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HomeMy WebLinkAboutCC 1979-06-04 MinutesCITY OF MIAMI COMMISSION MINUTES \ ETORIBek ITEMNO, SUBJECT itRDINANCE OR SOUJT1ON PAGE NO. MO 2 3 5 11-A 11-B 11-C 'PRESENTATION TO "SOUTH FLORIDA YOUTH , ASSOCIATION" PRESENTATION BY DR. OTTO GUTIERREZ BOLIVAR AND JAVIER GARCIA DE JARANO, REPRESENTATIVES OF SISTER CITY BOGOTA, COLOMBIA PRESENTATION CHANGE DATES OF CITY COMMISSION MEETINGS PREVIOUSLY SCHEDULED FOR JUNE 28 AND JULY 12 DISCUSSION PRESENTATION SECOND READING ORDINANCE: AMEND SEC.1 OF ORDINANCE 8719 (SUMMARY GRANT APPROPRIATIONS ORDINANCE) -ESTABLISH NEW TRUST & AGENCY FUND ENTITLED "COMMUNITY DEVELOPMENT BLOCK GRANT FUND (5TH YEAR) ORD.8943 APPLICATION BY THE CITY OF MIAMI TO THE STATE OF FLORIDA DEPARTMENT OF ENVIROMENTAL REGULATION - FOR RECONSTRUCTION OF THE BULKHEAD ALONG SOUTH BAYSHORE DRIVE, ETC. R-79-401 APPOINTING 5 INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI HEALTH FACILITIES AUTHORITY R-79-402 AUTHORIZE MANAGER TO ENTER INTO AGREEMENT: FLORIDA STATE DEPARTMENT OF TRANSPORTATION (SUBJECT TO CERTAIN CONDITIONS) FOR EXCHANGE OF PROPERTY FOR THE RELOCATION OF S.E. 4TH STREET R-79-403 AUTHORIZE CITY MANAGER TO RECEIVE BIDS: STRUCTURAL STEEL WORK FOR CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT R 9 404 DISCUSSION: UPDATED REPORT ON FINANCIAL PLAN FOR CONFERENCE CENTER PROJECT DISCUSSION APPROVE IN PRINCIPLE BASIC PROVISIONS BETWEEN THE CITY OF MIAMI AND THE WORLD TRADE CENTER DEVELOPER FOR USE OF "AIR RIGHTS OVER THE PROPOSED CONFERENCE CENTER PARKING STRUCTURE." 004-79-405 (OM-79-406 (OM-79-407 APPROVE REVISED AGREEMENT FOR DEVELOPMENT OF WATSON ISLAND FOLLOWING CONSULTATION WITH I.R.S. AND APPROVING QTHER MATTERS PERTAINING TO THIS DEVELOPMENT AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN THE CITY AND DIPLOMAT WORLD ENTERPRISES, LTD., DATED NOVEMBER 11, 1977 IN ACCORDANCE WITH TERMS OF AMENDATORY AGREEMENT AUTHORIZE CITY MANAGER TO EXECUTE INVESTMENT BANKING AGREEMENT W/ PRESCOTT, BALL, TURBEN & W/ BLYTH EASTMAN DILLON & CO. INC. FOR THE SALE AND ISSUANCE OF $55,000,000 IN REVENUE BONDS TO FINANCE "WATSON ISLAND PROJECT". R-79-411 RESOLUTION CONFIRMING INTENTION TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CITY'S COMMITMENT TO CONSTRUCTION & OPERATION OF THE "WATSON ISLAND PROJECT", ETC. R-79-412 M-79-408 M-79-409 R-79-410 1 2 3 5 7-8 8-25 25-45 46 47 47 PAGE #2 ITEM NO. SUBJECT p�ESINANCE ROLUTION�t o, PAGE NO. 11-D 12 13 15 APPROVE AGREEMENT BETWEEN THE CITY AND:FIRM OF ECONOMICS RESEARCH ASSOCIATES, TO PREPARE POLICY MANUAL AND REVISE ITS FEASIBILITY STUDY OF APRIL 1978 FOR THE "WATSON ISLAND PROJECT" AUTHORIZE FINAL PAYMENT OF $4,034.03 TO MICHAEL E. ANDERSON, ESQ. AND JOHN R. FARRELL, ESQ. FOR` 'PROFESSIONAL SERVICES BY REPRESENTING THE CITY IN THE COCONUT GROVE PROPERTIES, INC. ET. AL. V. CITY OF MIAMI, FLORIDA-SUPREME COURT OF FLA.- CASE NO. 54,557 RESCHEDULE CITY COMMISSION MEETINGS FOR THE MONTH;, OF DUNE 1979 RESCHEDULE CITY COMMISSION 'MEETINGS FOR THE MONTHOF JULY 1979' POLICE'COMMUNITY RELATIONS -SOLUTION TO THE SO CALLED "INTERNAL REVIEW PROCESS" R-79-413 48 48 49 49-50 50 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI,;FLORIDA * * * * * * * * On the 4th day of June 1979, the City Commission of Miami','Florida at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 10:00 A.M., by Mayor Ferre following members of the Commission found to be present: ABSENT: ALSO PRESENT "ERE: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Vice Mayor J.' L. Plummer, 'Jr.. Mayor Maurice A. Ferre Joseph R. Grassie„ City; Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk with the An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegience to the flag. 1. PRESENTATION TO "SOUTH FLORIDA YOUTH ASSOCIATION." Mayor Ferre: step foward. MAYOR FERRE READS TEXT OF THE PRESENTATION MADE TO THE "SOUTH FLORIDA YOUTH ASSOCIATION." MR. DWORKIN, CHAIRMAN OF THE ASSOCIATION, MAKES BRIEF STATEMENT. I see Allan Dworkin is here. I'd like to ask if Allan would ER 1(A) PRESENTATION BY DR.OTTO GARCIA DE JGARAtiO, REPRESENTATIVESUTILRREZ BOLIVAR and JOFISISTER CITY BOGOTA, COLOMBIA. PRESENTATION TO THE CITY COMMISSION OF THE NATIONAL FLAG OF COLOMBIA, SUCH PRESENTATION WAS MADE BY MESSRS. OTTO GUTIERREZ BOLIVAR AND JAVIER GARCIA DE JARANO. (COMMISSIONER ROSE GORDON ENTERS THE mh SUN 4 1979 2. CHANGE DATES OF CITY COMMISSION MEETINGS PREVIOUSLY SCHEDULED FOR NNE 28 AND July 12. THE CITY COMMISSION, AFTER LENGTHY DISCUSSION, CHANGED THE PREVIOUSLY SCHEDULED MEETING OF June 28 TO TAKE PLACE June 25, at 10:00 A.M., and June 26 (Planning & Zoning portion) AT 6:00 P.M. FURTHER, THE CITY COMMISSION CHANGED THE PREVIOUSLY SCHEDULED MEETING OF JULY 12, 1979 TO TAKE PLACE ON JULY 11, 1979, AT 9:00 A.M.; AND RESCHEDULED THE REGULAR MEETING OF JULY 26, 1979 TO TAKE PLACE ON JULY 23, 1979 AT 10:00 A.M. THEY FURTHER RESCHEDULED THE PLANNING & ZONING PORTION OF THE JULY 26, 1979 MEETING TO TAKE PLACE ON JULY 23, 1979, AT 6:00 P.M. Upon motion duly made by Commissioner Gordon and seconded by Commissioner Plummer, the above changes were unanimously passed and adopted. (THE ABOVE MOTIONS WERE LATER FORMALIZED BY RESOLUTIONS NOS. 79-415 AND 79-416). SECOND READING ORDINANCE: 3. Amend Seed of Ordinance 8719 (Summary Grant Appropriations Ordinance)- Establish New Trust & Agency Fund entitled "Com- munity Development Block Grant Fund (5TH Year) Mayor Ferre: All right, now we are on item 1. Who moved it before Mrs. Gordon: I'll move it. Mayor Ferre: Mrs. Gordon moves, Mr. Lacasa seconds, read the ordinance. (THE CITY ATTORNEY READ THE ORDINANCE INTO. THE PUBLIC RECORD) Mayor Ferre: A11 right, call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "COMMUNITY DEVELOPMENT BLOCK GRANT (FIFTH YEAR)"; AND APPROPRIATING $10,726,000 FOR THE EXECUTION OF SAME, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Gordon, 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: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre (voting cont'd next page) JUN 4 1979 NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8943 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. 4. APPLICATION BY THE CITY OF MIAMI TO THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION - for reconstruction of the bulkhead along South Bayshore Drive, etc. Mayor Ferre: We are now on item No. 2. (MAYOR FERRE REDS TEXT OF PREPARED RESOLUTION INTO THE RECORD) Mr. Plummer: Mr. Mayor, there are some people here who want to speak on that. Mayor Ferre: Are there people who are objectors? This is not a public hearing, I don't think, but I'll be happy.... Mr. Plummer: Well, let me just tell you, Mr. Grimm, their concern is that they have read in the paper where that will be approximately $1,000,000 project. Is that going to be assessable to the landowners of land? And if so, they want to know what it is going to cost them. Mr. Vince Grimm: The answer to your question is "no." That°was created in ,a highway district and the people are already notified as to what their portion'_ of the cost would be, and it would be 25% of half of, the cost of the tight -of - way, and I don't remember what that number is. Mr. Plummer: You are talking about bulkhead. Mr. Grimm: No, that's adjacent to City -owned property. Mr. Plummer: Mr. Grimm: So they will not be paying this bulkhead. True. Mr. Plummer; All right, sir. (BACKGROUND STATEMENT MADE OFF THE PUBLIC RECORD) Mr. Plummer: Butthat's for the acquisition of right-of-way, not the bulkhead. (BACKGROUND RESPONSE MADE OFF THE PUBLIC RECORD) Mr. Plummer: Is $25.00...apartment.' Okay. I think they can afford that. Mayor Ferrer, Mr. Plummer:. Mayor Ferre: Moved by Mr. Plummer call the roll. The following its adoption: All right, is there further discussion I'll move it, Mr. Mayor. on this? seconded. by Lacasa, further discussion, resolution was introduced by Commissioner Plummer who moved RESOLUTION NO. 79-401 A RESOLUTION, PURSUANT TO CHAPTER 253, FLORIDA STATUTES, URGING ISSUANCE OF A PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF ENVIRON- MENTAL REGULATION FOR RECONSTRUCTION OF THE BULKHEAD ALONG SOUTH BAYSHORE DRIVE BETWEEN S.E. 14 STREET AND S.E. 15 ROAD IN THE CITY mh 3 OF MIAMI, FLORIDA. (Here follows body of resolution, omitted in the Office of the City Clerk) Upon being seconded by Commissioner Lacasa adopted by the following vote: AYES: NOES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre None. the resolution was passed anc 5. APPOINTING 5 INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI HEALTH FACILITIES AUTHORITY. Mayor Ferre: Now we have the appointments to the Health Facilities Authority. I see Mr. Rosenberg here, is there anybody else here who wishes to address the Commission? All right, Don. Mr. Don Rosenberg: MR. DON ROSENBERG APPEARED IN CONNECTION WITH THE APPOINTMENT OF INDIVIDUALS TO THE HEALTH FACILITIES AUTHORITY. RECORDING MICROPHONE WAS NOT TURNED ON -SO STATEMENT DID NOT GET INTO THE PUBLIC RECORD. Mrs. Gordon: Don, may I correct a comment? None of those persons are Board members of the ESA. (MR. ROSENBERG'S RESPONSE NOT RECORDED IN THE PUBLIC RECORD) Mrs. Gordon: Well, I don't know specifically who you are referring to, would you be able to tell me?...(RESPONSE NOT RECORDED) What is Maria's connection with the H.S.A. (RESPONSE NOT RECORDED) That's only an honorary, there is no connection to any determining factors that we rule on where this facility would be concerned that an individual member would have any jurisdiction what- soever. The individual members' role is simply to be able to vote annually on those persons who have been nominated for election to the Board and to the officers of the Board, but Maria Hernandez is not a current Board member per se. Mayor Ferre: All right, what's recommended. Mrs. Gordon: I would suggest we proceed to make an individual notninatiOfl, there are five appointments available, five of US. if you=agree,;would like to moninate Maria Hernandez. AFTER SOME DISCUSSION AS TO THE METHODOLOGY IN MAKING THE NOMINATIONS, THE CITY COMMISSION PROCEEDED TO MAKE THE FOLLOWING APPOINTMENTS: Commissioner Gordon nominated: Comm.(Rev.) T. R. Gibson nominated: Commissioner Armando Lacasa nominated: Vice Mayor J.L.Plummer,Jr. nominated: Mayor Maurice A. Ferre nominated: Maria Hernandez T. Willard Fair Modesto Mora Charles Gottlieb William Goldrich. WHEREUPON the above -nominees were incorporated into the prepared resolution. mh !j. Ju% 4 1979 AFTER lengthy discussion, the City Commission agreed that the terms be staggered and the following nominees were selected to serve the following terms: Nominee Modesto Mora T. Willard Fair. William Goldrich Maria Hernandez Charles Gottlieb The following resolution was its adoption: Term 4 years` 4 :,years 3 years 2 years 1 year introduced by Commissioner Plummer,, who moved RESOLUTION NO. 79-402 A RESOLUTION APPOINTING 5 INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY TO SERVE TERMS OF OFFICE VARYING FROM 1 YEAR TO 4 YEARS AND SPECIFYING THAT UPON THE EXPIRATION OF SAID TERMS, FUTURE APPOINTEES BY THE COMMISSION SHALL SERVE TERMS OF 4 YEARS. (Here follows 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: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson'` Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. and on file resolution was passed and. 6. Authorize Manager to FLORIDA STATE DEPARTMENT OF enter into agreement: TRANSPORTATION (subject to certain conditions) for EXCHANGE OF PROPERTY FOR THE RELOCATION OF S.E. 4 Street. Mayor Ferre: We are now on item No. 4. Is there any problem with this item? Does anyone want to move that? Mr. Plummer: Move it. Mr. Lacasa: Mayor Ferre: Mr. Plummer moves it, second by Lacasa, further discussion on item 4, call the roll The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-403 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION AND OTHER APPROPRIATE STATE AGENCIES, SUBJECT TO RATIFICATION AND CONFIRMA- TION BY THE CITY COMMISSION, FOR THE EXCHANGE OF PROPERTY FOR THE RELOCATION OF S.E. 4TH STREET WITHIN THE LIMITS OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER SITE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). (Vote follows): mh JUN 4 1979 (Vote on Res.79-403 coned): Upon being seconded by Commissioner Lacasa adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. .r- 7. Authorize City Manager to .- STRUCTURAL STEEL WORK for City of receive bids: Miami/Univ. of Miami James L. Knigh International Center Project. Mayor Ferre: On item 5, what this will do, as you recall, we discussed this before, it was a question of time and we wanted to be able to award the steel contract and what this does is it says that whoever is the low bidder gets the steel contract. Now, is this acceptable legally, George? Mr. Knox:. Yes, sir, we examined it and there is no legal problem. Mayor Ferre: All right bidders did we have? now, one more question that I have for you, how man Mr. James. Connolly: About 1 and picked those documents.. Mayor Ferre: Mr. Plummer: Connolly. Mr. Connolly:' Yes. Mr. Plummer: Let's discuss it so we understand what both portions of this thing are. Tell us what the second thing is. Mr. Connolly: You are still in item 5? Mr. Plummer: Yes, I see one for the contract for structural steel, thenI see a second contract for shop drawings. Mr. Connolly: The normal procedure is if and when you award the contract it takes six to twelve weeks to prepare the shop drawings and we are trying to save that twelve -week period of time by authorizing the successful bidder to proceed with the shop drawings but limiting it to a $30,000 expenditure which gives us a gain in time in total construction period. Mr. PluMner: What is the steel in that thing proposed to run? people who are in the steel fabricating business A11 right, s there a motion? Well, wait a'minute now, there is a second portion to :this, Mr. Mr. Connolly: I don't have the figures right Mr. Plummer: What are you projecting? here with me but.... Mr. Connolly: I don't have my contruction cost estimate but I` think it $4,000,000. Mr. Plummer: Mr. Knox, you say it's legal? Mr. Knox: Yes,' sir., Mr. Plummer: Mr. Grassie, do you recommend it?= is about mh .JUN 4 1279 Mr. Grassie: Yes, sir, this is a... Mr. Plummer: I move it. Mr. Lacasa: Second. Mayor Ferre: All right, further discussion on item number 5 call the roll. The following resolution was introduced;' by Commissioner its adoption: RESOLUTION NO. 79-404 A RESOLUTION AUTHORIZING THE CITY MANAGER TO RECEIVE BIDS FOR THE STRUCTURAL STEEL WORK FOR CONSTRUCTION OF THE CITY OF MIAMI/UNIV. OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT; CONDITIONALLY AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE AP- PARENT LOWEST RESPONSIBLE BIDDER SOLELY FOR THE PREPARATION OF STRUCTURAL STEEL DETAILINGS (SHOP DRAWINGS) IN AN AMOUNT NOT TO EXCEED $30,000; AUTHORIZING THE CITY MANAGER TO BRING THE BIDS FOR FABRICATION AND INSTALLATION OF THE STRUCTURAL STEEL BEFORE THE CITY COMMISSION FOR ITS SUBSEQUENT AWARD OF CONTRACT; AND FURTHER DIRECTING THAT FUNDS FOR THE AWARD OF THE SHOP DRAWINGS BE EXPENDED FROM TITLE I FUNDS FROM THE U.S. DEPARTMENT OF COMMERCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION, PURSUANT TO GRANT DATED SEPTEMBER 16, 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, adoptedby the following vote: AYES: Commissioner Armando Lacasa Commissioner (Rev.) Theodore R. Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 3. DISCUSSION: Updated Report on FINANCIAL PLAN FOR CONFERENCE CENTER PROJECT. Mayor Ferre: We are now on item No. 6 which is discussion and update for the Financial Plan for the Conference Center project. Mr. Grassie: I would like to have Mr. Connolly introduce this subject for the City Commission. Mr.James Connolly: On March 8 of this year, a preliminary.Financial Concept • of a;plan'to develop,.. Mr. Connolly, either my portfs:.incomplete.-..I don't have a Mr. Plummer:• copy of: it. Mr. Connolly: It's an.update report t meeting of the Commission. e you asking me to approve a Financial Plan without a copy? Mr. Plummer: Mr. Mr. Connolly: No, no, we are not asking for approval. Plummer: Oh, are you just merely giving a Report? here will be`a draft report at the next` 1 • mh •, 'JUN 4 1971 Mr. Connolly: Mk. Plummer: Oh, I'm sorry. You will submit it prior, in writing Mr. Plummer: Okay. Mr. Connolly: Since the meeting of March 8, we have proceeded with the Financial Plan. We retained the services of our bond counsel to work on the legal aspects of this including the problems with State Constitution law and IRS conside- rations. We retained Laventhol and Horwath to do a feasibility study. We received the preliminary numbers projected from that study on Friday, we distributed them to our attorney and to the bond underwriter by express mail. The numbers, by the way, tract very closely to what we had projected from in-house determinations of the cash flow to the City from the project. Therefore it appears that the funds are available and will be available in order to have a revenue bond issue to cover the completion of cost of construction. At this time, we are moving ahead on that basis and we'll have at the meeting of the 28th a written report from the underwriter as to the marketing aspects of the bond issue and from our bond attorneys. Mr. Grassie: Any questions from the City Commission? Mayor Ferre: Any questions on item No. 6? Thank you. 9, (a) APPROVF 10 RINCIPLLE ASIC PROVISIONAGREE'4ENTBE- TQse o PRINCIPLE RERETBFFR PARKING STRUCTURE." (k Please refer to two other motions outlined herein ' below. Mayor Ferre: All right, we are now on item No. 7, Mr. Grassie. Mr. Grassie: Again, Mr. Connolly will make some introductory comments and then we are going to ask the developer to expand on that, Mr. Mayor. Mr. James Connolly: Mr. Mayor, members of the Commission. Since we have first presented the World Trade Center which is more than a year ago, one of the primary concerns of the City Commission was the exposure on the part of the City being the holder of the land in a project of this magnitude and with a program that was forecast for the utilization of the air rights. Since that time, we have been moving in two directions in this project. Number one, was to secure financing that would give a minimum exposure to the City. At the same time, we have been looking for further funds to develop the air rights using the Urban Development Action Grant from the Department of Housing and Urban Development of the Federal Government. We've had discussions with them and it appears that they are very reasonably listening to what we have to say in their review of the application and probably would move forward on the grant subject to approval by the Commission of the proposal we have in hand today. On the part of the developer which is a consortium of Worsham Brothers, Dade Federal Savings, Sefrias and Miami World Trade Center, Inc., I would like to ask Marty Fine to make a short presentation to you of what specifically is the deal and how the City fits into the total picture.of this development. Mr. Plummer: Are you into item 7? Mr. Connolly: Yes, this is item 7. Mr. Plummer: Mr. Connolly, do we have the parking' study? Mr. Connolly: It was distributed this morning?; Mr..Fosmoen: It was delivered to your office, this morning, Commissioner. Mr. Plummer: Wait a minute, that's this one? (INAUDIBLE RESPONSE) This'is no what I asked for. 'JUN 4 IPS Mr. Fosmoen: What's the question? Mr. Plummer: It was not a question, it was a statement. You misunderstood.'