD) Ms. Alexander: Carol Fax, brilliant gir1and did.a-fantastic job, made a wonderful -presentation to. the Planning -Board 'in terms of just these kinds of things. because we requested, because the, story was we.were dumping and we, wanted to be sure. And the figures" don't bear" out.. the facts as relayed and ,so on that basis I have nothing more to say except thatyou have not seen the total` picture and on this I rest. Mayor.Ferre: Alright, Ms; Rockafellar: Thank you, for an. opportunity;.to .rebut -that." `<If you recall one :other time we were before the City Commission and;I had thedirectory` from t" the HRS,' it was'their latesdirectory)showing,"that ninety ;percent of"all of them were in the City,. of Miami and the majority of ,those were in_ the Northeast area. It was put out by"HRS. There,"was a` -young lady here.: -that night.'from HRS and she said that this isn't true. She came over"and I said:"I's this:. Your directory?" She said "Yes,: it is", I said;;"there ,is he"facts that bear you out, the Northeast area is impacted and it',s very impacted." And as I' said before'we,are not opposed to the-programehink"they are doing"a good job. We are... just asking this City Commissionto be fair and put°.them "some place°else. besides the Northeast area. Thank you Mr. Plummer: Archie, I,assume you are speaking as the applicant or whoever is I have a question"I want to ask. Who is speaking -for,. the, applicant? Jesca is the applicant? Archie you speak for Jesca, I know. I.have'an- area of concern and I'- know you really can't answer it, but see if you canhelp me overcome my concern. You in fact give the maximum number of females which is twenty-four. Now, some females have one children andothers. have six. What is your projection as to the number of children-- I think :that has a big bearing on the amount of play area, you know, involved. If. you are";talking about twenty-four females and twenty-four children, you are talking"` about" one, given set of circumstances." Can you give me any idea as to what, you think.... Mr. Hardwick: First of a11)Commissioner Plummer, we have said to the Planning.` Department that we will modify the 'number of females that will.: reside at that facility. It is not twenty-four at this particular, time .":;We.are seeking to modify the number to tent an average stay of thirty daysper month, because of. the two hundred square feet requirement. .Plummer: You should have said that in the beginning. Mr. Hardwick: I said`: it in the' I said it in the"beginning." I`>said it at+the last meeting, I" think it,was last Wednesday, night,"that"we".;will"modify the number •of females and ',their ',children. to live. at `that facility"anaverage""stay~; of thirty days and it will.be a daily. -rate, of -ten. Mr. Plummer; Ok but here again,. if you are going .to;.have tenfemales what are' you talking about? You know, to me the critical area is playground space for the gl 132 MW s MN ., ry 3 19i* • kids. Would you say that on the average as you know it from your dealing with tiis.day'in and day out, that the average would be two children per female? Would it, be three or would it be higher? Mr. Hardwick: It would be one or two. Mr. Plummer: One or two? Mr. Hardwick: Yes, on the average. Mr. Plummer: Thank you. Mr. Rolle: You have to understand too, we have other services besides there., We have five early childhood development centers and more than likely we will be putting a number of those kids into our other services during the day. Ok, utilizing other services that we have away from that area. Mr. Plummer:• Yes. Mr. Rolle: Ok. are talking about one point. Mr. Plummer: I have a question of the Legal,Pepartment. This isnot before us for a change of zoning or a conditional use or a variance, it comes under that special category. Ms. Maer: Of eleemosynary: use. Mr. _ Plummer: ._ Yes, the word :I can =;t pronounce. reserve the right of review? Ma. Ms. Maer: This Commission could pass it they choose to the approval of it. Mr. Plummer: If the Commission passes no the right of review? As such does this Commission attaching any sort of conditions attached, Ms. Maer: specify that in your approval. Not unless you conditions that do we still have Mayor Ferre: Alright, further questions of the Administrationor the„Legal. Department? Further questions, hearing none, what is the will of this Commission? Mrs. Gordon:' Mayor Ferre: Yes, Mrs. Gordon.' Mrs. Gordon: Since we have to recognize the fact that it's aways a tough decision to make whenever there is a proposition of this type and we face these things every single time and it doesn't make any difference what neighborhood it's being proposed in. The neighborhood never wants the project. We have a responsibility in our community to provide services for people who require some kind of special attE :.ion and I know it's not going to be a popular decision to the community at large in the particular area that's being proposed. But it appears that the facility has some advantages for the kind of program that is being sponsored in it. The program originally was for sixty days as I understand it, now it's been cut back to thirty. (BACKGROUND COMMENT INAUDIBLE) Mrs. Gordon: Frankly, I personally believe that the sixty days would probably be a better stay for the individuals concerned whose lives are very touch and go to say the least and to disrupt those persons too rapidly certainly isn't going to be too much rehabilitation in my opinion. Mr. Mayor, I'm ready to go with this item. I will move it. Mayor Ferre: Mrs. Gordon moves the overrule of the Planning Advisory Board and recommends in favor of. In other words, for overruling. Is there a second? Alright, there is a second. Father Gibson is recognized. Rev. Gibson: I have mixed emotions about this project, I want to make sure that. my brothers hear me. I'm not going to be like some others. I have mixed emotions. I would not vote for this project unless we had the right to review. 81 133 JUL 2 3 1S, It's so easy to come here and tell us what you could do and then after you.leave, you know, some -of these 'things aren't done.;.I want some stringent reviews.. And I want:'some of you who ladies and... persons goingthere or know those who may.have to go there to tell them that we a really going to monitor that program, We are going to monitor that progratn. I. want you to know how reluctant:.I was of .that motion. I'm going to say what none of the others is going say. ::I want to monitor it to the pointthat if you don't keep that rule, man we 'are going toput you out. That's what I want to do. I want to monitor it because I_have mixed emotions for, the people who... Well, let me do it this way. Some of.you,,,you know, don't know that there was. :a time we didn't_live,.:. you understand what I'm saying? You young people, don't know the backgrounc, around -here. And:.y,ou've. got to really make it for a lot of us. And someofyou' :know,,you get in there and don' t:.give a damn, ,I want that to go in the record. And I want you to_, start cutting that out. I second:it with the idea,: that I:will give you a year's trial, if you don't make it man, I would want you to go. I know you say, I don't sound like a brother,'well, you 'know, L:want you to know that :I mean' business. That's ail 'I'm saying. Mayor Ferre: Alright, further discussion on the motion, it's been moved.. Mrs. Gordon: Question to the applicant. The property, :is that a property. being leased or is the property owned by the agency? Mr. Rolle: it's one. being leased. It's being_'leased. Mrs. Gordon: Ok, wh'at is your lease term? Mr. Rolle: ;. For one, year. Mrs. Gordon': You have a one Mayor Ferre: year, then I°will. accept the one year. On what date does the lease come due? Mr. Rolle: June Mayor Ferre: Mr. Rolle: You Mayor Ferre: Mrs.Gordon: Mayor Ferre; 30th. June 30th, alright. mean when d02s itterminate, right? It':terminates June 30th. Ok.Yes, for termination is. June 30th, alright. Ok, we will accept the `one year .in_the motion. Further discussion? Mr.Fosmoen: Mr. Mayorwas that `.with .the reduced: occupancy as offered Jesca? Mayor Ferre: Yes, o b course,.that•has`to be -a .conditions -to it. makethis:observation-of my:'fellow; Commissioners._ that property? 'Ain'.t•-thatright?„ Rev. Gibson: Let alsome There is a church adjacent to Mr. Rolle: Yes,. there is. Mr. Hardwick: I have a letter from them supporting this. Rev. Gibson: Just remember there is a church adjacent to. that property and;. you know what that means?' Make sure that on Sunday.. when they,are, trying to hold service you don't put them out of business, because .they :will be down here my brother, and when they. come "I.'m going to be on their side. That 's�:part `o my restraint in monitoring, do you understand? Ok. Mayor Ferre: Alright, call the' roll. gl 134 JUL The following resolution was introduced by Commissioner Gordon , who moved its adoption: RESOLUTION NO. 79-552 A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 36(2), TO USE PROPERTY LOCATED AT 6605 NE MIAMI PLACE, LOTS 3, 4, 21 AND 22 LIBERTY PARK AMENDED (6-86) AS A FEMALE EX -OFFENDER SERVICE PROJECT FOR A MAXIMUM OF 24 RESIDENTS AT ONE GIVEN TIME, SAID FIGURE TO INCLUDE FEMALES AND THEIR CHILDREN, PER SITE PLAN ON FILE, WITH 0.0 FEET YARD AREAS AND PROVIDING 12 OFF STREET PARKING SPACES; ZONED R-3 (LOW DENSITY MULTIPLE);. CONDITIONED UPON REDUCED OCCUPANCY AS VOLUNTEERED BY J.E.S.C.A. AND FURTHER CONDITIONED UPON 1-YEAR REVIEW BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by.Commiss adopted by the following vote: AYES: Mrs. Gordon Rev Gibson,"Mr NOES: Mayor Ferre. ABSENT: None. Commissioner Gibson, the,resolution was Lacasa and Vice -Mayor Plummer. passed and ON ROLL. CALL: Mr. Plummer: I will. make my statement very "brief. Every once and a while we have toilet. our hearts;, overrule our good conscience, I guess. There is a crying need, the women in distress has inore or less been put out of business, there is no question. There is a tremendous need especially in the area of females and I.think that with this review process we put you on notice that you better be good neighbors andif you are not, then we are going to deal with you accordingly. So with that protection I vote "yes". gl 135 JUL 2 31919 vnAR', tiYali k a...:31a 1mi 43. PLANNING & ZONING GARMENT CENTER REDEVELOPMENT PLAN. ITEM: Mayor Ferre: Alright, take up Item 12. Mr. Fosmoen: Mr. Mayor? Mayor Ferre: Mr. Fosmoen: For approximately six to nine months we have been working with the representatives in the Garment Center Fashion Di: rice as well as the neighborhood in preparing a Redevelopment Plan to carry out the objectives that. this Commission stated in it's Fourth Year Community Development Application. We are bring to you tonight a summary of that plan as well as a resolution: for your consideration which would adopt the plan in principle. That resolution would then be transmitted to Dade County for their formal adoption and we would begin land acquistion clearance and disposition of property in this area in accordance with the City's adopted master plan and it's community development program. Mr. Matt Schwartz?from the. Planning Department1is"here' to give you a brief overview of the project as it's contemplated.`.; We have met with the neighborhood and I believe we have fair support from the neighborhood for this project. Mayor Ferre: Alright, Mr. Schwartz? Mr. Matthew Schwartz: Thank you, members of the Commission. The Garment Center Fashion District Redevelopment Plan has involved an extensive analysis of one the most important commercial areas within the City of Miami.. The study area boundaries are 29th Street on the North, 1-95 on the West, Northwest 2nd. Avenue on the East, Northwest 20th, 21st Terrace and 22nd Street on the South, this is the area just North, of the Town Park urban renewal area. This study; was undertaken for the following reasons, the recognition by the City of Miami of the need to retain the garment industry in the City of Miami; the need to support the continued growth of the Northwest 5th Avenue commercial area; need to provide new job opportunities for low and moderate income residents, of. the City of Miami and the need to remove substandard housing from the City. of Miami..; and provide standard housing for the people to be displaced. As Mr. Fosrnoen has stated,the Planning Department has been working with representatives of the business community for approxiinately two years. In the preparation, of°this. plan7meetings were held with the business community residents and representatives. from the Wynwood and Overtown communities. The City Commission recognizing the need for theexpansion of the Garment Center in Miami has appropriated $1,800,000 in community` development funds for the expansion of this district. As Mr. Fosmoen has also stated prior;. to the initiation of redevelopment activities it is required under the State Act thatthe City approve a Redevelopment Plan. The fashion apparel industry is the largest industrial employer within Dade County, employing approximately twenty-eight thousand people County -wide. There are six hundred thirty-five firm within Dade County generating over seven hundred million dollars in revenue and over one hundredmillion dollars in salaries In addition to thousands of workers who are in Allied Industries, Dade County is the third largest garment center within the United States ranking after. New York and Los Angeles. The major growth of the garment center in Miami and the garment industry in the County did occur after the Cuban influx into Miami in the 1960's. In the City of Miami there are approximately three hundred garment -related firms employing over nine thousand people. Other concentrations exist in Miami Lakes.. and in Hiaieah,within the City of Miami and historically it has been centered within the garment._ center area from 23rd Street up to 29th Street and from N. W. 2nd Avenue over to I-95. Today there are approximately one hundred ninety-six businesses within this area. Aproximately seventy-eight percent of them are related to the garment... the fashion apparel industry. Generally the area North of 23rd Street of our study, area is industrial and wholesale retailing activities and the area South of 23rd Street is residential. There has been a steady decline in residential units within the area. Over the past five years t� 13 .�1 1t_ gl 1 there has been major expansion of retailing and wholesaling activities while there has been a decline in garment manufacturing within this area due to the. escalating land values which has been forcing many of the garment manufacturers to seek locations outside the City of Miami where land is less expensive. Today approximately four thousand people are employed in this area. Certain problems have been discerned in this area North of 23rd Street. The high cost of land the limited amount available, space, insufficient size parcels based on current standards for development and the difficulty in land assembly, has forced, as I previously stated forced manufacturers out of Miami. There is difficult access to the area, there is no exit on 1-95. There is insufficient parking, there is a deficiency of about seven hundred parking spaces within the area. This is especially critical for the retail, wholesaling operations along Fifth Avenue. And there is a need for employment training. The garment industry today, being a major employer of low and moderate income residents of the City, there is a deficiency of a few hundred jobs in this area today and there is a need foran aggressive job recruitment program. The southern portion of the area here,thatwe are suggesting... we are recommending for redevelopments includes two 'sections, .the "area from 21st Terrace to 22nd Street and from Northwest.2ndAvenue to 1-95we are recommending over the next five years for redevelopment activities. The area South between 20th Street and 21st Terrace we are recommending that no redevelopment occur at this time. This is an area where there has been a steady decrease in population and there has been about a thirty percent decrease in population since 1970. over ninety-seven percent of the residential structures are substandard, over twenty percent of the land area is vacant, the few businesses that are remaining in the area, in this area, are generally very marginal. This area lies within a portion of the City of Miami, that is currently over impacted with low income and... excuse me, public housing and subsidize housing and the present market conditions preclude private reinvestment, in the area. It's a dying community. In summation, we have an industrial area that is crying for space, that is thriving at the present tirne and we have a very blighted residential area immediately South of it which has also been a blighting influence on the urban renewal area located to the South. Weyas part of the study?a survey was undertaken of the businesses in the area and it is iriteresting to know that there were forty-four firms in the area that are considering expansion and twenty-three of these firms are interested in additional land for acquisition. Based on the amount of interest for redevelopment;:for. industrial expansion we could generate approximately one thousand new industrial jobs in this area. The recommendations of this plan basically call for infrastructure improvements North of 23rd Street and land acquisition South of 23rd Street. The land -use pattern that we are recommending shows is)basically?the existing pattern with the concentration of wholesale, retail and manufacturing operations along Fifth Avenue over to the expressway and manufacturing and the remaining Eastern portion and Southern portion. We are recommending in the land.use plan that the presently residential area between 21st Terrace, 22nd Street and 23rd Street be changed from residential to industrial. To accomplish this the plan has certain recommendations which include the rezoning of this area for industrial use. The establishment of an overlay district to protect garment manufacturers from the expansion of wholesale retail operations in the area. We are recommending certain parking improvements We have been working with the off -Street Parking Authority about the possibility of constructing a three hundred car parking garage on a existing off -Street parking lot in the area. We also are recommending two other parking lots. one in the vicinity of 29th'"Street.this map shows a parcel that a developer who already is interested in developing so it would be somewhere in this general area, in the Northwest area and another recommended site would be on 24th Street plus additional parking could be provided In the redevelopment area, the expansion area located South of 23rd Street for employee parking. We are recommending certain street improvements, beautification project along 29th Street, some improvements to Fifth Avenue, the development of a Boulevard just North of the urban renewal area to buffer that area from the industrial area and some other minor street improvements in the area. We are are recommending improved access to 1-95, this is in the domain of the State, the State is presently doing a study of the 1-95 corridor in Dade, Broward and Monroe Counties. As an outcome of this study we are working with the consultants trying to get an exit ramp and an entrance ramp on I-95 in this area. Rev. Gibson:` To get a what? JUL 2 31979 .;'Schwartz: An exit andentrance ramp onto 1-95, this of the retailers and the manufacturers in the. area. Rev. Gibson: Let me say this before you say anything else. I" shall always remember' Sidney Aronowitz going to Washington, I don't know how any of you remember that, asking them to give that exit. You know what? At that time they didn't want it, didn't need it. I; just want to make sure to put that into the. record. The danger, of old people being around is that they remember when you young peoplecomealong and you know, never heard it. Mr. Schwartz: Also, the plan recommends improved signing from the existing I-95... I-195 exits to the Garment Center Fashion District area. We are recommending improved public transportation to the area. We believe this' will occur with the advent to the Rapid Transit Station and the Santa Clara Station at 12th Avenue and 20th Street where shuttle bus service will be provided to the area. Most important to the redevelopment will be the establishment of the Vocational Training Program and Job Recruitment Program geared for the residents of. the Wynwood and Overtown areas, both area which have excessively high unemployment rates. The City of Miami Planning Department is currently working with Federal, State and County officials and representatives frorn neighborhood groups in the establishment` of. such a program. We arealso recommending that Mini Park and some other landscaping improvements occur within the area. One of the major, factors in this redevelopment program is the acquisition South of 23rd Street, this map does designate the parcels in purple and in brown that we are proposing for acquisition. These are overall substandard residential properties and nonconforming industrial activity. There are approximately three hundred twenty-three housing units in this area of which two hundred eighty are presently occupied. We are also talking about the spot acquisition of approximately forty-five units North of 23rd Street. We are recommending' that this acquisition occur over a five-year period. Overall this plan is a ten million dollar project. Phase I)which will take approximately five years is about five and a half triillion dollars, of that we have $1,800,000 in community development funds presently available. We are_recommending a possibility of a._ revenue bond for the" construction ofa".parking garage, " highway improvement bond funds for some of the street improvementsand additional funding fron the Federal Governnient through the EDA. The Planning Department feels very strongly: that for the econornic health of the City of Miarni, that the garment center beallowed to expand because not only will we be creating a thousand new jobs, but we "will be retaining many of the existing businesses which will be forced to relocate out of the. City if reasonable land is not made available for industrial expansion. We'd just like to briefly show you some slides of the area, both the existing garitient center and the redevelopment area to show to you the contrast in conditions. (AT THIS TIME THERE WAS A SLIDES gl 138 the major concerns JUL 2 3 1979 Mayor Ferrer Alright,' turn Off:the lights.. Mr. Schwartz: This is along Fifth Avenue, there are many new structures, a lot of commercial rehabilitation under way, privately financed. This is looking unto Fifth Avenue from 29th Street... The Garment Center area is also expanding along 29th Street. These are some of the new buildings in the area... some of the recent street improvements that were done with highway bond funds... This is one of the brand new buildings in the area, renovation. This is one of the larger facilities in the area . Some of the parking' area. This the City of Miami Off -Street Parking lot. As we had mentioned before, parking is a problem within the area. "This is just at the border now where there is industrial activity and the residential area. This, is some of the vacant land, underutilized vacant land just South of the Garment: Center now. This is another one of the vacant lots some of the residential structures. There has been a gradual abandonment of this area This is one of the new buildings in the area, North of 23rd,Street. It=s interesting to note that approximately fifty percent, of, the business in the areatoday is generated by Latin Americans .where: thenew n shopping mall that: has recentlybeen-opened. Mayor Ferre: Fifty percent of the business.. Mr. Schwartz: irifry4prOntjA the business'. business.'. Mayor Ferre: country?' people coming from out of the Mr. Schwartz: Out of the country shopping in Miami. (SLIDES PRESENTAT1U.' CONTINUES). These are some of the structural conditions out on 23rd Street and this area probably has the highest concentration of dilapidated housing in the City of Miami. This was part of the NDP-3 area under the Neighbbrhood Development Program in the late 1960's and early 1970's but no redevelopment activity has occurred in this area. This is the R-10 Public Housing Project located just South... Some of the'abandoned buildings. One of the problems in this area as existing building codes and regulations are being enforced is not economically feasible to rehab these buildings. The Housing Stock is characterized by concrete monsters and . Alright? Thank you. Mayor Ferre: Alright, thank you, very much, Mr. Schwartz. Are there any opponents that wish to be heard today? Anybody here in opposition to this? Alright, what's the will of this Commission. Are you an opponent? Rev. Gibson: Mr. Mayor, let me ask a question. Mayor Ferre: Alright, I only want to hear... excuse me... Do any want to speak? Is there anybody in opposition? Are you against? UNIDENTIFIED SPEAKER: With conditions. Mayor Ferre: Alright, come up and tell us what your conditions and address for the record. JUL `? 3 1979 Mt. Dorsett: My name is Kelsey Dorsett, I'm a member of the Overtown Adhoc Committee for redevelopment of Overtown and I would like to make a statement and some suggestions to the Commission. Having reviewed the Garment Center Fashion District Development Plan, the members of the Committee, the Subcommittee working along with members of the City of Miami Planning Department would like to address this agenda item and express several concerns that we have. While in general the Committee agrees with the redevelopment objectives of the garment center, we wish to reinforce to the Commission that past urban renewal efforts have caused great disruption of community life and has contributed to the decline and lack of future viability in the Overtown areas in the past years. It has also resulted in the exclusion, uprooting and general disruptions of any semblance of continuance, cohesive, family life, in the predominately Black community. Therefore, the Committee wishes to make the following recommendations to the Commission in considering the proposed Garment Center Redevelopment Plan. °Number one, regarding land acquisitions and disposition. We propose or suggest to the Commission that once the areas are acquired that a local development corporation of residents and displaced business owners in the affected areas and Overtown be allowed to purchase and.. redevelop the acquired land and that these residents be allowed first priority k in repurchasing the sites for redevelopment. We are under the opinion that there is nothing in the presentcommunity development regulations that would prohibit`- the disposition ofthe land to a local development corporation or to other Black -owned businesses. Second part, that a revolving loan plan be established to provide low cost guaranteed loans to land development corporations for the purpose of assisting with these efforts in that community.` The second part, Mr.` Schwartz mentioned the recruitment and training of local area residents. We would like to stress to you the high unemployment rate in the area presently. We. suggest that the City secure a letter of credit from CETA or some other existing government -assisted training program which would guarantee a continuous program of recruitment, training and employment for those displaced persons: and other residents of the Overtown community. We also suggest that this training program be target for the present and future residents of the immediate and adjoining communities located in the Overtown area during the next five to ten years as the adjoining areas are being redeveloped. We also suggest that in this redevelopment plan the businesses that locate in this area agree to assist with adjunct training programs and plans for the local residents which would provide for them a continuous supply of trained persons in such areas of managerial positions, sales, other skilled positions as well as machine operators. There will be...` well, there presently is and will be a growing number of residents in the`. adjacent areas and we think they should be allowed priority in concentrated training and employment opportunities in this area. Respectfully, submitted, the Housing and Economic Subcommittee and the Overtown Plan Development Committee ° thank you. Mayor Ferre: Mr. Dorsett,I want to congratulate you on a very clear and; very precise statement. I think it's well written and the ideas are clearly thought out. I would tell you thatfor the most part I subscribe to the general tenure, of what you are saying. I;` think you have to put some realistic constraints on it. For example, if you are talking about the area residents getting a priority, you have to say, you know, for three months or six months or something because you can't tie that property up forever. And obviously, with regards to, loan. guarantees and revolving loans and things like that, there again we have to live within the reality of what, you know, we can't hold back the proper redeveloptnent of an area beyond a certain point. And I, think we have.. to do everything within. our power to cooperate and see that it gets done, but I think there has to be some very clear definitions. Mrs. Gordon: Mr. Mayor, I think that one waythat, that can be handled probably`. would be in a first refusal approach because I think that the area.residents should have the first refusal if they want to build or construct:on the land`: that was originally theirs, they should have that right; but of cours'e,.you can't hold it up forever, okay? Mayor Ferre:` Mrs. Gordon; Do you know what I mean by the first refusal? You know, before anybody else gets to get the package the original property owner would get the;. first right to say if:I want it you know. Rev. Gibson g asks question, but did not place his question JUL` 2 31979 Mr. Fosmoent Yes, sir, we will work through Dade County just as other redevelopment projects had. Rev. Gibson:..I didn't ask you that... I'm talking about the City. The City is going;to buy the:; property,. condemn it and go to those guys out there who, are doing "business and say "hey,man, here you are". Does the City have that right? Mr. Fosmoen: No, we have to work through Dade County, sir. Rev. Gibson:.:Alright, that's number one. Number two, isn't it true that when you since you have residential housing out there, that a part of your obligation' is to jointly with business, you ,know, .put back in there some housing for the people whoyou are moving. out? Mr. Fosmpen: Not necessarily in that same area, Commissioner, but we have an. obligation to -provide adequate relocation resources. It,need not bemixed, in with the industrial redevelopment that .will occur. Rev. Gibson: Alright, let me`.ask you this. The only place'you are going, to, get any housing is; HUD. Just_ remember..'. be careful.of what ,you are going to say now,°because I'm -the Vice -Chairman for that Board. -$',Where are;you,sg`oing,to put these.people when you... 'you know,when you take that. land and all' that? Where are you;; going to house them? Mr. Fosmoen: Mr. Commissioner, the process would be the.same-as any other redevelopment project. Little HhJD, at Dade County,would, assist these people in finding adequate, relocation. Now, as:part of.the Culmer Planning immediately South o,f this`area,,there is new housing being built. There is new housing being built in the'_Model Cities area with.City funds,_in field housing. Part of this plan that's before you includes a relocationsection which demonstrates that there' will be adequate relocation resources -in this community. Rev. Gibson: Let me tell you some of my concerns and fears. Incidentally, you wouldn't know this, I use to live on 21st Terrace and`:6th Court. Itshocks you,. doesn't it? --. (BACKGROUND COMMENT OFF THE Rev. Gibson: I use to live on... I was one of those first that had to get out. I ain't anxious to see nobody move .out of there right now. Emotionally I can't stand it. i want to make` sure everybody knows I have my biases and my prejudices. And I am seriously, I:seriouslyam concerned about how you are going to divide that property and what does it do to that housing project abutting. You know, the bakery used to be there... you wouldn't know nothing about that. And then those houses there and then you know,... you see what's happening and you had the big argument... I want to say this for the benefits of you who are representing that area and who wanted to buy it up. I shall never forget when you hadthe argument... Mr. Schwartz, do you remember that? The argument about ..(rest of statement (inaudible). Mr. Fosmoen: Commissioner,,I think perhaps we need to take just a couple of minutes and talk a little bit about relocation. The properties in there... a number of them and I think Mr. Reid can give me the specific percentage are absentee owned.There are a number of rental units that are owned by absentee landlords. When we acquire a property and when we relocate someone who is a renter, they are entitled to four thousand dollars to put toward the down. payment on a new house. Now, if they are a renter. Rev. Gibson: I know that from HUD, but let me tell you this, I'm not.. Mr. Fosmoen: The same rules apply. Rev. Gibson: Let me say what I am not saying, I still want Black folk to be living over there. Let's make sure we get that record straight. So in your development, I want you to also, if you could condemn that property, you. knowythe City might well want to put some of it's housing money back in there. Have you ever thought about that? Mr. Fosmoen: Well, Commissioner, the Plan that is before you suggests clearing substandard residential, redeveloping it for expansion of an important industrial base in this community, which is the garment center, and providing relocation and new housing opportunities in more appropriate areas of the City, including Culmer and,you know, we are working with the Culmer community now in preparing a total redevelopment plan for that community. So I want to be very clear that 141 JUL 2 31979 gl what's being proposed here tonight does not contemplate new housing back in this same area, but rather industrial reuse with housing occurring in more appropriate locations. One of the problems that we have is the conflict that exist between those industrial uses and those residential uses. Rev. Gibson: Maybe the`ruidelines you saw are not the same as the one:. I saw and may be:I can't re,..d as fast as you or I don't understand as well as you But I want to warn this Commission, I want to warn this Commission. See you already... 