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HomeMy WebLinkAboutCC 1978-04-27 MinutesOF MIAMI HEW oN APRIL 27, 1978 PREPARED SY THE OFFICE OF THECITY CLERK RALPH G. ONGIE CITY CLERK IWO 1. II�Jf ?2RIM TABLE OF CONTENTS "DIPLOMAT WORLD ENTERPRISES"-WATSON ISLAND: PLAN CONCEPT AND ECONOMICS. 2. DISCUSSION OF STATUS OF SEVERANCE PAY FOR FISCAL YEAR 1977-1978. 3. ADDITIONAL FUNDING NEEDS IN CURRENT BUDGET 4. PROPOSED ANTI -SOLICITATION AND LOITERING LEGISLATION 5. PLAQUES, PRESENTATIONS AND SPECIAL ITEMS. 6. ACCEPT COMPLETED WORK: HAMMOCK SANITARY SEWER IM- PROVEMENT - SR-5411-C. 7 PERSONAL APPEARANCE: MARTIN FINE re "LUMMUS PARK". 8. PERSONAL APPEARANCE: DR. ANTONIO JORGE AND MANUEL RODRI- GUEZ requesting assistance for "CUBAN MUSIC FESTIVAL". 9. GRANT WAIVER OF FEES FOR BAYFRONT PARK AUDITORIUM: "SANITATION EMPLOYEES' ANNUAL BALL". 10. SECOND READING ORDINANCE: AMEND SECTIONS 1 AND 5 OF ORDINANCE 8731- APPROPRIATE $3,000 FOR RELOCATION OF FENCE AND TREES IN GRAND AVENUE PARK. 11. SECOND READING ORDINANCE: AMEND SECTION 1 OF ORDINANCE 8731-APPROPRIATE $19,200 FOR SALARY INCREASES OF PLANNING & ZONING ADMINISTRATIVE BOARDS. ECOND READING ORDINANCE: ESTABLISH RATES ON -STREET TERS AND OFF-STREET PARKING LOTS AND MUNICIPAL PARKING GARAGES NOS. 1, 3, AND 4. 13. •ECOND READING ORDINANCE: AMEND SECTION 39-9 OF THE CITY ODE- "CHILDREN'S CREATIVE EXPERIENCE PROGRAM". 14. RGENCY ORDINANCE: AMEND SECTIONS 1 AND 5 OF ORDINANCE 731- INCREASE POLICE DEPARTMENT'S APPROPRIATIONS BY 20,000 FOR PURCHASE OF FIREARMS, ETC. 15. ' ' SECTION 1 OR ORDINANCE 8731 - APPROPRIATION TO ITY CLERK DEPARTMENT FOR ELECTIONS AND PHOTOCOPIER. 16. 'RGENCY ORDINANCE: AMEND SECTIONS 2 AND 5 OR ORDINANCE 731- INCREASE APPROPRIATION FOR BLDG. & VEH. MAINTE- FIANCE DEPARTMENT BY $714,864. 17, IRST READING ORDINANCE: AMEND SECTION 1 OF ORDINANCE 731- INCREASE APPROPRIATIONS FOR CITIZEN SERVICES .EPARTMENT BY $12,143,00. 18. ._.GENCY ORDINANCE; AMEND SECTION 1. OF ORDINANCE 8719- PROPRIATE $41.,000 "RECREATION FOR THE HANDICAPPED ..EKEND PROGRAM", �o� iaN°no, MOT.78.259 DISCUSSION DISCUSSION MOT. 78-260 PAGE NOi 1-19 19-26 26-27 28-32 33 RES. 78-261 33-34 RES. 78-262 34-36 DISCUSSION 37 MOT. 78-263 37-38 ORD. 8787 38-39 ORD. 8788 39 ORD. 8789 39-40 ORD. 8790 40 ORD. 8791 41 ORD. 8792 41-42 ORD, 8793 2-43 FIRST READING ORD, 8794 3-44 ITB Kos 19. 20, 21. CI II X RI B RAMA TABLE OF CONTENTS FIRST READING ORDINANCE: AMEND CHAPTER 64 OF THE CITY CODE- ENVIRONMENTAL PRESERVATION- TRANSFER PORTION OF JURISDICTION PROM BLDG. TO PLANNING DEPT. FIRST READING: AMEND SECTION 30-1 OF THE CITY CODE RELATING TO BUSINESS, PROFESSIONAL AND ORGANIZATIONAL LICENSES- REQUIRE ADDITIONAL LICENSE FOR SALE OF "MONEY ORDERS". FIRST READING : AMEND SECTIONS 1 AND 5 OF ORDINANCE 8731— INCREASE APPROPRIATION TO LAW DEPARTMENT BY $10,000 FOR LEGAL SERVICES TO COMMUNITY DEVELOPMENT PROGRAMS. 114 22. J AUDIO—VISUAL PRESENTATION OF "LATIN SUMMER FIESTA" AND REQUEST FOR ASSISTANCE IN FUNDING. 23. E REPORT ON "PARKING" STUDY IN THE COCONUT GROVE AREA. 24. DISCUSSION OF PROPOSED REVITALIZATION OF EDISON CENTER BUSINESS DISTRICT. (U.D.A.G.) 25. PERSONAL APPEARANCE: PARENTS' COALITION CONCERNING CITY OF MIAMI "DAY CARE PROGRAM". 26. (CONTINUED DISCUSSION)— ADDITIONAL FUNDING NEEDS IN CURRENT BUDGET AND CONSIDERATION OF COST OF LIVING ADJUSTMENT TO RETIRED EMPLOYEES. it 27. DISCUSSION AND DEFERRAL OF: CONSIDERATION OF GRANTING EXTENSIONS OF CURRENT LEASE AGREEMENTS FOR MIAMI YATCH & MIAMI OUTBOARD CLUB. 28. CITY OF MIAMI BANKING SERVICES: (a) ACCEPT BID FROM PAN AMERICAN BANK; AND (b) AUTHORIZE DEPOSIT IN CAPITAL BANK. 29. IACCEPT BID: HEAVY EQUIPMENT FOR BUILDING AND VEHICLE MAINTENANCE. 30. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH: "LITTLE HAVANA DEVELOPMENT AUTHORITY"— ECONOMIC DEVELOP MENT PROGRAM— (3RD YR. COMMUNITY DEVELOPMENT FUNDS). 31. "ADOPT AMENDED BY—LAWS OF: "MIAMI COMMISSION ON THE STATUS OF WOMEN". 32. ALLOCATE $2,500,00 TO COVER SHORTAGE IN THE "INTER— NATIONAL FOLK FESTIVAL". 33. 34. 35, ACCEPT BID; MOTION PICTURE CAMERA AND PROJECTOR FOR' TOURIST PROMOTION, APPOINT DANIEL J, COX AND DENNIS MURASAKI TO: "FOLK FESTIVAL COMMITTEE", CLAIM SETTLEMENT; WAI YU CHENG, RDiNANCE b$_ ESOLI1tI0N NO, FIRST READING FIRST READING FIRST READING MOT. 78-264 MOT. 78-265 MOT. 78-266 MOT. 78-267 DISCUSSION RES. 78-268 MOT. 78-268A RES. 78-269 RES. 78-270 RE$. 78-271 MOT, 78-272 RES. 78-273 RES. 78-274 RES, 76475 PACE NO, 44-45 45 45-46 46-51 51-54 54-61 61-69 69-80 80-84 84-91 91-92 92-93 93 93-94 95 96 96 '�►P 27 198 1 ct4 INDEX ISTICIRMEdRILA TABLE OF CONTENTS 36. QUIT CLAIM DEED AND GRANT OF EASEMENT: " TOWNSCOPE DEVELOPMENT CORPORATION". 37. ORIIERING RESOLUTION; COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN SCALE STREET LIGHTING B-6177. 38. INCREASE SCOPE OF CONTRACT BY $21,164 FOR "TRADE FAIR OF THE AMERICAS" AND AUTHORIZE FINAL PAYMENT. 39. INCREASE SCOPE OF CONTRACT BY $5,072.30 FOR "ADMINIS- TRATION BUILDING- SITE PREPARATION". 40. ACCEPT COMPLETED WORK: OLD BAYFRONT PARK DEVELOPMENT - BID "A" PHASE I. 41. ACCEPT COMPLETED WORK: OLD BAYFRONT PARK DEVELOPMENT - BID "B" PHASE I. 42. ACCEPT COMPLETED WORK: FLAGLER STREET LANDSCAPE - 1977 43. ACCEPT COMPLETED WORK: BUENA VISTA SANITARY SEWER MODIFICATIONS - PHASE II. 44. ACCEPT COMPLETED WORK: ALLAPATTAH SANITARY SEWER MODIFICATIONS - PHASE II. 45. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH "8TH ANNUAL CHAMPION SPARK PLUG REGATTA" 46. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH CHARLES LEROY LEWIS. 47. ACCEPT BID: MIAMI-METRO "MAP" BROCHURES. 48. ACCEPT BID: FIRE DEPARTMENT UNIFORMS 49. ACCEPT BID: CONVENTION CENTER - BUILDING DEMOLITION - PHASE II (PATRICIA HOTEL). 50. ACCEPT BID: LEMON CITY PARK- COMMUNITY DEVELOPMENT BUILDING'S DEMOLITION. 51. ,'ACCEPT BID: N.W. 19TH AVENUE -COMMUNITY DEVELOPMENT PAVING PROJECT 305-PHASE I. 52. MANCE ON SOLUTION NOI RES, 78-276 RES. 78-277 RES, 78-278 RES. 78-279 RES. 78-280 RES. 78-281 RES. 78-282 RES. 78-283 RES. 78-284 RES. 78-285 RES. 78-286 RES. 78-287 RES. 78-288 RES. 78-289 RES. 78-290 RES. 78-291 PACE NO, 97 98 99 100 100 101 101 102 102 103-104 104 104-105 105 106 107 108-110 (a) FIRST'READING ORDINANCE: CHANGE ZONING CLASSIFI- CATION -1200-1499 N.W. 3RD AVENUE FROM C-2 AND R-4 TO P.R. (b) PERMISSION TO CONSTRUCT RECREATIONAL FACILITIESFIRST READING IN CONJUCTION WITH DIXIE PARK. RES, 78-292 111-112 53. (a) FIRST READING ORDINANCE:CHANGE ZONING CLASSIFICATION .800-934 N.W, 62ND STREET FROM C-4A AND R-2 TO P,R. g(b) PERMISSION TO CONSTRUCT RECREATIONAL FACILITIES IN CONJUNCTION WITH TALCOLCY CENTER, 54, FIRST READING ORDINANCE; AMEND SECTION 54-36, 54-37, 54-39 AND 54-41 OF THE CITY CODER "BUS BENCHES, BUS SHELTERS STRUCTURES", 'APR 271978 FIRST READING RES. 78-293 FIRST READING 113-114 115-117 - 55. 56. ctr;1 !NEC SSIO�b�-h(TAMI� FL�RiM TABLE OF CONTENTS AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH EQUITABLE LIFE ASSURANCE SOCIETY- ADMINISTRATIVE CLAIMS SERVICE FOR GROUP HEALTH INSURANCE. AUTHORIZE CITY MANAGER TO INVESTIGATE "H.M.O. SERVICES" FOR CITY EMPLOYEES. 57. ESTABLISH COMMITTEE OF CITY EMPLOYEES FOR PROPOSED "SELF -FUNDED CLAIMS SERVICE." 58. 1DISCUSSION AND DEFERRAL OF CONSIDERATION OF ACQUISITION OF PROPERTY FOR "LATIN RIVERFRONT PARK". 59. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SELECTED ARCHITECTURAL FIRM FOR CONSTRUCTION OF "MELROSE PARK". 60. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SELECTED ARCHITECTURAL FIRM FOR CONSTRUCTION OF "RIVERSIDE PARK". 61. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SELECTED ARCHITECTURAL FIRM FOR CONSTRUCTION OF "BUENA VISTA PARK". 62. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH SELECTED ARCHITECTURAL FIRM FOR CONSTRUCTION OF "LEMON CITY PARK". 63. :AUTHORIZE CITY MANAGER TO SELECT CONSULTANT AND NEGOTI- ATE CONTRACT FOR PARKING STUDY FOR COCONUT GROVE. 64. CONFIRMING RESOLUTION: DIPLOMAT WORLD ENTERPRISES - WATSON ISLAND PLAN CONCEPT AND ECONOMICS. 65. EMERGENCY ORDINANCE: ALLOCATE $25,434.00 FOR "AFRICAN SQUARE PARK". 66. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH "62ND ;STREET COMMUNITY DEVELOPMENT CORPORATION" FOR OPERATION & MAINTENANCE OF "AFRICAN SQUARE PARK". 67. VACATE AND CLOSE PORTION OF N.W. 4TH AVENUE IN CON- JUNCTION WITH TENTATIVE PLAT #978 -"DIXIE PARK" 68, VACATE AND CLOSE PORTION OF N.W. 9TH AVENUE IN CON- JUNCTION WITH TENTATIVE PLAT 111011-A-"TALCOLCY PARK". 69, VACATE AND CLOSE PORTION OF COURT PLACE IN CONJUNCTION ITH TENTATIVE PLAT #989,A-"FLAGLER SUBDIVISION". 70, ACATE AND CLOSE SUNNYBROOK RD. IN CONJUNCTION WITH • TENTATIVE PLAT #996 - "MEDICAL CENTER *-1ST ADDITION". 71, DENIAL OF APPLICATION FOR CHANGE OF ZONING AT 2526 S.W, 6TH STREET FROM R-1 TO R-4. 14PR 971978 I ru NCE t SOLUTION RES. 78-294 MOT. 78-295 RES, 78-296 DEFERRED RES. 78-297 RES. 78-298 RES. 78-299 RES. 78-300 RES. 78-301 RES. 78-302 ORD. 8795 RES. 78-303 RES. 78-304 RES. 78-305 RES. 78-306 RES. 78-307 RES. 78-308 PAGE NOI 117-118 118 119-120 121 121-125 126 127 128-129 129-130 130-131 131 132 132-133 133 134 135 136-137 ITEM NO. CITY TABLE OP CONTENTS 72. DENIAL OF APPLICATION FOR CONDITIONAL USE TO PERMIT RESIDENTIAL DEVELOPMENT OP P.U.N.-(Intersection of South Miami Avenue, South Dixie Highway & Brickell Ave. 73. REQUEST PLANNING DEPARTMENT TO RESTUDY R-1B ZONING IN AREA BOUNDED BY SOUTH MIAMI AVE., S.E. 32ND RD. AND BRICKELL AVENUE AND FEDERAL HIGHWAY. 74. GRANT APPLICATION FRO P.A.D. - 36/45 MAIN HIGHWAY 71-0 75. ov T ONE- EXTEN SIN OF VARI NOE FOR APARTMENT BUILDING AND PARKING STRUCTURE - BRICKELL AVENUE AT S.E. 25TH ROAD. A,76. CONFIRMING RESOLUTION: AMEND RESOLUTION 75-62 IMPOSING CONDITIONS ON SHOPPING CENTER LOCATED AT 1570N.W. 26TH AVENUE. 77. PERSONAL APPEARANCE: MRS. DEL PORTILLO - REGARDING CONSTRUCTION OF SIDEWALK AT 3583 S.W. 17TH TERRACE 78. GRANT REQUEST FOR WAIVER OF RENTAL FEES AT GUSMAN HALL FOR "MISS BLACK AMERICAN PAGEANT". 79. _ ACCEPT RECOMMENDATION OF COMMUNITY RELATIONS BOARD - AUTHORIZE CITY MANAGER TO APPOINT TWO ASSISTANT CITY MANAGERS. 80. 00 81. APPOINT COMMISSIONER ROSE GORDON AS REPRESENTATIVE TO DADE LEAGUE OF CITIES AND COMMISSIONER (REV.) T. R. GIBSON AS ALTERNATE. CHANGE DATES OF CITY COMMISSION MEETINGS FOR THE MONTHS OF MAY AND JUNE. 82. , GRANT ONE-YEAR EXTENSION OF THE DEVELOPMENT ORDER AUTHORIZED BY R-75-135 IN CONNECTION WITH "CLAUGHTON ISLAND". 83. DISCUSSION AND DEFERRAL OF CONSIDERATION TO GRANT APPLICATION FOR CHANGE OF ZONING LOCATED AT 1616-36 BRICKELL AVENUE FROM R-1 TO R-3A. 84. GRANT APPLICATION TO PERMIT P.A.D. - 2450 BRICKELL AVE. CONSISTING OF 72 DWELLING UNITS. PA NOi 1; RES. 78-309 137-146 MOT. 78-310 RES. 78-311 DEFERRED RES. 78-312 DISCUSSION MOT. 78-313 146-147 147-156 156-157 158 158-163 163-164 MOT. 78-314 164-170 MOT. 78-315 170 RES. 78-316 RES. 78-317 RES. 78-318 171-172 RES. 78-319 172-173 MOT. 78-320 RES. 78-321 RES. 78-322 84-189 73-184 'APR 271978 MINUTES OP REGULAR MEETING OP THE CITY COMMISSION OE MIAMI, EL0RIbA On the 27th day of April, 19/8, the city commission of Miami, Florida met at its regular meeting place in the City Hail, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 8:16 O'Clock A.M. by Mayor Maurice A. Terre with the following members of the Commission found to be present: Commissioner d. L. Plummer, dr. Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson (ABSENT)- Vice -Mayor Manolo Reboso Mayor Maurice A. Terre ALSO PRESENT: Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant'City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk (ABSENT)-Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. 1. "DIPLOMAT WORLD ENTERPRISES"-WATSON ISLAND: PLAN CONCEPT AND ECONOMICS. Mayor Ferre: Good morning, ladies and gentlemen. This is a regular City of Miami Commission Meeting, the meeting this morning is a Committee of the Whole Meeting, as a consequence of that, this is a working session of the Commission. It is not 91 repeat ' it is not a public hearing. Now, the Chair has the prerogative of permitting anybody or not permitting anybody to make a statement, but I want to be very clear on the record, so that we all understand this is not a public hearing. Alright, the first item before us is Item 4i A, which is a presentation of Diplomat World Enterprise -Watson Island Plan Conceptsand Economics... Mr. Grassie? Mr. Grassie: Mr. Mayor, and members of the City Commission. This morning session responds to the development calendar that the City has for the Watson Island Project. The chosen developer has the responsibility to come back to the City Commission at this time to report to you on two major things. First, the final designs thatthey would propose to the City, and second,to comment on the financial economic feasibility of the project. With that I would like to turn the meeting over to Mr. Ron Fine, who will introduce the subject. Mr. Fine: Good morning, Mr. Mayor and Commissioners. We're here this morning to present to you the recommended conceptual plans and economic data for your review and acceptance in this first step in the development of Watson Island. We have with us today, the Diplomat Economic Consultant, Mr. Jay Lewis; Economic Research Associates, Vice President, Bob Shedlock, Randal Duell & Associates, Vice President, Ira West; Wilbur Smith Associates, V.P., Bob Whiteside; and Principal of Greenleaf/Telesca, Mr. John Greenleaf, who will address themselves at your request to any particular items related to design, economics, marine, or traffic. We've spent the last five months exposing the Watson Island Development to intense community review so that we might obtain constructive input that would be of assistance to the City in the developing of its project, Presentations have been made before local newspapers, appearances on television stations, and radio programs, numerous meetings with a variety of civic groups throughout the community, Chambers of Commerce, Island Homeowners Association, Hotel and Motel Asaociations,Airline Associations,Ground Transportation and Bus Associations, Cruise Ship Associations,Varied Marine Interests,including the Marine Council, Yacht Club, Outboard Club, Citizen ComMittees, and, governmental agencies at a local.,regional,stateo fell, and internatian . ems. I':m phased to report that the input from rhose groups and the persons who have had the i APR 271978 opportunity to personally review the project in terms of the plans, the slide presentations, the models, the professional atudies! the government+ al input,have been extremely encouraging, and extended cooperation to the City in the fulfillment of this project, The primary concerns that we addressed ourselves to through the community inputwere the matters of traffic, economics, appearance, and location. Prior to the City putting the project out for bid, the City and the County undertook, indepth traffic analysis of Mac Arthur Causeway which is USA 1A and US 41 running from Miami to Miami Beach through the island and established that there was a serious underuse of the existing causeway at this time and that there was an adequate capacity for this causeway to accommodate the development of Watson Island, the proposed development of South Beach., and proposed development of Fisher Island. Subsequent to our entering into studies by our Consultants, we independtly,established by our studies as you'll see in the presentation that substantial capacity does exist on the cause way. Following the release of our traffic report, Metropolitan Dade Coun y Department of Traffic and Transportation conducted another study which validated,reinforced and supported all of the professional studies that were done previously. I would now like to relate to you that within the next hour we hope to show you in condensed form, a presentation that originally took three hours and showed in minute detail the design criteria for every feature of the island. In order to assure the community that this project will have the ingredients that the City represents it will have, We were able to, not only create plans, renderings, and models., but take from, throughout the United States and elsewhere, similar ingredients which we were able to photograph and show, would be similar to the components within the project, so that one looking at the project has the opportunity to see the project when it's completed. The model before you we will address after the slide presentation, and the questioning period to respond to any questions that you might have. If we can turn the lights out now we will go to the slide presentation We'd like to start off with this chart, copies of which are in the material furnished to the Commission, which shows the impact of Watson Island on the economic base of Dade County. This projects a direct impact from the operating budget of the island while the projects in operation of 131 million dollars, which ffect on the economy by use of the 1.5 multipler, comes to 20.3 million dollars .In addition to that, the impact of Watson Island on the tourist economy creates a visitation of 335,000 new tourists, impacting at 117 million dollars, using a multipler of about 160 million dollars, so the impact of Watson Island on Dade County and the City of Miami will be approximately 160 to 180 million new dollars a year, creating employment both within the project of 1,700 construction workers, 1,000 permanent employees of the project, and a numerous hotel restaurant business in related activity. This is the regional map showing Watson Island in red, and the unusually exceptional access to the location. Inasmuch as only 56% of the visitors coming to the island will come by car, 20% will come from the East, the Beach side. 10% will use U.S. Highway 111 coming and going, and 70% will use I-95 being fed by the various turnpikes and expressway systems, which is located at the entrance to the island. By having the island in a position where 70% of its traffic can come and leave on 1-95 it minimizes any congestion that can be put into the downtown area. The first shot shows the existing island, the island is underdeveloped, it is barren in most areas, has concrete, oil, and other uses on it, and it's far from being a pretty island, it's highlighted primarily by the existing Japanese Garden,which in the plan will be retained, expanded, and enhanced.I think it's important to point out that in the developing budget $2,200,000 are allocated for landscape, trees, shrubs, plants, and gardens, this will be the most extensively landscapeddevelopment in the State of Florida. This is a photograph of the model in the lower left hand corner, you see the beginning of the use of 8100 ft. of shoreline for what will be the most intensive Marine Development in the State of Florida. The lower left hand side facing Downtown Miami will be developed for a 150 slip large boat Marina, able to accommodate vessels up to 90 to 120 ft. in length, immediately below that will be an enclosed water amphitheater area for marine uses, water shows and the like. Immediately adjacent to this Marina will be South Florida's first Water Transportation Terminal. The development of this island and the terminal as you'll see later.we believe will create the economic viability for South Florida to have a Mass Water Transportation System. On the upper part of the chart is a new Visitor's Marina designed for the average and small boats, primarily for those people that would visit the island for the day, park their boats, come into the park. Moving to the right hand side is the existing and enhanced Miami Yacht Club acil.ity,and moving to the lower left hand side will be the existing and enhanced Miami Outboard Club. This is a view showing both the existing Outboard Club at the lower end of the island and the 2 APR 271978 Yacht Club. at the upper end. For those historically interestea, the existing docks there,once housed these large yachts,,including those owned by J.P. Morgan, Firestone, and otheta. So, we ate really returning to Watson Island, it's attraction and ahility to bring large vessels, interesting ships that most of us would enjoy seeing in all forms. That shows the Marina area and the location at the lower left hand corner where the Water Transport Terminal would he, This basically is the approach to the island from the south side. Now, all of the activity on the island has been placed on the south side of the island and the high. - way area has been elevated up to a 30 ft. berm area, that means that we're going to bring onto the island 40,000 cub.ic yards of fill in order to grade an elevation of 30 to 35 ft. so that this creates a visual sound and light barrier between the park development on the south side and the residential islands on the north side which you can see quite clear after the presentation on the model. This again, is the north side of the island where the new Marina would be located. On the north side of the island we have a complete shoreline of tree development, which will provide a total visual barrier as you'll see later in the presentation. We took an aerial photograph and a ground photograph from the island itself, the closest island, and then we overlaid on that photograph the scale. The land- scaping and development to show what the feasibility would be from those islands. This again, is the location of the Visitor's Marina on the left. You can see the berm landscape on the right, protecting the highway, creat- ing the light sound barrier so that all of it is concealed within the park and in effect reflected towards Downtown Miami , where we'd like to have the animation. The lower right hand corner shows the Water Transportation Terminal. This is the existing chalk's Airline now. These are the type of facilities that they have and including some trailers, and if you look in the lower middle part of the view of the model you'll see the new facilities designed for Chalk including a new Theme Air Terminal building for them. This is the site plan of Watson Island reflecting the parking, the Japense Garden, the Marinas, and the upper part, the relocation of the Heliport to the west side of the island to remove it from any area of intense concentration of people, and that will service for those that would like to take helicopter rides while visiting the island. Chalk's Airline, as you know, will provide for the service of people wanting to take those type of visitor airlines to fly around Miami and around the Bay. In order to show the access, you can see the yellow line shows those coming from Miami will come eastwardly on the Causeway going through a series of clover- leaf turns and into the parking lot. By designing this method with an overpass and we use two overpasses in the lower right hand corner for the vehicles and in the upper corner the overpass, pedestrian overpass for walk- ing from one side of the island to the other. We eliminate any grey crossings, enhance the safety of transport through the island, and allow the speed limits of 45 miles an hour to continue through the island, because thru-traffic will not be interrupted . Traffic coming into the park will pull into right hand loading lanes off of the highway itself and we can stack an excess of 300 cars at one time off of the highway on the parked property itself. You can see the same pattern in returning to Miami in the orange line, they come out of the park and are dispersed into an outer lane on the Causeway without interfering with the moving traffic, so you'll always have four lanes of open traffic moving to and from the island. When the bridges are up the traffic and the cars that are held are held within the park until the bridges are down and normal traffic has proceeded, so there is no congestion added into the movement of vehicles or while the bridges are up. People coming to the park would be stopped on the other side and would be fed into the normal stream of traffic as the bridges go down. This shows the access from Miami Beach, those coming from easterly where 20% of the traffic will come, they pull to the right before they get to the island and then pull right into the park. In order to leave the park they come out of the exits, come over the overpass, make a left hand turn and are fed back into the outside lane again without interrupting the traffic flow to and from Miami Beach. This is a chart showing the peak traffic demand as established by the latest and the last study done by the Dade County Department of Traffic and Transportation. Now, the green shows what the peak traffic hour demand would be without the development of Watson Island. The red shows what the parking demand and traffic capacity of the Causeway would be with the full development of Watson Island. As you can see, in the peak hour of, on the top line you can see these are peak hours, 8 a.m. to 9 a.m. in the morning, no significant difference. 9 s.tn. to 10 a.m. in the morning, no significant different, primarily because the park would open approximately 10;00 o'clock. peak in -bound traffic, that means people coming from west headed east, would be between 10 a.m. and 11 a.m, in the morning, and there you see an increase from about 45% to about 65% leaving 3 APR 27197B OIL about 30%to 35% of unused capacity on the highway at the most intense use of the expressway, and these ate developed for the most intense use and the most intense bridge openings. In the studies, the County ptiot to doing this chart already eliminated from the capacity of the expressway In of its capacity. So, this is the capacity remaining after 17% has been already reduced giving credit for a minimum of two bridge openings pet hour at five minutes a piece. On the lower end of the chart you can see that's the westbound, the hours when traffic would be going from Miami Reach to Miami and what the outpouring from the Watson Island Patk would be and it would affect it. And, generally speaking, there is very little significant impact upon the ability of the causeway to handle this traffic. This shows the access if one wanted to go to Chalk's Airline in the light purple and to the Heliport in dark purple without going into the park. This showshow one would go to the Marinas in the light blue and to the Water Transport Terminal on the lower, on the upper left hand corner if one didn't want to go to the park and just wanted to go to those events on the island ,either to the clubs or the Marinas and what it establishes that we have designed within the traffic pattern a complete circulation process for those that just want to take advantage of the marine experiences that they would get by using the shoreline around the island. This is a map reflecting our projection of what the Mass Water Transportation System would be. The blue line shows from Watson Island serving as a central terminal, connections into Bicentennial Park, Miami Marina, Downtown Miami, Seaquarium, down to the Keys, extended northward up through the apartment developments, club developments, Palm Bay Jockey Cricket Club area, up to Port Everglades on the left, and the leg to the right moving up and down the intercoastal and then to Indian Creek servicing all of the waterfront beach hotels in that area. This is the existing water transport, which would be supplemented by hydrofoil and other forms of water transport to be determined by a study to be undertaken by Metropolitan Dade County under a feasibility study to be performed. This shows the existing public transportation, the buses that are run by Metropolitan Dade County and the arrangementsand design in the plan to accommodate those buses going and to from Miami providing entrances on both sides of the roads for people going to and from the park, so that we get maximized use of existing and future public transportation. Now, in the studies we've done this is the first time that we have discussed the absolute.probability of having alternate methods of transportation to the island. All of the studies that you saw previously were done on no assumption that we would have Mass Water Transporta- tion and no assumption that we would have a Rapid Transit or People Mover System, the reason for that was that the County was facing a referendum and the outcome of that is, and was uncertain at the time we did the study. Now, that it is passed and that the Rapid Transit and People Mover has been funded and the people mover is now in design this is a reflection of the Downtown area where the Rapid Transit Station would come in,connecting with the People Mover System. The County presently plans on putting in the central core and the leg north of Omni, and the City is going to request the monorail connection from the station at Bicentennial Park or Omni , to the island to now make available to the Watson Island Development, — M ono rail --People Mover Connection. This means that the use of some 10,000 parking facilities in Downtown Miami which are only 50% utilized generally duringthe day, that are generally available at nights and weekends when there are peak periods would also be available to supplement and replace parking of 3,000 vehicles that would be available on Waton Island, itself. This is the type of monorail connection system that we envision to and from Watson Island. This again, is the Park's scope that we discussed with the gardens and the clubs and the use of the shoreline. This chart reflects the study that was used to project the parking requirements for the attraction. The visitors that would attend Watson Island are divided into two categories,(A) the residential attraction,and (B) the tourist attraction. The residents were divided into three groups, the Dade County resident, the Dade County tourist and the Florida touring tourist, The residential breakdown as you can see, we estimate about a million people a year will come from repeat and residential traffic in Dade County, Broward, Palm Beach area and we estimate about two million people will come a year,from tourists,from Dade County, Broward, Palm Beach, and touring Florida. This is a rendering that we prepared from the actual photographs of the view from Palm Island and this was overlaid with our design against the actual photograph and we have it in three sections, On the left, this is what the view would be when Watson Island is developed as to the existing features, you can see Downtown Miami on the left there the Dodge Island Seaport, and there is no visibility of the parking areas or the parks in this particular scene. The second view shows again, the visibility of the Freedom Tower in the middle,and what would be seen isthe top of the 9 APR 271978. loop coaster and the top of the tower that you'll gee later in the presentation, This repeats, again, the tower on the left and moving to the tight you see that the reaiden c i e s the Herald Building, the Omni Develop - tent and the Radio Tower that presently exists, So, the esthetics of the Wand are enhanced. The View of the island from off is.land is improved Significantly and we believe that its something that as to a visual ptesaentation will be enjoyed more by people off the island than the present Viev that exists. This shows the animation looking from approximately Where the tower} the top of the tower that we developed looking over at Dodge Island and also the text shot is what people will see looking at the Marina from the cruise boats as they leave. This is a close-up of the plan of the parking area where people come in through, in the right hand , through the gate they then disperse throughout the traffic..throughout the parking lot area, and on the left is the entrance ramp where its attendant, the Japanese Garden on the right, and the service center that we'll see in a moment. In the middle you see the drop off for buses and the plan, the location of pedestrian entrance bridge into the park. This is a type of tram that is used throughout the parks and would be envisioned for our park. This is the existing Japenese Garden, which will be retained, expanded, and enhanced for the enjoyment of all those who visit the island. This is the entrance rendering the Japanese Garden would be to the right, This is the entrance ramp into the park going up and over the Ponte Vecchio Bridge. On the left is the Visitor's Service Center, which will include a partial pick-up for those people who may shop while they're in the park, obtain some food or merchandise, not want to carry it with them, they would get a check, the goods would be delivered to this thing and they would pick it up when they come out. This is a shot of what the entrance - Ponte Vecchio Bridge, This is the pedestrian bridge from the outside and the lower right hand corner is the Visitor's Service Center,and the bridge will be architecturally designed similar to the Ponte Vecchio Bridge in Florence, Italy. We believe this will become a very highlighted architec- tural landmark for the Island,it's both attractive inside and outside. The unusual feature of this bridge, it serves several purposes, one is the architectural feature from the outside. Asyou'll notice in this bird's- eye view plan, on the right and left as you walk through the bridge you're coming from the top headed down to the bottom into the ticket booth area, on both sides of the bridge will be themed shops and booths about 10 x 10. And, on one side of the bridge will be a Tourist Service and Information Center, and that will include for example, Reservation Booths for Airlines, for Hotels, Motels, Restaurants, etc., it will include the ability to pick tickets up, change hotel accomodations, rent cars, you drive -it's, and all of the services that tourist and local residents like to provide. In another section of this bridge will be financial services. We anticipate that Banks and Savings and Loan Associations will have booths here, people will be able to transact their bank business by depositing checks, or making deposits. We anticipate that these branches would be opened beyond normal hours, perhaps til 11:00 and 12:00 at night,so that they provide a service both for visitors and for those people that might need to avail themselves of banking services and at hours when the regular branches might be closed. It's heavily landscaped. It's opened on top and it looks like the Italy Village that you walk through on the bridge, same type of environment and ambience. As you head down towards the lower chart,you come through the ticket booth, this park has been park has been designed economically as a low admission urban park. That means that we're projecting admissions of $2.00 for adults and $1.00 for children, with season passes available to residents for $3.50, and discount tickets available for group tourist groups. As you come through, you're now about 30 to 35 ft.above sea level, you're on a platform overlooking Downtown Miami at the park, and you would turn to your right if you were coming through to the left on Biscayne, and begin down through an area that is the Caribbean International Village. It's themed very similar to the cultural and architectural symbols of the Caribbean international area, and is somewhat similar to the Village atmosphere, exist- ing in Tivoli Gardens in Copenhagen. This shows as you come down the Village you'll come passed a series of shops, merchandise experience, restaurants, a dance pavilion, discotheque, providing a variety of entertainment and shopping facilites. In the lower left hand corners we'll see is one of the unique features for Southeast Florida, will be a Farmer's Market with International and Ethnic foods of all types from all over the world in a variety of food boutiques for on premises and off premises consumption. In the middle will be the first major attraction, a tower that you'll see shortly. This is a similar shop of what this Village will look like. This is a shot of Tivoli, Tivoli is a 22 acre urban park that handles about three times our maximum egittmated capacity crowd in this park an excess of APR 27197a,, 40,000 people a day ate handled at Tivoli Gatdens. Tivoli Gardens is the granddaddy of the of the urban parks, over 100 years old, and serves as the design foundation for most theme and urban parks throughout the world, including Disney. Many of the features that attendant here have been incorporated into but park and some of which ate taken. We have probably Most intensely followed the Tivoli concept of any park designed in the world,outside of Tivoli. This,,for historical note is sort of a synthesis of what Watson Island would perform. This in the early 1900's was the foot of Flagler Street. This is the Elser Pier, on this pier the follow- ing activities occur: #1, food and restaurant, 1i2, dancing and recreation, 113, off -premises consumption of food, the sale of sea food and other products, #3, water transportation, they had both boats and this was the first base of Chalkh Airline, this is where they used to pick up people. So it had all of the ingredients that we're talking about and was the center of town. This is the water side shot, you can see on a typical Sunday, that the people in Miami came down to enjoy the variety of the experiences,and incorporated in this was the predecessor to Seaquarium. This was the aquarium that was first developed in this area. So what we're really doing is returning to the major ingredients that made Miami attrac- tive both for the millions of people who have moved to this area and the literally tens of million of tourist,who have visited this area. This is a rendering shot of the Farmer's Market International Village area, which will overlook the large boat and sailing marina into Downtown Miami and Dodge Island. This is a similar type of seafood eating facility at one of the theme parks, giving you an idea of outdoor eating in these type of controlled environment areas. This is another experience of having some type of light shelter and shade over at the eating area. This will be the off-premisestype of purchasing that you'll do in the Farmer's Market. This is taken from Los Angeles, the famous Farmer's Market in Los Angeles. One 0004 of the most successful attractions in Los Angeles, it's been operating for over 50 years and increases in its tourist visitation, it's used by the residents of the city, you can obtain everything, as you can see here. This happens to be California produce, it's all high quality and unique merchandise, it is not generally available in normal stores, supermarkets, etc., that type of thing You can purchase to eat on or off the premises, the finest meats, cheese's,seafoods, etc., available in the world in this particular location, very successful and very`enjoyable, both for the residents and for the visitors in Los Angeles. This shows you,as you'll see from the model,the actual configuration of the area of the Village and this highlights the 250 ft. tower that will identify itself in three ways in the park. 111, on top will be a multi -colored identification beacon, that will have the ability to be seen from the expressway and surrounding areas without throwing beams out of light, but identifying from inside from a color standpoint. 112, is that we'll have a gondola, as you'll see on this close-up of it, that's a rotating gondola, it carries 72 people at one time, and it takes a three minutes cycle to go from the ground to the top and then return. We provided a third highlight of this tower, would be a cargo net ride in which two or three people would get into a carrier. They're really computer controlled elevators, that carry you up to the top of the tower and down. This is what the gondola looks like at one of the theme parks in the country. You'll see that you have the opportunity to have major corporate sponsorship of these towers. This tower is sponsored by Eastern Airlines in a very subtle way you can see their identification and colors, and this is a tower in operation. This is a European Tower, double gondola going to the top its What we did was to show you what the view would be,from the top of the tower, we took a series of photographs from the helicopter stationary at this height and at this location. This is the view of looking at Downtown Miami. This is what the visitor will see from the top of the tower. This view is looking westward towards the airport over the Miami Herald and the Omni buildings and over the Causeway. This is a view looking north over one of the residential islands up toward the Palm Bay Jockey Club area toward 79th Street. This is the view looking eastward over the island, over the residential island, You can get the dimension focus here of seeing how far the homes actually are from the Island, by looking at the scale of where those homes sit and how far they are. The park, itself would be on the lower right hand corner of the Island, the left side that you see, left of the Causeway is developed for the marine experiences and for the p3Ii(ing.This is a shot looking over Dodge Island down towards Key Biscayne where they'll be able to see the cruise lines in operation coming and leaving to the port. This shot shows you a plan where some of the Chemed restaurants would be located along the water facing Dodge Island on the lower right hand corner is a carousel,and the upper right hand corner would be the cultural hall., a thousand feet cultural hall that we'll address our - Selves to. This is the type of theme restaurant with an international flavor �' APR 21(1978. perhaps spOnsOred hy Central or South_American countr. Thia would be the type Of entettaintbento the MariAchi Bands located within that theme reataurant. Thia will he the type.of outdoor eating available to our people, %it'll have 3,100 teats for food aerVice on the Island it all of the cotplexea of over 50,000 sq,ft. of food space. This will be located bear our tanade lake of about 3601:1 ati.ft. and this would he how it would be looking °Vet the water in a very intimate pleasant landscaped atmosphere. This shows you the. 