.: This only projects itself, as I read it, and I read it very quickly because it was only given to me this morning, to the basic of the hotel. Mr, Grassier No, it takes into consideration, Commissioner, also the'construc tion of 450,000 sq.ft. of office space at the World Trade Center above the park ing space. That is also one of the considerations in that study, and all uof those -for purpose analysis- are taken together, that is the hotel, the Conference Center and the World Trade Center. Mr, Plummer: Well, maybe -I stand corrected, it was...I quickly but..., okay. Mr. Connolly: J.L., on the. second page, the air 'rights Mr. Plummer:- All right, right here, included in the program is Mr. Martin Fine: For the record, myname is Martin Fine, I; represent the pro- posed developer of the World Trade Center. Because I know you have a very tight schedule I'll be very brief in these remarks. Firstly, Earl Worsham is here, and Mr. T'ing Pei -who are part of the overall consortium; Howard Ward, who is a Senior Vice President of Dade Federal Savings & Loan. This consortium consists of Dade Federal, the Miami World Trade Center, Worsham Brothers, Sefrias and Turner Development. The estimated cost of the air rights proposal will be ap- proximately $55,000,000. The City is being asked to apply for a UDAG Grant - HUD in the amount of $7,500,000 which will trigger this private investment. It is very much in line with HUD's policy to put some seed money in to make this type of a development possible. This overall proposal will permit the parking spaces previously pegged at about 750 to be increased to 1,200. This is a very important item andthat's the City will net -that is net- approximately $400,000 per year from the parking revenue. By the way, all of this is spelled out in this memorandum that Mr. Conolly had submitted to the Manager dated May 30. In addition to that parking revenue, it is anticipated that the City will receive a total of $300,000 per year for the air rights for allowing this 450,000 sq.ft building to be built over the parking structure. That would be divided as follows: $150,000 would be received from and through Dade Federal, who will occupy one third of that space - 150,000sq.ft. Mr. Ward is here and can relate it in more detail to you but basically,the fact is that Dade Federal, as you know, was chartered and organized in 1934, it is approximately a 2 billion dollar insti- tution. It has its roots in Downtown Miami, it wants to stay in Downtown Miami, has been looking for space there and feels this is an ideal place in which to do it. The balance of $150,000 will come through the rental achievement basis on the theory that as the structure is rented up,the remaining 300,000 sq.ft., the rents will be paid so that at the fifth year, regardless of the rental, you would receive an additional $150,000 for a total of $300,000. I might men- tion that the first $150,000 will be tied to the consumer price index. The 300,000 sq.ft. of the building will be leased to this consortium of Worsham and Miami World Trade Center, Inc. and will be beaconed as a focal point for international trade in Miami to carry out the exciting development that is and has taken place over the past several years. It would, once again, point out Miami's position as an international city. It would do and function in the man- ner that world trade centers throughout the world are presently functioning, such as the one in New York City originally built by the Port. We think this is an exciting development which will aid and assist the overall Downtown develop- ment plan as pointed out in yesterday's paper, and more importantly, as pointed out in the work you've done. Now, Mr. Worsham is here, Mr. Ward is here and Mr. T'ing Pei is here if any of you would like to hear from them or have any questions I'm sure they'd be glad to address you. Mayor Ferre: All right, any questions of Mr. Worsham? Mr. Plummer: Mr. Fine, I spoke with Mr. Worsham and Mr. Connolly in reference to increasing the parking from the 1,200 spaces -which I understand now the criteria for environmental review and everything goes into effect at the 1,500 car level and I would like... Mayor Ferre: Does that mean that we are under it then? J U N 4 1979 Mr. Plummer: Well, yes, we are way under it and I would like to see more ade- quate parking on the site up closer to but under the 1,500. Now, I don't know whether I would be addressing that question to the Manager, since the parking structure will be ours, or whether...well, let me take it from there, Mr. Grassie. Mr. Grassie: Commissioner, would it be your intention that we expand the park- ing structure on this site or are you considering the possibility of an adjacent site which will provide additional parking? Mr. Plummer: Mr. Grassie, it's basically inmaterial to me. You know, we now sud- denly have found ourselves in a different set of figures. Before we were build- ing a garage of 999 spaces because I was told that the environmental impact came at 1,000. We are 500 committed to the hotel, we are 300 committed to the Univer- sity -which is 8, I don't know where the 750 ever came into play.... Mayor Ferre: Which is 8 what?...800? Mr. Plummer: Just those two, where we have to guarantee the hotel a minimum of 500 a day. We have to guarantee the University Conference Center 300 a day. see. Mayor Ferre: I Mr. Plummer: At that level vention Center. Mayor Ferre: that leavesus 299 for the operation'of the Con- m-sorry, but you are confusing me. I though it was 1,200. w, what they are in 'fact doing, for a building of 450.000.sa. f Mr. Plummer: No is providing another 200 parking, spaces..... Mayor Ferre: I' see. Mr. Plummer::, ...and I don't feel, personally, that that's adequate in any way. shape or form. Now, if you can go to the maximum which would be the 1,499.... Mayor Ferre: Can you go that much on that property. Mr. Plummer: You just can't go to the 1,500, it would be an additional two''. floors' Maurice, or $1,500,000. Well, you see, that's the question, can we physically put that Mayor Ferre: many...? Mr. Plummer: The answer is "yes". Mayor Ferre: Who said that to you? Mr. Plummer: Mr.Worsham....or Mr. Connolly, let me, it would be an additional, $1,500,000in cost but what it would do, Mr. Mayor, is it would give you then 500 which we, are committed to for the hotel, 300 for the University` -which is 8, it would give you roughly 700 for the operation of the Convention Center and and the World Trade Center Mayor Ferre: Mr. Worsham, let's then address that question. Can I expand on that a little bit J.L.? Mr. Plummer brought up, last time, the question of parking, that he was concerned about not sufficient parking, his argument being that since we are already committing 800 units, an additional 400 which is what we would need to go 1,200, would either not take care of your needs or not take care of the public. Now, our concern here, of course, if for this to be a multiplier which is what UDAG applications are for, to induce the private sector to' invest money. Now, the question is if we were to go up to 1,400 I've, got...I will repeat the two questions, I want to make sure you understand them, one is, do we have to go for an environmental impact study at 1,400? Mr. Plummer: 1,499. Mr. Worsham: 1,499 is my understanding. Mayor Ferre: So the figures have changed. The second, is who says that we can put 1,400 on that lot? AM how .many floor do we have drive up for 1,400?..We are not going to get into one of these Century cities or whatever it is, where you have to drive up 20 floors to get a parking space. Mr. Earl Worsham: Mr. Mayor, members of the Commission, although the feasibi- lity studies seem to indicate that 1,150 to 1,200 parking spaces would be suf- ficient to serve the needs of the Wnr1A Trade Center and the Hyatt Regency and the Convention complex, I personally agree with Mr. Plummer that if without delaying the project -by having to go through an environmental impact statement - that if we can go to 1,499 spaces it would be beneficial to the project. Personally, I feel as though the more parking that we have Downtown will alleviate the parking requirements. Mrs. Gordon: How much time would the delay be if there was an environmental"im- pact? What do you figure that would take? Mr Worsham: Mrs... Gordon, I rather imagine it would take six months or more; to go through an environmental impact statement. Mrs. Gordon: There hasn't been one a all. Mr. Worsham: Yes, there was. There was one on the Convention Center but, course, 'we are expanding now into the garage. Mrs. Gordon: And to update. that, including this, would take another six months?. Mr. Worsham:` Mr. Fosmoen: Commissioner, to give you some idea, Mr.'Gould on his Ball Point project, received hie development order about, four. 'Months after he started the DRI process. So four to five months' duration. A` lot of that is simply review time and notification time for public hearings and so'forth. 411* Mrs. Gordon: It would seem to me that it would serve .the best interests parties` concerned=if there was an environmental impact', statement"made. I personal- ly can't find any real reason why... because it would.be comvleteddurine'the same process` that'you are doing other things just as it was with.<the"Bali Point, the environmental impact hat,:back.at all, not really. Mr. Grassier: You:are,right, Commissioner, we anticipate that if the City Com mission' approves the,World Trade Center project,andfwe receive the UDAG grant that wewill-have to,go through..a DRI;for the building itself. - Mrs. Gordon:;: I"believe 'we will. Mr. Grassier . so, in , consequence, those two analyses, the one , for ,the `par;cing structure and the other for the buiiding, would run at the same time and pro- bably would not delay the project. Mrs. Gordon: I"don'tthink it would and 1 would go along with J.L. also desiring more parking spaces for those entities, if possible. Mayor Ferre: That's all fine and'I agree` but who is going to pay for That would be one of the project costs, it would come out of the Mr. Grassie: project. Mayor: Ferre: Mr. Grassier Out of theirproject costs it? system would come out of ,our project, the part that comes out of the ui g Well, the part.of the DRI which had to: do with the parking b ' ldin would be their cost. Mayor Ferre: No, no, I understand that, no, noI understand that, :that's obvious, that's not my question. My question, and I'll go over it slowly, is we.are making an application for a UDAG grant which will be $7,500,000. That $7,500,000 will take care of the construction of foundations and a garage, that will go 9 or 10 stories high with beams coming through. I would imagine that would cover it, wouldn't it? Mr. Grassie: Well, it will also take care of the connecting facilities between the Conference Center and the ramp itself. Everything that has to be"built under the expresswaY and soon. J U N 4 1979 Mayor Ferre:Mayor Ferre' Okay, so that the City would not have any outlays of money out-of-pocket other than those received from the Federal Government, UDAG application, and other than those that we have already putto buy the nd Mr. Grassie: And what you have in your Capital budget which is basically a Reserve Fund, that's all. Mr. Grassie: In other words we are not putting up -additional moneys. Now, if you go from a 1,200 parking garage to a 1,450, we are adding now 250 parking units and that is going to cost about $1000,000,to $1,500,000. Now, my ques- tion is who is going to pay. for that additional million to million and a half dollars, the cost of the construction ofthe parking garage because of the in- crease of 250'spaces. the total amount of bonding Mr. Grassie: That would, resultin a which the City would have to do. Mrs. Gordon: In the revenue bonding. Mr. Grassie: By that figure. You remember, the plan e become now, the alwfinancial leplan now, that we are contemplating which is gog it on the 25th, hopefully, involves the City's portion of expenses for the Conference Center itself plus; the garage. Now, if we are adding in this process of discussion,on a policy basis, if you adding $1,500,000tto the costnt of the garage, then that financial plan would have to go up by that ney. Mayor Ferre: I guess the point that I'm trying to make in all this is that we have hadseveral qualified, nationally recognized parking experts look at this project. That includes the Convention Center -Conference. Center, the hotel and World Trade Center, they say that 1,200 parking spaces is enough. All right, Mr. Plummer:. Well, that's a qualified answer, very qualified by a control that we, the Commission,do not exercise if we are going to add 250 parking spaces, should Mayor Ferre: `All right, now, the City . pay for that?... Mr. Plummer: Not at all. Mayor Ferrer ..or should the developerpay for that? That's the question, you know, I know that I don't want to be adding any more burdens on the developer but I'd like but,I think that's something that ought to be discussed. Mrs. Gordon: Wouldn't that come from the bonding? The revenue bonds? Mayor Ferre: Yes, but therevenue bonds have to be paid from the revenue... Mrs. Gordon: From the revenue. Mayor Ferre:- —wand : as long as it doesn't have any underpinning-fromthe=City... I get your point, then it doesn't make any difference. Mrs. Gordon: It doesn't make any difference, Mayor. Ferre: I accept that. Mr. Connolly: Mr. Mayor, I would like to point out that the financial return, as long as we have an adequate number to meet the market requirement,- is the asn highest yield per dollar invested in your total financial plan so�byciiintucrey ing the parking -provided that the market stay at a hances the total bond issue. Mrs. Gordon: And it also helps the would beentire oangreataimprovementhtoethe project is so much other development taking place. in my opinion. Mayor Ferre: All right, then, as I can get this consensus around here, as long as we go to 1,499 parking spaces, and as long as we go to a DRI, that it seems to be a move afoot here I don't see anybody screaming or getting too upset. Is there anything else that has to be asked? Mr. Plummer:. Youmean in that area or in the project? 4 re 'JUN 4 1l19 Mayor Ferre: In anything? Mr. Plummer: Well, I've got a lot of other questions, Mr. Mayor. Mayor Ferre: Okay, so let's get on to them. Mr. Plummer: Mrs. Gordon:. increased. Are we understood atthis point? J.L., I suggest you make a motion which I'll secondthat it be Mr. Plummer: Well, Rose, it's difficult for me to make. stands now, I'm voting against the World" Trade Center. a motion because , as it Mrs. Gordon: ` Oh, then I'll move it, tt,pt 1.t ha" increased because I firmly' the parking.... Mayor Ferre: Mrs. Gordon moves that 1,499.....? Mr. Plummer rota ';999:to 1,499.. ,400, believe that the parking be increased from 1,200 to Mayor Ferre: 1 Mrs. Gordon:,. Well, I want to say that I'm not opposed to obtaining -in I prefer we do obtain, Marty, have you any objections? Mayor Ferre: Do you want to make that a of the motion? Mrs. Gordon: Yes,: an environmental impact statement is a,true necessity, my thinking,' if we need to go and live within what the impacts will be, notto,; kill it but''to"design it in such a way. Do`you want to say something, Fosmoen?" Mr. Fosmoen:. I: guessmyonly comment is that is will not be an EIS, be a development of regional impact, it will be a State requirement,. no Federal Environmental Impact Statement requirement. Mayor Ferre: Sure, sheunderstands that. Mrs. Gordon: Yes, well,`I sit on that Board I ought ing about. Mayor moved Ferre: Allright, so, in other wore to 1,400 parking spaces.... Mrs. Gordon:' Mayor Ferre: Mrs. Gordon:. Okay? Mayor Mrs. ,499 or.. fact, it will t the to know what you are.talk- e, Mrs. Gordon moves that it'll be 1,499 or thereabouts. ..whatever. As large as possible amount at would b feasible. Ferre: Within reason, please, we don't want to be going up 20 stories. Gordon: said, "as'is feasible". Mayor Ferre: Well, Rose, in Chicago there is a parkinggarage that goes u 20 stories, and it is feasible, and I` don't think that makes any sense. Gordon: Mrs. All right, we are not going to play on semantics, okay. Mayor Ferre: That's not semantics, it's a reality, there is a garage that goes up 20 floors, you've got to drive up, in a car, 20 floors, it's feasible, but I don't think we want to do that here. Mrs. Gordon: Okay, that resolves the first.... Mayor-Ferre. And the other condition is that the project go through a DRI process, voluntarily. Mrs. Gordon: Mayor! Ferre: voluntary on I believe it's mandatory. Well, it doesn't matter, whichever, I think it is nice if it's' our part, I think it shows good faith. Allright, there is motion,; 1.3 JUN 4 t979 is there a second? Further discussion, call the roll. Rev. Gibson: May I ask...are the developers, let me ask, you all understand what is being proposed I trust? I know you do, I just want to make sure I get it on the record. Mr. Fine:. There is one phase of it that I -hope we understood correctly, an that is that there is no way -as I understand it from the point of view of the developer- that it can pay for the additional spaces. Mayor Ferre: Okay, I think that's been cleared up. Mrs. Gordon: It wouldn't be Mr. Fine: I' agree. Rev. Gibson: I just wanted know. necessary because of; the revenue bonding. o make sure that the developers understood, you Mr. Plummer:' And at this point, just so we have the record clear, Mr. Fine, at this point there is,nocommitment to. the- World'Trade Center for;any-priority parking. We understand that?..Everybody isshaking their heads,I wanted to hear some "yes" or "noes". Mr. Connolly: Marty Fine pointedout,that the DRI for the garage portion will be a City 'expenditure, DRI for,the,World Trade Center will 'be thedeveloper'sex- Mayor Ferre: Yes, now answerthe question:`Plummer asked is...so ahead, J.L. Mr. Plummer: The question is that there is no priority in parking as there is for the Hotel or the Conference. Center so that gives us the availability for 700 up in the air for the Convention Center as well as the World Trade Center. This only relates to parking because I wantto go into the rest of it. Mayor Ferre: Yes, sir, further discussion? Mr. Connolly: Mayor Ferre: Yes, sir. Mr. Connolly: Mayor Ferre: Mr. Connolly: The Chamber That has nothing to do with. parking All right. May.I say one thing? asked. The question Plummer. Cointnercedelivered to you this morning a letter... does it? Mayor Ferre: Allright,. call the roll on the motion. Rev. Gibson:Let's make it... before we go, let me make sure... Plummer, may I. -ask this question > to make sure, you are saying that at no time the World Trade Center gets prioritv..say...500parking spaces are tied towards the Center... Mr. Plummer: That's correct. Father,. what. it really says is, presently, for the hotel we have a commitment up to>500 spaces a, day, guaranteed, we have.a commitment to the University..of Miami up to 300 parkinj spaces a day. What I am saying in this motion is, there is,no commitment to anyone else including; the World Trade Center for those new parking spaces.' Mayor Ferre: Of course, that'ssubject to change packaging conditions and others we uay have, to do that I'm willing to vote for that but I, for one, if later on we have to tie a reasonable amount of have an open mind on it. if later on, for financial that, I want to make sure have a completely open mind parking spaces, I'm going to. Mr. Plummer: Well, I also have an open mind that says that if there is a tie that they can build another parking structure to meet that requirement. Mrs. Gordon: J.L., we need to also realize that thereis an investment of almost $40,000000 that, is going to be made by Dade Federal and they are en- titled to, you know, some security on the parking situation for that invest- ment, so we don't want to kill the goose that laid the golden egg, because I ash 1.4 think you laid a golden egg. Rev. Gibson: Let me make sure that you, men...I hate to ask: this question, you are comfortable with what we are saying? Mr. Fine: Well, I think the Mayor summarized it properly, for example,.. and Mrs. Gordon, if Dade Federal or other financial institution Comes `back :because we are going to provide long-term financing and says. there is a requirement for some, we would like to reserve the right to come back and between now and the time as,doing justice, Mass Mutual did in reference' to the Convention Center hotel itself. Rev. Gibson: As long as we get that understanding, okay. Mayor Ferre: If we were willing to do it for Mass Mutual I just don't see what the distinction is between Mass Mutual and another lender. If we are willing' to do it for a hotel project where somebody is going to spend $35,000,000, I don't see why we aren't willing to do it for "x" project, it doesn't matter what it is if somebody is spending $40,000,000. What is sauce for the goose, is sauce for the gander. Rev. Gibson: Let me add something..: Mr. PlummerYes, but you know, let me. tell you into the next facet: of this thing that I have some you know, I've let all of you make your statements golden egg, but I'm going to tell; you something, I Mayor Ferre: crack..