1 The area you are talking about, has its problems to itself, you are just compounding = the problem: m Mr. Dorsett: Mr. Mayor, one other comment. We are not here to oppose the Plan.; What the Committee ishere for is to ask you to consider`sharing'.the future " viability of the growth of the area. I lived Overtown, I; was born Overtown Dorsett, Wheatley of Cultner._ I went to school in New Washington Heights and various things. We have been disjointed, split apart, sent out to Liberty City, Brown Sub, all out, and now the area is coming back and Black people are notable to share in the growth of the areas from whence we came. This is all we are asking, that the development corporation be setup to allow to assist... to allow them to assist in the redevelopment plans. I'm sure that the corporation people will be more than willing to work with the garment center representatives along with representatives of the government. This is the statement we have. Rev. Gibson: Let me read this. Wait a minute, let meread this so that you know I'm not jiving. (READS PORTIONS OF THE. PLAN INTO THE RECORD). Isn't that what it says? Therefore, Gibson is dead on target and right. I -want you. to develop the Plan and put some of those people back in there. And`I want to make sure that some of those people who are running those business aren't board out and moved out. I. want to make sure that's in the record before anything passes, I wantto make sure those two;. provisions are kept. Mr. Cox: Mr. Mayor and Commissioner, my name: is Sidney Cox, I'm a businessman. from. the Overtown area, 1 have been there for forty years. I have had a business there ,for twenty-six years and having worked with the Adhuc Committee, the PlanningCommitteeyas Mr. Dorsett has previously stated, it is not that we are`, opposing the Plan, but we are here to ask that for once... I have observedand`' have been a part of having my home and my parents, home taken away for expressways andwhat not. But this time we are asking that if you take this particular area just give us a chance to put a development corporation together and work with the garment center and put up some of itui1dings and be a part of it this time, not just kick us out and not let us participate this time. Mr. Plummer: Mr. Mayor, let me, if;I.may, make just a few comments and then we can make any motions that you want to make. I. think presently anybody that travels that particular area and I'm speaking of the entire area, both the, residentia]:,and the garment district, that there is really not a whole lot there that either side is proudof.:.I think that we see very, very deteriorated housing, some of thetn tothe point where the City is really derelict for not removing them as a safety hazard and the residential community cannot be proud of that. Yes, we do have some nice housing, the HUD housing on both sides of. 20th Street. I think the one thing that':I am most concerned about is the word "relocation", but I think the people who are there who are going to move, whether it's across the street, across the avenue, two blocks or four blocks5should.be at the first the main consideration. I. think the second thing that has tobe remembered is that this property which is, if in fact condemned, and I'm sure a lot of it will be gladly bought because people no longer do anything but pay taxes on the property, we can't as a%Commission just say "ok, business ABC you get this one, business CBX you get this one" this is going to have to go back out onto the market and as such those people will be buying for the expansion of their business'. as well as other people who will want to establish businesses. And I think this is the fair way that it has always been done. Now, as far as developing a corporation, this is nothing new this has been done in the past and in some cases it's prove to bevery, very successful., And it would be my hope and I think for the betterment of all, both sides, the residential and the industrial, that in fact that these people get together, form themselves a corporation and can be a part of it as the fruits of the labor that everybody enjoyed. The one< thing that I have always shown an interest in the garment district, I think without a doubtlit probably is the single,largest industry that we still have in the City of Miami. And on a number of occasions these people have rightfully come before this Commission and said:" Look our business is growing, we must have more space and as such need to expand". And as it stands today there is little or no room for expansion. I think that this area just cries out for improvement gl 142 and I think that if we had the cooperation of both sides, the residential and the industrial, that we could in fact come up with something that we all would not only be proud of, but something that both sides could enjoy the fruits of the labor. I would hate to see this bogged down and nothing be done. I think that's the worst thing that could happen to everybody concerned,if nothing is done. Here we have the opportunity of an infusion of outside money, Federal money, into a project that could benefit everyone and it would be my hope and desire that this does not stalemate to the point where in the final analysis nothing is done. That I don't think I could stand. Rev. Gibson: Mayor, I want to agree with Commissioner Plummer with the exception that I am not going to sit down here anymore and let you all take government money and then move folk out, because the only people who ever get moved out are Black folk. They are the only people. Now, when you develop this plan, you develop it so as to put some housing back tne're so that the people who, you know,.will go working there will have some place to go. Don't give me that jazz, because I happen to know the HUD... I know the HUD picture better than a lot of you think I do. See and nobody has specified, nobody has talked about going over'; on 2nd Avenue, going East of 2nd Avenue, Do you know what I'm talking about? Don't let me interject that other side. ok? So get your act. together brother, get your act together you, the staff. You get with those:people and make sure that part of that land is cut-off for housing too, based on`the Federal -:government guidelines. You read it didn't you Mr. Mayor? Mayor Ferre: Rev. Gibson:' Ok, the Federal guidelines said that. I. want you to keep. it. Mr. Meyerson: Mr. Mayor Mayor Ferre: Sure, go ahead. Mr. Meyerson: Madam Commissioner. Gordon, Rev. Gibson, Mr. Plummer and Commissioner Lacasa, you are the only one that don't know me. Fortunately for me, I named'. that district the Miami Fashion District and I.would like to get it clear,' step number one, that it be referred to as the Miami Fashion flistrlct as the City Commission refers to it in it's records since 1973. It served it's purpose then... Mayor Ferre:. you have got to identify yourself for the record. Mr. Meyerson: Oh, Sol W. Meyerson, Biscayne Boulevard, Miami, Florida. That's number' one. Number two, the district is not from 20th Street to 29th Street.. It's from 20th Street to Northwest 36th Street. There is plenty of room to move to Northwest 6th Avenue to North Miami Avenue check the record 1973. The sole purpose and in the record, when we named the 'Miami Fashion District, a the Commissioners except Commissioner Lacasa. It was Manolo Reboso as you all know well, that every deteriorated, dilapidated, abandoned home was to be automatically rezoned industrial, because if the land owner permitted that building to go below standard, it should be condemned immediately and automatically and it should be zoned industrial so that the industrial business does not wonder into Miami Lakes, into Hialeah, it's kept within the City of Miami for wholesale and retail. Now, what they want to do with these buildings... we must favor a portion of this Plan, the City must favor it, because these buildings are so deteriorated, so dilapidated that it could only become worse. With regard to people being moved out, in some instances-- Rev. Gibson will agree with me I believe-- that some blocks where some of the kids are>and especially where the liquor store.,and the barber shop,and the book making in that one spot) Reverend, you know that we closed it together, closed up that.area where you used to live, some spots have to be closed up. We had this the other night. at the Planning Board meeting, it had to be closed up. Some of the people are better off being moved out of the area, because they would have a new life or to other HUD operations within the area. But you have got to have a reasonable amount of industrial area to move and if that's the only spot to move down within 23rd Street and to North Miami Avenue there is plenty of space for the next five, ten years. You don't have to move people lock, stock and barrel. You don't have to demolish everything. And if some residential areas have to be torn down let Adhoc reproducetor rebuildl or let an association rebuild, nothing wrong with that, but it should always be referred to as the Miami Fashion district. It should aways be referred to as Northwest 20th Street. to Northwest 36th Street and North Miami Avenue and Northwest 6th Avenue and whatever is abandoned or deteriorated the City should see to it that its are condemned and are flattened out. And whatever the value is it should be paid for unless they maintain their housing pro rly. Nobody should be moved unless a JUL 2 31979 • building is maintained in good order for people to live properly within the area. In this matter)I agree with Rev. Gibson, but if the out of State owners and. landlords that purposely allow these buildings to deteriorate to a point where they are not livable,it has to be torn down. And they have to make room for industrial businesses such as anyone who can form any organization "'that " can buy it, not outbid one another, but put a price on it and give certain people preferences. ,Thank you, very much. Now, are there any further statements? Mr. Johnson: I have one statement Mr. Mayor. My name is Charlie Johnson, I'm a community reinvesttnent officer with First Federal Savings and Loansand I sit with the.. City of Miami's Technical. Review Committeeand"the"Overtown Coordinating .Committee. I have a question in terms ofemployment in the =. garment district at this point in time. Does anyone have any figures'on the number of. Blacks thatare employed in the garment "district? (BACKGROUND COMMENTS INAUDIBLE) Mr. Meyerson: I< think Mr. Kantor will best be served at Tropic _• Togs.. employs many, many people in that area and he knows everyone in that area. Mr. Jackman: Let me tell you something about my plant while I'm up here. started a business in that area about twenty-eight years ago... yes this is in answer to his question. Mayor Ferre: We need an answer record, so that it's... a question and we need your name for the Mr. Jackman: My name is Frank Jackman of Holiday Sports Wear, 537 Northwest 24th Street. At the present time we have seventy percent Black, thirty percent White in Miami in the factory down there. We also have a`subplant in Haiti where we employ about four hundred. The reason we had to go there was we couldn't get space where we are... we could get plenty of Blacks, they will comein, but we don't have the space for them. We started with a thousand square feet twenty- five years ago, twenty-eight years ago approximately. Today we'have fifty thousand feet and we are busting at the seams. That's all I have to say. Mr. Johnson: I appreciate that. My remarks were to the total garment district, I think you, have done an economic study on that. Can you tell me the percentage of Blacks that are employed there, please? Mayor Schwartz? Mr. Schwartz: Our estimatesare that there are four thousand people employed there but we do not have a breakdown. " We didn't take aracial breakdown of employees. , Mr. Johnson: Ok, thank you. My concern .is wlth the redevelopment of the Overtown area. The proposed expansion actually goesdown into that area, down to 20th Street and most of the people that will be.relocated will be Black. I note here. the minutes from the July lOth'meeting `at Robert E. Lee Junior High School and in accordance with these; minutes under Section IV, job availability, (A) Emilio Lopez,` stressed the need to incorporate,inwritinkin the redevelopment plan the types of jobs or training for jobs that will become available. Now, all that, we are asking is that you do or carry out what was recommended by or in the public hearing on July,17th We are futher stating specifically that recruitment,training and guaranteed employment by a concentrated training program (A) that the Citysecure a letter of credit from the South Florida CETA Consortium or other existing government —assisted training programs which would guarantee a:continuous program of recruitment, training and employment for those displaced persons and other residents of the Overtown community. That is the community from which these people are going to be displaced. This training program would be targeted for the present and future residents of the immediate: and adjoining communities, located in the Overtown area. (B) That in this redevelopment plan the businesses that locate in this area agree to assist with adjunct training plans and programs for the, local residents which will provide for a continuous supply of trained persons in such areas of managerial Positions, sales, other skilled positions as well, as machine operators. Now, it appears that we are attempting to comply with what the community recommended on July loth through Mr. Lopez and we are asking that you not approve thisplan until gl ekt • you follow the dictates of the community and specifically) as indicated by Mr. . Lopez. In sumary, this is not an attempt to block the expansion of the garment district. What we are hoping to do is to insure continued employment of all segments of the community within the garment district and readdress the problems that you have at this point in time in your current employmelnt e that patterns and along with this provide adequate housing for those poy p will be relocated and those businesses that at their discretion will be relocated or if they wish, exist to remain and do business in that area. Thank you. Mayor Ferre: Alright, what is the will of this Commission... alright,. hopefully the last speaker. Mr. Kantor: My name is Mr. Kantor, I'm President of Tropic 'Togs. We employ close to_four hundred People or batter. And."I don't know when... 1 would like to` ask Commissioner Gibson, when have you been in this area last? Because there is very, very few residential peoplein the whole area. Rev. Gibson: Mr. Kantor, let me tell you this. I spent most of my upcoming life over there, but.I was over there at neighborsFriday. Mr. Kantor:Alright: Rev. Gibson: I mean and went over every street from 20th"to'29th'and I know that's definite that you... gl. 145 JUL 2 31979 1 ■ • Mr. Kantor: I don't doubt that. > I've been in that...I've been in this business now for 31 years on that block.. We started with 3,000. square; feet and we're. up to around 10.0,000 now. Out of the 400 people we employ over 70% are Black. I can't see any difference if a person is Black, white, green or yellow. If.,: he can do the job we will employ him. The whole industry will. We' have offered an answer to what this gentleman said, we have offered. the industry itself has offeredto man the schools that we be allowed to, to teach the...our sewing people and our sales people, we would send our own teachers in there to teach it. There are schools right now that can't get enough students to come' in to learn it. Lindsay Hopkins can't get enough students. What we are trying to do is expand the business so more people will have something, to do.` They're will be more -employment>for people. I don't blame you for not wanting to displace anybody. But my argument is, that there is very few people there to displace. In our neighborhood, the 10.blocks "we'are talking about up to 29th Street, I don't think there is 100 families living there anymoreAnd the houses are so bad, I wouldn't want their to live there. I: think.the 'City is derelict. of its duty by not knocking half of them down now. Father Gibson: Mr. Kantor, I want to help everybody. I want to move that this full item be sent back to the staff to be dealt with, taken into consideration, and I...I mean recommend as to those suggestions that were made. That's. a ,,motion Mayor Ferre: All right there's a motion on the floor. Excuse me. Mr. Kantor, I'll be right with you. Is there a second to the motion? Is there a second to the motion? I . Let Plummer Vlell, hold. on. .� ° Mr;me. "..Father -::when;: you; soeak, of ,the. motion, you're saying,; as `I understand;it, one, that" the residents be given a chance to participate in the redevelop- ment as far as the property is`concerned. Number 2' is something I 'don't think we. can:;do,, Father. And, that's the ,low"plan as 'far ::asbac2.kirg .loads�s . concerned. I don't think this Commission 'can' 'do that. Father Gibson Look, Mayo Father Mr. m not.. r Ferre: He'' s 'not talking " about that. Gibson: on"the load. Plummer: Yes, it is. Item b. Mayor Ferre: No, no. But that by Mr. Dorsett. Father Gibson he read out of the... s a memorandum, that was presented,, s main=concern is .an item hat Father Gibson: Out of the guidelines.' Theguidelines for that.. . for the CD money < is that you provide in that area houses. Don't tell me, I read it... Mayor Ferre: All right, I would recommend this, Father. That we would adopt this tonight with ;that`. provision" added to the ordinance itself. Father Gibson-, I'll buy that. And plus... Lacasa: What...what...what is the provision? Mayor Ferre: you do with it. Well, lets read it into the record exactly ?.what did Father Gibson: Let`me have Ms. Sommers bring that record. Mrs. Gordon: The guidelines read that way. 146 JUL 2 31979 i r. f Father Gibson: O.k. Let me read this in the record. Thank God...Thank God Mama sent me to school. %'Number 7, provide assurances that there will be replacement housing for the relocation of persons temporarily or permanently displaced from housing facilities within th9 community redevelopment project area!' This is number 8. Provide an element of residential use in the project area, if such use exists in the area prior to the adoption of the plan." Don't tell me... don't tell me there is no housing provision there because the houses are there. I told you I was there as late as Friday. Mayor Ferre: All right, Father Gibson... Mrs. Gordon: Mr. Fosmoen would you speak to that issue, because .it is in the guidelines. Mayor Ferre: All right, Father Gibson moves that item 7 and 8 that he just read into the record be incorporated into the main motion and that... Mrs. Gordon: And also... Mayor Ferre: that:number 3, a question of priority, a tight of first refusal) on the assembled land be given to the people that live in the immediate vicinity of the property taken. Mrs. Gordon: 0.k. I'll second his motion. Mayor Ferre: All right, is there further discussion. Mr. Plummer: Yes, under discussion, I then have to question, what are we accomplishing? You're not, in my estimation now, and somebody tell me if I'm wrong, there...what you're saying Father..what you're saying, Mr. Dorsett, in your memorandum. You're saying allow the people of the community to come back and enjoy the fruits of the labor. Father is saying, put housing back in there. Mayor Ferre: No, no. You can accomplish both of those things. Mr. Plummer: I want to understand... Mayor Ferre: Well, let me repeat what I think I understood. And you tell me if I'm wrong. That if somebody is living there and you take that person out of that, that you provide that person some kind of reasonable housing. Okay? And the second thing is, that if prior to your going ahead with this plan there are people living in that neighborhood, that somehow, within the neighborhood that you provide them with some kind of residential alternatives. And the third thing is, that if you're going to go out and take property and put it together and assemble it that you give the people who live there the priority. Father Gibson: Right. Mayor Ferre: That's what I understood and 1. Mr. Plummer: Then, then let me just... Father Gibson: Arid don't just give them $4,000. You know, I know that game too. Okay? Mr. Plummer: Let me...let me be a little bit clearer so that maybe I understand it. When you say, find residents within the neighborhood, where is the neighborhood? 141 ist JUL 2 3 1979 ist -Mayor Ferre: Well let me.. Unidentified -Speaker': What we are sayin Father Gibson: I could tell -him Mr. Plummer: -I'm listening"Father. Father 'Gibson:J.L. instead of using ,up 'sll those 'blocks to expand .- the garment district, you make the provisory.. `. if you : must .°go on this side of Second Avenue, I have_no If you want to come...or if you -want to stop within 23rd Street,.;I-have no gripe. You'know,-,there is plenty -land," plenty; land. around there -man,; and I'm saying to, you, you staff people you can go thisway and: find the housing.If-that's,;the way'you;want to go, ,all right. Mr. Plummer: ,In other words, east of Second Avenue, Father Gibson: I don't care, that's their problem. ,Mr. Plummer: All right, then you're giving them room to breathe; giving them room for expansion.Yes, I have no problem with that.' that... Mr. Dorsett:` We re also .asking the Commission, :before this plan is approved', if they have to or "would like to remind it to. staff, to come up with some -more creative, ideas in terms of developing, recruiting...recruitment and training. programs for the people that wi]i. be there. Not just to'go"outside of the community,, bring workers iri. And, also, encourage' employment of managers and:Sales people who' are from a higher echelon levels rwithin,- not, just =the machine --operators. Lets share this pie." Lets share it on 'a greater `level and `on a' greater scale. And if-theindustry wants to'oarticipate in training programs what have you, fine all'well and good. We welcome this. Mrs. Gordon:, I. think that's a, tremendous' idea. Are there funds available for training programs within, this relocation unidentified -Speaker: There are currently. they are 500. short... Mayor Ferre: Did you ever hear of CETA? Mrs. Gordon: Well, I know I heard about that too. I'm talking about,in the -relocation district that .sJbeing designated=redevelopment district. Are there special "funds available for.that purpose? Mr. James Reid: In- terms of training - for the needle industry the...whether the'Federal policy is going to allow funds for that purpose has reallyhas not been determined. For about 40 years they would not. And under a new Federal program, the public...the Private Sector Employment Program the may. .And we are exploring that with CETA and with the private sector °rouncit is being set up. So thaf the answer... Mrs. Gordon: I' think it's a wonderful idea. Mr. Reid: We ...could. `I make 2 , comments? Number one, we welcome these ideas for improvement of the Plan. And we feel that if the Commission... we have to take this to the County Commission before there can be, final approval 148 JUL 3 1979 under„ Federal...Floridalaw. So we would hope that the`CommissionWould approve.'the Plan, set forthwith conditions and we. would. report back. to you, in September in terms of what we have done to deal with your -concerns. Mayor Ferre: We have a motion on the floor as amended. there further discussion? If not... Mrs. Gordon: I just want to state a fact."'. And that is the ideal situation is for people to be able to walk.ta their work. Mayor Ferrer All right, further discussion on the motion? Call the roll please. The following resolution was introduced by Gibson, who moved its adoption: RESOLUTION NO. 79-553 A RESOLUTION APPROVING THE GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT PLAN AND RECOMMENDING APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS. SUBJECT, TO CONDITIONS STATED IN THIS RESOLUTION (Here follows body, of resolution, omitted here and on file in the. Office of the City. Clerk). Commissioner Upon being seconded by Commissioner Gordon, the resolution' was passed and adopted by the following vote: AYES: Coimissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice -Mayor J. L. Plummer, Jr. Commissioner Armando Lacasa Mayor Maurice A. Ferre NOES: None Mayor Ferre: All right, thank you very much, ladies and gentlemen. Thank you for your presence. The matter is approved... the item is approved with those 3 amendmentsin it. Mr. Kantos, congratulations to you for being appointed on our Economic Board and I hope... Father Gibson: That's right, wejust voted you in there. Mayor Fevre: You do a good job. Well, if you get better housing you'll fill up the schools. All right, ladies and gentlemen. I respectfully request that when you leave.. al right, we're to session now. PLANNING AND ZONING ITE?!: CHANGE ZONING CLASSIFICATION 44. FIRST READING ORDINANCE CORNE:: OF VIRGINIA AND OAK STREETS FROM R-2 TO C-2A We are on item number 6, 149 JUL 23 1979 1 ist now which is the next item that had many interested people involved. On, first reading,an ordinanceapplicationby Charles Gottlieb to changethe zoning of the corner of Virginia and Oak Streets from R-2 to C-2A. This item was deferred from the City Commissionmeeting on June 26th. The Planning recommends...the Planning Department recommended approval. The Board denial. 5 objectors. Now, we've been through this, as':I recall, twice before. This is... well, before this Commission twice before. You may have been before the . Planning Board 'a couple of ` times but you have been here twice. Now, " how many opponents are there that wish to be heard. That want to speak tonight? That want to speak. 1, 24 3, 4, 5, 6, 7 opponents. okay, 8, `9,- :10. 0.k. How many...does anybody need more than 3 minutes? I... I saw about 9 or 10 people so that's abouthalf an hour here., All right, now, the proponents. How many are there? O.k. We'll give you equal time. Wheredid....where did we leave this last time? Mr. Aurelio Perez-Lugones: Mr. the Department in thiscase. and. Commissioners we will hear from Mayor'. Ferrer All right, we'11 hear from the Department. Why did we postpone it last time? Mr. Richard Whipple: Mr. Mayor, it was deferred last time for a request of a legal opinion pending from the Law Department concerning the fact of whether or not the zoning application before you was a valid application Strictly with respect to the fact that the adjacent zoning as we accepted the application on the hearing officer accepted it on, was in fact, separated by a street. And the Law Department has submitted an opinion on that and is here to respond to that. Mayor.Ferre: Allright,lets hear from the Law Department. Ms. Miriam Mayer: After researching this issue, the Law Department of the opinion that as the zoning district map reflects in the Atlas, the center line of Virginia Street'. and the center line of Oak Streetsrepresent the boundary lines for the `C-2A'districts. Therefore, the subject property is R-2 and.,it's bounded by C-2A on both sides. Therefore, this application is a proper application. One.'. the Mrs. Gordon: Has not been answered. Maybe you have an answer, but you haven't answered it. And that is that the street, R-2 has never been applied for a change and therefore, the property line is. the areathat the application is complying to. Now, it isn't that you couldn't expand on that and and, you know, and go and have another hearing and so forth and so on. But it has not been done. And that is the issue that I raised,not what you answered. Ms. Mayer: Commissioner,:I understand what you question is. However, I must state that a general principle in zoning law is that your zoning districtsdo not have to coincide with your property lines. Now, our zoning district maps indicate that the boundary line for the C-2A zoning district runs down the center line of the street. Now, until such time as the zoning district map is amended, subsequent to public hearing, that is the boundary line for the zoning district. 3 979 Mrs. Gordon: You're not answering me. I; don't you're even following me. •I'm not talking to the C-2A, dear. I'm talking to the R-2. And I'm talking to this application which relates only to the property line of this application. Therefore, I'm saying there's a hiatus between the property line and the center line and that is an R-2 classification and how can you change it without ever having a hearing on it.? You could say, arbitrarily, that we're expanding it but you have never, ever advertised that you were doing that. on the'. street. Follow <me. ? Mr. ` Plummer : Mrs. Gordon: Mrs. Gordon, I guess. I'm running it's a technicality• the meetin Mr. Plummer: May I suggest that you take and formulate a question andlet them answer. Mrs. Gordon: I'm trying to J. L. But then I'm not getting an answer to the question... Mr. Plummer: All right, but she keeps saying she understant. Now... Mrs. Gordon: I know. Their answering different questions. Questions I'm not posing to thern. Mr. Whipple:, Mr. Plummer, perhaps I ;might be able to add something to the proceeding here. In response tothis question, I did consult with the City Zoning consultant who is working?. on a new zoning ordinance; and as everybody knows hasdone numerous activities and studies , and in his opinion ..... identify him for the Mr. Gottlieb: For the record, "Dr. Ernest Gottlieb, Professor of political Science and Planning, University' ofGainsville. He's part of the _consultant; team of Barret, Gottliewho is the zoning ordinance." doesn' Mr. Plummer: I didn't ask for a commercial. him. Just identify Mr. Whipple: Thank you, sir. In response to the question, as I related it to him, as I. understood if from Commissioner Gordon what she is saying now, it is not tradition nor is is routine nor is it standard operating procedure per se to zone the streets. The streets are, in fact, public domain. They have no relationship to zoning per se, other than they are used as a boundary line when necessary, to define zoning districts of which they apply to. We do not have a zoning district for instance in Zone 3 to allow vehicles, Eor trucks. ONESPRODUCINGOF EAENT CONTINUINGLNOI EUNIDENTIFIED DROWNEDSSTATFMENT OFTHE ABOUT RECORDING MICROPHONE SPEAKER AT THIS POINT) So, the point is, streets are streets and are separate and apart from the zoning and the designation of use heights and other regulations which we are delegated, the City delegated to regulate within our realm. This =1s (inaudible) land. Just let me carry the point to one turther extreme indicating our statement of R-1 that is outlined in the zoning district when we go on Commissioner Gordon's hypothesis there are some blocks which do not specifically have an R-1 in them but yet they are separated, 151 ist JUL 231979 ist by a street. Under Commissioner Gordon's assumption, these blocks would have no zoning, which in fact, is not the case. Because the zoning district lines down streets and around perimeter areas including or excluding these are all`ecompassed. This is what Professor Bartlett is trying to tell us and this is followed up byour Law Department. Mr. Plummer: Bottom line, is it .Professor Bartley' this is proper before, us or improper. _ t' is. Plummer: It Unidentified'Speaker: Mr. Plummer: Thank you Mrs. Gordon: Again, I need to continue that line of discussion to a conclusion. Then you won't be "satisfied, but it will be a conclusion. And that is, the code reads that you must have 40,000 square feet or 200 front:, feet of property to apply for a change of zoning. Or, you must be abutting the same zoning you're applying for. Now,"I maintain that this property is not abutting the zoning that has been applied for. It is divided by a strip of R-2 and therefore, unless the application went from the center line it is an improper zoning, it's improperly before us. Ms. Maer: Commissioner, conceptually, that one half of a street, which;I think you are indicating as R-2 can be viewed as the boundary line separating the C-2A from the R-2 zoning district. And therefore, it would be a proper application because it would be an extension of the C-2A zoning district.': Mrs. Gordon: Yea, but you never "applied to change the street portion. There's been no application to change anything but the private. property. Ms. :Maer: As a matter of precedent, if you would look a_ the several pages listing other applications which were properly before the Commission in the past, you'll see that this particular use of the street as a boundary line has been 'followed' time and time again. This would... Mrs. Gordon: Yes, but you still have never applied, nor has 4 anyone else, to change it from the center line. The application has only been from the property line and there is still that R-2 portion of street dividing the C-2A, from the R-2. And, I'm not going to argue it any further because everybody knows what I'm talking about by now and you can either chose to agree or disagree. But, the point I've" made. Mr. Plummer: I guess we see now why lawyers work by the hour. Okay, Where are we? The normal procedure is opponents speak first. If you wish to add anything, then we'll hear from the objectors and give you time for rebuttal, if you wish. I think >I"can make this very brief. Unidentified Speaker: T think I've explained .'