'model area on tbe lower middle corner is the carousel moving up to the fountain, this is the promenade. The the on the upper left would he the Caribbean international theme, this is the central part of the park ---- designed in Turn -of -the -Century theme and it would have a large promenade for entertainment, the cultural hall as you see above the carousel would he located there. The games area in the upper left and the attractionsfor the youngsters.On the lower right would be the tavern and the water -flume ride is in the right hand side as we'll see in greater detail in just a minute. This is the rendering of the Turn -of -the -Century area.On the left is the carousel, on the right is the Turn -of -the -Century Tavern,the tavern will have its own entertain- ment barber shop quartets and jazz and other entertainment similar to the times. It will overlook both the Dodge Island area, the Carousel area, and the other far side would he the flume area as you'll aee. This is the type of carousel taken from one of the parks that the visitors. would see at this period. This is again, shows the carousel, the Turn -of -the -Century Tavern and you'll see the flume on the other side. If you were sitting in the tavern looking out at the flume aide this would he the view of the log flume coming down into the holding basin. This again, shows you the location of the cultural hall, it's designed expandably to sit a minimum of thousand people either standing up or sitting down. It will be used both with planned entertainment and for the community use in theater and other events. It's designed somewhat off of the Peacock Theater in Tivoli. The addition to our theater would be that it would have a canopy covering above it so that it can protect our people from inclement weather during different periods of the year. You can see that depending on the events,people can stand in it, you can expandable seating. This shows you the areas when the seatings are put out so people can on very informal basis sit around and watch the stage, adjacent to it are two-story restaurants and on the far ground here you'll see on the second level people are sitting having some lunch and enjoying the presentation. This is the type of presentation for community areas, this happens to be high school or a college wrestling or amateur sports, it would be put on during periods of day for people to visit. This is the use of the facility at night, this is community theater. We have in South Florida, second only, I think, to California and New York, probably the greatest resource of amateur semi professional theater talent and culturaltalent that really nas no place generally speaking to exhibit themselves and one of the highlights of this area would give to our community resources, to the various clubs and groups and associ- ations, a place to exhibit to show to the community and to enjoy the presentation ofvarious cultural events. This is an overview again, of the promenade area in the left above the carousel was the location of the cultural hall.In the upper right hand corner you'll see a large building there, that is the IMEX Theater, that is a 500 seat indoor theater that can be used for amateur and professional shows. It has a very unusual feature in .two aspects. The size of the film presentation is on a six story screen, 60 x 90 ft. when you sit in this theater and you look at the special films that are designed for this theater you get the feeling of sensation of notion, travel, it's -very similar to other techniques, it's the most advanced in the world, it's present in about a half a dozen locations throughout the United States and one of the ongrowing attractions that our people will enjoy. The third feature of this theater will be that it's going to be designed to have stew light and laser shows, they're a new form of entertainment that are being perfected in California that we anticipate bringing to Miami. We also hope, in the entertainment in the park very similar to Tivoli, this is the Marching Boys Band in Tivoli. Many of you who have grown up here remember,for example, the pride that the community bad in the Miami Drum and Bugle Corp. We hope to establish a similar type of activity and perhaps with developing the projections of what our Miami Drum and Bugle Corp so thatour youngsters will be -able to exhibit their skills throughout different periods of the park opening by performing and narking throughout the park area tear to thia, This 4sone of the finest honors. that a youngster could have. in Copenhagen ig to hecOMe a member Of the Tivoli Marching Band. Tnis ts aphotograph- of the type fountain -we talked about. The fountain that we have differs from thiAl hecauae inside the fountain we art. going tO put a performing stage, in this, open promenade area you will have inutile of this fountain a U4Set between entertainment that will be performed free of coat to the viaitorg of the park. or. the atagel When the. LA not in Use then the fountain is in operation and what you'll aee are the lights and the water from the fountain. APR 2ri419784 ("ICE MAYOR REBOSO ARRIVED AT THE MEETING AT 8:5U A.M.) When the performance is in progress then the water drops and the lights go off and the entettaittment goes on. You can see the type of theme in the buildings that were housed, the arcades and gaffes in the upper part of the photograph. This is a type of theme for the out= door sides where you take very basic gates that people enjoy in different parks, guess your weight, etc., you put them in a very appealing theme and they look very attractive and they enjoy the experience. These are the type of gardens that we plan on having. We'll have over a mile of walkways within the Island,paths, promenades, and walkways. We envision that people can spend on repeat visits enjoyabletimes in this area walking through the park and enjoying the gardens, walking along the waterfront, the warps, looking at the view. In general, having, bringing back the feeling of s town square, having an opportunity to come to a place where one can see his neighbors, enjoy the comfort and take advantage of other experiences, food, shows, culture, etc., if he so desires. But it'll be a very interesting pathsof experience for people. As I said, we'll be spending some $2,200,00C in landscaping, garden, trees, and the like on the Island. This is a scene showing the type of lighting, the parks cannot use neon lighting, they're all done in an incandescent basis, they're very attractive, both for day- time and for nighttime viewing. This is one of the features that we're going to incorporate and that is the bilingual aspects of this park. This is the design from Tivoli it uses the international symbols for first aide, rest rooms, communications, information, etc., one of the highlight features of our park will be the bilingual training of our thousand young employees, also the signing and the sound will be both bilingual and multi-lingual, so that visitors from the Central and South America, Europe, as well as the United States will feel comfortable and be able to communicate, receive directions, and information in their native language. This again, is the central portion, we'll now go into the third theme area,which is the ride and entertainment area, primarily along with the Children's World, that we're going to develop here and this is theme in old Florida style. So the first theme was Caribbean International in terms of architectural theme. The second theme was Turn of the Century, and the third theme is Old Florida, going back to the early periods of Florida, and Florida's history. This is the type of circular rides that will be located within that park, you can see they're put in very pleasing landscaping surroundings and well designed. These are designed for primarily for youngsters, but as you can see there, they're used by youngsters of all ages. This is one of the high- lights of our Children's World. We are going to design here probably, what we consider one of the finest, we're going to take the best experiences from others, this is from Ontario, Place in Canada, it's a participation for youngsters where they can involve themselves in the use of the facilities by moving through them and enjoying the athletic experiences and the sports experiences that they would gain in this type of area. This is a type of attraction the slide, a very simple type of thing that large groups of youngsters can use to enjoy themselves with. This is a sophistication of what some of you may have played as a youngster, the King of the Mountain, it's done on an inflated plastic type of thing, and it''s a participation type of event for youngsters to use. This is, the cost in the Children's World will be for those tots who cannot participate because of their young age will be the standard circular rides for them, designed for the young kiddies. We're going to have within our Children's World, a nursery feature or baby sitting feature, so that couples and grandparents, if they want can leave their children under supervision, where they're be trained in arts and crafts, and entertained by trained professionals, while the parents or the grandparents can visit the park for eating, for recreation, for shows, for marine experiences, and we think this will be one of the highlights of enjoyment for our young couples throughout the area and will provide a primary attraction, reason for them to spend time there. This again, is a promenade area, the major attrac- tion for the teenagers in terms of rides is the hurricane loop coaster, this is the design of the loop coaster, it's acutally a half a monorail on aluminum tracks that goes through a variety of turns and configurations, including a 360 degree loop. This is one of the loops that are in existence in California, very interesting about this ride, there is very little sensation designed there dynamically, The real sensation is the visual sensation. The gravity force, that means the force in which you enter the loop and you exit the loop is about the same, and I had the experience one time in going on the loop and the consultants asked me to close my eyes at the beginning of the ride and not to open it til we ended the ride and to tell them when we were in the loop. It was impossible for me to identify the time when we were in the loop because the aeronautical design is so smooth that there is no sensation. That helped me understand somewhat the space moon shots. I always wondered how 8 APR 271978 the sensation of that type of expulsion through space what was the effect upon people in the vehicle, and because of the design of gravity force acid other things you begin to realize on a very stall scale why the astronauts ate able to endure the sensations of that ride. This is a lead into our Flagler Railway, which will be one of the highlights going through the park. This is the original Miami Flagler Station. This is the original Flagler train coming down about West Palm Beach, as we recall. This is the architectural design of the Flagler Station. You'll notice on the right, as it .passes near a Seminole Village areawhere we will have some displays of the actual Seminole activities taking place. And, this is a similar train in one of the parks that's existing, so you can see that it's very easy to convert from our Flagler Railroad to existing things. This again, is the Master Plan of the Island, it shows you what the configuration is. Now to the right of the old Florida theme,if you'll look there's an open passive area, that's basically a passive area which means that it's designed for open air concerts, for forensics. We hope to have public speaking, debating, etc., a different kiosk placed throughout this area, it will hold thousands of people, it's a passive area where they can walk, sit, rest, enjoy themselves without moving through the park and that area will also be held for future expansion of adding additional attractions into the park. It's about 5 acres and could ultimately be expanded on this side of the Island to another 8 acres. This shows that area as projected with possible design with two major attractions that we'll see later on. This shows you that a close up of that area, showing a water rapids ride very similar to what Miami had, how the Miami River used to be and another loop coaster, a unique feature being designed now that would be an unusual attraction. The adding of a third major theater and some other flat rides for youngsters and eating facilities. This is what Miami River was, it actually was a rapids at about the point of where Miami International Airport is presently located and we hope to duplicate that and make it very interesting. This would show the type of landing area where you would take the rapids area and the type of environment in which it would be themed. This shows the entrance into the cultural area, and this is the arts and crafts bazaar, where we will highlight very unique international and national arts and crafts in the form of showing how certain things are made, sell the end products and provide both merchandise and entertainment at the same time. To the right of this will be a two-story air museum and restaurant overlooking the Chalk's Airline base and we hope to involve in the museum the airlines that have their tradition in Miami, Eastern, National, Pan American, and Chalk, and to make something unique and interesting, both in 1-a historical feature and in a food experience while they look out and watch the seaplanes land and take off, perhaps take a ride and watch the animation of Downtown Miami and Chalk's Airline. This is the other feature as you move into the crafts area, the front pavilion would be for such things as country music, square dancing, and other types of activities, attendant to the era of Old Florida. Now, this is a theme of the architecture of the different booths and merchandise activities within this area. This is a rendering showing the other side, you'll notice at all times we take an advantage of the Cruise Port of Downtown Miami as the visitors walk through the park they can see the wonderful scences of Miami and enjoy both the reality of Miami and part of its theme past, present, and future. This is the type of entrance into this area that exists in other parks where you have arts and crafts, village done in the woods basically. These are the type of events that would take place from spinning to blacksmith activity, glass,weaving, and sale, and this gives you the overall view again looking at the arts and crafts area It'll have some food experience, where you can have fast food, and then behind it, sit down on a shoreline, there will be layered areas where people can just sit and rest and look at Downtown Miami and Dodge Island. We've used the waterfront as a passive area all around the Island so people can sit on benches, on the grass, on walkways, on paths promenades, and restaurants, in shops, and enjoy the animation of the Bay, of the boating, of Dodge Island, and watching Downtown Miami. This shows you how the park will look at night. This is similar, this is the Tivoli Shop, it shows you how the lighting can be very subdued around it, the interior lighting is one of the theaters in Tivoli and their tavern building , and all of the lighting is thrown inside of the park as you'll see, and the subdued lighting is carried around the park. This is the type of lighting along the waterways and along the shoreline areas that make it very attractive and very delightful, No neon all incandescent lighting. This is the type of interior lighting for your promenades and walkways. Now, that ends the first section of what we wanted to do and we thought now that we would shift to the economic status and then go to the model for any questions after that. The Commission and the press have been furnished with 9 APR 2 71978 /!' all of these chatts.and with other exhibits, and ao we'll tun through that very quickly, and if there are any questions later the Consultants will be happy to addresa it to it. The left hand column shows the source of the financing for the project. The source will be the $551000,000. bond issue and from the bond issue proceeds $9,500,000 is held in reserves for debt service,ittterest, and contingencies, $1,800,000 are the expenses of the issuance. The net proceeds for construction from the bond issue is $43,600,000. Prot the time that the money is received by the City and put into interest bearing accounts until all the money has been spent the money in the bank would earn about $3,600,000 and therefore the City would have available for construction $47,300,000. The right hand side shows how the $47,300,000 Would be allocated. The marinas and supporting services on shoreline, etc., would be $3,200,000. The park complex, itself will be $29,000,000. The parking service and access roads will be $1,800,000. The bridges for pedestrian and vehicular access would be about $3,000,000. The Japanse Gardens and Entertainment outside of the park, not inside of the park will be close to $1,000,000. The new Chalk's Airline Terminal is $265,000. The new Heliport $328,000. Utilities $940,000. The permits and performance bonds with governmental approval is about $700,000. The design fees, engineering studies, interior design, decor, theming , and all of the services needed about $4,000,000. The construction management and general conditions, encompassing everything related to the development of the Island about $3,000,000 for a total of about $47,300,000. These projections have been developed and reviewed by the design team and have been refined and up- dated as recently as yesterday. This is a projected backup and breakdown for how the attendance is projected for Watson Island, again you'll see that the local resident is broken down to Dade, Broward, and Palm Beach, those are the percentages of each area that would attend the park on a regular basis. In the lower right hand corner you'll see 1,000,000 sub -total from Dade, Broward, Palm Beach, and Florida: 33% from Dade, 20% from Broward, Plam Beach Counties, 2% from the rest of Florida. The tourists are broken down the same way, 30% from Dade County, 13% from Broward, Palm Beach, and 5% from the rest of the tourists who are in Florida. About 2,000,000 tourists, about 3,000,000 attendance in the average year. This is a projected operating expense statement for Watson Island it shows the projected attendance. It shows the estimated gross revenue by categories broken down as the gate charges in parking, rides, food, merchandise,arcades, and games, then their sub -total from that we've substracted the estimated cost of goods for food, for merchandise, and for games, and that leaves us with the estimated net revenue, and the operating expenses from which are deducted the labor costs, entertainment, overhead, and a variety of other expenses as set forth in the other charts that have been presented to you. And, it shows basically the net operating income available after all of the expenses and the percentage of the operating income as the gross revenue. This is the break even chart which shows that even though we're estimating 3,000,000 people in the average year, it shows how we arrive at the break even,that in order to break even the park only needs 1,800,000 visitors a year, that's about 6,000 visitors a day. 1,800,000 visitors to Watson Island can compare to the present rate of visitors to Omni which is about 15,000,000 people a year. So, if we drew 10%, about 10% of what's presently drawn to Omni in number of people the Island would break even in terms of its economic basis. And, it uses the test of debt service , fixed cost, and expenses. This again, is a shot of the model and we'll go briefly to the model and then to any questions that the Commission might have. Mayor Ferre: Alright, Mr. Fine, thank you for a thorough presentation. Is there anything else you want to add? Mr. Fine; Yes, I'd just like to point out to the Commission that what ... done is through the slides and through the model as shown to the community and committed to the community to develop the Island in a way that everybody can see and understand , and you'll see that from the visitors from the residential Island complete visual barriers of the Island by the use of landscaping and trees you can see the ,.. of the berm areas, landscaping, Ponte Vecchio Bridge, the three theme areas, the International Caribbean Village, Turn of the Century Promenade, both Florida from the loop coaster to the bazaar and the arts and crafts area, the Chalk Airlines, the Heliport, the new visitors tsarina, the area for water activities, the visitors marina on the west side of the island, the existing Rawl. Yacht Club, and the existing outboard Club, as well as the road pattern, people coming off the highway onto the island and over the pedestrian and into the area , , 10 APR 271978. Mayor 'erte: fit. Fine, the Heiipott5 where is that going to be? Mt. Fine: the Heiipott is located on the. west side of the island, Mayor Ferre: Where? Mr. Fine: (INAUbIBLE i COMMENT MADE OPP THE PUBLIC RECORD). Mayor Terre: I see, ok. Mr. Reboso: Mr. Pine, do you have anything oriented to the people from Latin America, Epanigh, Latin American theme or something? Mr. Pine: The thening of the entertainment and design of the Caribbean International Village is bi -cultural. Mayor Terre: Well, where is the Caribbean..:' Mr. Fine: This area falls from here all the way down here is the Caribbean International Village, it's themed for Latin and European and Ethnic and cultural background. The entertainment is all bicultural. The language the and all the activities are bi-cultural. The very extensive and heavy concentration both for the Latin cultural that we have here and our desire to increase the attractions from Latin America .... (REST OF STATEMENT UNINTELLIGIBLE AWAY FROM THE MICROPHONE). Mr. Plummer: Mr. Fine, is it true that the Mayor has volunteered to test the loop? Mayor Ferre: .. . Ronnie, what's all this stuff that you have down here, is that...under the table, is that where the stadium , water stadium, what— ever it's called? Mr. Fine: This Mayor Ferre: I Mr. Fine: This is the design plan as will be originally developed. see. is what we contemplate in the original design. Mayor Ferre: Yes. Mr. Fine: What we've done is. to plan the expansion of the Island, project for you as to how we would expand without activities on the Island. Mayor Ferre: That is not included in the $55,000,000... Mr. Fine: That is not included, that's correct. Mayor Ferre: ... nor is that. Mr. Fine: That's correct. Mayor Ferre: And, just for the record, how much would the Marine Stadium aspect of it cost? (MR. FINE COMMENT MADE OFF THE PUBLIC RECORD). Mayor Ferre: A million... is that all for that stadium? How many seats? Mr. Fine: 4,000 seats. Mayor Ferre: It's got to more than a million,.. how much did our Marine Stadium cost, J. L.,for one... our big stadium? Mr. Plummer: I can't answer that. Mayor Ferre; That coated around what 5,6 million dollar, 3 million? (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD) Mayor Ferre: I see,.. I don't understand how you can have a water ski show is that limited space, is that possible? 11 APR 271975 fah Mt. Fine: Yes, What We've done is ,.. Mayor Ferret Short skiis...? (INAUDIBLE BACKGROUNt COMMENTS MADE OFF THE 1'UBLtC RECORD) Mayor Ferret What? you can actually have a water ski show in that in that limited space? Mt. Pine: Absolutely. Cypress. Gardens right now uses less space than that ... Mayor Ferre: Ok. How about this other area where you have another ride, is that...? Mr. Fine: That's what the ride to the river rapids run, around here two rides within this area and another designed to climb the loop coaster. Mayor Ferre: And, how much will that cost, that expense? Mr. Fine: That was about another $4,000,000. Mayor Ferre: Ok. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD.) Mayor Ferre: Ok. Any other questions? Mr. Plummer: Yes, the only question, Mr. Fine, would you give me an idea as to the capacity of the Marine facilities which will be available to the public. If I understood you correct, this area here will be available to the public for the purposes of monthly and yearly rentals, whereas opposed the other side will be for the transient people who will be,just be visiting the park. Mr. Fine: We anticipate the majority of visits to the Island by boat will be small boats and therefore the small boat marina is located on the west side of the island for one primary reason that the total development of this island we have not had to use any . We've used the existing depth of the water now . We don't disturb the subwater base at all... Mayor Ferre: Even for this Marina? (repeated) Mr. Fine: Including this Marina, there's no dredging at all. We have no environmental requirement to do any dredging at all . We will not disturb the subsurfacs eebecause the existing depth here,as I recall. is about 13 or 14 ft. a. Mayor Ferre: Ok. Mr. Plummer: What will the capacity be of additional boat slips to the public? Mr. Fine: This has the capacity to handle 150 large hoats. It could b.e subdivided into smaller boats for more capacity if we so determine. The initial capacity of a small boat marina would be 200 boats and that can b.e doubled,and perhaps tripled. Mr. Plummer: Thank you. Mr, Fine: In addition to that we will have the marina facilities in the club they can be In fact we can in the future have the opportunity to have total marina facilities, completely surrounding the area. Mayor Ferre: You're not, you're not anyway touching on that subject, so that these respective boat clubs want to come with the plan of expanding ,., Mr. Fine; That's correct. Mayor Ferre; ,,, for public purposes► that can be done, Mir, Plummer; In your model, does it, maybe I'm a little off, but is the Yacht Club relocated ? lr, Fine; Yes, it is, The building area is being relocated here, and we've elongated „,service area for their yachts to park along the shoreline, in this 12 APR 271978 area here. SO, w.etve taken theta froth toughly abut here Where their building is and relocated the buildings here overlooking the watet, Mr, Plummer: At Whose expense? Mr, Pine: ... we have it planned at the project s expenses carried in the budget. Mr. Plummer: And, the Outboard Club will stay where it is presently? Mt. Fine: Within both of these areas there will be theming of the buildings, landscaping added and we'll have a completely different environmental appearance than it has now, even though the structure of the building facilities will be the same. Mayor Ferre: Ok. Further questions, Mrs. Gordon: Yes,... Mayor Ferre: Mrs, Gordon. Mrs: Gordon: On the clubs,Mr. Fine, occupancy? Mr. Fine: Ye Mrs. Gordon: Rev. Gibson: to another? s, they will. Commencing it Did you make Mr. Fine: Yes, sir, we did. will they be paying for their with normal return....? any provision for boat riding from one point Rev. Gibson: I didn't get that. Mr. Fine: Yes, I'd like to re-emphasize that; we've developed the water transport terminal at this point... Rev. Gibson: I see. Mr. Fine: ... it would house those boats- that would ferry people back and forth to different areas . The ferry shown is going to run from Dodge Island to Watson Island. It will give us the opportunity to attract 1,100,000 passengers more to take place on that Island. Those people have an average of about 4 hours a day to do nothing. We hope that what we'll do is by getting them over here befute-ur atter tney leave they won't have enough time to visit tae waole park f,:. and they will have overnight destination. Both the travel agents and the cruiselinet have indicated to us that they will sell packages that will have at least one day overstay in Miami. Over SU% of the people that use the cruise ships now do not stay in Miami, because there's no distination attraction to hold them, and one of the things that we're confident about is that we'll be able to create this over- night attraction so people might come down a day or two before they take the cruise or stay a day or two after they leave. Rev. Gibson: I see, that answers my question. Mayor Ferre: Alright, further questions. Anything else, Mr. Grassie? Mr. Grassie: I'd like John Gilchrist to speak to the question of the time- table for this project just a minute, Mr. Mayor. Mayor Ferre: Alright, Mr. Gilchrist. Mr. Gilchrist: Mr. Mayor, and Commissioners, the reason for this presentation day is a compliance on the part of the Diplomat World Enterprise. Mayor Ferre: You better speak louder, to do what, a compliance? Mr. Gilchrist; This is a compliance with the agreement between the City and Diplomat World Enterprises which required thew to come back before the Commission within 180 days, We signed the contract with the in November 11, in 77,and they_were specifically asked to come before the Commission to present it here and ask the Cowmission for approval of the design concept, that Is tie pl.anni.ng 13 APR 2 197 Agai concept as it's been presented and the economic feasibility. Mayor Ferre: Andy we need to have a ibotion then to that extent? Mr. Gilchrist: Yes, I believe so. Mayor Ferre: So, basically what we're doing here so that the metnbers of the public understand is we're specifically addressing two things, the design concept and the economic feasibility. Mr. Gilchrist: That's correct. Mayor Ferre: Alright, anybody else want to speak? Alright, at this time before I recognize the members of the various Islands that wish to speak I'd like to just for the record submit a letter which you all have in front you dated April 26th, from the Greater Miami Chamber of Commerce, signed by Alvah H. Chapman, Jr. and R. A. Goode, which as you can see basically says that they have polled their members and the poll substantially supports the project and then on April 5th,the Chamber Board Governors approved the recommendation of the New World Center Action Committee that positively endorse the project. I see Lester Freeman in the audience, he may want to expand on that. Secondly, we have a letter here from Richard E. Briggs, Executive Director of the Marine Council, which says that the Marine Council wishes to commend the Diplomat Enterprises on its imaginative for Watson, and we are in accord with the marina aspects of the plan and urge the City to accept the proposal, and lastly, but to me, perhaps, the most important is that we have Herb Lee Simon, who is Chairman of our Citizen's Committee for Development of Watson Island, and the reason I say, most important is because Herb has been dedicating the last three years a tremendous amout of time to this and he's got his committee, he also got a favorable vote recommending it, You have a memorandum dated April 10th, Butwhat 1 think is most important is that you have before You a packet which has the personal comments of each member of the committee, starting with Guillermo Bermello, and then right on through Decker, Kenneth Friedman, Glenn Goerki, Kolisch, Joffre, Rayne, etc., etc. Now, the reason I take time to point it out is because these people, supposedly, and I hope that this is the case, do not represent the business community, do not represent the marinacommunity, do not represent any special interest group, but represent a cross section of this City of Miami, doctors, dentists, real estate people, housewives, youth advocates, women advocates. I think it's a fairly well balanced committee Herb,and I want to take special effort to commend both you and your committee►for not only your dedication, but to the thoroughness of these comments, which I personally and I'm sure the rest of the Commission have read and I would like for you to express to your committee how grateful we all are for the effort and time that this took. Alright, before we turn to the Hibiscus and Palm Island Group, is there anybody who wants to speak now? Herb, would you like,,,,yes, ok, go ahead. Mr. Simon: I know that means make it very short. The packet that you have in front of you, say is representative of the Citizens Committee, which you appointed, which we trust is representative of the citizens of Miami , and as you will see there, although we had an overwhelming"yes" vote for proceeding with the project, there were some reservations in the committee members minds, as there are of course►in some of yours. All of these reserva- tions were resolved at a meeting that we had this week with Mr. Fine and Mr. Gilchrist, at which time we saw this model. We had not seen this before, although we' d seen the presentation .And such things as the landscaping, it's been done here, especially the landscaping which one of our members in partic- ular who was, I believe,the only "no" vote in there, in your packet, he was last year President, I thought this would b.e interesting to you, last year he was President of Miami Beach Real Estate Broker, Board of Realtors, he is currently President of Miami Beach Talcpayers Association, he is a member of many other Beach and Island Organizations, and day before yesterday, after the meeting with Mr. Fine and seeing the model, having his questions answered, he said. that,"all of his reservations were resolved, he would change his "no" vote to "yes" and he feels that if the other members of the various groups that he represents could see this model that they would do the same , so I wish you God speed and full speed ahead, " Mrs, Gordon; Who is that ferbie, who is that? Mr, , Simon; Ramon Fisch, 14 APR 27 197B Mayor Ferre; Alright, anything else? Alright, Mt. Ratner and ladies, how many speakers did you nettle on? (INAUDIBLE BACKGROUND COI fl T) Mayor Eerie: Alright.... well, we'll ... Now, how long would you like to have? One minute? Dw.o minutes, ... . , Alright, Mts. Shubin go ahead. Mrs. Shubin. Mt. Mayor, t etnb..ers of the Commission, I atn Florence Shubin, President of Save Watson Island, Incorporated ,an organization composed of persons from Dade County opposed to the development of Watson Island into an amusement park, and therefore are opposed to the plans of Diplomat World Enterprises presented to you today. We not only , protest the distruction of the environment of Watson Island as it is, a beautiful unspoiled Island in Biscayne Bay, given to Miami by the State of Florida as a free park area for the publicy,but we also protest the damage a commercial park would do to the Bay itself and to the surrounding communities that would be directly affected by traffic, air, and noise pollution. We protest for the people of Miami, the tax burden that will fall upon them if the park is a failure and the tax burden on all of Dade County if it is a success,and additional highways and bridges have to be built to support it. We wish to go on record as being opposed to any plans for the develop- ment of Watson Island into an amusement park, and hereby put you on notice that we have not abandoned the fight to save Watson Island, but rather than we have engaged an attorney and intend to pursue this with legal action. Thank you. Mayor Ferre: Thank you, ma'am. Yes, ma'am. Ms. Dobrin: Mr. Mayor, Commissioners, I appreciate the privilege of letting us speak. I'm Lois. Dobrin. I am President of the Venetian Island Improve- ment Association. I've lived in Dade County for 53 years. My husband was one of the earliest physicians here. He has recently retired, and when I'm, on the point, the gentleman that preceded me said that -I believe it was the Mayor,who said that doctors had endorsed Watson Island. Well, if you go on a head count more physicians live on the Venetian Islands than any other one locale due to the fact that it's equal distance between all the city's hospitals, so I think that,I can't speak for them immediately, but I speak, particularly,we have 600 single families owners who are members of the Venetian Island Improvement Association, and a good part of them are on San Marco and Biscayne Island which are legal entities of the City of Miami, some of them are present today. There are 60 new co-op's that do not belong to our association in the Sand Piper Villas, who appealed last week to our organization to help them save Watson Island, that's just parenthetical. I'm going to speak for one minute on the crowding of the area. I know you have heard a great deal about all the charms, all the money, all the hoopla that this project is going to undertake, but have you ever realized one thing?. -.Last night when I thought, how in the world can I convince Commissioners, who are so set on this project to reconsider. I was reading a new book called, Losing Ground by a Professor of Political Science from John Hopkins University", and he made a statement backed up by U.N. Figures, that,the population of the world has reached such a stage that it is shocking . The population of the world took one billion people three billion years to come to that situation, that was in 1830 . Since then in 100 years we went to two billion, 15 years we went to three billion. By 1990, we will be four billion people. Do you realize what that means, the crowding of this world, the crowding of the coastlines which have become the desirable place for all human beings to go to? I want to know whether you as intelligent leaders of our community are going to leave a name for yourselves that will not be very elegant if you are going to add to this great crush of pollution of a pardise that God and the State of Florida gave to us in the name of Watson Island, and I beg you to reconsider what you're doing to the area. (applause) Mayor Ferre; Thank you. Mr. Ratner? Mr. Ratner; I'm Nat Ratner, a past President of the Palm Star Hibiscus Island Property Owners Association. Not since the founding of the City of Miami in 1896 has the City ever put forth a project of this scope, $55,000,000 without submitting it to a vote of the people of the City of Miami, (applause) This is no routine budget item at all., This is a remarkable project, certainly the City, the people who have to pay the utility tax and even al.l the people in Dade County because we really are one area in truth and in economic fact, and if the City has a problem here,and if the City goes bankrupt because of it, 15 APR 1978. the test of us in Metro will have to bail the City out, but at least at a hinithuth, let the voters. of the City of Miami have this matter on the ballot and let theft) decide and let them use their fiscal common sense, it's their property which is involved, it's their pocketbook which is involved, and I truly think that you ihust let the voters of the City have a voice in this matter. I happen to be a,.. Mayor Ferre: Nat, I don't mean to interrupt you, but that's not the purpose of our discussion today now, I'm going to allow you to go ahead and make that presentation. You know, we've discussed that same theme before and the Commission hasvoted on it. Now what we're here to do is to either approve or disapprove this design and the economic, you know,I just want to remind you of that, of course, you can say anything you want. Mr. Ratner: first I feel obliged to the compliment, Ronnie Fine and his group on their design concept, it's getting better and better, frankly it's brillantly done. They have a good track record and a good background, and the design concept is brillant, and I don't intend to rain on their parade or throw rocks at any of the design aspects of it, or of the developers who I think are excellent let us, use a logical approach, if we are going to have a theme park in Miami, don't all of us in this room want that theme park to be in the best location for that theme park wherever that is? And, I'm not saying where it is. But we all want it in the very best location. Now, have we made a study of the possible locations that the theme park might go in? Have we made a study for instance, of the possibility of putting it at the foot of Flagler Street in Bayfront Park, where 20,000 people who work in Downtown Miami can walk across the street in the afternoon or during their lunch hour and enjoy and use the facilities of the park, where the shoppers, Latin and Tourist, and visitors alike, who come to Downtown Miami can walk across the street, where we have gaint parking garages, you've got a 7-story parking garage in the building at 1 Biscayne, which is unused in the evenings and on weekends where a theme park would do most its business during that time, you've got a 10-story parking garage next to the Ferre Building on Biscayne Boulevard, you've got existing parking garages adjacent to Miami -Dade County Junior College, and all those garages are vacant at night, they're vacant during the weekends. Greater Miami could become alive at night and on weekends if this. project were put in Bayfront Park.or if it were put in Bicentennial Park. And you know the Chinese have a saying,"to make a mistake and not admit it is then to have made the second mistake". And, everybody in this room at one time or another has made a mistake of one kind or another and the wise among us admit it. Can it be that there are better locations than this one and they've not been studied? I'm reminded of the study that was done that resulted in Jet Portsite 14 being recommended. They considered some 38 possible sites. They narrowed it down to 14. They narrowed it down to 9, then 3, then 1. We didn't do that here at all. Instead, in advance, the powers that be decided well, Watson Island should be developed, let's see what we can shoehorn into Watson Island, and that's the wrong approach. The approach should be the reverse of that on both counts. The approach should be where is the best location for the amusement park, or the theme park , and secondly, what's the hest use, whatever that may be for Watson Island? For instance, maybe the best use might be for a Blimp Base, or Marinas, or Open Space, or Japanese Gardens, for most of the things that are there now in the way that they're there now. One bad thing about this particular location is that the expansion options trouble me very much, you know, the Port of Miami was to have occupied 100 acres only. It was to be fully landscaped when it was built and the ships were not to blow their boilers or their stacks to cause pollution. What happened? It's now not only explanded to 300 acres, that's not enough they want to add another 200 acres, Lummus Island, they never landscaped it. Where is the landscaping on that Port? And, the pollution from the smoke snacks is such that we end up with it all over our islands, we're down wind of it, as is Downtown Miami. And, that's another area of great concern that worries all of us here. I could say an awful lot more but we do have other speakers. If you can find it in your heart or mind to give each one of it even 60 seconds, I'd like to have Mike Rappaport come up for that period of time, and then... Mayor Ferre: Nat, I'm really sorry, we have a very, very tough agenda this morning. With all due respects to all of the ladies and gentlemen that are here, I haven't heard one new sentence expressed, one new thought, what you've all aai:d, I sympathize with, I understand what your problem is, but frankly there hasn't anything new been said, and we really have to move along, so unless somebody has something new that they want to add, alright, sir, if you have 16 APR 27197k sosething new that you want to add we'll be happy to listen to you, eiren though I repeat, this. is riot a public hearing. You have to go to the Microphone, and your name attd addrei.$pleas:e. Nat, can we have your address? (RACkGROt COMMENT) Mayor Ferre: ... Hibiscus $rive, ok. Mr. Rappaort: Right. My name is Mike Rappaport and I lute at 121 East 3rd Court, Hibiscus Island, also. My question would be to you gentlemen and to the Council, you have a figure of $55,000,000 ... Mayor Ferre: Right, Mr. Rappaport: that you're working on now. Now you have a question of a proposed monorail to link up with the Rapid Transit System, how many more dollars are you, you know, approving, because you're giving a blank check here? Mayor Ferre: Mr. Rappaport, I can answer that one real quick. We are tot at all considering any proposals of Rapid Transit or anything else at this time. That was just something that Mr. Fine was talking about in the future. Mr. Rappaport: Well, it would seem that their might be a better site,sir, with all due respect, it might include the Rapid Transit System and give access to more people, thereby making your theme park which is a great idea more of a possible success and even more revenue for the City •Where you are here you've got to expand, you're going to have to go east or north, you can't go into a ship channel. You're talking about 5 acres set aside for future development of 90 acres, which you're developing right up front, you've gotto go into your parking, you're cutting yourselves off before you even start, if you got a great success, where are you going to go? At least, in Bayfront Park, you can go north or south or up by the Omni, you've got unlimited potential. Thank you. Mayor Ferre: Thank you, Mr. Rappaport. Alright, are you going to add something new? ...0k. Ms. Donnelly: My name is Elizabeth Donnelly. I live on 5480 N. Bay Road, and Mr. Mayor and Commissioners, I appreciate you letting me speak. I think it would be a jewel in your crown if you declare Watson Island a national monument for your fellow man ... Mayor Ferre: Right. Ms. Donnelly: ... with air to spare with no building, just to improve the entire island landscaping. Thank you. Mayor Ferre: Alright, Ms. Donnelly, thank you. Alright, ladies and gentle- men, at this point now, I think we've really come to a conclusion after two hours. Do you have to say it? Alright. Ok.... Alright, dear, come on up, are you going to say something new that we haven't heard now?.. That's alright. Ms. Walker: My name is Dottie Walker and I live at 28 West San Moreno Drive. I only have to ask you one queston. Concerning the noise, you put up a sound barrier, you say of 30 ft. for the traffic coming by, now how high above that sound barrier does your rides,your loop rides go and the screaming that goes with it?..•Your top of your loop is 20 ft., it's only 20 ft. from the top to bottom ground?,,.You're telling me then that the sound barrier of the road being raised above it will prevent the sound coming across the water is that what you're trying to tell me? (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mayor Ferre: Well, we're not here on a debate now, so.., ok. Ms, Gilbert: I think the main problem,.. Can you hear me? Mayor Ferre; Yes, we need your name and we need your address, Ma, Gilbert; Sandra Gilbert, at 22 West San Moreno Drive. I think the meior 17 APR 271978. problefn and your presentation is quite beautiful and if the park is landscaped like you have explained it it Will be quite beautiful, But MA problem is w.e have homes very close to out park With tremendous investments and I don't think if you had the investment in your home that most of us have in butt you would like a large light shine in your back Window or you would like to hear screaming roars from the roller coaster when you're entertaining your quest on the veranda . So this is our problem. We are concerned with the light and the noise that will cote from your park. And, I think if you could assure us in some way and we had some guarantee that this light would not be shining across the Bay into our living rooms and dining rooms, and if you could assure us that we wouldn't have a tremendous noise factor that would , you know, be disconcerting, I think it would alleviate a lot of the problems of the Venetian Islands. Mayor Ferre: Ronnie, you want to maybe address that? Mr. Fine: I'd like to, I'd like to just relate that the beacon light is an internally litbeacon. It's not a throwing light beacon, so we will not be throwing any light off of the island. It will be just an internally lit beacon. Number two is the sound studies show that the existing traffic on the Causeway today creates more noise than anyproposed element of the develop- ment, itself, so we feel very comfortable that in addition to the buffers that we're going to create for light and sound and visibilitythat there won't be any increased discomfort to the Island owners and we hope that it will be an advantage to them in terms of their visual perspective of the Island. Mayor Ferre: Alright, now I really find it hard to believe that's only 20 ft. high, the top of that ride. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD) Mayor Ferre: I see. I understand. Ok. Alright, thank you very much ladies and gentlemen. Now,.. what's the will of this Commission? What we're here to do is either approve or disapprove of the design as presented 111, and 112, the economic studies presented. Is there a motion? Mr. Plummer: Mr. Mayor, I look at this morning as a matter of routine. It's not a matter ,... Mayor Ferre: No,sir , didn't you hear what Mr.... were you out of the room when Mr. Gilchrist explained that? The contractual obligation that we have signed... Mr. Plummer: ... yes, I understand, but what I was getting to, the point some of the people and some of the people of the media have a feeling that, you know, today is the day , payroll day, and either it's a yes or no. I don't look at it that way. In my estimation, this project was yes or no the day that we selected a developer. Now, as far as I'm concerned, it is a go item, as far as I'm concerned I'm very, very well impressed with this presentation here today, even the opponents have made that point, that it was well presented, and I, Mr. Mayor, if you wish, a motion of acceptance of this plan. I offer such a motion. Mayor Ferre: Now, does that include both the design and economic report, J.L.? Mr. Plummer: Well, I'm sure not in a position to argue with the economic report. I accept it as presented. Mayor Ferre: Alright. is there a second to the motion? The design as presented,in other words, that we accept the design and the report... Mr. Reboso: Second. Mayor Ferre: and there's a second on the motion. Mr. Plummer: And, under discussion, Mr. Mayor, I hope that my motion today in accepting the plan doesn't give anyone the idea and surely not me that this plan is etched in concrete, that it is not a plan that doesn't have some flexibility. That if the developers feel that there is something that they would like to have a small or change in, or the City feels that there should be change, that there is not that flexibility built in, that it's not etched in concrete, We accept this as an initial, but,yas , it is a viable, blend! able type of thing. 18 APR 271978. Mayor Fette: rather Gibson? Rev, Gibson: Mr. Mayor, I think. I understand what Cotitttissioner Plutttaer is saying, but I Want this for the record, It'•s. a flexible plan, and subject to change if and only if, it is in the best interest of the people, not in the best interest of the developer, but in the best interest Of the people. I want to take sure, that's different. Mr. Plummer. Well, Father, let rite also, because maybe what I didn't say I gust figured would be inferred, and that is that any change would definitely have to cone back before this Coiittniss.ion. Mayor Ferre: That's written in the contract. Mr. Plummer: Well, ok, so I'm saying that,... Mayor Ferre: Any changes have to come back to us. My only comment Mr. Fine is that both in the drawings and very specially in this model that we have before us there is a heavy indication of landscaping. Now, you and I both know that it's very difficult to ... there's landscaping and landscaping, Now you put in a three year tree if you're talking about black olive, for example, or you can put in a 10-year tree and there's a world of difference between them. Now, your indication is that of a fairly lush environment in both drawings and itt this model.You also showed us slides and you used Tivoli Gardens a lot. Now, we both know that in northern climates during the spring and summer there's a tendency for a lot of lush vegetation. In the subtropics, that's a little bit harder to achieve. Now, we also said that their was 2.2 million dollars to be spent in that. That's a lot of money, but as compared to what? And, as spent how? Because over an 86 acre island, 2.2 million dollars in trees is not very much. So, I think that, on the record, I want to just make this statement, that you have an obligation and a commitment, which I think is going to be very, very difficult to live up to and I just want to make sure that that's clearly understood. Mr. Fine: Mr. Mayor, the landscaping consultants have tentatively set forth a growing plan, where on the day of funding we -would have a two year spread. We would begin to buy, purchase, and grow the landscaping for the island, so that we anticipate that within the two to three year period that we can assure ourselves that the model can be substantially in effect. Mayor Ferre: Thank you, anything else? Rev. Gibson: I just would, ... this is not a... I hope those landscaping consultants will do a better job in this project than they did in African Square. The inference is New York fellowsdon't know one doggone thing about South Florida. (applause) Ok? I just put that for the record. Mayor Ferre: Alright, further discussion? If not, call the roll please. The preceding motion introduced by Commissioner Plummer and seconded by Vice Mayor Reboso was passed by a unanimous vote. SAID MOTION WAS DESIGNATED MOTION NO. 78-259 . SEE LATER CONFIRMING RESOLUTION NO. 78-302. Mayor Ferre: Alright, thank you, ladies and gentlemen. 2. DISCUSSION OF STATUS OF SEVERANCE PAY FOR FISCAL YEAR 1977-1978. Mayor Ferre: We're now on item #B, which is the first report on the status of severance pay for Fiscal Year 1977-78, Mr. Manager? Mr. Grassie: This is a first regular report,Mr. Mayor and members of the City Commission following the budget discussions we concluded approximately three months ago, Before I ask Mr. Gary to come to the microphone, I'm going to allow a little hit of time for the displays to be cleared. (BACKGROUND COMMENTS ) Mayor Ferre; Mr. Manager, we're on item #B, Mr. Grasste; Somebody hag got my copy already. 19 APR 2y 1978, (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD) Mayor F'ette: .., Mt. Grassie? Mt. Grassie: Mt. Mayor and „tett►hers. of the City Commission; at the conclusion of the budget process -for this year the City Commission asked that on a quarterly basis we return to you and report on a specific item within that budget which was: the estiflations trade by the City with regard to the need for severance pay, and it is that question and with that report that our Budget Management Director, Howard Gary is here to address. Mr. Gary: Good Morning, Commissioners.. In your package, your agenda package, you should see a letter from Dr. Harvey Hendrickson, dated April 20, 1978, to the Honorable Joseph Grassie. In sutmary,in that letter Dr. Hendrickson projects that out of the approximately two trillion dollar's budget for severance pay we will spend approximately 1.7 million dollars, which will result in a $300,000 surplus. We worked closely with Dr. Hendrickson in providing the information and we concur with this report. Now, just to give you some, you know, facts on severance pay as we've experienced it today. We've had approximately 258 people leave the employ- ment of the City from October 1st to April 8th, of those 258, the significant reductions or severances have occurred in the Police Department which have totalled 83. The Fire Department which has totalled 33. Parks and Recreation 31, Solid Waste 29. Now,of the 258 people leaving the City, 82 of them were due to retirement. We did a projection that was separate and apart from Dr. Barry's.and our calculations we are within the same range as Dr. Barry's. Now, the way we did this calculation or at least the data that was used was based upon pretty much the discussion that occurred during the budgetary' process of last year, that is,we had to collect data over a 5-year period and we charted out the trends. Now, the trends for the last 5-years have been pretty much similar. The severance pay begins to increase during the last part of December, heightens out during the second quarter, decreases a little bit in the third quarter and levels off in the fourth quarter. Now, in the resolution that was passed by the City Commission there were two priorities that were given for the use of severance pay. The first priority was to fund four police officers that were originally proposed to be funded under C.E.T.A. The second priority was to fund four firefighters, which were also proposed to be funded under C.E.T.A. and a third priority was to allocate the balance to essential services., namely police, fire, and sanitation. Now, in terms of the $300,000. The four police officers positions will cost us approximately $37,000. The four firefighters positions will cost us approxi- mately $21,000. It is also suggested that $140,000 of this amount be used for the new fire recruit class. ... The new fire recruit class. Now the reason for this is that during the allocation of salary savings the system by which we allocate this amount changed from the previous year, whereby the Fire Depart- ment was required to save $140,000 more than they had the previous year. By doing that, would have eliminated the Fire Department having the opportunity to establish a new recruit class so that they could fill those vacancies that occur as a result of retirements and other severances. Taking those three items aswell as $54,000 for holiday pay which the Fire Department left out of their budget would cost us $252,323.00. Now, if it's decided to use those funds from the severance pay surplus we would have a net balance of approximately $47,677.00 remaining in the severance, $47,000 approximately remaining in the severance pay account. That's the end of my report....Now, I think if I may, there is another item on the agenda, I think, that relates to a letter submitted by me to Joseph Grassie, outlining the budget problems that we are confronted with .Excuse me one second. Instead of going on to another item, I'd like to at this time have some comments from Dr. Hendrickson, who we worked together with. Mr. Plummer: How about some comments from Commissioners,Mr. Gary? Mayor Ferre: Well, we're going to get to that in a moment after Dr. Hendrickson .., has whatever he has to say. Doctor, if you'll forgive us for interrupting that delicious midmorning snack. Dr. Hendrickson: After all those goodies, it's hard to get started again. Goad morning. In terms of what I've looked at in the last couple of months. one was the severance pay and I spent most of my time looking at that. Vru'11 note that that $300,000 is projected as additional savings there is not from the initial budget of 2.3 million but from the 2.3 million reduced by about $250,000 the revision in December to help cover the cost of avoiding layoffs and so it's about $300,000 then from that or total of about $550,000 in savings from the initial budget, again, this is an estimate, it's a point estimate. It could high, it could be low, it's an educatedguess hopefully at this point 20 APR 271978. and time. It's. the hest we could do at the end of the March,. Now there Maybe s.otne additional savings coining along during the year and Howard is working on those, looking into the situation on salaries., for example And, this also assutnes that revenues will be as budgeted, It's conceivable that the actual revenue budget could be too low or it could be too high. The actual revenues cotmirtg in could be higher than budgeted. It could be lower. This, I did not look at. In doing this work this time and reflecting on some of the cot -tents that Were made at prior meetings that I've attended We had some discussions on the problems of getting data and some of these have I think gone to cotttents about specific people and again I've had very good cooperation, but I know nowardlhas had , problems in getting information. It is a problem of information retrieval, so I think something deeds to be considered about the system itself. It's very difficult to get some kinds of information out and this makes planning and budgeting very, very difficult, so this is something to be considered in the future. And, if I could by way of summary I might say that just as the apparent inavailability of funds was not adequate to justify layoffs it would seem that possibly the availability of funds should not be used in excuse for needless hiring. In other words, hiring should be done,and this is a policy matter obviously, should be done with discretion. Hiring should be for needed services so that you need not consider layoffs in the foreseeable future. That's all I have unless you have some questions. Mr. Plummer:Doctor let me ask you a question aside from this. One of the things that this Commission,listened very intently to you back when you made your initial report was the great crying need for revamping and updating our budget process and we the Commission asked you to work with Mr. Gary towards that successful end. What if anything is being done towards your recommendation,... in your opinion? Dr. Hendrickson: I think Howard has accomplished a number of things and he's working very closely with Mr. Gunderson and I think you'd have to get the report from him in terms of whether the availability of information is better now than it was before. Mr. Plummer: Well, as you see it. Dr. Hendrickson: As I see it,it's still rather slow. in coming to Howard. He's been very cooperative in getting information to us or to me as soon as he gets it. Mr. Plummer: Mr. Grassie,has Dr. Hendrickson been privileged to the information about the tragic wand machine that I keep referring to?... Mr. Grassie: I don't know Commissioner, whether in the discussions that Dr. Hendrickson has had with Howard Gary whether they've touched on that point, but it may be well to simply ask Mr. Gary to give you a very brief comment on that. Mr. Plummer: No, I'd rather do it the other way. I'd like to leave here today with the assurances that Mr. Gary or whoever is responsibile will explain to Doctor, exactly what they are contemplating in this new retriev system and let him give his input as to, you know, it's good or it's trying to achieve those goals in which you set forth. Dr. Hendrickson: Yes, I know from the comments that Howard has made that he does have some real problems, and you know have... imposing a computer system... Mr. Plummer: Doctor, what I'm really saying is that we're going into a computer which I call the magic wand... Dr. Hendrickson: Right. Mr. Plummer: .., and I would like to have your comments as an outsider as to what they are contemplating doing that you feel is is going to be helpful, it will be not helpful, I would just like your opinion as to what they're contemplating to me or to the Commission. Pr. Hendrickson: If I understand the information that's been given to me so far the plan is to have the budget also intergrated into the system% Now, whether they're making good progress or not, I don't know. I've heard that there is some problem ... 21 APR 27197k Mr. Plummet: I just want you brief and in yout opinion, sir, Dr, Hendrickson: In ty opinion, it still is. not fully operational, Mt. Plummer: Yes, I understand that, Dr. Hendrickson: But the objectives. are good, Mr. Plummer: Ok. Dt. Hendrickson: The objectives are good. Mayor Terre: Alright, thank you, Doctor. Mr, Plummer: Mr. Gary,:..Doctor's letter of April 20th, do you agree or disagree? Mt. Gary: Disagree, I mean agree. Mr. Plummer: You agree? Mr. Gary: I do. Mr. Plummer: Mr. Gary, in October we spoke and everybody thought J. L. was crazy, J. L. isn't so crazy anymore, is he? Mr. Gary: In October, we spoke everybody thought Howard Gary was crazy.... Howard Gary. Ail Mr. Plummer: We still agree on that. Mr. Gary: No. If I may respond to that, is that during the budget, the final stages of the budget everybody assumed, well, at the last meeting, I remember talking to you and I remember talking Dr. Barry, but we stillthought severance was a million too high. Now let's assume we took that million off of the two million, we would only had one million appropriated. As of April 8th, we have spent more than one million. Mr. Plummer: Oh, I understand that. Mr. Gary: Ok, and then at the end of the year we're projecting 1.7 million, so if we had used, you know, your figure or some other people's we'd be $700,000 in the red. Mr. Plummer: No, I disagree. Mr. Gary: You disagree? Mr. Plummer: I disagree. At the present time over what you projected, which I contended at the time was tremendously over projected. We are already below $550,000 below what you had projected. Now, let's don't get into that. Mr. Grassie: That's not true. Mr. Plummer: Well, it's not true to the extent,then that's why I asked if he agreed with the letter... at this point we're looking at a 1.7 million as the total allocation for the year. You projected 2.3 million, now if that isn't a half a million dollars. Mr. Gary: No, that 2.3 million now included money that would have had to been paid to layoff people and since we were not laying them off we took that money and put it back into the General Fund to maintain employees or to keep them on board. Mr. Plummer; More importantly, ok? Mr. Gary; Yes. Mr, Plummer: What does history tell the Budget Department? In the last half of the year, are we to look at possibly a greater savings, a greater expenditure, what has history told us over the time that the last half of the year traditionally does? 22 APR jrf 19 . Mr, Gary: Oki as,I stated eatliert the bulk of out cosh occut during the second quarter. It hegins to heighten duting the latter parts of Decefnber and it really heightensduring the second quarter# the tiDonths of January, February, March, During the latter part, the third and the fourth quartet they begin to decrease and level off, Mr. Plummer: So we've hit the peak. Mr, Gary: Ve've hit the peak and we're now corning down. Mr. Plummer: So in other words, this letter of the 20th., in fact shows the peak? Mr. Gary: Yes. Mr, Plummer: Because as I recall, you know, t made the statement when I first came with the City people didn't have to worry about tax problems when they retire because there were no problems. Today, we find our city employees with tax problems having to wait until after the 1st of January to retire, so I'm assuming that the peak was hit sometime in January. Mr. Gary: It was, January, February, and March. Mr. Plummer: Ok, so in other words, the last six months should not be as secure as the first six. Mr. Gary: Right. Mr. Plummer: Alright, that's what I wanted to know. Mr. Gary: It's not a straight line. Mrs. Gordon: Gary, I did not get out my budget to see but somewhere in the back of my mind it seems to me that the 2.55 million was something higher than that. Mr. Gary: As I stated before, our original budget included $2,300,000. Now, the reason was 2.3 million is because it included people that we had proposed to layoff. Now, because we were'nt going to lay the people off that money was taken out of the 2.3 million, approximately $254,000, and was put in a pot to retain those employees. If you remember the letter I gave you showing you how we could save the employees... Mrs. Gordon: What pot was it put in? Mr. Gary: Beg your pardon? Mrs. Gordon: What pot is it in? Mr. Gary: Well, it remained in the General Fund. But instead of using it for severance pay we used it for employees salaries. If you remember the letter I said that we could take so much money from FP&L, we could take so much money from the Enterprise Funds, we could take so much money by putting people on C.E.T.A. and one of the last ones was that because we were'nt going to layoff people we would not need 2.3 million for severance pay but instead 2.55 million. Mrs. Gordon: And, did we receive an amendment to the original budget? Mr. Gary: 011, yes. Mrs. Gordon: And, we acted on that? Mr. Gary: Yes, Mrs, Gordon: I just don't recall the ... Mr, Gary: Ok, and when you acted on it that figure was $2t055,00.0. Mrs, Gordon; Somebody is supplying ate with,. the Clerk supply me with the ordinance that would have made that adjustment, Mr. Gary; i have the letter right here, Mrs. Gordon: No, I'm asking the Commission action that adjusted that, APR 271978, Mt. t'lutamer: Mt, Gary, let be ask you one other question Mt. Gary: Yes. Mr. Plunitet: Aside, and I'm going to put you on the spot, ok, aside frotti this area in which you have addressed, do you see any flags of danger flying for the ret►ait:ding six months? Mr. Gary: Yes. Mr. Plummet: Where? Mr. Gary: Well, I submitted to you, I'm sorry I submitted to the City Manager a copy of some budget problems that we were facing. Mr. Plummer: We have that. Mr. Gary: Ok. Now, assuming that our revenues are the same as what we anticipated and our expenditures ate the same as what we anticipated we will have overruns to the tune of approximately $768,000. Now, let me clarify that Mr. Plummer: Please do. Mr. Gary: We are in a process of doing what I call a mid -year budget review which analyzes the revenues and expenditures to determine whether or not we are receiving revenues as anticipated, and expenditures as anticipated, to show the difference between those two. But mainly, to compare our actual revenues as estimated by us to actual expenditures, or not actual expenditures, Ail but projected expenditures as estimated by us,to come up with how we stand. For example, we may anticipate one million dollars in Federal Revenue Sharing but we only may get $800,000, however that may b.e off set as. a result of us going to departments and find out that we had a million dollars for the Transfer Station, but departments would only need $800,000 because it opened late. So, we are working with departments to determine what their expenditure needs will be. We're working with the Finance Department and Dade County to determine what our revenues would be to come up With a true situation as opposed to a budget. You know, a budget changes the second day after you pass it. Mr. Plummer: Well, more important, let me ask this question? The one that always worries a businessman. Mr. Gary: Yes. Mr. Plummer: At this point, the halfway point, what is the comparison of your projected revenues only? Mr. Gary: We haven't completed that. That probably will be completed by the end of next week. Mr. Plummer: What does it look like? ... I mean has there been any serious attack on the revenues, you know like last year we were faced with all of a sudden a certain notice from the Tax Department that we were going to get a million and some dollars less than anticipated.Have we been hit with any of those this year? Mr. Gary: Well, in some categories based on our receipts of cash we found a couple of areas , however, you know, we have to verify that. You know, it maybe a back log in the tunnel, you know, when I mean a back log in the tunnel, the person or the agency that's responsible for giving us the money may not be giving it to us on a timely basis, which means that we may get it in the future. So we have to contact that agency to find out what is the status of your revenues as it relates to the City of Miami? Mr. Plummer; But is there any significant source of revenue that has significantly changed in what you projected? Mr. Gunderson: There are two areas which have had a significant reduction, Mr. Plummer; That's what I'm interested in, Mr, Gunderson; One is the cigarette tax, 24 APR 2 71978. Mt. glut ett And, What has that dtopped? Mr. Gunderson: That, they noticed its. from the State that we could antici-: pate and I'm trying to remember the .., I think it was about $800,000. Mr. Plummer: Less? Mr, Gunderson: Yes. And, the reason for it was that the large amount of bootlegging, in spite of the fact that the cigarette tax had been increased. Mr. Plumper: And, the second one? Mr. Gunderson: And, the second one, is due to a Supreme Court ruling relative to traffic ticket reductions. If you recall, the legislature had gone ahead and doubled the fines and the Supreme Court reduced that and made a pay back. We would anticipate almost $800,0.00 additional reduction there. Mr. Plummer: So, you're talking to two items alone of a reduction of 1,6 million? Mr. Gunderson: Yes. Now, on the other side, and we've just... the other side are anti cyclical, anti recession assistance we had budgeted 4.1 million . I think the figure was and my projection as we first received a quarterly payment coming of around $800,000. We will probably net an increase of about $200,000, but these are counter... Mr. Plummer: But that brings it down to 1.4 million. Mr. Gunderson: ... and there can be other items like this. Mr. Plummer: Ok. Now the important question that I have to ask immediately follows.the cigarette tax, of course, is from the State, Mr. Gunderson: Yes. Mr. Plummer: And it would seem like to me that it would behoove this City to make this known that it is a tremendous drop and that we feel that the state in some way has got to compensate us. Now, you know they're the ones who imposed the 10 mill cap, not that I have any serious argument with it, but it seems like to me that if this drop is occurring that they should be responsible for finding additional revenues, and as far as I'm concerned,if this City through our liaison doesnot go up there and make that known to the legislature who presently are in session, then I think we're not doing what we should be doing. Mr. Gary or Mr. Gunderson, the second point, you've answered the one, have their been any significant points in expenditures other than anticipated? Let's look at both sides of the coin. Mr. Gunderson: I can give you one and Mr. Knox , I think should speak to it. Mr. Plummer: Alright, what is it? Mr. Gunderson: It's the Butcher case., Mr. Plummer: No, I'm not talking about a particular case,.. Mr. Gunderson: Ok. Mr. Plummer: ... because I'm sure that was not projected in the budget... Mr. Gunderson: Right. Mr. Plummer: .,. ok, it was a pending item at the time, Mr. Gunderson; We put ,., set up a liability of $30,040 for the item, so it's going to be,.. Mr. Plummer: But, I'm talking about the normal expenditures of money, Is there gny one • particular area that has gone way over what you projected as expenditures? Mx, Gary; Wall . , , Mx, Plummer; Other than the City Commission now don't even discuss that one, 23 APR 271973, Mr. Gary; With the exception of those things 1 have identified here, you know, these ate the Major nett. where we have you know, potential ovetruns, you know, just as an example, the University of Chicago contracted a consent decree, you know, We were required to do that. $140,000 fot the recruit class, you know, obviously we need the recruit class, so these are the tnajor types of expenditures, you know, 1 don't want to cast it in stone now because we can show for example, in the department that he's over expended about 10 or 20,000 in a non -payroll item. However, he may be able to snake adjust- tents for the later half of this year to make sure that that doesn't occur. So, that requires discussion with the department to see whether or not that type of action can occur without hurting his services. So, you know, I'm saying this to say that I hate to give you a final, you know, something cast in concrete right now, because a lot of discussion has to occur with departments. We've had the first preliminary meeting withthem We plan to have the second one probably next week sometime. Mr. Plummer: Mr. Gunderson, a final question. Are we financially sound? Mr. Gunderson: We'll meet our commitments. We are going to have a very difficult time next year. Mr. Plummer: But we will make them? Mr. Gunderson: We'll make this year. Mr. Plummer: Thank youssir. Mayor Ferre: Futher questions on item B, anything else, Mr. Manager? 3. ADDITIONAL FUNDING NEEDS IN CURRENT BUDGET - (Discussed and temporarily deferred). Mayor Ferre: Now, we're on item C. Mr. Grassie: This is a follow-up discussion, Mr. Mayor and members of the City Commission to the item that you just had. It has to do with the request on the part of the City Commission that we attempted to find funds for three programs. One, the Accion Program. The second is the Blind Elderly Program, and the third was the possibility of increasing benefits for already retired employees. Mayor Ferre: I'd like to submit into the record, and I think you've all received copies of a letter signed by Hazel Brown, Secretary -Treasurer of Retirees Association, and Tony Wilcox , President, dated April 24th, and I guess that's the only one, Ok. Mr. Grassie: The report will be discussed by Mr. Gary. Mr. Gary: Originally when I was requested to identify funds for these three particular... and then as I state in the memo, we have approximately $169,000 remaining in special programs and accounts contingency funds, plus another $10,000 from the Evironmental Protection which will no longer be needed, so that leaves us with approximately $179,000. Now, to compare that with the original request for these three programs, namely Accion,Blind Elderly Program and increase benefits for Retired Employees, we would need $237,000, so we would still be short approximately $57,000.However, as I conveyed to the City Manager, I think we should view all of our decisions as they relate to appropriations against the requirements for the whole City. Asa result I've shown to you on the second page of this memorandum other requirements that we have for the City of Miami. Now, based upon your point of view some of these requirements are mandatory. As we talkedabout originally, you know, we have to have that fire recruit class,30 members. We need the fire holiday pay. We have to honor the contract for the University of Chicago as relates to the Consent Decree. We have to have African Square Park, because it's our park. Now, we don't have enough money. So a policy decision has to be made. Now, I've done a quick calcuiation.4ssuming that we use the $300,000 of surplus and severance pay for 30 firefighters, this requirement would no longer be on this sheet. If we use the $54,000 out of the surplus of severance pay, the• $54,000 will no longer be needed. If we take the balance of $47,000 remaining in severance pay and we use all the contingency funds, I mean, that's zero,that means 26 APR 271978 the City will be operating continually throughout the test of this, year with hO cdhtingettcy hands. Mayor 'erte: How ituch is the contingency? Mr. Gary: The contingency right now is apptotittately $1691O00.. Mayor Ferre: I see. Mr. Gary: Now, if we utilize all of those resources we still would be short approximately $341,000. Mr. Plummer: How do you have a contingency of $169,000? Mayor Ferre: J.L., excuse tte for interrupting, but I think out of courtesy to some of these people that are waiting here, how many of you are here on items D? Anybody here on item D? Item E, E... you're here on item E. oko oh, D, on the parking study for Coconut Grove, alright. Is there anybody here on item F? Who's here on F, Edison Center Business District? Mrs. Gordon: Mr. Mayor, I believe that out of courtesy to the 10:45 scheduled .... Mayor Ferre: That's what I'm worried about. Mrs. Gordon: ... visit to African Square Park, somebody ought to communicate with the people who are there waiting for us and tell them what's happening, because I think thate an imposition. Mayor Ferre: Alright, let me before we do that, Mr. Wynn and Mr. Fincher and those of you that are here on item #F, we've got to go to African Square, is it a problem for us to continue this and take it up at 2:00 P.M.? Is there any of you that cannot make that? ... Alright, how about item 1/E? We can take that up later on. How about D, could we take up the Coconut Grove item at 2:00 P.M., is that a problem for you? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: ... we mentioned your name, I don't know why, where did we mention your name?...That was just a courtesy letter, courtesy for all the property owners in the vicinity that we were going to be discussing parking, that's why your name is ... (INAUDIBLE BACKGROUND COMMENT) Mayor Ferre: ... alright, then we are going to take up item #E, I'm sorry item 'ID at 3:00 o'clock. Does anybody object to that? -.We'll take it up at 3:00 o'clock and then we'll take up item 4!E this afternoon and that leaves us with item # F and G. Now, I'd like to s.ee if we could put off, out of courtesy to you, so that we don't rush through this in a few minutes, and Mrs. Range is waiting for us at African Square and what have you. Bill, what time can you come back? (INAUDIBLE BACKGROUND COMMENT) Mayor Ferre: Oh, are you?...2:00 o'clock, alright. That leaves Grace, we'll try to take, how long do you think your item will take? (INAUDIBLE BACKGROUND COMMENT) Mayor Ferre: Alright, we'll see if we can get through. Alright, J.L., I apologize, but I wanted to get ... Mr. Plummer: Well, Mr. Mayor, why don't we go ahead and come back and listen this afternoon? Mayor Ferre; Yes, I think we can dothat this afternoon too. Mr. Plummer; We love to see Mr. Gary. Mayor Ferre; Can you come backe, et's see.., can the Retired Citizens come hatik,..Tony, the President, you can come back this afternoon, Mrs. AIbo, can you come back this afternoon? Suppose we meet at 3;00 P.M. and that way will give you time to get back on this, 27 APR ?1978, 4 4 PRopoSED ANTI-SOLICI NtioN Mt' trr tNG LOISLATIo (Discussed and tetporarily deferred) Mayor Pette: Alright, that leaves us With only one item at this point and that's you Grace. That's itetn lG. Mrs, Rockafellar: Mr, Mayor and members of the Commission. I`fn Grace Rockafellar. I live at 814 N.E, 79st Street, I'm President of the N,E, Miami Improvement Association, and President of the N.E. Taxpayers Association. But I'tn appearing here today as a private citizen. Mr, Mayor, you were not here at the last meeting, but this meeting is history repeating itself. As you know in, before Easter, the State, the Supreme Court ruled the Loitering Act as it applied to prostitution was illegal, and its their decision they said the girls might be soliciting for Easter Seals ,Well, now these girls know that shows you the mentality we have at the State Supreme Court but anyway, since this time, now before that time, with the outstanding efforts of our Police Department and using the Loitering Act, they had the Boulevard pretty well cleaned up . Now it has become a snake pit again. From 10:00 o'clock at night and til 5:00 o'clock in the morning they unload them in carloads, the prostitutes on the Boulevard, they know that the police have the handcuffs on. Due to that Lt. Fleming of the Police Department and the Vice Squard took an ordinance over and talked to the City Attorney about it. They were going to re -write this ordinance and present it at the last meeting as an Emergency Ordinance, and after I talked to Mr. Klausner, who has been assigned to write this ordinance he said it would be ready for Mr. Knox's signature on Monday. With that in mind, I called Mr. Fosmoen and he told me the agenda had already been typed, but they retyped it to get this ordinance on. We didn't know until Monday morning that Mr. Knox had refused to sign the ordinance, and when I talked to him,he said,"that any ordinance that they might put on the books might be ruled unconsitutional sometime down the line, and he had a code of ethicsthat he doesn't put ordinances on that might be ruled unconstitutional. We don't have an ordinance on the books nor does any City in the State of Florida or anywhere else that might not given the right circumstances and the right Judge be ruled unconstitutional at sometime or other, but this is no reason for the City to lay down and play dead and let the criminal element take over. And, as I was talking to you the other day Commissioner Plummer, and you said, now what are we going to use? What we need is a good strong prostitution ordinance. The police have the handcuffs on and I don't know how you get people as dedicated as the Miami Police Depart- ment to work as hard as they do when they are not given the tools to work with and this is what we want. We want a good prostitution ordinance. At the last Commission meeting here this was discussed. The City Attorney promised this City Commission there would be an ordinance on the 27th. Now my phone rings constantly, and I know you got a lot of calls Mr. Mayor, because people have told me. We are trying to take the heat off the City Commission, but the merchants out there that are being harassed, that are losing business, that are being forced out of business, the citizens that don't feel safe on the street, they're blaming this City Commission, you our elected officials, and we keep telling them the City Commission is working with us. Where we're falling down is getting an ordinance out of the City Attorney's Office, and we suggested when we were here the last time and we're going to suggest it again, we just got through reading these four pages that were submitted here today and they're absolutely nothing, they don't give us a thing, comes down to the traffic violation, which is a non -criminal act. Now how are the police going to get the prostitutes off the street with what is given to them in these four sheets? And we are saying again, to you today that we're asking you,why don't you do what you did doing the condemnation procedings bring an Attorney in that is knowledgeable in this and get an ordinance before this City Commission that can be passed that takes the handcuffs of the police and let them do their job? Now you know and we know that the City Commission, the only way that the City is going to stay solvement is through the economy, and you cannot have a good economy, you've reached your 10 mill cap, you have to get the economy up. This is what we're trying to do. We're working with developers, but they say, whoa going to spend 4 or $500,000 .... Mayor Ferre: Grace, excuse me, for cutting you short,.. Mrs. Rockafellar; Yes. Mayor Ferre; ,.. but we've got several hundred people waiting for us right now, 28 APR 271978 ... Mts. Rockafellatt Well... Mayor Ferret ... and I think as I understand what you've said, getting to the bottotline, you're recotmnending that the Commission request a special attorney to draft specific legislation that would be consitutiotial that could be used as a tool by the Police Department, is that correct? Mrs. kockafellart 'des, and get it on as an Emergency Ordinance as fast as Vou can, Now Lt.Fleming is here and so is Sgt.Hatton, they were asked to come here by Chief Harms to explain to you what they are trying to do and how handcuffed they are, and I think Lt. Fleming is in the audience. Mayor Ferret Lieutenant? Lt. Fleming: I don't want to be redundant but the traffic approach is nothing new. Last week there were 40 some odd citations written on Biscayne Boulevard for this specific violation... Mayor Ferre: Uh. Lt. Fleming: ... and the girls are still out there. I think what we need is something very specific that's constitutional that can be enforced. The State Statute is fine, b.ut I don't think it's enough. We need something. Mayor Ferre: Alright, Mr. Knox? Mr. Knox: I'll first address the question of the drafting of a so-called constitutional ordinance. There is a very strong statute in the State of Florida, pertaining to prostitution as a very strong ordinance by the City of Miami, pertaining to prostitution and solicitation. The trouble is not in the legislation. The trouble is in the enforcement and the sustaining of a prosecution for these offenses. Nowhere in the country has there been a tangential approach to regulating prostitution that has been declared to be constitutional, indeed there have been many attempts at regulation of prostitution by using such things as loitering, and traffic congestion which have been determined to have been unconstitutional as applied to prostitutes. That's the state of the law. The remedy is in vigorous enforcement which our police officers do, and in sustaining prosecution, The other difficulty with trying to formulate a legislative device that will address this question is that the Supreme Court of this state is not disposed to sustain these based upon it's prior history and based upon it's announcement that they are not in the business of regulating what they call morality or morals.. There is a danger of losing what enforcement tools we have by attempting to tamper with them in my opinion. As to the second part of Mrs. Rockafellar's request, I can advise you that any ordinance which is presented to the City Commission must bear the signature as to correctness, as to form, and legality by the City Attorney, so that if there is some attorney who can draft a constitutional ordinance it still must satisfy that requirement and this City Attorney will not submit to you for consideration any ordinance that appears to he facially unconstitutional. Mayor Ferre: Grace. Mrs. Rockafellar: Mr. Mayor, you've just been told that the City Attorney will not submit an ordinance that might be ruled unconstitutional. Every ordinance that you have on the books given the right time, the right Judge, and the right place might ruled unconstitutional. Now, it comes down to this, Is the City Commission setting policy for the City of Miami or is the City Attorney? Now, I think that if you are being told that one half of it you can hire an attorney and the second half of it the City Attorney will not sign it, then I think you better get another City Attorney, because we need relief} Mayor Ferre; Grace, let me, I don't want to get into a debate about this, but the City Attorney is an individual that has our highest regard and he serves the best interest of the City, Now, he is a professional, he has a code of ethics that he has to, if he in his conscience feels that the law dealing with anything is unconstitutional... Mrs, Rockefeller; He says,"might be ruled unconstitutional". Mr, Plummer; No, excuse me, l don't want to come to defense of George, he's a big boy, But he said, " blatantly unconstitutional on its face", a big difference. 29 APR 271978 Mayor Ferre: ... wait a minutes let fie finish. So, the point Graces simply is this that you can't force, it's just like if I were to take the Lieutenant here and ask hit to do something which is basically against his conscience and he says, look,`�ittA just not going to do that because I don't think that that's proper as a Police Officer 1 can't go out and do that, and that's basically what our City Attorney is telling us, Now, you can't force hit to do something which he feels is blatantly unconstitutional as a professional. I'm not a lawyer so 1 can't discuss it with hits. But 1 would say this, 1 think that sometimes you get into specialty and this might be a very special- ized field. 1 certainly would have no objection in conjunction with Mr. Knox, George, that you would look and see if there is an attorney within bade County that is a constitutional lawyer specialized in this general area that fright be able to do some investigative work and come back with perhaps a way to you know there's always imaginative lawyera,legal work, it requires time and effort, and of course,money, but I would recommend that you come back to us and Grace, you can certainly come with any recommendations you might have on constitutional lawyers, it can't be just, you know, a regular lawyer. This is a very specialized field. Mrs. Rockafellar: Well, this is the thing Mr. Mayor, that the people, the citizens out there, the merchants out there that are being constantly harassed they look to this City Commission as their elected officials, they expect you to take some action... Mayor Ferre: And overcome the constitution, right? Mrs. Rockafellar: No, no, no, but supposing an ordinance is a year from now, two years from now ruled unconstitutional, in the meantime,the police have something to work with and may have the problem corrected by that time. Mayor Ferre: Well... Mrs. Rockafellar: But you can't just say, well it might be. Mr. Plummer: Grace, let me tell you what you're overlooking, ok? You're talk- ing about going out and getting a lawyer who is,a specialty in these matters... Mrs. Rockafellar: We've tried to go through the City Attorney, but... Mr. Plummer:... wait a mintue now, you know, when the finalist analysis comes down it's this guy who is going to have to go into court and defend something as to being constitutional or not. Now to me it is ludicrous to go out and hire a man who has different thoughts who draws up something, presents it us, we pass it, when it's tested in court, this guy goes in there and has to defend it, I think you're wasting your money. Now, Mr. Mayor, let me if I can maybe do something. Mr. Knox, might not like this, but I think we've got this whole damn thing turned around. I'd like to offer a motion at this time, that Mr. Knox, be instructed, that the City Attorney be instructed, together with those members of the Police Department who are vitally concerned in this area to draw up such legislation and present to us at our next meeting that which will accomplish the end of what this Commission wishes to see, and that's the motion. Now, what I'm saying is since he's going to have to defend it in court let him draw up, he knows what our final bottomline is, that is to eradicate that problem that exist today, and let him draw up this because he's the one who possibly might have to go into court and defend it... Mrs. Rockafellar: That's what we've been asking him to do for six weeks,we've been asking him to do it, for six weeks. Mr. Plummer: ... well, I'm now instructing him to do it, if my motion passes. Mrs. Rockafellar: I thought you did that at the last meeting. Mr. Plummer: No, excuse me, Grace, we did not. And, that's where I think the problem is coming and why ..., Mayor Ferre: Alright, Father Gibson... Mrs, Rockafellar; ,,, promised to ,.. Mr. Plummer; The last was the Dallas Ordinance. Mrs, Rockafellar; Yes, he promised to have an ordinance on the for this 30 APR 271978. Meeting. }te said he 'mould have an otdi:iaiice on ... Mt. Plummet: No, he promised to go into the ballas ordinance and modify it if necessary. Mayor ferret rather Gibson. Rev, Gibson: Mr. Mayor, let rne.ask a question. There are many cities in this country who must be plagued with the same problem. We can instruct the attorney to inquire from the associations as to which city or cities that have an ordinance that beets our needs, that is to deal with the problem, at that point and time we Will not spin our wheels. To pass a motion J. L. to come up with legislation which is contrary to the law ... Mr. Plummer: No, 1 didn't say that. Mrs. Rockafellar: You don't know this is going to be contrary to the law. Rev. Gibson: Wait, wait, let me get my.... which is contrary to the law based on what the attorney is saying to you is a waste of time, but we could go into the positive approach. There has to be cities that has experience. Prostitution isn't nothing new, read the Bible it's been there all these years, that's how you and I get in trouble,ok... There must be other people who have dealt witn the problem. Let's ask. Mrs. Rockafellar: Father Gibson, on the ordinance under which the City revoked the licenses on the pornography places, some attorney got that ruled unconstitutional• But do you what happened in the meantime, by the action this City Commission took?Me had 39 hard core pornography places.