` something, you are now getting great objections to, okay?, and about the golden goose and the 'vegot'acrack in,that egg. t's vote on' the egg first and Mr. Plummer: And as the mayonnaise says -you don't have no mayonnaise Mayor Ferre: All' right, can we take a' vote: on call the roll. The following motion was introduced by Commissioner Gordon adoption. this portion MOTION NO. 79-405 A'MOTION OF THE CITY COMMISSION ACCEPTING IN PRINCIPLE THE BASIC PROVISIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI AND THE WORLD TRADE CENTER DEVELOPER FOR USE OF AIR RIGHTS OVER THE PROPOSED CONFERENCE CENTER PARKING STRUCTURE, PROVIDED THE PREVIOUSLY ESTIMATED NUMBER OF PARKING SPACES BE INCREASED TO 1,499 OR AS CLOSE TO SUCH NUMBER OF SPACES AS IS REASONABLY FEASIBLE TO OB- TAIN; PROVIDED, FURTHER, THAT THE PROJECT GO TO A DEVELOPMENTAL REGIONAL IMPACT (D.R.I.) PROCESS. Upon being seconded by Commissioner Lacasa, the motion was adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson' Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre, NOES: Mayor Ferre: Now with regards. to the cracked eggs, Mr. Plummer: Mr.Mayor, first of all," Mr. Connolly, would you get up hereand" expound'on .;-what, this letter from the Chamber has to say other than motherhood,,`. apple Pie and baseball. Mr. Connolly: I haven't passed and seen that letter. Mr. Plummer: Maybe that was intentional. Mr. Grassier That they are for the project. Mr. Plummer: Yes, but what does it say? 15 I:don't know what this' letter says. J U N 4 1979 Mr. Grassie: That's what it says. Mr. Plummer: Yes, they are for the project and then they are going to want to say that they forced this City Commission to build the project by virtue of a letter of apple pie, hot dogs and motherhood. You know, let's get into the nuts and bolts of this thing. Mr. Mayor, members of this Commission, first of all let me commend Dade Federal for having what I consider a vested interest in this community, because they do, but also they are in business to do the best they can for the stockholders. We are in business to do the best we can for the taxpayers of this City. I find it absolutely out of line - I will not use one of my colleagues' terminology that says that it is "indecent" - but I find it ridiculous that this City is being offered for 450,000 sq.ft. building -which means the developers put up not a penny for land costs, and let's remember, they, the developers, could not get this property at any price, only this Commission has the right of condemnation, and that's what we are doing. Now, let's break these figures down and see what they are offering this City to be put up this golden goose of 450,000 sq.ft. Number one,they are of- fering us $1.00 per sq.ft. per year for the space that they are occupying. That's well and good. I don't think that's sufficient. They are going with a $40,000,000 building projected out at about $13.00/sq.ft. for their space -for $150,000 a year. Now, let's look at the remaining space, 300,000 sq.ft. of space. They are offering this City the great return of about $.67 per sq.ft. I think this is totally out of the question. This City is entitled to more. Without us they cannot build, and I think that to offer this City $.67/sq.ft. is just...I don't know how anybody can do it. I don't think it's fair. Now, I am told -if I'm in line and if I'm not I stand corrected- that the going rate in Downtown Miami is from approximate- ly $11.00-$16.00/sq.ft. If I'm wrong, I stand corrected. If it's $10.00-$15.00... whatever it is, okay? Look, I see nothing wrong with this City deriving a justifiable revenue in return for its investment. What in fact -as I see it- is being done is giving the developer the advantage of the UDAG grant. That's ours. The right of condemnation is ours, it is our land, it is our garage, and I„ think that to offer this City $.67 peryear per sq.ft. is totally out of the questicn. I will say to you that when I raised this to the developers, their immediate re- tort was -well, youare going to make $400,000 out of the garage. And I say, that's not enough, it's our money building that garage and what we derive out of that garage is for the operation of that total complex. I would like to see before any of this is passed -and let's remember we are going into a new facet, something that's never been done to my knowledge in Downtown Miami- and that's the leasingofair rights; that we don't start setting a precedent at°this .:time of what I will call "ridiculously low return to this City for air rights above a structure." Mr. Mayor, I'm very much opposed to this which is being proferred. Mayor Ferre: All right, Mrs. Gordon. Mrs. Gordon: J.L., can I: point out, we've already set the precedent. We set it with the Hyatt Hotel. Mr. Plummer:: Rose, you are correct but, remember, what the return is on the Hyatt Hotel is predicated on how and how good that hotel does, it has nothing to do with the World Trade Center, which this Commission will have no control over, none, none. Mayor Ferre: Let's recap a little bit. What is it that the City has -and very briefly- in the Convention Center? What we have is $4,800,000 of our money' and $5,200,000 that we got from the sale of Virginia Key. We roughly have $10,000,000 plus a lot of grants and stuff that we got, which we have to count, I recognize that. If you take into account what we've invested in the land, the Convention Conference Center is one hell of a good return for the amount of money that the taxpayers and people of Miami have put out. Now, in this parti- cular deal, we didn't want to get into one of these sliding rule things because it seems to concern and upset a lot of people, so I think what they've come up with is just a very straight and simple deal. Now, whether or not it's enough is a game question. Now, let's be specific. How much money do we have invested in this property as of right now, Mr. Connolly? Mr. Connolly: We have, presently, in this piece of property north of the feeder ramps, we have spent $1,871,000. Mayor Ferre: $1,800,000. Mayor Ferre: Does that include the Butler piece? Mr. Connolly: No, that does not. Mayor Ferre: Well, what do you mean? Mt. Connolly: No, I said 'presently', that's how much we've spent, that includes prorating the Feinberg acquisition and the out parcel we:bought.:; If you add in the two... Mayor Ferre: How did you prorate? Did you' do it in a per square foot basis? Mr. Connolly: I took the original appraisals which we hive done for the pro- perty and they had a different dollar per square foot on the north side of the ramps and the south side. I' took the price offered and"split it up>'on.asquare foot basis on both sides. Mayor Ferre: I see. Second question" is, how muchdo, once we buy the Butier piece and everything included? Mr. Connolly: Everything the :City has put into it? Mayor Ferre: Including moving. the:` Butler building away and. putting it somewhere else, because`that'h an investment that we wouldn't have otherwise. we have in the project Mr. Connolly:. Let's than $3,000,000. Mayor Ferre: Do you mean to tell me that the Butler property is going to cost from $1,870,000, the difference is the Butler property? Mr. Connolly. No, no. We are allowing $759,000 for the acquisition of. the Butler property and the property next to it. In addition to that, the reloca- tion expenses is $50,000 for the businesses... Mayor Ferre: Yes, that makes it in my, numbers ..$2,600,000,- go on. Mr. Connolly: And $35,000 maximum, but what we know relocation of the Butler building; itself. Mayor Ferre: $2,635,000, how do get to. the That's now .is;;;$15,000 for th ,000,000. Mr. Connolly: There was a $140,000 for the Davenol property. Mayor Ferre: For the what? Mr. Connolly: Mayor Ferre: That small out •piece that Andy Crough bought. Oh.So we get up to $3,000,000, is that what you are saying? Mr. Connolly: Yes. Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer All -right, now, what Plummer Well, wait s:saying ',.is. ... a minute, you are not finished, are you? Let's continue. What else have you got? Well, how about $7,500,000? Mayor Ferre: You mean the garage. Mr. Plummer: h, yes. Mayor Ferre: It will be more now, how much does a About $9,000,000? 400 place garage cost? Mr. Connolly: Just ,let me say this. We, were originally planning, including the land, a 1,000car sgarage that'd cost $8,000,000. Mayor, Ferre: So this will be about $10,000,000. rouehly. Mr. Connolly: Yes, sir. J U N 4 1979 Mayor Ferre: ..because it will cost that much more to do, for the additional 400 cars. Now, let me ask you this question. Obviously, you have to allocate - and Mr. Plummer you've got to be consistent, if you say the formula is good on one side it's got to be good on the other side. You are saying now that we've got earmarked 500 units for one project to 300 for the other, which is 800. Obviously, then, the expense of that garage could not be allocated to this particular project if they don't have any usage of that parking space, I don't think that would be fair. Mr. Plummer: Mr. Mayor, let's don't make fruit salad, let's stick apples with: apples and oranges with oranges. Mayor Ferre Precisely. Mr. Plummer: -All right,. first of all, that • Hotel is a complement to that com- plex, in every way, shape or form. The cotnplex to the Hotel, 'the Hotel -to complex. Mayor Ferre:. But since the parking is, tied, J.L., because that's the key, since the parkirig is tied to the Hotel, then obviously you" have tocharge the expense of the parking to the Hotel, sincethey; go hand' in hand.` Mr. Plummer: That's. well and good,' but,_'Mr..Myor the World Trade, Center is not a.`,c,omplement to,- the complex. We can. operate; that: complex' very well without .a World Trade Center. Mayor Ferre: You can also operate it very well without the University .of Miami. Mr. Plummer: No, We can't, I'disagree.' ,..you see, these things, I Mayor Ferre: Mr. Plummer: 450,000. *Manor Ferre:, ...of which 300,000 will be a WorldTrade Center, will be as much if not more of a producer of revenue to that Convention Conference Center than the University of Miami will, I have no doubts about that. Mr. Plummer:''Mr. Mayor, you might and you might not be right.: the hotel is a cotnplement .to the complex.` Mayor Ferre: So is the World Trade Center,.in my opinion. Mr. Plummer I disagree. Mr. Mayor, if you were to take and to amortize out - and I'm sure Dade Federal has done; this- Mr. Mayor, you are allowing a,'private concern; as I see it,"to move. into one of the most prestigious locations-in� our cotnmuriity for their own -use at less than $10.00/sq.ft., and. • Mayor Ferre: You see, I:. don't think you can go on your argument of. how much" .per spare foot. I think what we have to figure out -and here, Plummer, I, May end up agreeing with you- what we have to " Mr. Plummer: That scares me. Mayor Ferre: Well, I'm glad you scare once most of the time but.... Mrs. Gordon: Mr. Plummer: Mayor Ferre Mr. Plummer: n a while,.I thoughtit was just Oh, boy. Careful, or I'll run for Mayor. Well, you know, that might be very helpful. fou are right. Mayor Ferre: Is there anything 1 can do to convince you? I think the point is this, I've done a good job at the other end, I hope maybe we might add to the fun.... go Mr. Plummer: ahead. Yes, but suddenly you've become the meat between the sandwich, guarantee you that 400,000 sq.ft.... JUN'4 1979 Mayor Ferre: As long as it's not the meatball. All right, let's get back to this. The point simply is that what we have to look at is not how much per square foot, but how much of a return on our investment and I think we also have to take the tax consideration which nobody has talked about. Now, what is a UDAG application? A UDAG application is the Federal Government saying - we are going to spend $150,000,000 every quarter so that the private sector will invest sufficient monies on an increase multiplier and this is something that primes the pump. Now, what is it that the City of Miami is doing by all of this? We are putting on a tax roll of $400,000,000 building, of which we are going to be getting $300,000 or $400,000 worth of taxes of which, hopefully, as we all know that commercial structures don't always cost as much as the taxes we collect, supposedly' I mean, that's what most of these research studies that have been made on the subject say. Now, I think that what we have to take into consideration besides the tax factor is how much money do we have in it? Three million dollars. How much money ..-and I agree to this extent- if we are going to give them 300 or 200 parking spaces, then I think they ought to pay a pro- portionate share of that. If for example they are going to use $4,000,000 worth of parking garage, then I think we've got to add that $4,000,000 to our three. And then I think they ought to pay a proportion of that seven. That's different, either directly or indirectly, but if you don't tie the parking then I think that the value of that is somewhat less. Now, the question and I think I agree with you, you have a valid question, is $150,000 to a maximum of $300,000 sufficient for $3,000,000 investment plus whatever it is that they get in the garage. Mr. Plummer: Mr. Mayor, let me reverse it. I find extreme difficulty trying to equate, if I use their figures as just, which I don't, why Dade Federal is offer- ing us $1.00 per sq.ft. per yr. but the bulk of the project is only offering us $0.50 per sq.ft. per year ? Why would 300,000 sq.ft. be less valuable than that which Dade Federal is occupying?. Mayor Ferre: All right, let Mr. Plummer: It just doesn't make sense. They are offering us $1.00 per sq.ft. at Dade Federal, ;for. 150;000; f if ty cents per sq.ft.' for the remaining 300' 000. To me that's ludicrous. Mr. Martin Fine: Mr. Mayor, members of the Commission,' there is no simple lead-, easy way to. approach a very complicated project like this 'but there are a few things that I think we might_. try to unravell. Mr. Plummer,.,I'd-like to see: if I understood one of your earlier -comments and see if I can explain it. I believe you are equating the matter of $10.00/sq.ft.:with $0.67/sq.ft. Mr. Plummer: :No, sir. Mr. Fine: Because as I listened to you I thought you were talking about finished space. You said space downtown runs for $10.00, or $11.00 or;$12.00 a foot. That's finished space in an existing office building where you walk in and rent it. That is not what the City is renting to these developers here. Mr. Plummer: Well, maybe we wish we were, but what I'm saying is that the person who is<''renting the structure would pay somewhere between $11 00 to $16.00/sq.ft.`. for a<finished building., It is my understand -and when we equated it out- that. Dade Federal,` just Dade Federal who is offering us the $1.00 rather than the $0.50 would be in fact getting space for less than $10.00 per sq.ft. Mr. Fine:. We11, I don't know how you could come to all those figures because don't :think it's been refined anywhere near to that point but I would like'.., to,. try to;'answer your second question. Mr. Plummer: Sure. Mr. Tine: Of necessity, this venture is one that is quite complicated and although -,there has been a great deal of work done on it over the last few months, the fact of the matter is there is still some final discussion that has to take place. The sum of $300,000 was proposed by the group as such as a total entity. It within itself chose to break it out between a hundred and fifty and a hundred and fifty of the structures without relating the difference and the square footage. What this consortium as a group said was that the air rights are worth $300,000/yr plus to justify an investment of $40,000,000 which, by the way, the Mayor obviously is directly the UDAG concept won't work without that private injection of capital. So it really isn't a matter of $1.00 for one place and $0.50 for the other. It is the total. Mr. Plummer: You are right and you are wrong, all right? Now, you are right -that mh J U N 4 1979 the UDAG grant won't work without private capital, okay? It doesn't address it- self nor is Dade FEderal's set into concrete, okay? So, we don't have to say that we can't get someone else, another private concern. I'm merely stating for the record that I feel that it is unfair to have a third of that building paying one dollar a square foot and giving the World Trade Center 300,000 sq.ft. at $0.xcus m Mr.SGrassie, atat's whatahell of a good deal. d,point does that increase..orewheneisethat equestion, other renegotiated? Mr. Grassie: The rent is proposed to be tied to the Consumer Price Index and would change annually as a factor of that index, Commissioner. Mr. Plummer: Annually. Mr. Grassie: That is correct. Mr. Worsham: Mr. Plummer, I would like to clear up one or two things if I may and hopefully change your mind through this because I think that it is an extremely fair deal to the City. First thing that I'd like to clear up is that I think that Mr. Connolly in looking at the figures is slightly incorrect because the investment that the City has in that land is $1,112,000 with an acquisition which is to be provided by the Urban Development Action Grant in the amount of $759,000 so that the actual cash investment after the acquisition of the Butler property and the other properties to fill up the block respectfully is approxi- mately $1,871,000 plus a couple of other charges such as the demolition and the moving of the Butler Building which are also to be paid out of the Urban Develop- ment Action Grant, so that in actuality the total investment that the City has is considerably less than $3,000,000. Mr. Plummer: Mr. Worsham, what does that have to do with it? Mr. Worsham:' with it. Mr. Plummer,I respectfully submit that it has everything todo Mr. Plummer:, Please do because what I'm equating is what the return to this City is for 450,000:sq.office ft. of building. What we put into it or don't putinto it has no bearing you. Mr. Worsham: Mr. Plummer Mayor Ferre: Excuse me, we have a problem and it's my fault because I thought Father was going to be able to stay here until 12:00, he now tells me that he has to leave at 11:30 A.M. I thought we had made this meeting from about ten to twelve, but now I'll tell you, I think` that, what we ought to do...I think we obviously have to finish this and we've got .this Watson Island...can we come back this afternoon, you think? ve being Dade Federal.. Mr. Plummer: Rose and I can't, we go the. Dade Criminal Justice thing this afternoon at 1:00 oclock, that was the reason for breaking up. Mayor Ferre: Mr. Grassie: Mrs. Gordon: Mayor Ferre: Mr. Grassie: What's, the deadline on the UDAG application For us to get our material Didn't we already apply for that together, yes.` June 6. UDAG in April.? Yes, we did but we have updatethe ,figures.".. perfected so that we will be eligible eady applied for it. Thatparthas been done., no? It has to be Mrs. Gordon: Well, we alr Go ahead Fosmoen. for grant. Mr. Fosmoen: We have applied, Commissioner, however we must give to the people in Washington the outline of an agreement between the City and the developer before they'll consider the application. Mrs. Gordon: And does it have to be in complete detail? Mayor Ferre: Absolutely, otherwise what they'll do is they'11 which means basically they kill us. Mr. Plummer: Rose, let me ask you a question. Mrs. Gordon: Yes, J.L. 20 J U N 4 1979 Mr. Plummer: Do real est ate appraisers, would they be value of the air rights space? Yes, sure, of course they could. Okay, that's the answer. in a position to appraise Mr. Worsham: All right, and I'd, incidentally, live with that J.L'because, what we are doing without our private funds, we are spending $40,000,000 for that 450,000 sq.ft. building. the Mr. Plummer: I understand. Mr. Worsham: All right, we are paying the City more than a fair return non subordinated, by the way, in other words, the City does not subordinate to any- thing. We are paying a fair return on your investment, which is less than $3,000,000, $300,000 per year. One other point that I did want to make is that the lease is with Dade Federal so that the total $300,000 in effect is coming to Dade Federal. Dade Federal subleases to the World Trade Center so you have further'additional security, so if you wish, we can proceed with this. Mr. Plummer: Earl, I have no problem with that, you know, in your particular complex of the Hyatt Regency Hotel, now, I wasn't able, when you take the square footage involved in that and the air rights space and the return on the money with the potential of not -locked in to a given figure dollar but what you...the better you do, the better we do, the potential is there. We are locked in the World Trade Center to that thing except by the Consumer Index. Mayor Ferre: Let me ask you a question, because... let me tell what our dilemma and what the problem is here, Father. The problem is that if we don't get this UDAG application, we not only don't have a World Trade Center but we are not going to have a garage, and if we are not going to have a garage, then we are in trouble in this, whole complex. Now, I think the way to... let me see if I can cut through and I know you are not going to like this and -I apologize. Suppose, whatever it is that we deter- mine and can agree to as the basis of our investment - and that's what we are going' to have to sit down and maybe we'll have to go to an appraiser- would you agree to pay ten (10) percent as a return? UNIDENTIFIED SPEAKER: Mr. Mayor, and Commissioner Plummer Mayor Ferre: Are you going to answer that question? UNIDENTIFIED SPEAKER: Yes, I'd like to answer the question in the following way. If, for the sake of argument, the City's investment in the site is three million dollars ($3,000,000) and Mr. Worsham has just indicated that it is slightly less than that, a ten percent return on $3,000,000 is $300.000. which is the way we 11110, figured it, now the fact of the matter is that a 10% return on a site which is shared with the City's public parking garage is a very, very adequate return, and in fact it will be more than that. Now, on top of that, I want to point out that... Mayor Ferre: It isn't $300,000, that's the problem,see, that' has been talking about. Mr. Plummer: That's exactly what I've been trying to tell you, look, I'm going to tell you again maybe you are not understanding me. What the City's invest- ment in that property is has no relationship, none, what I'm saying is if Dade Federal went out and bought a piece of property and built a $40,000,000 structure what would their land cost per square foot, per year be including parking? Mayor Ferre: All right, Mr. Fine, Father Gibson has to leave, and I think we better bring this to a head because we have a position now. Now, as far as I'm concerned, I am willing to vote for this thing as it is presented before us on the premise that this be taken to an appraiser and that whatever he comes back with as our investment that we get a.. Mr. Plummer: No, no, I'm not. Mayor. Ferre: ...I'm telling you what I'm willing to do, I'm not asking you what you are willing to do you can state that for yourself- ..provided that it is at least is 10% or whatever of whatever it is that the City has. Mrs. Gordon: Of the air rights value the return on the air rights value. mh Mr. Fine: I have a suggestion to make which I think might accomplish everyone's objectives. We hear very loud and clear what the Commission is saying, parti- cularly Commissioner Plummer. I think the spirit of the Resolution you are being asked to pass today is to authorize the Manager to proceed with a lease that is basically in the format and structure so that you can file for your UDAG and - you already filed for it- and get it. During the course of negotiations if the Manager is either instructed or asked by the Commission to get an appraiser to evaluate air rights, irrespective of your investment, you have that opportunity. We always have to come back to get the lease signed by you and you have all the controls and all the time in which to accomplish it. Mrs. Gordon: J.L., can I assure you that the appraiser will take into considera- tion the foundation, the improvements and everything else when he estimates what the air is worth, because air up in the air without anything underit isn't worth anything. Mr. Plummer: I'm sorry, you know, I'm sorry, I'm not sorry. Let me clarify that. Rose, I think it is only fair :to this City that what Dade Federal or any; other private developer would have to figure into the cost ofa project for land and parking'is what should be a fair: return to this City. and I don't feel. that that is what we are being offered.