`.. Mayor Ferre: Can I interrupt for a second. Plummer is... no, Plummer is Chairing this and that's fine because he does a better job than:I do sometimes, And 1... Mr. Plummer: What do you mean, sometimes? Mayor Ferre: Well, what I'd ].ike to recommend, Mr. Chairman, is that you limit discussion --to. new information because if JUL 2 3 1979 we start repeating the same things over and over again...: we've ` been through this twice, so please, make a very crisp, clear case not repeating what you said before. If. have new information fine, otherwise, lets keep it on. And the same goes for you. Okay? Mr. Plummer: Fair is fair. Mr. Gottlieb. Mr. Gottlieb; I have no other information. Mayor Ferre: Give us a l minute summary of your position. Mr. Charles Gottlieb: Well, my position is that very briefly we;have applied for C-2A, we propose a R-3 use "accompanying a voluntarily proferred deed restriction to such R-3 use which deed restriction has been submitted to the City Attorney for its viability and validity and enforceability. We think we have a good R-3 plan, to propose here. We've covered the, transitional use objecti�nS with some exhibits fromthe Building and Zoning Department which clearly state in'a letter before you of June 6th, 1979 to the effect that adjacent property owners could riot avail themselves of transitional use on their property. And the only thing that I would add that my researoh reveals, and this is probably the only new ;Wing, your Honor is that the zoning atlas map is part of the zoning ordinance and clearly draws the zoning district boundaries down the center of that street. And I think that the City Attorney may or ;may not concur with that, but our research indicates thatthat zoning atlas page is part and, parcel and written and adopted as part of the. ordinance.. what I'm saying. ` That's right. Mr. Gottlieb: And therefore, that if: it says that R-2 is on. one side of the <center line of that street and C-2A is on the other side of that line, I dare say then, that you are dealing with the, thickness of the line of the unzoned portion" of the property. But that Zoning Atlas being part of the zoning ordinance clearly says that that street is zoned to the center line of that street as indicated on that map.Thank you. Mrs. Gordon: You're agreeing with what I'm saying. You're not disagreeing. You are absolutely confirming what I said : Your application didn't gotothe center line. Your application just went to the property line. Okay. Mr. Plummer: We'll give you a chance at rebuttal. All right the opponents that wish to speak with the proviso, I hope, that we will only discuss items that are new to the application. If you'll come forward, for the record identify yourself and your mailing address" and proceed. Mr. Ralph Aaron: My name is Ralph Aaron 3275 Alamanda Street, Coconut Grove. Mr. Mayor, I am not going to say anything that I haven't said already. I'm going to say something new. First of all, I'm a little surprised as Mr...Commissioner Plummer knows, that the Metro ;lade County. Department of Traffic and Transportation, to wit, the Transportation Planning Division did not pass a comment as they are wont to do on this particular item. Because it is my understanding, that this department of Metro government, does 2 things. One, it passes a comment in favor of a particular petition or item or if it's against it, it says nothing. In a sense that it says no comment. But, the Department of Traffic and Transportation didn't even review it. They didn't review the traffic impact or implications of the kind of development that is being proposed at this particular quadrant of Virginia and Oak Street. And, I'd like to know why. That's number one. 153 1 • • ist JUL 23`1979 r..Plummer: Well, lets. see ifwe can get an answer-. r. Whipple,"<or whoever would respond. Whipple:. I did not hear the final comment. Mr. Plummer: Well, the comment was that this application was not submitted to the Department of Traffic and Transportation for review. r.'Whipple:. The procedure, for the record, is that all agenda go to the Department of Traffic and Transportation of Metropolitan Dade County. They review the agenda, pursuant to the City's request in the past. And they submit comment on those items that they feel merit or warrant comment. Either in the negative or positive manner. And the majority of time they do not comment on a change of zoning unless it is a large change of zoning which would involve great volumes of traffic. Their main concern is the movement of traffic. And they comment on those items which they feel involve significant movement of traffic and submit in writing to the Hearing Office their comment prior to the meeting, for the Zoning Boards review. And I think if you wanted to ask Mr. Perez, he'd be able to dig into the file and show you the memo they sent on this item going before the Zoning Board. Mr. Plummer: Mr. Perez? Did they respond? Don't, d take this on Mr. Aaron's time, now we're ... Mr. Perez: They didn't respond in this specific instance, sir. Thoughthe agenda was forwarded and they did make some comments on other items. Mr. Whipple:. Commissioner Plummer, if I -may ask. Does that mean that they did not respond to any items on that zoning Board or they; did not respond to that specific item on that agenda. . 'Plummer: to any other items on the agenda? . Perez: They did respond to some of the items on the agenda. Did they respond Mr. Plummer: Then, having'no%response silence, give consent. Mr. Perez That is correct. Mr. Plummer: All right, that's a normal a normal procedure, in. your policy. department, Thank you Mr. Aaron:. Sir, that is not what the review analyst told me when>I -phone him and spoke to him. Silence means either they feel that: it does notwarrant comment or it means they disapprove is what he told me. And, I think I have sworn to tell the truth here. Mr. Plummer: Well, all right. Mr. Aaron I'm merely trying to get answers. sir. Mr. Aaron: All right, that's...that's that's one item and the reason I'm asking for it, it's a basis for another deferral. But we'll go on to the next item, if I may because it affects my life savings right around the corner from this subject site. Number 2, it is my understanding that before...before an application for a zoning change, if it is not in conformance with the Comprehensive Neighborhood Plan. Master Plan or one of its component elements, which is the Master Plan Study for Coconut Grove, this item, that there has to be a change of the land use if there is a conflict in zoning requiring a land use change. And, here 154 ist JUL 2 3 1979 I've asked him to wrap it up. we have R-2 to C-2A,.which means, from residential land use to commercial land use. So, the procedure that is required is that there be a public notificationof the need or the requirement for this change, land use change, and two, a public hearing that has not taken place,. there is a 'conflict. between the Land Use Plan for the City and Coconut Grove, to wit, approved in 1976 the Future Land Use Plan, and if you would take a look gentlemen, at this quadrant , the Land Use Plan calls for 2 family or residential land use and zoning. That 's"the category. Mr. Plummer: Mr. Aaron, I would appreciate wrap itup in about a minute. If possible. Mr. Aaron: The next page shows you the zoning as proposed. which is an implementing tool. And it's R-2 in that entire quadrant. This is in conflict with the application. And the procedure of approving this still is in conflict with the Comprehensive Land Use Plan. Mayor Ferre: Lets get a, clarification do you want to agree or disagree.. o that. Mr. "Whipple Mr. Whipple: MrMayor, at previous hearings, we 'disagreed. This was not new material -(REST OF COMMENT INAUDIBLE). Mayor Ferre: Mr. Chairman, h submit to you minutes..._ Mr. Plummer: Mr Aaron: Three, Mr. Whipple told me in a telephone conversation that the basis for this change was to round out the 4 corners. That has never been the purpose of zoning change. The purpose of same " is. to _.implement... isto implement the Land Use Plan. Not to round out 4 ` corners. That's number 3. I just don't think anybody is listening. Mr. Plummer:" The next speaker as the objectors. If you will for the record, state you name and mailing address, please. Mr. John McDaniel: Myname is John McDaniel of 3254 Virginia Street. You've seen me here before. I've been sitting here tonight for 4 hours': gladly waiting to have my chance to speak. I'm president of Lemon Tree Village Condominium Association which represents 20 residences which adjoin the property. Very briefly, the City Attorney will tell you that the, deed restriction that Mr. Gottlieb proposes to place on this property restricting the use to R-3 will not be enforced by the City Attorney's Office. Is that right, City Attorney? Ms..Maer Mr. Mayor, as we discussed last time, these are - private restrictions and they are enforceable by the adjoining property owners, not by the City. Mr. McDaniel: So, the answer is the City will not enforce it. You're putting us in a position of having to go to court in the event any of these deed restrictions are violated. We do not wish to do that. There is one person here asking for this change. One person. I submit that the Commission has a duty to the other people who live in this area to deny this application. Further, it is a direct violation of the Master Plan which has been implemented. The line was drawn. This was the basis of the Zoning Boards denial. 7-0 of the application. I submit it does violate the plan and there should not be C-2A placed in this area. Most respectfully on behalf of the association, we've been coming back time and time again. We would request that you deny the application. 155 that inabout lU J u L 2 3.1979 ist Mr. Bryan Mark:, My name is Bryan Mark. I, live at 2797 Crystal Court and I'm speaking, on behalf of the Tigertail. Association. We also oppose the change in zoni.rig that is proposedtonight. One of the reasons that it hasn't been mentioned that we oppose it is the practical way that the streets are being developed right now on Virginia apd on Oak. North of. Oak, it is all residential at this time. To put a commercial zoning on that side of the street does not lend itself to the remainder of the neighborhood. That corner and the entire block is residential. Change it to a commercial or have a commercial ability to develop there would affect those neighbors. Even the commercial` development on the south side of Oak across from this property, has been developed as residential. Whereas the rest of the south side of Oak, as you go east to west, does have commercial, ithas no commercial on the north side. And I think that the Master Use Planshould be followed where it lends itself to the best development of the property. The most intelligent, the most rational. And I think that's the way it is in this case and I think the Commission should take cognizance of this. Further, I think it's important to note, that you have a development 'that lends itself to a residential development as a PAD and there's no reason for a change of zoning, _.except increase, density. But other than that, the intention of the developer is clear. That a PAD would do it and it would allow this developer to come in under existing, zoning and do something with the property. Lastly, Mr. Mark: Yes, -Mr.' Mayor. I' don't know, I imagine a lot of these things were commented on before. I' haven't spoken before the Commission on this. But I think the last thing to takeinto consideration is the fact that your Zoning Board has, by unanimous vote opposed this, even though Planning was in favor of it., And I think you ought to take some cognizance of that and consider it in your decision. Thank you. Ms.> Joanne Holzhauser: Joanne Holzhauser, 4230 Ingraham Highway. I am President of the Coconut Grove Civic Club and I represent them tonight. We are opposed to it as we have been from the first time Mr. Gottlieb called to ask about it. At that time, he wanted to build an office building. Through the months ithas gone on and on with all sorts of statements. There's some things that still haven't been answered, to my satisfaction. I think that the only way it will be answered is when you approve this tonight and we test it in court. Because I believe that if this goes through as Mr. Gottlieb is trying to present it tonight, this will break the back of zoning in the City of Miami. I think that every attorney that hears about this is now going to be coming before you with representations of other ways to gerrymander. I thought you had to have irregular property to gerrymander, but Phis is 100 by 150 and I think this will be a gerrymandered piece of property. I submit that with whatever the zone street width is there, whatever the setbacks are, whatever the bite is that Mr. Campbell takes out, as he always does now. Almost invariably when applicants come up Mr. Campbell leaps up to demand that they dedicate an easement to the City. I am wondering, and I don't expect the Department to be able to tell me tonight necessarily, I apologize, I do not have an architect with me, but I'm wondering when it is taken' into consideration, there is a zoned street width there, there is a right of way situation on the corners, and there is an easement dedication that's being asked on other corners all be ist over the Grove, how much buildable property is he really, going to have there? I submit to you that this application is for the benefit of 2 people. The person who is selling the property, who has every right to want to sell it at the highest price. And the person who is offering to buy the property and develop it. But I don't think it will benefit anybody else in Coconut Grove. And I want to say on the public record, that I repeat to all 5 of you, I think it is reprehensible that an applicant who has come before the Civic Club and used, words like'., this is a gimmick and this is a subterfuge to get a zoning change is still persisting in his efforts to do this. When no one in the community evidently, except Mr. Gottlieb, wishes to put it there. I think this is a clear case of us doing what we have tried to do in the Grove for a long time. Have a decent place.. We are not opposed to a decent development there, but we'd like it to be residential in keeping with the neighborhood. I would like to comment on the DOT. I'm wondering if the DOT was fully cognizant of the fact that this is in Coconut Grove terms, a major intersection That a number of us really, really had a difficult time. Finally got a traffic light put in there. Now, the light is there and we have a fire station on the corner. And I'm really serious if DOT considered this. But O'm,here to tell you that if it passes tonight, I think we'll finally get it proven in court whether this thing will stand up or not. And.I think it's a disgrace to the City to ever consider, doing this to any piece of property that is residential. Thank you. Mr. Plummer:. Thank you, Joanne. Next speaker. Just for therecord,Mr. Campbell because I was ignorant, is the Highway Engineer with the City of Miami. ?I didn't know who Mr. Campbell was. Yes, sir. Your name and address for the record. Mr. Tom; Aldrich: Mr Mayor, City Commissioners. My name is Tom Aldrich. I live at 2036 Day Avenue. I'd just like to reiterate, I'm a resident and neighbor of the people that have spoken before, Lemon Tree Village. And I couln't repeat better what was just said by the prior lady objector. If I was present for Mr. Gottlieb's presentation of what he proposed to have built on the corner adjacent to our property. Even should that be built with the deed restrictions as he proposed to be put through, I find that density less than desirable commesurate with my wife and my style of living which we have enjoyed for 7 years in Coconut Grove. We'd like to see it residential and stay like it is. Thank you. Mr. Joel Jaffer:,, My name is Joel Jaffer. I live at 3268 Mary Street. I'm Chairman of the Bayshore Alert Yes Committee. When this applicant first came before the Board, I had the opportunity of leading the opportunity of leading the opposition in defense of this. And at that time becasue of my paranoia and my way of life, I felt that the only - reason that this application had come before you was to give us people in the Central Grove something to worry about and keep giving...stop giving the City so much trouble. And, I don't think anything has changed since then. I would like to add first of all, that I have sent quite a few people into the City to register their objections. And the people in Lemon Tree have mailed their objections. And if..we constantly ask these objections to be recorded on that map. And I think ifthey were, the entire area in that circle would be red. And, you know, I think you should be cognizant that absolutely everyone in this area is opposed to this. I'd also like to point out that it is well beyond the 90 day limit put forth in the zoning ordinance in the City of Miami, for a 15'7 ist JUL 2 31979 ist zoning change to be considered after its initial application. And further, that we have never seen the owners to this property. There's still some doubt, as to who the owner of lot 5 is. One more thing is, that the contract that Mr. Gottlieb has on the property has run out When he originally made that contract there was a 30 day or a 3 month, in 2 places it was different, 3 month limit for him to get the zoning changed or the contract would run out. So that the contract, inasmuch as contracts bind for zoning changes, I think is wrong. He doesn't even have a valid contract anymore. Now, you all are always saying that I'm always opposed to things. In the first hearing on this there was one positive aspect of this whole ridiculous, discussion that came out of it. And that was.that the people in Central Grove could have a pocket park, like the people in Little Hanava and other parts of the City. And that because of this lots already lush vegatation and well placed position in the community, that it would be an ideal place for a pocket park in Coconut Grove. And that's how I'm saying that this Commission can salvage this absurd mark on the reputation of the Comprehensive Zoning Ordinance of Miami, and also give the people in the Central Grove something to point to say that they have done positive;instead of just trying to tell people that they have stopped this and that when there is nothing to back it up. So, I respectfully request that the Commission take this initiative and make this a pocket park. And take steps to beautify this part of the City instead of constantly concreting it in. Thank you. Ms. Margie Walinsky: Good evening. My name is Margie Walinsky.` I live at 3244 Virginia Street. This is my first visit to ,a Commission hearing. And I listened rather intently to the discussion about the Miami Fashion District, having shopped there many times myself. And in listening to Commissioner Gibson, I was very aware and very...listening intently to, trying to get a feel for the people in the room. ° That there was a response to the people who lived in that area. A concern about what it is like for people to be moved, to,be changed. The character of an area to be something new. And, I'm angry right now. I'm very frustrated that you have heard now, from one person to change the community that we live in. And that you have heard from a number of people who live here as well as a number of people who represent many people in the Coconut Grove area. That we wish, we care, we want our community. We care very much for it. And you should see that there is an overwhelming feeling that we do not want this zoning changed. I implore you. I wish you to listen and respond to the needs of us who live in this community. Thank you. JUL 2 31979 And,, I'm angry right now. I'm very frustrated that you hal: heard now,• from:one person to change the community that we live in. And, that you; have' heard from a number of people who live here, as well as a number ofpeople who represent many people in the Coconut Grove area, that we wish,`we care,`we want our community. We care very much for it, and I can.:. you: should see that there is an overwhelming feeling that we do<not want, this, zoning changed. I implore you. I wish you to listen and respond to the needs of us who live in this community. Thank you. Mayor Ferre: All right, any others? Mr. Steven Wysonsky: Mr. Chairman,'and members of the Commission, my name i:. Steven Wysonsky, ;and . I also live in Lemon T•-ee Village, 3252 Virginia Street. In order to wrap things up and tot unnecessarily belabor this point, I simply want to go on recoMd along with some of my neighbors who are present here tonight, es opposing the zoning application. Their names are. P.ichar ard Uinta Wa1ber,`Pa]ph arc Mildt•l.ir.e Demao, Mark Cooper, John Goldtnan,.David Talty, let me see, have I got everyone? This of course, is, in addition to the others who have already spoken. We urge you to keep the force and effect of the Master Plan and to deny this application: Mayor Ferre: Just that, I guess. out o curiosity, where is Ralph Demao? Ok. I figured Mr. Wysonsky: Thank you very touch. Mayor Ferre: Any other speakers? 0.k. You want to What's the will of the Commission? Any questions? add anything? Mrs. Gordon:" Ready, for a motion? Mayor Ferre: Let's wait for Plummer to get back. Plummer we are waiting for you. O.k. Now,we have a full Commission. Mrs. Gordon:... The motion is to;uphold the Zoning Board. Mayor Ferre: Ali right, there is a motion to uphold the Zoning Board. Is there a second to that motion?.' Is there a second? Is there a second to the motion to uphold the Zoning Board? Dies for lack of a second. The Chair is open for a motion. Any questions? Deferral, denial, move? Mr. Plummer: Well, I guess a lot of us would wish it would just blow away and go away, but it isn't going to do that. Mr. Mayor, like I told you, when everything else fails, I'll make the motion. You might not like it, but you have the right to vote for or against it. I'll preface my remarks by a few comments. First of all, I think that this Commission has to be charged with the responsibility with what is fair. And, I understand that people look at that in different ways. One of the comments that is commonly around the City Commission, is who's ox is getting gored. There is no question in my mind, that this parcel as before us this evening is an inequity. Looking at the parcel across the street, you have a fire station,which is not a commercial use, but it is far from a residential use. On the other side of the street, you have a highrise, which goes 8 or 9 floors in that general area. The other corner, at the present time, is occupied basically by a single family residence but it is, in fact, zoned for C-2A. I was concerned about 2 things, I have resolved, in my mind, those 2 areas of concern. The first, was the concern of this transitional use. That's always a concern. I think that problem has now been put to rest. It is not a longer viable situation. The second, was the covenant which runs with the property. I am of the belief that a covenant that is voluntarily given before this Commission, is. enforceable. I think it is enforceable. No one has any God given right to anypiece of property. If that was the case, there would never be any consideration for change of zoning. But, as I have said on this Commission, traditionally, when things have gone to court, the courts have looked at the surrounding, area and have said, that the three intersections 159 1st JUL 2 3 1979 are presentiv zoned and this one would, I. think, it is only my ':opinion, . • WOuld,be,deIenSible:,in' court. . And, - I'm sure- that he:: tested 1 : The.final ittiestiOh: that': to resolve _ my : Mind ,- was'the area _ relating-...thr'the MaiterfPlan. And,I 'think one' of thing's :that was. beforeit :this-H-Corrtmigt ion ,-the tei-minolOgy .•, .-was-...used,...,thati this Masterflan, of which . there, was alot of controversy,. of public r.hearings,' was not etched in stone. That this s Would :be,.,a':liveabIe viable, -.- Updated '..instruMent-.„ I don't think , thatin anyway, thatwhen we approved the-. Master: Plan, we spoke or could•We -.:Speak- to- each and every, parcel. There- • is - just no way. We • 1haVe-:.changed inany things in - the Grove. . Some • for the good, some the, residenta:vere-in favorof,some they. were oppoSed, to. Mr. Mayor, based.: upon -my.... comments and being my apprehensions resolved, I would then . Mr.• Mayor:, i;that--, the Planningii,Department be upheld. Mayor Ferre:All right, we .haVea motion on the floorIs therea second? -Is there second to.: Mr. . Plummler s Is here, a-seCOnd to ..Mr.m-:Plura: r,mot e,,aring: none,heniotion 'dies:'t for f- •second. Mr..Plummer: So be it. Mayor Ferre: -next.,?,-,-:.; Mr. Pluinmer"' Well, e -,.--heard,;_ironi ch endofthe dais. How about the wisdoui of the , center •chair?'• • Mrs. Gordon: •I fer the motionto uphold the Zoningi Board..,' • Mayor.- Ferre:; Who wants :to;,-SeCorid,.-Mrs.'"--• Gordon's second Mr. 171unmier"s :motion? H We ::::haya: to do1---•SoMething:nOw-,--:,:,,, • -• • -- , , • - • . Mrs. Gordon: 11- move to table thisltetn. • Mayor is ainotion to table. Wait •:a,; paiiitilent7y.proCadUra. There is a niotion to table. that goes • without discussion. And, the rule is that you don't need a second to to table it. Mrs. Gordon: l'there is nothing to table. We don't have MeyOr, What' a:-:the,:"Will: of this Commission. 'think we'veheard this thing sufficlently. And, 1 think everybody knows- More.. or,-lese:,:Where - stand.' put-- for •:- vote, somehow. , Mt •.' Call' me, '-iff,-SomebOdrelse,has an idea. • - Mr.::"Fosmoen::_,CtiOn :is taken, the status quo retnalns. ';- Mrs ,.. Gordon:: ,What'. did you Say;Mr. Fosmoen'?;,-„, Mayor Ferre: If you action is taken... Mrs. Gordon: What was your comment, Mr. Fosmoen? Will you repeat them. Mr. Fosmoen: If no action is taken by this Commission, the property remains zoned as it is. Mayor Ferre: I will ask for the last time, if there is a motion on either side of this issue. We'll wait till Plummer gets back. Plummer. This is going to be it, now. At this point, if there is no second... all right, I will ask one more time, is there a second to Mrs. Gordon's motion? All right, is there a second to Commissioner Plummer's motion? Father Gibson: I'll second the motion, Mr. Chairman. All right, there is a second to Commissioner Plummer's motion. Is there further discussion? Plummer? There is now a second to your motion to uphold the Planning Department, that is to reverse the Planning Board. Call the roll 1st 160 JUL 2 3 1979 10 ist AN ORDINANCE ENTITLED AN ORDINANCE AMENDING NO. 6871 THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 4 AND 5, BLOCK 1, ALLAMANDA GARDENS (6-72), BEING THE CORNER OF VIRGINIA AND OAK STREETS, FROM R-2 (TWO FAMILY) TO C-2A (SPECIAL COMMUNITY COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE 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 PROVISION Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES:. NOES ABSENT: None'. Vice -Mayor J. L.Plummer, Jr. Commissioner Armando LaCasa Commissioner (Rev.) Theodore R. Gibson ABSTAINING: None Commissioner Rose Gordon: Mayor Maurice A. Ferre 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. 45. SECOND READING ORDINANCE: EXTENDS TERMS OF PLANNING ADVISORY BOARD AND ZONING BOARD TO A MAXIMU4 OF 3 YEAR TERMS, NOT TO EXCEED A MAXIMUM OF 11 YEARS OF SERVICE Mayor Ferre: The motion carries, 3-2. We are now on item number 14, which is the City Commission resolution 78-179 adopted on April 27, amending Resolution 75-62 which granted a conditional use to permit Off -Street Parking at approximately 1570 N.W. 26 Avenue, subject to certain limitations and a one year view by the City....Oh, I'm sorry. You're right. I, was going to take up 5. Take up item number 5. Mr. Fosmoen .:Mayor, Mr. Mayor, we need to read the ordinance. Mayor Ferre: What? Mr. Fosmoen: We need to read the ordinance on the zoning change; sir. Mayor Ferre: On item which? Mr. Fosmoen: The one you just passe Mayor Ferre,: Oh, item 6, all right, read the ordinance. L-: 2 3 1979 Mayor Ferre: All right, we are now on item number 5. Mrs. Rockafellar. This is a``reading on second ordinance. I will move it again. LaCasa, do you second it? there `further `discussion on item 5? Mrs. Selma Alexander: I would like'to have some discussion on.item 5. Letssee now. Selma Alexander, 2323 South Miami Avenue, for the record. Mayor Ferre: Go-ahead. Mrs. Alexander: Oh, I don't like to speak todeaf ears. I mean, not that what l have to sayis earth shaking just a little matter of history. Historically, I sat for over a year on a task force of over a hundred people, that constructed a zoning ordinance, or rather an amendment: to the zoning ordinance which split a zoning and a planning board into 2. And, for good and sufficient reason, we made...came up with certain rulesand regulations which have to do with how long one person would sit on aboard, and rotation of such board members. Somehow or other, last December, when I was out of the country, again, Mr. Mayor, as you know;, I go out of the.country every Deceniber, and the funniest kinds of things happen when I'm out ofthe country in December. In any event, at that point in time, it seems that there was a resolution by the Planning Board four to two to extend the terms of the board members. The Zoning Board did not make any kind of resolution, but were polled and everybody:: said theywere in favor of it, or someone said they were. When J. L. Plummer asked the person speaking who had voted against the resolution, the 2, he said, oh, you know, Selma Alexander and Mary Lichenstein. Well, since I, vas out of the. country, I thought I ought to be present to be able to register a vote, and I've never been able to do it. So, I'm here, and I"have polled the Planning Board, and theperson who voted against it, along with Mary Licenstein, last December, was Tony Smith, who is presently the Chairman of the Planning Board. And, I've talked to him and`I have his permission to quote him as saying his statements of that December are still right, and thinks 6 years are enough and the rotation is fine.Mrs. Lichtenstein is opposed to it. There is someone else here whowill speak '-to.it, I am opposed to it. That's four of us. I know who wants tt, I"also knowthat there are 2 very wonderful gentlemen who are on the Planning Board now, but who are new and who have no sense of history about this, so.I wouldn't even put them on the spot by polling them. But, I would say this, I would say that it was inapproriate for the Planning Board to take action on such a self serving ordinance, document, whatever.' In your good judgment, you referred it to the Planning Department, and this was a political football that they didn't wantto play with, so they sent it back to you with all kinds of possibilities. I still think it is self serving. 6 years is enough, we had_very good reason to.set those limits. Eleven years is too much. for anybody. There are only 2 people who are affected by this, who would be affected by this change who would have to go off this year. Those 2 people are Selma Alexander and Grace Rockafellar. And I am utterly opposed. I` think 6 years is enough. I have been delighted to serve but'I think it's enough. Thank you. Mr. Plummer: Mr. Mayor, may I speak to my good friend Selma. Selma, I_.+ don't know of 2 greater arguments; that I can think of, of what my bottom line, was. And, that is there be no restriction. Both of you have served your City well... . Mayor Ferre: Amen. Mr. Plummer: And, I want to say to you, 1 feel that it is wrong that you should come off or Grace, now, this is my opinion, and I am entitled to Mrs. Alexander: Mr. 1st accept your opinion. Plummer: O.k. I am only in favor; of this which is offered here 162 JUL 2 3 1979 ■ this evening, as second best to what my preference of no restriction is. Bo, ;I want you to understand where I'm at. Because;I don't know of any two greater, arguments that says, that people who serve their City well,' should continue to =do such., Mayor Ferre: Mr. Chairman, we've been through this before, it's alums 10 : 30, I call the question. Mrs. Alexander: I didn't wat to belabor it, but I felt I needed my dayin court. I think someone else wants to speak. I think it's only fair. Mr. Richard Rosichan: I'll be very brief with this, Mr. Mayor and Commissioners. My name is Richard Rosichan. I live at 141 N.E. 45th Street, in Miami. When this question came up before the Planning Advisory Board last December, I voted in favor of permitting an extra term, and I did so precisely because I did not want to see either Mrs. Alexander or Mrs. Rockafellar forced to retire from the Board. But, I've come to the conclusion, that I feel that it would be a mistake to rescind this provision which provides for regular rotation of new people on to other boards simply on the basis of 2 specific individuals, who have done a good job, and who I'm sure will continue to do a good job, and would continue to do a good job if they remained on it for several more years. I feel, that in this case, the principle involved ought to prevail above the personalities, and it's for theis reason that I have changed my position on the matter. Thank you. Mayor, Ferre: All right, Mr. Chairman, Grace, are you going to add anything? Mrs. Grace Rockafellar: Well, the only thing I'm going to add, Mr. Mayor, is that this item was scheduled number 5 tonight, and here the following. people were here in favor of this, Alicia Baro, Gloria Basila, they had to leave. They thought it was going to be heard early. Bill Frexias was here, Pat Kolski was here, she just had to leave a few minutes ago. Willie Gort called me, said he was going to be on vacation but to cast. his vote in favgr.of it. Wellington Rolle called, he's in favor of it. Now, it;s just too bad we can't stop progress because Mrs. Alexander takes a vacation. And, Mr. Rosichan voted for this. He told me two weeks later that Mrs. Alexander called him and Mary Lichtenstein called him, asked him to bring it up for reconsideration and he told. them no, he had voted for it and he approved it. So, evidently, he's had a change of heart since then. Mayor Ferre: Mrs.. Rockafellar: Mr. Plummer:" That precludes any further discussion. Unidentified Speaker: Mr. Plummer: No, sir. the ordinance. ist r the record? 