— We're down to 9, we got rid of 30 of them. We had 32 escort services, we got rid of 30 of them. So, if a law is only in effect a year or a year and a half before it's tested in the court, if it's a good prostitution law and we can clean this mess up a little at a time, go along, I think we should be bold enough and have courage enough to put an ordinance on the books and say here go out and work with it, it may be ruled unconstitutional some place down the line, but in the meantime we are using it and using it and getting success out of it. This is what we're asking. You've got to be bold'and you've got to have imagination. Mayor Ferre: Grace, ... Mr. Plummer: Maurice, in my motion does not preclude the City Attorney from exactly what you're saying. Mayor Ferre: Alright... Rev. Gibson: Alright... Mayor Ferre: ... we have a motion. Is there a second? Mrs. Gordon: Well, will you include in your motion J. L. that he be given the policy position that he engage a specialist in the field of constitutional law, then I'll second your motion. Mr. Plummer; I would include in my motion if he deems it necessary that he be authorized to as such... Mrs, Gordon: Well, that what I said. Mrs. Rockafellar: Well, the merchants are so exasperated out there that they even said that if the City can't afford an attorney they'll chip in and hire one. They want results. Mrs. Gordon; Grace, this would say that we give him Mayor Ferre; Grace, excuse me, excuse me for doing this, Mrs. Gordon; ,., give him authority, that's all. Mayor Fevre; Would you be very careful because I'm going to tell you, if l were the opposition attorney and l know a little bit about the law, l would take the transcripts of this meeting and go down there for an injunction immediately to a court and stop you and because if what you're saying is we're going to use this as a vehicle to temporarily stop it and we know it'•s ,,, 31 APR V 1976 Uncohatitutional but We can use fot a teat, the ►''re going to clobber us Mrs, Rockefeller: You don't know, it has, to to be ruled unconstitutional by the court, not by the attorney that has written it, Mayor Ferret Ok, Mrs. Rockafellatt And it might be ruled unconstitutional, or it might not. Mayor Ferre: Look, I agree with out attempt to within the law and within the constitutionality of it to try to solve the problem, and even if we're first in the nation in testing new areas I'm perfectly willing to go into that, so and I think that that's. what your motion covers, Rose, did you second it with those conditions? Mrs. Gordon: Yes, I did with the proviso that he have the authorization to engage a specialist in constitutional law. Mayor Ferre: Alright, is there further discussion on the motion, if not,call the roll ,please. Mrs. Rockafellar: Well, now, is this for the ordinance to be on the next City Commission meeting? Mr. Plummer: Hopefully. Mayor Ferre: Well, no, let's not do that now because you're going to have to go and find somebody that is qualified as a constitutional lawyer to do some Amiresearch on this then. What? Mr. Plummer: Me. Mayor Ferre: Yes, maybe... unless you're going to take the time personally George, to go out and do all the research on constitutional law, to see if you can draft something that fits the parameters of all these things that have been thrown out. Mr. Knox: Well, I can tell you, I can tell you two things in that respect. Number one, the entire research staff of the National Institute of Municipal Law Offices is working on our problem. The entire research staff of a publica- tion called the Sexual L.aw Report 4 which it deals in this area is working on it and we have an attorney in our office who is working at least half time on it, and since you've authorized me to engage a local constitutional specialist then I don't see that we would have that kind of a problem. Mayor Ferre: Alright, further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-260 A MOTION DIRECTING THE CITY ATTORNEY TO MEET WITH REPRESENTATIVES OF THE MIAMI POLICE DEPARTMENT IN AN ATTEMPT TO DRAFT PROPOSED NEW LEGISLATION TO DEAL WITH THE PRESENT PROBLEM OF PROSTITUTION IN THE CITY OF MIAMI AND FURTHER AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE SERVICES OF A SPECIALIST IN CONSTITUTIONAL LAW IF DEEMED NECESSARY. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner J, L, Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A, Ferre NOES: None, 32 � ` 'l i97 Mast FOR LUNCH ANb TRIP TO AllICAN SQUARE Afib btbicATION OF LUTILE HAVAt4A COMMUNITY Mtn' 11:10 A.M. RACK IN SSSMMON AT 2:16 P.M. P1E, PI ATI Afi C IAL 111118, Mrs. Rotkafellar: thank you, Mr: Mayor, for taking us out of turn. Presentation of a Key to the City of Miami to the Honorable Jose Gonzalez Artigas, Consejal del Canton, Guayaquil, Ecuador. Presentation of a Commendation to the Honorable Judge Mario Goderich, who in the oecent judicial poll sponsored by the Dade County Bar Association, scored 97.2%, taking him one of the top ten judges in Dade County. Presentation of retirement plaques to Department of Fire personnel: Fire Lt. Clifford E. Madden - 29 years Director of Training , Douglas A. Hewson - 26 years Chief Fire Officer, Victor P. Soto - 29 years Fire Lt. John C. Lundstedt - 2101 years Fire Fighter Harry S. Bouterde.- 291 years Presentation of Certificates of Appreciation to the organizers and participants of the "Open House Eight" Festival. Presentation of a proclamation designating April 24th through 31st as Greater Miami Hotel and Motel Association Week, to Mr. Robert Jackson, Executive Director of the Greater Miami Hotel and Motel Association. Presentation of a proclamation designating May 5th as Miami Boyschoir at, to Mr. Paul Eisenhart. Presentation of a American Month to Services Advisory Presentation of a and Field Day, to proclamation designating the month of May as Older Mr. Irwin Miller, Chairperson of Dade County Elderly Council. i proclamation designating April 29th as Youth Track Mr. Jesse Holt, Track Coach of the Northwest Boys Club. Presentation of a proclamation designating May as Citizens Crime Watch Month, to Ms. Libby Bowen, Vice President of Citizens Crime Watch. 6. ACCEPT CCMPLETED WORK: HAMMOCK SANITARY SEWER IMPROVEMENT - sR 54u-c. Mayor Ferre: Alright, we're now on Item #5. And, sir, as soon as that other gentleman walks in on Coconut Grove Parking, we'll take it right up, ok, I'll keep an eye open for him. .., Is there anybody that wishes to be heard on item #5? If not, is there a motion? Commissioner Reboso moves. Commissioner Gibson seconds item #5. Is there further discussion on item #5? Ca11 the roll please. 33 APR 271978, The following resolution was introduced by Comfiss,ioner Reboso, who moved its adoptions RESOLUTION NO. 78+261 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED EY ROENCA CORPORATION AT A TOTAL COST OF $423,876.07 FOR THE HAMMOCK SANITARY SEWER IMPROVEMENT SR.,5411-C (centerline sewer) AND SR-5411-S (sideline sewer) IN HAMMOCK SANITARY SEWER IMPROVEMENT DISTRICT SR-�5411=C (centerline sewer) AND SR-5411-S (sideline sewer); AND AUTHORIZING A FINAL PAYMENT OF $44,391.82. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gibson, the resolution was passed and adopted by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 7. PERSONAL APPEARANCE: MARTIN FINE re "LIJMMUS PARK." Mayor Ferre: Alright, Mr. Fine. Mr. Fine: Mr. Mayor and members of the Commission, for the record my name is ... Mayor Ferre: Marty , pull it around, the microphone, if you pull it around and up a little bit, that's it, now you got it. Mr. Fine: For the record, my name is Martin Fine, 2401 Douglas Road. I'm here in the capacity of a property owner in the Lummus Park area. This is probably the fifth or sixth time in the last many years that I've been here, and I'd like to make a brief observation about what's happening in that area and share some thoughts with you about it. I'm really here in a capacity representing several property owners. One of whom is Judge Robert Haverfield, who owns Temple Court, Henry Taylor, Mr. John and J. Kislak and I built and own Park Towers. We built it about 14 years ago, and we still own it. Firstly, may I start off by saying that your Planning staff and your C.D. people in my opinion have done a wonderful job in their effort to look at this area, to analyze it and to do some very innovative and good planning there. And our purpose in coming here today is sort of to get your concurrence as we see it as property owners and we are organized and going to form a non-profit corporation, to move some of those things along. The Planning Department probably, or your Community Development Department, Dena Spillman, before the end of May will file with HUD a request for a designation of this area as what is known as a "neighborhood strategy area", that is they're going to try to target resources into this area to try to help upgrade it. I apologize I don't have a board, but I have a map here which is really a city map... This is the area in question, and of course, you can recognize the expressway here, this is Lummus Park, this is where your new city hall is being built. This area in here is a proposed activity center on the other side of the river. The area we're asking you to really focus in on and pay attention to is this area here. I think you all know it very well. Now, the major thrust of this is to acquire the property in this area here, which is really a mess and a very dilapidated and deteriorated property. To close that street and have people come this way and begin to make the beginnings of a Marina, Now, this, isnot my plan or the property owners plan, this is the plan that you pay for compared by Wallace Mc Harg, And, we think that it will he beginning of the redevelopment in this area and afford an opportunity for the City to develop an area that will house people of moderate income as well as some of tile low income families there. 34 APR 271979 I don't Want to bothet you to hold it. I feel badly about it. I think that's good enough, and if the Commission has any questions we can go over it when we're finished. This area has had one consistent pattern to it and that is that it's been absolutely neglected for years by the city, and I'd like to remind you that about 10 or 12 years ago, whenever it was, that they built that expressway, the State Road bepartment took a piece of tuttus 'park, paid the City $120,000 for it. We came down attd asked the Administration then to earmark that for iiprovements in the area, they didn't, they put it ih the general fund and spent it, and that seems to be the manner in which the City has I'm sure in.- advertantly and without intention to ignore it, treated that area. Mayor Ferret Marty, what specifically can we do today? Mr. Fine: Ok. Alright, t have what 1 think is some specific suggestion, knowing how you think about these things rather than talking about them in generality. Mayor Ferret Are you getting to the area where have some specifics? Mr. Fine: Yes. Mayor Ferre: I'd like to see if we can get the Commission's attention on this, and then we can move ahead. Mr. Fine: Ok. Mayor Ferre: Ok, go ahead. Mr. Fine: What I'd like to suggest, I think the next, the following could be the next steps you might take in the area, subject to the thinking of this Commission and your own professional staff. One would he to declare the area as one of critical concern and as a redevelopment opportunity area. Two, to seek to acquire the necessary property on Sth Street and other property within the boundary areasso that redevelopment can take place within an overall pattern and design rather than a hap- hazard basis. Three, to implement a landscaping and overall design plan for that area, some of which is appropriated in this year's C.D. money. There is about $20,000, but I think that's totally insufficient. Four, to begin to redevelop the waterfront area with the posssibility of establishing a Marina there. And as a part of that Mr. Mayor, about 20 some odd years ago the City entered into a lease with the Miami Pioneers Club on a part of that property. I've reviewed the terms of that lease. I think some of the first and finest families in this community were active then. Mayor Ferre: Yes. Mr. Fine: ... I have a suspicion that that isn't very muchutilitized at this time... Mayor Ferre: I think you're right. Mr. Fine; ... I've reviewed that lease and in my humble opinion without expressing a legal opinion, Mr. City Attorney, I think some of the provisions of that lease have not been lived up to. Mayor Ferre: Alright... Mr. Fine: I want to make sure that I say that very respectfully, I know some of those people. I think they're some of the builders of this community, but I think there are some things that warrant your attention. And, I would suggest that you follow the progress of that area, and if you feel these requests are right that you ask your staff to look into it and report back in 60 days and see if we can get underway and do something. Mayor Ferre; Alright, Does somebody want to make motion to those five items? Moved by Plummer. Seconded by Reboso. Further discussion? Call the roil. {APR 271978 The followih$ Motion was iotfgduced by Cofthissiotiet Platt e5rt who moved its. adoption: MOTION NO, 78462 A MOTION DIRECTING THE CITY MANAGER To INVESTIGATE THE BELOWSTATED POINTS CONCERNING LUMM[iS PARK 1, POSSIBILITY OP DECLARING THE PAR1( AN AREA OF CRITICAL CONCERN WITH POSSIBLE REDEVELOPMENT OPPORTUNITY; 2. INVESTIGATE ADDITIONAL ACQUISITION OF PROPERTY; 3, tNVESTIGATE LANDSCAPE DESIGN; 4. INVESTIGATE REDEVELOPMENT OF WATERFRONT WITH A VIEW TOWARDS POSSIBLE DEVELOPMENT OF A MARINA; AND 5. INVESTIGATE EXISTING "PIONEER'S LEASE. Upon being seconded by Vice -Mayor Reboso, adopted by the following vote: AYES: Commissioner J. L. Plummer, Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Commissioner Rose Gordon *Mayor Maurice A. Ferre ON ROLL CALL: *Mayor Ferre: them right. I. Mr. Fine: And, the motion was passed and Jr. Gibson For the record, let me repeat them, Marty, so we have Declare an area of critical concern... a redevelopment opportunity area. Mayor Ferre: And, a redevelopment opportunity. 2. Look into the possibility of the acquisition of property. 3. Landscaping design of the area that has been so designated. 4. Redeveloping the waterfront with the prospects of marina activity, and 5. Look into the Pioneer's Club's lease. Mr. Fine:...And, 6, and I say this very respectfully, passing motions are easy, put some sort of implementation thing into the motion so you know you're going to be able to do it because you've had lots of motions and no improvements. Mayor Ferre: Yes, Marty, you know that the City of Miami has been rather busy these past few years.... Mr. Fine: I'm not complaining... Mayor Ferre: ... you've been active in many of those activities. Mr. Grassie, you now have Project 1173. Mr. Grassie: Yes. Mayor Ferre: I vote yes. Mr. Fine: And, Mr. Mayor, maybe one of the differences is the property owners in this area will help and we'll put up more money to improve the area. Mayor Ferre: And, I think this is a project that we can move on quickly a lot of the things are there for us to move on, and if you can harness his energy a little bit,because you can't harness it all. Mr. Fine: I'm just one property owner,... there are other property owners that are very interested. Mayor Ferre; Well, if we harness your's that'll be enough. Mr. Fine; Thank you. Mayor Ferre; Thank you, 36 APR 271978, 8, PERSONAL i DR, ANTONIO JOKE AND MANUEL RODRIGUEZ reqUestiftg assis"tanoe for " C BAN MUSIC I' /VAL,„ Mayor Ferre: ___= I will then take up item 1{8.6,, br= Jorge: Father Manuel Rodrigue ,who is a very well known Cuban Musician has presented for four consecutive years a festival of Cuban Music in Miami, He has done so at various institutions including the University of Miami. His festivals have been very favorably received. They have, for its purpose the diffusion of Cuban Culture and a better understanding of Cuban music and of the Afro influence in Cuban music and it has for its overall purpose, one might say, to establish a better understanding,a deeper relationship between the Hispanish elments, segments of our community, and the other segments of our local community. This festival consists in a wide array of both popular and semi classical Cuban music adaptation of various literary works and plays to the stage. As I said before, it's artistic quality is very well known. It has been received very favorably by critics, by the public in general, and by non -Hispanic elements of our community. Personally, I feel, along with many other people that this is the kind of work that helps to facilitate better understanding, that helps to establish cross cultural bridges between the various segments of our population and at the same time enhances the best values of our various ethnic groups in this community. It seems to me that this is the kind of work that brings us together and it does so in a very productive, very positive fashion and in a manner which is conducive to an elevation of the cultural standards of our City. It's because of this that I respect- fully bring your attention to this request of Father Rodriquez for $5,000 to promote the festival of music. Thank you. Mayor Ferre: Thank you, Dr. Jorge. Mr. Grassie, could you have some- body investigate and get more information on this and then we can discuss it at a future meeting? Obviously, we're not in condition to do that at this time. Mr. Grassie: Certainly, we'll do that,Mayor. Mayor Ferre: Any other questions? Well, thank you very much, muchas gracias Padre1and we'll he answering you as soon as we can. 9. GRANT WAIVER OF FEES BJR BAYFRONr PARK AUDITORIUM: "SANITATION E PLO EF S' ANNUAL BALL." Mayor Ferre: Alright, we're on item #19. Is the Parents' Coalition here yet? You want us to wait a little bit ? Sure,ok. Look, would you waive at me when you're ready? ok.....Alright, at this time, I'd like to recognize T.J. Duggar, is Duggar around? Is T.J. Duggar around for the Sanitation Employees? Mr. Breeden: Excuse me, Mr. Mayor, I'm Hines Breeden, from Sanitation Department. T.J. Duggar was just released from the hospital for an operation, that's why he's not here. We are coming to the Commission. We are asking for a waiver of fee, the 26th of May, at the Bayfront Auditorium. (INAUDIBLE BACKGROUND COMMENT) Mr, Breeden: Yes, uh, huh. Mrs. Gordon: Go ahead, move it J. L. Mr. Plummer; Ok, Fine. Rose moves it, and Father seconds it. But let me as one other thing, so there's no misunderstanding later. It has been brought to my attention that you are going to charge an admission, Mr, Breeden: No, Mr, Pinner; There is none? Mr, Breeden; No admission. APR 271978 t, Plummet; , , , and you Ondets.tsid that all this Co mission is dointg is waiving the tefttal f not the expenses,? Mt, Bteedeft Might, Rt. P1tet: Ok. , , , Cali the toll, Mayor Petra: Call the roll,please, The following motion was introduced by Commissioner Gordon, who moved its. adoption: MOTION NO. 78-263 A MOTION GRANTING THE REQUEST OF THE SANITATION EMPLOYEES ASSOCIATION FOR WAIVER OF FEES FOR USE 0P BAYFRONT PARK AUDITORIUM ON MAY 26, 1978 UPON PAYMENT OF NECESSARY EXPENSES. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Perre NOES: None. Mr. Plummer: Go away and sin no more. Mayor Ferre: Alright. Mr. Breeden: Thank you Commission. I hope that you all can attend this meeting. Mayor Ferre: Alright, thank you. 10. SECOND READING ORDINANCE: AMEND SECTIONS 1 AND 5 OF ORDINANCE 8731- APPROPRIATE $3,000 FOR REUDCATION OF FENCE AND TREES IN GRAND AVENUE PARK. Mayor Ferre: We're taking up item 1#11, on Second Reading. It was moved by Father Gibson. Seconded by Commissioner Gordon.... Further discussion, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 AND 5 OF ORDINANCE 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATION ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY APPROPRIATING A $3,000 REIMBURSEMENT FROM METROPOLITAN DADE COUNTY INCREASING THE GENERAL FUND APPROPRIATION OF THE PARKS DEPARTMENT IN THE SAME AMOUNT FOR THE PURPOSE OF FUNDING THE RELOCATION OF A FENCE AND TREES IN GRAND AVENUE PARK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting April 7th, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Menolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Mau€ice A. Ferre NOES; None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 8787. ss APR 27 1910. The City Attotney read the ordinance into the public record and announced that eopi a, were ayailable to the tethers of the City Cottiasion and to the pub1it. 11, =MO READtNG INANOE: AMEND SECrICpi 1 OF ORDINANCE 8/31- APPROPRIATE $19,200 FOR SALARY INCREASES OF PL NN NG & ZONING ADMINISTRATIVE toots. Mayor Pare: Take up item #112, Second reading. Gibson moves. Gordon seconds. Further discussion. head the ordinance... Ca11 the roil. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8731 ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978 AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, PLANNING AND ZONING ADMINISTRATIVE BOARDS IN AN AMOUNT OF $19,200 AND DECREASING THE GENERAL FUND SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND IN THE SAME AMOUNT FOR THE PURPOSE OF PROVIDING SALARY INCREASES; CONTAINING A REPEALER PROVISION AND SEVERAEILITY CLAUSE. Passed on its first reading by title at the meeting of April 7th, it was taken up for its second and final reading by title and adoption. On motion of Commissioner (Rev.) Gibson, seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Vice Mayor Manolo Rehoso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. *8788. 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. 12. SECOND READING ORDINANCE: ESTABLISH RATES ON-SrREEr METIERS AND OFF-bilia1' PARKING LOTS AND MUNICIPAL PARKING GARAG NOS. 1, 3, AND 4. Mayor Ferre: Plummer moves. Gibson seconds, Item#13. Further discussion.... Mr. Plummer: Ok, under discussion, as you will recall, there was a man here who was very, very concerned at the last meeting. I wonder if he is here presently? Mayor Ferre: This is on the parking garage rates... Mr. Plummer: Right. Mayor Ferre: ...,that are being increased, Mr. Plummer: And, it was our suggestion that you go and speak with the off-street and by his absence here I'm going to assume that his problems have been resolved. Mayor Ferre: Further discussion. Does anybody want to speak to item 13? It deals with the municipal parking garage rates. Call the ro1.1. 39 APR 27 1978; AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING RATES AT CERTAIN ON=.STREET PARKING METERS AND CERTAIN OFP-STREET PARKING LOTS; ESTABLISHING THE BASIC HOURLY RATES AT MJNICIPAL PARKING GARAGE NOS. 1, 3 AND 4, PROVIDING FOR THE EFFECTIVE DATE OF MAY 27 1978 FOR SAID RATES; RATI-, VYING AND CONFIRMING ALI ACTS OF THE OFF. -STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 7th, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner (Rev.) Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 8789. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 13. SECOND READING ORDINANCE: AMEND SECTION 39-9 OF THE CITY CODE - "CHILDREN • S CREATIVE EXPERIENCE PROGRAM . " Mayor Ferre: Take up item 1114. Plummer moves.. Gibson seconds. Further discussion. Read the ordinance.... Call the roll. AN ORDINANCE ENTITLED - Passed was taken motion of ordinance passed and AYES: AN ORDINANCE AMENDING SECTION 39-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED WHICH ESTABLISHED FEES FOR PRE-SCHOOL ACTIVITIES IN THE CITY OF MIAMI, FLORIDA, BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 39-9 NAMING THESE ACTIVITIES CHILDREN'S CREATIVE EXPERIENCE PROGRAMS AND SETTING FORTH THE FEES TO BE CHARGED FOR SUCH PROGRAMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. on its first reading by title at the meeting of March 23rd, it up for its second and final reading by title and adoption. On Commissioner Plummer, seconded by Commissioner (Rev.) Gibson, the was thereupon given its second and final reading by title and adopted by the following vote: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev,) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8790. 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. 40 APR 271978 14 : EMERGENCY ORDINANCE AMEND SECTIONS NS 1 AND 5 OF ORDINANCE 8731 — 1NCR8ASE POLICE DEPAF NT' S APPROPRIATIONS SY $20,000 FOR Pt1 nASE OF FIREARMS, etc. Mayor Ferret Take up item No. 16, Mr. City Manager. Mr. Grassier This item, Mt. Mayor, does two things.lt allows the City to recel,,e $45,000 which is the bid price for confiscated weapons and it allocates those Monies for two purposes as noted within the Department. Mayor Ferrer Plummer moves, Reboso seconds, further discussion, on an Emergency basis, Manager recommends, read the Ordinance: AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO.8731 ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY INCREASING THE APPROPRIATIONS FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF PURCHASING APPROXIMATELY 200 NEW FIREARMS; INCREASING THE APPROPRIATIONS FOR THE DEPARTMENT OF MANAGEMENT AND BUDGET IN THE AMOUNT OF $17,000 FOR THE PURPOSE OF IMPLEMENTING A SYSTEM TO MONITOR AND ANALYZE ALL CITY REVENUES; INCREASING GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND IN THE AMOUNT OF $8,769 FOR A NEW ACCOUNT ENTITLED "UNALLOCATED FUNDS;" INCREASING ANTICIPATED REVENUES BY $45,769 FROM THE SALE OF 1,100 CONFISCATED HAND GUNS; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8791. 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. 15. AMEND SECTION 1 OR ORDINANCE 8731— APPROPRIATION TO CITY CLERK DEPARIMDIT MR ELECTIONS AND PHOTOCOPIER. Mayor Ferrer Mrs. Gordon moves item No. 17, Father Gibson seconds, further discussion, read the Emergency Ordinance; AN ORDINANCE ENTITLED — AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO, 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY INCREASING THE APPROPRIATIONS FOR THE CITY CLERK'S DEPARTMENT IN AN AMOUNT OF 41 APR 27 1978 411116 $31,839, DECREASING THE FINANCE DEPARTMENTS '77-78 APPROPRIATION BY $16,000 FOR THE PURPOSE OF FUNDING THE EXPENSE FOR PHOTOCOPY SUPPLIES AND A NEW PHOTO COPIER; DECREASING THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND BY $15,839; FOR THE PURPOSE OF FUNDING AN EMERGENCY EXPENDITURE FOR THE MARCH 7, 1978 SPECIAL ELECTION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gordon and seconded by Commissioner Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev,) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner Gibson, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8792. The City Attorney read the ordinance into the public record and announced that ccpies were available to the members of the City Commission and to the public. 16. EMERGENCY ORDINANCE: MEND SECTIONS 2 AND 5 OF ORDINANCE 8731- INCREASE APPROPRIATION FOR BLDG. & VEH. MAINI NANCE DEPT. BY $714,864. Mayor Ferre: We are on Item No. 18. Mr. Manager, we are on item No. 18, would you explain it to the Commission, please. Mr. Grassie: What this does Mr. Mayor is appropriate which the City normally maintains for the replacement of money required to accept the bids for new vehicles replacement of the fleet. Mayor Ferre: Any questions?, all right, who moves? Mr. Plummer: I do. from the Reserve Fund of equipment, the amount , which is the routine Mayor Ferre: Plummer moves, Reboso seconds, further discussion, read the Emergency Ordinance: AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 2 AND 5 OF ORDINANCE NO.8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE BUILDING AND VEHICLE MAINTENANCE DEPARTMENT IN AN AMOUNT OF $714,864; DECREASING THE RETAINED EARNINGS BALANCE BY THE SAME AMOUNT; FOR THE PURPOSE OF PURCHASING HEAVY DUTY EQUIPMENT AND FUEL FOR USE BY VARIOUS CITY DEPARTMENTS; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE, Was introduced by Commissioner Plummer and seconded by Commissioner Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote; 42 APR 2 r( 1978 AYES: NOES: None. COMMittaionet Rose Gordon CoMOissionet J. L. plumter, Jr. Coi issioner (Rest.) Theodore R, Gibson Vice Mayor Manolo Reboso Mayor Maurice A► Ferre Whereupon the Commission on motion of Commissioner Plummet and seconded by Commissioner Gibson, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Cor nissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8793. 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. 17. FIRST READING ORDINANCE: AMEND SECTION 1 OF ORDINANCE 8731- INCREASE APPROPRIATIONS FOR CITIZEN SERVICES DEPARIMENT BY $12,143. 0O. Mayor Ferre: Take up item 19, the Manager recommends. Mr. Reboso: Move. Mr. Plummer: Second. Mayor Ferre: ordinance: AN ORDINANCE ENTITLED- Reboso moves, Plummer seconds, further discussion, read the AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY INCREASING THE APPROPRIATIONS FOR THE CITIZEN SERVICES DEPARTMENT IN AN AMOUNT OF $12,143; BY DECREASING THE APPROPRIATION FOR THE DEPARTMENT OF HUMAN RESOURCES BY AN AMOUNT OF $12,143; FOR THE PURPOSE OF FUNDING THE SALARY OF A TRANSFERRED PROPERTY SPECIALIST; CONTAINING A RE- PEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Reboso and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J.L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. EMERGENCY ORDINANCE: ADD SE ION I OF ORDINANCE 8719- APPROPRIATE $41, 000 "RATION POR THE HANDICAPPED WAD p .. , Mayor Ferre; Rose Gordon moves 20, Gibson seconds, further discussion, Manager recommends, read the Ordinance; AN ORDINANCE ENTITLED - Ali EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, 43 APR 2t1978 Aft NOES: None. ADOPTED OCT0BER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, EY MAKING ADJUSTMENTS 1N THE VERY SPECIAL ARTS FESTIVAL (SECOND YEAR) AND CHILD DAY CARE PROGRAM TRUST AND AGENCY 1'UNDS; ESTABLISHING A NEW TRUST AND AGENCY PIJND ENTITLED "RECREATION FOR THE HANDICAPPED - WEEKEND PROGRAM;" AND APPROPRIATING $41,000 FOR THE OPERATION OP THE NEW TRUST AND AGENCY 1'UNb; cONTAININc A SEVERAB/LITY PROVISION AND A REPEALER CLAUSE, Was introduced by Commissioner Gordon and seconded by Commissioner Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which Was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner Gibson, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8794. 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. 19. FIRST READING ORDINANCE: AMEND CHAPTER 64 OF THE CITY CODE- ENVIRMENIAL PRESERVATION- TRANSFER PORTION OF JURISDICTION FROM BLDG. TO PLANNING DEPT. ow Mayor Ferre: All right, pick up item No. 21, the Manager recommends. Plummer moves, Reboso seconds, further discussion, read the Ordinance: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING MIAMI CITY CODE CHAPTER 64, ENVIRONMENTAL PRESERVATION, BY DELETING SECTION 64-4(f), SECTION 64-5(a) AND (c)(2), SECTION 64-6 (c)(4), SECTION 64-7(a)(2), (4) AND (5), SECTION 64-8(a) AND (c)(3), SECTION 64-9(b)(4), SECTION 64-12(c). SECTION 64-16 AND SECTION 64-17 AND BY ADDING THE FOLLOWING: SECTION 64-4(f), SECTION 64-5(a) AND (c)(2) AND (7), SECTION 64-6(c)(4), SECTION 64-7(a)(2), (4), (5), (6) AND (7), SECTION 64-8(a) AND (c)(3), SECTION 64-9(b)(4), SECTION 64-12(c), SEC- TION 64-16 AND SECTION 64-17; ALL TO TRANSFER THAT PORTION OF JURISDICTION OVER ENTIRONMENTAL PRESERVATION WITHIN ENVIRONMENTAL PRESERVATION DISTRICTS FROM THE BUILDING AND ZONING INSPECTION DEPARTMENT TO THE PLANNING DEPARTMENT; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION, Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote; AYES; Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Oibson GammiasLuner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOBS; None ABSENT; Vice Mayor Manolo Reboso APR z 1978 The City Attorney read the ordinance into the public record and announced that copies were Aktailab1e to the tethers of the City CoMission and to the public. 20. }'IRSi READ/NG: AMEND SECT/ON 304. OP THE CITY CODE TINE 'iG BUSINESS, 1 ESSICNAL AND OR ANXZATIONAL LICENSES - REQUIRE ADDITIONAL LICENSE EDU, SALE OE "MONEY ORDERS." Mayor Ferret Now, take up item No. 22, on First Reading. Plutntner stoves, Gibson seconds, City Attorney recommends, is there further discussion?..Read the Ordinance, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 30-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO BUSINESS, PROFESSIONAL, AND ORGANIZA- TIONAL LICENSES BY ADDING A SUBSECTION THERETO ELIMINATING THE REQUIRE- MENT OF PROCURING AN ADDITIONAL LICENSE TO ENGAGE IN THE SALE OF MONEY ORDERS WHEN SUCH SALE IS CONDUCTED IN CONNECTION WITH A SEPARATELY LICENSED RETAIL BUSINESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J.L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 21. FIRST READING: AMEND SECTIC[VS 1 AND 5 OF ORDINANCE 8731- INCREASE APPROPRIATION TO LAW DEPARMANT BY $10,000 FOR LEGAI, SERVICES TO COMMUNITY DEVELOPMENT PROGRAMS. Mayor Ferre: Take up item 23, the Manager recommends, Plummer moves, Reboso seconds, further discussion, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, BY INCREASING THE APPRO- PRIATION FOR THE LAW DEPARTMENT IN AN AMOUNT OF $10,000 AND INCREASING ANTICIPATED NON -AD VALOREM SOURCES OF REVENUES BY THE SAME AMOUNT FOR THE PURPOSE OF RECEIVING 3RD YEAR COMMUNITY DEVELOPMENT FUNDS AS COM- PENSATION FOR THE INCREASED LEGAL SERVICES RESULTING FROM IMPLEMENTA- TION OF THE COMMUNITY DEVELOPMENT PROGRAM; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J.L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A, Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. APR 2 r11978 Mayot Terre: Take up item No. 24, First Reading, Manager recommends. Mrs. Gordon: 1 think we need some explanation on this, Mr. Mayor, because I$11 tell you why. Pot years and years we have been trying to eliminate the bus bench billboard type of advertising and I wonder if this isn't the time that we ought to consider that, it would be appropriate, so I want somebody from the Department to speak to this and tell me. Mayor Ferre: Rose, I'll tell you, we'll come back to it as soon as we get through now we have to get back to the people items. Mrs. Gordon: All right, we'll take it up later. 22. AUDIO-VISUAL PRESENTATION OF "LATIN SUMMER FIESTA" AND REQUEST FOR ASSISTANCE IN FUNDING. Mayor Ferre: All right, Mr. Sabines?..Mr. Rogelio Barrios, are you ready to make your presentation? (INAUDIBLE RESPONSE)..okay, you are recognized at this time. Mr. Orlando Naranjos: Mayor Maurice Ferre and members of the Commission, the AIL Latin Chamber of Commerce of the United States in accordance with its principles and objects is trying to cooperate with conveying private and public sectors in order to stimulate the economic good of our community. To that effect, the Tourist Advisory Board of our institution has initiated and is developing a pro- ject which has been named "Latin Summer Fiesta," with the purpose of creating and promoting a series of summer events and attractions which will generate a needed incentive for domestic and foreign visitors to remain in this area. The Latin Chamber of Commerce is working in this endeavor with the cooperation of the great number of institutions and to help and assistance of all organizations and persons willing to assist us in this public . We are especially appealing to you today to obtain your support since you represent our community and you better than anyone can understand the need to stimulate our economic development. Thank you very much, and now we will present to you our product and our need. Thank you. (AT THIS POINT AN AUDIO/VISUAL PRESENTATION IS MADE, AS OUTLINED ABOVE). Mr. Rogelio Barrios: Mr. Mayor, and next Ambassador to Venezuela, honorable Maurice Ferre, members of the City Commission, Vice Mayor Manolo Reboso, Mr. Plummer, and..I'm sorry, Rose Gordon whom I should have named first, Rev. Gibson, gentlemen. The Summer Latin Fiesta should be an effort of everybody in this com- munity and the presentation that we have just shown to you aims at "we need you." And I believe that we need everybody, including the City Manager who is also in this . We aim that the Latin Summer Fiesta will be a galaxy of events that will be the envy of all other summer or tourist places in the world. We dream that the Latin Summer Fiesta some day will be even better than the Rio Carnival or the New Orleans festivities, and this actually takes money and this is why the advisory committee on tourism of the Latin Chamber of Commerce is here for today. I have the task of enumerating to you more or less how much these festivities are going to cost or what will be the need approximately of these festivities. We are planning a lot of sports events and public dances and public. 'festivities that will be a help of the private sector of our community and this is not in this relation of expenses that we are bringing down to you today. Even in the festivities that we are going to celebrate this year to initiate the Latin Summer Fiesta we have many of the expenses of this act that will be funded by the private sector. We are going to have in downtown, in Flagler, starting at Biscayne Boulevard one public dance festivity which expenses not funded by the private sector will be $6,491,00. Another one on Flagler Street close to 12th Avenue which will have 85,461..00 not covered by the private sector. On Eighth Street, what we call. the Carnival. on 8th Street, we have a celebration that has $10,869.00 not covered by the private sector. We also have to implement all these festivities administrative expenses in the amount of $6,765,00, all this is to cover a period of three months during the first year of our festival which is 1978, the current year. The total of these expenses not covered by the private sector is $44,286.00. In addition to that, within these 46 APR 27197B festivities we are going to have the contribution of the private sector in street decorations, canopies, orchestras, petforinances, art exhib.itions., terchandising, effect, marching bands, sport events, and assortments of other help that :amounts to $250,000.00. The amount of $41,286,00 is only 12% of the total cost of the Latin Summer Feiesta, and this is what the Advisory Committee on Tourist of the Latin Chamber of Coinunerce is coining to request from you Honorable Mayor, and ttetbers of this City Commission. Mayor 'erre: Thank you very much, Does anybody else want to say anything else? Mr. Barrios: If you have any questions, the membersof this Commission, I would like to be able to answer you. Mayor Ferre: The period as I saw it was July 28th thru August... Mr. Barrios: August 13th. Mayor Ferre: 13th. Mr, Barrios: Right. It's part of the end of the month of July, beginning the month of August. Mayor Ferre: Alright. Morty, you want to say something, Morty? Alright. Mr. Freedman: I'm sorry I wasn't here for all of the presentation, though, I read a lot about the plans that are underway. As you know, we have the International Folk Festival, which is going into its seventh year. It is now like a }adri_s Gras similar to what New Orleans has. We have a giant parade of nations, which has been very successful. We have an International Festival that has gained recognition, not only through Latin America but now throughout the world. We have governments who are contacting us and asking us to send, asking if they can send groups to Miami. Mayor Ferre: Morty, may I interrupt you to tell you, there's a wonderful American saying, that "one robin is not a spring make", isn't that the way it goes? Mr. Freedman: That may be sir, but... Mayor Ferre: Well, let me paraphrase. One festival does not a carnival make, so there's plenty of room for more than one festival. Mr. Freedman: Well, let me say Mr. Mayor... Mayor Ferre: Go right ahead. Mr. Freedman: ... why I don't feel that there is. Mayor Ferre: Ok. Mr. Freedman: First of all, we've been restricted to a very tight budget for the past two years, been told that there are no funds available for this type of event. Right now we're in need of about $3,000.00 more in order to accommodate the groups that want to come here. So it has to come out of the same pot I assume. Secondly, as I understand it, this group is planning to invite people from other countries to participate, is that not correct? Am I correct on that? Mr. Barrios: Pardon? Mr. Freedman: Do you plan to invite other countries, people from other countries to participate? Mr, Barrios: Yes. Mr, Freedman: Now, I can only tell you that this will create the greatest confusion when we send out our invitations to these countries and these governments and they get another invitation at the same time to come here two months later. First of all, many of the governments could never afford to send groups to the same city in the same year, two months apart. It's gust impossible, so it can only hurt us. We have expanded the festival. We have tremendous satin participation and it seems to me that this is overkill, 47 APR 271978 l� Mr, Barrios: Well, actually one concern of the Latin Chamber of Commerce is to enhance the economic life of this community and we are not trying to ihtetfer with anybody or to compete with anybody. We are trying to create something that will be an additional incentive to bring tourists ftom all parts of the world to this area, and we have already spoken to institution& like the Orange Bowl Committee_, the Latin American Orange Howl Corwnittee,the bowntown Development Authority, the Downtown Merchant Association, the Greater Miami Chamber of Commerce, and all the associations of Motels, Hotels, and you know, the like. And, it seems to generate a lot of enthusiasm in everybody. And, I don't believe that we are going to let's say, eat out of our people, you can have your festival and we can have... I mean this is not our festival, we hope that this will be the festival of everybody in this community and we are not trying in anyway to, you know, to eliminate you or to compete with you... Mr. Freedman: No, but as a practical matter of fact it competes with us because it competes for the city's dcllars in an international event and secondly, we have these other countries who are going to completely confused about which event they should respond to, both of which would be identified with the City of Miami and this community. And, I might also add that when we begin the festival we first had it in August, and we were then told by the Downtown Merchants Association that it would help them more if we had it earlier, because in August they said, they have tourist coming out of their ears, and they don't need any kind of event in August to draw tourist. This is what they told us. So we moved it hack to May, and that was at their request. Mr. Naranlos: Excuse me, Mr. Freedman, the only thing I would like to say about your argument is number one the dates in our festival are different, in other words, they are in August, and this was a concensus of tour operators, airlines, etc., and so it was designed for the tourists not for the local public, to keep the tourists. If you would have been here from the beeinnine you would have seen that 18Z of the people that come in here cure for tourist attractions. What we're trying to do, see, this is like a river and the water is flowing through here very fast. We're trying to build a dam so the people stay here, spend money in Dade County, spend on our people,.create jobs for people in Dade County, this is the idea of Latin Summer Fiesta.hL're not competing with anybody. We're working with everybody in the County. Anybody that wants to participate from the public, private sector,we're working with them, we're not competing with anybody. Mr. Freedman: Well, the only thing that's hard for us to understand, we have a committee of 35 members, who have been working very hard over the past 7 years, and I think you have a figure here of $41,286.00. Mr. Barrios: Yes. Mr. Freedman: Is that from the City of Miami, or, that you're asking that or... Mr. Barrios: Well, this is the money we need that is not committed yet. You can contribute something if you want. Mr. Freedman: We have an appropriation of $19,000, which apparently the City has been straining to come up with, and here is more than double that amount. We're able to put on the Folk Festival have been for the past several years for that amount and I think the City is really getting its money worth. It's not that I'm against your intentions... Mr. Barrios: Yes. Mr, Freedman: .... but I think it would be very harmful to the International Folk Festival. Mayor Ferre: Well, obviously this is a serious matter. My recommendation is that Mr. Grassie look into the possibilities of funding both or part or either and come back with a recommendation and we'll discuss it at that time. Mr. Plummer, Let me bring up a point, Mr. Mayor. 