•; Mrs. Gordon: All right. Mayor Ferre: ;-I agree, provided that they can, use the parking. If they cannot use the parking then I think it is unfair to burden them with that. Mrs. Gordon: That also. would determine the value of the air rights, whether they use the parking or don't` use the parking, all of those are parts of the considera- tion. Mayor Ferre: Of course. Mr. Plummer Mayor Ferre: Mrs. Our investment has no bearing on it.` All right, is there a motion? Gordon:. Yes,I'll ''move .it this way, Mr. Mayor. Mayor Ferre: rs.; Gordon. moves, is, there a second? Mrs. Gordon:...That we proceed to permit. the Manager to enter into a lease arrangement as outlined, with the_proviso that:that -arrangement not be less than_tte fair market valuewould be of the air rights after an appraisal is done. Mayor Ferre:,"Is.there a second to: that motion? Rev. Gibson: Let me. ..I want to make sure because:I don't want to:.mislead.the developers. I'm.pretty sure you understand what is being said 'You aren't raising any serious objections. All right,' I'll second the motion. Mayor Ferre: All right, further discussion,. call the roll;. Mr. Plummer: Mr. Mayor,. under`. discussion, year that you are obligatins:.90 years. The following motion was introduced by Commissioner Gordon, who moved MOTION NO. 79-406 A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE ARRANGEMENT WITH THE DEVELOPER OF THE WORLD TRADE CENTER WITH THE PROVISO THAT RENTAL FOR THE LEASING OF SUCH AIR RIGHTS TO THE CITY BE NOT LESS THAN THE FAIR MARKET. VALUE OF THE AIR SPACE ABOVE THE PROPOSED CONFERENCE CENTER PARKING GARAGE STRUCTURE AS DETERMINED BY AN APPRAISAL TO BE MADE SPECIFICALLY FOR THAT PURPOSE. Upon being seconded by Commissioner Gibson, the motion was passed. by the 'following ;vote AYES: Commissioner Rose Gordon * Commissioner (Rev.) Theodore R. Gibson. Commissioner Armando`Lacasa' ***' Mayor Maurice A. Ferre **** its adoption: adopted NOES: Vice Mayor J. L. Plummer, Jr. ABSENT: None. ON ROLL CALL (MOTION 79-406): *Mrs. Gordon:. I will vote yes but I need to tell my fellow Commissioner. J. L. Plummer, who I respect very much, that the motion permits the adjustment on fair market value nine years from now, so you know, nothing precludes that that be a fair arrangement to all parties concerned. Mayor Ferre: And it's indexed. Mrs. Gordon: Of course,but that's,part of the original proposal but I'u► talking about an appraisal of the area which will be made. **Mr. Plummer: I want a fair marketvalue today and I don cart in front of the horse, I vote "no". ***Mr.-Lacasa: I am going to vote "yes" based on the fact that I believe that the motion protects the City in the way it is presented by giving the City the opportunity to have an appraisal and a return based on the present market value of the air rights. I want, for the record, to reflect that under no circumstances am I going to support any type of lease which does not include the real value and for me it is totally and completely irrelevant what the City has put in cash into this property, the question for me is what anyone, other than the City, will have to pay for this particular piece of property, so I vote "yes". ****Mayor Ferre: I personally think that a project of this magnitude which will bring a $40,000,000 blue chip investment which will be a major factor in the multiplier of the growth of Downtown and furthermore enhances the success of. the Convention Conference Center, and furthermore enchances the success of inter- national trade -which is the future of this City- and furthermore gets for us $7,500,000 in Federal Funds that we would not normally get otherwise, could do nothing less but to get from me, on this proposal especially as improved by:' this amendment, a "yes" vote. (Commissioner Gibson leaves meeting at 11:40 am) Now, with regards to when we are going to meet because we still have some very important items that have not been discussed.... Mr. Plummer: Mr. Mayor, may I at this time make a motion that the Manager be instructed to hire two appraisers to determine the fair market value return` to this City. Mr Lacasa: Mayor Ferre: Second. there is. a motion and a second, further discussion,... Mr. Plummer: With the proviso, Mr. Mayor, that that is done after those ap praisers consult with the Commission :i to what _... ..a., «., we as the finale. project. Mrs. Gordon: No, no, no, J.L., no, no, honey, let me tell you something, you don't do that. That's not fair, you cannot do that, you will never get an appraiser who's worth a grain of salt that will work on a proposition like that! Mr. Plummer: Look, fine, all I'm saying to you is I don't want an appraiser to come back here and say to me that this is what a fair return is based upon your investment. I don't want that. Mrs'. Gordon: J.L., that's not the way it's done, let me just quickly, one second, tell you that an appraiser will do an analysis of the air rights value based on - it's not an exact science- based upon certain procedures and evaluations of other properties and other situations and you can't tell him what you want. Mr. Plummer: Rose, what it on the record now, if Miami, what would be the Developer. ? I'm saying, and the question I want answered -I'll put a 450,000 sq.ft. office building was built in Downtown property cost return value to this City or tothe juN 4 1979 Mayor Ferre: Will the Clerk write out the whole statement as made by Com- missioner Plummer and others and submit it to the Manager, who will submit it to the appraisers, if they have any questions they can come back. Mr. Fine: I think that last comment may cause a problem, everything after that was all right because I think you may be putting the appraiser into a position where you are asking him to give you what the value of the land is, I think what you are asking is what the fair market value of air rights is. Mr. Plummer: Oh, no, oh no, you see? You still don't understand me, Marty. Now, let's make it clear. I'm saying -and, please, I want to take Dade Federal out of this, because I've complimented them from the beginning and I think it's tremendous but , you know, I'm here for the City. I want to know if a private developer went Downtown Miami and built a 450,000 sq.ft. office structure what would he in his financing have to dedicate for land cost? That's what I feel is a fair return to this City. Mr. Fine: Mr. Plummer, I would just suggest to you that the appraiser should be -asked the question what is the value of air right sufficient to build 450,000 sq.ft. of office space over a parking structure. Now, if you don't do it that way we are never going to end up with a lease. Mr. Lacasa: But, you both are talking about the same thing because actually because what Mr. Plummer here is asking for is the real value of the land. The real value of the land. And you are talking about air rights. Air rights here would be tantamount to the land, which means.... Mayor Ferre: No, there is more to it than the land. Mr. Lacasa: Well, the air rights are going to be equal not in price, maybe, but it's going to be what is required to build on top of the land. In other words, what you might come out with is a different price per square foot if it were on land versus air rights, but you two are talking about the same thing. Mrs. Gordon: I believe that we should leave this to the qualified MAI's that you are going to obtain and you won't have to teach them their business, they know what they have to do. ' • . „,„ -• • , , • "-. -" -,•, Mayor Ferre: Further discussion, the motion is made with that clarification, call the roll. Mr. Grassie: Well, Mayor, I know that we are in a hurry but we have to make sure that we are not doing something which is contrary to what the majority of you want. Now, I understand that the question that is going to be asked of the appraiser is fair return as if it were private property but keeping in mind that the property is encumbered with a parking garage. Mt.Plummer: Sure, because it is for their utilization also. Mr. Lacasa: Right. In other words, Marty, your contention is that the air rights might be worth less than the land. Mr. Plummer: We understand that. e Mrs. Gordon: Yes, of cours . It's understandable. How does the motion read now,,.to the Clerk. STATEMENT OFF THE PUBLIC RECORD) The one that I made? That was the one that you called the vote Mr. Lacasa Mrs. Gordon: • (INAUDIBLE Mrs. Gordon: on before. Mr. Plummer: The motion up for a vote is my motion to have the Manager hire two MAI's for appraisal. Mks. Gordon: Yes, that's all that's up for'a vote right now, the other motion was prior. ' • • JUN 4 1979 Mayor Ferrel And there is a lot of discussion which is part of the clarification of the motion, but the motion still read the same. Is there further discussion on that motion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 79-407 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO HIRE; TWO APPRAISAL FIRMS TO DETERMINE WHAT THE FAIRMARKET VALUE IS TO THE CITY FOR THE RENTAL OF THE AIR SPACE DIRECTLY ABOVE THE PROPOSED CONFERENCE CENTER. Upon being seconded by Commissioner Lacasa, the motion was adopted by the following vote: AYES:. Commissioner Armando Lacasa Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev) Theodore R. Gibson 10. Approve REVISED AGREEMENT FOR DEVELOPMENT OF WATSON ISLAND following consultation with I.R.S. and approving other matters pertaining to this development. Mayor Ferre: We have one other important item which also needs to go before the UDAG application, and I know it's obviously going to be a hotly discussed issue. The question now is when can we meet and I'm available, I'll cancel whatever I have to. THE CITY COMMISSION DISCUSSED AT::GREAT LENGTH WHETHER THEY COULD LEAVE FOR ANOTHLK DATE DISCUSSION OF THE'ABOVE-CAPTIONED MATTER. DUE TO CONFLICT IN THEIR TIME SCHEDULES, IT WAS NOT„POSSIBLE TO REACH;AGREEMENT. FINNALY, MAYOR FERRE STATED:• Mayor Ferre: In other words, we don't have a full Commission unless we meet today, until three weeks from now. So now,. Mr..Grassie: The only thing mt._Mayor. -is the meeting, of question of judgment so that 5:00 o'clock and then come b that's standing on the way, as far as I know, the Criminal Justice Council and it would be a we could break up for an hour between 4:00 and ack. Mayor Ferre: All right, I think we ought to hear it right now, because I hnwe ought to jut goingmove toin, havethis a fullmuch Commission anynway youthing slicelet it. hang, and we are not And if we don't go the 15th, we get a dead UDAG application, so we are boxed into this situation. So sit down and let's see if wegcan eddispatch it quickly I mean, and efficiently. Mr. Gilchrist, you are rMr. John Gilchrist: Commissioners, we are here before you to propose that in order to carry forward the intention of this Commission as indicated earlier by entering into an agreement with Diplomat World Enterprises in November of 1977 and later in April of 1978, the approval of plans and feasibility studies the intention of the Commission to develop Watson Island as a major family at- traction,as a community amenity and a destination attraction for tourism with the hope that this attraction would continue the overall attractiveness of South Florida as a major visitor destination. In addition, the project will provide immediate construction jobs equivalent to 1,700 man/years... Mayor Ferre: Mr. Gilchrist, you've said all that about 10 times in the past. Let us skip all that, we don't need any of the sweet talk, just get to the meat. Mr. 'Gilchrist: „Okay, as you know, we advertised for participation with, private developerson the basis of selling tax exempt revenue bond for;$55,000,000. In 25 JUN 4 1979 the process of attempting to get an advanced ruling from the IRS for that tax exempt status, several issues developed regarding the management agreement. The amended management agreement which you have before you now recognizes the guide- lines as interpreted by our bond counsel that would be required in order to get an opinion from bond counsel that the $55,000,000 bond issue would in fact be tax exempt. The primary guidelines which affect the original agreement are the term of the agreement and the method of payment. The term of the agreement under current policy of IRS is limited to a 5-year negotiated term which must be terminable without cause by the City on an annual basis. The developers greatly reduced in their prticipation in the project by that particular policy. They have had in the original agreement a thirty-year term plus a 10-year option. They are now reduced to a 5-year term and at the discretion of the City terminate it without cause annually. Secondly, the fee or revenues to the developer operator are not allowed to be a percentage of gross or any percentage basis, they have to be a fixed fee. Those are the two primary conditions. We also had to represent to the IRS in earlier meetings we had in technical review, that employees would be employees of the City of Miami, that is, that employees of the project would be employees of the City of Miami. So, before you, you have an amendment to the -agreement which recognizes a reduction of terms from 30 years plus a 10-year option to a 5-year term terminable annually without cause. And, secondly, that the fee paid for management services to manage the park which will be owned by the City, operated by the City, will be a fixed fee basis and this amendment puts that fix fee, places that fixed fee. I believe that Commissioner Gordon wanted to ask a question. Mrs. Gordon: Oh, I have a whole lot of questions and I'll be asking them. J.L. wanted to make a comment now, s0... Mr. Plummer: Mrs. Gordon: while. That's all right, J.L., because when get started it will take a Mr. Plummer: Well, all right. Mr. Connolly, I have basically two points. Mr. Gilchrist, if you would, my concern, of course and let me preface it by a re- mark. I am convinced as I was before that this project and the real final say in this project is not going to be this Commission, is not going to be Mr. Fine or Diplomat World, the real say in this project is whether or not the bonds can be sold, and if the bonds can't be sold, well, thank you, we tried, goodbye and let's go back to the drawing Board. Now, my concern is, if in fact the bonds are approved. They are sent then as I understand it to the underwriters who buy the bonds. They in turn, then, sell them to the general public. In that short terminology is where my fear lies, that if in fact.... is our bond counsel here? Mr. Gilchrist: They Mr. Plummer: Mr. Gilchrist are not. This is a Citybusiness presented to you. Mr. Plummer: Well, okay, inlieu of their not being here, I will want a letter from them; a letter of guarantee, okay? Now, the fear that I have is that we sell the bonds to the bond counsel that they will not be sold to the'public until IRS approval. Mayor Ferre: That's just simply not the way it works. Mr. Plummer: Excuse me? Mayor Ferre: That's just simply notthe way, it works. Why don't you explain to him,how it works? Mr. Gilchrist: Okay, you misuse the word "bond counsel" which are attorneys, the underwriters for the...the bond underwriters, purchases and sells within a matter of several days. Mr. Plummer: Excuse me, I'm sorry. Mayor Ferre: See, let me tell you the way because I have been through this road a couple of times and I know. You get an underwriter. The underwriter goes out and this happens a hundred percent of the time. If it is Blyth, Eastman Dillon, or Smith Barney, they'll go out and they will what they call "syndicate" They will get 5, 10, 20, 50 other houses take a piece of it, a million, two, three million dollars, and then what they'll do is they already lined up customers 1101111•111MIONIMPI mh OR J U N 4 1979 to buy those things. So what happens is the underwriter goes to market, they tell you've got your money because all of the houses have taken their proportionate share, within a week it's all gone. Mr. Plummer: Well, Maurice, here is the area of concern. As I readin the paper and I'm not using that as the criteria because I want to hear it from The potential liability if IRS does not approve tax-free status. Mr. Gilchrist: No, IRS is not asked to approve IRS status. The attorneys at their own rish, at their own liability give the opinion that it is tax-exempt. They give this in the State Court during bond approval.... Mr. Fosmoen: Validation. Mr. Gilchrist: And they stand at the riskof that. That is why they are paid the fee they are paid and the only condition that exists at the time of the bond sale is that bond counsels' statement and liability that the bonds are tax exempt.. In the future, it's possible that in auditing a bond's buyer return, that the particular tax man could question whether those are taxable or not, that's a future issue. Mrs. Gordon: And if it is not a tax-free at that time, isn't the City gong;to be in a position of jeopardy.? Mr. Gilchrist. The' bond counsel is responsible as longas the City and, those in- volved do not change the operation: of the rules as they have been described to that point. Mayor Ferre: Right, may Mrs. Gordon: Mr. Gunderson, could we get him Mayor Ferre: Yes, but while Mr. Gunderson comes here...would you call for Mr. Gunderson? Let me try to explain the process because this is one thing that I've gone through very carefully and it's really quite simple. The City l,of Miami cause re- quested a ruling to change the present IRS ruling. Now, why? there was precedent. What was the precedent? The precedent was Interama. Interama had asked for a ruling and the IRS 5 or 6 years ago said, okay, we agree. Well, it was reasonable to think that they would say- "okay, we agree" again. That did not happen. What we have before us now is within the present IRS guidelines. We don't need to get the IRS approval.This is a tax-free bond, period. Now, how do we know that? Well, because the tax counsel that we have retained on penalty of death, okay, in other words a penalty that he has to pay if his opinion is wrong he is the guy that's on the hook. Now, that's why when you ask th.:se kinds of opinions their fees go up a little bit because in effect what he is saying is "I am guaranteeing to you that this is tax-free': If in the future this bond issue is not tax-free, it is not the City of Miami, it is not the taxpayers, it is the bond counsel who is on the hook for the money. Now, obviously, that's why when you get into these highfalutin bond counsels, they get insurance which is what this...., so that not only does the lawyer guarantee it in a very large legal firm they are insured that their opinion is proper. Therefore their