1 3 1979 c ist AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, CHAPTER 62, SECTION 62-20 REAPPOINTMENT, BY DELETING SECTION 62-20 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 62-20 PROVIDING A MEMBER OR ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD OR THE ZONING BOARD MAY BE REAPPOINTED FOR NOT MORE THAN TWO ADDITIONAL CONSECUTIVE THREE (3) YEAR TERMS, IN A MANNER HEREIN SET OUT; BUT THIS PROVISION SHALL NOT BE APPLICABLE TO THOSE MEMBERS APPOINTED TO FILL AN UNEXPIRED TERM UNDER SECTION 62-21 OF THIS ARTICLE OR THOSE MEMBERS APPOINTED FOR :ONE (1) OR TWO (2) YEAR TERMS, EFFECTIVE JANUARY 1, 1974, UNDER SECTION 62-17 OF THIS ARTICLE AND THAT SUCH PERSONS MAY SERVE THREE (3) 'CONSECUTIVE FULL THREE (3) YEAR TERMS THEREAFTER PROVIDED THAT NO MEMBER CAN SERVE MORE THAN ELEVEN (11) YEARS; REPEALING ALL ORDINANCES, CODES SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION Passed and adopted on its first reading by title at the meeting of June 26`, 1979 was taken up for its second and final reading by title and adoption. On motion of Mayor Ferre, seconded by Commissioner LaCasa, the'Ordinance;was"thereupon given its second and final reading by title and passed and adopted by thefollowing vote: AYES: NOES:`.> ABSENT:: Mayor Maurice A. Ferre Commissioner Armando LaCasa Vice -Mayor J. L. Plummer, Jr. ommissioner"(Rev.), Theodore.R. Gibson _- Commissioner Rose Gordon THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8973 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. COMMENTS ON THE ABOVE Mrs. Rockafellar: Mr. Mayor, _if,I may" fore just", a.moment. I've been a .citizen -anda tax payer,of this City for many,`many:years. For 30''years.- And', I, just want to. commend Yon; not for your vote on "this, but far -Your in:.votin :on -the merits _integrity g of •the ordinance -'instead of�Calling me to find out whether or not:I was going to support you-in°your"next: campaign and then inaking your decision then. I think this 'is the kind integrity: that I appreciate in public officials. " Mayor Ferre: Well, that, that has nothing to do with it. Thank you, for your kind words, but that has nothing to do with it. ,All right, lets get up to item 14 now, and see if we can;move on that one vay or. the JUL ? 3 1979. sR MR PLANNING AND ZONING ITEM: GRANT PERMANENT CONDITIONAL USE 46. TO PERMIT OFF-STREET PARKING LOCATED AT 1570 N. W. 26TH AVENUE SUBJECT TO CERTAIN CONDITIONS Mayor Ferre: Who is here in opposition to item 14? Allright, how many of you want to be hard? How many spokesmen are there? Three spokesmen. All right, go ahead, and then we'll take up the items on the , 8 and 9. We'll take 8, 9, and 10 next. All right, can we move quickly, now. All right, Mr. Vidal, the Chair recognizes you. l'uickly. Can you wind it up in three minutes? O.k. Mr. Sergio Vidal: One minute.. You know the case? All the Commission know the case. We are back from March 8... Mayor Ferre: Is this the third year that you are back? Mr. Vidal: 6th year. We had an engineerspecialized just:. in traffic with`the qualifications that youhanded.out, and we are still asking to be granted.a perpetual` use of the opening with" no'restriction at Due to the,"".fact, isno trucks" in 'the study...We'"have an analysis by'a traffic consultant,. Joseph Wright, done April!,19, on the week of the 12th'to the"21st in the rushing time April 19, as you can see, is showing a total of 224 cars going in and out of theshopping center and", only two. trucks into that period of titne, that was between 12 to 6 P,.M. This'analysis on which shows that 26 Avenue was without congestion during the analysis and; also we have' mailed a marketing questionnaire to 306 families surrounded the shopping center, where we have, in our favor, 75 responses, with 9 against.` We have"a petition signed by 413 neighbors supporting our request to the Coimnission to be grant the opening, forever,,.without restriction. -'That's all, Mayor. Mayor Ferre: .All right, thank you, You have 3 minutes, mam.', All right, Mrs. Elizabeth Kincaid: ;A°.: name" is Elizabeth Kincaid, 1500 N.W. 27th Avenue, Miami.. And, here we are again, with the same "malarkey, :Mr. Vidal. Mr. Plummer: Welcome home.= Mrs. Kincaid: Yes. April 19, 1979...I'm so nervous. April 1972, the Planning Board denied the original request for an opening on 27, 26th Avenue because it was from a commercial zoning, from a commercial property, into a residential area. One month later, for reasons which only that Planning Board know, they reversed themselves and granted a right to have an opening despite the fact that there were 17 objections written in, by the neighbors, who live in the area, and also contrary to the recommendation of the staff. It came to the Commission in July 1972. At that time, your Commission approved a ten foot opening onto 26th Avenue and the restriction that was on at that time, and has been on for these 7 years, is that that was to be used for an entrance only. And, this this resolved a compromise made by the neighbors because we felt, all right, we'll try to go 'along with it. It was supposed to be a conditional... a continuing conditional use. This matter has been a yo-yo before your Commission, as I'm sure, you are well aware. And, it has come back and forth and back and forth, always with this same thing. They can't control it. They can't do this. Of course they can't. They put a gate up. It was sabotaged in about 2 or 3 days. And actually, ever since the opening was first made, there, has been nothing except entrance and exits through that area. It's trucks, it's vans, it's cars, and everything else that runs on wheels. Now, my point is, and I think the point of our neighbor - 1st 165 JUL 2 3 1979 hood is, this has been a violation from day 1. If I violated a City ordinance or a City restriction for 30 days, 60 days, or 6 years... I don't think I'd ever get to 6 years without having a fine or being penalized in some way. Ifeel, at this point, that we have. fooled 'around with this long enough.Theyhave never lived up to this restriction. Our area is still residential'in"nature. Wewould like, as other people in the neighborhood do, and in other areas like Coconut Grove, Brickell Avenue, we'd like to keep the character and the amenities of our area. It is R-2, we'd like to keep it that way, and we feel as though this is the time for you to set your foot down and say, all right, f'ellas, you haven't 'lived ,up to the restrictions. It is time now, to close the opening. As a matter of fact, at the meeting, at your Commission meeting in March a year ago, 1978, Mayor Ferre made a very strong statement to the property. of shopping center owners. Look, you've had your chance. -You've got one more chance. You have a year to bring...to see what you can do and comeback for review. If you do not live up to this restriction, I personally will make a motion that the opening be closed and it revert to an R-2 area. Now, matter came up in March of this year, and I'tn sorry to say, that Mayor Ferre did not make that motion, but nevertheless, he was very strong about it in March 1978. And, what I'm asking you to do, is to make that motion tonight. Close it up. We can get rid of all this controversy, restore it to an R-2 rating, which is what it'.should be and leave it open for pedestrian traffic. I thankyou for your attention. Mayor.Ferre: All right, next speaker. Mr. William. Wood: William Wood, 1601 N.W. 26th Avenue. Mr. Mayor, Commissioners. Nothing really new haschanged since we started this, directly across the street now, from the opening in the wall, the one we are talking about," 5 .young children now live directly across the street. The duplex has been recently built that's about the only change. Thatputs them that much more closer proximity to the traffic that is directly across from their house. Thank you. 11 right, next speaker. Mr. John Shelton! My name is John Shelton. I live at 1611 N.W. 26th Avenue, which is acrossstreet.< I also own some rental property on the side of the shopping center. In some of the figures that he's put out, these 4 hundred': and, some families,I'm sure would like to go to and from that shopping center.and.they have the availability now to do it. I'm sure.that they may not want to see it changed. But, they're not the ones who are living directly across from it or they're not living directly on that street that are confronted with the traffic and the other problems'that this causes. So, once again, I'd like to ask you all to do the best you can to take into consideration our views and our residential area. All right, thank you, sir. Rebuttal? Mr. Vidal: Yes, to clarify the statement of Mrs. Kincaid. Let me tell you, we have complied, absolutely, with all the ordinances of this CommissionAbsolutely. There has been variance during the six :. years, but we have complied absolutely with all the different ordinances of this Commission. Mayor Ferre: All right. Is there anything on the other side on rebuttal? Mrs. Kincaid: Well, I'm not sure that I heard what he said, except... nice lady, Mrs. Kincaid.' Mrs. Kincaid: 0h yes, and we speak, and I use the shopping center but, darn, .I do not want that traffic through there. And, I think it should be, as a matter of principle, it should be closed because the original restriction was entrance only. It is not entrance only, it has never been entrance only,'and they are not able to control' it. So, what more is there? 166 1st JUL 2 3 1919 Mayor Ferre: All right. All right, what's the will of this Commission? Mr. Plummer:, Well, Mr. Mayor, I would like to hear from the Plan....: Building Department.: Williams?: 'Mayor' Ferre: All right. Building, Department, can we have your opinion, sir? Mr.Frank :Williams: I think in March... Mayor Ferre: What's that? Mr. Williams: I was thinking, whether it was in front of the., Commission. or in front of the Zoning Board, I"recommended that it was... Mayor Ferre:. You recommended: what? Mr.:Wi11i ms: It was an unenforceable restriction. That we've had a trouble there all.. through the years, for the last• 7 years and that'we. Mayor.: Ferre: Mr. Williams: what's your recommendation." recommendation is that.you' close .:it. Mr. Lacasa: Is that recommendation based on the fact that the -restriction is unenforceable, or, because the opening creates any'kind of nazarct, or - has resulted in accidents, or what? Mr. Williams:. Mayor Ferre: Well.`. what...what is:your recoTnmendation based on. Mr. Williams: My recc;unendation is if you allow him to come in and .out or in onewa,"ten days after this.�:Commission is with, y,-it willbe going anywhere they. want. They've sabotaged it. They,haven't really': Inet the letter of anyof the restrictions that the Commission placed on them. Mayor Ferre: -=Oh,'.but - you haven't still answered the question,Mr. Williams What is your recommendation,basedon other than the fact that there is:,. no way to enforce the regulation? Mr.::Fosmoen: But If you want... Mr. Williams job is to. enforce those restrictions, sir. Mayor Ferre: Nobody asked him what his job was. Wbat we asked him was what was he basing his recommendation on. And, 'I've.yet not heard the answer. Mayor Ferre:°'0.k. I understand. Mr. Lacasa: Mr. Mayor, this situation has existed for 6 years. In 6 years, no action has occurred? I do not believe that we serve the publicbyrestricting a situation, that for 6 years, has even alleviated the traffic on 27th Avenue by allowing part of the traffic to go in the, back. So, therefore, I move that this opening be kept open and that it be made permanent. Mayor Ferre: All right, there is a move...there's a motion, I'm sorry,. on item number 14, on the review that the applicant, the Gran Auto Center, be granted this without any time limitations. Is the year up now? Is. that why it's before us? ist ..► u t 2 31979 Mr. Dick Wh was a motio Resolution. Wedevised continuing egress and days. ipple' Mr.:-Mayor,.your last motion':.on March=8, n instructing the applicant with. proposed.amendment 78-170 with a use for off-street parking.,: a_plan.which_proved to be, effective: in alleviating', , problems in the. neighborhood caused'by:ingress':and, to- submit' to_.the City Commission within 90 Mayor Ferre: Is that why it's up -before us now? All right, there motion... that's why it's upbefore; us. See,`: we gave them 90 days. s a. Mr. Plummer: No, that's not. Mr. Mayor, I'm out of order speaking because there is a motion without a second, but I wish to speak as soon as possible. Mayor Ferre: Well, wait a minute.: He submitted into the record, and give it the Clerk, 413 signatures of neighbors that are infavor of this thing being...and theseare the...What?The. questions? The responses,:. ali_:right. ;And, :according ..to,,what ;you have here, you sent out 306 envelopes; you received 68 answers and furthermore, you had 75 that, were:. in favor and 9-that were against.` And, there was 413 neighbors petitioning that' this be 'opened, and I'll submit it into the record. Mr. Plummer: Mayor Ferre: • Bad bad. If you got 68 responses... no, I said further. Mr. Plummer: How do Unidentified Speaker: It Mr. Plummer: Mr. Shelton: other words, Mr.. Mayor, is it possible to challenge, to look a he said there's.... Mayor Ferre: ; Sure...., Mr. Shelton: 400 people on that list, I'd like to know thatthey live within, you, know, 5 _ or 6 miles. of the place, anyway. May or Ferre: Oh, sure you can challenge it. Thereis' no question about .that. ';,You go.. the Clerk will give you copies of allthat, or you, can go look at it... Mr. Shelton: Well,afteryou make nwtoig tonight, questioning. wouldn't do,- e.a.decision it me anygood to check them,would it. That's qstioning Before. they... Mayor Terre: Well, 6 years now. Mr. Plummer: interested. this has been going onfor...this'has been going on.for; It depends on which way we vote. You might = not even be Mayor Ferre: What happened to...what happened to Lacasa. Where's Lacasa? Mr. LaCasa can we get you back here so we can get this thing.. Mrs.: Kincaid: While you are waiting for him, I'd liketo say, that - if you'd see that questionnaire, you'd wonder how they could figure out what the replies really meant. I had difficulty with it. But, I'm sure, Mr. Vidal didn't read mine. Mayor Ferre: All right, we have a motion on the floor by Mr. Lacasa. Is there a second to the motion? Is there a second to the tnotion? W 3 .ti. ! n 1979 q 1st Mrs. Gordon: What is the motion, Maurice? Mayor Ferret The motion is that this thing be settled, once and for all. And, that the...that the opening be left open permanently now. Mrs. Gordon: Who offered the motion?, Mayor Ferre: Lacasa made the motion. Is there a second? Well, will second the motion` for the purposes... Mr Plummer: Under discussion. 'Discussion. Mayor Ferre: Let me, let me explain why I seconded this motion. This thing has been going on for 6 years now. I thought it was 3`.but'I can't believe it's 6 years. Joseph Rice made a survey that was brought back on April 21st and there were four different traffic counts that were electronically made in addition to the hand counts, during rush hours. The study shows, that the actual system is working and that trucks are not a significant part of the centers traffic. And, that the 26th Avenue is adequate to hold that traffic and is an. alleviation to 27th' Avenue. I don't think we should keep on going on, and on and on. In my opinion, between closing it and not closing it, I just don't see 'that there is any proof of any accident, or problems or significant... I'm sorry for the, for the dozen or whatever it is people who are concerned:about,it, but it looks to me, from the looks of the neighborhood count, that 'there's just as manywho are in:favor as there are opposed. So, ,that's a°moot'point. Mrs. Gordon: But, Mrs. Gordon: The question is that -we have 2 of our departments, who we have asked to look into this matter. The Building'Department has said "upon inspection it is recommended that the"opening be permanently closed. See attached memo." And, the Planning Department's comments': are "concur with Building Department: recommendation". I wonder, you know, if one department might have erred how is: it that we think that both departments have erred. Mayor Ferre: It' Chairman. late in the evening, and call the question, Mr. Plummer: You're going to deny menthe right -to speak? Mayor Ferre: Mr. Plummer: If you do it quick. u're out of order. Mayor Ferre: No,I'm not. . I the question. Go ahead. 11 withdraw my motion to call...my call 7Mr. Plummer: I appreciate that. -.Mr. Mayor, I have for the 6 years this matterhas-;;beenbefore'us,bent over backwards to try to help these people. I° wouldcontinue`to do7""such. There is no question in my mind that the character of the back street has changed. Not by action, necessarily of this Commission,' but some by the Metro Transit Authority which have now made a bus line. Mr. Mayor, I was very clear at the meeting prior to this. And, my terminology was that we were going to place the monkey on the back of the owner of the shopping center to propose to this Commission a plan that would be workable. I have not seen that plan here this evening. The only alternative that I see that has been proposed to this Commission, leave it open permanently. I think other plans could have been devised. There were some other ideas. My voting against the motion, does not infer that I am necessarily opposed. I will be opposed to the motion simply because there was not a carry through in my request of the last meeting. Thank you, for allowing' me to speak. ist 1S9 Mayor Ferre:. Now, I call the question. Call the question. Mr. Plummer: Mrs. Gordon: I'll honor his request, now an I ask a question of the applicant. Mr. Plummer: No. You can't because.. Mrs. Gordon: Why not? Mr. Plummer: The Mayor has called the question. Mrs. Gordon: Just one short question. Mr. Plummer: Short question. Mrs. Gordon: The Building.. Department reports that neither of the devices were being used and, thatthey have notified you to replace them. Why didn't you, or have you. , Mr. VidalCommissioner Gordon, is no problem in that opening, at all. We have that, opening for 6 years andno problem at all have...no,accident nothing happen there. . Just three objectors, two objectors, that's all. The .sar:- objectors. . Commissioner Gordon: O.k. You answered the question. Mr. Plummer: Call the roll.` THEREUPON THE FOREGOING MOTION was introduced by Commissioner Lacasa and seconded by Mayor Ferre and defeated by the following vote: AYES: NOES: ABSENT: None Mayor Maurice A. Ferre Commissioner Armando. Lacasa Commissioner (Rev,); Theodore R. Gibson Commissioner' Rose Gordon vice -Mayor J. L. Plummer, Jr. COMMENTS' ON THE ABOVE: Mr.'Mayor, Father Gibson:' started to ask a Mayor Ferre: O.k.' Mr. Plummer: Ask a question, Father. question. Father Gibson: I don't,;I don't understand, if...if you were, supposed have a method of closing that opening (REST OF STATEMENT MADE OUT. OF PUBLIC RECORD) Mr. Plummer: Father, I "didn' t hear you. Why . aren't we ` using what? Mayor Ferret Mrs. Gordon: Father Gibson: Mayor Ferre: The method of He means the devices. The, devices. They break them. Why aren't we using their device? Mr. Plummer: Well, -I think you have heard the response...Mr. Williams, you want to reiteriate what you said before, I think might cover Father's question. The devices that we recommended, why aren't they being used. Is that you question Father? Or the metod or devices, or whatever, why aren't they being used. Father Gibson: ist 170 ..JU.'I. 2 31979 • Mr. Williams:` :The devices that prevent them from going out were sabotaged. And,''the height limitation to keep truck from coming in, were removed. . Plummer: Continue the roll call. Wait a minute.' Father Gibson: Is. it there desire to reduce the height of that opening. Mr. Vidal: Everything has been removed, Father. Father Gibson: What. Mr. Vidal: Allrestrictions has been removed already.. The only thing we have is a sign at top saying no large trucks complying with the ordinance of last year. That's all. And, the two bumpers...two bumpers speed...speed'bumper. It's late, Father Father Gibson: e you telling me that the people wouldn't obey the law? Mr. Vidal: What people? There's too many people around. The people - who vandalie, the people who wants the shopping center, the people who'. live in surrounders. Wecomply, that's all...we comply. 6'yeas complying, absolutely. Mrs. Kincaid: Sixyears of non-compliance Mr. Vidal: According to.. Mr.Plummer: I have the strange feeling. s the truth... Mrs. Kincaid: And`I would... Mr. Plummer: I have lost control of this meeting... Mrs. Kincaid: No, ;let me say something...everybody...' Mr. Plummer: We are during a roll call...now, we are either going t up and run this meeting right, or_I'm going to go to the bathroom. Mayor Ferre: Call' the question. back Mrs. Kincaid: Well, wait a second, before you run. I`just want to say there was never any question` of about the ... Mr. Plummer Mama. Mrs. Kincaid: Dangerof the thing. It was an opening from a commercia area intoa: residential, and it's the principle that I'm going for... Mr. Plummer: If you think that there is anybody up.. Mrs. Kincaiq And your letting it go. Mr. Plummer:' Here that doesn't understand that? Mrs. Kincaid: Well, it doesn't sound as though anybody does. }Ie keeps talking about it. Mr. Plummer: Everybody, will please remain silent for Father's meditation. Mayor Ferre: You're in the middle of a roll call, Plummer. Mr. Plummer: I understand that, andone of the members has not voted. Moseshas gone to the mountain. Now, I'm not going to rush the man.. Do you want to rush him. Go ahead and mess with Moses, Mayor. Father Gibson: Sir, let me ask you, you .were told, if you were told to put that height restriction up there, would you put it up there? Mr. Vidal: Father, I' don't know. We have the bar over there. We're not going to remove that bar. My request from the Commission, and that's. 171 JUL 2 3 1979 MM ist ist the motion, to'he granted without restriction. If we want"to modify: the 'motion, that's fine. I mean, I-no,rule�in that. The Commission...,` MayorFeria: He says he'll accept the modification• . er Mr, 'Vidal: I mean, I'm willing to take anything you vote. Yes, or n whatever. Father Gibson: I want you, I want you to, I would rather see you take care of that height. I would hate for you to deny, the people the opportunity of going in and corning out. Mayor Ferre: The maker of the tnotion.nodifies the motion, a understood, for a height' rvstriction. Mrs. Gordon: You're in the middle of a roll call, Maurice. Mr. Plummer: Mr. Ferre. Mrs. Gordon, you're out of order.... Mrs. Gordon: Yes, but you're in the middle of a roll call. Mr. Plummer: Father is questioning, for his vote. Father continue. Father her GibsonsI would vote for the modification. I"would hate to deny those people the right to go in. Mayor Ferre: We have a right to modify' the vote.. Mrs.' Gordon: You can vote on this and you can offer another motion afterwards. Mr,,Vidal: NO, had the actual situation of the opening, we can go in, and out with the speed bump and is -`assign," approximately.12 feet high saying no large trucks. Father Gibson: took, let meask, before I"vote.. Mr. VidalFather, if you don't want to do it, vote against. That' fine. That's. up to you, I mean... Father Gibson: I don't wantto deny those people the opportunity of going. . of coining iri through there. = Why should they have to go"all the way around if you could reduce theheight ,ofsthe thing."�:.... Mr. Plummer: Father Gibson: Father, I' have a request from the... Tell me how do we ''do it. Mr. Plummer: I have a request from the T.V.'station. Your screwing up the live eye. (Laughter). Father, I don't know how to tell you to do it. You have to... Mrs. Gordon: Can..Can I make, a clarification? It might help you, Father. O.K. The motion that's before us is to permit a permanent opening. That's it. If you vote against this, it fails, for instance. Then you can offer a modified version of whatever you wish it to be. O.k. Father Gibson: All right, I will vote against it and offer the modified version.<"I just can't see denying those people the opportunity of going through there. Rather than send those people all around... Continue the roll call. Based on my previous comments, I have to vote, no. 172 JUL 2 31979 Father Gibson: Let me offer a motion. Mayor Ferre: Father Gihson for the purposes of a motion, Father Gibson: I would like to offer a motion to give those peopl.e relief so they don't have to walk all around. And, I wotild like to see that height reduced. Mayo,: Ferre: Father Gi...Father Gibson MOVeS that the item be approved with a height restri.ction. Mr. Lacasa: Second. Mayor Ferre: There's a second to the motion. Further discussion? Call the roll. Mrs. Gordon: Wait a minute. Let's get this straight. What exactly... Father, are you offering these.. .restrictions that were originally part of the application? Father Gibson: Yes. Mr. Vidal: Let me clarify is a lot of confusion. May I Mr. Mayor? Mayor Ferre: All right, Father Gi...Father Gibson is moving that the restirctions that were the original porti.on...that were the original part of the temporary approval be the condition for the permit of ingress with no egress. Mr. Vidal.: Will you specify those restrictions, please. Mayor Ferre; Yes, they are, applicant placing a device to permit ingress and no egress and, two, a heavey bar placed at such a height above the opening to permit cars but not trucks. That is the motion. Is there a second? Mr. Lacasa: I second. Mayor Ferre: There's a second, further discussion. Call the roll. Mr. Vidal: (Inaudible Reinark) Mayor Ferre: Are you withdrawing, then? MVidal: I no withdrawing that, I mean there's a lot of confusion r.here. They don't know how Mayor Ferre: Vidal, you were defeated 3-2. Now, Father Gibson is ma king a motion and he's seconding it. Now, you want to let this thing go through for a vote or are you going to withdraw and close it. Father Gibson: Let it go. Mr. Vidal: Al]. the devices, we have to buy the devices, again. Going to be vandalized again. It's going to be another hearing over here.. Mayor Ferre: Make them heavier. Mr. Vidal: He is going back in 1972 again, or 1978. Mayor Ferre: We have to vote now because it's almost 11 o, clock... Mr. Vidal: 0.1c. I just want to know, I mean, is it going back to 1972. Mayor Ferre: You heard the raoti.on, you understand it... Mayor Ferre: No, I don't know. 173 9 JUL 2 3 197 1st Mayor Ferre: Yes, I will repeat it. Father Gibson moved and Lacasa seconded that the opening be made on a permanent basis, provided however, that there will be devices to permit 'ingress, and noegress, . And, that a heavy bar be placed at such a height above the opening to permit cars but not trucks. Now, that's the motion. Do you want to accept. it? Father Gibson: That gives the. access. Mayor Ferre: Ca11 the roll. The following motion was introduced who moved its adoption: MOTION NO. 79-554 by Commissioner Gibson, A MOTION TO APPROVE CONTINUED OPERATION OF VEHICLE ACCESS TO OFF-STREET PARKING FACILITIES, LOCATED AT 1570 N. W. 2`TH AVENUE CONDITIONED UPON THE HEIGHT RESTRICTIONS AS ORIGINALLY IMPOSED `TOPERMIT AUTO- MOBILES INGRESS ONLY BUT NOT EGRESSFROM THE OPENING, SUCH HEIGHT LIMITATION TO PROHIBIT. TRUCKS FROM USE OF THIS OPENING AND THAT BASED ON TUE AFORESAID CONDITIONS, THE OPENING IN THE WALL BE GRANTED AS A PERMANENT CONDITIONAL USE', Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson *Commissioner. Rose Gordon Commissioner Armando.Lacasa Mayor Maurice A. Fevre NOES: **Vice -Mayor J. L. Plummer,' Jr. ABSENT: None COMMENTS :ON`' THE ABOVE *Mrs: Gordon: Your motion was to reinstate the two restrictions as delineated in the history portion of the zoning fact sheet. Correct? I'll go along with that. **Mr. Plummer: The same reasons as.I stated before, I must vote, no. 47. APPROVE EXPANSION APPLICATION - RANSOM EVERGLADES SCHOOL Mayor Ferre: All right, thank you very much. We've got a Planning Department recommendation on item 15 on the Planning Advisory Board. Is there anybody opposed to 15. All right, who want to make the motion? Mr. Plummer: I'll move. Mrs LaCasa: Second Mayor Ferre: All right, Plummer troves. 174 1st �l�� 31979 The following resolution was introduced by Commissioner" Plummer, who tnoved its adoption: RESOLUTION NO. 79-555 A RESOLUTION APPROVING THE EXPANSION OF EXISTING. SCHOOL FACILITIES (RANSOM EVERGLADES SCHOOL) LOCATED ON LOTS 8 THRU 15, BLOCK A, BISCAYNE PARK TERRACE (2-36), BEING 2045 SOUTH BAYSHORE DRIVE, . PER ORDINANCE 6871, ARTICLE IV, SECTION 36 (3) (a), THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, AS PER PLANS ON FILE, ZONED R-1 (ONE FAMILY), AND SUBJECT TO THE CONDITIONS AS HEREINAFTER SET FORTH. (Here follows the body of resolution, omitted here and.: on file inthe Office of the City Clerk). Upon being seconded by Commissioner Lacasa,.the resolution :: was passed and adopted by the following vote: AYES: NOES: None Vice -Mayor J. L.Plummer, Jr. Commissioner Armando.Lacasa Commissioner (Rev.) Theodore R."Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre DISCUSSION OF CHARTER AMENDMENTS 48. PLANNING AID ZONING ITEM: LEASES AND WATERFRONT SETBACKS RESOLUTION CALLING SPECIAL ELECTION FOR SEPTEMBER 13TH Mayor Ferre: Now, we're on item number 8. All right, gentlemen. Mr. Plummer: Let's take a 10 minute break...I'm kidding. Mr. Plummer: Oh no. Come on J. L. Mrs. Gordon: Yes,, because you just handed us a whole packet and 1 want to read it... Mayor Ferre: All right, now... Mrs. Gordon: 6 pages of it,";8 pages. Mayor Ferre: All right, now, Mr. Dan Paul and the other attorneys. I see Mr. Rice is here, Mr. Fine, Mr. Chapman, Dave Blumberg, Bob. Ted, do you want to talk on this? Marshall Harris. All right, who are. the proponets for these 2 items? Mr. Dan Paul. Who are the opponents? Raise you hands if you.wish to be heard. How many people want to be heard as opponents. 1, 2, 3, 4,5, 6, 7, 8, 9. All right. We'll here from the proponent first. Mr. Plummer: Mr. Mayor, for a matter of the record, may I ask, this which has just been placed before us be...I think the lawyers say identified for exhibit what? Mayor Ferre: Well, we'll 1st. 175 JUL 2 31979' ist Mr. Plummer: .Is this.. Mayor Ferre: How many of these are there? MY. Plummer: Well, I don know. Are we all talking from the same' basis.... Mayor Ferre: All right... Mr. Plummer: There hasbeen: umpteen number of; copies of; this circulated drafted redrafted, ainended.... Mayor Ferre: All right... Mr."Plummer: I just hope that this has been circulatedto everyone, so we are 'all talking "from the saine basis. Mayor Ferre: All right, lady=and,, gentlemen. We've got things before us. One of them is called Charter. Amendment number 1 and it deals with leases. And, then we've got something called Charter Amendment number 2 which deals with private property, setbacks and see through.. And, then there is a resolution to call for a'special,..for a_municipal, election on the 18th day, of September regarding to both of these items. Now, shall we proceed because it's almost 11 o'clock. Mr. Reid, why don't you start it off, then Mr. Paul and then we'll hear the opponents. Mr. Reid. Mr. Jim Reid: Mr. Mayor, Jim Reid, Director of Planning for the City of Miami. I would like, to address myself, primarily, to the :Charter Amendments and draft Charter amendment and then take any questions' from. the board with respect to other recommendations that the Planning Advisory.Board-has made with respect to ordinancesInterms }of -my comments, I'd like to dot things. One, is to convey to .the City Commission, as directed, the conunents of other boards on the Charter amendments and the issue of a Charter. On July 11, the Planning Department met at the Waterfront Board. The Waterfront Board quote, and this is from their minutes, "is opposed to the concept of using the Charter amendment process to accomplish zoning requirements and regulations". On the 16th of July,we met with the Zoning Board, and they have a motion. Be it resolved that the `City of Miami Zoning Board voted unanimously against the proposed waterfront amendment as an amendment to the City of Miami Charter. Needs more study before it can present it to the voterson a ballot, and if it does have to go on a ballot without any more study, it should go as an ordinance rather than a Charter amendment. On:the ;17th,-ewe met with the Environmental Board. The Environmental Board did not have a quorum but they stated that these regulations...3 members,: these regulations should probably be located in the Zoning Ordinance` where the opportunity exists to be more flexible. And finally, on the 18th of July, we met with the Planning Board and they said, be it resolved that the Planning Advisory Board is opposed to the proposed waterfront amendments...Charter amendments. That they should be discussed as ordinance amendments. So, in summary, the 4 boards each oppose the Charter approach in terms of the waterfront regulations. As the City Commission has suggested, on Friday a Charter amendment was drafted. And, I believe that Charter amendment' is in front of you with respect to the waterfront amendment. And, I, would just .Like to go through a couple of provisions that may; require explanation and further thought in terms of why they are suggested or contained in_aresponse to the Commissions request for a draft Charter amendment. First, in terms of the provision applying tothe setback of 50 feet from the seawall or where the lot depth is less than 200 feet, setback shall be 25% of the lot depth. In terms of that provisionthere, is a question with respect to the use of the word seawall. We recommended seawall. The alternative is bulkhead line;Oich is not really entirely desireable because the land out to the bulkhead could be privately or publicly owned. And, also in many instances the bulkhead line,to fill out to it requires enviornmental approval. So, we felt that in the Charter amendment the use of the word seawall was preferable, with the further notation 176 JUL 4 3 1979 n the last paragraph on that page, that preserving natural features is a legitimate way in which consideration can be given to certain site irregularities. Second,the secondprovision is,that lots do not... which do not have average side yards equaling the aggregate to at least 25% of the waterfront of each lot, based on average lot. width. And, we use this term average lot width this term of art, from the zoning ordinance that is defined there to get away from the problem if..of how you determine what the waterfrontage is on irregular lots arid lots that are bounded on 2 side by water. So, that once we establish the front street and from the...and then determine': the side and rear yard, then we can determine the average lot width in terms of the percentage that is applied to thenecessary setback. Further, with respect to the provisions for modification of these requrements, we feel that after design and site,plan and if it' is determined then that review, public::hearings, beneffts such as direct public access, public walkways, plaza dedications, public parking up to the flood plane level,which is 11 feet under the South Florida Building Code, or. comparable benefits which promote a better urban enviornment`and .public advantages, or which preserve natural features. Andagain, and particularly in some of our areas,preserving of...the planting of mangroves, preserving of sea grass, is an important element to be considered. Going on in terms of other provisions of the ordinance, we built in, the setback andsite plan review requirements of the existing ordinance when they, are greater than those suggested in the Charter amendment. We exempted, as you suggested, docks, single family residences, waterfront industriai along the Miami River and the Port of. Miami And, further have exempted the James L. Knight International Center, projects approved by development` order, plans...: approved area developments and other projects which have received site and development plan approval. So, basically I have reported, with respect to the views of the various boards on the Charter question, and on the language that is proposed before you with respect to a possible Charter amendment: Mayor Ferre: Thank you, very much. All right, Mr. Paul. I'll tell you, could be restrict all the speakers, to 5`minutes? anybody need tnor than 5 minutes? Mr. Dan Paul: Mr.