1 think the important point that was made here right now. Morty, knows how 1 feel about this. International Folk Festival and I've always have and always will, but I can see the difference of appealing to two different groups of people. To me, the International Folk Festival is for us, the local people, It is not for the tourists. I don't think APR 2fl978 that if were honest with.ourselves that it in £act generates much tourist business. Yes, it does activate the Columhians that live here, the Venezuelans, Who normally don't cote out to City functions, it brings them out because of their eulture. But if l understand what you're trying to promote is more like what to tried to protlote in the World Trade Fair for Commerce. Mr. Barrios: Yes. Mr. Plummer: To, you know, let the tell you what Customs, which I see all too often, they have... about me. They have a saying out there when the South America, that these are "MM'e and I heard finally it just got to the best of me and I said is a Mickey Mouse. In other words, these people saying, they come in here, they hit the airport, another plane and go straight to Orlando... Mr. Barrios: Right. I see. The people out at Yes, I'm sure they say that people are coming from that for quite a while and what is an "MM" and this just exactly what you're they go upstairs, catch Mr. Plummer: We are faced with the very same thing in a presentation this morning, in Watson Island. It would amaze, I think, as it did me, a million people a year are going out of this port and these people come in here from California, from Nevada, and out west on a chartered airplane, get on a chartered bus and go on a chartered boat and never hit the streets of this city to spend a dime. They come back and do just the reverse, they get off of that chartered boat, get on a chartered bus, go hack on a chartered plane and go home. Now, to me , that has always been blatantly unfair to the people who pay our taxes, not only the residents who derive it indirectly but the people who are in business who directly receive the funds. Mr. Mayor, I would like to expound into another area. To me, this would be -you assigned me to a committee that met approximately three or four or five months ago, 1'ir. Grassie, the advertising, to select the advertising group, and one of the things that it became very clear that we were not spending enough dollars in tourist promotion and in limiting a contract to appeal to Latin and South America with a budget of $200,000 was just totally inadequate. If you really broke it down that would be just for the country of Columbia along, about $1.20 a person, and that doesn't include all of the rest of the countries that we would like to appeal to. I spoke to this Commission about increasing that budget in this upcoming year and this Commission unanimously agreed that more dollars had to he spent in this area and I feel relatively comfortable and certain that if this Commission can see its way clear that that is where that monies or dollars should come from backing up what this Commission unaminously agreed to spend more dollars in bringing those people and keeping them here. So, Mr. Mayor, I would hope that this search for funds not committing to the total amount maybe, but whatever we can do would be channelled through that of tourist promotion in which we spoke about on previous dates to this meeting. Mr. Barrios: Commissioner Plummer, you said very brillantly what must be the reason for of this Summer Latin Fiesta. More and more people are saying that sunshine is not enough to bring tourists down to the area of Greater Miami and holding them in our area. We have to offer them more, and this is what precisely we are trying to do and not only that in our committee we have people from the hotels and we are hoping that the personnel taking care of the tourist will be educated better to take better care of the tourists that come down here so they will stay longer with us, and that we are working with the people of most of the airlines in this endeavor. So, I hope that this will be a very successful event for the good our community which we all love. Thank you very much. Mrs. Gordon: J. L., would you be kind enough to tell me where you have that money tree you 're going to shake? Mr. Plummer: Rose, I didn't have, as you will recall, we have allocated for advertising, that's just..to me the Latin word is much more significant than the English word' propaganda, We have allocated $200,000 for the firm which was selected by the committee and then by the Commission. It was hoped and I think you'll find a resolution of this Commission that that figure be doubled for this coming year and it went on record, because I remember I wanted it in a motion to instruct the Administration, not maybe, but definitely, so the money is not presently there. Mrs, Gordon; l think the Mayor suggested that the Manager take this under 49 APR 2re1978 advigzmeht. 1 thinkthat that'•s, the only thing we can do.. Mt. Plummer: 1 still agree. Mayor Ferre: Yes, 1 think it's the only reasonable thing that we can dok 1 just Want to go on record expressing myself to all of you and to Morty, 1 want you to know that 1 at supportive of both groups. 1 would hope that we could avoid conflicts. I think Miami is a large enough. community where hopefully we would have not one but a dozen festivals.. 1 want to tell you 1 just came back from kio, they've got, those people have parties every weekend. It's unbelievable the amount of festivals and things, and you know what, it becomes a tremendous tourist attractiion. People literally come from all over the world. Of course, the carnival is the best known, but that's not the only thing that Rio does. They're on all the time putting on festivals, shows. I was in Lite, they've got a big expo hall there that 1 drove by. I went in Bueno Aires, to see another, they keep that thing going all the time. They had machinery, they have all types of exhibitions. You know, when you have a Convention Conference Center or you have a Convention Exhibition Hall like Miami Beach these people are putting on shows all the time. They've got machinery shows and automobile shows, boat shows, and this show and that show. There's no reason why we can't have a Bahamian festival in Coconut Grove. We had one what, two months ago? Tremendously succesful, right? • Mr, Barrios: Mayor Ferre: That Herb Hillard put on. Mr. Plummer: You just had the That's what I hear... yes. Mayor Ferre: What? ... the one that Herb Hillard put on, yes. But what I'm saying is that this is a big enough community for a lot of these things to happen and I think we've got to be very broad visioned about it and have a... Now, as far as money is concerned, look, we are very short on money, you know that. We have very, very little money. On the other hand, if we don't go out and help things such as Day Care Centers, and we don't go out and fund such things as the Trade Fair of the Americas, or the Convention Conference , and all these other things that we get involved in, the Orange Bowl, the Sea Ragattas, the Rowing Ragatta,we put money into all those things. Today, we got something that we're going to put on that Sparks Plug Race, how much we spend on that? Mr. Plummer: Not a dime. Mayor Ferre: Mrs. Gordon: Mayor Ferre: Well, ok, that's the exception. But I mean... Did we fund anything for the Calle Ocho? I don't think so. No, and that's another one that... Mrs. Gordon: Huh? 'tr. Plummer: Mrs. Gordon: In kind. Yes, but we didn't give them any money. Mayor Ferre: Yes, if you don't count the 50 policemen that were on duty as no money. Mr. Plummer: make. Mayor Ferre: Mr. Plummer: talking about Mayor Ferre; Mr, Plummer; Mayor Ferre; But, wait a minute, Maurice, this is the very point I'm trying to And, I'm agreeing with you. Calle Ocho was for the local folks, for the people who live here. We're a different ball game. Plummer, I'm agreeing with you. Ok, there's a big difference, So, let the Manager come back with a recommendation. Peace. APR2'1978 Project 1174. Mts. Gordon: You're ready# catchthat ball. Mayor Fetre: You don't need a thotion for that, do you Mr. Grassie? Alright, thank you very much# ladies and gentlemen, Mt. Barrios: Thank you , Mr. Mayor... 23. REPORT ON "PARKING" STUDY IN THE COCONUT GROVE AREA. Mayor Ferre: Alright, now these two gentlemen have been here since 9:00 o'clock this morning and we're now going to talk about Coconut Grove Parking, and my apologies to you, sir, for making you wait so long. We were waiting for another gentleman, who is now with us. Mr. Grassie, if you'll forgive the but we are very late and we are now on item "D". Mr. Grassie, you've got these two gentlemen, who have been very patiently waiting since 9:00 o'clock this morning. Mr. Grassie: Mr. Mayor, members of the City Commission, I wonder if we could ask Mr. Fosmoen to introduce the subject, so that you will have, ... so that he can remind us of where we were on your last meeting and then possibly we could ask these gentlemen to speak. Mayor Ferre: Alright, Mr. Fosmoen? Mr. Fosmoen: Mr. Mayor, and members of the City Commission, at the last meeting we requested approval to solicit proposals to undertake a parking study in Downtown Coconut Grove. The City Commission directed us to contact property owners in the Grove to determine whether or not there was an interest in private development of off-street parking facilities. We contacted some 15 or 16 property owners where it appeared likely that private parking could be built. We received responses from four. In two cases, the Players Theatre and Grove Realty, they indicated that they would be interested in putting parking on their property. In two cases, Blue Water Marine and the property at 3344 Virginia, they indicated that they had no interest in putting parking on their property. Now, the two affirmative responses that we received ... Mayor Ferre: Mr. Grassie, can we get somebody to kind of clear up back there, because I can hardly hear today. Mr. Fosmoen: the two affirmative responses that we received, both would require a rezoning and both would serve commercial. Mayor Ferre: Would or would not? Mr. Fosmoen: Would. Mayor Ferre: Would require. Mr. Fosmoen: And both would serve commercial developments proposed on those sites so they would not add to the availability of parking in the Grove. Mayor Ferre: Ok. Alright, sir, you wanted to address the Commission? Alright, let's see if we can get some quiet. Can we get some quiet here,please? Alright,sir. Mr. J.W. Hanson: Mr. Mayor, and City Commissioners, my name is J.W. Hanson and I live at 3344 Virginia Street. That's been my home for something over 40 years, and I was wondering why these City Commissioners pulled my name as a parking place. Now, we have three parking places right through the side of me, and Mr. Brown, told me yesterday, I don't take enough money in to pay to have a man at the gate. So that's one of the disadvantages. There's 14 parking places less than two blocks from my home, And, I don't see why you want to interrupt me with my home and I want to object to the City Commissioners as bothering me with my home. Mayor Ferre: You Live on Virginia, do you? Mr, Hanson; Yes, sir, right along side the old post office, Kayor Ferre: Alright, by the side of the old post office, you want to ask thew, APR 271978 t glean, you watt to antiwar why you're bothering hit? Mr. Pos oent We'v'e attetpted to explain to Mt. Ranson that we didn't $lean to bother hit, We Were simply inquiring as to whether of not he had an ihteres.t in putting private parking on his property. Mayor Ferret Mr. Hanson, would you like to have private parking on your property? Mr. Hanson: No,sit. Mayor Ferre Well, then, don't worry about it. Mr. Hansont Thank you. Mayor Ferre: Alright, is that alright Anybody else want to speak on that? Sir, do you want to address the Commission? UNIDENTIFIED SPEAKER: No, I'm his son-in-law... Mayor Ferre: I see, alright. Alright, thank you,sir. Mr. Zellman: Mr. Mayor, I'd like to have a word, if I may? Mayor Ferre: Are you going to talk about Mr. Hanson's property? Mr. Zellman: No, no. Mayor Ferre: Ok, let W. Hanson, go home, peace. Alright, now you can address us. Mr. Zellman: Thank you, sir. Mr. Mayor, and members of this City Commission. My name is Richard Zellman, I'm an attorney with offices located in this City of Miami. I've asked to come before you today, specifically in response to some recent newspaper articles I've been reading about the possiblity of funding a public study of parking in Coconut Grove, and also because one of my clients is Francesca Morelo, who is the Broker with Coconut Grove Realty, and I think Mr. Fosmoen referred to him. What Mr. Morelo is interested in doing, if it's double and it may not be, but if it double is developing a parking facility on the Grand Avenue site which is presently the home of the Farmers Market on Saturdays,it's Grand Mc Donald and Florida in the back of it, and I'm sure on the other cross- cross street.He has done a lot of architectural studies so far, we know that there is a lot of misunderstanding in the community and neighborhood about this study and about what Mr. Morelo is attempting to do. We have scheduled a meeting on May 9th, at the Coconut '41111 Grove Children's Theatre and sent out 300 invitations to people that live in the area, and also I extend this invitation to all of you sitting before me today, and everyone in the the audience that if they'd like to attend this meeting, May 9th, 7:30 P.M. at the Children's Theatre to discuss use of this property. Mayor Ferre: Could I ask you a question? Mr. Zellman: Yes, sir. Mayor Ferre: Do you need a zoning change on that? Mr. Zellman: It depends on the plan. One plan which would develop about 160 parking spaces probably in the vicinity of about 50 to 60 could be used for where the public parking would not require any zoning change. The other plan and we're throwing this open would develop approximately 366 parking spaces and contrary to what Mr. Fosmoen said, about 130 would be needed for private purposes, and over 200 the way the architect has designed it at this juncture. Mayor Ferre; Well, we'll be seeing you here, then, I'm sure in the future if that's the case, Mr. Zellman; In summary, I'd like to ask you to come down to that meeting if you are free, any questions you may have I'm here to answer them and finally I urge you, at this point when the City needs money for so many urgent purposes, please be assured we are private people that are interested in doing exactly what this city has been talking about, 52 APR 271978 Mayor Ferret I agtee with that. Reiv. Gibson: tet Me ask you, your client owns that land? Mr, Zellman: !es, bit. Mayor Vette: tout client oWtis the land where the Partners Market is. Mr. Zellman: He owns the... Rev. Gibson: Wait a minute, tan, I live out there. Wait, wait he doesn't own all that land. Mr. Zellman: Well, there's about 14 lots. Rev, Gibson: He doesn't own all the land, tell the City the whole truth. He own some of the land. Mr. Zellman: it depends on. Rev. Gibson: Because one of my members own some of the land, that's how I know, the Stirrup's, isn't that true? Mr. Zellman: Well,... Rev. Gibson: No.., Mr. Zellman: I'tn not sure which land you're referring too, because the Stirrup's sold lots 6,7, and 8 to Mr. Morelo back in January, so I'm not sure which you're referring to, there's 14 lots in there. I know that he owns a substantial portion of them. Rev. Gibson: Alright, sir, I'm not going to deal with that that you own, I'm going to deal with what happens I'm going to be right here to deal with what you don't have a right to do. Mayor Ferre: Father; that's not before us now. Rev. Gibson: I know,no, no, what you don't... oh, I don't want to tell you all of it then. I'll wait til you come. Mr. Zellman: Good enough, please contact me anytime you ... Rev. Gibson: No, no, I'll wait until you come, my Brother. Mayor Ferre: Alright, is there anything else you want to tell us? Mr. Fosmoen: Well, in response to one comment, of course, parking is revenue supported, it is not a drain on the General Fund as was suggested. Mayor Ferre: Yes. Mr. Fosmoen: Secondly, even if there are private interest that are pursuing parking. Number one, there's no city control or public control on the rates that are set, and number two, there's no control on the location. They may or may not be in an appropriate location, Mayor Ferre: Well, good old private enterprise system has always been pretty good about controlling prices... Mr. Fosmoen: Yes. Mayor Ferre: ... in that sense, so you know, a little competition. I agree with you Dick, that one thing does not preclude the other, My concern is one of timing. I've been hearing for the last four years discussion about the need fora major parking facility in the Coconut Grove Area, and I don't gee that we've made much headway, I talked to Co., Wolfson about it five years ago, and they were going to make a study and where are we? Mr. Fosmoen. That's what we're suggesting to the Commission ia that we began taking the lead in some of these irauea 1 rather than,,' Mayor Ferre; Po you need a resolution to that effect? 53 APR 271978 Mt. Fosmoen: ... father than relying on the Off'Street Parking to come in and study we are going to take that lead and go to them with our study. Mayor Ferret Mr. Fosmoen t Mayor Ferret Mt. Fosmoen: Mayor Ferre: Mr. Fosmoen: Do you need a resolution for that? Yes, sit. What? Yes, sit. Alright. It's item 57 on the agenda. Mayor Ferre: Does somebody want to make a motion to that effect? There is a motion that this matter, that the Administration give this study and that we make a specific study for the parking needs in the whole Coconut... Mrs. Gordon: The Administration... yes, I'm in favor of that.., you're not paying anybody to do it, do it inhouse, is that it? Fosmoen? Mayor Ferre: I don't know whether we are. Mr. Fosmoen: Yes, we are, the resolution before you, item 57, we're seeking consultant services. 40 Mrs. Gordon: Oh, you're seeking consultant services, oh, well... Mayor Ferre: Well, wait a moment. Mrs. Gordon: ... you know, we're so sort of money for everything and we're spending it like we have it. Mayor Ferre: Mr. Fosmoen: Alright, is it Yes. item 57? Mayor Ferre: We'll take it up on item 57. Is there anything else on item # D? If not, then we'll move on to the next... No, J. L., because those people aren't here yet. 24. DISCUSSION OF PROPOSED REVITALIZATION OF EDISON CENTER BUSINESS DISTRICT. (U.D.A.G.) Mayor Ferre: Alright, we have also, Mr. Winn, who has been here since early this morning which is item#F, let's take that up, and then we'll take D. Mr. Winn, Dena? Ms. Spillman: Mr. Mayor, members of the Commission, As you are aware of,the City of Miami received approval of its Urban Development Action Grant a couple of weeks ago. Although we didn't get the amount of money we requested we're very pleased to have been among the first round of cities that were awarded grants under this program. A few months ago, Mr. Dave Pincher and Mr. Charles Wright, of the Miami -Dade Chamber of Commerce, came in and discussed with us an idea that they had for an Urban Development Action Grant proposal for the City of Miami. The proposal is in the Model Cities Target Areas it is in accord with other activities that are going on in the area through the Community Development Program and also the Martin Luther King Boulevard Development. The request would involve approximately 3.5 million of Action Grant Funds and approximately 10 million dollars in private investment. The developer of this project would be the Inter -City Development Foundation in a joint venture with F.A. Johnson and Associates, who has worked on New Town --In Town Projects around the country and Ron Frazier b Associates, are local architect. I'm going to ask Mr, Wright to give you a description of what the proposal involves and if you're in agreement with that, we would ask that you would approve the concept and approve an application submission to HUD, 54 APR 2 l 1978 Mrs. Gordon: I have to ask you a question Dena ow much money did you get out of the five million you requested. Ms. Spillman: One.ttillion. Mrs. Gordon: Well, where would the rent of it cote from then, this proposal request? Ms. Spillman: This would be a different submission. Mts. Gordont A new application? Ms. Spillman: Right, we would be submitting in the third round of funding and that would be going into HUD at the end of June. Mrs. Gordon: Oh, so the one million you got, what are we using that for? Ms. Spillman: That's the second mortgage housing program. Mrs. Gordon: I understand, ok. Ms. Spillman: I'm going to ask Mr. Wright now to give you a brief description of it. Mr. Wright: Ok. Before I start the presentation, I would first like to introduce to the Commission our Board President, Mr. Fincher, the Foundation President, Mr. Winn, a member of our Edison Center Merchants Community, Mr. Brooks, and a representative from Congressman Lehman's Office, Mr. Pete Bentley, and we have two additional staff members, Ms. Simmons and Mr. Seabrooke in the audience. What the project essentially calls for is a three phase overall development plan for the Edison Center Commercial Core and the UDAG application monies would be used as a catalyst project to get this particular three phase operation into motion. Specifically, under the UDAG application we're asking for funds to expand the present operation of a manufacturing, retail outlet clothier, we're also asking for funds to expand a commercial property that would be expanded into a 20,000 sq.ft. market place and we're additionally asking for funds for the completion of the Shell City development as envisioned in the market analysis approved in 1976, that was done by Spar Redco of Chicago, which calls for essentially 300 apartment units and 30,000 sq.ft. of commercial space. We have in fact been negotiating with several private lending institutions, including Dade Federal, Atlanta Life Insurance Company, Central Life, and Afro-American Life Insurance Company and two private investors to help support the project in terms of private monies.SBA has also voiced an interest in the project which will be the manufacturing company. The project is envisioned to cost approximately $15,000,000 with one fourth of that coming from the UDAG application or 3.5 million dollars, essentially that's what the project is. It will be tied into a three phase project. One important element of the three phases is phase two, which is the development around the Rapid Transit Stations. One of the things that will be accomplished with the market place in the commercial aspect of the Shell City project is approximately 50,000 sq.ft. of commercial space that we will use as reclamation properties for those individuals that will be displaced by the Dade area Rapid Transit System. There will be several businesses displayed and we would want to keep them in the area. We also find that under the proposal as we've developed it. It satisfied many of the requisites for UDAG application. One, it will increase the employment, both on a temporary basis through construction jobs, which we have envisioned more than 200 construction jobs being created as a result of this particular venture, and it will also create approximately 150 permanent jobs in the various ventures, including the commercial ventures and the manufacturing. Mrs. Gordon; My question is the public improvements portion, is that a Dade County expenditure, or is that one for the City or what is the $2,960,000 represent? Mr, Wright. I don't have the specific,,, Mrs, Gordon: On the second page, it's called Edison Center Commercial Renaissance, Ms, Spillman: I'll have to ask Mr. Wright to answer that, 1 ... Mr, Wright; Let me see the specific reference, IJU APR 27197a Mrs. Gordon: Not the UI AG Money, this is over acid above the UDAG, Mt. Wright: Ok, that's n pro rain share of the iT proVtawnts that Otte taking place by virtue of the Martin Luther :tit a koulevatd end other Public Works projects that ate going on in the Area already. Mrs. Gordon: Yes, but is that Money that we are going to have to lay out, ot,.,? Mr. Wright: Mrs. Gordon: and the City NQ,that money is already there. It's already allocated for public or by the City alone or what? Mr. Wright: Part of it is City C.D. funds that on your expanded project into the area west of is County Decade of Progress Bond Funds. Mrs. Gordon: Ok, another question, with regard that's owned by the County, isn't it? improvements by the County ate being spent presently 12th Avenue and part of it to the Shell City project, Mr. Wright: it is owned by the County. We will be sitting down with the County Representatives. We've been working with the County on disposition for that project for the last six months. Mr. Mc Manus from the City and several other individuals from the County have been working on that. We will be siting down next week with the investors and the bankers to reach a final disposition on the acquisition rights for that property. Mrs. Gordon: You will be purchasing that property or they're going to give it to the project or what? Mr. Wright: The property will either be leased or purchased. It is unlikely that they're going to give the property,because it is our under- standing now that that kind of gift from their perspective would set a bad precedent. Of course, we would prefer them giving the 'property... Mrs. Gordon: But they're going to purchased.'.. Mr. Wright: ... and allowed us to pay the taxes. Mrs. Gordon: Then there will be a tax return coming out of that property after its developed. Mr. Wright: To be accrued ... Mrs. Gordon: I like the idea because it's going to broaden the tax base and the City will benefit because it's in the City, and it's right now, I don't think we're getting anything out of it, because the County owns it. Ms. Spillman: There's two points I'd like to make clear on this proposal. One is that the proposal is that we either give financing assistance or some sort of grant to some private owners,that's involved in the proposal. Mrs. Gordon: Where? Ms. Spillman: On page 3, page 2 and 3. For example, on the Meshorn Manufacturers, it's proposed that UDAG funds be used for building renovation equipment and supplies which we would be dealing with the private owner on. (BACKGROUND COMMENTS) Ms. Spillman: Yes, it does. I just want you to be aware of that. Mr. Wright: Let me explain, Ms. Spillman: Certainly. Mr. Wright: Let me explain, One of the reasons why we 've talked in terms of a grant, because one of the things that we would like to see happen is for an equity position to be gained in the private concern so that that money can be used for future redevelopment purposes, If I could just,.. 56 APR 271978 Mrs, Gordon; IA it actually giVeti of loaned, is, likea mortgage, like We're doing with. the other? Mt. Wright: It's either en investtient or an inVestttent is not a gift. It Mrs, Gordon: That's what I thought. Mr, Wright:'Where is a return on the dollar and that money will be used for other tedeveloptient projects in this same area, Mrs, Gordon: Like a loan, It's like a mortgage. Ms. Spillman: The way it's envisioned now it would be a grant, Mrs. Gordon: That's not what he said. Ms, Spillman: No, you're talking about tax return, right? Mr. Wright: No, Mrs. Gordon: You're talking about King, the Taylor? Are you talking about King? Are you talking about any of them that get the UDAG will return it? Mr. Wright: There will be a return on the money to the foundation, yes. Mrs. Gordon: To rebuild the UDAG,or to rebuild the fund for further redevelopment? Mr. Wright: For further redevelopment of the area. Mrs. Gordon: Well, that's not what you said, Dena. Ms. Spillman: Ok, well, then, Mr. ... I think that he should explain about the Inner City Development Foundation's role in this. Mr. Wright: There will be a grant given to the Inner City Development Foundation, but we will try to make that grant go into perpetuity, so that we can have money to continue redevelopment activities in the area over the five year clan as we've outlined on the visual that I did pass out to you. Now, this is in accordance with the intent and the spirit of the UDAG to put money into private investors hands so that they can in fact continue that money to redevelop the areas. Mrs. Gordon: What monitory... well, how is that monitored, that money that you know, placed in the private hands, how is that handled? I'm asking because I don't know. Mr. Wright: One of the things that we would certainly have to do is work out a contractual arrangement with the City of Miami and I would be certain that , I'm certain that part of the evaluative process would include that. Mr. Winn: Madame Commissioner, as the President of the Inner City Development Foundation, what we are proposing here is primarily just to get under the UDAG approval. Once the grant is made available and we are encouraging it as a grant which will be used for continual redevelopment in the community, the monitoring process is left open to the City Commission. It has a Board of Directors, it's a local development company and guided by state and local law, as a local development company's function. Mrs. Gordon: Ok, how much is the original grant? Mr. Winn: I don't remember the exact amount in the proposal, it's 3.5 million dollars, I think. Mrs. Gordon; That's to be used for the improvement, isn't it? Mr. Winn; That's what the funds are used for, it's just the local development company in any instance would be Mrs. Gordon: And, it's not a repayable loan? Mr. Winn; We a grant, 57 APR 271978 Mrs. Gordon: It won't be a loan. It's a grant, Mr. Winn: Ito, it's a grant. The grant is to the foundation. Loans in some instances shay be iaade to manufacturers. and others who will be doing business in the area, that in that sense it is a loan and would be refundable and repayable. Mrs. Gordon: Ok, the tay I ask another question for information? The more I learn the better I'm able to cope, deal with your problem, ok: If an when this development takes place and is completed and if and when a time should arrive that a sale might b.e contemplated of itt who gets that 31 million or, you know? Mr. Winn: Well, if the 31 million is primarily equity capital for the foundation and if a loan were repaid in some instance, obviously the foundation would have security of its funds and those funds would come back to the foundation, to the local development company and be used on a continuing basis. Mrs. Gordon: It's seed money but it stays with the foundation forever more. Mr. Winn: It is a revolving grant to the foundation which then is used as local development funds to encourage redevelopment of the area. Mrs. Gordon: Is it intention of the foundation then to do this developing for instance, and then to sell that to some other private investor ? Mr. Bentley: On the Shell City site it would be an instance to participate perhaps with a private developer. Mrs. Gordon: No, I don't mean that. I mean it's done. Ok, you got the money, you built the project, it's completed, is it the intention of the foundation at some point along the way to sell it to third party -and if they did and the money came back for equity capital coming back as a sale would it then be re -invested in some additional ... Mr. Winn: It would be re -invested... Mrs. Gordon: ... local development, is that intent? Mr. Bentley: Sure, that's the objective, yes. Mrs. Gordon: And if it isn't sold it remains in that project? Mr. Winn: The asset remains apart of the foundation's assets, yes or the liability remains apart of the foundations assets. Mr. Grassie: Commissioner, I wonder since this is a very new program and really, I suspect that their is some misunderstanding with regard to how the program is going to work in the future. It may be well for either Ms. Spillman or Mr. Fosmoen to talk about UDAG regulations •as they apply to the grants that can be made to the private sector, because there is a percentage of the total grant that can be made as a outright grant to the private sector. Mrs. Gordon: Alright, then simply, because we are short of time today,let me say I'm in favor of the project, but I need to have a total understanding of what we're going into. Ok. Mayor Ferre: In effect what we're doing if we approve it today is approving the application presented in item F. Now, I want to tell you with all honesty Bill, I'm not an expert in UDAG, but I know a little bit about it and I've talked to a lot of people in Washington that we got funded the first time around I didn't think we were get that million dollars but we did. Now I think the odds are against us in getting this money, but that's what I thought first time around and we got a million dollars. I couldn't,,.I got along with Rose. I'm totally supportive of this and I'm going to vote for it and I'm going to work as hard as I can in support and I hope we get it. Mr. Wright; I certainly hope we do, Mr. Mayor. I would like to point out that we were here to be apart of the first application was not, but whatever reasons apparent breakdowns at the administrative level,.. Mayor Ferre; But we were lucky to get,., 58 APR 27197B Mr. Wright; I understands we're coming back this time, we would like your eztdor ei t. Well gamble they Will get it this time Mayor Ferret Well, I /lure hope so. And I'M ready to accept the Motion On that, if you went to Mote it. Mrs. Gordon: 'll Love it. Mayor Ferre: Alright, Father you Vant to second it? Alight. Mts. Gordon Moves. Father Gibson seconds that the City of Miami approve the recottmended application for the UDAG as described in item P of this agenda. Further discussion. Call the roll. Mrs. Gordon: dust tell Dena, please have a little workshop setup sometime in the near future. Let's go into a workshop session where we can ask some questions related to this and other funding projects that may come along, ok? Mayor Perre: Yes, especially UDAG'a because they're not easy to... Rev. Gibson: ... Before I vote, I want to ask a question. Is such a project anywhere established in this country? Ms. Spillman: I believe that several cities got grants for programs like this in the last round Atlanta, I believe got a very similar kind of approval. Rev. Gibson: What I am implying is that it would appear to me that the City of Miami would get busy find out what other people have done, and how they did it, and to protect the City and the people involved from the inevitable if we are not careful. You understand what I mean? You did this Mr. Grassie, that means you didn't hear me or didn't understand. Mr. Grassie: No, I'm not sure. Rev. Gibson: No... no, no, I want to make sure you hear me. I don't want nobody telling me what I said. I want to make sure that you put your staff at work to either go,if going is not advantageous and you could do it with less funds and less time, less effort, write or call and find out how it's done, and what we're involved in. See, I don't want... I don't want no mistaken identity in this business. You understand what I'm saying? I'm sure you heard that. Mayor Ferre: Ok. Mr. Grassie: Well, there's something else that possibly you need to hear Commissioner. Rev. Gibson: Well, let's hear it. Mr. Grassie: On this. particular application more than any other case that I know of in which the City has worked with a private group, the City staff has really done vituraily all of the work to put this together. Now, I think that the effort that they have made to try to make this a good application is unusual. You've got a lot of effort invested in it. But the basic... (BACKGROUND COMMENTS) Mr. Grassie; The basic concept behind this came out of the foundation, so you know, the design of what it is that they're asking for has come out of the neighborhood, Mayor Ferre; Well, Phil, can the City of Miami cooperated? UNIPENTIPIEA SPEAKER; The City of Miami only met with the staff of the project,after it was necessary to write letters to you ail and to constantly call their office to get their participation this concept was very developed before we met the City of Miami. w 59 APR 2719M Mayor Ferre: You know 1 heat it very differently. Eefore this all came up Dena Spilltnan, when t asked het how we were doing with our UDAG application told me that they had been spending a tremendous amount of time putting this together. Now, you know, ,.► UNIDENTIFIED SPEAKER: But it wasn't this project. Mayor Ferre: If that isn't so, that's a terrible statement and I just would be amazed that Dena Spillman would say that if that isn't the case. Now, they say that they put a tremendous amount of work, time, and effort to do this, now is that not so? Mr. Wright: Mr. Mayor, when the presentation was made the first time for the UDAG grant we were here, and you asked a question, was their any citizen participation or request for citizen participation at that time and the answer to you was no. We did not protest at that time but immediately after then, I think you and all the Commissioners received a correspondence articulating all of the facts involved prior to them being confronted with you with this situation, and we have worked very diligently and hard to get this proposal before you to let it become a reality and we did a great deal of that work ourselves. We are not trying to take anything away nor give away... Mayor Ferre: No, no, I understand. Mr. Wright: ... but we did do that. Mayor Ferre: But Dave, did they put out time and effort and have they been supportive or they've just been ignoring you? I mean, tell it like it i .. Mr. Fincher : Yes, let me ask her like this and I think what we're reacting to is the fact that the statement was made that most of the work had been done by City staff. I will agree within the last month their has been an exceptional amount of work been done by both the City staff and our staff but certainly we don't want to be precluded from having participated. Mayor Ferre: Well, I don't think you meant to imply that they hadn't done anything. You weren't implying that were you Mr. Grassie? I mean it's ... Mr. Grassie: No, the statement simply was that in terms of putting this together we have not simply relied as you would expect on their producing the grant but we have gone way out of our way to not only be of assistance to actually do most of the work. Mayor Ferre: I think it's a problem with semantics you use the word'most' and I think that perhaps created a problem. I think the point is that everybody has pitched in on this, is that right? Mr. Fincher Mr. Mayor, could we let Mr. Betney, Pete Betney, from Congressman Lehman office to you just a minute, please, sir? Mayor Ferre: Yes. but Mr. Betney: Thank you. My name is Pete Betney, I'm a Staff Assistant for Congressman Lehman and I feel that their has been a great deal of cooperation between the City and the Miami Dade Chamber of Commerce,speaking on behalf of the Congressman. I think the problem that we see which may be addressed in the future is that it's important and the Congressman's has tried to do this, it's important to solicit grass roots, community base organization to give input into federal programs and this is mainly how the Congressman got involved, but I think there has been a lot of cooperation at this point and I'd like to thank the Community Development Office and the City of Miami and the Chamber has done a good job too. Thank you. Mayor Ferre; Alright, thank you very much, Anything else? Call the roll, please. APR 271978 The following motion wa,s introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 78-264 A MOTION APPROVING THE APPLICATION FOR iJRi3AN DEVELOPMENT ACTION GRANT FOR REVITALIZATION OF THE EDISON CENTER BUSINESS DISTRICT. Upon being seconded by Com:nissioner(Rev.) Gibson, the motion was passed and adopted by the following votes AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Manor Maurice A. Ferre NOES: None. Mayor Ferre: Alright, thank you. Thank you,ladies and gentlemen. 25. PERSONAL APPEARANCE: PANS' OOALITION ODNC ERNING CITY OF MIA1 I "DAY CARE P4." Mayor Ferre: Alright, now we're on item... we're on the Day Care Center item. I think the ladies are all ready now. So, the chair recognizes... This is item #9, Miami Day Care Program. Go right ahead. Ms. Jackson: Mayor Ferre and the Commissioners. My name is Mabel Jackson and I'm President of the P.T.C. at the Eaton Children's Center and a member of the Parents Coalition, and I'm here today to briefly talk to you about the transportation problem within the Day Care Program. All of you are parents, well all of you have children or grandchildren and if they're not all pre-schoolers or no longer pre-schoolers, I'm sure you remember when they were, and I would like to ask you how do you think those children would feel if they were enrolled in a Day Care Program and they were told at their center, these children are going on a field trip today but we can't take you because we don't have the space for you on the van... Mayor Ferre: You don't have space where? Ms. Jackson: On the van. I'm sure that you will agree that they would not be very happy and neither are our children when they are told this. Many are left crying at the centers when field trips are scheduled and they have to left behind. I'll give you a example of how bad the situation is, recently at the Shenandoah Center, a field trip was scheduled to Crandon Park, in an effort to take all the children the teachers made six trips to the park and they had to make six trips to return them to the center. It took one teacher four hours to transport the children back and forth. We of the Parents Coalition feel that there is a better way and that is a bus. In our research we have found that a brand new 34 passenger GMAC bus cost only $16,000. So far this fiscal year the City has spent $11,348.00 for the rental of two vans and the purchase of one car. Mayor Ferre: $14,000.00. Ms. Jackson: ... How much have they spent so far? They have spent $11,348.00 and this is for the rental of two vans and the purchase of one car and these have proven to be insufficient in caring for the transportation needs of the Day Care program And we feel that a bus would be a part of the solution to this problem or would solve the problem. And we're asking that the adminis- tration commit themselves to the purchase of a bus and in doing so we ask that they seriously consider those that are being penalized by the present situation, our children. I would like for you now to listen to Joyce Lynch. Ms. Lynch; Mayor Ferre and Commissioners. I'm Chairman of the Parents Coalition, Angle: Your munetplease. el APR 2 ri 1 7B. Ms. lynch: loyeLynch. And, basically who_ you about is only a by product et i very serieun Lo fcrmi1. Commission meetings and 1.4:: heard ahout iw ..Ct tt rcports and we've listen to a it rhetoric and eur in dirt and still our children arc not leir.r; .r mtreor that tney should bc to.ken care of,and hatti:tally in arcas. Number one, the hu4sit. apprepricttiu wiirrt• t the ordinance that you passed was ::.d.,solutel.t, tctit.usarv. 'Inc m:1 t.ht commitment at the beginning of this fiscal veal the monies. Eat the mcnies were never appropriated to the program until todny. meures that the ptogram hal to work el. 1.'7.e Hdoro! amd many teachers promotions an out salaries were tv-lct e:ta that- this appropriation did not ratt. Theec• stet.:mr. te1 ry lAte prc..lolem of communication in the City Management and Lc4et and Act:minting areas. It seems te take a long time fmr rianyLr;tothr:r to f how mu....h mohcy rherr.. y w. „irn r -r, uow money was left over, and April j.m...1.1, whoa we wlia some.sio in Accounting, tilc H:A.47.:7; 17C nt vn; h • it! thiat was the fin-s:t. time Gal areiono a how .::111tch all money f iint:s Can.: shouli he thr saved non-profit agencies: Now, to. that von monies thrt were itaveh rrem the progrrm wet.t there' no auentimr ir cur miucs dhout that. t art Day CT. -Ire Program to at inc htcr •tt the cf the Proi.;rarl. 1.1:: know ilia:. 