insurance company eventually ends up okaying it and therefore what I'm saying is it is almost one hundred percent fail-safe tax-free that itbon isa I think itVis one a written legal opinion that these are in many, many thousands that gets reversed. Mr. Plummer: Mr. Connolly, if in effect 'MGilchrist, a statement holdingithe City - would the underwriters or bond counsel, more so, issue harmless accepting the bonds on this predicate? Mr. Gilchrist: I can't really answer that. It's really I think not necessary when you understand that their opinion liables them for the bond being exempt. I can't speak for them here but I can certainly address that to them. Bond counsel is available by phone, if you want, while this meeting is going on to answer your questions. Mayor Ferre: If in effect that's what they do,then I don't think there'd be.. too much of a problem to get them to say so in writing.? I don't think that's big problem, is it? JUN 4 1979 1r.Gilchrist: I think the fact that they give their letter of opinion__ in writing, we have it before us, that really says that they would do the second. Mayor Ferre: Listen John, you know that because you've been living withthis. for a year and a half. Plummer is a business man that doesn't get involved. with bond underwriting. He does other kind of underwritings.... Mr. Plummer: But mine is definite, Mr. Mayor. Mayor Ferre: ...and therefore I think you've got a valid point. You know, he wants to be sure and I think that we can be sure, I don't think that any good lawfirm, bond counsel, is going to make...knows that they are out on a limb, we know it, everybody knows it. The fact that they say in writing -look, we are out on a limb and we admit that if something goes wrong we pay the tab, I don't think it's a big thing, they'll do that. Mr. Plummer: All right, Mr. Gilchrist, my second area of concern is in that of -the employees. Now, what....you don't go into -or at least in any of the material that I have- what is the provision as to the employees being City employees? How will they be fired?..you know, where will they be paid from? Will it be a special fund? What is the City's liability there? Mr. Gilchrist: All right, in addition to my answering these questions I'd like to call in Mr. Fine and Mr. Cohen who are in the audience as well. The position is that the project will require equivalent employee of 1,000 permanent jobs. Of those permanent jobs we are really are calling them full-time equiva- lent because the largest bulk of those jobs are first entry jobs at high school and college level employees who directly meet the public. So, just to under- stand the make-up of that. In addition, maintenance has to be done on the island and on the project. In that case, we have considered that the most efficient way to do that would be to go to the existing maintenance services that are avail- able in the City and to contract those out. So, in those kinds of cases, what we are saying is that it provides employment. It provides employment to mainte- nance services that would contract to the City. In addition there would be some level of administrative employees that would be considered employees to the project. The funds we are paying these employees with would be funds of the project's budget only. That is if the project ceased to operate the employees would ceased to be employed. Mrs. Gordon: What about the pensions and the other benefits? Mr. Gilchrist: My understanding of the break -down of it would be that as many as 200 employees;- would be full-time employees and therefore eligible for pension and so forth under the City's existing program. Those who would be less than. full-time would not have the same kinds of privileges and those services which would.... Mr. Plummer: Is there provisions, Mr. Gilchrist, that the pension and other fringe benefits could be handled on a separate basis as, i.e., the Off -Street Parking has their own pension plan. Mr. Gilchrist: Yes, I think'that'strue. Mr. Plummer Well*, you say yes, possible, in other words.... Mr.. Gilchrist: Well,.I think this has to be addressed as a` project entity which generates revenue to ,pay not only the salary but the benefitsthat` are accruedwith the salaries. Mr. Plummer: The fringe benefits then would come from that particular fund. Mr. Gilchrist: And only from that particular fund. Mr. Plummer: My final question has to be on the UDAG grant. On the UDAG grant, the question was asked of me earlier, what justification is there? And ofcourse,. you have in essence, in my estimation, just touched upon it answering another question, and that is the employment of people of this community. The dollar flow, increased dollar flows, and finally what, Mr. Gilchrist, is your opinion. if this City were to not receive the UDAG grant. Where is the project.? Mr. Gilchrist: I think the project would have to be reconsidered in its scope in terms of what economists call "the atractions," that is each individual part of the project it would have to be at this point reduced in scope to adjust for that and a re- evaluation of the revenues generated from it would follow that too. xe J U N 4 1979 Mr. Plummer: In other words, what you are saying is if the UDAG grant is not. approved, then that project would have to come back to this Commissionfor further approval. Mr. Gilchrist: Well, I would believe that's correct. Mr. Plummer: I don Mr t want +believe", I want yes or no. It is true. Mr. Plummer: It is true, all right. Gilchrist: Mrs. Gordon: Mr. Fosmoen, the proposal to obtain a UDAG grantfor this pro- ject was, made`how long ago.? Mr Fosmoen: The''30th of April. Mrs. Gordon: May T ask you then, how much UDAG money is available for this area? Mr. Fosmoen: Mayor Ferre: It's.not allocated by area, Commissioner, it's'a nation-wide... Well whydon't you explain the UDAG process. Mr. Fosmoen: It's a 150 million dollars per quarter and each project i against each other. And it is not done on a geographic basis. ranked Mrs. Gordon:` Okay, then let -,me ask you_ a very specific question to ma.,-• •ing,the UDAG grant monies. --I understand -there was an:application made or to be made fora development from the Shell City si-te. Now, how does this affect that? Mr. Fosmoen: There has been, it was denied on the first round. We have continued discussions with the people involved in Shell City and I haven't talked directly to them in several weeks but it's our expectation that they can put their num- bers together with a private developer, that way we'd be talking about filing an application at the end of July. For the next round, for the next quarter, for the next period of funding. Mayor Ferre: Would you explain that number one, it's 150 million dollars nationally, there is no geographic breakdown. Number two. .one City can have more than one applica- tion. It can have 2, 3 or 4, and many times several applications in one City are granted. Number three, it's done on a quarterly basis and therefore if what you have into the June round does not conflict with what you have in the September round. Number four, sometimes these matters are rolled over into the next quarter. The fact is that the Shell City application is not, at this time, competitive to this application because it is not in the same quarter nor could we possibly get it in the same quarter because the cut off date I think is on the 15th and the Shell City application was turned down once and what we are trying to do is change it and improve it so that the multiplier factor is im- proved and therefore we can reapply. Until we get the multiplier proper to reapply on the same premise as we were turned down is to court the same answer again. (STATEMENT MADE OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: And it was, we set this out in April. Mayor Ferre: No, wait, wait, I agree with that and I stand on that. Now, let me tell you furthermore that I made it very clear that this was after the UDAG application in Downtown for the World Trade Center. UNIDENTIFIED SPEAKER: Exactly, I understand that. Mayor Ferre: That's right. I told you that that was my first priority and once that was done, this would have the number one priority asfar as I was concerned. Now, we made the application on the month of April. April 30.was the final filing date. Now, is that still pending before the UDAG.?, The application for Watson Island or the application:, the appliction for Shell City. 29 Mr. Fosmoen: filed... Shell Cityhas not been filed, sir, it's not expected to be Mayor Terre: I thought we agreed that we were going to make that application in 'April. Mr. Fosmoen: ...it was to be filed in July. (UNIDENTIFIED SPEAKER MAKES STATEMENT OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer:Yes, but you see, let me tell you, let me just answer something here, and I find no fault with my good friend Maurice, but I; don't think the'rest.of this Commission knows what you are talking about, I don't. I've never been informedabout any commitment or priority. Mayor Ferre: J.L. for. myself. Mr. Plummer:, Okay, so then we understand, okay, that it was the Mayor who made that commitment;, because I'm going to tell you, for one, that' at this point, right now, is the first that I have heard about a UDAG grant for Shell Mr. Fosmoen: ;No,we did tell you about one that was filed previously year, Commissioner, and it was turned down. Mr. Plummer: to be. (LONG STATEMENT MADE -BY DAVID FINCHER OUTSIDE OF THE PUBLIC RECORDING MICROPHONE WAS INADVERTENTLY 'TURNED OFF.` Mayor Ferre: Dave, I'm sorry, we could spend hours on this and the point -is that. what we are on right now is_this UDAG :application �`for Watson Island.' Your:point"' is that your application should have a priority, okay? h, okay, it was denied. Yes, and that's what I` understood. it Mr."Fincher: Yes, sir. And that'sthe main point. Mayor Ferre: Mr. Fincher: That's the main point. Mayor Ferre: made the statement to you and I'mstill,under that commitment, okay? As far as a priority on the UDAG application that after the, World Trade Center this was the next priority as far as -l.was concerned. (STATEMENT BY DAVID FINCHER OUTSIDE OF THE PUBLIC RECORD). Mayor Ferre: No, no, no, sir. I told you specifically that we already had an application for the World Trade Center in the works and I told you that that was the number one priority that the City.... absolutely , I told you that, I'11 tell you, Fosmoen, you were in that office, weren't you? And I specifical- ly said to you we have the World Trade Center application and that's number one priority. As soon as that's done then as far as I'm concerned this becomes my number one priority. Mr. Fosmoen: Mr. Mayor? Mayor Ferre: Sir. Mr. Fosmoen:: I'm sorry. to disagree with you, sir-, but when we Trade Center application hadbeen'filed... Mayor Ferre: That's what I` just said. Mr..,Fosmoen: It was filed on January 31. We at that time indicated that Watson Island was being prepared and it would be filed on the April thirtieth round and weindicated that if the people involved in Shell City could put together a prot. ject and demonstrated they needed a UDAG and that there was in fact a need for' Urban Development Grant funding and they worked with the staff in putting that application together we would bring it to this Commission for consideration for the July 31st funding date. Now, which means that.... JUN 4 1979 Mayor Ferre: And I made a commitment that the July 31 funding date and that one that this project would have priority. That is the commitment that I` made, as far as I'm concerned. Mr. Fosmoen: That's right and the July 31 submission date means that it will be considered in August, September and October, okay? And a final decision on October 30. Mr. Grassier And it's not competitive with this application point. that's the basic Mr. Fosmoen: And it's not competitive with this application. Mayor Ferre: That's what I've been saying all along, that these things are not exclusionary one of the other. Mr. Ronald Fine: May I? Maybe I could help everybody in terms of understand- ing UDAG. UDAG is a fund that Congress has set aside to encourage cities to solve the urban core problem by forcing and assisting private enterprise to work with cities in building projects that create employment for the city people and also to add money into the economu. And they have a ranking system based upon what the effect of the investment is going to be and you can have as many priori- ties in terms of the City Commission's desires as you want but it is the Federal Government that is going to make the decision based upon how they rank, the im- pact on new employment and the impact on the economy. Now, we met in Washington with the head of UDAG and with his associates and they said to us to file this particular application because it creates new employment in the inner core city, because it takes first entry jobs, which very few projects do, that means that the unemployed minority youths in the city today that can't find employment, are ideally suited for this kind of project because they are trainable and employ- able. Directly, this project will employ about 1,500 people of which about 1,300 will be unemployable minority first entry jobs and tat has a very priority on solving the urban problem. It's putting to work and training for a future career unemployed minority youth. That's not the question. Mayor, Ferre: Mr. Fine:` No,.let`me get to the second point. The second point was that this project will`inject $200,000,000 new income revenue into this economy which will create another 4,000-7,000 jobs, so you are looking at a project that will. create employment part-time and full-time for 7,500 to 10,000 people because of its impact, and that's why they wanted the work completed and that's why they recom- mended very strongly that it be in Washington completed prior to June 15th, last point. Mayor Ferre: Nobody questions that. Mr. Fine: Last point, in order to be complete, you need two things. You need a commitment from a financial institution that's going to supply the private capital and we have in our possession and in your keep probably a Letter of Commit- ment from Blyth, Eastman, Dillan and Prescott, Ball and Turbin outlining and satisfactory to the Federal Government that they will buy $55,000,000 worth of bonds. Number two is you have in your possession a written commitment from bond counsel acceptable to the underwriters that if this amendment is approved by the City and executed that this issue will be tax-free. The Federal Government insists upon knowing that once they make a grant that the project is going to be completed and they've gone through all of the testing that has to be done to get to that point. So the priorities of the Commission are helpful in explaining the City's indication to the Federal Government but the decisions are made upon what the impact on the inner core is, how it affects minority employment and how it affects the economy. Mrs. Gordon: I don't want to dispute that this would probably employ people but there are many other projects which could be introduced into, the core area and the surrounding core area and even this project that we are talking about right now who would do exactly the same, so, I mean.... Mr. Fine: Nobody is arguing as to any project, what we are saying is that this project is at the point where it is ready to move and to employ -people very rapid- ly. It will create' within six months 1,500 construction jobs. Mayor Ferre: All right, let' got to move along. hear...Dave, let's wind up this, becausewe've 31 JUN 4 1979 MR. DAVID FINCHER MAKES A LONG STATEMENT, AGAIN, WITHOUT THE AID OF THE RECORDING MICROPHONE UPON RESEARCHING TO RECONSTRUCT THE BASIC THRUST OF THIS STATEMENT, THIS OFFICE FINDS MR. FINCHER STATED THAT THEY HAD NEVER HEARD OR BEEN INFORMED OF, UP TO THAT POINT IN TIME, OF THE EXISTENCE OF A PROJECT CALLED THE WORLD TRADE CENTER AND THAT HE WAS PROMISED BY THE ADMINISTRATION THAT THE ONLY PROJECT THAT WOULD BE PRESENTED FOR A UDAG GRANT APPLICATION DURING THE MONTH OF JULY WAS TO BE HIS PROJECT. Mayor Ferre: I agree with everthing you've said. You've said it a little bit loudly but I agree with everything you've. said. You haven't said one thing that didn't happen exactly as you said it. Mr. Fosmoen: There was one additional comment, Mr. Mayor, and I. think that: it needs to be put on the record and that is that they submit and bring in a pro- ject that demonstrates a need for UDAG funding. Mayor Ferre: They understood that. Look, let me, ..because we are kind of Y getting excited and I think it's important that we don't lose respect. quoted it what you said is exactly what happened, word for word, I think you've exactly. Now, when we met eaher it was lication.inWepvelor madein March, sever 1, weeveCity beenf Miami had already made a UDAGpp applica- tions, several times for UDAG applications. Now, the two pending UDAG app tions, and you are right band I efore us. I toldted, you atre thattson timelthatdwend wouldswant project that you brought to have the Watson Island project askedthe Fosmoenl asapplication said,and whether therewere therefore yours would be in July. I you said any other applications pending and he answered after I asked him, as because twice, that there were none. Then aid forthat one,as dofar youas I was understandnthat?d,And I I can't speak for five people, I speak made that very clear to you, that as far as I was concerneed that af tsthis would be the priority application for the month of July assuming, that the`.other;-:application that we had pending had moved and second- ly things; lication.' ly that you submit the proper information to justify for the UDAG application. Now, isn't that` the way we left it? (STATEMENT.; IN RESPONSE FROM MR. FINCHER MADE OFF THE PUBLIC RECORD) Mayor Ferre: Didn't I. tell you that we had Watson Island? Mr . Fincher:. Watson Island only. Mayor Ferre: Well, that's all. Fincher: You just said there: was another. one filed. �I�IIII IIIIIIM Mr. . Mayor Ferre: I said I stand corrected, okay? (STATEMENTS BY MR. FINCHER OFF THE PUBLIC RECORD). we don't have the Mayor Ferre: That is correct. The problem is that, as I understand it w, information in for the application...what is the deadline for the July cutoff? Mayor Ferre: Mr.:Fpsmoen: July'31st� Now, do wehaveany other pro Mr.`Fosmoen: I don't have any. Mayor Ferre:, All right, now, so you see you are getting excited over nothing. We have no competition.. You get the figures iintaand Cif weocanssutnt thisetis hingt, Y together by July.