<Mayor',. I have no probletn at all with proposed Charter amendment: number 1. I. have no problem with proposed Charter amendment number 2 until we cotne to the last 2 paragraphs. - I think that it's been the sense in view of the fact that it is already under construction to exempt the Knight Center along the river. And'I think that the words need, to be inserted after waterfront industrial uses, you need to insert, public and private facilities on City owned property along the Miami River. Mr., Paul: I'm on page..;.well, it's page •3 of amendment number Mayor Ferre: All right, if you will look at the second page it says which one. is Charter amendment Land which is. Charter amendment 2. In Charter amendment 2 it's the 3rd page and after the word what? Industrial? Industrial uses. Mr. Paul: Mayor Ferre: ".Where, where is that? Mr. Paul: That's, 1, 2, 3, 4, 5,6 lines from the top of page Where it says...the line begins in waterfront industrial uses. Mayor Ferre: Oh yes. Along the Miami River, at the... is!. 1`77 JUL 2 31979 Mr. Paul: Right. But before the word...after the word uses, and public :,and private ,facilities...., MayorFerre: And? Mr. Paul: And, a n d. Mayor Ferre: Yes. Mr. Paul: Public and private facilities... Mayor Ferre: Yes. nsert Mr. Paul: On City, owned property. Mayor Ferre: Yes. Mr. Paul: And the it will continue to read along the Miami River.` Mayor Ferre: 0n City owned property. Mr. Paul: `Right. That would permit to', -strike` tostrike; the.next'paragraph in 4.ts entirety from the ordinance. I don't really see that there's yp mpoint. of ;'view- of. an roble from p . projects which are not under construction or do not have'buildirig permits. If they get,"building permitsnow and - the time this amendment became : effective then, > they have 'no problem. And obviously, if they. are not that.'..not;`that far along that they are able to get a building permit by that time. Then,,I see,no reason,why any special exception should be put in this amendment for them They -- ought to comply like everybody else,, Mayor Ferre: If it passes, what's the law? Mr. Knox is after it passes like an ordinance? Mr. Knox: > No, sir. We're talking about the resolution now. Mayor Ferre: No, no. I'in talking about the September 18th.date. Mr. Knox: No, it becotnes effective immediately upon the certification of the results of the election. Mayor Ferre: I see. 0.k So it would be the 19th-or something like that. Mi. Knox: Yes, sir. 0 days Mr. Paul: .So,'that's in effect 60 days from now. And, if anybody has a project for which they don't have the building permit within that 60day periodI would see no reason for giving them any special exception or any specie]. exemption.;. The Knight Center is I think is something different because of the fact• that it is already under construction. Mayor Ferre: Well, now Mr. Paul, I want to make sure that the record reflects, there is a way that the City...a city...that this City Commission or a future City Commission can waive those requirements. Because I know that a lotof people are worriedabout that. And, I want. to make sure that it's understood that it says the above setback and side yard requirements may be modified by the City Commission, after design and site plan review, and public hearing, only if it is determined that the modification request provide public benefit such as, direct public access, public walkways, plaza dedication, covered parking up to the flood plane lever, orcomparable benefits which promote a better., urban enviornment and public advantages or which preserve natural features. So, these are the way that this Commission or a future Commission can decide after a public hearing that those requirements can or should... ormay be waived.' Mr. Paul: I think that flexibility is absolutely necessary in the amendment if we are to accomplish the objective we want to accomplish,' 178 1st 31979 1 which is to provide direct public access and public dedication. You: can't mandate those, all you can do is offer an'incentive�to.get them:. And, I think that...that flexibility' that's the' reason that it's'in there arid I think that it's properly; protected and coached...phrased , And, I think that it offers adequate safeguards to everybody.'_ So, even. if you don't get your building permit between now and September the 18th, the date of the election, then you can come in with your 'comparable public benefits and still get the City'Commisssion to`exempt your project, if • you want too. " • Mayor Ferre: All right, lets hear from the opponents now. Mrs. Gordon: I have a question to ask Mr. Paul. All Mayor Ferre: right. Mrs. Gordon: The only thing I'd like to ask you, Mr. Paul, is, whether the wordfree should be inserted between direct public access. Direct, free public access. Mr. Paul: Well, I think that it...I have no objection to it but I think. that direct public access. . .if it's public access it means that it's free public access... Mrs. Gordon: Mr. Paul: Yes, I don't think... Mrs. Gordon: Admission fees. Mr. Paul: Pardon. Mrs. Gordon: Without any Mr, Paul: Right, it belongs to the public, there can't be an admissionfees unless the Commission itself imposes them, as you might for public parks or something. But otherwise, it's directpublic access is clearly free publicaccess unless the Commission adopts aresolution to the contrary. The landowner...it would have dedicated to the public andhe would have no control over it at that point. Mayor Ferre: All right, lets hear who'se first? Mr. Chapman. from the opponents to this. All right, Mr. Alvah Chapman: Mr. Mayor, members of the Commission. My name is Alvah Chapman. I am the Chairman of the New World Center Action Committee and I speak in their behalf. I do not necessarily choose to be categorized as an objector or an opponent. I oppose the suggestion by Mr. Dan Paul that we exclude the paragraph that begins nothing herein contained and soforth, pertaining to amendment number 2. We spent as members of this Commission well knows, some 3 hours on Friday afternoon discussing the importance of protecting the on -going projects in this community. And, speaking for this committee, and speaking for myself and Mr. Dave Blomberg, our Vice Chairman is here, Mr. Marty Fine is here, Mr. Bob Traurig,' a member of our committee is here, Mr. Ken Clifford is here and other members are here. We spent a lot of time on this project...on this concern and our. number 1 concern on this referendum is that we protect the ongoingprojects. These people have dealt with us in good faith. They have gone through all the zoning and all the permits. They are in the process of getting permitting. And, whereas Mr. Paul says that they can come back and the City may grant, by the same token they can come back, and the City niay not grant. And, these people have done everything we've asked them to do. They are prepared to build and make our city better in a way that we have established rules and regulations and zoning conditions at this point. Adn, we think that the reputation of this 1'79 1 ist JUL 2 On n City, and a sense of fair play and an orderly procedure in this whole thing, indicates that this paragraph remain in and I urge youto give that your fullest consideration. Thank you. Mayor Ferre: All right, next speaker. Marshall. All right, everbody. seems to want to go last. Bob, do you want to go? He wants to be last too. Anybody else? Marty, Dave? Mr. Robert Traurig: I don't want to stand on ceremony, Mr. Mayor. I think we are reallytalking about, primarily, 2 paragraphs. And, I would call your attention to the special circumstances, which in my opinion, ought to apply to these special projects that Mr. Chapman referred to. If you recall, you passed an ordinance called SB...SPD1,which `was intended to apply strictly to Claughton Island. That's the special: island district. There is only one parcel of property within the City of Miami that has that classification. And, you did it at the time that the Claughton Island DRI was before this City Commission for development order and you did it after a great deal of deliberation at. your Planning Department,at your Planning Advisory Board and your Commission table because it was absolutely imperative that you fashion an ordinance that would be specifically designed for that unique parcel of property. And when you did it, you provided in the preamble to the ordinance the word "terefore through the use of special plan development regulation"., it's intended to permit greater flexibility in the siting of buildings. Mixtures of land uses, useable open space, and consequently, more creative and imaginative design for the development of island areas than would be generally possible under conventional lot by lot zoning regulation. Now, you are asked to consider a zoning ordinance the effect of which would be to go back to the condition prior to SPD1 and deal with it as a...on a lot by lot basis where you would have the conventional setbacks of 50 feet rather than the kind of design criteria that were built into;. this ordinance where you would have recommendations from a number of your City boards to this Commission with regard to the enviornment`and whether or not that would be consistent with the good creative planning for the City of Miami. And, we suggest to you that because that is a unique area, that that ordinance was fashioned to protect, that that parcel of property ought to be considered by you as a special parcel of property. You adopted those special development controls in 1975, as I said. Because you were then considering the development order involving Claughton'Island. And, you got that...Claughton Island zoning application before you and approved it so that area ,could ;be"developed into the kind of a residential community and an office community that.`...which would be complimentary to the downtown business district. The central business district. And since that time, as a result of very assiduous work by the developer, they have installed a number of improvements on that island. Water lines and sewer linesand a bridge, which incidentlly they dedicated to this Commission, this City of Miami, within the past several months, which you accepted. Andwe say to you that having done that, you have...they have acted in reliance upon the good faith of this City to continue to give them;. permits to develop the isiand as contemplated when you zoned the island initially." And now you are saying to them that they have to change their development plan by taking the buildings which were carefully designed, so that they would be staggered and they would create an ambience, and which has been submitted to -you through a nurnber of different proceedings. A plan which reflects a waterfront walkway, partly public easement, partly private easement. A plan which, I think, will do great justice to this City and the downtown business district and this SPD1 concept and; you're asking that that plan be thrown out and that they go back to the drawing board. Now, we submitted to your City Attorney a memorandum which wethink establishes what we call equitable estoppel.. Re"don't-want a.'lawsuit to be filed to determine whether.or not equitable"estoppel'with regards to this parcel of property. But, we sited in that opinion all of the facts which we think justify a conclusion that there is equitable'` estoppel and that we ought to. be granted a grandfather provision. Not only because this `was :a. special island district but because you did approve a development order pursuant to a DRI and because we have done all of these things in reliance lst 180 JUL 231979 upon the good faith of the City. Including that dedication, including sizing the lines for water and sewer to accomodate a,certain number of units in anticipation that you would permit us to do that. 'If you force us to move back:from the 4 perimeters of_ our property...we have an island, we: are surrounded by water, we have to move back, from -every direction -from>the water, you wili. force a development which concentrates within the center of the island. It focuses completely within' the center of theisland and it' will not create the same kind of island ambience that was anticipated by the land planners, who -`are nationally renowned land planners -from Baltimore. In addition, when Mr. Cheezam and his associate bought this island just a few months; ago,;_ at the announcement.: of which this Commission very proudly commended him for his foresight and for his contribution to the City, he spent 17 million dollars in reliance upon an opinion from this City which said that you are in compliance with all of, the City regulations. You can anticipate developing in accordance with regulations in existence., Now, that's a very general paraphrase but: that's what it meant .: And he relied upon that .;and _he spent 17'million .dollars "to accomplishit. ,,If you permitted him;to build the first building, because now he can:: draw :a permit between now and September.17th, and this is;amulti-phase project. What about. his -second building and subsequent buildings. Are you going to 'say that we '11 letyou build one building andnow...then you have to come back and'. redesign,_or resubmit to the City through its boards:` and,through, this Commissin a new development concept plan;so that it can be further. reviewed by. the City. Would that be in the best. interest of the downtown community or the general`welfare of the City of Miami? Was it within the contemplationof this Commission when you approved SPD1 and when, you approved the development order? And when you took from him the deed to the bridge? I submit to you that this is a, special circumstance that deserves your specialattention and must:be grandfathered in. I would like to speak to Youalsoabout the R-5A district and ,.the PAD's which have been granted in that district. You know that you have a -very special provision for review of PAD's. ;It goes to, the Urban, Development Review Board, it goes to your Planning Advisory,it goes: to your Zoning Board and it goes to this Commission. And in the preamble to, that ordinance, you provide that the intention is to provide economic use, of. the -land, special design characteristics, amenity packages. You encourage additional landscaping, you do a lot...you require a lot; of.things '.which will make that a better project. There is, a project, the ground for which will be broken Wednesday of this week, which...which.has 330 feet of landscaped buffer between Brickell Avenue and its first building. You passed the approval of that plan as a PAD within the past month. Is it reasonable to assume that having reviewed that at this Commission table within the past month, having received recommendation for approval from the Planning Department, the Urban Developnient Review Board and the Zoning Board, asa predicate foryour granting that approval that you would now say that the approval ought to be withdrawn? Because it ought not be grandfathered in? We think that you must give consideration to the special equity that property owners have achieved when they are ready to move forward with the creation of the better community that they envision:and.;;you envision. To say that they have to setback 50 feet or have to: do other,, things., at the present time after having approved their, plans would be violative of your obligation to them because they have: relied upon the, people at this table to approve the on -going work which has resulted in additional„hundreds of thousands of dollars. of expenditure from the time you granted the approval until today. We urge that you approve al of;the DRI's that this Commission has previously approved. All of the PAD's that this Commission has approved and all, of -the other plans for which site plan approval or other development plan or development concept,. plan approval has been approved because it will' lead to a better Miami..'. Thank you. Mayor Ferrer All right, Marshall. Mr. Marshall Harris: For the record, I'm Marshall Harris of the,:.. Law firm of Harris and Surkin. I'd like to just begin my comments 1 • mm 1st JUL 231979 by pointing out, what I assume, is a small technical flaw on page 2 of the second ordinance where you have a beginning bracket in paragraph sub-b... Mayor Ferre: Yes,•1 noticed that. Mr. Harris: line 9 and no. end. . I don't -know where the bracketed: words are supposed to end since there is no closed bracket. Mayor Ferre: Jim, Reid, are )ou here? Good Mr. Harris: ..I just pointed out. It's a small technical problem. I't sure it can be located. L just thought. I'd mention it as long as I happened to see it. 'Mrs. Gordon:, Would you be more specific, please, Marshall as I have. Mr. Harris: Yes, line 9 in'front .of the word wherethereis a parent;` There"is no closed peren. ,Mayor Ferre: ,There" .the ,depth. of .the lot is =less' than 200 feet, then that's where the parenthesis ends.'. After 200'feet. Mr. Harris: Is -that correct? Fine. That was my; assumption. :,adies and gentl... (INAUDIBLE RESPONSE FROM THE AUDIENCE), Mayor Ferre:: Oh, at the end of the word depth. Stand corrected.. Mr. Harris: Whichever it is. .. Ladies _and gentlemen,`if,I might.'. I, am here today in somewhat baffled amusement. I'm baffled because I've served, and I guess I'm the only persori speaking here today,, who has.` served in elective office much like .your own. A legislative office.,' And I would never have thought .it necessary for me to.pass a law.;to inhibit what I might do... That just doesn't make any sense -to me.;, -"Why., if I didn't want to do it, w�uldn't I:have enough good -:sense to realize if I:didn't want to doit and"could.pass:it,'thenbasically," I could always restrain'from doing it. I don't think....` • Mayor Ferre: That's fine Marshall, except that you are not in the legislature now and there a lot of things going on that you may not be approving of. Mr. Harris: But have enough courage to believe that a legislative body should neverseek;: to restrict itself. If the people don't trust you and want to go out on a petition and inhibit your power, that's one thing. But for you to inhibit your own power, is number 1 somewhat insulting to you. Certainly insulting to your successors because the only argument you could use is I.. don't mind trusting myself, but I hate to think what would follow me. And I think both lines are sort of self defeating of the democratic principle. Basically, people elect you to exercise your judgment." Let me show you what I mean in this language. Because Mr. Paul said that if you qualify with the trade-off, you're exempt. Not so. If you qualify with the trade-offin the language, the second paragraph of sub-b, then you have to meet, a) all be it, firm standard. Nonetheless artifical. You have to prove that there is...that you are doing someting which would promote a better urban enviornment and a public advantage, or which would preserve natural features. And I could just see this City Commission if this ever gets on a ballot and ever gets approved. You'll have 9 courthouse lawyers out here and 5 up there all arguing whether this artifical standard is being met. We've got this right now because this is very close to what the inhibition in the Florida Constitution is. On the question of sovereignty land the burden is on the applicant who wishes the sovereignty land to prove it's in the advantage of the state to sell the sovereignty land in question. That's a very tough burden. Andwhat it really amounts to most of the time, is finding another piece`, of sovereignty land which you can substitute for this one. That, is what you are going to be faced with here. You are going to be constantly looking for additional trade-offs. Ladies and gentlemen, ist 182 JUL 2 3 1979 • --" , • - . „ „.„ . , the power „in •-the--,-Wortd..to get all the trade-offs.„,. • the zoning .change Why in ';',the-.'-WOrld„:,WOti10• y�u, ever want to cenient itt language what you • might, at a future date • . . • ,_:-.not be able to meet. Supposing you wattted, for reasons of aesthetics, which are not natural features, supposing you wished in those cases to decide that aesthetictallyyou didn'twant.the front yard, the sideyard, the public access to and from, or the walkway? No way. Y�u're bound. that you don't chisel things in stone just because you may not be here. - • 1 happen to thin that the next generation may be just alittle wiser than try to tell thetn that we don't think soand that, therefore, though we are all right and we can handle ourselves, we are going to tnakecertain none.of the rest of you make any silly.I think that it!s something that youcan d� in.yourown good judgment right now. And, for you to do this would be to do as you did years ago,and say thereare no trade-offs. 10 years ago 1 appeared beforethis Commission and got youto agree to a zero setback in a residential area, which you had never agreed to before, to preserve 2 • gorgeous trees. ill sitting there on Royal Palin. It was a great tnove by you. But, if your zoning„,--cOde:'-: had theno -..way,. one.. „,• ......... .„ . ......... _ Mayor Ferre: All right, next speaker. Mr. Tibor Hollo: I'm Tibor Hollo, 444 13rickell. Mr. Mayor, •honorable, Commissioners I heard the eloquence of Danny Paul, Mr. Chapman, Mr. Traurig, Mr. Harris. I would have spoken first. But at least I know what ails me; And I havebeen in front of you for the last 11 years. I have precipitated, thank heavens, the development of the north end of downtown. I am in the orderly conclusion of the first phase of Plaza Venetia and I'm happy to tell you that it would be the first time in the last 30 years, I was able to attract Miami residents back into our downtown. Which is not a small feat in itself. After about 41/2, 5 years, in 1972, the Commission has seen fit to grant me an approval on a plan that we had and which we are executing now. I have full copies of the 8 pages, in technicolor, that I have brought to you, that I have submitted at that time. And, by ordinance was approved by your Commissi,on. I have labored tediously and laboriously to achieve what has transpired in our City in the northern edge of our downtown. I am looking to continue this. I feel, however, that the impending request are quite detrimental to us from the standpoint that after 41/2 years of getting approvals, for what is the greatest thing of our City, • then working at it for the ensuing 51/2 years, I maybe standing in front of you, once again, a half year from now asking for variances. I • feel that is quite denegrating. I think that is kid stuff. You have before approved my plans, once. It took you 41/2 years to do so. Took me several billions worth of dollars to excute the plans. To enable me • to proceed. I have a great vested interest in my project. I feel that is being taken from me. I am respectfully asking this Commission to • reaffi.rm the approvals granted to me and the plans which are here, • submitted to you, a decade ago. Thank you. Should I submit it and • give in to somebody again? •Mayor Ferre: Why don't you give them to the Assistant City Manager. thought that was a tna.chine gun in there. Mr. Hollo: Not yet. (LAUGHTER) a . . „... Mayor Ferre: -.Mr. Mr. Mrty Fine: :-Mr. Mayor, members of the Commission; I'll be very brief and simply _saythat we believe, 1 believe that the proposal as drawn AS completely . appropriate, if. 'in fact, you are going to put it on ialso believe it is not a function of the Charter, to lock intp-,concrete.matters-of this nature. Butif you are going to do it, I think;':the lastlanguage. .the last paragraph is the appropriate language to ..CoVer.. the:convention,. Center. and •-hotel facility. But more importantly, 1 think it expresses the integrity' of :this ; COMMission , in saying the • • • ist 183 JUL 2 3 1979 developers of Bali Point and Claughton Island,.' and others that meet these criteria, we told you you could go ahead. You continue your work and we will enforce this provision for projects that have not gotten tothat stage. I. believe anything short of that is backing out of a commitment that this City made whenit went to seek developers to come here. And one of the things that I think Mr. Paul is losing site of,;; and is expressing his concern to you, is that in my opinion, it is impossible for projects in a downtown area because of their size, scope, and complexity, to be drawn as quickly as a 100 unit apartment building, for example, where you can just, come in and,; whip up a set of plans and get a building permit.. And this business about saying".;' anyone who wants to can come in and get a building permit on or before September l8th is just pure,sheer,utter'nonsense. If; you are going, to; put it on a ballot, I would respectfully request that you put it'on" in the present language. Mayor..Ferre: All right. Further speakers? Anybody else who wantsto address the Commission. Mr. Traurig: I would like for you to consider a language change in.`, subparagraph b, 5...6 lines from the bottom after the word back,"it would read which are not setback an average of at least "50.;feet from the seawall because some projects are not built parallel: to the seawall. They may be on a slant and it may be that on one place the depth is, 20 feet and another place 80 or 100 feet. 1 would like you to consider that. And, if you would..". Mayor Ferre: This is the 6th line. This is page'2 the 6th line in paragraph b, from the bottom the 6th line up after the first word back. Add an average. Back an average of.. Mr. Traurig: And I would merely.ask'that:�.you again reconsider';adding. after the'word-seawall the words or upland ,owners waterfront property line.` 1"don't know whetheror notyou"hadconsidered that Friday That's'the;equivalent,in most cases of the bulkhead line. If'you,,�` had'. considered,it, then.I'appologize." But if you haven't considered it ',II'd-like you to consider it. Mrs Gordon: ''Repeat that. Seawall.. Mr.;Traurig: The words or upland owners waterfront property line. And the intention, MRS. Gordon,' would be that if a property owner owned the bay bottom eastward -of' his seawall then that should be considered. And at one point in time, the initial consideration by this Commission was of the word bulkhead line. That was subsequently deleted because all property owners don 't';own .to the bulkhead line. And we are asking that you consider that if a property owner does own the bay bottom and chooses not to get a fill, and dredge permit and fill it in, but neverthe- less, retain the, ownership of it, he shouldn't be penalized by having to Setback from the seawall. He should...his..his waterfront property line should be. considered. By definition that area between the bulkhead...between the seawall and the bulkhead line is zoned and the that the land that is landward of the seawall. Mayor Ferre: All right, are -there ;further .. .Mr . Rice. Mr. John Rice: I'm John Rice, 1865 Brickell Avenue. Mr. Mayor, Commissioners. 'speak as both a resident of Brickell Avenue and as an officer of a company with substantial property holdings on Brickell Avenue. And particularly in, an area which will be affected by this Charter amendment if it is approved. We have a vested interest in what happens here. :But 1 think I would first like to call your attention to the vested interest of the public. This Charter amendment is designed with the vested interest of the public. This Charter amendment is designed to benefit the. public. And I submit, asit would apply to the area between l5th Road and 25th Road, it would operate to the deteriment of the public. The reason is that there is no means by which the public . 184 ist JUL 2 3 1979 can access the area that would be setback from the seawall line. All the land between 15th Road and 25th Road is in private hands. Viscaya North, Mr. Ho11o's developmentat 15th Road, goes right to the bulkhead line." And a trespasser would be the only one who can access any right. of way which would be created south of his property. Similarly, north of 25th Road, " the properties are all in private hands. = And again, the setback would be inaccessable to any person, other than people living within that area. The other problem is that when you move a building 50 feet away from the water, naturally, it's going to move 50 feet in another direction. 0n Brickell Avenue that means that those buildings are going to be com ing closer to the boulevard. To the street that I " ` `: think all of us would like to see preserved in its present state. At least where the landscape hasn't been removed to accomodate parking lots and buildings. Those photographs that I passed for your viewing show the area to which "I am addressing myself. You will see that there is a.good bit of this land which is still in beautiful landscaping. And, if you cause a building to be removed 50 feet further away from the easterly shore, it.means that it is going to encrouch in that landscaped?.area."'"And as a consequence,the people are going to be disadvantaged. And not to the advantage of the public. For, no one can see any of the waterfront property south of 15th Road or north of 25th Road unless they are in a boat. And, if they are in boat, they'd better be careful, because that's very, low water and they'll probably go aground. It's not even in the area of the intercoastal waterway or normal navigable areas of the bay. So I submit, here's an instance where the application of this Charter amendment would not be to the public benefit and it certainly wouldn't be to ours. Now, we would be specificallydisadvantaged because in the past, this government,` approved the filling in of bay bottom immediately'to the north of us that allowed, them to build out to the bulkhead` line. We own some 200 feet of width that goes to that bulkhead line. And, we are alread '. compelled to sit back from that line from 175 feet to 200 feet by virtue of the fact that that's ho far retnoved our present shore line is from the bulkhead line, to which we hold title. To the south of us,the United Teachers af Dade, again, got permission to fill in their property and they go right to the bulkhead line. So, we have 2 blinders between the property at 15th Road at Viscaya North Apartments and on the south at the UTD"apartment building. And if we are caused to' remove'' ourselves a further 50 feet, we'll now be probably something in the neighborhood of 225'.to250 feet back from a line that would parallelthe 2 buildings tha't are now out at the shore line. To sum up, I„ merely suggest that the R-5A district which is existing between 15th Road and 25th Road be removedfrom this ordinance, if you deem it otherwise in the public interest. I fear, however, you're going to find that if you listen to all us you are going to end up with no ordinance at all. And, perhaps that's really where you should be. Because these decisions that are trying "to be made in a public forum over an ordinance ought to be made by people who are skilled in the knowledge of all the things that are coming into play in this matter, and should be heavily weighted. And, I: submit, not a subject of ordinance. Thank you. are there other speakers? Selma? Mrs. Selma Alexander: Thank you, Mr. Mayor and members of the Commission. 