'taw :o t tv It's ::-Iv the administretior that is He.. vrmthm. w re moncif hlom setms te 11-1.:e. most sL,r.mt: A: «ii 1 TN • 1 • at cot:at:a:it t letyeen the Drt7tenL, and the differtoat ttoaroes that tht :iay 'dnt-r with lihancin statoments, irate and whoa we'r'e Day Care Prc,:ord.) talSiati admitmltration et a aoiramiir really is ir ttuCher cue, tor a progr:tm to be sur.cet..,stnt, vcs rnere .te mmtm cwr. for a program te be succetm7fni theri has cc hti a ,m7..r.itmect A the farrt admititttitien to provide adequate tcaTher.s, ob.:Heat- sturribg. cud that's cer totolv diftcrent area, hrciram ree1=J--: von nret,"...n. nmmbei one, making sui: r-at the moni, t.hut,7 hcad start But :id, a.ssuring that the renies are tia: liot the only answer. In order for the prorn te functioa antl c iu .h-i to adequately help our c!:irem ro becono reiqr :milhl,• rt.inuasible eitizen.:3 it really is neoessary ior tatitae 11tr A st.:!amlviug influence where they spend most of their oud at. Ow • Day Care Center. Oae ol the things thrit has LA;L: :i1Ct ,aat there are no full time teachers in any ot tht t'irm Ceu,cr..--:, This is:: programmatic prohiem and again It trACr: moucv in there now and we are askin in front o1. you, altrmo4.0 it is, an administrative measure to have full ti;u, tea.a, in ,:ent,Jrs 1r our, children because parents con come in in Cat., and sor,...ch.c says,' oh, your child was hurt doing the morning, butnobody knows why the child was hurt or where he was hurt, :lust the fact thac it did happen. Secondly, in the areas that the programs are located, the ',.',ayzAcal buildings are located in the parks, and Mr. Plummer, I know you've tech to the ..eate77.-s, Mrs,6ordon, I know you've been to the centers, and the other Cc.:nmissioners, as well. One oi the things that 1 know you addressed in Mmrrn '22nd, Mr. Plummer, was the fact that you saw children playing in dirt, that rhere was rotting play- ground equipment. Not has been done. Ali wc ash is that the kids can tome home and not be filled and piled up with dirt. Mi. Grassie, went to the Moore Day Caro Center and found out that the sprinkters weren't sprinkling the Day Care Center. The Day Care Program does not have a budget for playground equipment. If it were under Parks and Recrcatiovl 7arks and Re;:roation does have a budget fur playground equipment and we 1,7no',! th.st you're servicing 150 children right now in the centers duri nth? wec. But I Joa't know whether you're aware that an equal number of childs-cs-. [Inc! the±r parents come to the Day Care Cent:ors on weends just because tilt' littic. kids art. in the enclosed area and they can play where their parents ,.aa fyol sour0 a21 since there is 1 budget in Parks btrid Recreatioo tor playgrou...:n equipmcnt. ve'ro asking that maybe Parks and Recreation would consitir L:nat equipment in the Day Care Centers themselves because this w,Ili 1.t rtuly 'help, the existing clients or the Day Care Centers but it win 1! rit.ct help At- community at large on the weekends and in the evenings ,hildren come to play. ibr; 2 197L): As you can tell by nowt one of the things that we're asking for either the Day Care Prograth function on i.ta own in its own office. We're not asking for any money, but just have the Day Care Program function as a separate entity for -Many reasons. The primary reason which I addressed very briefly is the fact the funds for Day Care are mingled with non-profit agehcy funds. The bay Care Program which you're committed to as a City program is probably one of the only programs other than the handicapped that hasto fight withprivate nonprofit agencies for dollarst which is as Sad affair because the City is cotinitting the money to the program. You're committing philosophically to the program so let the program sit on its own so we can tell what monies are there. In Parks and Recreation this did happen because it was not mixed in with other agencies or other departments that were being serviced, and also just from the standpoint of maintenance when you have a building that's located in a park and you have personnel that systematically go and clean buildings and clean any structures in the park that take care of maintenance: it would be so Rim»le for them to taintain the same buildings. Unfortunately that doesn't happen today because it's not a Parks and Recreation Program. Also, the buses that we talked about and this is getting back to the kids. I can't tell you the number times that my child has come home and said,"gee, the kids went on a train ride today but they could only take 15 kids and I couldn't go because I went on the last field trip where they promised I'd go on the next one." Now, this you can't even assess the phychological damage that thi4 does to a child and also the frustration level for the teachers who are there trying to reinforce very positive attitudes in children and unfortunately they're dealing in a situation where when the child is told he can't go on a train and that's all that he's ever wanted to do, you can't be logical. All we're asking is that Parks and Recreation has the facilities, they have the vehicles available. If you won't give us a bus on our own at least make Parks and Recreation responsible for the Day Care Program so that they can provide the bus to us as one of their programs. Again, I can't stress enough how important it is that the Day Care Program to be a separate entity unto itself, not to be mingled with other agencies, not to be mingled with other departments because this and the Handicapped Program are the only two programs dealing a direct decision by the City to commit itself to community needs and to the needs of future community leaders hopefully and it seems quite funny that the school system is now paying $150,000 to train kids how to read in the llth Grade when if they spend $3,000 on a child in their formative years and many phychologists say that by five it's all over. Your child has set his learning patterns for life. So,we're going to pay for it as taxpayers in the end or we are going to pay little in the beginning And we're not asking for charity, we're not asking for more money, all we're asking is to give the program a chance to grow on its own by its own without any other administrative entanglement. .. Oh, I'm sorry, Phillip Washington, would like to speak about another minute. Mr. Washington: Good evening,Mayor, Commissioners, my topic is very brief. Mr. Ongie: Your name and address, please. Mr. Washington: My name is Phillip Washington, 250 N.W. 45 Street. I'm Treasurer of Parents Coalition. And, my topic is very brief. It's on grass in our Day Care Schools. As you know, if you've been out there, well you've been out there, you've seen the condition. Our children are playing in sand and what we want to do is asking to put grass into Day Care Centers. We know it cost a lot of money. We're not overlooking the fact, but we've been promised this and promised this and promised this and as a matter of fact, March 22nd, the last meeting, I understand that Mr. Plummer said, he wanted to see some results, and the reply was something like, in other words,"it will be results". But there's no results. There's still dirt and our children are still playing in sand and it's not a healthy condition for anybody to be in. And also, we're here, we understood that some people thought the coalition was a radical group, a bad group, but it's not. You know, we're here for the growth of our city, growth educationally, morally, and to make better citizens for tomorrow. We believe that providing or improving our present Day Care system would produce a better citizen for tomorrow, We're putting our stress not on colleges, even though a college education is very important, it is a necessity for growth, We're not even putting our stess on high schools. We're putting our stress on the prime very critical time of children from ages 1 to 7, this is the molding age, and we're asking you to help us consider what we have presented to you, help us to make the City of Miami a better city, and also to, and adding them to what Joyce said, in reference to $3,000 to educate a youth. We talked to a professor on what a Day Care should be from 63 • The first time I came before F.I.U. and he said that statistics says Ciat it takes to $30,000 to rehabilitate an adult offender compared to $:),000 to educate a youth. Now that's a big difference and that's something ail should think about. We're asking you to consider what we presented to you in the areas of full time teachers, available funds, that's supposn17e ed to hgene to Day Care to be put back into Day Care , fatt'ities, separate department of its own, or put Day ("ire het into Parks and Recreation. Buses to support or Lc transport the entire school, instead of leaving some behind, why net take the entire student body? Thank yAu, very much. sir. Ms. Rarirez: Mr. Mayor, Mr. Commissidrers, Lmn.gcJing to be repetitious. You was In FiAVuary. Mr. Ongie: Your name, please. Ms. Pamirez: My name o,heo tn::.e in ic:Jroary, I only asked that tile Day tare returned f.qu,:i tai.e,7irougn the investigation we found cut that the only it '1,4 a quality Day (;arc vas undut Parks and Recretion 11 w, put it In i'nnication? Wny the naLo ti ifie:t.tn : In Parks and iietreatiou, a:, you've Lonrd Inivt ;e tnem. In Citizen Services T don't n,oestiv ti-ad. they uo,.: to run h Day Care. So why should they 1v the program: Arc th,.,7 really interested in running it? Yt:!5, in the :/35Z LWO months that we haJ met:Lings with them they were interested then. lhings have irprov,d, ; nruwsiak to the centers and we pointed out ever',ting that wls outside et the centers. What about iasidc of the Lenteis, tnat'f: where the ).rains are, that's where the children ale learning, inside o: alto ctoter,i: hays: they leaniot! Ls s,ot rsi art - Y.. J11: L Juni and 1:,(Ang Lo t:ioyJv going to iJc .,::oat du they know? the's. know to de their name and their cn:tors ud their maybu two years ago they knc.. it , son Vears Old ;..;1 taight him at nome. 1;heu th.fv Inio kindergarten, tney du kn(u they become leaders, they're marked leaders l'ighL tle.n kn(...w, I'm to cut it it ri.t now. Ai i tin ,,,. Js hat ti, ,,:rents asked me today co ask you is to please vote to YL,..Urk 1 t bacu to l-Outs Lnd Recreation. Aha,11 hot, wed accept an explanati_eh. Mani. vcd, very mwn,for your tiMc. "layor lerre: As i retalt, you are theia 1 rr ol,at CIty of Miami, and it doe,-; fall within your purview, and j think it 3 encum1Der1nt upon you to ansx(_, , or somnbod-:. Mr. Grassi: Well, answr what, wc,1 d Surius of expr‘..s,,Jed opinions. I think that the one ..:hi; it pioLni)iy needs to be clarified because it represgnts, ',,prc-ients something different than what was said the last timL you Thert's luestion ot putting tanbark on HI el th,, play are,, aiouni Mayor Ferre: Putting what? Mr. Grassie: Tanbark. You remember the basic dicassion that we had? We talked about the alternatives that are available. We talked about grass, asphalt, tanbark and dirt. Mayor Ferre: Gh, tahbark, ok. Mr. Crassie: And, you got a recommendation from Al Howard in the Parks Department, that the only thing that would work was tahbark, and that's what you asked us to put down in the ..-entets. They said in one, Ehenandoalkon a trial basis. It was there for a week and apparently the Parents Coalition met and decided they didn't like it. Now, so we don't have tanbark. ?Is. Lynch: May speak, Mr. Mayor? In our meeting with Mr. Parkins,he had relayed this fact that tanbark was going to be used as an experiment in a partial area in Shenundoah. Now I'm not sure whether you've all seen tanbark or not. Many children had splinters and in separate votes, each one of the centers, Shenandoah, Moore, and Eaton, the parents unanimously voted for grass and this was related to Mr. Patkins, who told us that he had related that information to Mr. Grassie. Mayor Ferre: Grass it is. 64 1 APR 271979 Mr. Grass.iet Well; Mayors grass, it isn't. You know, we had about an hour's discussion a Month ago. Ands the bottotline of all that discussion was that there is no way the departonerits Parks Department that keeps this stuff growing can keep grass growing in that sort of an environment. Now that Was the conclusion. That's the only reason that we moved away from grass. It can't be done they tell tne. Mayor Ferret Mr. Grassier we tried tanbark. Can we try grass in Shenandoah in a little strip to see how it works? That's not a big thing, is it? Mr. Grassie: Mr. Mayor, we have tried grass. Those sites, I understand were all sodded about a year ago. Now, you've been out to the sites, it doesn't work. Mayor Ferre: Al? Ms. Ramirez:They were only sodded because the parents, bought it at Shenandoah, the one place. Mr. Grassie: The point is it was sodded. Mayor Ferre: Can we trying sodding in one area, specifically, and try it again? Mr. Howard: Well, if you're familiar with the Day Care Centers, particularly Shenandoah and Moore, particularly Moore is about 90% shade. There's a large ficus tree there, and there was grass there when they firstbuilt it and it just won't grow and then you have 50 children running around through the day. Shenandoah, they put sod down there. Mayor Ferre: What do you recommend then? Mr. Howard: My feeling was that tanbark compacted met... Mayor Ferre: But, they don't want tanbark. Mr. Howard: ... was sufficient, but we have this tanbark in about five or six playgrounds are we've had no complaints. To put the sod in there we must irrigate, we must bring in top soil, a fertilizer, it must be maintained, it would have to be aerofied because of the children playing... Mayor Ferre: How about some of that poly turf, that's not a bad idea? Mr. Howard: I don't believe we have any left. Mayor Ferre: Do we have any of that left from the Orange Bowl? Mr. Howard: That would be a little hot though for the children if that were put down, because it's not absorb the heat. Mayor Ferre: Well, ok, the facts are this. Sand is the worst, nobody wants sand. Grass won't grow. ... you think it will. Ms. Ramirez: I'm sorry, Mayor... Mayor Ferre: You're an expert on grass. Ms. Ramirez: It seems quite funny that people who trample over golf courses all day long cannot destroy grass, when children who play 2 hours a day outside can. Mayor Ferre; Let me tell you something, as a Father of six, one thing is children consistently playing in an area and another thing is a golfer going by, you know, 20 golfers,.. Ms. Ramirez: Yes. Mayor Ferre: go by a month and over the same piece of grass. Ms,Ramirez: Grass is running wild over at Moore, I believe it is, Mr. Ows ak, and myself saw that there was grass there and we were amazed, and yet the kids play there ,,., 'APR 2 7 i97e Mayor Fetre: I know, that same of us that are concerned about that. M. Lynch: (laughter) tights but cut it down and put in dirt. Mt. Ramirez: I don't really think that the Brass is the real most important issue here today. Mr. Howard, you called for his advice, and we feel since he is connected with Parks and Recreations what is his advice, why do the program run so good under Parks and Recreation? Mayor Ferre: Tell them why... Ms. Ramirez:Would you like for me to repeat that? Mayor Ferre: ... we're running way behind and Jessie McCreary, just wrote me a nasty note, says that he's got to go catch a plane, he's been here for a long time, so we've got to move along and these people have been here from the morning on ACTION and this other item C or D, whatever it is. so we've got to move along now. Let's bring this to a conclusion, shall we? Ms.Ramirez: Yes, that's what I would like to ask. If there is no conclusion to this problem today, do we have to keep coming back again and again? Mayor Ferre: No, that's what I ... you know, I was just telling Commissioner Reboso, for a program serving 150 citizens we spend more time en this.,. Ms. Ramirez: Yes, that's a shame, right. Mayor Ferre: Yes, and I'm not complaining about that, because I think obviously we're not getting the solution to some of these things, so we really have to start getting some of the solutions, so }ou won't core here so often. We love to see you, but on the other hand, we'd like for you to settle down somewhere along the line But... I don't whether the rr:nss is going... Mrs. Gordon: Mr. Mayor... Mayor Ferre: I just don't know what to do... yes. Mrs. Gordon: I think the ladies have made a marvelous presentation. I commend them and the gentleman that spoke, because they hit at the heart of the problem and it's an easy one to resolve and they've given you a solution. It isn'tthe grass they're referring to. Two things, one thing that they feel is most important is the location of the program because of the ancillary services that are available in that department and I have to agree with them. I just wish that two other persons on this Commission at least would agree and that would be the move that would be taken. Then the grass will solve itself and other,transportation will solve, everything will fall in place... Mayor Ferre: Have faith. Mrs. Gordon: .., I live with faith, or I couldn't survive otherwise. I have faith. I have faith in everybody the light will shine. You said so at lunch, Mr. Mayor, and I considered that the greatest compliment I've ever had in my whole life. So, I have faith, and I just hope that it won't take too long, because these little kids are growing up rapidly and we have to handle it while they're still in there to benefit from the program. Mayor Ferre: Can we kind of bring this thing to a head soon? I think we really have to some to basic solutions on this thing and we don't seem to be coming to grips with it. There were a lot of things that were in the making and we needed some time. There were some audits being made and reports were going to be made, when? When is the light, when does it all come together? Mr. Grassier I don't view it as a solution to every problem that will be raised, Mayor, but the department's report on the overall operation of the department, this particular activity of the department is on your agenda for May llth, subject to Commissioner Plummer,changing the date of your meeting. Mayor Ferre: Well, whether it's the llth or the iOth or the 9th, it's coming up at the next ...alright, this whole thing,... (COMMENTS MADE OFF THE RECORD) Alright, is there anything else at this point then? Mr. Plummer: Yes, Mr. Mayor, you know, at the sake of sounding yo.yo1and 1 6 APR 271978 probably am. Mayor Fevre. Oh, no) Mr. Plumper: Who yanked your string? Mr. Mayor, luck, you only made once statement I agree with and that's one more than I usually do. We promise these people grass. That is turf. Mr. Grassie: We didn't promise them grass. Mr. Plummer: We promised them they'd get the kids out of the dirt. Now that's what we promised them. Now that... Mr. Grassie: Commissioner, what you promised them was tanbark. That's what you asked us to do. Mr. Plummer: That's right, and they're talking about the kids are iLll of splinters. Did you not hear the woman say that she's having a hell of problem with the tweezers. Mr. Grassie: Commissioner, I didn't ask for tanbark. You were the one who promised them, you know. Mr. Plumper.: No, I didn't promise it, I said, I want the kids out of the dirt. Concrete is out, asphalt is out, splinters are out, and that leaves us with one alternative . Mayor Ferre: Grass is in, right,Jessie? Mr. Plummer: Yes, but I know what kind of grass you want, that's why I went to turf. Mr. Mayor, you know,... Mayor Ferre: Let's bring it to a head. Mr. Plummer: The head is grass. I make a motion that the Administration put grass in the (3) three centers, not on a trial strip basis, ... try a new one, what the hell else is new? Mrs. Gordon: J. L. would you let... Ms. Ramirez:May I say something please? Mrs. Gordon: ... the lady speak please. Ms. Lynch: The grass was a problem. We pointed out the problems that exist now. Where do the problems come from? The problems came from not having it under the right administrative program. Mr. Plummer: Wait a minute, we want to know ... Ms. Lynch: You're making grass the issue. Mr. Plummer: We want to know is the problem grass or Grassie? Ms. Lynch: The problem is the program. And, you said it better than I could. Mr. Plummer: Well, what are you suggesting? Ms. Lynch: That you put it back in Parks and Recreation. Mr. Plummer: What, the grass? Ms. Lynch: If the grass will grass greener in Parks and Recreation. then Put it there. Mr. Plummer: Al Howard, has a black thumb, not a green thumb. have you seen this medium that he's done out here in the center? We spent $33,000,00 to chop up fire hoses to irrigate when we could put in a sprinkler system for $1,000... Mayor Ferre: What she's saying is that if you move it Parks and Recreation grass is not a problem anymore. Mr. Plummer: Why isn't it a problem? Ms, Lynch; Because they maintain it. 67 APR 271978 Mayor Ferre: Don't you understand... Mt. Plummer: ... a Magic forMula he's got to make it grow. Mayor Ferre: Don't you understand? Mr. Plummer: Yes, I understand. Mayor Ferre: Grass is not the issue. Ms.Ramirez: He knows. ... he said the quality for the children. lie agreed that children should learn and have quality. Mayor Ferre: Alright, look, this is all coming, if when;''gay llth,... what number it is? Mrs. Gordon: Go ahead, anne. Ms. Wilson: Pardon me, I didn't mean to speak today, but I have to. 1 was at a meeting yesterday at Mr. Parkins office. As I understand that the full report will not be ready by May llth. May llth there will be an internal report ready. The 15th of May, the staff evaluation will he ready and numhL three the program evaluation hasn't even started, so the full report of everybody will not be ready by May llth. Mayor Ferre: Well, when will it be ready? Ms. Wilson: I don't know. Mr. Grassie: Why don't we ask Mr. Parkins, since he's writing the report to tell you when it's going to be ready? Mr. Parkins: We'll have our report done by May Ilth. the liRD has said they would have their staff qualification report done- by mid -May which I think is the date she referring to. The report related to staffing, financial concerns. grants, physical condition, equipment, and so on will be in your hands before May llth. Mayor Ferre: Is there any reason why we can't then come, bring this whole matter to a conclusion?... Mr. Grassie: I don't think that there is any reason why you cannot bring it all to conclusion at that time Mr. Mayor, but it's not going to make the grass any better. (laughter) Mayor Ferre: Well., I think we crossed that bridge, didn't we, that grass is not the issue? We were all just kind of confused about it. Rev. Gibson: Mr. Mayor, there's something that I keep pondering that, 1 don't think we're dealing with. As I heard that report sometime ago, and as I know about another program, part of the problem is you cannot expect these teachers to be auditors and accountants. We need to set that on the table. Now, what you need to do is you need to find somebody or deputize somebody or hire some- body to handle that money who will see to it that when that money is suppose to be moving it will be moved and step this foolishness. Mayor Ferre: That makes sense. Rev. Gibson: Now, you know, this is asinine to get like this. Mayor Ferre: Father Gibson moves. Mrs. Gordon: Second. Mayor Ferre: Rose Gordon seconds, that proper accounting staff be ohtained, hired, or appointed to keep specific and separate books for that function. Is that the way I read it? Rev. Gipson; Yes, sir! Mayor Ferre: Anything else on that? You want to say something to it? Mr. Grassie; Are we going to provide a budget for it too? Mayor Ferre: You're just going to have to shift somebody laterally, I guess is what he's saying. Rev. Gibson: You see... I'm going to wait until I get my motion pas,ed then I'm going to say... Mayor Ferre: You got any problems with that? Ok. Rev: Gibson: There's no reason shy we should have any problem if you're going to count money. Let's call for the vote. Mayor Ferre: Ca11 the roll. Rev. Gibson: Alright. The following motion was introduced by Commissioner (Rev.) Gibson, who moved its adoption: MOTION NO. 78-265 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO RETAIN OR APPOINT PROPER ACCOUNTING STAFF TO MAINTAIN BOOKKEEPING RECORDS OF THE CITY OF MIAMI DAY CARE CENTERS. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: We'll deal with the grass issue and the department issue at the next meeting. Thank you very much for your patience,ladies and gentleman. We'll see you again next month. 26. (Continued Discussion:) ADDITIONAL FUNDING NEEDS IN CURRENT BUDGET AND CONSIDERATION OF OAST OF LIVING ADJUSTMENT TO RETIRED EMPLOYEES. Mayor Ferre: Now, at this time, Jessie:, you're going to be almost next, but we've had people here all day waiting on items, and the Retired people have been here all morning waiting on item #C. 133.!'re now on item #C, Mr. Manager. Mr. Grassie: Yes, sir. Mayor Ferre: Howard, you're back on ... what? No, we're on item i/C. We interrupted you this morning about 8 hours ago when you were saying something. Mr. Gary: In summary, what I was trying to convey to the City Commission is that any surplus funds that we find have to be taken in context of the overall needs of the city as it relates to budget problems. Now, this morning I presented to you the surpluses that existed in the severance pay account. In doing so, as a result of the resolution that you passed that placed certain conditions on the budget I suggested that the allocation of that $300,000 should be as follows: The four police officers that we had proposed to fund under C.E.T.A. which you directed us to find money for, which would total $37,000, four firefighters positions that were also proposed for funding under C.E.T.A. which totals $21,000, the 30 firefighters for the new recruit class, which would require $140,000, $54,000 for holiday pay for retained firefighters. Now that totals$252,323,00 leaving a balance of $47,677. Now, if you take my memorandum of March 7th, put it in the back of your head it's $47,677, it states there on the second page that we have a total need of $768,277.00. Now, if you remove from that, the $54,000 for holiday pay which would be taken out severance pay surplus and you also take out $140,000 for tn.e 30 recruit class then you've got a new need of $574,277.00 for all the other remaining items.What I've just done is just taken cut those things that would be funded under the severance pay account, Now, how much do we have remaining? We have remaining $47,677.00, as well as, and 2 must give you a correction on this balance in the Contingent Fund, it is no longer $169,000 PR 271978 It is approximately $68,000, So, we don't have as much money as we think. So... (BACKGROUND COMMENTS MAIZE OFF THE PUBLIC RECORD) Mrs, Gordon: Since this morning? Mr. Gary: No, as you recall, this memo was done March 7th, you passed a lot of resolutions allocating contingent funds. I can just run off some. Some calculators were stolen from the Building Department, which we had to fund. We had to provide money for the Consent Decree, personnel in Human Resources, shuttle transportation services for city and law... yes, Bicentennial Park, two tier government analysis report by Touche Ross, rewriting of the City Charter, increase in expenses for the Mayor's expense allowance, the Planning and Zoning Administrative Board salary increases which we just approved. Plus, we gave some money to the City Clerk for the Elections. So right now we have a balance of $68,000 in that account. Ok? Now, $68,000 along with the $47,000 gives you about $115,000 to meet your $574,000 requirement , which doesn't look too good. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mr. Gary: Ok, now, what I've done also, 1. have adjusted t}�e amount that would be needed for the Retirees, because the figure that was cumputed by the Finance Department was for a whole year, and we only have approximately half a year. So, we really need $356,000, approximately S357,000 to meet all these needs that we have. Mr. Plummer: Thanks for the problem, where is the solution? Mr. Gary: Well, all I can say is if you don't have the money yeti can't spend it. I would suggest to the City Manager, since he's my boss, that as I told you earlier we're doing a mid -year budget review where we are reviewing revenues as well as the expenditures for the departments for the first half of the year and sitting down with them to try to project their needs for the remaining half of the year and to compare those expenditures with the revenues to find out what types of surpluses we may have in those various departmental accounts, assuming that we will net nut all of overruns in the various departments. Now once that is done we may have a surplus, but I will caution you that you know, what we do this year would also effect, you know, what happens to us next year. Mr. Plummer: Now, let me tell you what my problem is,ok? Mr. Gary: Sure. Mr. Plummer: The top item on this list is ACTION. Ok? And this thing called distributing the general revenue sharing dollars the circus this Commission still stands on a commitment of that $30,000. Now, these people come to me today and explain to me that if that money is not forthcoming by the 5th of May, they're out of business. Now, what do I say to these people? What does this Commission, not me, this was a commitment of the Commission. Now, they went on that commitment on our word. Mr. Grassie: The only thing I can suggest Commissioner is that we provide for an emergency extension of that program for one month and attempt to get on your first June agenda the mid -year budget report that Mr. Gary is talking about. Mr. Plummer: That's fair, keep them in business. Because I'm going to tell you the 1st of June, the first meeting in June, I'm going to be right here reminding everybody of a commitment. You want that in the form of a motion? Mayor Ferre: Yes. Mr. Plummer: I make a motion that an emergency grant be awarded to ACTION for the continuation of one monthtfunding until such time as the report of Mr. Gary is forthcoming,,. Mr. Grassie: On the mid -year budget. Mr, Plummer; On the mid, -year budget, Rev. Gibson: I'll second that. !,0 APR 271978 Mayor Ferret Further discussion, Call the roll. The fo11o%414 !notion wasintroduced by Cotnfuissioner Plutamef', who thoved its adoption: MOTION NO. 78 466 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FUND AN EMERGENCY GRANT TO "ACCION" FOR THE CONTINUED OPERATION OP THE BUS SYSTEM IN THE LITTLE HAVANA AREA UNTIL SUCH TIME AS THE SEMI*ANiv'UAL BUDGET REVIEW REPORT IS SUBMITTED BY THE DEPARTMENT OP BUDGET AND MANAGEMENT. Upon being seconded by Commissioner(Rev.) Gibson, and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. Mr. Plummer: Now, let's go into the rest of it. Mr. Gary: Well, that's it in a nutshell. Mr. Plummer: Well, let me ask you Mr. Grassie: The other thing that City Commission on is verification you when we adopted the budget and and the recruit class and the four this. the motion was passed we would like an expression from the of the understanding that we had with that is that the firefighting positions officers are to come out of the $300,000. We need to get that verified with you... Mr. Plummer: That was our understanding. Mr. Grassie: ... that was the understanding that we had before. We are verifying with you. Mr. Plummer: ... from that instead of from C.E.T.A. simply Mr. Grassie: That's correct. We're talking about four police officers, four firefighters, a recruit class of 30 people, and holiday pay for the firefighters. Mr. Plummer: That was our commitment. Rev. Gibson: I have no problem with that. I want to voice my concern again, and again, and again. I'm terribly disturbed and worried that we didn't learn too much from Lindsey, who was testing the waters to become President of the United States of America. Lindsey said, you could tell what a people is like, what a nation of people is like-- if I learned nothing else from him I'm glad he ran, I'm sorry he, you know, he didn't serve --b ut Lindsey taught me this,that you could tell what a people is like based on how it takes care of its elderly. Mrs. Gordon: You're so right. Rev. Gibson: And you know,I've been saying this ever since I heard Lindsey say it, and nobody pays me any attention. You know the easiest thing to do to those people is to forget them because they can't leave the garbage on the street,.. because somebody, you know, isn't robbing where you need a policeman or somebody's house isn't on fire that you have to put out the fire. Now, I would hope that this Commission would become enlightened. l would hope that. Now, you can't get blood out of a turnip, I understand that too. But you know, what really worries me? When this Commission is really backed up to the wall it says go find the money, and you know, you eay, Mei Reese used to keep, quote Plummer, Mel Reese always had at the beginning of the year about two million dollars that was never disclosed, end of quotation. Well., it might he, I even ,Act as a Mei Reese in the church, Ok? I hope this Commission will not be mealy mouthed about it, but this Commission, you know, instead of every- body coming here,ssying you know, we want to do this and we want to do that and we want to do that, Wan, everybody breaks his or her neck and finds that 71 APR 271978 money. 1 would hope that wte Would be God -like enoughi and that's the first tithe I'Ve used that ecpression an this Cotthissiont that We Would he God . -like enough to turn this thing around and stop doing that I see us doing. It hurts my very heart and soul, because I believe if those very people were here burning down the building or said we were going to strike that an awful lot of us would take the position we ought find that Money. It may not be but two dollars, but two dollars is a devil of a lot more than having these people coming here every year with that hat in their hand. I know it may not do very much but I have the responsibility of registering my Concert. Mr. Mayot, I am troubled that every year I bring it up and not a single administration has done one doggone thing about -it. Let us become imaginative and daring enough. 00 Go speak. Mr. Young: My name is Captain Howard B. Young, Retired Miami Policeman. Gentlemen, it's been so long, I forgot my speech So let's forget anything I had written out here, let's just talk. All of you know me. All of you, except Mr. Grassie, this is first time I've even seen him. I don't know a thing in the world about him. All I'll ever know about him is by the fruits he produces. I hope he produces some good fruits for us. Mrs. Gordon, Father Gibson, Mayor Ferre, Commissioner Reboso, and Commissioner Plummer they have always shown that they were interested in retired employees. They have shown that they have blood in their vessels and not ice water. We have had some Commissioners in the past that had ice water in their vessels. They promised a lot and gave nothing. We struggled along and struggled along on hopes and nothing but hope,hope, until our hopes have just about faded out. Now, it's hard, but we old timers who nave put in 25, 30, I put in 37 years with the city. I went to work for the city at $125.00 a month. I retired in 1964, at a little over $400.00 a month. At that time I thought that was a big retirement, but now what is it, it's nothing. We are not on the poverty level now. We're on the starvation level. I have come down here time after time,dragging on the floor, begging that you would help us, but three times this Commission did help us, but now we haven't had any help in two years, three years. We're getting hungry. They keep telling us they have no money. Well, I know you re not God, but you can help God. In my book there's no such a thing as can't, that's not in my vocabulary'can't'. I know that with God all things are possible, but as I say you're not God, but you can help God and it can be done with God, all things are possible and it can be done. If you're a mind to and I believe that you kind people you have shown it before and I do not believe you're going to turn your backs on us again. I believe you're going to help us. That's my prayer that you will help us. They've got something in here about a 33 year, 20 year, and 15 year and 10 year plan, on amortizing this thing. Ok, let's take the next lowest figure, 15 years. Did you know at that time I'll be 92 years old, it won't do me any good. It wouldn't make any difference to me if you gave us $1.00 or $1,000, I'll be getting my bread from Heaven. I'll be eating the manna off of God's table. When I retired, as I said, it was on a little over $400 a month. Now, the raw recruits coming out of the police academy are getting more than twice as much as I made as a Captain, after 37 years on this board. We started off on $125.00. I worked 7 days a week and then we had to buy our uniforms. We had to buy our guns, and then they hadthe air meet here.They made the Police Department pay for it. They went broke they couldn't pay for it. We had to pay it on our little $125.00 a month. In addition to that, you see, they instead of giving us gradual raises... they come up and say, well we don't have any money. Alright, now supposing I died today, tomorrow my wife mould have to go to the children, is that right? Is that right? Is there a moral obligation by the City of Miami to help us? I appreciate what you can do. Ms. Brown: Mayor Ferre, Commissioners, Mr. Grassie, I'm Hazel Brown, Secretary -Treasurer of the Retired Employees Association. We know that all the figures that have been submitted to you reflect that there is no chance of the retired employees getting an increase. We also know that money has been allocated for projects that will probably never realize, so we're asking You Mr. Ferre to tell Mr. Grassie what you told Hz, Andrews about three years ago... Mayor Ferre; That's what I'm trying to tell him right now. Ms. Brown: ... find it, and Mr. Andrews found it, And I'm sure that Mr. Grassie s illif he digs deep enough. We would appreciate anything that you can do to help us, Thank you, (BACKGROUND CONMANTS 72 APR 271978 Mr, Jaretiko: Mt, Mayor, metthetsof the Commission, by haste is Ed Jaretnko, and I'd like to point out a few factors to you, Nuttiber one, is that we're on a 4 mill limit and at the present level of funding is 3,59 mills, We therefore, have 5 1/1OOthe of a mill left over, That's for this year, Next year, 79- the system actuary has recottitaended an increase of $510,000 =- which would exceed the 4 mill ltnit at this title, and 1 would like you to bear in mind that when you vote on these tatters that it is over a 35-year funding, and if you look at the table, the system at the present tithe is funding $901,000 annually for cost of living increases and $212,000 for the plan. We have not yet heard out froth the plan actuary, we have not yet heard from the plat actuary their recommendation for a contribution. So at this point in time'/ don't know you know, where this money would cote from without going into deficit spending. Mayor Ferre: Well, just so we can cut ... please... Mrs. Gordon: Excuse the, I didn't want to interrupt you. I just wanted to say something and I'll say it afterwards. Mayor Ferre: No, no, I just wanted to read into the record. Mrs. Gordon: The situation on the 4 mill cap is an actuality but it ,.. what you're addressing yourself to is the fact that we're going to exceed it by the actuaries recommendation for funding of a higher amount. Mr. Jaremko: Well, at the present evaluation of the property, in other words, if we get an increase in evaluation there may be a little more room to play with, but that alone, at this point in time, the recommendation from the actuary which is $510,000 more than this year) would exceed the 5 1/100ths that is left in the four mill cap. Mrs. Gordon: I know,that's why I'm saying what I'm saying, because I understand what you're saying and what you're referring to but I feel that we're in a very uncomfortable position, entirely, not only with the 4 mill cap, but with the 10 mill cap, we're really in a very, very uncomfortable position but I can't help but recognize the problem that the retirees have that they can't solve and it isn't a matter of getting increases in salary, they don't have any salaries, they live, survive , take care of their total needs,in all probability, on what they are receiving from the city. I wonder if someone has the information of how much money the insurance is costing the retirees. Tony, do you have that figure? Mr. Wilcox : Sure don't, not now, no. Mrs. Gordon: You know, for instance, yourself, or ... how much? Capt. Young: $102.00 a month. Mrs. Gordon: Per individual. Mr. Wilcox: That's what he's paying. I don't know what it's costing ... Mrs. Gordon: Well, you know, in order... I'm just going to throw out another alternative thatlyou know,the 4 mill cap is a situation we do have to recognize but it's always the bottomline that counts is what you have to spend for your food and shelter that counts. I'm trying to figure out if the City Commission could help the retirees by absorbing their insurance cost or in some way helping them in that direction. Mr. Wilcox: There is only 1,200 retirees that have the insurance. Mrs. Gordon; They all don't have it? Mr. Wilcox; They all don't have tnsurance. We've thought of that and we've brought it up, but about 900 don't have the insurance. Mrs. Gordon; 99 do not have it? Mr, Wilcox: There's 1200... Mrs, Gordon; They can't afford to have it i that it? Mr. Wilcox; That's right, It's costing way over $100.00 a month and that's a 7 lot of money when you're getting $2OQ,bn. A lot of people arepaying half what they get fbt inaiirante that's the teaaon we wnuid like to have this thing. Mrs. Cordon: Ok, Well, I just wanted to know, Capt. Young: I don't have that insurance and it was not available to me when I retired. Mrs. Gordon: I see, ao you don't have it. Capt. Young: I don't have anything for my wife wban I retired because it was not available to me when I retired. I couldn't get any. Mrs. Gordon: I see. I'm sorry, Captain, but I didn't know. I asked the question for information in order to try to arrive at some kind of a sensible solution that we can handle. Capt. Young: But I just want them to know that that won't help me one nickel. Ms. Brown: Could I interject something at this point? Mrs. Gordon: Alright, I'm glad you told me because I wouldn't know. Ms. Brown: Could I interject something at this point? 