=31, this will bethe only...if for__, as"far .as,I''m concerned, I will vote for this being the only a July for UDAG, period. Now, what's the problem? STATEMENT BY MR. FINCHER OUTSIDE OF PUBLIC RECORD) Mayor Ferre: See, you misunderstood all along and you got all excited unneces- sarily. Would you explain where Watson Island...the application for the UDAG and Watson Island came in? ect for the July 31 deadline. (INAUDIBLE n47; mh 3 U N 4 1971 PURSUANT TO THE MAYOR'S REQUEST, MR.' FOSMOEN PROCEEDED TO EXPLAIN THE UDAG PROCEDURE ONCE AGAIN (MR. FINCHER MADE A STATEMENT AGAIN WITHOUT THE AID OF THE RECORDING MICROPHONE). Mayor Ferre: Is there a motion now from this Commission that the City. of Miami: proceed for a UDAG application and that this be the only application for the July 31 submission for Shell City.? Mr.,Lacasa: I so move. Mayor Ferrer. Mrs. Mr. Plummer: Dave, I'm sorry, I am at a total loss to vote for such a motion. How much is the appl ication, what is it going to do? Mrs. Gordon: Mr. Plummer: (INAUDIBLE STATEMENT OFF THE PUBLIC RECCRD Mr. Plummer: Wait a minute, sir, please. If I asked a question of you.I would appreciate your answering. I'm looking to the Administration to keep this Com- mission informed. You know, real quickly, Mr. Grassie, if nothing else, how much is their application? Mr. Grassier Commissioner, I think that the motion is one of intent and would have to be conditioned by the fact that they with their developers have to pre- sent the necessary information so that in fact the City would have an applica- tion that we would bring to you, which they have not done so far, they still have to do that. Mayor Ferre: But this Commission is stating a policy, the policy is that this is going to be our application for this particular round of UDAG application ending July 31 on those conditions. Obviously, if they don't bring the support information together that would qualify it you know that we may go through the paperwork but you know what's going to happen, it's going to get shutdown. We are setting here policy, if this motion passes which has now been seconded by Rose Gordon, that if it passes that's our policy. (INAUDIBLE STATEMENT MADE OFF THE PUBLIC RECORD) Mr. Fosmoen: Mr. Mayor, the discrepancy that is bringing out is that there are developers who are interested in that site without UDAG funding. Mayor Ferrer Mr. Fosmoen: We can't help that and, obviously, that will all. come out during the UDAG discussion, when it comes up before, you know, the application with Washington. If somebody already is going to buy that pperty and is going to put up a project without UDAG funding that, obviously, you going to have to relate that and you know what that's going to do, that's going to kill that application, those are the chances you are taking. Mr. Lacasa: Well, yes, but what Mr. Fincher is asking is for the City of Miami to tell the County that we are going to support the UDAG application fox the coming quarter Mayor Ferre: Absolutely. Mr. Lacasa: ...and then that is what we can do, we cannot do more than that so that we do, and what I suggest is that the Administration does that, and tells the county and then if the county goes inanother way, it ifeelthe is what webut have we have come all the way to support this application which we to do. Mayor Ferre: Further discussion. J U N 4 1971 Mr. Plummer: Yes, Mr. Fincher, I'm sorry, I don't want to vote against you but I'm being forced into a position. May I even inquire as one vote on this Com- mission, what is your project? I don't know. Mrs. Gordon: Didn't you arrange a helicopter? You just said you did. Mr. Plummer: I didn't. If I went on a helicopter... UNIDENTIFIED SPEAKER: No, you didn't. Mr. pluznmer: Thank you, I feel at least I have my feet.... (INAUDIBLE COMMENT NOT PLACED ON THE PUBLIC RECORD) Mr. Plummer: I could not go. But all right, once again what is the project? LONG STATEMENT BY MR. FINCHER EXPLAINING WHAT HIS PROJECT IS ALL ABOUT AND WHY THE NEED FOR THE UDAG APPLICATION. AGAIN, WITHOUT THE AID OF THE RECORDING MICROPHONE SO STATE- MENT DID NOT GET ON THE RECORD. Mrs. Gordon: You know, I'm going to point out the real problem in all this. conversation and that is that anybody who has an interesting idea should come to a full Commission and not to a single member of the Commission whether it is the Mayor or anybody else and that is the problem. Apparently our Administra- tion is very happy to participate in that fashion and maybe it's good but I don't think it is, I'm sorry, because J.L. knows absolutely nothing, I knew a day or so ago when you called me with your problem and I brought this up to the table for discussion but other than that I had no idea that you were meet- ing with the Mayor or with the Administration or anybody else, or Father Gibson was involved or anybody else was involved. I no knowledge whatsoever about it and I just feel kind of left out as I'm sure J.L. Plummer even more left out because you briefed me on the telephone. Mayor Ferre: All right, call the, roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption. MOTION NO. 79-408 A MOTION OF INTENT OF THE CITY COMMISSION THAT THE CITY MANAGER BE AUTHORIZED TO PROCEED WITH THE FILING OF A UDAG APPLICATION FOR RE -DEVELOPMENT OF THE "SHELL CITY" SITE ON JULY 31st; FURTHER STIPULATING THAT SAID APPLICATION BE THE ONLY ONE FILED ON THAT DATE; AND FURTHER CONDITIONED UPON SUPPORT INFORMATION BEING FURNISHED TO THE CITY ADMINISTRATION FOR CON- SIDERATION BY THE CITY COMMISSION PRIOR TO THE FILING OF SAID.: GRANT. Upon being seconded by Commissioner Gordon, the motion was passed adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr.* Mayor Maurice A. Ferre** NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson ON ROLL CALL: *Mr. Plummer: Predicated upon this being a motion of intent to`back the Shell City project for a UDAG grant,. fully understanding that at this time the pro ject is not finalized and will be brought back to this Commission for approval before to grant is actually imposed, I vote "yes." **Mayor Ferre: There are many, many things that go on in this City. Some nf them involve the Fire Department, some of them involve Day Care Centers, some of them involve some of our senior centers, parks, I don't attend to all of the things that are going on nor do I accept the limitation that I cannot talk with. or come to the conclusion myself on this or any other project. That is my prero- gative as a member of this Commission and any other Commissioner is entitled to. do the same and actually does the same. I have no problems on this, I made a mh 4 J U N 4 197% commitment to you, I didn't have any doubt that this Commission would feel the same way I did, I'm sorry that we've had some bureaucratic problems. I think we have had some bureaucratic problems, I apologize personally and for the City and I hope that you can put it all together by July 31, that the application is successful and that it'll come back as Plummer says for final agreement with the UDAG and that we break ground on it soon, and I vote "yes." Mrs. Gordon: I wish you lots of luck. Mayor Ferre: All right, we are now back to Mrs. Gordon, do you want to ask a question? the main theme, M Plummer o Commissioner Gordon indicated _that .when :-the , presentmatter' was finished. she would like to bringup a matter concerning the employees`. and their pensions. Mr. Plummer: Mr..Mayor, there was a request for Mr. Gunderson who is out of -the City. I'm assuming that when Mr. Gundersonis out of the City there is someone here who is in charge and who can speak for him. UNIDENTIFIED SPEAKER: J.L., I spoke to bond ,counsel again thismorning to clarify that, issue that you are addressing that is`-in.some ways a., slight.' contradiction to Gunderson's'answer and they've clarified exactly what`I said to you, again. -CITY COMMISSION RESUMES WATSON ISLAND, DISCUSSION- Mayor Ferre: How many speakers do we, have that want •to be recognized?." Would you yield.to the lady? And then?I'11 recognize you. PUBLIC SPEAKERS: Mrs. Florence Shubin appeared in front 'of the•City Commission speaking': in opposition to the ,Watson Island p,roject,though she failed to turn-onher recording microphone. Statement did, not get. into the public record. Mr. Mike Rappaport appeared 'in'front of.the City Commission;,speaking=in opposition to the -.:Watson_ Island,-�ro ect, specifically raising objections in connection with the tr p, j affic that would be generated by: the :project. Attorney Andrew Hall appeared in objection to the project,. specifically the` fact that in -his opinion the contract had not been properly�advertised.in accordance with charter requirements. Mayor Ferre requests of Mr. Knox: I'll briefly address that point by indicating that this contract as we rendered an opinion in 1977 is in -the nature of a contract for professional services and in the charter requirments for formalized competitive bidding spe- cifically don't apply to contracts for professional services. Mr. Andrew. Hall disagreed with Mr. Knox on the first point and further made'. long statement objecting to the City going into "partnership" with private sector on this project. Mayor Ferre: Now, let me just make one comment then I'll ask for a legal opinion. The City of Miami for example has a golf course, the Melreese Golf. Course, and the City of Miami has somebody that manages it, that we contract for. I. don't see really -except for the magnitude of it- much of a legal difference between one and the other. Now, the specific legal question - we can address the moral later on- the legal question is can the City of Miami enter into this agreement without violating the Constitution of the State of Florida which prohibits joint partnerships or joint ventures with the private sector? Mr. Knox: The Constitutional prohibition refers specifically to those kinds of partnerships which exist in a legal sense where the municipality is in fact a business partner, that is having voting rights on Boards of Directors and that sort of thing. It came about in an effort to curb municipalities' participa- tion in investment schemes specifically in banks and railroads where City of- ficials became members of Boards of Directors of private corporations. There is no Constitutional prohibition against the so-called private sector incentives in order to have private investment in public projects. mh JUN 4 197$ Mrs. Gordon: There is no private investment in this project, you are not delineating the exact situation. Mayor Ferre: Blythe,Eastman, Dillon's $35,000,000 is a pri.vate investmerit. George, let me ask you this. The Constitutionality of this will be questioned during the validation proceedings, won't it? Mr. George Knox: Yes, sir. Mayor Ferre: And therefore the Court will have to rule on your point which, I'm sure, as an adversary to it, I'm sure you will be present to protest it arid I'm sure you will point that out and therefore if our City Attorney is wrong I'm sure the Court will uphold your position when it comes before the Proper jurisdiction. Mr. Hall makes statement on the record to the ends that the City Attorney's opinion might be wrong. Mayor Ferre: But the City Attorney says that it's apparently not wrong. Mr. Fine: Mr. Mayor, in addition, the City's bond counsel Governor Fariss Bryant's firm 'said the same thing, and the developer's •counsel said the same thing. Mayor Ferre: We have three legal opinions, all right, what's your third point. Mr. Hall made his next statement in connection with State taxation but did not avail himself of the recording microphone. Faint statements were picked up by the Public Address System but this office was unable to transcribe his statement. Mayor Ferre: I think that last portion, Counselor, was not -I don't think - a legal question. You didn't posture it as a legal question. Mr. Hall: No, it was not but..REST OF HIS SENTENCE WAS NOT PICKED UP BY THE PUBLIC ADDRESS SYSTEM). Mayor Ferre: Well, I think your posture is one of a philosophical nature and one of a question as to what the role of government is in this whole thing. Now, you know, you can use words and change meanings or speak to the issue, as you will, according to your beliefs. The point simply is this, that what is before us here is not whether or not to utilize Watson Island for the purposes of developing a theme park as defined previously. That the Commission has voted on unanimously on several occasions in favor of. Now, of course, anyone is entitled to change their opinion and say "I was wrong", you know, that's all right, but we've voted on that. Secondly, we already selected somebody to do the project for us, and that was voted upon unanimously, so that's not in ques- tion today. So what is in question today is whether or not the changes that are being recommended are acceptable to this City Commission and whether or not legally that constitutes a breach, or -and we've had legal definitions from our City counsel which we have to go by,that there is no legal impediment to our doing what is before us today. So what is then before us is either a reconsidera- tion of the project -which is one alternative- or secondly, whether or not the terms, as they are presented, are acceptable. Mrs. Gordon: Mr. Mayor, excuse me, but I believe there is another alternative available and one that we have taken as a route in prior days on other issues less important than this one, Mr.Mayor, and that is giving the voters of the City of Miami the opportunity to vote on this referendum, and I would so propose that we do that and we go no further on this project until the voters speak out and say -yes, we are doing the right thing, or no, we are not. We did it for the beer ordinance and, my God, this certainly is a heck of a lot more important than whether we serve beer in the Orange Bowl. Mr. Plummer: Not according to Mr. Robbie. Mrs. Gordon: Robbie wasn't going to . on beer, Mr. Plummer, I believe that this issue should be put on the ballot in November and let the people speak. Let the people have the proposition, let the people understand it, and let the people say -yes, we are willing and we'd like to have a theme park in Watson Island or no, we'd like to have open space as it is now. I would move that as a motion, Mr. Mayor. 1 mh (CV% Ott-, '1111..111.1111M1.111111.11.11i JUN 4 1979 Mayor Ferre: A11 right, there is a motion on the floor. Is there a second? Is there a second? Is there a second to the motion? Do I hear a second on this motion? For lack of a second it dies. Now, Joanne. Ms. Joanne Holzhauser appeared,as a private citizen in opposition to the project,;stating among other reasons, that youths' brought out from the ghetto and employed by this project would not stay on very long. Further stating -that. what the City needed was to construct decent housing. Mayor Ferre: Further discussion. Mrs. Gordon: If I had had a Joanne Holzhauser up here a second to my' motion. Mayor Ferre: Now, let me make a comment, Joanne, in answer to your statement.' just three things. In the first place, with regards to employment, that's exactly what Interama was going to do when they were talking about...When we had the Interama project that's exactly what the Interama project was going to do. Nobody complained about it and the Herald thought that was great then. Number two, well, on the same subject. That's what Disney World does. Disney World employs a lot of kids from the ghetto and does do them a lot of good. and those kids don't stay there forever, obviously, those are part-time students, those are kids that take vacation time or take a semester off to work at Disney World, so I don't necessarily think that that means that just because you are going to work at this theme park that that's bad no more than working at Disney World is bad. Number two, with regards to the Herald and the position of the Herald's editorial. I would accept the Herald's editorial criticism a little bit more if John McMullin, the editor of the Herald, had not told me that he and the Herald would support this project 100% if we moved it away from here and put it across the bay on Biscayne Boulevard or in the Little Havana area which was their, preference. That's a valid argumen., that's a valid criticism, but if that's the basis of the criticism then you can't say I don't this, I don't like that aspect, I don't like this aspect because basically, if he says. that he is willing to accept the project if it is transferred from location what he is saying then is that he accepts the other premises of it. So, there- fore, he cannot use that argument, don't you see? The other argument that I think is valid -as far as I'm concerned- in the Herald editorial is that it is in the wrong location, the traffic patterns are bad, etc., etc. But for him to say -if you move this project over, across the bay, I will supportit then I think kills the rest of these arguments, that's point number two. Now, point number three with regards to how the City of Miami utilizes its funds and for what purpose. I think it is an established premise in government, in local government in the United States, in Oakland, California, throughout California cities, in Kansas City, where cities come in and utilize available funds to in- duce the private sector to develop a strong private commitment which strengthens the tax base. Now, that is what UDAG, for example, is all about, at the Federal level. That is what we did, for example in the John Knight Convention Con- ference Center. That is 'What we did this morning which passed, as I recall, four to one, in the World Trade Center. We are using City funds on which we are getting a return on, etc., to induce somebody to invest $40,000,000. Now, the return on this one admittedly -by me now, I'm only speaking for myself- it's not as good as the World Trade Center, because in effect what we are doing is we are risking $20,000,000 for the private sector to invest $35,000,000, okay, because the other $10,000,000 we are getting from the Federal Government. But, if this project goes well, that $20,000,000 will not be utilized, and therefore, it is a risk factor, at worst,that we spend $20,000,000 and therefore the return of getting $35,000,000 for $20,000,000 is not as good as getting $40,000,000 for $30,000,000- which is the combination on the other one. On the other hand, this property, once it's developed will be the property of the people of Miami. The $12,000,000 figure is only if they are successful because -and I want to make this very, very clear, which hasn't been pointed out- if we kick them out without cause, in other words, we just don't like the way they are doing it, and we kick them out and the project is making a profit, we are ...on the first year, we owe them $4,000,000, period. We do not owe them $12,000,000. That is another misapprehension of the Miami Herald, who has -and I'm sure through no malice- but just didn't under- stand the facts. The facts are that if they are kicked out for cause, they don't get that, but if they are kicked out without cause, it costs us $4,000,000, not $12,000,000. Now, if they are kicked out on the second year, then we pay $4,000,000 plus $3,200,000. If they are kicked out on the third year, we pay that plus whatever else...and obviously, if they are kicked out by the fifth year, if we kick them out on the last day of the fifth year they will have made $12,000,000. Now, with regards to the point as to whether or not they should make $12,000,000, this Commission, unanimously, everybody here, voted - and everybody is entitled to say I was wrong and change their minds- unanimously voted previously for a contract that will let these people do this and have it 3' JUN 4 1979 4 i" for thirty years, twenty years and a ten-year clause, in which they weren't going to make $12,000,000, they were going to make 10 times $12,000,000. So, this contract that is before us is not here because the developer wants this contract, this contract is here before us because the City wants the contract and we are the ones that have initiated it because we were not able to get an IRS Ruling which is nothing unusual and which doesn't mean... -and therefore if we are going back to a one-year, all they are getting is the right to run this for one year. Every year for a 5-year period and they can be kick out every year, on a one-year basis. Now, what in effect we are doing is we are creating not only jobs but we are answering.., we seem to have missed the main thrust of what it is we are trying to do here. We are not trying to create either a competition for Disney World nor are we trying to create a Coney Island. The idea of this is to create a beautifully landscaped theme park which is what was presented before us and they've got to live by that; and this Commission looked at the drawings and voted to put that on that island. And that theme park as it's designed, will have certain amusement things like -and we keep talking about Tivoli Gardens- which will not only be a tourist attraction but will also be something for this community to enjoy. Now, I think McMullin's question is the -in my opinion- only valid question,and that is,is it in the right location, and I think that is a very valid point. It'a a valid question. The rest of these things, this contract before us is as far as I'm concerned a vast improvement over the one we had before and is actually detrimental to the interests of the developer and not to the City. As a matter of fact, if you look at this contract it says -should in the future the IRS rule otherwise they want to go back to the old contract, you bet you, because it is a better, contract. That's -what's before us. Mrs. Gordon: Mr. Mayor, let °me.ask you a question. is a better contract for the City!, when we don't have fit? How do you feel that it any guarantee of any pro Mayor Ferre: We11, that..Ronney why don't you answer that and then I'll supple, went because you are the guy that has „to live with this.: You explain why this is a better contract and why is:it a. worse contract for.you and why is it a better contract for the City, and then I want Gilchrist, and then I'll give you the rest of the answer. Mr. Fine: The first question is that all projects are built on projections, whether they are hotels, or they are shopping centers, or they are theme parks. Those projections have to be done by people who have an up proven tract record that the people that are going to finance the project, whether it be insurance companies or bond buyers, etc. are willing to accept those projections based upon passed performance. These projections are so strong that they can sell private bonds without any recourse except the ::-1come of the project for $35,000,000 worth. Now,that's the basic assumption upon which everything is built. You build the hotel, you assume people are going to come to stay at the hotel. You build a house, you assume people are going to come live in it, so in terms of the assumptions of the feasibility, those are being made not just by the City, nor just by the developer, but by the underwriters and by the people who buy the bonds. That's where the real test of the economics is. It is not a matter of what we think or you think. It's going to_be a matter of what the people who put up the hard dollars are going to think. Number one. Number two is assuming those projections are right, then over the life of the contract based upon those projections and giving no way for infla- tion, or