1 know it's late. I'm Selma Alexander, 2323 South" Miami Avenue. :;And "I"have no vested interest in any piece of property that's been",mentioned. Again, I'm speaking propono publico. My concern here is."..and:I would defer to Mr. Marshall Harris' comments. Is that we get into a Charter amendment. And this Charter amendment has not... .hisgot sent tous at the Planning Advisory Board level, thought I'm'notspeaking on that level. We got Charter amendments, ordinances, thick and fast. You must have had 80 different pieces of paper for us to, make some comment about. The comment we did make was that we didn't think it should be a Charter Amendment and we felt that any ordinance should, absolutely be deferred at this time and brought back, to the Planning Board after, 1; a workshop session testimony from all side then public hearing. As is usual with any zoning ordinance; 185 iSI. Pt 1'0'Y Mrs. Alexander (Can't) andwith full reference to the Comprehensive Plan. As to whether it's in conformity with it,'I notice that we have lots of things .today that. were supposedly in conformity with the Comprehensive Plan, which has yet to be implemented except in part by any zoning ordinance, that you - have adopted at this level. This Comprehensive Plan was adopted in .. principle. There are sections of it that have been implemented ,but .we, .:. are still working on a zoning ordinance that has not been implemented. And I think this should go the route of any other ordinance of.that'sort. And with this, I thank you for your attention. Mayor Ferre: Selma,'' do you feel the same way about the lease changes in the Charter? Mrs. Alexander: I feel...I really feel the way Mr. Harris feels. I don't think these things should come...I think if anything comes from the public, that O.K. But I don't think that anything like that should be put on the ballot directed by this Commission. Thank you. That's just my opinion, I'm nota lawyer. Mayor Ferre: All right, next speaker. Mrs. Grage Rockafellar: Mr. Mayor, members of the Commission.'.. I'm Grace Rockefeller. I live at 814 N.E. 71st:Street, Miami, Florida., I...'this is one time Selma andI are in agreement...we ;are in agreement quite often, Selma. But I too feel, and with all the boards, ;as.Mr.. Reid pointed out, that this has gonebefore, everyone of them has recommended this go the ordinance route. Not an amendment route to the Charter. And when you consider that 36% of the waterfront is an R-1 and R-2 and it's almost' all developed, 20% are in Parks and Recreation which is owned by the City. 5% is in right of ways. There is less then 1% of the waterfront property that is now undeveloped. And I think. what Mr. Dan Paul is going to have us doing is passing...getting: into the same bracket that the County Commission is, where we are going, to be having a special election everymonth or 2 at a tremendous cost to the tax payers of the City Commission. Now, if this is going to be an. amendment then every zoning ordinance that we have on the books should be an amendment to the Charter and. the Zoning Board done, away: with. This is no different than any other one. And I thought you just might be interested here in one little thing. I don't want to taketoo much. time I know it's late. But a very respected newscaster,' Ralph Renick of Channel 4, he calls it, "it's another :-classic case of the Miami.r: Monkey Wrench Syndrome. Just when someprogress is under way, somone always comes along and, tries to foul things up. In this instance, a pretty sizeable chunk of progressis in jeopardy. The story goes like this. This Friday, ground will be broken .for a $116,000,000 project at Ball Point -at themouth of the Little River...at'the mouth of the Miami River. It is called the most ambitious project in Miami's downtown history with a hotel, condominium, and office complex going up on 81:acre site. Over 1,000 construction workers will be needed to build the development. On nearby Claughton .Island another major project will soon be under way. =Ground .breaking ;"is. scheduled for later this month. Over....for a 2,000 unit condominium complex,along with the hotel, commercialrental, space, $30,000,000 will be spent on the first phase of it. It will, offer jobs for 600 construction workers. At this point in the story Miami attorney Dan Paulcomes on the stage. He wants the City Commission to place on the ballot a proposed zoning amendment requiring that all buildings to be 50 feet or more from the waterfront and the buildings to. use less; than 75% of the front footage. And, Mr. Paul wants ithese .changes to be .retroactive back to June the 25th of this year. Absolutely, continuing the City Commission in a decaying, deteriorating, posture. That wouldendanger the Ball Point, Claughton Island project., Even though they have passed every existing zoning and building code, rules and regulations Dan Paul wants to change the rules while the ganie is in play. The City Commission on Monday, can put this whole idea to rest when it meets. We don't need Mr. Paul's setback and we don't need Mr. Paul's atnendment". And, I think that that was very, very well put. Now I've talked to many business people in the 1st. 186 J U L 2 3 1919 our area and other areas, .and many- citizens. And, is just going theroute of the...of .the 'County '.CoriniiSSiOn where you " • dr golngto haVe--- referenduM after referenduin-'.at•'.Ei..tretnendotis cost. 1 stillfeel that this -shOultibe. a -.zoning.; amendment and not an amendment- to •••'-'-'• • n:' • - the' Ordinance. Thankyou.•,", • • : --". • - , Mayor Ferre: All right.Are there any other speakers? Roy. Mr. Roy Kenzie: Mr. Mayor, ntembers of the City Commission, my name is Roy Kenzie, Executive Director of the Downtown Development Authority. I've come before the Commission on 2 separate occassions before and I'll be very brief. One is that the Downtown Development Authority Board is opposed to any proposal which would in fact, place a moratorium on projects which are under way and have received development orders. And, which are exempted under the paragraph to the existing Charter proposal. Secondly, the Board is opposed to the Charter amendment process to gain the waterfront setback and sideyards and would feel that the proposal through a development of a zoning ordi.nace after public hearing, and due process is a better route to go. Thank you. Mayor Ferre: All right. Any further speakers. Mr. Joel Jaffer: My name is Joel Jaffer. I live at 3268 Mary Street. I'd like to express at this time some concern, although I don't know to whom, about the continual watering down of a statement made by this Commission on June the 26th. And, that was even if all these fanciful projects were to be conceived, then' you might...even after all those were built, you might concede that maybe Miami would go too far unless it was done in the proper way. And, the thing you have before you now is watered down to the effect that the Ci.ty Commission can go ahead and approve anything anyway. In terms of building estoppel I'm... you know evertine I sit here and one of these things inches further along, Mr... either Mr. Plummer or Mr. Ferre never fail to say, well as long as it comes back to final approval before me, I'll vote for it. And e... you know, you can stop the whole thing simply by refusing the $200,000 grant for Watson Island, or by refusingthe contracts with Ferendino, Spillis, Candela, and saying well, I don't think we, the City should go ahead with it until it complies with some waterfront enactments that I think we'll enact. You know, the Commission can stop these projects at any time beca4se there are...they are inches along in a mile long travel. And the ideas of developers, you know, they...Mr. Gibson made a statement last time that the plans...the City had a commitment to the plans of developers. Well you know, people who live in the City have plans too. And they have plans to live here without being walled in by concrete, and on and on. I'd like to say in terms of Mrs. Rockafellar's statement about the County amendments, that it's only the amendments which people initiate that cause a lot of trouble in the County. The County passed about 20 amendments to the Home Rule Charter, by itself, irt 2 years with many of the public not even noticing. In terms of the exemption, I would just like to go on the record to say that this is the kind of action by the City and by developers that makes the people of Coconut Grove want to exempt themselves from the City of Miami all together. Thank you very much. Mayor Ferre: All right. Further speakers? Mr. Knox: Mr. Mayor, Mr. Mayor. At the appropriate time, I would like to call the City Commission's attention to what appears to be a very important ambiguity which appears in the proposed amendment number 1. Mayor Ferre: All ight, well we'll get ....we are now.. . everybody seems to be talking about amendment number 2. So we'll get to amendment number 1 in a little while. Yes, sir. Mr. Thomas Bryant: My name is Thontas Bryant, 3230 N.W. 13th Avenue, Miami, Florida. And I represent organized labor. We would like to see these projects go off. There is approximately 6,000 men who would go to work. That would take a lot of burden off the State of Florida Welfare. 187 1st, AA. 2 3!9:74 1st The kids ;are thinking of running the strees", we'd like to 'get, theta off of there. I hire ,approximately600to ' 700 .men_ and I go in where to - find them and: put them to work. And would like to see these projects go on. Thank you. „.... Mayor Ferre: . Rollo. Mr. Rollo: Mr. Mayor, if I. may. Tommy; Bryant is one of my, greatest`. foreman. He was here on his own. He was not putup to the...I°just want you to know that on record. But, I would like to rebuttal the gentlemen. I takea great objection to the statement to fanciful developments and developers. Inthe history of mankind, great cities were done and made' by great developers. Their names are inscribed, chiseled into stone. Little cities with little people and_little developers perish. But the names of Phoebe and Nineveh stands on its own even in the old days of more a thousand years before Christ; those cities lived. In our country today,'. great developers made great cities. Atlanta, San Francisco,New Orleans. You are fighing death. That syndrome to make Miami.; come alive. You would like to stiffle it. Sure thereis place for;. Coconut Grove. I love CoconutGrove, but there is place also for accord, for striving, living, throbbing downtown. You stay in your Coconut Grove and cherish it. It's a great city but let our downtown live and come to its destiny. Mayor Ferre: All right. Any further statements'? All right Mr.. Hollo has been hanging around the Mayortoo long. Mr. Paul: I just want to say a few words to answer some of the arguments that havebeen made. I have never thought thatthere wasvery much support among the developers for doing anything to preserve the public waterfront. And 1 think that comes out very clearly tonight. For'. example, the 2 proposals that you should change the 50 foot setback to an average 50 foot setback. Stop and think what that means. You have 200 feet along the waterfront that would permit you to build a building 100 feet long with zero setback and the next building setback 100 feet and that would give you an average of 50 feet setback. The average question was carefully examined by the City's Planning Department and rejected because it would provide absolutely no protection. And even more outrageous, is to suggest that 50 feet ought to be measure from the upland owners waterfront line. Some people own submerged bottom land 150 or 200 feet out in the bay. So if you measure the 50 foot setback from the 150 foot upland waterfront line, you will then at that point, be approximately 150 feet in Biscayne Bay and it would not surprise me at allthat the developer would want to put his building there. Because they tried to do it. It wouldn't surprise me. But I. ashamed that anybody would have the face to come and make such a suggestion in the guise and name of protectingthe waterfront. Now, as faras whether this ought to be by Charter amendment or whether it ought to be by ordinance, I knew Mr. Harris was no longer in the legislature, but I: did not know he totally forgotten what the legislature did. The legislature of the State of Florida, frorn time to time, regularly proposes amendments to the Florida -Consitiution which provides restrictions on the legislature. The Consitutional Revision Commissionso provides. And, this is...I can understand the Planning and the Zoning Board not being particularly in favor. -They are the problem, as a matter of fact. Because the zoning ordinance of the City of Miami is a no law; law. It's a piece of swiss cheese and it always has been that. If you have the right lawyer and the right political muscle you get the variance that you want before the various boards. And the City's zoning ordinance in downtown Miami is a no law law even on its face.With absolutely zero setbacks on any side and only 20 feet on the waterfront. And even the 20 foot waterfront it..you can easily get a variance from it. What this boils down to, and I think it's perfectly. appropriate for a Charter amendment and the responsibility that rests on this Commission, is what kind of dream do you have that this City willbe like 60 years from now. Not between now and September 18th. Do 'Jut 2 ? 0./4 • 1 you dream that this City will look like Collins Avenue with one highrise after another, in a solid concrete wall with no adequate setbacks between them. With no adequate setbacks from the waterfront? Or do you dream that someday this City will have a,:great public swarth along the waterfront of greenery where the public will walk. And, it's perfectly true, as Mr. Rice says, that you can't take that land and get it, but you can certainly by publictrade-off get people to give access. The Miami Beach front was prevented for. long period of time because the hotel owners were so shortsighted they couldn't see the necessity of granting the necessary public access.so the Federal government would fund the waterfront and build in the .public beach in that area. The same thing happened on Key Biscayne. Finally, they agreed to give direct public access to the beach; at various places, and the Federal government funded the project. And it's entirely appropriate that you should write in your Charter, as a guide to _all future Commissions: and as a guide to all future zoning Boards 'and. Planning' Boards, that have so riddled you exisitng zoning ordinace. That 1 think if somebody brought a law suit to prove that your zoning ordinance:-doesn't:'exist because it has so many exceptions to it that it denies'equal,-protection; and due process of law to the reamining citizens in this County. It's whether you _ -see that dream for what...for this 'community 50 years fromnow and whether you want a bunch of concrete potatoechips along the water.' Or whether you want adequate setbacks andwhether;you want adequate side yards so as you drive down our great thoroughfares. rand,astheTubliC goes down them that our waterfront will be beautiful; and; that these setbacks'will be there. That's the question reallybefore You 'tonight. Mayor Ferre: Yes`, sir. next. Mr. Cheezam, I'll recognize you Mr. Lester Hirschon: My name is Lester Hirschon. I live at 3301 N.E. 5th Avenue, Miami. I have been a resident of Miami for approximately 30 years. I have seen Miami stand still for almost that whole length of time... the City of Miami I havelistened to Mr. Paul's speech and I can't really make any sense out of what he wants. I know the City very well. I think all of you here know the City very well. If you take a public thoroughfare, Bisca;.le Boulevard for example, which is a main thoroughfare, and you drive up and down Biscayne Boulevard, even where the seawalls are free of any buildings you cannot see the bay because you are on Biscayne Boulevard. The places where you drive past and see the bay are from downtown Miami up to where the City's park begin. At that point, the City park put a mound which destroys any vision of the bay. The Miami Herald is directly on the bay at 15th Street, approximately. There is absolutely no access at all. There is a barbed wire fence around the Miami Herald. Then we come to Plaza Venetia, which is a project that I'm involved with and we find that we have public access to the bay. Where people can walk, can enjoy themselves, can have a savor of the waterfront which is an important part of Miami. I think that that is the salient point in this whole matter. To give the public access to the bay. Not to give them a chance to drive down the street to look at the bay through a building. Thank you. Mayor Ferre: All right, Mr. Cheezam. Mr. Cheezam: Mr. Mayor and members of the Commission. I'll be very brief. I have had the privilege of telling you just about all I know about Claughton Island' and our project the other night, so I won't repeat it. I:would like to say that Claughton Island has been 11 years in developing. Our predecessor spent over $1,000,000 we have spent over a $1,000,000. We have obligated ourselves in over $1,000,000 for land planning and architectural loan which is substantially spent today. This money was spent in good faith on the..on the plans, the rules and regulations. And contrary to everything that has been said here tonight, we are not asking for any variance. We have been building here in Miami for 5 years. We've never had an attorney come down here and ask you for one single variance from your rules and regulations. We've abided and built and structured our buildings around you rules. And we continue to do so, even now. There is a...even though it's been spoken that you could conceivably put a building on the property line or on the waterfront, I see nothing in your rules, your ordinances or your zoning codes that would allow that. 189 ist rJ L ist We have a minimum of a 2O foot setback and that's the ball game in which. we are playing.. When we say an average setback, our ,main .buildings are setback5O feet. And the reason the townhouses are there in a period of our planning, is to soften the view of the island. These are big structures. The plan that you approved, envisioned 11 buildings on our part of the island and we are really using either 7 or 8 buildings. Weare reducing the number of buildings. They are aesthetically, greatly. improved and a much better master plan. But the reason for the lowrise buildings in front of these is to soften the view. To bring them into human scale so that when people approach the island either by boat or by car, or from the visual corridors from the mainland, they will see the:lowrise, the townhouses and the eye will go up to the. to that high density development. Thank you very much. Mayor Ferre: All right, thank you Mr. Cheezam. that wants to speak, at this time?" From...; Mrs.. Gordon:'.Let me- ask - Mr. Cheezam a question., Mayor. Ferre: Mrs. Gordon: sir? All. right. You have already begun sales on'your units, haven' Mr. Cheezam: Yes ma'm. The plansare substantially. completed. We are'. down for a;"building permit on thefoundation at this time. Mrs._:. Gordon: 'I' know that...I've heard people that have put deposits down already on your units and they werestanding in line, I understand, to purchase. them. Is that correct? Mayor Ferre: Are there any other speakers at this time? You've already spoken, sir. All right, now the City Attorney.:;is recognized to :make a clarification Mr. "Knox: :'This ;is in regard to proposed amendinent number.1 I would respectfully; can'. City Commissions ".attentionto the statement of. the actual provision whichappear on page 2, subparagraphs (f), 2, the:. 2 small- i's. 3 lines from - the. bottom. Mayor' Ferre: Wait Mrs. Gordon: Where areyou? Plummner: Without competitive Mr. Knox: Yes. Mayor Ferre: Amendment "number '1.: Mr. Knox: Yes, sir. Mayor' Ferre: On page 2. Mr. Knox: '.There are what purports to be requirements with respects to limitations` on contracts with private firms for the use of the City's waterfront property. Just preceding subsectiond, there is the word are. The provision appears to imply`' that all of the .4.requirements must bemet. That is, that there must be...no agreement would be entered into where the public would be denied access, which would not result in a fair return, that those uses that are not authorized under the then approved Master Plan, or without competitive bidding. This provision appears to imply that all °4 must be met. If you will then turn to the proposed ballot question, which appears on page 3, this is the language that would appear on the ballot. Same requirements are set out, but you will note 'approximately 7 lines up, there appears the word "unless". The implication is that the requirement would not spring into existence unless there was no competitive bidding. So that on the 190 7111 2 3 1971, one hand you are saying., that there are 4 requirements which include competitive bidding. But in the,. proposed measure it indicates that :.the --requirements., or it implies _that the requirement, need not be met unless there is no competitive. bidding.' Mayor Ferre: Well, how would you propose to correct that? Mr. Knox: Well again, it would appear to be based upon the will of the Commission On one hand, there are 4 requirements which include competitive bidding. In other words, there can be no agreement unless the public is provided access, unless` there are 2 appraisals, and unless there is competitive bidding. On the other hand, there is a suggestion that if you have competitive.. bidding then a proposed contractor with the City need not worry about the other requirements. Mr. Plummer: Well, you can't circumvent competitive bidding can you?.,. Are you gonna...even if this Commission so desired, that's in the. Charter. You can't circumvent competitive bidding. Mr. Knox: Right. But when you have again, we have maintained' in the City of Miami, that competitive bidding is not, required for certn kinds of contracts and agreements which may involve ;City .owned „ property. So that we are now...we are now codifying a requirementfor competitive bidding or competitive negotiations. Which arguably, presently e not. exist. Mrs. Gordon: Mr. Paul, did write this amendment number 1' Mr. Paul: No, I did not write this amendment number 1. And.1 think thatMr.Knox is correct. That the ballot...I think the amendment is, properly written.I think the way it's described on the ballot is improper. That the word "unless" ought to be or., But that is just a wording change. I did not write this amendment. No. Mrs.: Gordon: I didn't think you did. And basically, I don't know what this is going to accomplish because all of these things are not going to prevent, the leasing of the public's land on long term leases, private enterprise. It's nothing in here that says that it would. And, everything that's under consideration with regard to public land is going to continue exactly the same. And as far as'.I can understand, this hasabsolutely no meaning.' It doesn't control anything. It is..it s not going to e anything. It's a worthless...in my opinion, it's worthless. Mayor Ferre: All right, let me...I've listened to everybody here and I' want to at this time, express my opinion. Before I do that, I want to trace the history of this a little bit. Back in early June, at... on.a Tuesday,`I received from Dan Paul at a Chamber of Commerce meeting, a proposed City of Miami Charter amendment which read as follows. Miami 'The right of access to the public to Biscayne Bay. Government Cut River,`shall remain inviolate. Anything in this Charter or the ordinance of the City Miami contrary and nothwithstanding, neither the City or any of its agencies shall issue building permits or certificates of Government occupancy for any enclosed structure located on Biscayne Bay, Cut, or the Miami River from it's mouth to the 7th Street bridge, which -is not setback at least 50 feet from the bulkhead line; or seawall whichever is greater. 0r which at ground level obstructs the public's view of Biscayne Bay, Government Cut, or the Miami River by oceupying more than 75% of the waterfrontage from each lot or tract onwhichthe structure is to be built, the City in it's zoningcode may grant floor area ratio height bonsus for serving such property occupancy Limits." Now, the follwing day, and that afternoon, the press 'received a...excerpts of Rose Gordon's speech at Tiger Bay. And the "The like this, public's interest must be protected in the orderly growth and the development of the City of Miami. To ensure 191 1st this protection, 1 will insist that the City Commission sponsor Charter amendments. :'And, ..I am today proposing 'a Charter change enacting setback requirements on privately owned waterfront property. The need here is clear. The ;'people 'have "a right to decide whether they want their view of Biscayne Bay, and with it the international image of Miami as a waterfront metropolis. T also pledge a Charter change to establish standards for determining who is the...what_ is the public purpose in regards to any lease that the City might want to enter into. Here the public's right and need for free access to our unique waterfront enviornment will be maintained. Miami's new Waterfront Advisory Board is hereby assigned the task of developing these standards." And so on. Now, Mr. `Dan ;:'Paul, in particular, has expressed a desire to see these issues addressed in the public's interest. Now...further to that on the 19th of.I'm;sorry, on the 20th, there is a memorandum signed by Rose Gordon to Bob Homan, submission to Commission of the proposed charter amendments provided for the setbacks and occupancy :limits _on...waterfront'properties: and approval by.voters .of leasing and contracting standards. And the amendments;. proposed are almost identical: to the one that Dan Paul had previously submitted. Subsequently to that on June`22, there is this memorandum from Rose Gordon. The enclosed forms are to be distributed to the Commission .: pursuant to the June "25th"meeting regarding item(£). Now that is.". amendment petition number 1 which again, says that basically the same .thing. P It's now being expanded. Itgets a little bit longer and a little bit more difficult to interpret because of how the 75% of the waterfrontage. is interpreted. Now, beyond that it began to change even further ::and finally we°ended up:with . another amendment which is amendment number 4and then finally amendment 5. O.k Now,here is amendment number 5 which is 4 timeslonger than" amendment number 1.Now, let me read you the full impact of amendment number 5. And, I won't bother you with all the preample and we'11, get right to the heart of this thing. And it says, and: thisis going to be circulated. This is the petition that is going to be circulated is not. true, Thatisabsolutely not true. Mayor Ferre: It says protect our waterfront amendment.: That isabsolutely Mayor" Ferrer Who,typed-this'-.up?' fal.se statement of fact Because„ —that Mrs. Gordon: .I did, not. '.'.Mr: Paul prepared it, presented it to this Conunission. And showed it to me and I stated to Mr. -Paul that that was an impractical",..petition: that nobody -that I knew' would sign it... 0.k. Mrs. Gordon: And hewould admit to:"that -statement by, tne.to him, here._: at. this Commission: Chamber. And,`, you are theone together with Mr."Lacasa, who introducedthose amendments his.motion, your -second. So,: lets keep the cards straight.on"the table without any- deviationfrom'Ole faces; Mayor Ferre: All right.; On:June 26th, this matter was presented. - before this Commissionand it passed on a 3-2 basis Now, since. -that. time, what has been going on is an attelnpt to make what,":inmy opinion,., was.a unreasonable and unbelievable Charter amendment into something that made some sense. Now, let me express my opinion at this time as to why I think what we are -doing is completely -within the realm of :reason and-: why it is ": something that we can live with. What we have before us " is amendment number 2.:" It's a.document "Which states a matterof philosophy,: into -..the Charter. Now, this ,.City of Miami onlyhas So much waterfront:.."' And :there.is absolutely no question that it is the single,.tnost"precious asset that this conununity has. Bar none.: There is nothing more precious than sour :waterfront-. Now:up;- until now, we've nothad: anyway .of really.. dealing with the :little waterfront. that remains. That is not _either public 'in nature or single family residence.: They're only really about 20>or 30 pieces of property or major tracts that are left that fall . within this category. What this attempts to do, and"I think wisely so, ist is to establish an ideal, a standard. But since we could not, after 5 attempts, and we were getting deeper and deeper and bogging down in the definition of how to do this. What ve did was we made a philosophical statement into the Constitution of this City, the Charter. And then what we did, which I thinkis a reasonable way of approaching this, is we said we...we specifically stated how these requirements may be modified. That is a responsible way of doing this. So it says,. in order to preserve the City's natural scenic beauty, etc, etc. One 50 foot setback, two, a 25% see through. But it doesn't get into the specific definition of how we are going to define that. And then it says, the above setback and side yard requirements maybe modified by the City Comxnission, after design and site plan review, and public hearing. Only, if it is determined that the modifications requested provide public benefit, such as direct public access, public walkway, plaza dedications, covered parking up to the flood plane lever; or comparable benefits which promotea better urban enviornment."And, that's a key word. And Dan, I insisted that that be put in there. I. noticed earlier today that it had been removed. But I think an urban enviorntnent and public advantages or which preserve natural featuresare the real key that we have to have in here. Which, is a guarantee to Mr.: Cheezam"and. to Ted Hollo, and to Ted Gould and to the other people that are involved in this.; That, this is notsomethingchiseled in stone that has absolutely no way of being. in any way modified and I think serves the public because it states into our Constitutiofl, the Charter an absolutely essential statement as to how we feel about our waterfront at this time. Now, there are further restrictions, which say whenever the setbacks or the site plan review require a zoning ordinance of...greater"than the foregoing, that will govern. And then itsays these requirements shall not applyto docks, and pertinent structureS, single family residence, waterfront industrial uses, and publlc and private facilities on City owned properties along the Miami. River and at the Port of Miami And I think, that this is a reasoned, responsible way of approaching a very serious problem. Which I commend you for, Mrs. Gordon, of having brought to this Commission and brought to the public, and now I think it is time for us to conclude properly in a',reasoned and responsible way. Mrs. Gordon Mr. Mayor, 1 thank you for yourcompliment because you saved me the bother of reminding you that you thought it was such a. great idea, after I' initiated the idea, that you continued working with it... let me finish.. Mayor:Ferre I`perfectly agree with'. that. Mrs. Gordon: That's right. That you continued working with' Mr Paul on all these numerous ",amendments :and you had our Planning Department come in the act together with you. And I think that's great because. your know, you made my, life a little "easier. Mayor Ferree Trying; to Mrs. Gordon: That Mayor Ferre: That made some: sense but didn't': work. Mrs. Gordon: 1°don't want to be:argumentative with you. I just want you to, recognize also.the,fact thatmmany an issue. in this community has 'fallen into place,:::and been modified and benefited the people at large, simply because of, sheer persistence on the part of one female member of:this Commission: So:.I'm:glad that you are a converted person and' that you'are willing now to be reasonable and not hurt anybody. Those who haVe:gOt,Yon:know,i their permits and on their way to completion. I'm.sureyou don't'.., want:to hurt their projects and I'm glad your're... you've got religion. Not in the true sense but just in the, you know,, 'in the philosophical, sense of believing. Mayor Ferre:::Mrs...Mrs`. Gordon, don't get personal now. Idon't-,think your >neant.:to:say .that. Mrs. Gordon: believe... ist Yea, I just meant philosophically you believe ,in what I Mayor Ferre: Let me...let me... Mrs.; Gordon:. The protection of thepublic's land but not hurting the ;. private interest. Mayor Ferre:'. Well, then you have no objections of making the statements as...since I completely accept you're the originator of this whole thing. And I; think you started something that made a lot of sense. But you have to do it in a reasonable way. You just can't go out with a meat axe and 'try :to accomplish something in a way that is going' to really completely constrain this community from doing anything. Mrs. Gordon: Maurice, right from the start. You're the one that took hold of this thing and you're the only one that doesn't want to make any consideration for existing permitted uses. Mayor Ferre: Because, I think it's already built in to the structure of this and that's why I asked thehelp of both Jim Reid, and our own staff and Dan Paul because I think we have a great deal of latitude by... in this ordinance specifying the modifications' that the City of Miami Commission can consider. That's a reasonable way to approach this. You can't say you will not do this, and say that's the end of it period, forever. You have to have, if you are going to get into a marriage contract, there's got to be a way for a divorce... Mrs. Gordon: Who are you arguing with? Mayor Ferre: And there's 'got to be and there's got to be a way without specifically going out and exempting ;X,Y,7..projects....exempting XYZ project provided, however, that they are compatible, that they have comparable benefits which promote the better urban environment and public advantages. That... Mrs. Gordon: Whoare you arguing with, Maurice? Mayor Ferre: What? Mrs.: Gordon: Who are you arguing with? Mayor Ferre: I'm saying that this is, in .the form that it presently presented, it is:a reasonable and responsive form. Mrs. Gordon: Well, I don't know who you 're...you'reyou know, trying to convince. Mayor Ferre: Well, 2 more people .to vote on this item tonight. That' who I'm trying to convince. Mr. Lacasa: O.k. Mr. Mayor? What 1 beleive is that we all have had. quite an education with this issue here. Not only tonight, but in the. previous days and nights that we havebeen`. discussing and working with this. 