110 Mrs. Gordon: Go ahead, Hazel. Ms. Brown: I think what Mr. Jaremko, is not even thinking about the is fact that when he and the other people who are now working retire, they are going to be getting very fat pensions compared to what we are getting. And, I feel that if anybody that ever worked for the City deserves some help these people that worked years ago and I'd like to appeal to the whole Commission to do something for us. Mayor Ferre: Well, I can't help but express myself as I have in the past and philosophically Mr. Jaremko, I want you to know that I read your words very carefully, saw the motion that you made on the March 31st meeting, signed by Plummer,as Chairmantand by Irwin Mazin, as Secretary. I understand what you're saying and I understand what you're talking about fiscal responsibility and irresponsibility, but boy, I'll tell you, when I look at the figures here and when I see what some of these people are getting when I recognize that we've got people here retired that are making you know, under $500.00 a month. Mrs. Gordon: Some are under $300.00. Mayor Ferre: Some of them under $300.001people who worked years and years. Now, of course, it's the city's fault and it was the city's fault way back then ut I just feel a moral responsibility for as a Commissioner to do something for these poor people,and I mean poor literally. Now, I just don't know what the solution is. I know that we can't afford it. I know it's fiscally irresponsibleibut on the other hand I don't see how we cannot afford it. You know it's one of these dilemmas, where you're damned if you do and you are damned if you don't so you've just got to pick out which is the -one that you're damned the least in and I just feel a deep moral responsibility for my own peace of mind, that as Mayor and one of the people sitting up on this bench that at least,you know, I think I've got a moral responsibility. Mr. Jaremko: Mr. Mayor, I can appreciate that and I feel like I'm standing here against motherhood and apple pie, which that's not the cafe. I merely want to point out as my responsibility as a trustee and point out some factors to you that these people who go out on a fat pension today, they all look fat when they first go out, just as he had stated over there, Mayor Terre; I guarantee these people didn't look fat when they went out. Mr. Jaremko; Well, he even stated that at the time they go out they look good, they look like they'll hold you for a while, But the people that are going to go off 10 years from now are going to be in a dilemma' This funding is on a 35'year basis, so whatever,,, all these expenditures are not just for this year. They're for 35wyeare, 74 APR 271978# Mayor Ferre: 1 know, I know. Mr. Jaremko: And, I'ft in favor of a cost of living but I would likefas Cotttissionet Gibson said, rather than having employeescome with hat in hand to fund sole kind of a cost of living even if it has to come from the Mayor Ferre: Captain, I'll tell you, I'm notworried about people like Beta Demby$you know and some of the retirees that are... I'm not concerned about those guys. I'm worried about these people that are under $300.00 a month, Mr. Jaremko: Well, maybe a different formula might be in order to bring them up to a certain level, rather than go on a percentage. Mayor Ferre: Well, now we get into legal problems. Now, we, George, let Me ask you this, is there a way around that, could we, say that we do this for the people, say under $500.00 or for the first $500.00 and then write a letter and ask those guys that are doing a little bit better..? of course, they're not going to re- rennounce it. Mr. Wilcox: No, we may accept what our plan is, say on the first $600.00 and the city... he said it was legal, the only way you could do it otherwise is pay it on the first $600.00, $500.00, Mayor Ferre: Joe, are you saying that we may have to wait until the budget, next budget year to do this? We're going to do it one way or the other. I just don't know... the question is when and what? Mr. Grassie: I think two things probably, it seems to be the intent of the City Commission that the benefit go to those who need it most, and... Mayor Ferre: That's right. Rev. Gibson: ... the benefit goes to those who need it most. Mrs. Gordon: Of course. Mr. Grassie: I think, we haven't given the City Attorney a chance, but if we did,he would tell you that we've got some real problems in accomplishing what you and we would like to accomplish. Mayor Ferre: Well, what he... Mr. Grassie: ... possibly with a little more time some device can be found although... Mrs. Gordon: How about the approach that's on the second page of this report, which reads the first $300.00 of monthly benefit or the first $600.00 of monthly benefit and ... Mr. Grassie: ... Commissioner, it's not a question of finding a formula, it's a question of making it legally possible. I think what the City Attorney started to tell you was that if you adopt the policy of that type you've got to spread it on everybody equally. And, that's ... if you adopt a policy it's got to be the same for everybody and that's our problem because that's not really what you want to do. Now, ... Mrs. Gordon: Well, it's true that... I understand what you're saying about the legal ramifications, but also, I heard the suggestion that those who are receiving those high sums after retirement have a moral obligation too to be conscious of the fact that their fellow co-workers who retired earlier are in some cases not able to survive. Mayor Ferre: I want to see the guy who's going to turn that money back. (laughter) I want to meet him. Mrs. Gordon; .., yes, I think I could find a couple of people with a heart and I think there's quite a few people that if they knew the problem they would be willing to understand it and be willing to contribute back, if you will, that extra Money and if you think they won't I have more faith in human nature than you do, 75 APR 271978 Mayor Vette: Let Me ask you this+ could we do it on a tie basis, in other Words, those that retired five years ago or tote wouldn't that covet most of the people that ate t these low ranges, or Would that he illegal? Mt. Wilcox: No, that'd be easy. Mt. Grassier My impression, Mr. Mayor, is , no p,really We ought to ask George, is that any kind of a sliding scale of that type would not survive the test of legality. George, am I saying it right? Ms. Brown: Mayor Ferre, pardon me, the way we have asked for it to be handled would be for on a half a percentage for each year a person has been retired which will sort of exclude the people that have been retiring the last two years or so would be fixed pensions. Mayor Ferre: is that set for a year? Ms. Brown: No, half a percent for each year a person has been retired on the first $600.00, which in a way would exclude these people that have retired in the last two years on big pensions. Mayor Ferre: How about that one, will that work? Mr. Grassie: Again, my impression is that it is not difficult to find a formula, but that is not a formula which treats everybody equally. Ms. Brown: It includes everyone, even though it will be on a small... Mayor Ferre: See, half a percent for a year for those under $600.00. Mrs. Gordon: Yes, it treats everyone equally because they get paid from the time of their retirement... Mr. Plummer: Yes, but does nottreat all the retirees equal, Rose, see that's why Jaremko is here. My Board took a position that they had no basic objection to retirees getting more money but that whatever was applied in an increase to them must be applied across the board, that was what , you know, they're saying that the active people are entitled to the same consideration as the retirees. • Mr. Jaremko: The problem,Mrs. Gordon, is being compounded by the factor that each time a cost of living raise is granted the unfunded liability increases and it's out there for 35-years, so therefore, the present member1his likelihood of receiving any cost of livingtis diminished by the amount of unfunded liability out there now. Mr. Plummer: Well, let me tell you another thing that you better keep in mind and I'm sure George is well aware of. There's now a state law that says that you cannot grant a benefit without ... Mr. Grassie: funding them. Mr. Plummer: ... more than adequate proof of the funding. Mrs. Gordon: Except the state doesn't do it. Mr. Plummer: Well, hey, that's right, they've only got about three billion dollars liability. Mrs. Gordon: More than that now. Mr. Plummer: But, that's the law . Mrs. Gordon; Doesn't apply to them though, huh2 Mr. Plummer: 1 don't know. Hey, I'm no it g.cian. Mrs. Gordon; I'm going to move and hopefully that you'll consider this a reasonable approach. I would ask the Manager again to proceed with the implementation of the approach of the longer retirement formula as stated in the first paragraph on the second page and here again, you're going to say, where am 1 going to get it, we've instructed you on more than one occasion 77 APR 271978 Where such a Situation has arisen and you in alpine unexpended account, Mayor Ferre: Rev, Gibson: Mayor Ferre: Mr. Plummer: Mr. Grassie: you was first Mayor Ferre: Mr. Grassie; Mayor Ferre: give him much Mr. Grassie: Is there a second? Yes.... have been able to Father Gibson seconds. Further discussion. find the funds Well, now, let me understand... Mr, Mayor, you know, the basic point that we are making with that that motion is illegal... Now, 1 didn't know you were the City Attorney now. I asked you three times to ask him. Well, but I think we were talking so much that we didn't of a chance. The point... Why don't we? Mayor Ferre: The recommendation, the motion Mr. City Attorney, is that we follow page of the April 21 memorandum, page 1, which is the third page here, which basically states, as has been stated b.efore,one half a percent per year, ok, for those that are $600 and under. Now,that treats everybody the same, is that illegal? Mr. Knox: It treats everybody the same once it's applied, but the state law which requires that funding be done on an actuarily sound basis would number one, as Mr. Jaremko has pointed out, increase the unfunded liability because you have to provide a contingency for those who would retire in the future upon the same basis that you award benefits to those as they retire, you have to provide for it and fund that. Now, there... Mr. Jaremko: Excuse me, Mr. Knox, that's not actually right,.. Mrs. Gordon: That's not correct. Mr. Jaremko: ... the funding is amortized over a 35-year period but the members would not receive a benefit according to the way this is proposed right now. Mr. Knox: But, what I'm saying is once you have reached the stage of which this benefit was spring into existence,we have to have ... Mrs. Gordon: But, I read from the same page, in the last paragraph the actuaries recommendation that the amortization for this increase be over either a 17 or 15 year basis. Mayor Ferre: And, not 33. Mrs. Gordon: Right, so you're addressing yourself to what is our total unfunded liabilities, amortization period, but this is not what we're talking about here. This says special fund. Mr. Jaremko: As submitted,at'a $119,000 expenditure was based on 35-year amortization. The actuary recommended either 15 or 17 because he figured that was the life span of those members. Mrs. Gordon: Right, and the cost is here, it's listed on this sheet for either $300.00 monthly base at $171 or a $600 monthly base at $260. Mr. Grassie: I don't think that we're understanding each other. I think that we need to ask the City Attorney specifically whether it is legal to do this for people who are retired and not do it for people who are presently in the system and the board. Now, you know, we need to listen to the answer. Mayor Ferre; We're doing it for everybody. W. Grassie Well, then, if you're doing for everybody these figures don't apply. 77 APR 271978 Hayot Rette Well, wait a Minute, we're doing it for evetybody.... Mts. Gordon; Welly the actuaries gave us these figures Mr, Grassie.,, Mt, Flutter: Now, this only telate, Rose, to retitees,. Mt, Gtassie: This answers your question, but it is illegal to do it this way. Mrs, Gordont Well, did the actuaries give us an illegal opinion? Mr, Grassier No, they answered the question you asked. You asked a specific question, they gave you a specific answer. The answer applies to the people who ate already retired. Rev. Gibson: Well, can we, why don't we do this? Mr. Plummer: Father, we're kidding ourselves, ok? Look, I would like to take a motion, let's bring this thing to a head. ... Mrs. Gordon: We have a motion on the table,J.L. Mayor Ferre: But, it's illegal. Mr. Plummer: But, they're screaming that the motion's illegal. Mrs. Gordon: The motion is ... Mr. Plummer: Illegal as a sick bird. Look, let me make a motion, and see if this motion will pass. Mayor Ferre: Well, wait, wait.a minute, excuse me, J.L., as Chairman, then I'm going to rule that because the City Attorney has ruled that the motion that was made is illegal, that we just, we can't vote on it, so it's dead. Mrs. Gordon: Will you ask the Clerk, Mr. Mayor, to repeat the motion that the Attorney ruled illegal? Repeat what you have down as the motion, please sir? Mr. Ongie: To request the City Manager to proceed with the implementation based on the approach described on the memorandum of April 21st for the longer retirement, longer retired employees be granted a benefit of one- half percent per year for those under $600.00. Mrs. Gordon: For each year of their retirement. Mr. Ongie: Yes. Mrs. Gordon: Ok, now the City Attorney has ruled that that motion is illegal, or would the City Attorney prefer to research that, if the intent of this Commission is to pass that? Mr. Knox: Both Mrs. Gordon. Mrs. Gordon: Ok, then, Mr. Mayor, I would suggest we have a vote on it and then let the Attorney research it. Mayor Ferre: No, he says both. Mr. Knox: I said both. Mayor Ferre: He says it's illegal,but he'll research it, is that what that means? Mir. Plummer; I just want to make a simple motion. Mayor Ferre; So, if the City Attorney rules it as illegal, what do'you want me to do? We. Gordon: Well, I think the City Attorney, you know, and I not picking 78 APR 2 'i 1978. on you George, but you've Made a couple of mistakes before too, so.. Mt. Wilcox: I think he's wrong this tithe. Mrs, Gordon: So, I mesh I wanted to give you the benefit of doing some research before you made your statement. Mr. Plummer: George, is not always right, but he's never wrong. Mayor Ferre: Well, before we vote on something like that, due to the fact that you've already stated that,.. Mrs. Gordon: Providing it's legal, I'll add that on it. Mr. Knox: Mrs. Gordon, may I make a suggestion? Mrs. Gordon: Yes, Mayor Ferre: Yes. Mr. Knox: Alright, my suggestion is that the City Attorney be instructed to research a method whereby your objectives may be achieved. Mrs. Gordon: Alright, I'll pass... I'll move that. Mr. Plummer: My simple motion. Mrs. Gordon: I'll move that one then. Ok. Father Gibson, you second that? Mayor Ferre: Mrs. Gordon, Mrs. Gordon, previous motion is amended, the way to read that instead of, that this is the will of the Commission that we instruct the City Attorney to try to find a legal vehicle for this... Mrs. Gordon: To accomplish the intent. Mayor Ferre: To accomplish the intent. Mrs. Gordon: Ok. Mayor Ferre: Seconded by Father Gibson. It's the same motion that Mr. Plummer was about to make and let the record reflect that Plummer coming up with that solution if I had let him speak, but I didn't let speak on purpose and I stand guilty. Mrs. Gordon: You're not guilty of anything in this ... Mayor Ferre: ... as charged. In the meantime... Mrs. Gordon: was him in any case, Mr. Plummer had no pride of ownership, I don't think. Mayor Ferre: ... well, we all do, so, let's go ahead and vote on it now. Capt. Young: In the meantime, while we're waiting us a little money to eat on? Mayor Ferre: Captain, I know how you feel, and we sympathize really, believe me)this Commission sympathizes. Capt. Young: I know you do. Mrs. Gordon: We're going to try. Capt. Young; And, we appreciate it. You're fine people .... thank you. Mayor Ferrer Call the roll. 79 for it, how about advancing APR 271975 The following Motion WAS introduced by CotmissiOnet Gordon, who t►oved its adoption: MOTION NO. /8=267 A MOTION bI'CTING THE CtTY ATTORNEY TO RESEARCH THE PROPER LEGAL PROCEDURE TO IMPLEMENT A COST OF LIVING ADJUSTMENT TO RETIRED EMPLOYEES. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plumber, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Terre NOES: None. 27. DISC.USSYCw AND DEFERRAL OF: CT CURRENT LEASEAGREEMENTS CONSIDERATION T1OF GRANTING b MIAMI EXTENSIONS & MIAMI OUTBOARD CLUB. Mayor Ferre: Jessie, you're on and Jim, you're on. You're both here on the same item, aren't you, item 39? Mr. Mc Creary: Yes. My name is Jessie Mc Creary, I am here in the capacity as a property owner in the City of Miami and not in the role of lawyer represent- ing a client. I am here to one, maybe oppose item 39. Secondly, maybe I'm here to be sure that this Commission understands the implications of the proposed lease. Mrs. Gordon's remark earlier was that she lives with faith and she has faith in everybody. I certainly do not share that Mrs. Gordon. Commissioner Gibson said earlier, you can tell a people by the way they treat their elderly. Well, you can also tell a municipality by the way it goes about leasing the public's land. Mr. Jaremko talked about today, that people thought he might have been talking against motherhood and apple pie. Well, I am talking about motherhood and apple pie. The Manager talked about earlier today that we need money. Now the issue. The proposed lease with Watson. I mean, on Watson Island which is going to extend to the Miami Yacht Clubi that property for one year does not contain in it any language which would insure that that organization would not discriminate in its services, its membership on the account of race, religion, sex, or creed. Now, I am sure that there are those who are going to say we have never discriminated, well that's not enough. There are some of you who are on this Commission who recognize that very recently I served on Florida's Constitutional Revision Commission and kept in close touch with the Manager about ideas and things that I thought had affected the City of Miami in particular. And I was not asked to do that but I did it because of my love for Miami and to see that Miami had somebody there representing its interest. On a matter of lease hold interest which was a very heated debated item, hotly debated item, I made sure by an amendmentto Florida's Constitution that no municipality or any governmental agency in Florida would lease to any private enterprise, be it profit or non-profit, the public's land if that organization would not come forward and say in writing that they would not discriminate in terms of race, creed, color, in terms of its services and its membership. I suggest to this Commission that we ought to add that language coupled with the proviso that we ought to have the right, this Commission ought to have the right to rescind that lease or terminate it at any point that it is proven, not a mere allegation, any point that it is proven that an organization using the public's land at a nominal fee, almost no fee at all, that we must guarantee that that organization,however it is,does not discriminate in any way. Now, this maybe is not very meaningful to a number of people but it becomes more meaningful when we think about the Holocaust that we saw, when we think about that that land belongs to the public and we are giving people a right to use the public's land and I just want to be sure that this Commission is committed to that proposition and before anybody gets it wrong it's not a civil rights fight,it's just a basic thing we've got to do andconstitutionajly if the City Commission does not put this provision in I assure you that if Florida's new constitution passes I will be the first person to attack it. Mayor Ferre; Jessie, I think you're going to have to wait that long. I don't 80 APR 27 1978 think it's a tether oft thin Comma sigh that Would disagree with that atatetaefit ► se 4,4 Mr, Mc Creary: Alright. Mayor Fetre: ,,, let's move along, and let be say Mrs, Range is here and she may remember that when this issue came up you and I were on the Commission, and you insisted going out there to look.,. you brought up this very same subject and that's exactly why we put some of the provisions that we did in there. Now, what you're talking about is missing and I think that would be a welcome addition and I certainly would only vote on it with that addition. Jim, you want to add something now? Mr. Burke: Yes,while I woul9 support what Mr, Mc Creary is saying I'll also go one step further, Mayor Ferre: You better give your name for the record and address and all that. Mr. Burke: James Burke, and what I would like to see in the lease is a provision which would require the Miami Yacht Board Club, Miami Yacht Club to affirmatively open their program to their membership,to all segments of Miami, and by that, that's going further than saying we will not discriminate. That's saying you will go out where people are. I have a letter that was sent to Mr. Bob Simms in response to a letter that he sent to the Mayor of Miami, in which the Miami Yacht Club wrote that it regularly advertised its open membership. I've been reading the Miami Times for many years and I've never seen the Miami Yacht Club there and if you want to get Blacks who are interested, you don't do it in the Miami Times or the Miami Review, so all we're asking is that they affirmatively open up its program to membership. I think with that proviso we would know that this is prime land and this is prime land not just in the City of Miami or Dade County, it's probably the most prime land in the whole State of Florida, so were giving it to somebody for $1.00 a year, they ought to make sure that not only are its children using this program or the children of neighbors but that it has affirmatively gone out. I know Mr. Otis Pitts is here from Tacolcy Center in Miami and those are the type areas where the program ought to go out and ask about Yachting Clubs, so we would ask that there be some affirmative provision in the lease with the Miami Yacht Club and the Outboard's Club, items 39 and 40. Thank you. Mayor Ferre: Ok, let me see if there are any members of the Miami Yacht Club who wish to address the Commission on the subject... Unidentified Speaker: Mr. Mayor, the Commodore is here and the Vice Commodore representing the Miami Yacht Club. Mayor Ferre: Alright, Commodore, why don't you tell us your story. Mr. Guirola: Yes. My name is Ernesto Guirola,3103 N.W. 20th Street, Miami. And, the response to what I have just heard somehow I believe that some of the people that addressed the Commission.... Mrs. Gordon: We can't hear you at all. Mr. Guirola: ... somehow some of the people that have addressed the Commission are misinformed as far as the Miami Yacht Club is concerned. I have been a member of Miami Yacht Club for a certain amount of years and I'm certainly of...as you can notice Latin background. We have members of all ethnic backgrounds in the club. Mayor Ferre: Are there Blacks? Mr. Guirola: I do believe there were Blacks, actually, we don't go by ethnic background, color or creed.., Mrs. Gordon; Are there any Blacks? Mr, Guirola;,,, by interest in sailing and I came to the Miami Yacht Club as a aai.lor and I was accepted as such, All I can say is that we have so farcou 1i.ed with the city ordinance as far as advertiai.ng for membership tthout a sponsorship, 81 APR ri1978 Mayor Fette: Well, Conodote, let me ask you this question, you see, Father Gibsoh has a wonderful saying bete Which takes an awful lot of sense, he Says if you want to get black attorneys you don't go to Harvard aftd Yale to look. for them, you've got to go to Howard University, see...? Now, if you want Black tethers and it's just a question, not of whether or hot you're complying with the law, but whether or not you really, whether you feel it, you see? Mr.Guirola: Yes, ... Mayor Ferre: Now, if you really, it may be a futile jesture, maybe the Black people in the Miami cotnmunity don't like sailboats. I don't know. You know, I don't... Mr. Guirola: I don't know either. Mayor Ferret ... but if you advertise in the Miami Times, I think it would be, you could at least say, look, we advertised in Miami Times and we don't have Black members and what can I tell you you'd know? Mr. Guirola: I'm not too familiar with which media we should advertise on. I know.. Mayor Ferre: Well, that's the Black newspaper. Mr. Guirola: ... we advertise in two daily newspapers. I am not too familiar Mayor Ferre: If you want to advertise for Latins, you would go to the Diario Las Americas, or you'd go to the... Unidentified Speaker: To the Herald. Mayor Ferre: ... or El Herald, or you would go to WQBA, you know, so... you know, that's all. Mr. Plummer: Commodore, very simply, you've heard the recommendation, this Commission stands behind that recommendation. Now either you agree to that recommendation in the lease or we're going to go back to battling. Mr. Guirola: I do fully agree with it... Mr. Plummer: Fine. Mr. Guirola: ..we shall use any method and all methods that's necessary... lik Mr. Plummer: Let's move on. Father Gibson: Mr. Mayor, I want two things. Jessie, in your anxiety you did not include ethnic background. I want to make sure that that is part of the wording. You see, let's make sure that we aren't going to exclude anybody and then secondly, I don't want an understanding. Mr. Grassie, and Mr. Knox, since you all represent us in our absence I want to make sure that the word 'ethnic background is included', and I want to make sure that that's not an understanding, but those words are written in the lease and so they know that if today or tomorrow we find to the contrary that we're going to lift that lease, you see, one thing I learned that that will keep everybody honest and make everybody right. Now, let me tell you this Commodore, I love you all and like you, you know, ok. I'm always there, but look, I want to tell all of you something, you know I've seen this thing a long time now. I've lived it 63 years Monday, past, 63 years Monday past, and I know the tricks of the trade, ok? I want precisely those words as they sign the contract, and then I don't have no coming back. Somebody wade the motion? Mayor Ferre: No. Rev. Gibson; I offer that as a motion, Mayor Ferre: Is there a second? There's a second. Alright, go ahead, Mars. Gordon; I'm sorry, Mr, Mayor, I ,just... S2 APR 271979 Mr. Pitts: ... Mr. Mayor, iffy naive is Otis Pitts and I'n Director of Belafonte Tacolcy and you stated earlier that maybe Black Youngsters or Blacks are not interested in being involved in their yacht or sailing classes. Mayor Ferre: You want to apply for membership? Mr. Pitts: I don't want to apply for membership, but I want to make some youngsters, black youngsters available to them if they don't have any involved in that, I'd like togas the Director of Tacolcy, I'd like to be involved with them to get some Black youngsters involved in your yachting class. Mr. Guirola: Our sailing program, ramp program for the children are open, not only to members but no members ... Mayor Ferre: You got an invitation. Mr. Guirola: So, you do have an invitation. Mr. Pitts: I appreciate that. Mrs. Gordon: I need to ask a very important question Mr. Mayor, that I don't recall being in the previous lease, that is the one with regard to the improvement when the, or if the lease is cancelled. In the originally lease, as I understand it, the improvements were to the remainder for the city, for the dollar a year that was paid over that period of time. Now, in this lease on page 6, I believe that it changes that intent. Mayor Ferre: Will somebody answer that? Mrs. Gordon: I believe this ought to be deferred until we've had time to study this lease more thoroughly and ... Mayor Ferre: There's a motion that item 39 be deferred so that it be properly worded including what Jessie Mc Creary has added, ... and it's an inclusion of that Jessie, what you just stated and your statement, in the meantime that would give the Commodore an opportunity to get together with the leadership of Tacolcy Center and see if we can move that along a little bit and perhaps maybe we'll be in better shape to move next time. Mr. Mc Creary: One last remark Mr. Mayor, I want to support what Commissioner Gordon has said, ordinarily where there is a lease and there are improvements to that lease... . Mayor Ferre: It's always been that way in this particular lease, ... Mr. Mc Creary: Yes, ... Mayor Ferre: ... Mrs. Range and I, remember that one, we voted it that way, see. Mr. Mc Creary: ... and once that lease is terminated those improvements go back to the leasor ... Mayor Ferre: That's right. Mr. Mc Creary:..end, I don't want to see the City of Miami lose that money. Mayor Ferre: That's the way it was, Mr.Guirola: That is correct and also what we're asking for is just an extension of the existing lease. Mayor Ferre: One year, Mr.Guirola: Right, Rev. Gibson; Rut. Mr. Mayor, listen Mrs. Gordon said, the lease she now has does not have that ..., Mayor Ferre: Yes, but you see.., APR 271978. kev. Cib.s.on; ..4 have your benefits accruing to the city, Mayor Perte: Xeat but you glee the point is this that Ceotge knox has ,not had time to review it how and that's wily were putting it all off until knox reviews this and previous leases and we'll discuss it next time; Mrs. Gordon: Right, because you know, 1 mean, this is.,. ok, t won't say anymore. I'll simply day that we'll be prepared with.fuli knowledge of what's in the neat set of leases that comes before us. Mayor Ferre: George, ok, we got a motion and a second. Further dis.cus.sion. Ca11 the roil of the ... THEREUPON the foregoing motion to defer this item was introduced by Commissioner Gordon, and seconded by Commissioner (Rev.) Gibson was passed and adopted by and unanimous vote of the Commission. Mayor 'erre: Yes, Charles. Unidentified Speaker: Could that include item 40, which is the Outboard Club ... ? Mayor Ferre: Yes, yes, both of them are the same. It's the same thing. 28. CITY OF MIAMI BANK= SERVICES* (a) ACCEPT BID FROM PAN AMERICAN BANK; and (b) AMOR= DEPOSIT IN CAPITAL BANK. Mayor Ferre: Now, Mrs. Range, with our apologies, what we can answer to you? Mrs. Range: Mr. Mayor, members of the Commission. Mayor Ferre: Mrs. Range. Mrs. Range: My name for the record,Mrs. Athalie Range, I reside at 5727 N.W. 17th Avenue in the City of Miami. Thank you for allowing me to come at this time. I have come in reference to an item on the agenda today as it pertains to the city's monies being awarded for the coming year. Mayor Ferre: Mrs. Range, Mr. Gunderson, perhaps we better get you up here because this pertains to you. Mrs. Range: Yes. Some 10 years ago, the City of Miami passed an ordinance whereby 10 banks in order that none of our banks be excluded from benefiting from the city's funds, it was voted some ten years ago that for a carrier of ten years ensuing a bank would be selected and of course, all ten banks were selected at that time to hold the city's funds for a period of one year. It came to my attention some few weeks ago that this ordinance is now in its ninth year and somehow an ordinance was presented to the City Commission, which in all probability rescinded the original ordinance and rather than going through the ten years of giving the monies to a bank for a year the new ordinance simply said that the monies would be put out for bid. My interest in this is that I live in a section of the City of Miami where we do have a minority bank which has served the community well. This bank was the last of the ten banks to receive the monies and to receive the benefits from it. The ordinance recently passed by the Commission simply excluded this bank from receiving the funds and today you have an item whereby you are awarding the money to another bank. I have come to say to you.Commissioners and staff.that we feel that the only proper and right thing to do would be to rescind your most recent ordinance and allow the ten year ordinance to be carried out to its fullest extent by awarding these funds to the Capital Bank of the City of Miami which was to have been the lOth bank, Let me say to you lady and gentlemen of the Commission, the Capital Bank as I said to you a few moments ago, is in the Model Cities area, it serves our people well, 1 don't believe I have to bring up the painful truth that the Model Cities area is seriously rod lined and it we did not have a hank in our area that could serve our needs many of us who have benefited from the services of Capital Bank would probably be out of business today. Ilinplore you that you would rescind this ordinance for at least another year, go back to the original ordinance, pass the funds on to Capital Bank to be used in the same 84 APR 27197a 1 Manner. Were. net asking any tote or any less than the other hanks have been expected to do and the henefits they have accrued froth it. This is our plea to you today and i.taouid ask.i,t it is possible that this ordinance be rescinded and that we receive the money as was in the orginial plan. Thank you, very much. Mr. Gunderson: Members of the Coirttnission, the facts as recited are basically true. It was the text bank to be rotated on the original ordinance, the Capital Bank was to receive the banking services from the city. The bank, we have talked to the bank in regards to that problem we outlined to them the fact that they were a minority bank and that we could make arrangements with them to accommodate the fact that they would be omitted from the rotation. We even put that in our bid specifications when we sent it to the 22 banks. We sent a bid out to 22 banks that are located in the city. One of the requirements of both the original ordinance and the new ordinance is that it must be a state or federally chartered bank located in the City of Miami. Now, the bank, the Capital Bank was located, was located in the City of Miami. It is a branch bank that is now located in the City of Miami and the main bank is located in the North Miami. The gentleman from the Capital Bank told us this. We said, however, even in spite of that since they had a substantive presence for a long period of time that we thought that we could recognize them even if they didn't want to bid, they didn't bid, but we said we would provide them with $250,000 in and over and above and we recited that in the bid specifications that we would deposit that in their bank to compensate them for this loss. Rev. Gibson: But, let me ask this, I'm not a lawyer. Again, Plummer, I went to school for one day, law school for one day. If you had 10 people in a deed, 9 had received their due, certainly when you pass a law, the law will not exclude, the law will be passed in recognition that there is another person or another bank, another institution, and if the law will become operative after, now what you're doing is an accommodation. If you made the agreement, not you, the City made the agreement 10 years ago. Now, I think I know why they did that. I would be the first to acknowledge, while I don't bank with them= I bank with Coconut Grove, because it's near) I understand the problem and I would think that we ought to forthwith, carry out our commit- ment, that is a commitment. Whether you write it or whether you voice it and George will tell you this, based on law the way you've been performing I always remember that coal case. The Coal Company was selling an outfit coal, and all of a sudden, what happened is that they purposely didn't order, the people who were buying purposely didn't order, because they could get a better price, and never notified the people,they said no, you know, I don't want no more coal from you. And, the history of the case is, no, no, you didn't notify them them by your performance in the past, that's what I have to go on, and I want us to carry out the performance. Mayor Ferre: How many years do they have left on that? Rev. Gibson: One. Mr. Gunderson: One more year. The interesting thing about the discrimination in that context is that there are now 22 banks and the ordinance as previously written says that they will start from the beginning and rotate again. What do you do in regards to the 13 banks that are now in the City? Rev. Gibson: Sir, didn't I hear you say that there were 10 banks originally in the rotating process? Mr. Gunderson: Nine(9), uh huh. There were nine (9) in the original rotating process and it says in that ordinance,that the rotation upon the completion of the first cycle will begin from the first bank again. Mayor Ferre: Yes, but wait a moment.,. Mrs, Gordon; That's dif f e-rent though... Mr. Gunderson: Where do you do atop? Mayor Ferre; ...Wait a afoMent, Wait, Watt'', we're not talking about the second cycle. Mt, Gunderson; No, no, sir. 85 Rev. Gibson: We'te going to cut that off. We'te going to catty out the first cycle. Mayor ferret What we're talking is the completion of the commitment made in the beginning and there's only one bankleft to go.., Mrs. Range: That's right, one bank, Mayor Ferre: .., and what Father Gibson is saying,and I'm sorry that this was not brought up to out attention before is, that we got one bank left to go, let's complete this cycle and then we'll go to the new system. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD), Mayor Ferre: ...Now, I only have one, excuse me, I only have one condition. I would only have one condition and that is that they've got to do as well as we're doing it, otherwise, because we're certainly not going to pay them a premium. Mr. Gunderson: Well, we're not doing well with the present bank,sir. Mayor Ferre: Well... Mr. Gunderson: Because we get banks that are rated down to 35th ranking in the state and lower. We find that we have a very difficult time. I, personallyyhad to call the present bank's Vice President in order to get reconciliations for the month of February and that was two days ago, that's how bad it is. Mayor Ferre: What bank? Mr. Gunderson : Central Bank. Mrs. Range: But, Mr. Mayor, I think that we should not be judged by the performance of Central Bank. Rev. Gibson: Central Bank... Mrs. Range: I think we should not be judged. I think that this is an ordinance that was passed and it ought to be honored. This is the last of the banks,and why can we feel other than being discriminated against when it comes to this point and this is done? Mayor Ferre: Mr. Gunderson, I would say that, it certainly... I would certainly go along with what Mrs. Range is saying on the proviso that we cancel 30 days notice, if they start getting two months behind in balancing and what have you... Mr. Gunderson: Under the ordinance, let me add one thing. Under the ordinance they're permitted to have a $690,000 compensating balance, that means for the services that the bank renders we leave with them $690,000 from which they make their money. Now, there would be no reason why we couldn't take the $690,000 and put it in their bank if that's what they need and leave it there. Mrs. Range: Mr. Mayor, why can't we... Rev. Gibson: Well, does that do for them, wait, wait, ... Mayor Ferre: That would be the best thing in the world, if you could have the benefit of the deposit and not have the obligation of all this... Mrs. Range; We have our Executive Vice President, one of our Executive Vice Presidents here who may answer that question if he so desires. Mayor Ferre: That's not a bad deal. If you can get the benefits of it, get the deposits and not have the responsibility. Mr. Portnnr: If we can accomplish the end result of the intent of the commitment 10 years ago, I think we would be satisfied with that. Mayor Ferre; Yes, you'd be crazy to turn that deal now,., Mr. Portnoy; Yes, exactly, I quite agree, I'PR 719 Mr. Grassie: Mr. Mayor, I'm a little confused) because about two months ago, I talked with, I believe the Chairman of the Board of your bank... Mayor Ferret What's your naive for the record? Mr. Portnoy: Simon Portnoy,Executive Vice President, Capital Bank. Mr. Gunderson: I think you talked to Mr. Boltz... I believe you spoke to sir. Holtz. Mr. Portnoy: I believe you talked to Mr. Holtz. Mr. Grassie: I believe I talked with Mr. Holtz, who called me as vout Chief Executive Officer, he planted the question to me, I thought that he had a good point. At that time we agreed that although, the ordinance for the City had been adopted and would remain in force that we would do for Capital tank what the City had done for every other bank in the rotation, and that was to give Capital Bank the same average balance deposit for this coming year that all the other banks had had, and you know, I agreed to that a month and a half ago. Now, I don't understand what the problem is. Mr. Portnoy: Well, I'm not aware of the specifics of the conversations you had with Mr. Holtz, but if that was the nature of it I think he'd be in full agreement of it. Mr. Grassie: He was. Mr. Portnoy: Then, if we could implement that, I think that it'll be to everyones satisfaction. Mayor Ferre: Then, what are you doing here wasting this Commission's time and... Mr. Portnoy: Yes, I quite agree, Mr. Mayor. Mayor Ferre: You should have talked to your own boss. Mrs. Gordon: Well, no, there's a difference between what Mr. Gunderson said a few minutes ago, he said, $250,000. Now, he's saying $690,000 and that's not the same number. Mr. Grassie: No, no, those are two different things, Commissioner, please. The $250,000 is in the present ordinance and it applies to every bank. Mrs. Range: I think Mr. Mayor... Mr. Grassie: Excuse me.... Mrs. Range: I'm sorry, go right ahead. Mr. Grassie: The agreement that I had with the Capital Bank was simply to do for them what the City had done for everybody else and we've already agreed to that as they say) a month and a half ago. Mrs. Gordon: Well, then, it's the communication because Jim Gunderson didn't say that. Mr. Grassie: But he's talking.about the present ordinance, Commissioner. Mrs. Range: Wait, no, we're not talking about the same thing. I beg to differ with you. What we are talking about, the other banks, ladies and gentlemen, have had the benefit of $690,000.00. Now, we are saying that we are going to get the benefit of $250,000.00, there's a little difference there in my book. Mr. Grassie: Mrs. Range, you misunderstand. You're going to get both, Every bank gets $250,000 what we've agreed to is because of the special circumstances of Capital Bank, because of what's happened in the rotation which was not intentional! I have already agreed with your Chairman that you're going to get the deposit.., Mayor Ferre; If that's the case.., Mr, Grassie,,, that any other bank would have gotten, Mayor Ferre; ,,, if 1 were you, .,,, 87 APR 27197$' • Anuniummen. Mrs4 Range: You're going to get the $250,000 And the $690,000/ Mayor tette: doodbye, Mts, Range. Mt. Grassier We've already agreed to that. Mts. Range: No, I don't want to be, you know, somebody said, yoete here wasting the COftitiSSion'a time. The only reason tiM here is because it Was brought to my attention by the bank and I'd like to have it clear.. You know, I have a thick brain and / don't knou. too much about Money.. I want to have it cleated. Mayor Ferre: I don't agree with either of those statements. You got a very clear brain and you understand money real well, and you understand that 250 and 690 add up pretty good. Mrs. Range: Good, if that"it, then we're happy. Rev. Gibson: No, no, no.... Mayor Ferre: / didn't understand right? Rev. Gibson: Look, I have some mixed emotions about that. I think that we ought to complete that year. We ought to complete that year, and then the ordinance that you have put every bank on notice, that beginning in 1979- this is what's going to happen. No, man, no... 88 APR 271978 Mayor Petra: Let`s go over this to we understand this what we are doing here, Capital Rank is going to get the benefit of a $690,000 deposit. 1h addition they ate going to get $250000 in deposits without having the corresponding burden which- rather, 1 want you to listeh to this- is an expense of doing what these other banks have to do. Now, if you want to have the burden of tarrying the checking accounts and all that kind of stuff which is going to east you money for that privilege, boy I'll tell you if you want to do that, you know, it's like the saying says "if it weren't for the honor of it a11, I would rather skip it". Rev. Gibson: 1 would buy what you are saying providing you change the words. Mayor Ferret What is the Words? Rev, Gibson: ... not deposit, but balance. Mayor Ferre: Alright, balance. Rev. Gibson: You see, there is a difference between deposit and balance, man. Mr. Gunderson: Let me clarify one thing so... Rev. Gibson: Let's say that the remaining amount of money in the bank will always be $600 and what? Mr. Gunderson: $690,000. Rev. Gibson: Now, if you put that word, you will have no problem with Theodore. We think that the balance to remain in the bank for one year, for 365 days or 360... is it 365 days have? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Rev. Gibson: ... ok, be $600 and what is that? Ms. Range: $690. Rev. Gibson: ... be six hundred ninety odd thousand dollars. I'll buy that. Mr. Portnoy: I would ask one point of clarification please, that the $690,000 be in a checking account? Mr. Gunderson: Yes, right. It's a demand deposit for one year. Let me clarify one thing though. Mayor Ferre: You better leave. Mr. Gunderson: ... over and above we made a commitment so the... we put this commitment in the literature that I gave you orginally back in November 18th. In that commitment we said we would honor for every minority a bank, give them $250,000, but that was on a certificate of deposit. Ok, the highest savings account, this is $690,000 that we have agreed to give them over and above that which is on demand basis and no service connections. Ms. Range: We thank you, very much. That's very fine. Mrs. Gordon: Well, Jim, I wonder why you didn't say that to me before. Mr. Plummer: You didn't ask him. Mrs. Gordon: Oh, yes I did. Mayor Ferre: Well, I'll tell you I want you to leave because I want to say something now because this is fine for this year, but I want to go on record saying no more, Ok. Mr. Grassie: That's basically what the ordinance says is no more, The reason we agreed to this was because of the apparent in equity. Mayor Yerre: No more. $r, Grassie; Now, this is not intentional, we have already agreed to that, Mayor Ferre; Now, this is the last one, but we don't want no money unless it's APR 2719% The falio.it►g tesolutioh was ihttegluted by COMMiabibbet Piu et, Who moved its addptiot► RESOLUTION No. 78469 A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR 'CIRNISHING HEAVY EQUIPMENT FOR THE btPAR'TMtNT OF BUILDING AND VEHICLE MAINTENANCE; BID OF INTERNATIONAL HARVESTER COMPANY POR ENT'=NINE CAB AND CHASSIS AT A COST OF $525,90/.00; BID OP H.R. MASON EQUIPMENT POP FIPTEEN REFUSE BODIES AND ONE MAINTAINER AT A COST OP $214,783.00; BID OF GMC TRUCK AND COACH DIVISION POR ONE CAB AND CHASSIS AND SCHOOL BUS FOR A COST OP $40,880.00; BID OP CALLAHAN MOTOR CO., INC FOR THIRTEEN BUMP BODIES FOR A COST OV $47,690.00; BID OF CASE POWER AM EQUIPMENT FOR ONE LOADER BACIHOE AT A COST OF $18,759.00; BID OF FLORIDA GEORGIA TRACTOR COMPANY FOR ONE VIBRATING ASPHALT COMPACTOR FOR A COST OF $33,290.00; BID OF BLANCHARD MACHINERY, INC. FOR ONE SUMP PUMP AND ONE AIR COMPRESSOR FOR A COST OF $7,679.00; BID OF DE BRA TURF AND INDUSTRIAL EQUIPMENT CO. FOR TWO TRACTOR MOWERS AT A COST OF $30,300.00; AT A TOTAL COST OF $919,188.00 ALLOCATING FUNDS FROM THE GARAGE REPLACEMENT RESERVE FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None. ABSENT: Rev. Gibson and Mr. Reboso Mayor Ferre: Alright, sir, you are next. Mr. Plummer: Who is next? Mrs. Gordon: What is it? Mayor Ferre: 44 thru 47. di ' Mr. Plummer: No, that's going to be controversial. Mrs. Gordon: Oh, yes. Mayor Ferre: I think you want a full Commission for that, Mr. Cole. Mr. Plummer: Well, Father Gibson, in particular wants some statements on that. Mayor Ferre: Alright, now is there anybody else that's on any item? Yes, sir? (BACKGROUND COMMENT OFF TIE PUBLIC RECORD) 30. AUTHORIZE CITY MANAGER TO - "LITTLE HAVANA T VE[ Ti' AUTHORITY" - EXECUTE AGREEMENT WITH: - EC ZOUC DEVELOPMENT PROGRAM - (3RD YR. COMMUNITY DEFT FUNDS). Mayor Ferre: 43, the City Manager enter into an agreement with Little Havana Development to carry out activities on behalf of economic development, I don't think that's a controversial thing, Mr. Plummer: Move it. Mra. Gordon: Second. Mayor Ferre: Aright, Plummer moves, Gordon seconds iteu 43, further discussion, call the roll. 92 APR 2? 