no way for increase after the third or fourth year, this project will produce at least $125,000,000 for the City and under the old contract it would have produced $125,000,000 for the developers; or, a quarter of a billion dollars income into the project in terms of net income. Now, the City has the opportu- nity of, theoretically, that if the project is successful, at the end of the first year, they can buy the project out with $3,200,000 to pick up the other $125,000,000 which will return to the City over this period a quarter of a mil- lion dollars in income coming in every year. Twelve million dollars a year net income into the City with or without the developers. Without the developers maybe $25,000,000 a year income into the City. That's what this project has the op- portunity of producing for the City that no other project that the City is in- volved in, that's point one. Point two is that in good aith -because we be- lieve that the project is necessary both for employmez+ and tourism, particularly tourism, the closest attraction for our tourist indusry 's in Orlando and we have to have one of comparable capacity, comparable :,ature, comparable enjoy- ment that has to be here. And in the interest of accepting that principle, that's the second reading for taking it. The third reason is that inflation keeps raising the cost of the project and at some point it will make it more 38 J U N 4 1979 • difficult for local people to afford, because for $3.50 somebody can buy a pass into the park and go as much as they want any time they want. Number two is that this is a low -admission park, it's based on $1 for children and $2 for adults, probably half of what the movies are running, at this point. So those are the major features, and the developers are going to be at the risk totallytat the risk and mercy of the City and we are prepared to do that because we believe that the project is needed and necessary. Now, let's take the other issues. The other issues are very subjective. We have from both the County, Department of Transportation that did the studies for mass transit and are doing it for the Downtown People Mover, etc., and for everything we have a study that says that the capacity of the road of that highway is more than sufficient. At no time do we get more than 60% capacity. We have what we consider the finest traffic engineering firm in the country, Wilby, Smith & Co., said substantially the same thing. Notwithstanding that, this project is subject to a DRI and these issues have to be readdressed and revalidated in the DRI. The legal questions, the legal issues, notwithstanding that three separate legal entitles that deal in municipal law in Florida day in and day out have said it's valid, are going to have to be addressed by the courts in the validation of the bonds. So the subjectiveness of these positions have true test, and what are they? The tests are the buying of the bonds by private people, the validation of the bonds by a court system and the approval of the studies by the DRI process. Those are the constraints that we nut on the project that will stop the protect if there is anything wrong. Mrs. Gordon: And how long a period of time from this point to that point? Mr. Fine: We think it can be done within six months. IP 4 lb Mrs. Gordon: MAY. So why wouldn't this Commission be willing to let the voters say they think this is as good as you think i 9 Mr. Fine: UDAG is the key to moving this project now. UDAG has said that by June 15 they must have the Resolution from the City of Miami, they must have a commitment satisfactory to them from the underwriter and all of the other materials updated and validated that we have to do. If we miss June 15th, then (a) we don't know or don't are going to be in competition with a other projects of the City; know whether the funds are going to be available at that time. I can tell you that we have been encouraged at a national level by UDAG on this project and they have suggested very strongly not to miss the June 15 deadline that's why we are here today, because this is the last meeting before June 15. Mrs. Gordon: Mr. Mayor, I understand all the points you are saying and if all of those things were done and so on and so forth and still at six months down the road would you, Mr. Mayor, as an individual be willing to put it on the ballot? Mayor Ferre: Let ne answer that on the record and I wasn't avoiding it before I was just getting...obviously, when I didn't second your motion, I spoke spe- cifically. There is a difference between beer and this issue in my opinion because the beer issue is a moral issue. I think there are people who object to drinking and selling of beer on moral grounds. That's something that, you know, is like when we get into religion, you get into moral issues and in my opinion that's something that perhaps we can go out and let people decide. The last thing that I was going to answer to Joanne Holzhauser is...is she still here? Yes, I see her, excuse me, as I do on many, many occasions on things that we disagree on is I submit myself to the people for their approval every two years, and the rest of this Commission submit themselves every four years. Now, this issue of Watson Island was voted upon by this Commission before the last election, and I went around when people challenged me and said Watson Island is bad and I said -fine, you don't like Watson Island, you vote against me. If you don't like Watson Island, if you have a problem with Watson Island, I did that two years ago, I will do it again this year. I stand on my record, I stand on the things that I voted for and I don't have any problem on that. Now, the opportunity will be here on November. I voted for this project before, this Commission voted for it unanimously. It was an issue in my campaign two years ago. I stood before the people and the people voted in my campaign and voted for me. They could have voted as a protest on this issue. Now, let me tell you something else with regards to the question of voting. We don't put to a vote the Knight Conference Center. We don't put to a vote the remodeling of the auditorium here in Coconut Grove, we didn't put to a vote some of the things... mh JUN 4 1979 Miamarina. We didn't put to a vote...I don't know of any project that the City of Miami or Metropolitan Dade County other than when there is a bond issue, that we have put to a vote. Now, I don't see why, after this Commission has unanimously gone on record and has stood through an electoral process on two different occasions, no one occasion, why we should consider that this is such a uniaue protect that we are going to put this on e on a vote. And therefore my answer to you is I will not second the motion. I think we live in a democratic republic. People in a democratic republic elect people to make these types of decisions. I'm willing to stand on my record. Ms. Joanne Holzhauser rebuts in long statement and expresses her total disagree- ment and displeasure in connection with the City Commission's position.. Mayor Ferre: All right, next speaker, we've got to wind another. Mr. Rappaport makes statement into the record in connection with the opening of the bridge at peak hours of trafficand in general expressed concerned with the traffic structure of the project. Mayor Ferre: I think that's a valid point and I want to tell you why I'm not worried about it, because before now and D day we have to pass through a regional impact"study and therefore the State is going to have all the opportunity and you are going to be there, I know, and you are going to challenge it and you are going to say, and these are the figures and your figures are wrong and Save Watson Island is going to be there and you are going to have the traffic en- gineers that are going to say and the State and the Regional Impact Study say - hey, those Wilbur, Smith are wrong and the DOT is wrong, and that's it, it dies. Number two, Blythe, Eastman, Dillon, and what's the name of that Cleaveland firm? (INAUDIBLE RESPONSE)..Prescott, Robinson and so and so, they are going to have to come up with $35,000,000 and unless they are absolutely certain that their investment is going to be....they are not going to...listen, those houses have got 10 times more calls for money than they've got available to give out and they arenot about to finance something that is going to cause them any kind of embarrassment. MR. RAPPAPORT RESPONDS, STATEMENT NOT PLACED IN THE PUBLIC RECORD. Mayor Ferre: Then the. Regional Impact Studies are going to say no, or Blythe, Eastman, Dillon is going to say hey, fellows look, we are not. going to put any. money: in something where the bridge might go up, and that might impair the success of this, and we don't believe it's going to be successful. MR. RAPPAPORT RESPONDS, STATEMENT NOT PLACED ON THE PUBLIC RECORD. f of the recording Mr. Rappaport rebuts but in doing so, did not avail himse microphone, so statement did not get into the record. Mayor Ferrel But we will have Wilbur,'. Smith before the State. tion procedure, and before the to defend those feasibility studi es.alongwitn,- and the Regional Impact Study,before the valida- underwriters. Mr. Rappaport : .... This isn't the end of the line? Mrs. Gordon: Mr.Mayor, question on the employment factor of the administrative personnel who.will be asked...and in the contract it does not specify how much time,,but.time will be devoted and all our other resources given willingly to the project,how will the City be reimbursed for their time and —that's just one item. Then another one is the fact that the energy crunch has come about since;1977 and that presents another problem as to whether or not the economic picture will be as rosy as it was back in 1977. I realize that you feel that people will still be flying in even if they can't bring their cars down but I' can assure you that I had a flight cancelled on me from Boston last week because of the fuel shortage. I think this indicates a trend that we have look forward to and... Mr. Fine: Let me remind you of two things. Number one is that the break even point for this project is that if this project has an equal draw to the Dade County Youth Fair, it has an equal interest as the Dade County Youth Fair, it only has to be open for 30 days and enough local people will go to it for the project to break even for one month. Now, those are facts, in 10 days the Dade County Youth Fair draws excess of f 600,000 people most of whom come within a 10-mile radius, so therefore all we need is 1,800,000 and if we were open for 30 days the local people would make it viable to start with. Number two is the draw for people today is they have to drive to Orlando, and here they are going to be in Downtown, because one of the assistants in the future of this project is to tie the Downtown People Mover into this site, so that it will go over it and we won't be dependant upon whether the bridge opens or not, looking down the road. And number three is there is now in study a water transport system study. to Mrs. Gordon: I know, I proposed that for 5 years, Mr. Fine, it was not an original idea of this project, you know. Mr. Fine: It's now being funded, and the study is being funded. Mrs. Gordon: I know, I just want everybody to know that the waterboard transportation system I proposed in 1974 or 1975 to this Commission has been sitting around in the dark recesses of City Hall and now it's suddenly going to be borne because you need it for this purpose. I believe that there are a number of reasons why two years ago this was a more attractive proposition to me than it is today and one of those reasons is the traffic problems that have arisen on the Rickenbacker Causeway which indicate that it's an impos- sibility to get people on and off of that island. I'm sure here you have other alternative causeways which people possibly could use in times of emergen- cy but that doesn't change the fact that there are some people who live on this causeway who are going to be absolutely blocked in by the kinds of traffic con- gestion that will take place. The People Mover that you are talking about pos- sibly extending it, they don't build that for nothing. Where is that money going to come from? Mr. Fine: I can address it very simply, very quickly. Rickenbacker Causeway has no relationship to this causeway at all. It's a one-way dead-end with four lanes of traffic and has no relationship, and that problem could be solved by probably $10,000,000 expenditure,part of which is in the progress of bonds, as you know, and that's a solvable problem today. But that has 10 times...it has no relationship, it's a dead-end island... We don't have that because we have flow between two cities and the way the traffic comes.., and we have exist- ing today 6 lanes that could be increased to 8 lanes. Number three is that I think that the revenue of the project will be sufficient enough for the City, if it desires, to build the connection into the People Mover. Re- member, the Herald moved the People Mover half -way to Watson Island. They took it off of Biscayne Boulevard and moved it down to. Bicentennial Park and it's now half way to Watson Island, so it makes it a lot cheaper to do today than it did when we started this project. Mayor Ferre: All right, further questions from members of this Commission? All right, Mr. Plummer. Mr. Plummer:' Mr. Gilchrist, let me understand correctly. The developer in concert with the City, the monies that are being spoken about are after all expenses on a:50/50 basis? Mr. Gilchrist The original projections were 50/50 after all expenses. Mayor Ferret Including the payment of the bonds? Mr. Gilchrist:Including everything, that was Mr. Plummer: s So in other words, am I then to developer is going to make $12,000,000..." Mr. Gilchrist: That is correct Mayor Ferre: We've got to make twelve: Mr. the net profit. understand correctly, if th Plummer: ...then this City has to make`$12,000,000.. Mayor Mrs. Mayo was asking was... Mr: Fine: The City has the right to terminate, first f" bills aren't paid,the City terminatesfor cause. Mayor Ferre: For cause and we don't owe.. you Mr. Fine: That's correct. Number two is if it's only making $12,000,000 and let's=say you are paying us $3,000,000"and ;You are unhappy with the "twelve, . you could buy out the contract, each year. Mayor Ferre: Let me give you another condition.Suppose in the first year okay, instead of making $8,000,000 where you get your...S4,000,000, we make $5,000 000, now what do we pay you? Ferre: What. happens if the City doesn't make twelve Gordon: There' is no guarantee. r Ferre: No, no, you didn't hear what `hesaid. Now, what in effect Plummer 4 anything. of all, i all of the mh J U N 4 1979 Mr. Fine: You pay us the $4,000,000, but you can cancel the contract. Mr. Plummer: That's not the point, the point I was getting at and I think the Mayor is trying to get to is if....look, in the first first, Mr. Fine, you make $4,000,000, that's in the projections. If it were to come up that the first year there was a $10,000,000.net profit... Mr. Fine: That's all we make. Mr. Plummer: ...you make $4,000,000 and then the City makes $6,000,000. Mr. Fine: We no longer share -revenue, that's what's part of'the tax change. They would not<;allow us to share the profits with the City. The City must'have all the profits above the fee. Mayor Ferre: On the plus side we come out better, on the negative side they come up better up to $12,000,000 except that if we want to buy out their contract without cause, we could pay them their $4,000,000 and buy them out and they are out, and in the next year whatever monies are coming in we've got. So, you know, L:think the safeguards are...once you understand what this is all about this is a substantially better contract for the City and a substantially worse contract for the developer and that is why they are insisting and I don't blame them,to try to keep on the availability should the IRS rule, for what period of time? Mr. Gilchrist: Until, the opening; day. Mayor Ferre: Until the opening,if the IRS rules before the opening:. day that they can go back to the.5-year contrayou know darn well they are going .to'go back tothat.° Mrs. Gordon: Well, they would. prefer it because: of the security of having a thirty years, but I maintain that although that factor in itself was not a very attractive one at the time nevertheless it was still a share profit but share a possible loss, and in this case there is only a share of profit and any pos- sible loss is ours, and there is a $20,000,000 that we are pledging which we need. This City absolutely is critical to have every single other than ad valorem tax dollar available to provide services to the people of this City, and this City.. I don't know where we are going to find the $9,000,000 we are already short but if we have to pledge some of that income we receive from franchise fees and license fees and other fees as security for this project we can't use them for two separate things, we can only use them for one. Mayor Ferre: Now, the. question, of the share of loss, if there is a loss in this projectthen we can kick these people out for cause. Mr. Fine: Mayor Ferre:. Mrs. Gordon: You fire: them and then what? You are left with a project, what are: you going to do with it? Mayor Ferre: But the point obviously is that the statement that was made that they share in the profit but don't share in the loss, they never did share in: the loss, they never were liable for anything in the 30-year contract. All this does now is give us the ability to fire him which we didn't have before in the same way. And this is a much better contract for us. Now, are there further.questions? Mrs. Gordon: I'll tell you then, I'm glad it's coming up for reconsideration today because if it's that bad, that we voted affirmatively all of us, and it was that bad, then I think that more than one of us made amistake. Mayor Ferre: All right, I'm going to recognize Mr. Hall and then close it up, because everybody has to leave. Mr. Andrew Hall makes final statement but did not avail himself of the recording microphone.Statement did not get into the public record. Mayor: Ferre: All right, in answer to that I would simply say that under that philOSOPhY the New York World Trade Center would never have been built. Under that philosophy,_ the Crown Center in Kansas City would have never been built. mh 42 J U N 4 1979 Mayor Ferre(cont'd): Under that philosophy, the Oakland Coliseum would have never been built. Under that philosophy, the James L. Knight Center would have never been built. I think we have plenty of precedents throughout the country and here in Miami, and it's a question of judgment. Is it the judge- ment of this Commission that this is an appropriate project, in the proper place, under the appropriate contract. The bottom line to me is this. I've already voted and we have that this is an appropriate location, to me that's not a question anymore and if it is it will be turned down at the appropriate time before the State DRI. The question of the appropriate project I think is going to be answered by..it isn't that Blyth, Eastman, Dillon is going to make the fee, it's that Blyth , Eastman, Dillon, who has a sterling repu- tation to maintain, isn't about to get involved with something that's going to go down the drain, and their tract record shows that. And the third point, in my opinion, is whether or not this contract before us is an improvement on the previous contract and, in my opinion, it is, and therefore I have no problems in concluding that I'm for it that let's go and, as a matter of fact, I'll be happy to make the motion to that effect. Mrs. Gordon: Mr. Mayor, just to correct the records, for one thing. That the Convention Center Hotel complex did not raise any objections from any sector of this community, none whatsoever that I can recall a single, solitary ob- jector ever coming here and saying don't do it, that's a bad project.• What you are facing here today is entirely different. You've got a very strong objection to this project on its location as well as its financial structure andI be-` lieve we owe it to the people of our community to let them speak to this issue and not hide our heads in the sand and say -we like it, if you don't like it; then` you don't vote for me. That isn't really a fact, they have a right to<vote.