'To make it very brief, when this question was brought to our attention first, I voted against. 2'days :after that, I changed my vote. And the reason was because I re1ize what could have been only.;a question of zoning in the City of Miami,was going to become .a political issue. And if somebody has convinced meof the neccessity of Laving. something reasonable put on the ballot for the benefit of the City of Miami has been Mr. Dan Paul when he spoke his last words today. And he made such a passionate plea for this petition. This is the kind or arguments that undoubtedly would or could result in a petition drive which could be successful and put on the Charter of the City. of_Miami 'soinething that could be more far reaching than what we are proposing and that could have very negative results for the economy of this City. And, to illustrate what I am saying, I just submit to you that the first. amendment to the Charter that were proposed in the petition included even a moratorium which would have, in fact, set back:. the economy of this City. The feelings about this issue are very hot, highly publicized and I have no doubts in my mind that unless we do something and in cooperation with all the parties interested in the issue, we reach a ist 194 JUL 2.3 1;74 ist reasonable conclusion and put something on the ballot for the discussion of the;' people, we might end up with something very bad. Therefore, I for one, and going tovote to put on the ballot this amendment against which ",I am going to vote on September.,18th, but becasue I believe that after all, is the right of the City of Miami citizens and residents votersto determine, since this has been such an important issue. In the 6 months that I have been sitting, in this City Commission and in the years in which I:have...during which':I have attended public hearingsof.' the City Commission, the. Zoning Board and the Planning Board,and participating in some as an attorney myself, I realize that these questions are of paramount importance in a City such as this. Our major paper here dedicates a tremendous space; just one moreeditorial entitled "Public Access to Waterfront, a Vital Part of Miami Magic".,.., So the citizens, are going to be very much intune with this issue. Therefore, as I' said before, I am going to vote for.. this. However, under no. circumstances am I, going to vote or participate in any type of measure,., ordinance or whatever, that might jeopardize the credibility of this governmental body and of the City of Miami. If, the'citiiens of this City,' which after all are the onesthat have the last word, and rightfully so, decide on September;18th to put something on the ballot which might eventually jeopardize the economy of the City, we will have a number_., of days to campaign on the issue to state our position, to give information and orientation and hope that they...that people will be reasonable when they go to the polls' and vote. But for those who in reliance of the, existing rules of the City ofMiami, 'invested, `planned, worked, cooperated with the developinent of this City from;. the economic stand point of view, I have a tremendous respect. And, I. submit to you that my vote will only go tonightfor a proposed amendment which ensures completely and absolutely, the best, what I. consider, the best and equitable rights of those who have on -going projects on these properties. So, what I would like to have is to'finalize,an opinionfrom you people, of what would in deed, satisfythis requirement so the financial institutions, the developers, the People who;; at this point don't have yet a vested interest in the City of. Miami,: but potentially they;; might be because they might be considering seeing what's,_ going on in this City and the tremendous. development that we are under going. They might eventually come and contribute to further strength, to further develop the economics of this City. What kind,of wording is the one that will ensure those vested rights. And with that, ::I'11 be satisfied. And with that, I'll be readyto vote. Mrs. Gordon: May Icall to the attention of: everyone, present that you Mr. Lacasa, are the one who made the'motion on the ordinance, on the amendment which you relate as: having a moratorium. .I don't know of,.. Mr. Lacasa: Mrs. Gordon: Any moratorium that was.. Mr. Lacasa: Gordon... Mrs. Gordon:`.I don't know any tnoratoriUfli that because 1 never saw any; moratorium... -Mr. Lacasa: Mrs., Gordon, I think that we have been discussing this for quite awhile. Idon't want:to become personal and tell it like it is. I;made -a motion to discuss this...toput it on first reading, and you might remember well, if not, I call the official record of the City of Miami,thatthis was done in that way precisely because we were going to. have;, a second reading and we would be open to this kind of discussion that, has been under...going.`on today. And, if you press me further, Mrs. Gordon,:"I would have to quote it,lik"e it,is and say that unfortunately, Mrs.. Gordon,; you have made a political issue of this and this could have been.Yn a tremen...'.resultedin a tremendous detriment to the economy, of this City.just for political purposes. Mrs. Gordon:. •Mr.;,Lacasa.... Mr. Lacasa: I'm not going to... you are referring. to 1V5 Ail_ 2s,1-, Mrs. Gordon: I wish you were a gen .eman... Mr. Lacasa: And I am not going...I am not going to continue this discussion. You can say what you want. My position is very clear. I am satisfiedthat we have to put something on the ballot, something responsible. And I want to ensure that whatever it is respects the vested interest of those who have trusted the Charter and the regulations of the governmental decisions of this City. And that's it. Mrs. Gordon: Mr. Lacasa, I appreciate it, because you really are a gentleman and you don't interrupt people when they are talking. The political issue that you are referring to is the political attempt by yourself and the Mayor to destroy, and attempt to protect the public land from being leased to privateinterest. This amendment which we are discussing at such great length tonight, I have seen it tonight for the first time. I don't feel that I had ample opportunity to even become familiar with all the wordage that's in here. I can't see how in the world I can approve something that I don't even know is exactly what's going to be used and what the implications are. And, I'm not ready to vote on this tonight, under any conditions. I have not... totally familiar with it. You handed us this package just before we discussed this issue tonight. Mayor Ferre: Mrs. Gordon. Mrs. Gordon: Now, the other one, the one about the leasing of the private land —of the public land to private interest. In my opinion, I said before and I'll say it again, it is absolutely worthless. Just cluttering the ballot. You might just as well leave it off because it has no meaning at all. All of the powers that are recited in here are powers that we have and normally use anyway in any transaction. So, it just doesn't have any worth'. And this one, I'm going to have to read it before I vote on it. Mayor Ferre: Mrs. Gordon, are you finished? Mrs. Gordon: Sure. Go ahead. Mayor Ferre: YoUr attempt to deny your initiation and the authorship on the 50 foot setback and the 25% see through is a blatant lie. Now... Mrs. Gordon: Are you denying that you worked with Mr. Paul on everyone of these from the initial beginning. Mayor Ferre: I do...of course I don't deny it. I'm...of course I don't deny it. I accept the fact that the moment Dan Paul showed me what was involved, and that was the day before you made your spech, on Tuesday, I told Dan Paul when I read it that I thought that there was a lot of sense in what he was trying to do, but that I though what he was trying to do was too drastic. That's exactly what I told the man on Tuesday. On the very next day, you were out off and running with this •thing and then coming back...and there are letters in the file from Mr. Dan -Paul to you, as I discussed with you such and such and such. Now, there is nothing wrong with that, Rose. What I'm saying is that what we have to do is make it a reasonable thing,. which is hopefully what wer are doing here. And then passing it and putting it on the ballot. Now, I think it's important enough...I don't often agree with these editorials that come out in the Herald, but I think this is a very key editiorial that came out Friday. And it reads as follows, "Public Access to Waterfront a Vital Part of Miami's Magic". Should downtown Miami settle for looking like just any prosperous but unremarkable American city. Or should development compliment Miami's priceless waterfront heritage. Compromise. That long ingnored question finally is getting the attention it deserves as developers, preservationists, lay citizens and civic activists quarrel over the final form of a proposed amendment to the City Charter. A Charter amendment definitley is needed to preserve the waterfront as an asset to the entire community instead of letting it be walled in as a private preserve of favored builders. The 196 ist 2 3 'Ali ist temptation to grasp for an immediate building boom'after years of stagnation is powerful. But the long range health of the entire area is linked inextricably to the bay front vista that is uniquely Miami. The amendment proposal is the brain child of prominent attorney, Dan Paul and was mid-wifed by City Commissioner Rose Gordon. It's purpose is to force deeper setbacks for buildings on privately owned land that fronts on Biscayne Bay or the lowerportion of the Miami River. It also would limit the amount of bulk concrete to imposing see through standards that would restrict what percentage of the lot width could be covered at ground level. This setback and see through measure still is being developed and its final form still is open to public discussion." That's what we are doing. "It's not yet circulating in petition form the way companion measure that relates only to waterfront property owned by the Cityalready,; is in the petition stage. The private development proposal is to be presented, Monday, to the City of Miami Commission which will decide whether to place it on;,the November ballot. The present heated public debate should producea final version that protects the public interest without strangling downtown's growth. There is no doubt about the need for a waterfront policy stated in the Charter. Not merely an ordinance which is...which a commission can change at will. The Commission's inability to resist. pressure; from developers is dismally clear. Indiyidual Commissioners come and go. They are easily seduced by the promise of instant glory with skilled promoters and so on. "The waterfront is a priceless,non-renewal resource. Developers on other sites create value through ,their own efforts and investments. But, the natural shore line offers a public value that cannot be reproduced. It: must not be sold off to the highest bidders without a consideration for the entire community. A required setback of 50 feet from the water, therefore, is "quite reasonable for commercial property, as is a see through minimum of25Z of the frontage. That is the very least the public should demand. Direct access to the waterfront through walkways and public plazas, of course, might be even more valuable to the community than a 50 foot garden for tenants only. The principle of trade offs, therefore, should be included in the final amendment proposal." And, that's what we are talking=about,is trade offs, with direct public access being the key for a developer to earn concessions on the other requirements. Flexibility clearly is desirable but only within the well defined standard of free public access to the waterfront. The goal is not to strangle the resurgence of downtown development. 0n the contrary, the point is to keep the waterfrontopen rather than limiting the benefits to a few choice projects that turn their backs to the rest of the City. Miami can become the most exciting City in the United States in which people can look past the dazzling brilliance of short term returns and focus on the permanent value of Biscayne Bayand: the Miami River to the entire community. And from the long term view,the aesthetic and economic considerations. add up to the sanie conclusions. Protect Miami's waterfront and the entire City will benefit." I think that that is a commendable editorial and that is exactly what we are allabout today. It looks like we've lost our mid -wife. Mrs. Gordon: Maurice, I really believe that after this many hours, your re not being very rational. I°think we should, you know, like sum it up. Go home. Get a good nights sleep.We are coming in tomorrow morning at 9 o'clock.. Mr Plummer:. No. No, no. You're wrong. Mrs. Gordon: Yes we are. Mr. Plummer: We're; coming in today at 9 o'clock. (LAUGHTER) Mrs. Gordon: All right, we're coming in today at 9 A.M. Mayor Ferre: 've;go noobjections at all to continuing this. Mrs. Gordon: It's 12:30 A.M. and we're coming back at 9:00 A.M. and I think after a few hours sleep I; think everybody will be.more comprehensive. But.:I think at this, point everybody is being rather ridiculous. The conversations that are being recorded are something that shouldn't;; even 197 JUL 2 3 1179 e"recorded. Mr. Lacasa: Well, Iam sorry but -I do not agree with that. I.believe that we have a situation here which has to be solved. For days', this. has been the subject of tremendous discussion. This is very much in the mind of everybody. Financial institutions are becoming very concerned about what we are going to do here. A lot of jobs, as this gentleman there stated, the credibility of. the City is at stake. I think that we ought to vote forthis and finish this once and .for all. Mayor Ferre: All right. Then I'll tell you what I'm going to do since Ifeel some responsibility; Plummer, I'm going to give you the gavel and. I'm going to move you sir, item number...amendment number 1, whose titel reads as follows. A resolution setting forth a proposed Charter amendment number 1, amending Section 3(f) of the Charter of the. City of. Miami to provide for a prohibition upon the leasing or the making of management contracts for any City waterfront property with private firms or persons with the exception of the City of. Miami/University of Miami James L. Knight'Internationl Center and Hotel facility. Including the improvements thereon which leases and contracts would prevent public access to the water or which would prevent public use of such. waterfront propertyor which would not result in a fair return to the City based on 2 independent appraisals; or which would permit use of such property not authorized under the then existing Master Plan of the City of Miami unless such leases or contracts be subject to competitive bid or competitive negotiations. Said Charter amendment alsoprohibiting extension or modification of any existing such lease or management, agreement that does not comply with each of the above requirements unless such proposed extension or modification has first been approved by a majority of the voters of the City of Miami. I so move. Mr. Lacasa: Second. Now, Mr. Mayor, under discussion. Mr. Knox, on the wording of this proposed amendment, item double i, under a it says, under terms and conditions which prevent public access to the water or public use of such property. My question is, if there is a facility leased to a private enterprise and that private enterprise charges the public for access to their facilities, would that be constured as Prohibited ; by this wording? That seems to be the interpretation of Mr..' Paul. Mr. Knox: The language indicates open to the public and ;again`.document;s' are to be -construed literally.`, So again,�'- if "public " in, thi`s.context will be defined as"not private;; and denying access to individuals. So that there the literal interpretation that i.f`a fee is imposed but the'publit' generally_ is invited to the facility then that facility is opened to the public.:, Mrs. Gordon:. Well,;shouldn't that include the word free in there? Prior to the word public. Mayor Ferre: We're talking about the lease.This is amendment number Mrs. Gordon: That's correct.` Where the word 'should say free. is prevents public use, Mayor Ferre: No, because I think Dan Paul had a proper point. . And .that is, we may, for example, if we`-have`a walkway or a park or something eventually we may have to charge admission to a park. So, you know, I don't think we should limit ourselves in the Charter toy that extent. Now, ladies and gentlemen, in case you're not following what we are doing here, we are onthe lease amendment. It has nothing to do with the private property portion. Thisis;..strictly to do with City of Miami,- owned property. And what we are saying is there` are`4 requirments. One is public. access. for public use. Two is a public bid process for public negotiatons.Three is establishing proper value through two appraisals and the fourth is what? Mr. 'Fosmoen:":<Competitive negotiations." ist 198 JUL 2 3 191? Mayor Ferre: No, we already have that. Fosmoen: Master Plan. .: Mayor. Fevre: Master.. Plan. O.k. And what itsays, it exempts the James `L.. Knight "Convention Center and it imposes -on every otberCity,of' Miami property and l.think this meets the,main requirements ;of:; the:.type of concerns .that those that have been.. our critics have expressed in -the past.... Mrs. Gordon: The ambiguity that you, said was existing, has that been corrected? Mr. Knox: We corrected that by changing the word unless Mayor Ferre: Knox: 0 Mayor Ferre: Or which. Mr. Knox: Or which. Mayor Ferre: And the word being to was. not. So now of Miami or which such lease or contract was not". Mr. Plummer: Further discussion Mayor Ferre: Call the question. read ,"the City Mrs. Gordon: "=l=have a.question; to ask ,you, Mr.Mayor. -The questions. that you called a special meeting on;Friday..`1 was notified,,in the morning.. , 1asked-what.is:.the-meeting going to be about and no.one,.would., inform me, other than to say. that it was going to take., up amendments without. saying what they were. Three, days before that date, you niet with.a member of .the Waterfront Board and thoroughly discussed what you were going to:be ,. doing. How is it that you felt you could. discussiit with a Waterfront Board member and not.; furnish. to this Commission,;and particularly; me, what you were intending to bring up that afternoon. 1 don't think that that's a reasonable_ thing for you';to.have done as the�.Mayor., Mayor Ferre: Oh, expresses itself. I`guess that's —particularly you? 1 guess that Mrs.:Gordon:;'.Since-you are giving me all the credit for -everything else, I'd like to know why you are taking thisthing totally.: in. your own -hands without "even; being fair minded' about; it.' ,;And distributing,`.the information so that we may;, become acquainted with it. Just like tonight, this thing was handed to us a few'minutes:ago.' I don't know when you:received yours. I'm assuming you got it when .I got -it. Mayor Ferre:'. Idid. Mrs.. Gordon.:" But...but On - the hand, -this is not a very honorable, way to do business. Mr. Plummer: Further. discussion? Mr. Fosmoen: Mr Mayor? Mayor Ferre: Yes. Mr. Fosmoen: On the ordinance,or the proposed ainendnient number 1,.I must express some concern on the potential impact on Watson Island. Mayor Ferre: I understand Mr. Fosmoen: If.;there..if:it`is legitimate to exclude because of bonding, consfderatlons, the James L. Knight Center, then it is reasonable since ist 199 JUL 231373 ist temptation to grasp for an immediate building boom after years of stagnationis powerful. But the long range health of the entire area is linked inextricably to the bay front vista that is uniquely Miami. The amendment proposal is the brain child of prominent attorney, Dan. Paul and was mid-wifed by City Commissioner Rose Gordon. It's purpose is to force deeper setbacks for buildings on privately owned land that fronts on Biscayne Bay or the lower portion of the Miami River. It also would limit the amount of bulk concrete to imposing see through standards that would restrict what percentage of the lot width could be 'covered at ground level. This setback and see through measure still is being developed and its final form still is open to public discussion." That's what we are doing. "It's not yet circulating. in petition form the way companion measure that relates only to waterfrontproperty owned by the City already, is in thepetition stage. The private development proposal is to be presented, Monday, to the City of Miami Commission which will decide whether to place it on the November ballot. The present heated public debate should;' produce a` final: version that protects the public interest without strangling downtown's growth. There is no doubt about the need for a waterfront policy stated in, the Charter. Not merely an ordinance which.is...which a commission can change at will. The Commission's inability to resist pressure from developers is dismally clear. Indiyidual.Commissioners come and go. They are easily seduced by the promise of instant glory with skilled promoters and so on. "The waterfront is apriceless non -renewal resource. Developers on other sites create value through their own efforts and investments. But, the natural shore line offers a public value that cannot be reproduced. It must not, be sold off to the highest bidders without a consideration for the entire community. A. required setback of 50 feet from the water, therefore, is quite reasonable for commercial property, as is a see through minimum of 25% of the frontage. That is the very least the public should demand. Direct access to the waterfront through walkways and public plazas, of course, might be even more valuable to the community than a 50 foot garden for tenants only. The principle of trade offs, therefore, should be included in the final amendment proposal." And, that's what we are talking about,is trade offs, with direct public access being the key for a developer to earn concessions on the other requirements. Flexibility clearly is desirable but only within the well defined standard of free public access to the waterfront. The goal is not to strangle the resurgence ofdowntown development. 0n the contrary, the point is to keepthe waterfront open rather than limiting the benefits to a few choice projects that turn their backs to the rest of the City. Miami can become the most, exciting City in the United States in which people can look past the dazzling brilliance of short term returns and focus on the permanent vaiue of Biscayne Bay and the Miami River to the entire community._ And from the long term view, the aesthetic and economic considerations add up to the same conclusions.' Protect Miami's waterfront and the entire City will benefit.".`I think that that is a commendable editorial and that is exactly what we are all about today. It looks like we've lost our mid -wife. Mrs. Gordon: Maurice, I really believe that after this many hours, your'r not being very rational. 'I think we should, you know, like sum it up. Go home. Get a good nights sleep. We are coming in tomorrow morning at 9 o'clock... Mr. Plummer: Mrs. Gordon: Yes we are. Mr. Plummer:. We're coming in today at 9 You re wrong. clock. (LAUGHTER re coming in today at 9 A.M. objections at all to continuing this. Mrs. Gordon: It's 12:30 A.M. and we're coming back at 9:00 A.M. and, I think after a few hours sleep I think everybody will be more comprehensive. But I think at this point everybody is being rather ridiculous. The conversations that are being recorded are something that shouldn't even 197 JUL 231974 Mr. Lacasa: Well, I am sorry but I do not agree with that. I believe that we have a situation here which has to be solved. For days, this has been the subject of tremendous discussion. This is very muchn the mind of everybody. Financial institutions are becoming very concerned about what we are going to do here. A lot of jobs, as this gentleman there stated, the credibility of the City is at stake. I think that we ought to vote for this and finish this once and ,for all. Mayor Ferre: All right. Then I'll tell you what I'm going to do since I feel some responsibility. Plummer, I'm going to give you the gavel and I'm going to move you sir, item number...amendment number 1, whose titel reads as follows. A resolution setting forth a proposed Charter amendment number 1, amending Section 3(f) of the Charter of the City of Miami to provide for a prohibition upon the leasing or the making of management. contracts for any City waterfront property with private firms or persons with the exception of the City of Miami/University of Miatni James L. Knight Internationl Center and Hotel facility. Including the improvements thereon which leases and contracts would prevent public access to the water or which would prevent public use of such waterfront property or which would not result in a fair return to the City based on 2 independent appraisals; or which would permit use of such property not authorized under the then existing Master Plan of the City of Miami unless such leases or contracts be subject to competitive bid or competitive negotiations. Said Charter amendment also prohibiting extension or modification of any existing such lease or management agreement that does not comply with each of the above requirements unless such proposed extension or modification has first been approved by a majority of the voters of the City of Miami. I so move. Mr. Lacasa: Second. Now, mr, Mayor, under discussion. Mr. Knox, on the wording of this proposed amendment, item double i, under a it says, under terms and conditions which prevent public access to the water or public use of such property. My question is, if there is a facility leased to a private enterprise and that private enterprise charges the public for access to their facilities, would that be constured as prohibited by this wording? That seems to be the interpretation of Mr. 1st Mr. Knox: The language indicates open to the public and again documents are to be construed literally. So again, if public in this context will be defined as not private and denying access to individuals. So that there the literal interpretation that if a fee is imposed but the public generally is invited to the facility then that facility is opened to the public. Mrs. Gordon: Well, shouldn't that include the word free in there? Prior to the word public. Mayor Ferre: We're talking about the lease. This is amerldment number 1. Mrs. Gordon: That's correct. Where the word is prevents public use, it should say free. Idayor Ferre: No, because I think Dan Paul had a proper point. And that is, we may, for example, if we have a walkway or a park or something eventually we may have to charge admission to a park. So, you know, I don't think we should limit ourselves in the Charter to that extent. Now, ladies and gentlemen, in case you're not following what we are doing here, we are on the lease amendment. It has nothing to do with the private property portion. This is strictly to do with City of Miami owned property. And what we are saying is there are 4 requirments. One is public access for public use. Two is a public bid process for public negotiatons. Three is establishing proper value through two appraisals and the fourth is what? Mr. Fosmoen: Competitive negotiations. 198 JUL 2 3 197.1 Mayor, Ferre: No, we already have that. Fosmoen:. Master., Plan. • Mayor Ferre:- Master Plan. 0.k. And_ what' it says, it.exemptsthe JamesL Knight Convention Center and it imposes on every other City. of, Miami, property and 1 think this meets the main requirements. of the type- of concerns that those that have been our critics have expressed in the past. Mrs. Gordon: The ambiguity that you said was existing, has that been corrected? Mr. Knox:; We -corrected that by changing the word unless to... Mayor Ferre Or.,.. Mr. Knox 0r Mayor. Ferre: or'•which. Mr.Knox: 0r which. Mayor Ferre: And theword being to was not. So,now it read "the City of Miami or which such lease or contract was not". Mr. Plummer: Further discussion Mayor Ferre: Call the question. Mrs. Gordon: I have a question to ask you, Mr. Mayor. The questionsis, thatyou called a specialmeeting on Friday. : Iwas notified in the morning. I asked what is the meeting going to beabout and no one would inform me, other than to say thatit was going to take up amendments without saying what they wer,. Threedays before. that date, .you met with a member of, the Waterfront Board and thoroughly discussed vhat you were going to, be doing. How is it that you felt you could discuss it with a Waterfront Board member and not furnish to this Commission, and particularly me, what you were intending to bring up that _afternoon.: I don't think that:. that's a reasonat,le thing for you to have done as the Mayor. Mayor Ferre: Oh, I -guess that expresses .itself.: ..particularly you? I guess that Mrs. Gordon: Since you are giving me all the credit for evervthing else, I'd like to know why you are taking this thing totally inyour own hands without even being fairminded about it And distributing the information so thatwe may become acquainted with it. Just like tonight, this thing was handed to us a few _`-,minutes :'ago. ;: I don't know when you received yours. I'm assuming you got it when I got it: Mayor Ferre: Idid. Mrs: Cordon:':But...but on -the -other hand,; this is: not a very honorable:" way to-Ao 'business". Mr. Plummer: Further discussion? Mr. Fosmoen: Mayor Ferre: Mr Mayor? Yes. Mr. Fosmoen: 0n the ordinance, orthe proposed amendment number 1I: must express some concern on the potential iinpact on Watson Island:. Mayor Ferre: I understand. Mr Fosmoen If there..if it is legitimate to exclude because of bonding considerations, the.James -L. Knight Center, then it is reasonable since 1st 199 JUL 231973 • earlier today you passed an indenture without this on the Watson Island project.We mutt now go back and see what impact this has on that indenture. Mayor Ferre: Look, let me express this to you. There isn't anybody in this community that wants the James L. Knight Center and the Watson Island project, and the World Trade Center more than I do, There isn't anybody. I would not be doing any of this if I thought that any of these projects would be jeopardized. I think that we are putting in are 4 ba.sic siinple constraints. And I think that Watson Island has got to live within those 4 constraints. And if it can't live within those 4 constraints, then we shouldn't have Watson Island. And it's just that simple. There is no reason why it should not be accessable to the public. There is no • reason why it shouldn't fit the Master Plan. There is no reason why it can't fit the competitive bid and competitive negotiation requirement. And, there is no reason why, whatever it is that the 4th one was. Mr. Fosmoen: Independent of fair return based on 2 appraisals. Mayor Ferre: Fair return on...and there is no reason why why the management contract cannot get 2 appraisals that say that what we are about to do is reasonable and businesslike.There is nothing wrong with that. And I. Mrs. Gordon: Well, the fair return Maurice is going kill the Watson... becasue there is no fair return going to come from Watson Island. Nayor Ferre: Well, then I think that has to be interpreted in an appropriate way. Because a fair return means a fair return to the City. And I think that there is a fair return to the City. And that we can get...obviously, or how else are we going to sell the bonds. Isn't that a statement of opinion, in and of and by itself? If you get somebody like...Mr. Paul? If Blythe, Eastman, Dill.on and this other Wall Street firm say that they can sell $35,000,000 worth of bonds, isn't on this... isn't that in itself a statement that this is a doable business deal. Now, the only thing we've got left to do is to define whether or not it is reasonabld return to the City. That's all. And there is no reason why that can't be done. So, I will not acce...I personally will not vote to except Watson Island. Mr. Plummer: Further discussion? Call the roll.. • • • • - • : • ,...• • .-•. •-• -„ • , „ THEREUPON THE FOREGOING MOTION was(designated MOTION NO. 79-556) was introduced by Nayor Ferre and seconded by Commissioner Lacasa •• was passed and adOptediY'by'. the foliowing vote: Nayor Maurice A. Ferre :(Rev.) • Theodore.-. R. '1•• • • . •:*Commis s lone r Rose Gordon •YCOtrimissioner Armando Lacasa .i.,..Vice-i,layor.J. L .. 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' •.-. -. .._ .... , . ,,. , , ' ' --. • • .."-.....-. ,,-,...,....:..,,,.....,:.. :'..'-.. - -_, ,..,..,..,'...;., , , . • -,-..,---",;.---.:-•.",....,,,.':•:-..!--,...,;:.:.,':-,::::.....,.:,'.:,:,..'•.-::::,.-,....,:.:.:.......:-:.-,s.'..-,,....-..-.:...:....: . _ ---.•-... ,...,..,..., ....,... , , , - -- `-' • :--..',.;,....-.. -..-••-: -.-.:•-......---...-..--..—,-„-, _,•,....:,:,.:,-..,,...-.,-..,,,:..,-.....,-,,;,...,, . - ' • .. '-'.' -......-,..-., -----..-. „..........,....... - '- • • • •• --, - -....