`for or against this project, because this project is that important to thiscom munity's welfare. Mayor Ferre: Rose, would you hold that true for everything? Rose, would you hold that true for every project that the City does that is controversial? Mrs. Gordon: Mr. Mayor, in certain instances would and in this one I'm very certain: that the right thing is to take it to the voters. Mayor Ferre: Well, this is the first time that the City of Miami would have ever done that since 1896 that I know of, which doesn't mean that it's wrong but, I' mean, it would be the first time. I_ certainly feel that we've gone far along on this. I went through an electoral process two years ago when this was an issue, and I kept saying, this is what we've done I stand on it and I stood on it then and I stand on it now. I think this is an improvement rather than..I think this is going forward rather than in regression and I want to tell you that we've got a long way to go on this. I said some time ago that I didn't think we had better than a 50/50 chance. I'm not too sure that we've got a 50/50 chance now. In the first place, look at all the things that could go wrong with this. Number one, the UDAG people can say "no" and that, in my opinion, certainly is going to kill the project, or certainly it's going to delay it until we find other sources of money. Number two, we have a State Impact Study and that can go wrong. Number three, this has got to be validated before the Supreme Court of the State of Florida. And that's going to be challenged by you, I'm sure, and by others and if not there in other courts for other reasons, that'sthe third place where we have...and fourth, to me the most important is that somebody is Eying to have to put $35,000,000 on top of the barrel head to make this project a reality. We have a lone way to go, but it's time to move. Mrs. Gordon:' Those somebodys are panieswho are going to.... Mayor Ferre: Recommended by Blyth people who will buying the bonds, the coin Mrs. Gordon: Okay, but they are not putting their money out in the project, they are just going to be offering a solicitation to the public. The public; is going to relay on them, certainly, before they buy it but on the other hand it's not their dollars that you are talking about. And then there is another factor. The location probably could be improved upon, as without a doubt there are locations that would be better from the economic standpoint for the benefit of those people who are going to use this theme park. A theme park in itself is not a bad thing but a theme park in the wrong location is and that's just one factor. Mayor Ferre: Rose that was all true when you voted for it last time. I know, Mr. Mayor, I made a mistake last time, I'm big enough r J U N 4 1979 to say I did. I would like you and this Commission to consider two things. One, offering this as a referendum to the voters in November on this location, and two, offering a theme park to the voters on another location. There is a couple of very choice other sites that could be considered. One in Downtown Miami, the property that we presently have under condemnation is a possible site. And the second possible site is the one that is closer to 36th Street the one that you, Mr. Fine, are even considering as a land bank for a possible sports complex and whatever, that site might be available and might be suitable for a combination of a sports site and a theme park. There are many alterna- tives and we were ramming home something because we don't want to waste any time to get this thing going. No, Mr. Mayor, I think that the time has come where we need to reconsider what we've done as to whether we've done the right thing or the wrong thing. And if you feel it's right, fine, but let the other people say whether they think you did the right thing. UNIDENTIFIED SPEAKER: Makes a statement stating that the money involved is; how much it would cost to build a brand new Orange Bowl and that such would also be a money producing project. Mayor Ferre: If we could get these kinds of returns from a football stadium believe me we would have Blyth , Eastman, Dillon going out and trying to sell them. There isn't a football stadium in this country that makes any money, not one. All right, I' made a motion and I pass the gavel over to Plummer. Mayor Ferre: The motion is approving in principle -I'm sorry- approving a revised agreement for development of. Watson Island following consultationwith the IRS and approving other matters pertaining to this development as it is before us in item H and as clarified under discussion. Mr. Plummer: Is there a second? Mr. Lacasa: Second. Mr. Plummer: Mr. Mayor, I will take just a minute under discussion. I think the thing that has really been overlooked today that was addressed in the full blown many hearings that we've had before this Commission is whether or not there exists a need in this community for something to attract the number one industry that we have -tourism. I fully understand that these people that are sitting here today with the exception of Joanne, all are operating from a theory that it will affect them directly and I understand that, they live on Palm Island, very close by, and yes, I'm sure that in some way it will have an effect on them but they are not residents of the City of Miami, they are residents of the City of Miami Beach, I said with the exception of Joanne whose situation is much dif- ferent, of course. We are all in favor of progress as long as it does not af- fect me. Do what you want and if it doesn't affect me I'm all in favor of it. Mr. Mayor, I felt that the vote previous to this there is a tremendous need for something in this community. And very briefly, I think that the statistics that the Tourist Promotion Department gave us before speak to that need. Thirty six million people came to the State of Florida last year. Mayor Ferre: How many? Mr. Plummer: Thirty six million. Unfortunately, only twelve million went fur- ther south than Orlando. Twenty-four million didnot go further south. They stopped. Why? They had something for the children. They had a beach in Daytona. There is nothing here. When we stop -and a good friend of mine asked me yesterday- my wife is coming to town, what is there to see, what is there to do. There are on one hand the things that are offered to the people of this community to show with pride with what these people want to see. I addressed the problem before. The thing that gulls me -that port directly across -I can't say across the street, but across the waterway- is now handling in excess of one million passengers a year who never see the streets of the City of Miami or Dade County. They come in on chartered planes, get on a chartered bus and eo to a chartered boat and are gone. They return to Miami, get on a chartered bus go back to their chartered plane and go home. There is not a reason. The reason is simple. There is nothing to attract them, there is nothing for them to do. Now, I feel that this which is proferred before us today is something that this City desperately needs. We must have something here to attract the people. To stop what customs calls out here "the M.M. crowd'. The people who come from Latin and South America who get off of that airplane and go directly to Orlando. The "H.M. Crowd". You know why they go directly to Orlando? There is nothing here to offer to them. This is something we have to offer. mh 44 J U N 4 1979 • Mayor Ferre: And we've got the statistics to do that. Mr. Plummer: Let me conclude by saying this. I think that the potential of income to this City -without question- is important. And the fear of a de- ficit is more important. But let me tell you something, as far as I'm con- cerned, you are talking about a total project of $65,000,000, If every- thing tomorrow goes sour, the people who bought revenue bonds are out of the, window. The people of the Feds and UDAG are out of the window. This City could acquire a tremendous park facility for the involvement of a third of the cost and still does not prevent us from operating something similar or scaled down. Mr. Mayor, I never agreed with your thing of "behold the turtle if he doesn't stick his head out he doesn't get anywhere". Mr. Mayor, that decision was made before this Commission a number of years ago. I feel that there are enough safe -guards. As I have said all the way along, the final de- termination will not be made at this table. The final determination of whe- ther the Economic Research Associates -who are a pretty legitimate firm, whether their projections are solid. And I think that is the real crux of the matter. Anyone else wants to make an observation? Hearing none, please call the roll. The following motion was introduced by, Commissioner moved its adoption: (Mayor) Ferre, w o MOTION NO. 79-409 A MOTION A MOTION APPROVING IN PRINCIPLE A REVISED AGREEMENT FOR DEVELOPMENT OF WATSON ISLAND FOLLOWING CONSULTATION WITH THE I.R.S.,<AND APPROVING OTHER MATTERS PERTAINING TO THIS DEVELOP- MENT AS MORE FULLY OUTLINED IN RESOLUTIONS NOS. 79-410, 79-411, 79-412, AND 79-413. Upon being seconded by Comissioner Lacasa,;the motion was passed and adopted by the following vote AYES: Mayor Maurice A. Ferre * Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. NOES: Commissioner Rose Gordon.**` ABSENT: Commissioner (Rev.) Theodore R. Gibson ON ROLL CALL: *Mayor Ferre: In voting, let me state that Watson Island is not used as much as at least a dozen other parks in the City of Miami. It's not an overly used piece of property and these are statistical records that we have on it. Number two, let me say that as far as the beauty of Watson Island other than the Japanese Gardens, which will be kept, it is an empty, barren piece of property that in many parts doesn't even have grass growing on it. It certainly doesn't have any trees or landscaping other than some scrub pines that are growing out of there. It certainly is not an ecologically, beautifully landscaped piece of property. Now, I think that the need for this and the main thrust of this has been that we need a tourist attraction that counteracts the quest of many people here for gambling. If we are not going to have casino gambling in this community, and there are race tracts and at least one of them is having the kind of troubles that they are having, and if our hotels are going down on the other side of the bay as they have, hopefully they'll be redeveloped, we real- ly need to have something in this community that will be a major economic mag- net for our basic industry which is tourism. Now, out of 20 metropolitan areas in these United States, every other city, but Miami, has a theme park. Atlanta has one, Dallas has one, Houston has one, Los Angeles has one,Cincinnati has one, you name it, the twenty major mtropolitan areas, everybody but Miami, and we are supposed to be the tourist capital of the world. I think the only valid question is that that was posed by John McMullin to me and that is is it in the right place. I am satisfied that it is in the right place. I reaf- firmed that today with my vote and I also reaffirm the fact that this is sub- stantially better contract for the City of Miami than was the previous one that we unanimously accepted, and I vote "yes". **Mrs. Gordon: I vote " "_ for reasons already stated. JUN 4 1971 i_ 1 11(A). AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN THE CITY AND DIPLOMAT WORLD ENTERPRISES, LTD., DATED NOVEMBER 11, 1977 IN ACCORDANCE WITH TERMS OF AMENDATORY GREEMENT. Mayor Ferre: through 8(A), formally have Mr. Plummer: All right, Mr.. Plummer, I move item 8(A). We've got to go (B), (C) and (D) because those are the Resolutions that to be moved. Is there a second to 8(A). Mr. Lacasa: Second. Mr. Plummer: Any discussion? Hearing none, The following resolution was introduced by Commissioner who moved its adoption: call the roll. RESOLUTION NO. 79-410 ;Mayor) Ferre, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND DIPLOMAT WORLD ENTERPRISES, LTD., DATED NOVEMBER 11, 1977 IN AC-; CORDANCE WITH THE TERMS AND CONDITIONS OF THE ATTACHED AMENDATORY AGREEMENT. (Here follows body of resolution, omitted here and; on file in the Office of the City Clerk). Upon beingseconded by Commissioner Lacasa, the resolution was. passed and adopted by the following vote: AYES:. Mayor Maurice A. Ferre. Commissioner" Armando: Lacasa Vice Mayor J. L. Plummer, Jr NOES: Commissioner Rose Gordon ABSENT: Commissioner (Rev.) Theodore R. Gibson 11(B). AUTHORIZE CITY MANAGER TO EXECUTE INVESTMENT BANKING AGREEMENT W/ PRESCOTT, BALL, TURBEN & W/ BLYTH EASTMAN DILLON & CO. INC. FOR THE SALE AND ISSUANCE OF $55,000,000 IN REVENUE BONDS TO FL ANCE "WATSON ISLAND PROJECT". Mayor Ferre: I move 8(B). Mr. Lacasa: Second. Mr. Plummer: Discussion on 8(B). Hearing none, call the roll. The -following resolution was introduced by Commissioner (Mayor) who moved its adoption: RESOLUTION NO. 79-411 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INVESTMENT BANKING AGREEMENT WITH THE FIRM OF PRESCOTT, BALL & TURBEN AND WITH THE FIRM OF BLYTH EASTMAN DILLON & CO. INCORPORATED FOR THE SALE AND ISSUANCE OF REVENUE BONDS IN THE AMOUNT OF $55,000,000 TO FINANCE THE WATSON ISLAND PROJECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ATTACHED AGREEMENT; AND FURTHER APPROVING THE SAID FIRMS TO ACT IN THE CAPACITY AS THE SOLE MANAGING UNDER- mh 4C; J U N 4 1979 (Res.79-411 (coned) ): WRITER FOR -THE NEGOTIATED' SALE AND ISSUANCE OF SAID BONDS. (Here follows body ofresolution, 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: Mayor Maurice A. Ferre Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. NOES: Commissioner Rose Gordon. ABSENT: Commissioner (Rev.) Theodore R. Gibson 11(C). RESOLUTION CONFIRMING INTENTION TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CITY'S COMMITMENT TO CONSTRUCTION & OPERATION OF THE "WATSON ISLAND PROJECT", etc. Mayor Ferre: I move 8(C). Mr. Lacasa: Second. Mr. Plummer: Any discussion on 8(C)? Call the roll. The followingresolution was;, introduced by Commissioner (Mayor) Ferre, who movedits adoption: RESOLUTION NO. 79-412 A RESOLUTION WHEREBY THE COMMISSION OF THE CITY OF MIAMI CONFIRMS ITS INTENTION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO COMMIT THE CITY OF MIAMI TO THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THE WATSON ISLAND PROJECT; WHICH RESOLUTION THEREUPON COMPLIES WITH THE REQUIREMENTS OF HUD IN ITS REVIEW OF THE CITY'S APPLICATION, DATED APRIL 30, 1979, FOR FEDERAL ASSISTANCE UNDER THE URBAN DEVELOPMENT ACTION GRANTS PROGRAM WITH RESPECT, TO SAID PROJECT. (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: Mayor Maurice A. Ferre Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr.'. NOES: Commissioner Rose Gordon ABSENT: Commissioner (Rev.) Theodore R.:Gibson 47 JUN 4 1974 11(D) APPROVE AGREEMENT BETWEEN THE CITY AND FIRM OF ECONOMICS RE- SEARCH ASSOCIATES, TO PREPARE POLICY MANUAL AND REVISE ITS FEASIBILITY STUDY OF APRIL 1978 FOR THE "WATSON ISLAND PROJECT" Mayor Ferre: I move 8(D). Mr. Lacasa: Second. Mr. Plummer: Anydiscussion on 8(D). Hearing none, call the roll. The following resolution was introduced by Commissioner (Mayor) Ferre, who moved its adoption: RESOLUTION NO. 79-413 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND THE FIRM OF ECONOMICS RESEARCH ASSOCIATES, TO PREPARE A POLICY MANUAL AND TO REVISE ITS FEASIBILITY STUDY OF APRIL 1978 FOR THE WATSON ISLAND PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $28,000.00 FROM THE WATSON ISLAND CAPITAL IMPROVEMENTS FUND FOR SAID AGREE- MENT. (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: ' Mayor Maurice A. Ferre Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. NOES: Commissioner Rose Gordon ABSENT: Commissioner (Rev.) Theodore R. Gibson 12.AUTHORIZE FINAL PAYMENT OF $4,034.03 TO MICHAEL E. ANDERSON,ESQ. AND JOHN R. FARRELL,ESQ. FOR PROFESSIONAL SERVICES BY REPRESENT- ING THE CITY IN THE Coconut Grove Properties, Inc.et.al. v. City of Miami, Florida - Supreme Court of Fla.- Case No.54,557. Mayor Ferre: Mrs. Gordon: Second. Mr. Plummer: Call the roll. The following resolution was introduced by Commissioner (Mayor) Ferre, moved its adoption: I move 9, which is John R. Farrell. RESOLUTION NO. 79-414 A RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $4,0 34.03 03 TO MICHAEL E. ANDERSON, ESQ. AND JOHN R. FARRELL, ESQ. FOR PROFES- SIONAL SERVICES RENDERED IN THE LITIGATION REGARDING THE REPRE- SENTATION OF THE CITY OF MIAMI IN THE CASE OF COCONUT GROVE PROPERTIES, INC., et al. v. CITY OF MIAMI, FLORIDA1 SUPREME COURT OF FLORIDA, CASE NO. 54,557, WITH FUNDS THEREFOR ALLOCATED FROM THE GENERAL OBLIGATION CAPITAL PROJECTS ACCOUNT ENTITLED PARKS FOR PEOPLE BOND FUND AUDIT (PROJECT 305129, CODE NO. 310302-250), RESULTING IN A TOTAL PAYMENT OF $8,554.68. (Here follows body of resolution, omitted here and on file 48 JUN 4 197 in the Office of the City Clerk). Upon being seconded by Commissioner Gordon passed and adopted by the following vote: AYES: NOES: ABSENT: Mayor Maurice A. Ferre Commissioner Rose Gordon Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. None. Commissioner (Rev.) Theodore R. Gibson 13. RESCHEDULE CITY COMMISSION MEETINGS FOR THE MONTH OF JUNE, 1979. Mayor Ferre: All right Mrs. Gordon moves and Plummer seconds a Resolution rescheduling the June City Commission meetings. Further discussion, call the roll. The following resolution was introduced its adoption RESOLUTION NO. 79-415 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF JUNE 28, 1979, TO TAKE PLACE ON JUNE 25, 1979, AT 10:00 A.M.; FURTHER` RESCHEDULING THE MEETING FOR JUNE 28, 1979, (PREVIOUSLY ESTABLISHED FOR THE COMMISSION PLANNING AND ZONING MEETING) TO TAKE PLACE ON JUNE 26, 1979, AT 6:00 P.M. (Here follows body of resolution, omitted here and on in the Office of the City Clerk). Upon being seconded by Commissioner Plummer passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner Armando Lacasa Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson 14. RESCHEDULE CITY COMMISSION MEETINGS FOR THE MONTH OF JULY, 1979. Mayor Ferre: Plummer moves, Lacasa seconds, further discussion, call the roll, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 79-416 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF JULY 12, 1979, TO TAKE PLACE ON JULY 11, 1979, AT 9:00 A.M.; FURTHER RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF JULY 26, 1979, TO TAKE PLACE ON JULY 23, 1979, AT 10:00 A.M.; FURTHER RESCHEDULING THE MEETING OF JULY 26, 1979, (PREVIOUSLY ESTABLISHED 49 J U N 4 1979 E • Res.79-416(cont'.d): FOR THE COMMISSION PLANNING AND ZONINGMEETING) TO TAKE PLACE ON JULY 23, 1979 AT 6:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Commissioner Rose Gordon Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson 15 POLICE COMMUNITY RELATIONS solution to the so-called "Internal Review Process". Mayor Ferre: Let me tell you, Bob Hardin has asked me to pass these things out. I want to say, Mr. Manager, Mr. Grassie, I subscribe to the Bob Harding recommendation for a Police Community Relations solution to the so-called Internal Review Process, and I've already given a copy to each member and I'll be happy to give it to the press, and to you, Mr. Grassie, I'd like a written answer to this from the City Police Chief or from the Administration, as you will. I guess that covers it. ADJOURNMENT' There being no further business tocome before the City Commission, on motion duly made and seconded, the meeting was adjourned at 2:05 P.M. ATTEST: RALPH GONGIE City Clerk NATTY HIRAI Assistant City Clerk J U N 4 1979 CI1'DF M%MI DOCUMENT MEETING DATE: INDEX June 4, 1979 ITEM NO. DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO, 10 11 12 COMMISSION AGENDA AND CITY CLERK REPORT PURSUANT TO CHAPTER 253, FLORIDA STATUTES, URGING ISSUANCE OF A PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULA- TION FOR CONSTRUCTION OF THE BULKHEAD ALONG SOUTH BAYSHORE DRIVE BETWEEN S.E. 14 STREET AND S.E. 15 ROAD APPOINTING 5 INDIVIDUALS AS MEMBERS.. OF THE CITY OF MIAMI, HEALTH FACILITIES AUTHORITY TO' SERVE TERMS OF OFFICE VARYING FROM 1 YEAR TO 4 YEARS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF TRANS- PORTATION AND OTHER APPROPRIATE STATE AGENCIES SUBJECT TO RATIFICATION AND CONFIRMATION BY THE CITY COMMISSION AUTHORIZING THE CITY MANAGER TO RECEIVE BIDS FOR THE STRUCTURAL STEEL WORK FOR CONSTRUCTION OF THE CITY OF MIAMI/UNIVERSITY'OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT AUTHORIZING THE CITY MANAGER TO .EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND DIPLOMAT WORLD ENTERPRISES, LTD. DATED NOVEMBER 11, 1977 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INVESTMENT BANKING AGREEMENT WITH THE FIRM OF PRESCOTT, BALL & TURBEN AND WITH THE FIRM OF BLYTH EASTMAN DILLION & CO. INCORPORATED COMMISSION OF THE CITY OF MIAMI CONFIRMS ITS INTENTION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO COMMIT THE CITY OF MIAMI TO THE DEVELOPMENT, CON- STRUCTION AND OPERATION OF THE WATSON ISLAND PROJECT APPROVING THE AGREEMENT BETWEEN THE CITY OF MIAMI, AND THE FIRN OF ECONOMICS RESEARCH ASSOCIATES AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $4,034.03 TO MICHEL E. ANDERSON AND JOHN R. FARRELL FOR PROFESSIONAL SERVICES RENDERED RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF JUNE 28, 1979, TO TAKE PLACE ON JUNE 25, 1979. RESCHEDULING THE REGULAR CITY COMMISSION MEET ING OF JULY 12, 1979 TO TAKE PLACE JULY 11, 1979 R-79-404 R-79-410 R-79 411= R-79-412 R-79-413 R-79-414 R-79-415 R-79-416 0016 79-401 79-402 79-403 79-404 79-410 79-411 79-412 79-413 79-414 79-415 79-416