-. -.. „.., . ist COMMENTS ON THE ROLL CALL: *Mrs'Gordon: .'I just want to remind everybody that the Septetubei the l8th election is a special election called for; the'purposesof.the:tax !tillage roll back. That everybody in this room should.be' interested in: seeing to:. it that that is defeated. and `that "every bit of effort" that' any person has and every bit of time that they have to devote should be spent in -trying to defeat that amendment And I'" feel .` that this :issue 'that, we're placing on the same ballot` is goingto detract from the .effort that people are going to put forth to killthe tax amendment. `'.I'm going to be ~working to kill that tax amendment. I don't knowhow muchtime, if any, I'll have,'. . for anything else but I'll be working at that constantly I'll vote with this because I believe in protecting=the; waterfront to some degree: ..-This doesn't do much. I really would like it to be much, inore protective of the public land to keep it in the public. handsAnd to keep our heritage for our children and their childrens children. But if this is. the best I can, get `from _this Commission on the public, land protection, I guess that's all 1 can have Mayor Ferre: Allright, Mr. Plummer. �I now move you, .sir, a resolution;. settingforth a proposed Charter amendment..., (INAUDIBLE COMMENT OFF THE RECORD), Mayor_ Ferre:., Oh, I beg your pardon. Mr Plummer:; You have no objections, I hope, if;I vote. I mean,,.. Father Gibson and 1 could have stayed home and watched T.V.tonight. Mr. Mayor, 'I,,of course, vote yes with the proviso that I don'twant. anyone here leaving, on either one of these amendinents, without reminding. youthat this Commission: standson record that any and all changes can bemade on these amendments up to August the 3rd. '_So, .I` don't want anybody to think when you go away frorn here tonight' that_, you are,not going' to have, the privilege of maybe sitting here till 2 or 3'o'clock again, before the 3rd of August. I say.; that, in jest But,` I.: do.want- to be noted for the record that we do have up to that deadline tomake any changes, cotrections, amendments, that we, wish as Commissioners, with the majority voting for. On this particular issue before uS',-I''vote'yes. Mayor Ferre: Mr. Knox, for the record again. It is your legal -"opinion that we, by placing this matter generally on the ballot,. on' Friday, can amendmentit until Joyce Dieffenderfer tells. us that=it is .than: it's got to go to the printer. Is that correct? ;'Which - is ..which'is':.45 "days;_ before September'18th, according 10 what she told me. Mr. Knox: Yes,: sir: Mr: Plummer: Just for the record, letme put it on the record." �Mr. I had askedaquestion of your Department previously and was told Auust the 3rd was the deadline. Mr. Knox: Yes, sir. Mr. Plummer: It wasn't a date I' pulled out of the air. Mayor Ferree.All right, now.:.I move you, sir, a resolution;,setting,: forth a proposed Charter amendment amending Section 3 .(4).of` the Charter. of the;City of Miami,; known as..Char.ter Amendment number.2 to provide for occupancy limitations. upon<property located on Biscayne Bay.. Mrs.' Gordon: explain what Mayor'Ferre: 1st. What do you mean by occupancy limitations? occupancy limitation is? 201 upon property located on Biscayne Bay or upon the Miami River from its mouth to N. W. 5th Street bridge in order to preserve the City's natural scenic beauty; to guarantee" open"spaces and'to`protect thewaterfront'by'imposing minimum.; front and side setback requirements subject to waiver upon certain conditions and further subject to certain exceptions. I so move as it's before us at the present time. Mks. Gordon: Will someone explain... Mr. _,.Plummer: .,+,Wait a:minute; Rose. There's a motion there a second? Mr. Lacasa: I second it. Mr. --Plummer: .Motion is now seconded. Mrs. Gordon. you are. recognized. Mrs. Gordon: '" Will someone explain how the occupancy limitation clause is being referred to here is golng to be applied? on the floor. Is '.. Plummer: Will the maker of the motion like to explain. Mayor Ferre: Will the writer of the motion explain. Mr. Plummer: Who he be? Mayor Ferre: Mr. Knox or Mrs. Gordon: Don't, tell me nobody knows what it means.:"- Mayor Ferre: Well, who, wrote the title of this... this is a legal, document..>:Iwould imagine the Law Department wrote it. Mrs. Gordon: Dan, did you? .Paul: , I didn't, write, the title. I. wrote, the, amendment. Mrs.Gordon: Is there anything inthe amendment that repeats occupancy limitations so that we can know what we are talking about.. Mr. Paul: I think occupancy is the wrong word. Mrs. Gordon: I know it is. That's why...I told you gentlemen that you're acting in haste.', And haste makes waste. And that's what you are doing tonight. You should be doing this tomorrow with a clear head so you know exactly what you are handling. Occupancy limitations could very well be people in the property and not the size of the building. Mayor Ferre: Well let me ask you a question, Mrs. Gordon. You're going around pushing a petition which has been drafted and redrafted 5 or 6` different times. And that isn't in haste? Mrs. Gordon: I'm -sorry, you're telling a 11.e. , Now, that's on. Mr. ";Plummer: I think thehour not telling the truth,in fact, you the record.You have 'told a lie. is getting late... Mayor :`Ferrer .Now..,.you are not, pushing a petition? re Mrs. Gordon:. I have not pushed a petition that has been drafted and redrafted", 5 times or anything else like that. Mayor Ferre: I'll show you 3 drafts of it. Mrs. Gordon: I'm sorry you have lied Mr. Mayor because... Mayor Ferre: I'll show it to you on the record right here. Mr. Plummer: Mrs. Gordon May,the Chair request that... The original draft .of the public... ist 202 JUL 2 3 13; 4 Mr. Plummer: '-Anyone wishing--to.speak-be recognized. Mrs. -Gordon: May"or, they original.draft. Mr. Plummier'. "No. Mr. Vice -Mayor will recognize Mrs. Gordon and: when you're completed I would ask you to so',indicated. .Mrs. Gordan: I want...the Mayor to confirm his statement. Mr. Plummer: Are you completed'? Mrs. Gordon: Yes. Mayor Ferre: Ani I recognized? Mr. Plummer: If you.. wish. Mayor Ferre: Yep. The original "Protect Our Waterfront" amendment saving, the public land as presented at Tiger. Bay... Mrs Is that. . Gordon: Mayor Ferre: On the 22nd of June;is different from this... Mrs. Gordon: Only the... Mayor Ferre: Contract that is being circulated around this town period. Mrs. Gordon: It is not. It's exactly the same,; r. Mayor Plummer:' Mrs. Gordon, please. Please, please, please.... Mrs. Gordon: I' don't, like people, to tell alie. Mr. Plummert. Lets run::it...O.k. Rose ,you .have every _right :to"say what -you _want,but- damn it ` I_ can't listen .to 2". of :,you Now, Mr. Gordon.„:..-;. Mr. Gordon.. ..(LAUGHTER) Mr:. May,or would`"you please"conclude your statement -,-`and' indicate when`"yOu'reconcluded.' Mayor;Ferre:;°,. As I was saying:before I was.interrupted, the:amendment t':at.was presented „before the:"Tiger:.::Bay is different.froin the "Protect:, Our Waterfront." amendment.: And there. is'absolutely no`doubt about -it.: -and h,will submit it into:the: record. Mrs. Gordon:' All right, now I will tell you how wrong you are Mr. Plummer: Are you concluded Mr. .Mayor? Mrs. Gordon. Mrs. Gordon:. Theamendment is exactly the saine. It was retyped long ways on the sheet instead of upin the, short direction. Now the words. are exactly the same. The conunas, the periods. Everything is identical. _-And :Mr. :Mayor, `.I -would appreciate it, and I'm .sure.thepublic would, that in the months' ahead no utter what might happen, that we stick to the truth. You stick to the truth. Mayor Ferre: The. ..the.'.statement. Mr. Plummer: Now, Mr. Mayor, please. Mrs. Gordon conclude your statement. Mrs. Gordon: I concludedmy'statement with aplea for honesty. Mr.:P1"µmmer': Mr. Mayor. Mayor:-Ferre: Into the record, this is the 'statement that was passed out at' Tiger Bay., Amendment'number'i2.' ":Anything'inthis Charter or the ordinance, of the City of Niami to.the''contrary, notwithstanding, until such: time as the City has proposed and passed standards governing such 1easing'and contracting which "have been approved by the City of Miami, 203 ist JUL 3 1979 the City shall not lease -to -or contract with private persons for the use or management fora period in excess of 3 years of any of the City's Property ; along Biscayne Bay, Government Cut, the Miami River or Rickenbacker Causeway or, any Watson...or on Watson Island or Virginia Key. without first submitting such. "lease"or contract to the voters of the, City for approval or rejection., And any such existing lease: or contracts shall not be modified orextended by the City without first submitting such modification or extension to the voters of the City of Miami for approval or rejection." That was the first draft... Mrs. Gordon:' And it's exactly the same in the second one. And the second draft reads the same. That is correct..; Mayor Ferre: And Mrs. Gordon: Allright, now the Mayor has admitted that he has told a lie. Mayor Ferre: And the..and the draft that is presently circulated is twice as long. So, on the face of it... Mrs. Gordon: It's; only, laid out differently, on the you can read _yyou 'll see it. page, Mayor. If Mayor"Ferre: It's...it`starts"out...may I finish? It starts out "the undersigned,' duly qualified electors" and so on. "Effective immediately upon this adoption: by a" majority`of,the electors`` voting on this"proposed amendment,"the;Charterof.:'theCity,of Miami shall be" amended as follows ,: Anythinginthis Charter or the ordinances of the City of :Miami to the contrary, notwithstanding,,until such time as the; C::ty has proposed standards governing such leases and contracting which have been approved`; by the voters of the City of Miami, the City shall not lease ,con or:tractwithth e private. persons" and so on so forth... "Virginia Key without first° submitting` such leases or contract to the voters. of .the City; for approvalor'rejection in such existing lease or'contract shall not be modified" and` so on to the word rejection. In.the first ;place, there was no mention in this item of some of`the. of the...lets- see:Rickenbacker Causeway, well anyway, the record reflects...look'Rose. I've got it -'here and you've got it there andas far"asI'm concerned,the statement still stays.. Mr. Plummer: Mr. Lacasa is recognized. Mrs. Gordon: All right, we understandYonnature, "Mr. Mayor." Mr. Lacasa:. We have a motion... notion which has been seconded. I would like to. Mayor Ferre: No change. have been. recognized. We have a Vow before we go and vote on this Mr Lacasa: I"would like to ask the people .that are here that have "a vested interest in on -going projects,if this wording completely, in their views, satisfies their requirenents? Mayor. Ferre: For'the record,: state your name. Mr,..Alvah;Chapman: Does the amendment...My name is Alvah Chapman, Chairman of the New World Center Action Committee. And my question is,is the amendment before the Commission now being considered, does it include the paragraph on page 3, that starts out "nothing herein contained shall in any manner affect or apply to the City of Miami/ University of Miami James L. Knight International Center and Hotel facility including all improvements thereon. Or the lands and projects which the City Commission has approved prior to September 18th,_ 1979? Does it include that entire paragraph? Mayor Ferre: Mr. :Chapman let me answer that in the affirmative. Let me answer that in ;the affirmative. But let me also tell you that I'"m doing this and I'don't want anybody confused...I don't want anybody 204 Ist JUL 2 3 197% t confused on this. It is my intention to offer an amendment to that to exclude that.- But, I'm going to pass it this way first in the hopes ; we`'ll-; get sufficient votes and then I will try -to change that Now... o, the answer .to your,question is that themotion"does contain all of the language '"as is written which excludes the James L. Knight Center and projects which` the City Commission=has, approved prior. to September 18th, 79 by=development order<pursuant to.Chapter'380 and So On"so forth: ..O.k,.? Mrs.; Gordon: That is the motion that we;passed"on Friday to protect those .properties, that: you're...presently been permitted The Mayor is the.- ' only one that didn't vote, for'it. You remember that. s Mr. Alvah Chapman: That's exactly right. Thatwas passed by a 4- vote of this Commission.. Last Friday with the. Mayor voting against i As long as that itemis yin there then the moratorium concernsof our committee are satisfied by the action of this Commission. Mrs. Gordon: Right, that would have presenteda moratorium and the Mayor .wanted you to have a moratorium. Mayor Ferre: Thatis not true, Rose Gordon.. Mrs, Gordon: Now, ,on occupancy limitations I think that should be changed o something that really is in this amendment, and that,would be setback. 'r striction. So, therefore... Mayor Ferre: Limitations...setback,limitations. Mrs. Gordon: Therefore, the word occupancy should be removed and should be inserted. Mayor Ferrer I'accept that as a change. Does the seconder of the motion acceptthat? Mr. Lacasa: Yes... Mayor. Ferre: Irstead of occupancy insert theword setback. setback Mr. Lacasa: YeS I do. Now, -question again. Mr. Chapmanhasspoken of his interest. Anyone else having a concern about being;: excluded in this wording.; Mr. Rollo Mr. Plummer: State the name...state,your name, Mr..Tibor Rollo: Tibor Hollo, 444 Birckell Avenue. comply.. Mayor Ferre: What, what do you need Mr. all of the projeets, including yours?'. for the record. • it does not Rollo so that it satisfies Mr. Hollo: My project was not adopted_by this Commission ruling so stated in that...in.the ordinance. Mayor Ferre:, That's not my your project is included? under the question to you. What do you need so that Mr. Hollo: I need that the prior approval given Project should bc reaffirmed by this amendment. the. Plaza Venetia Mayor Ferre: Well, Mr. Hollo can You or your attorney figure out wording; so that we don't put the specific name of the project, but in general so that you are, included. M Hollo: I shall so submit it to y.ou.tomorrow morning. Mr. Plummer: Any further discussion? Mayor Ferre: All right, let me, let me say that I will commit myself` to include that, so that this passes that way. I want to tell you again so that. there is no question that it is my intention to exclude 205 1st JUL 231979 that whole paragraph. in a moment. Including yours. But, if;it passes and if I'm not successful, I will -commit myself to include the wording that will specifically speak to your property. O.k. Mr. Rollo: Thank you. Mr.; Lacasa: Now, I... Mrs. Gordon: ` The... Mr. Lacasa: °I'm still...I still have the floor. Mr. Plummer: Mr. Lacasa is still recognized. Mr. Lacasa: Anyone else? Does...Mr. Traurig, does Claughton Island feel protected by this wording? It does. Anyone else? Mr. Rice. Mr. John Rice: I'm John Rice. I would like a question about this last paragraph at the bottom of page 2. Does the Commission construe the statementthat these setback require -gents maybe modified in the event that we build a project on Brickell Avenue, in the area that I talked to earlier. Which would preserve trees, for instance. One of the things that ... Mayor Ferre: Mr. Rice, I think, I think that's been answered to the affirmative. You have within the purview of this, the Commission after design and site plan review and public hearings, only if it is determined that the modifications requested provide public benefits. Then, under those conditions, comparable benefits which promote a better urban enviornment and public advantage or which preserve natural features, such as trees. The answer is in the affirmative. Mr. Lacasa: O.k. I'm ready to vote. Mr. Plummer: All right, Rose. Mrs. Gordon: There, there was an addition that are we including it or not... Mayor Ferre: No, I'm;not, the motion Mrs. Gordon: on page 3. was mentioned. Now, Mayor Ferre: The motion does notinclude any changes at all at this time. Mrs. Gordon::.. I'm not sure who gave it. I` think Mr. Fosmoen. After the. word waterfront industrial uses. The inclusion "public and private, facilities on it's own...on City owned;, property". Is; that to be in it or not in it. Mayor Ferre:. No, that is not in it. I will...that is my next motion of...after this passes. Mrs. Gordon: Did you give us that Mr. Fosmoen, before? Mrs. Fosmoen: No, Mr. Paul gave it to you. Mr. Paul: No, I did. Mayor Ferre: N0, Mr. Paul did. Mrs. Gordon: ou did? O.k. Well... Mayor Ferre: As a substitute tothe last paragraph Mrs. Gordon: No, s that a substitute? Mr. Paul: It's a substitute for the last paragraph. ist 206 J U 12 S it" Father. Gibson:. I'tn sure everybody realizes that I have consistently, been opposed to u putting this matter on the•agenda. I think that'"s why • the people • elected me. And, Intrust now' as then,• : they think I' have. .good judgment. Only because the people who are involved have indicated their willingness to go along with: this.,language,'I'm..I'm voting... ''developer -there Father Gibson: Mr. Hollo, I..I think that what theyought to do is" put`in this la • nguageright now, projects, that have already been.approved. Which would take. care of'yours. Put that language in there as well. I, -have very little faith about later on. I want to get it.in there.," now and they .. as long as... I'll ,tell you one thing, I'd go hot"ne 'and. won't sleep tonight. I'll be back here in the morning with that,wording. Since,we,are goingto meet in a special, meeting..no,.-no I'm sorry. Plummer,', please, forgive me.,,Since,we are going to meet later on this morning, you come back here later on this morning and bring those. words. -.that word. I'm willing to vote for...Mr. Chapman for the record You, say you are protected? Mr. Fine you said you're protected? Sir, counsel,' you. sayyou are protected. Where's thatother...you say you are protected. Mr. Hollo, yousatisfied you're protected.- All right, I'm ready to vote Mr. Plumrner Well now,wait a minute. Lets understand. Father Gibson: Look, the public asked me. 1 want to answer Mr. Paul. Mr. Paul, you, know youu_and -I are all right. We're friends. We've. been ,friends_a,long time. But you know what I resent. I resent that you let me get burned before the public, by offering to the public my record. And you haven't offered. And you know what, you have more influence on the .Comnmmission than I` -have. And I resentthat. I resent that. Now,;,I have no objection to you offering yourself for public office. Absolutely not. I='want -.you ;to do the saine thing I did. I -got the burn. I, read the pass, 1 hope you do it. And notice, you aren't, offering yourself but all of us offered. Man, you come down and you badger us to death. And everybody runs scared. h want to serve notice "tonight ;I'f .I could live through the civil rights days, I ain't about to get scared now. Mayor Ferre: Call the question. Mr. Plummer: Well, 'let,, me...let meask a question for clarification. It ismy-.understanding without the addition or the amendment in the wording relating to private and public, that these people are not, covered. Mayor Ferre: They are protected in the last paragraph, amply. Now, If we pass it that way, that is the extreme to the one side. _And. I'm going to try to climb the ladder up the other way ansec how far I_et. Now d g , I call the question. ,, Mr. Plummer: The question has been called. Call the roll. 207 Hit ist THEREUPON THE FOREGOING MOTION was (designated MOTION NO. 79-557) introduced by Mayor Ferre andseconded by Commissioner Lacasa Was passed and adopted by the following vote: Commissioner (Rev.) Theodore'R. Gibson *Commi.ssioner Rose Gordon Commissioner Armando Lacasa **Vice -Mayor J. L. Plummer, Jr. NOES: ***Mayor Maurice A. Ferre ABSENT: None COMMENTS ON THE ABOVE: ***Mayor Ferre: Yes. No, I voteno. 1 voteno. Tobecons1stent„.,,"., with theiWay,'I voted before It was 471,'j Wasn't, it.: " *Mrs Gordon 1 feel this '-is 'a :reasonable approach to it I In,'coneerned that this is not going to be :passed :On the:. ballot . But at: least with the way At .s written, it :has a: fighting chance 1111 go With the motion,: 'clef inetly becatige, it the Only way ' it has any :hope.at all **Mr. Plummer: Mr. Fine, this language covers... (INAUDIBLE COMMENT OFF THE REGARD) Mr. Plutmner: Not you, not you. Us. Unidentified Speaker: The last underline paragraph on page 3 (REST OF STATEMENT INAUDIBLE) Mr. Plummer: It covers us, the City. Mr. Plummer: 1 vote yes. (LATER FORMALIZED RESOLUTION NO. 79-564) Mayor Ferre: All right, now I move you, sir. That 1.n.the page 3, the second paragraph from the top after the third line, after the word uses that we add and public and private facilities on City owned properties. I so move. Mr. Lacasa: Second. Mr. Plummer: Now, let me understand this is a substitute motion? Mayor Ferre: Sir, all I am doing is on the motion that previously passed I am offering a...an addition and that is to include and public - and private facilities on City owned property. Mrs. Gordon: Well this is the what's the purpose of it. You-'Ve already covered all that.' Mr. Plummer: Parlimentary procedure, Mr. Knox. - - Mayor Ferro: I've got a right to offer an atnendment. Mr. Plummer: All right, but it is an amendment? Mayor Ferre: Yes. Mr. Plummer: After the other motion has been voted on. 208 JUL 2 3 ign Mrs. Gordon: What' the purpose of it? Mr. Plummer: After the other motion has been voted on? Mayor Ferre: The purpose of it is that the next motion I'm going to make is to eliminate the last paragraph and I can't leave tis naked if we eliminate the next paragraph. Am I. doing it right, Marty? Is that (COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: 0.k. I so move and it's been seconded. Mr. Plummer: Call the roll, Excuse me., Mr. Traurig, do, you want to say something? Mr. Traurig:. I guess I haven't right, to, the public hearing is ,closed but I „wanted to speak against the Mayor's motion to delete the last Mr. s Lacaa:: No,.:: it's not...it's-not now. , . • , • 3 „ .. , ,— . - , „ . „•33 ,„ MayorFerre; :" All .T'm:"doing,Bob,-,is adding the words in public and private facilities on ' City owned properties .' - That: further protects the Knight - Mr. Traurig: Yes, sir. I` thi.nk I'm prepared, 'if you'll give me an opportunity to speak on the next motion you intend to make, sir. Mayor Ferre: Well, that's different. Father GibSon:, ,Let me...let me again:,you men whoare before Us. -RemeMber I contended -before thatprotects you? Mrs Gordon That doesn't do anything..: - Father Gibson: Yes,sir. If I'tn going to vote you are going to respond. Mr. Plummer : I guarantee you at this time we aren't , going' to preclude Mr. Alvah Chapman: Well, my name is Alvah Chapinan, Chairman of the New World Center Action Committee. As I understand, the Mayor's addition of this phrase, it is redundant to the basic resoUltion that was passed previouslY. Serves no purpose, other than to give double protection to the City of Miami Convention Center which has already been -amply protected in the resolution previously passed. In my view. Mayor Ferre:. My intention, so that nobody misunderstands, is that once this is inserted, I am then going to move to eliminate the last paragraph. I don't want to eliminate it without having that protection in it., And that's that's the purpose. I don't think I'm going to get the votes on it, but nevertheless, I want to go through the process this way. So, I so move, and it's been seconded. Mr. Plummer : Further discussion? Call the roll. The question was called on the foregoing motion with the following vote showing: AYES: Commissioner Armando Lacasa Mayor Maurice A. Ferre *Commissioner (Rev.) Theodore R. Gibson **Commissioner Rose Gordon NOES: Vice -Mayor J. L. Plurnrner, Jr. ABSENT: None ist 209 JUL 2 3 1979 COMMENTS ON THE FOREGOING: Mrs. Gordon.: Question to the attorney Mr. Knox, the inclusion of this doesn't in any way injure or defeat the last paragraph that's in,there. It just reinforces it Is that correct? Mr. Knox: At thispoint, yes, ma'm: ..but I think the intent that follows it might Mrs. Gordon: .But. e dangerous so... Father Gibsonk. I'm going to vote for it because.the:people affectedsay it"doesn't hurt you. I'll make sure youknow where -I stand. **Mrs.Gordon: -Well, as long as it's not going to delete anything.. o.k. So, we'll let it stay. We'll put it .in. 0.k. It's Mayor Ferre: All right. Now I.:. move you sir, that the last paragraph iri it's entirety be removed. Starting with the word nothing and finishing with the word approval. I so move Father Gibson: .Where is that? Mr. Plummer: Is' there a second. Is there a second. I Motion: dies for the lack of a second. s there a"second? Mayor. Ferre: I now move you, sir, thatthe following: .where is, the motion to put it on the ba11ot Does anybody have that? I' move you the following. (At this point, Mayor Ferre read the resolution into the record). Mrs. Gordon: Correction. Occupancy the wrong word. Put theword setback in there. Mayor Ferre: Substitute the word setback rather than occupancy Mr. Plummer: Is there a second? Mr. Lacasa:., Second. Mr. Plummer?: We; havea second. :_Mayor;Ferre s:,there a -'second., Under discussion now... . Plummer Under discussion. Mayor cover Ferre: Mr. City Attorney, if you would please? Does this us for both of these amendments? . Knox:" Yes, sir. Mayor Ferre: This does, huh. 0.k.' Mr. Plummer: Any further discussion? Hearing none, call the roll. ist 1972 The following resolution was introduced by Mayor Ferre, who` moved its adoption: RESOLUTION NO.79-558 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 18TH DAY OF SEPTEMBER, 1979, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL, A MEASURE KNOWN AS "CHARTER `AMENDMENT -:NO. ,1", AMENDING SECTION 3(f) OF THE CHARTER OF. THE CITY OF MIAMI, FLORIDA, BY PROHIBITING THE LEASING OR MAKING OF MANAGEMENT CONTRACTS FOR ANY CITY WATERFRONT PROPERTY WITH PRIVATE FIRMS OR PERSONS, WITH THE EXCEPTION OF (1) THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER AND HOTEL FACILITY, INCLUDING ALL IMPROVEMENTS' THEREON, (2) ANY PROJECT, THE FINANCING OF WHICH HAS BEEN PROVIDED BY THE AUTHORIZATION OF BONDS TO BE ISSUED BY THE CITY OF MIAMI, WHICH LEASES AND CONTRACTS WOULD PREVENT REASONABLE PUBLIC ACCESS TOTHE WATER OR WHICH WOULD PREVENT PUBLIC USE OF SUCH WATERFRONT PROPERTY, OR WHICH WOULD NOT RESULT IN A FAIR RETURN TO THE CITY BASED ON TWO INDEPENDENT APPRAISALSOR WHICH WOULD PERMIT` USE OF SUCH PROPERTY NOT AUTHORIZED UNDER THE THEN EXISTING MASTER PLAN OF THE CITY OF MIAMI, OR WHICH LEASE OR CONTRACT WAS NOT SUBJECT TO COMPETITIVE BID OR COMPETITIVE NEGOTIATIONS, SAID CHARTER AMENDMENT ALSO PROHIBITING EXTENSION OR MOpIFICATION OF ANY EXISTING SUCH LEASE OR MANAGEMENT AGREEMENTS WHICH, DOES. NOT COMPLY WITH EACH OF THE ABOVE REQUIREMENTS, UNLESS SUCH PROPOSED EXTENSION OR MODIFICATION HAS FIRST BEEN APPROVED BY A MAJORITY OF THE VOTERS OF THE CITY OF MIAMI; AND, A MEASURE KNOWN AS"CHARTER AMENDMENT NO. 2", AMENDING SECTION 3(4) OF THE CHARTER OF THE CITY OF MIAMI BY PROVIDING FOR BUILDING PLACEMENT LIMITATIONS UPON PROPERTY LOCATED ON BISCAYNE BAY OR UPON THE MIAMI RIVER FROM ITS MOUTH TO THE N.W. 5THSTREET BRIDGE, IN ORDER TO PRESERVE THE CITY'S NATURAL SCENIC BEAUTY, TO GUARANTEE OPEN SPACES, AND, TO PROTECT THE WATERFRONT BY IMPOSING MINIMUM FRONT AND SIDE SETVACK REQUIREMENTS, SUBJECT TO WAIVER UNDER CERTAIN CONDITIONS AND FURTHER SUBJECT TO CERTAIN EXCEPTIONS. (Here foliows. 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 bythe.following .vote:. AYES: NOES: None •Commissioner'Armando-Lacasa Mayor Maurice A. Ferre omTnissioner (Rev.) Theodore R. Gibson Commissioner'; Rose. Gordon Vice -Mayor J. L. Plummer, Jr. 1 st JUL 2 3 1979 Mayor Ferre: Ladies and gentlemen,.I would; recommend that we go home.a, this time and'we'll"continue this zoning meeting after the regular meeting tomorrow.; There being no further business to come before the City C on tion made and duly seconded, the meeting was adjourned at 1:2 ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk:. ist ICE A. FE1ItE Mayor ssion, .M. 11 JUL 2 3 1979 ' Al CITE OF MI,MI INDE MEETING DATE: ITEM NO DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 1 2 6 7 1 9 0 11 1 1 2 1 3 4 COMMISSION AGENDA AND CITY CLERK REPORT AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZA- TION KNOWN AS THE SANITATION EMPLOYEES ASSOCI- ATION, INC. AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED LEASE AGREEMENT WITH THE MIAMI OUT- WARD CLUB PROVIDING FOR THE LEASING OF CERTAIN DESCRIBED CITY OWNED PROPERTY ON. WATSON ISLAND FOR A PERIOD OF FIFTEEN YEARS. AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH WISS, JANNEY<ELSTNER AND ASSOCIATES, INC ACCEPTING THE BID OF E-SYTEMS, INC ACCEPTING THE BID OF C.D. NICOLAS FOR THE SALE OF 253 CONFISCATED AND SURPLUS GUNS FOR THE DEPARTMENT OF POLICE AT A TOTAL PRICE OF $15,559.50 AUTHORIZING THE CITY. MANAGER TO ADVERTISE FOR BIDS FOR THE SALE OF SURPLUS FILL MATERIAL ON VIRGINIA KEY ACCEPTING THE PLAT ENTITLED LIGHT KEY TRACT SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI APPOINTING CERTAIN INDIVIDUALS TO THE ADVI SORY COUNCIL OF;'ECONOMIC.DEVELOPMENT CONFIRMING ORDERING RESOLUTION NO. CONFIRMING ORDERING RESOLUTION NO. 79-451 AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR A CAPITAL PROJECT EN- TITLED "BLUE LAGOON PARK ACQUISITION" AUTHORIZING THE CITY MANAGER TO ACCEPT AS FULL PAYMENT FOR PROPERTY DEEDED TO THE STATE OF FLORIDA BY AUTHORITY OF RESOLUTION NO 75-547 AUTHORIZING THE CITY MANAGER TO CAUSE TO BE COMPLETED BY BOND COUNSEL BOND ORDINANCE, TRUST AGREEMENT, VALIDATION PROCEEDINGS, IF NECESSARY, AND OTHER LEGAL INSTRUMENTS R-79-504 0001 79-504 l 16 17 OCUNIENTINDEX CONTINUED 18 19 20 21 22 23 24 25 26 27 2E 4111 DOCUMENT IDENTIFICATION DIRECTING THE CITY MANAGER TO RESERVE AIR - RIGHTS FOR A PEDESTRIAN STRUCTURE TO LINK THE DOWNTOWN CONVENTION CENTER WITH THE WORLD TRADE CENTER OVER S.E. 4TH STREET AS IT WILL BE RELOCATED BY THE PROPOSED PLAT "MIAMI CEN- TER" AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND R. DUELL AND ASSOCIATES. AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $55,000,000 CITY OF MIAMI PUBLIC IMPROVEMENT REVENUE BONDS, SERIES 1979A AND 1979B (WATSON ISLAND PROJECT) . ACCEPTING THE BID OF ANDY FRAIN-FLORIDA, INC AUTHORIZING THE ESTABLISHMENT OF A MOORING AREA AND ASSOCIATED DINGHY DOCK AT DINNER KEY MARINA IN ACCORDANCE WITH ATTACHED PLANS'. PREPARED BY THE CITY ADMINISTRATION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOY- MENT PAST THE AGE OF 72 FOR VIRGINIA LIEBERMAN TYPIST CLERK II, DEPARTMENT OF PO- LICE ACCEPTING THE COMPLETED WORK OF F AND F CONSTRUCTION C., INC. FOR THE WYNWOOD COMMU- NITY DEVELOPMENT PAVING PROJECT -PHASE III - BID A (HIGHWAY) AT A TOTAL COST OF $148,086.82 ACCEPTING THE COMPLETED WORK OF P.N.M. COR- PORATION FOR THE MIAMI DESIGN PLAZA COMMUNI- TY DEVELOPMENT BEAUTIFICATION AT A TOTAL COST OF $83,852.33 ACCEPTING THE COMPLETED WORK PERFORMED BY B.A.C. CONSTRUCTION, INC. AT A TOTAL COST OF $1,316,362.92 ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION AT A TOTAL COST OF $290,011.05. FOR THE ALLAPATTAH N.W. 23 STREET COMMUNITY' DEVELOPMENT PAVING PROJECT -PHASE I ACCEPTING THE COMPLETED WORK PERFORMED BY MELROSE NURSERY, INC. AT A TOTAL COST OF $112,895.00 ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC. AT A TOTAL COST OF $131,366.22 ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION FOR THE CUBAN MEMORIAL PLAZA. AND MEMORIAL BOULEVARD COMMUNITY DEVELOPMENT AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED TO MARGARITA VALDES de D'GIAMPAOLO FOR THE PROPERTY LEGALLY DE- SCRIBED AS THE EAST 10 FEET OF LOT 12. COMMISSION ACTION RETRIEVAL CODE NO. R-79-523 79-523 R-79-538 79-538 OCUMENTINDEX CONTINUED am SSTS ACTION 31 32 33 34 35 36 37 38 39 40 41 42 DOCUMENT AUTHORIZING THE ACCEPTANCE OF A COVENANT TO RUN WITH THE LAND FROM S.O. TEXTILE, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED TO THE DADE COUNTY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A PARCEL. OF LAND WITHIN THE LITTLE HAVANA COMMUNITY CENTER. AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO DEDICATE BY QUIT -CLAIM DEED THE NORTH TEN (10') FEET THEREOF OF LOTS 1 THRU'. 5, BLOCK "K" OF RIVERVIEW ACCEPTING THE BID OF BAMA CONSTRUCTION AUTHORIZING AND DIRECTING THE CITY', MANAGER TO ENTER INTO AN AGREEMENT WITH HAWKINS AND ASSOCIATES, INC AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE NATIONAL ENDOWMENT FOR THE ARTS FOR A PROJECT ENTITLED: "NOGUCHI EARTH SCULP- TURE IN BAYFRONT PARK ACCEPTING THE BID OF FRISA CORPORATION IN THE AMOUNT OF $252,634, THE BASE BID OF THE PRO- POSAL, FOR WESTERN DRAINAGE PROJECT E.-46 ACCEPTING THE BID OF P.N.N. CORPORATION IN THE PROPOSED AMOUNT OF $95,400 FOR EDISON- LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFI- CATION -PHASE I ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $141,500 FOR LITTLE. HAVANA MINI -PARK APPROVING AND AUTHORIZING THE'EXECUTION OF A PROJECT CONTRACT RELATING TO THE HOUSING, PROJECT IN THE CITY OF MIAMI:DESIGNATED`DADE-.` 8-10 (MEDICAL CENTER): APPROVING THE ATTACHED CITY MANAGER'S REPORT WHEREIN HE PROPOSED TO ACQUIRE EXISTING WORKS OF ART EXECUTED BY ARTISTS LOUISE NEVELSON APPROVING THE CITY MANAGER'S ATTACHED REPORT. WHEREIN HE PROPOSES THE SELECTION OF ALBERT BACKS AND JILL CANADY TO BE COMMISSIONED AS THE CITY'S ARTISTS FOR THE EXECUTION OF THREE PAINTINGS EACH. GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 36(2) TO USE PROPERTY LOCATED AT 6605 N.E. MIAMI PLACE APPROVING THE GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT PLAN AND RECOMMENDING APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS, SUBJECT TO CONDITIONS STATED IN THIS RESOLUTION R-79-539 R-79-553 RETRIEVAL CODE NO. 79-539 79-544 9-545 79-546 79-547 79-553 44 • RETRIEVAL CODE NO. 79-555 OCUMENTINDEX CONTINUED v DOCUMENT IDENTIFICATION APPROVING THE EXPANSION OF EXISTING SCHOOL FACILITIES (RANSOM EVERGLADES SCHOOL) CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 18TH DAY OF SEPTEM- BER, 1979 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL, A MEASURE KNOWN AS "CHARTER AMENDMENT NO. 1" el .0 olt‘S"I ACTION R-79-555 R-79-558