197 The following resolution was introduced by Cottmissionet Flutter, who moved its adoption: RESOLUTION NO► 78470 A RESOLUTION AUT1ORIEING T`RE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BET41EN THE CITY AND THE LITTLE HAVANA DEVELOPMENT AUTtOR/T'Y TO CARRY OUT ACTIVITIES FOR AND IN BEHALF OP THE ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS ALLOCATED THEREFOR FROM 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $13,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None. ASSENT: Rev. Gibson and Mr. Reboso 31. ADOPT AM5NDED BY-LAWS OF: "MIAMI COMMISSION ON THE STATUS OF WET." Mayor Ferre: Anything else? 27. Alright, 27, the Status of Women. Rose, do you want to move that? Mrs. Gordon: I'll move it. Mr. Plummer: Second it. Mayor Ferre: Mrs. Gordon moves item 27, second by Plummer, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-271 A RESOLUTION ADOPTING AMENDED BY-LAWS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES; Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None ABSENT: Rev. Gibson and Mr. Reboso 32, AI .=CATE $2, 500. 00 TO COVER SHORTAGE IN THE "INIIERNATIONAL KI[K FESTIVAL," Mrs, Gordon; Maurice, do you have a copy of this letter? Mayor Ferre; Whet? 29, Mr, Plummer; Mo, ho you've go a little waft, Mayor Ferre; 4uthorieing the acquisition of property for Latins River. 93 Mts. Gordon: Vat that we better have a full Cotmission. Mayor Ferre: We got to have a full CotMiStion on that. Mrs. Gordon: Maurice, lets do this one. You got a letter.., Mayor Ferre: Alright, Matty Freedman needs another $2,5O0 Mrs. Gordon: Ok, I'll move it. Mayor Ferret Rose Gordon moues. Mr. Plummer: t second. Mayor Ferre: Plummer seconds, further discussion? Mr. Grassie, we are spending another $2,500 on the fait. Mrs. Gordon: On the International Folks Festival, there is a shortage. Mayor Ferre: Just for the record put your complaint in just so that it will be in the record and then we'll vote on it. Mr. Grassie: Commissioner? Mr. Plummer: Quit stuttering Mr. Grassie. Mr. Grassie: ... you've got a half million dollar problem, you know, if you want to spend $2,500 go ahead. Mrs. Gordon: That's alright. Mr. Plummer: Take it out of the latin summer festival. Mrs. Gordon: Call the roll, please. Mayor Ferre: Anything else you want to say? Ca11 the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 78-272 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE A SEARCH FOR FUNDS IN THE AMOUNT OF $2,500 TO COVER A SHORTAGE FOR THE INTERNATIONAL FOLK FESTIVAL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None ABSENT: Rev. Gibson and Mr. Reboso 94 APR 271979 SS. ACCEPT SID: la4 Ply =SRA ANC my—tcrta tOR TOUR 1ST P1OMOPIOlt Mayor Ferre: Any other non�eontroversial items? Mx. Plummer: What do you have... (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Move it. Mayor Ferret Plummer moves Si, Gordon seconds it. Mrs. Gordon: Wait a minute let me just read it. Mr. Plummer: They are buying motion picture equipment. Mrs. Gordon: Alright, fine. I'll second it. Mt. Plummer: They are going in competition... Mayor Ferre: Mrs. Gordon seconds, the Manager recommends, further discussion? You see Mt. Manager, we follow your advice most of the time. Your batting average is really pretty good. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-273 A RESOLUTION ACCEPTING THE BID OF IMAGE DEVICES, INC. FOR FURNISHING ONE MOTION PICTURE CAMERA AND PROJECTOR FOR THE DEPARTMENT OF TOURIST PROMOTION AT A TOTAL COST OF $10,375.44 ALLOCATING FUNDS FROM THE MIAMI-METRO PUB- LICITY CONTRACT FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None ABSENT: Rev. Gibson and Mr. Reboso 85 APR 271976 Air m. Amin bANTEL t s WA and EMUM 4KI iV 'VAX wily& COMP." Mayor Ferret Alright, is there anything else that we deb do of the morning agenda until we get a full Commission here that's non=eontroversial3 Mrs. Gordon: Yea, there is a lot of them here. !Mayor Perret Alright, well then lets get started on.., we will etart off with item number 25. No, I'm sorry 26. Mrs. Cordon: Wait a minute, let me find it. Mayor Ferro: Mrs. Gordon moves 26, Plummer seconds, further discussion, call the roll on 26. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-274 A RESOLUTION APPOINTING MR. DANIEL J. COX AND MR. DENNIS MURASAKI TO SERVE AS MEMBERS ON THE INTERNATIONAL FOLK FESTIVAL COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was 16 passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None ABSENT: Rev. Gibson and Mr. Reboso 35. CLAIM SETTLEMENT: WAI YU CHENG. Mayor Ferre: Item 28. Now, is that going to be controversial, Plummer? Mr. Plummer: No. Mayor Ferre: Alright, Plummer moves, Gordon seconds, the City Attorney recommends the settlement on item 28, call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-275 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WAI YU CHENG THE SUM OF $37,000 PLUS TAXABLE COSTS IN THE AMOUNT OF $1,467.70 IN FULL AND COMPLETE SATIS- FACTION OF THE JUDGEMENTS ENTERED IN THE CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, IN FAVOR OF WAI YU CHENG AND AGAINST THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) . Upon being seconded by Commissioner Gordon, the resolution passed and adopted by the following vote; AXES; Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES; None ABSENT; Rev. Gibson and Mr. Reboso was W . 1 CAN 1111) and MAW OP PASIMINT: tonissaisJJ1J nD W ATiON." Mayor Ferre: 29, we have to wait? Mr. Plummer: Yes. Mayor Ferre: 30? Mr. Plummer: No, problem 1,11 move it. Mayor Ferre: The City Attorney recommends, Plummer moves. Mrs. Gordon: Second. Mayor Ferre: Gordon seconds, further discussion, call the roll on 30. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 78-276 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO GRANT A QUIT CLAIM DEED TO TOWNSCAPE DEVELOPMENT CORP. FOR THE NORTH 5 FEET OF THE EAST 50 FEET OF LOT 29, CORNELIA M. DAY'S SUBDIVISION (3/16) AND TO ACCEPT A GRANT OF EASE- MENT FROM TOWNSCAPE DEVELOPMENT CORP. FOR THE SAME PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None ABSENT: Rev. Gibson and Mr. Reboso • 1 87. RING R , `IOt1: COC70NI.TT c VE IrsrmEss AREA ritooRATIVE PErESTRTAN SCAB 5YrltEthi LIGHTING B4177. Mayor ferret HOW about 31? Mr. Plumtter : Move i t . Mayor Ferret Plummer moves. Mrs. Gordon: Second. Mayor Ferre: Gordon seconds, the Manager recommends, further discussion, ca11 the roll. The following resolution was introduced by Commissioner Plummer, who moved it adoption: RESOLUTION NO. 78-277 A RESOLUTION ORDERING AN IMPROVEMENT KNOWN AS "COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN -SCALE STREET LIGHTING PROJECT B-6177", AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL AGREED CHARGES SHALL BE MADE FOR THE ENTIRE COST THEREOF AS "COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN -SCALE STREET LIGHTING PROJECT AREA B-6177". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon; the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre NOES: None ABSENT: Rev. Gibson and Mr. Reboso APR 27197 38. INCREASE SCOPE OF CONTRACT BY $21C164 FOR "TRADE FAIR OF THE AMERICAS" AND AUTHORIZE FINAL PAYMENT‘ The follcing resolution was introduced by CoP*iissioner PIAIMMerf Who toyed its adoption. RESOLUTION # 78=.278 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN INCREASING THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $21,164.00 FOR THE TRADE FAIR OF THE AMERICAS: ALLOCATING THE ADDITIONAL AMOUNT OF $21,164.00 FROM THE ACCOUNT ENTITLED AND AGENCY FUND": ACCEPTING THE COMPLY WORK PER- FORMED BY MET CONSTRUCTION, INC. AT A TOTAL COST OF $131,164.00: AND AUTHORIZING A FINAL PA i OF $32,164.00. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by following votes: AYES: Commissioner J.L. Plummer Con4nissioner Rose Gordon Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Theodore R. Gibson Commissioner Manolo Reboso (Rev. Gibson enters the Meeting) 39. INCREASE SCOPE or ocorRAcT BY $5, 0/2. 30 FOR "A NI RATIBUILDING SITE PREPARATION." Mayor Ferre: How about 33? Mr. Plummer: Move it, Mayor Ferre: Alright, Plummer moves, Mrs. Gordon: Second. Mayor Ferre: Gordon seconds, further discussion on 33, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-279 A RESOLUTION AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $5,072.30 FOR THE ADMINISTRATION BUILDING SITE PREPARATION; ALLOCATING THE ADDITIONAL AMOUNT OF $5,072.30 FROM THE ACCOUNT ENTITLED "TITLE I FUNDS FROM U. S. DEPARTMENT OF COMMERCE EDA GRANT"; ACCEPTING THE COMPLETED WORK PERFORMED BY P. J. CONSTRUCTORS, INC. AT A TOTAL COST OF $48,922.30; AND AUTHORIZING A FINAL PAYMENT OF $9,459.10 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso 40. ACCEPT PL MO WOIi (: OLD BAYFRONT PARK DEVE CPMENT - BID "A" PHASE Mayor Ferre: 34. I. Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Mrs. Gordon: Second. • Mayor Ferre: Gordon seconds, further discussion, the Manager recommends, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-280 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY HAROLD G. JAFFER, INC. AT A TOTAL COST OF $155,004.78 FOR THE OLD BAYFRONT PARK DEVELOPMENT PHASE I (ELECTRI- CAL & IRRIGATION SYSTEMS) AID "A"; AND AUTHORIZING A FINAL PAYMENT OF $15,500.48 (Here follows body of resolution, omitted here end on file in the Office of the City Cerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote; AYES; Mr: Plummer, Mrs. Gordon, Rev. Gibson and Mayor 'erre NOES; None ABSENT; Mr. Reboso APR 271918' 41, ACC' OINPUMID WORK: Oth RAYFRONT PARK tINIUMENT $ID ' S" PRASE f , Mayor Ferre: Take up 55. Mr. Plummet: Move it. Mrs. Gordon: Second. Mayor Ferre: Plutrarer troves, Gordon seconds, further discussion, the Manager recommends, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-281 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ASTOR-WHITE ELECTRIC COMPANY AT A TOTAL COST OF $96,399.00 FOR THE OLD BAYFRONT PARK DEVELOPMENT PHASE I (ELECTRI- CAL & IRRIGATION SYSTEMS) BID "B"; AND AUTHORIZING A FINAL PAYMENT OF $15,960.60 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None. ABSENT: Mr. Reboso 42. ACCEPT COMPLETED WORK: FLAGLER STREET LANDSCAPE - 1977. Mayor Ferre: Alright, take up 36. Mr. Plummer: Move it. Mrs. Gordon: Second. Mayor Ferre: Moved and seconded, further discussion, the Manager recommends, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-282 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY TAMIAMI PLANT SYSTEMS, INC. AT A TOTAL COST OF $15,369.82 FOR THE FLAGLER STREET LANDSCAPING - 1977; AND AUTHORIZING A FINAL PAYMENT OF $2,436,98 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote; AYES; Mr. Plummer, firs. Gordon, Rev. Gibson and Mayor Ferre NOES; None ABSENT; W. Reboso APR 2 71978 AIM 43. ACCEPT COMPLETED WORK: MENA VISTA SANITARY MICR bIF1CAt1CNS - PHASE II. Mayor letre: flake up 37. Mrs. Gordon: Move it. Mayor Terre: Gordon moves, Plummer seconds, the Manager recommends, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-283 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC. AT A TOTAL COST OF $5,380.10 POR THE BUENA VISTA SANITARY SEWER MODIFICATIONS - PHASE II; AND AUTHORIZING A FINAL PAYMENT OF $5,380.30 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and' Mayor Ferre NOES: None ABSENT: Mr. Reboso 44 • ACCEPT OCEPLETED WORK: AT 4PATTAH SANITARY SEWER MODIFICATIONS - PHASE II. Mayor Ferre: Take up 38. Mrs. Gordon: Move. Mr. Plummer: Second. Mayor Ferre: Its been moved by Gordon, second by Plummer, further discussion, the Manager recommends, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-284 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC. AT A TOTAL COST OF $3,080.82 FOR THE ALLAPATTAH SANITARY SEWER MODIFICATIONS - PHASE II; AND AUTHORIZING A FINAL PAYMENT OF $3,080.82 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mx, Plummer, Mrs, Gordon, Rev, Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso 1G2 APR 271978" 45. AUTHoRizE CITY MANAGER "8TH ANNUAL C1iAMP/O d SPARK PLUG To Enctin AGRatem wt: R iA`1DA." Mayor perre: Take up 39, Mrs. Gordon: No, that was deferred. Mr, Plummer: 39 and 40 have been deferred. Mayor Ferre: 39 has been deferred, Mr. Plummer: I watt to move 41. Mayor Ferret Wait a minute, 40 has been deferred. 41. Mr. Plummer: I move it. Mrs. Gordon: Second. Mayor Ferre: Plummer moves, Gordon seconds, further discussion, the Manager recommends, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-285 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING OF THE EIGHTH ANNUAL CHAMPION SPARK PLUG UNLIMITED REGATTA AT MIAMI MARINE STADIUM ON JUNE 2, 3, AND 4, 1978, IN SUBSTANTIAL CONFORMANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso Mrs. Gordon: Move 42. Mayor Ferre: Gordon moves 42. Mr. Plummer: Mr. Mayor, let me just put on the record so it doesn't come later as any problem. I have asked the Manager, when I met with him prior that on item 41, as I indicated to you earlier today, here is a nationwide event which draws tremendous publicity to this community and it's never cost this city a penny. We back up dollars which we never had to expend. Mr. Mayor, I have asked the Manager this year to do something in recognition of these people for bringing this nationwide publicity to this community, Mayor Ferre, Who is that? Mr, Plummer; The Champion Spark Plug people which have never cost this city a dime and 1 told the Manager, I was out U. Denver one time and here I turned on the tv and hers is my daughter and 1 presenting a trophy which indicates nationwide, Mayor Ferre: That really go to you, Mt, Plummer; That's true, but I think and I have asked the Manager and he has said 1 (3 APR 27197.' that he would do such, that this year that ve recogtiee them for their outstanditlg work in behalf of the City of Miami, so l just vatted to put it et the record. 46. AUTHORIZE CITY ]AGERp CHAR l Y i S TO AGREEMENT TI j : Pull c hdeasiot at Mawr Park. Mayor Terre: Alright, now we are of the text item which is 4/. NM. Plummer: 2'11 move it. Mayor Parre: No, Mrs. Gordon move it. Mr. Plummer: 1 second it. Mayor Terra: ...you second it and the Manager recommends, further discussion, Ball the roil. The following resolution vas introduced by Commissioner Gordon, vho moved its adoption: RESOLUTION NO. 78-286 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH CHARLES LEROY LEWIS, FOR OPERATION OF THE FOOD AND BEVERAGE CONCESSION AT MANOR PARK FOR THE DEPARTMENT OF PARKS AND RECREATION FOR A PERIOD OF 4 YEARS PURSUANT TO THE TERMS AND CONDITIONS SET FORTH THEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution vas passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Terre NOES: None ABSENT: Mr. Reboso Mayor Terre: Mr. Plummer: Mrs. Gordon: Mayor Ferre: Mrs. Gordon: Mayor Ferre: 44, ve have to wait on right? 44 through 47. Yes. 45, 46, 47. And ve have done 48. lie have done 48? 47. ACCEPT BID: MIAMI — METBD "MAP" B U2WURES. Mr. Plummer: Mrs. Gordon: Mayor Terre: is a motion it also says pays for the Mt, Maser: W. Crusts; kayos yen=e: it's not the Mt. Crimple; attractions, Kra. Cordon; Ws, Onside; Imove 49. Second. Alright, there is a motion and... oh, I have a question on that. There and a second, under discussion. Now, it says a Metro Miami Map. Now, that ve pay for half of it and the City of Miami Publicity Contract other half, but the city contract is also the City of Miami isn't it? )o, under contractual agreements • Iio, six this is our contract vitb Metro they put up... We pay for half and Metro pays for half, but it's s map of llstr6 asp of the City of Hai. Into s trap of the Metropolitan area basically shoving the ajor it's geared toward tourists. it s streets/op also'! Yes, altbougb it dossn't include eery 'Met, it includes all of the 104 APR 271978' adjor streets. Mayor Ferre: tut, cord Gables isn't going to pay and Miami each isn't going to pay anything. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: What? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Ok, I'm tot going to argue with it, but in a way it's tot really fair, but it's a small amount so... It's been moved and seconded, further discussion on item 49, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION No. 78-287 A RESOLUTION ACCEPTING THE BID OF AVANTI PRESS FOR FURNISHING 100,000 METRO-MIAMI MAP BROCHURES FOR THE DEPARTMENT OF TOURIST PROMOTION AT A TOTAL COST OF S12,000.00; ALLOCATING ONE-HALF OF THE FUNDS FROM THE 1977-1978 FISCAL YEAR BUDGET AND ONE-HALF OF THE FUNDS FROM THE METRO-MIAMI PUBLICITY CONTRACT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso 48. ACCEPT BID: FIRE DEMM NT UNTFO1 1S Mr. Plummer: Move 52. Mrs. Gordon: Second. Mayor Ferre: There is a motion and a second on 52. Mr. Plummer: Call the roll. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-288 A RESOLUTION ACCEPTING THE BID OF JULES BROS, UNIFORMS, INC. FOR FURNISHING UNIFORMS, AS REQUIRED, ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD FOR THE DEPARTMENT OF FIRE AT AN ESTIMATED COST OF S15,536.25; ALLOCATING FUNDS FROM THE 1977-1978 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the Ctty Clerk), Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote; AYES; Mr. Plummer, Mrs, Gordon, Rev. Gibson and Mayor Ferre NOES; None ABSENT; Mr. Reboso 105 APR 27197b 40. ACCEPT no: CONVENTtON CENTER - S 1ILhtN7L 'ION PHASE If (PATtICIA RCM). Mrs. Gordon: Move 53. Mr. Plummer: Second. Mayor Ferret Mrs. Cordon moves 53, second by Plummer, further discussion, the Manager recommends, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-289 A RESOLUTION ACCEPTING THE BID OF BIG CHIEF, INC. IN THE AMOUNT OP $33,192.00 FOR THE CONVENTION CENTER - BUILDING DEMOLITION - PHASE II (PART/CIA HOTEL); ALLOCATING THE AMOUNT OF $33,192.00 FROM THE ACCOUNT ENTITLED "CONVENTION CENTER BOND FUND" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,650.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $660.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso 106 APR 2 719V 50. AcCEPT AID: LEMON CIS PACK - COMMU t W I lIJI ING' S b ITIO 4. Mayor Fette: Take up item 54. Mrs. Cordon: Move 54. Mr. Plummer: Second. Mayor Ferret Gordon moves, it's been seconded by Plummer, the Manager recommends, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. I8-290 A RESOLUTION ACCEPTING THE BID OF BIG CHIEF, INC. IN THE PROPOSED AMOUNT OF $4,443 FOR THE LEMON CITY PARK COMMUNITY DEVELOPMENT - BUILDINGS DEMOLITION; ALLOCATING SAID AMOUNT FROM THE 3RD YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $4,443 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $488 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING PROM SAID FUND THE AMOUNT OP $300 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: • AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso kii APR 2 71978 51. ACC' 8110: N.W. 11gTH AVENUE - COMMUNITY t PAVING PROJECT 305 - AS 1. Mayor Ferre: Take up 55. Mrs. Gordon: Mote 55. Mayor Ferre: Mrs. Gordon moves, Rev. Gibson: Second. Mayor Ferre: Gibson seconds, the Manager recommends, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who Moved its sdoption: RESOLUTION NO. 78-291 A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE PROPOSED AMOUNT OF $53,652.52 FOR THE N.W. 19 AVENUE COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE I; ALLOCATING SAID AMOUNT FROM THE 3RD YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $53,652.52 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $5,901.78 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,073.70 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: &AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso Mayor Ferre: Plummer moves. Mrs. Gordon: Don't we have bids on 56? Mr. Plummer: I move 56. Mrs. Gordon: Where are the bide? Mx. Grassie: Just a minute. Please Mr. Mayor and Members of the City Commission I think we have just recieved bids on this and my impression is that they have come in too high, so we are going to have to reject the bids until I can find somebody who knows something about it here. Mrs, Gordon, Alright, lets do it... Mr, Plummer: Well, lets defer it then. Mr. Grassie; Yes, we got to defer it, I think we are going to have to reject those bids. 108 APR 27197 Mayor 'erre: How about 57? Mt, Plummer: Well, that we have already done. I'll move it, Mayor Fetre: No, no we haven't done it. Mrs. Gordon: No, we haven't. Mt. Grassie: You started to discuss that, but you did not finally take a motion on it. Mayor Ferre: Is that controversial? Mrs. Gordon: It is to the extend that I feel that we are vesting money in doing it because of the very limited number of places that we could possibly obtain. Mr. Grassie: Could we put that off, Mr. Mayor? Mayor Terre: Lets wait until Reboso gets here and we got a full Commission. Alright, now this is what we got left. We finished all the a,b,c issues right? Mrs. Cordon: Well, what should we do with this? Mr. Grassie: No, you have not finished item E. Mayor Ferre: We are putting it off until Reboso gets here and we got a full Commission. We've got E? Is that going to be controversial? Mr. Grassie: No, it's not going to be controversial it's just an information report. It will take me about a minute. Mayor Ferre: Don't we have to vote on it? Mr. Grassie: No. Mayor Ferre: We don't need a resolution? Mrs. Gordon: We got a question. Mr. Grassie: What? I would like a motion, but it's not necessary. Mayor Ferre: Well, I think that's something we ought to wait for Mr. Reboso because if there is any questions... alright, so we have E to do. We've got 9)no we have done 9. E.. Mr. Plummer: What about 24 and 25? Mayor Ferre: Rose, had questions on 24, so wait until Reboso gets here. 25, that's cold we are waiting for Reboso. 29, did we do 29? Mr. Plummer: I think you better wait for Manolo. Mrs. Gordon: We didn't do 29, but we said lets wait. Mr. Plummer: No, that's still hanging. Mayor Ferre: Is that going to be controversial? Mr, Plummer: Yes. Mrs, Gordon; I don't know. (EACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre; Well, we got 40 thur 47 and 56 and 57. Well I guess we... (PACKGROVNA COMMENT OFF THE PUBLIC RECORD) 109 APR 271976 to Mayor Ferret Mr. Plummer! Mayor Ferre: maybe we can on. Alright, But. that's controversial isn't it? Yes. Yes, that's what I said. Alright, lets go to the evening agenda get through some not -controversial things that people are waiting on the evening agenda on item number 1=A6 is that controversial? (BACKGROUND COMMENT OFF THt PUBLIC RECORD) Mayor Ferret Tell me what that is. Mr. Davis: This is an application for the Dixie Park, a chancre of zoning and the permission to have the park. Mr. Plummer: Move it. Mayor Ferret Is there anybody here opposed or wants to speak to 1-A? Alright, moved by Plummer. Mrs. Gordon: Second. Mayor Ferre: be separate. Second by... can we vote on 1-A and B at the same time or it has to Mr. Davis: No, sir it has to be separate. Mayor Ferre: Alright, 1-A moved by Plummer, second by... Mr. Davis: 1-A is an ordinance, sir, it will have to be read. Mayor Ferre: Moved by Plummer, second by Gordon, would you read the ordinance please? Mr. Plummer: Mr. Mayor, may I stop you please. I think for the record and the legality) he is handing me papers- and please Bob, I'm not finding fault- but, please Mr. Mayor, I think by a matter of legality you should adjourn the regular session and go into the Zoning. Mayor Ferre: Alright, the regular session is now adjourned. AT THIS POINT, THE CITY COMMISSION TEMPORARILY ADJOURNED THE REGULAR PORTION OF THE MEETING AND TOOK UP THE PLANNING AND ZONING MATTERS OF THE AGENDA. 110 '_197 52. (a) FIRST_ READING ORDINANCE: C #AN5E LNG CLASSIFICATION 1200-1499 N.W. 3RD AVENUE FROM 0,2 ANb 11-4 P.11, (b) PtAMIssioN TO dONgT"1tIK>`F RWMATIONAL PACILITItS IN C NSUNCTION WITH bMXI1 PA , Mayor Vetre: Now, we are into the evening meeting which is the fowl City of Miami Commission Meeting on Planning and Zoning, We will now take up item 1-A. Plumber troves 1=A, M'.rs, Gordon seconds 1,4, is there further discussion, teed the ordinance. Alright, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE 2ONINC ORDINANCE FOR THE CITY OP MZAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 1 THRU 14, BLOCK B, PARRY DIV (1-127) PLUS ALLEY TO WEST (TO Et VACATED) MIAMI bIItIE PLAYGROUND (64-149) LESS I-95 RIGHT -OP -WAY; LOTS 1 THRU 16, BLOCK 2 AND LOTS 1,2, 3 (PT), 4(PT), 17 (PT), 18, 19, AND 20, BLOCK 3, SOST SUB (B-27) PLUS RIGHT-OF-WAY OF NW 4TH AVENUE PROM NORTH RIGHT-OF-WAY LINE OF NW 13TH STREET NORTH TO SOUTH RIGHT-OF-WAY LINE OF NW 14TH STREET (T0 BE VACATED) ?LUST RIGHT-OF-WAY OF NW 13TH STREET FROM RIGHT-OF-WAY LINE OF 1-95 EAST TO WEST RIGHT-OF-WAY LINE OF NW 3RD AVENUE (T0 BE VACATED), BEING APPROXIMATELY 1200-1499 NW 3RD AVENUE, FROM C-2 (COMMUNITY COMMERCIAL) AND R-4 (MEDIUM DENSITY MULTIPLE) TO PR (PUBLIC PARK AND RECREATIONAL); BY REPEALING ALL ORDI- NANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES: None ABSENT: Mr. Reboso ABSTAINING: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 111 APR 271978 1 cis 44 14! vw - Mt. ?liner: Move B. Mayor Ferret Plu mer moves B, Gordon seconds, further discussion of the resolution, Cali the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 784292 A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PER ARTICLE XVIII-1, SECTION 4(1-3), OF ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ON LOTS 1-14; BLOCK 8, PARRY DIV (B-127) PLUS ALLEY TO WEST (TO BE VACATED) MIAMI DIXIE PLAYGROUND (64-149) LESS I-95 RIGHT-OF-WAY; LOTS 1-16, BLOCK 2 AND LOTS 1,2, 3(pt), 4(pt) 17 (pt), 18, 19, 20, BLOCK 3, SOST SUB (B-27) PLUS RIGHT-OF-WAY OF NW 4TH AVENUE FROM NORTH RIGHT -OF -WAY LINE OF NW 13TH STREET NORTH TO SOUTH RIGHT- OF-WAY LINE OF NW 14TH STREET (TO BE VACATED) PLUS RIGHT-OF-WAY OF NW 13TH STREET FROM RIGHT- OF-WAY LINE OF I-95 EAST TO WEST RIGHT-OF-WAY LINE OF NW 3RD AVENUE (TO BE VACATED), BEING APPROXI- MATELY 1200-1499 NW 3RD AVENUE; ZONED C-2 AND R-4, PROPOSED TO BE REZONED PR; ALL IN CONJUNCTION WITH EXISTING DIXIE PARK ADJACENT TO THE WEST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and'Mayor Ferre NOES: None ABSENT: Mr. Reboso OP 112 APB 2 71978 63, (a) ?IRSFt' APAblN i INM4 . CHANGE ZONtN0 CLAssincATIoN 800=‘934 N.W. 62ND STREET FROM C4A ANb R 2 TO P.R. (b) PIENMISMON To CONgTRUCT RECREATZONAL FAC/LITIts IN OONJUNCT/ON WI TALCoLC7 Mayor Ferret 16 2"4 and E totltroversial? Mr. 'bavist No, sir they should not be this is again the same issue oti Talcolcy Park. Mayor 'erre: Alright. Mr. Plummer: Well, Father cove it and I'll second it, but then 1 want to ask some questions. Mayor Terre: Alright. Mr. Plummer: ... and it's not really a zoning question. Mr. Manager? Mr. Grassie: Sir. Mr. Plummer: ... you are contemplating expanding facilities or an additional city park? Mr. Grassie: This is the second phase of the construction of the Talcolcy Center Commissioner, if you remember we have completed already a community center there, it has some land to the East of it and we are now expanding the site. The money has already been appropriated by the City Commission and we are expanding the site for additional facilities immediately to the west of the present building, so what we would be doing here is closing that street so that the whole site would be continuous. That is the only thing that we are doing. Mr. Plummer: My only concern is uncovering more rocks than you can cover. We vividly saw the problems of today. I would rather get that one finished before this one gets started. Mr. Grassie: Well, I would tend to... that would be more comfortable for us, but I don't think that we could explain it to the Talcolcy people. I think that they would want their project to go forward and really since we expect African Square • to be done in one week in terms of contract commitment and then we will see where we are after that, but in terms of contract commitment -one week- I would suggest that we go ahead with this. Mr. Plummer: Alright. Mayor Ferre: Further discussion, read the ordinance on item 2-A. 113 APR 27197i AN ORDINANCE ENTITLED - Was passed on AYES: Mr ▪ NOES: None • ABSENT: Mr. ABSTAINING: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 1-5, BLOCK 1, DRILLON SUB (18-42); LOTS 144, BLOCK 12, HILDAMERE RE -SUB (40�-51); LOTS 1--8, RE -- SUB BLOCK 11 (43-86) PLUS RIGHT -OP -WAY OF NW 9TH AVENUE PROM NORTH RIGHT-OV-WAY OP NW 62ND STREET (TO BE VACATED), BEING APPROXIMATELY 800-934 NW 62ND STREET (MARTIN LUTHER KING BOULEVARD), FROM C-4A (BOULEVARD COMMERCIAL) AND R-2 (TWO FAMILY) TO PR (PUBLIC PARK AND RECREATIONAL); AND BY MAILING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVER - ABILITY PROVISION. introduced by Commissioner Gibson and seconded by Commissioner Plummer and its first reading by title by the following vote: . Plummer, Mrs. Gordon, Rev. Gibson and Mayor Ferre Reboso None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: Alright, take up 2-B. Rev. Gibson: Move it. Mr. Plummer: Second. AII Mayor Ferre: Alright, Gibson moves, Plummer seconds 2-B, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-293 A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PER ARTICLE XVIII-1, SECTION 4(1-3), OF ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ON LOTS 1-5, BLOCK 1, DRILLON SUB (18-42); LOTS 1-4, BLOCK 12, HILDAMERE RE -SUB 940-51); LOTS 1-8, RE -SUB BLOCK 11; PLUS RIGHT-OF-WAY OF NW 9TH AVENUE FROM NORTH RIGHT-OF-WAY OF NW 61ST STREET TO SOUTH RIGHT- OF-WAY OF NW 62ND STREET (TO BE VACATED), BEING APPROXIMATELY 800-934 NW 62ND STREET (MARTIN LUTHER KING BOULEVARD); ZONED C-4A AND R-2, PROPOSED TO BE REZONED PR, ALL IN CONJUNCTION WITH THE EXISTING TACOLCY CENTER LOCATED ON THIS SITE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote; AXES; Mr, Plummer, Mrs. Gordon, Bev, Gibson and Mayor Yerre NOES; None ABS; W. Reboil() 114 i Lib 6) f_7_1Q7 6 Pt f ReADIM ORDINANCEt AMINO SiCTION 544, 4?, M. AM 8441 OP TIM OW CCM , BUS MUMS STRUCTURES." Mayor Terre: Alright, now on items where people are present that we have not taken Up, the first one is... well, E we don't have anybody present on that so we can do that later. Mrs. Cordon: Do you have to calf that meeting back to order because wa... Mayor Terre: Yes, we are going to temporarily adjourn the Zoning and Planning and we are now back to the regular day agenda of the regular City of Miami Commission Meeting. AT THIS POINT, THE CITY COMMISSION TEMPORARILY ADJOURNED THE PLANNING AND ZONING PORTION OP THE MEETING AND TOOK UP TtUE REGULAR MATTERS OF THEIR AGENDA. Mayor Terre: We are now going to take up the first itesi where people are present and that is item number 240 which is dealing with the bus benches and the bus shelter structure . Mr. Grassie, would you explain that please? (Commissioner Reboso enters the Meeting at 7:40 P.M.) Mr. Grassie: The purpose of this code amendment Mr. Mayor, is simply the profess of going out for proposals as we have agreed with the court we would do within a period of ninety days. What this change does is facilitate that process with our putting out a request for proposals which is broad. If you would like a more detailed discussion, Mr. Fosmoen, can help us with that. Mayor Terre: Mrs. Gordon, question? Mrs. Gordon: Yes, Mr. Fosmoen said he would detail this for the record so that there would be no misunderstanding on the part of anyone here or in the public as to what we are attempting to do. Mr. Fosmoen: One of the issues that Commissioner Gordon, raised earlier today was a concern over general advertising on bus benches and bus shelters in areas where we currently prohibit general advertising and in the 'specifications that are being prepared for bus bench and bus shelter bid proposalst we are eliminating any zoning districts where general advertising is currently permitted or prohibited, I'm sorry, so the only place that we are going to have advertising on bus benches and bus shelters is where it's generally permitted in the zoning ordinance. Mrs. Gordon: Ok, that means that in the commercial areas where you can find other kinds of commercial advertising and it will eliminate areas such as Bayshore Drive and other residential areas that you now see bus benches with the sign.' Mr. Fosmoen: That's correct. Mrs. Gordon: Ok. Mr. Fosmoen: The principle purpose of the ordinance that's before you is clarifing language in the current... or to clarify language that's in the current code. Mayor Ferre: Mr. Grassie. Mr. Grassie: We should point out that achieving that desired objective of not having bus advertising is residential areas means that the city is going to have to pay for the bus benches. Mayor Terre: Yes. Mr. Grassie: Now, we have to understand that, but... Mayor Terre: We have to understand that. Mrs. Gordon: Well, it's part of the aesthetics of the community. Grassie: We ere entirely supportive of it and that's the way we are writing the IFD, if we should understand it. Mayor Terre: Dot, if we end up with the kind of graphics that you see; and Charles Fawley maybe this tight be of interest to the architects. One of the things that vs would like to see is the type of good graphic design that you see in Europe, mostly in France with these new bus benches which are made out of glass and plastic, you know and s lot of these public places are highly designed and hopefully what we ere trying to get my from is the old typical. Miami bus bench and the new french type andropegn type of bus honcho that's where we era heading on that hopeful': 115 APR 271918 Now, is there a motion? (BACKGROUND COMMENT OFF THE PUBLIC 1BCORb) Mayor Ferre: bid I make a mistake it calling on `you? Mr. 1awleyt Yes, you did. 1 don't think you did. We of AIA would like to support the idea of not having... Mr. Ongiet Your name for the record, please. Mr. Pawleys My name is Charles Harrison Fawley, I'm the president of the South Florida Chapter of the American Institute of Architects and I was asked to have my board put out a policy statement on this particular issue and we are doing it. It doesn't happen to be here yet, but since I am here I would like to speak to that and say that we are in favor of not having the advertising in the residential areas on the bus benches. Mayor Ferre: "That's what we are accomplishing. Mrs. Gordon: That's what we are doing. Mr. Pauley: ... and I think it's a wonderful idea. Mayor Ferre: Alright, is there a motion? Mrs. Gordon: I'll move it. Mayor Ferre: Moved by Gordon, is there a second? Wait Please, Selma. Is there a second? Rev. Gibson: Second. Mayor Ferre: Second by Father Gibson. Now, Selma. Mrs. Alexander: Just because I have been trying for three years... Selma Alexander, of 2323 South Miami Avenue, and I have been trying for three years to get some determination about bus benches in residential areas and the advertising. I have requested it from every department including this Commission and I commend you and bravo and thank you. • Mayor Ferre: Call the roll, please. Mrs. Gordon: I'd just like to ask a question, Mr. Fosmoen. With regards to those benches that are currently located within the residential areas. Will there be notified to remove them or how would that be handled? (City Attorney at this point reads Ordinance into the record.) Mr. Fosmoen: Yes, we will have to notify them. When bids are awarded we will notify them that those benches should be removed. Mrs. Gordon: That is.... ok, when the new bids are awarded and that will be done when? Mr. Posmoen: Late June. Mrs. Gordon: When we go out for bids. Ok. Mayor Ferre: Call the roll. AN ORb/NANCE ENTITLE AN ORDINANCE AMENDING SECTIONS 54-36, 54-37, 54.=39, AND 54-41, OP THE CObt OP THE CITY OF MlAMI, PLORTA, AS AMENDED, BY DELINEATING THE PURPOSE FOR THE REGULATION OP THE PLACEMENT OF BUS BENCHES ANb/OR BUS SHELTER STRUCTURES THROUGHOUT THE ►iTY BY COMMERCIAL ADVERTISING COMPANIES AND BY MODIFYING THE TERMS AND CONDITIONS OF THE AGREEMENT UNDER WHICH SUCH PLACEMENT SHALL BE AUTHORIZED; CONTAINING A REPEALER PROVISION AND A SEVERASILITY CLAUSE. Was introduced by Commissioner Gordon and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Plummer: With reservations, yes. 55. AUTHORIZE CITY MANAGER TO - EQUITABLE LIFE ASSURANCE SOCIETY - ENTER INTO ART WITH: Administrative Claims Service for GROUP HEALTH INSURANCE. Mayor Ferre: take up item 25. Mr. Cole? Mr. Manager, I think you have to... item 25, the Manager recommends. Would you explain it? Mr. Grassie: The proposition that you have in front of you Mr. Mayor, is the self-insurance proposal that you heard the last time we met. I believe that you were in agreement with that concept. You wanted some additional time and it was tabled this last time. Mayor Ferre: I don't see Mr. McGee here, so I assume that that's all past. Is there a motion on this? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Moved by Gibson, is there a second? Is there a second on item number 25? Nobody wants to second it? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayon Ferre: Are you seconding it? Plummer seconds, futher discussion, Call the roll on item... Mr. Plummer: Under discussion Mr. Mayor, Obviously Mr. McGee has not complied with the time frame. Gulf Life, I think it was pent a letter this afternoon stating that they were withdrawing, The plan then remains back to the Equitable which seems to be a good plan. The only thing that I had asked for delays for was for the purpose of trying to get a better plan. Since that now doesn't seem to be Available we go with the beat plan that we have and that is the Equitable. Mayor Terre; Alright, call the roll. 117 APR 27197,43 • fat The folion8 resolution was introduced by Comissioner Gibson, who moved its adoptions RESOLUTION NO. 78-294 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, TO PROVIDE ADMINISTRATIVE CLAIM SERVICE FOR CROUP HEALTH INSURANCE FOR THE PERIOD FROM APRIL 1, 1978 THROUGH MARCH 31, 1979, FOR THE PURPOSE OF ADMINISTERING THE SELF -FUNDED CITY OF MIAMI EMPLOYEES' HEALTH AND ACCIDENT SELF- INSURANCE PROGRAM; SUBJECT TO THE APPROVAL BY THE CITY COMMISSION, PRIOR TO EXECUTION OF THE WRITTEN CONTRACT REFLECTING THE AFORESAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 56. AUTHORIZE CITY MANAGER TO INVESTIGATE "Il.M.O. SERVICES" FOR CITY EMPLOYEES. Mrs. Gordon: Mr. Mayor, I would like to just bring up the subject that... we don't have to make a decision now, but a discussion that I would like you to perhaps ask the Manager's staff to look into it because it would take a year to accomplish it at any rate. Perhaps for the following year we could have some kind of an HMO which is a public body, could have for it's employees, which would then be a cost saving factor, but it would take a while and so if we start you know. looking into it now I would by way of a motion move that we authorize that kind of an investigation to being. Mayor Ferre: Mrs. Gordon moves that the Manager investigate for next year or sooner, whenever he is ready, the possibilities of the City of Miami getting involved with HMO services for it's employees and there is a second to that motion and this is purely an investigation. Ca11 the roll. The following motion was introduced by Commissioner Gordon, who moves its adoption. MOTION NO. 78-295 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTIGATE THE POSSIBILITY OF CITY OF MIAMI EMPLOYEES INVOLVEMENT WITH H.M.O. SERVICES DURING THE COMING YEAR. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote; AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr, Commissioner (Rev,) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOBS; None 118 APR i1976 57. ESTABLagil COMMIT= OF CITY iO` s roa Paopostb t. .4 &M i/CE," Mr, Grassie: Mr, Mayor, before we Move on could I ask you to consider another resolution on this same subject which has not beet it front of you, but it has come to us through a request of the organized employee groups,.. Mt. Plummer: Mayor Ferre: Mr. Grassie: That's what I was bring up. Alright, would you pass it? ... and we would like to ask you to adopt a resolution. Mayor Ferre: A resolution? Right on. Wait a minute Tony, I will recognize you. I'll read the resolution that's before you at this time. (THE MAYOR READ THE RESOLUTION INTO THE RECORD) Mrs. Gordon: I'll second it. Mayor Ferre: There is a motion by Plummer, seconded by Gordon. Mr. Plummer: No, 1 will make the motion, but I want to make an addition that also a representative of the retired employees be on that committee. Mrs. Gordon: Mayor Ferre: Mr. Grassie: Mayor Ferre: Mr. Grassie: not included of employees I'll second that. Alright, it's been moved and seconded with that... Mr. Mayor? Yes, sir. ... with regards to in the first draft. that is encompassing Mr. Plummer: Retired employees. Mr. Grassie: Mrs. Gordon: Mr. Plummer: the proposed amendment. That was consciously The reason is that we do not have an organization of everybody and recognized by everybody. I'm talking about retired employees. Yes, they do. Sure we have such an organization. Mr. Grassie: Now, we purposely worded that so that it includes only PERC recognized units, so that there is no question about who is on it. Now, if we don't do that it's very difficult you know, to say that the next five or ten Adhoc Groups that want to be on this... Mayor Ferre: I got a feeling this one of those recommendations that is not going to be accepted. Mr. Plummer: We11, look... Mrs. Gordon: It's not going to hurt. ytr. Plummer: informed. Mrs. Gordon; Mayor Ferre: Mr. Plummer; Mrs. Gordon; Mayor Ferre; call the roll Mr, Grassier .,. the purpose of this Committee is solely to keep these people ... they are pot making decisions anyhow. It's an Advisory Board. ... and you've got a Retired Employees Association. Alright, as amended. Mr. Plummer, in the interest of ti.melas amended, further discussion, Well, We need some definition of what group we are talking about, 119 1111 Mayor Vette: Yes, the definition is... Mts. Gordon: Oki what do you can. your group? SPEAKER DENT/PIED: Miami Retirees Associatiot►. Mayor Pette: Alright. Mr. Grassie: Does that include everybody? Mrs. Gordon: Miami... Mayor Verret Retired... Mrs. Gordon: ... Retirees Association. Mr. Plummer: Well, lets put it the other way, Mr. Grassie. It's the only organization that I know of representing retired employees, there is no other. Mrs. Gordon: . It is. Mr. Grassie: Does it includes them all? Mrs. Gordon: Yes. Mr. Plummer: No, maybe not. Mayor Ferre: That's his problem. Mr. Plummer: But, there is no other organization. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-296 A RESOLUTION RECOMMENDING THE FORMATION OF A COMMITTEE OF PERC CERTIFIED CITY EMPLOYEE COLLECTIVE BARGAINING UNITS, INCLUDING A REPRE- SENTATIVE OF THE CITY OF MIAMI ASSOCIATION OF RETIRED EMPLOYEES, INC., FOR THE PURPOSE OF KEEPING BARGAINING UNIT EMPLOYEES FULLY INFORMED OF THE ACTIVITY IN THE CITY'S PROPOSED SELF -FUNDED AND ADMINISTRATIVE CLAIMS SERVICE PROGRAM FOR GROUP HEALTH AND ACCIDENT PROTECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote; AYES; Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manoio Reboso Mayor Maurice A, Ferre NOBS ; None 1.20 WM_'1 'B tadttall Ate MURAL Get 01,1811VIATICt4 ` ACV J st ' C ` Via' ""LA `IN RIVIRMIrr PA i . " Mayor ?erre: Take up item 20. This the aequisition of Latin ytiver Ftott property. Mr. Plummer: Move it. Mayor Ferre: There is a ffiotiot. Mrs. Gordon: Which one? 29? Mr. Plummer: I think we ought to have you know, we are spending an awful lot of dollars here, a little bit more that... Mayor Ferre: Alright. Firs.Gordon: Wait a minute. Mr. Posmoent I'd like to ask that that item be deferred. Mayor Ferret You want that item to be deferred? Mr. Fosmoent Yes, sir. Mayor Ferre: Would you tell me the reason? Mr. Fosmoen: We are very close to a settlement, however there are some questions that are unanswered, sir, such as the exposure that we have on relocation and ve are waiting for a report from Dade County Little lud. Mayor Ferre: Alright. Mrs. Gordon: Ok, defer it. Mayor Ferre: Alright, there is a motion, Mt. Reboso moves that it be deferred, Gordon seconds, further discussion, call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 29 to (the next commission meeting) was introduced by Vice Mayor Reboso, and seconded by Commissioner Gordon, and was passed and adopted by unanimous vote. 59. AUTHORIZE CITY MANAGER TO — SELECTED ARiHITECnhiAL FIRM FOR Fit INTO AGIUMENT W/ : CasISTRUCTICN OF "MELROSE PARK." Mayor Ferre: Take up item 44, Authorizing the Manager to enter into an agreement with the selected architectural firm for construction of Melrose Park. I would recommend that we follow the recommendations of the Committee on items 44, 45, 46, and 47. Mrs. Gordon: Are they all located within the city or Dade County? Mayor Ferre: Al, do you want to answer that? Mr. Howard: They are all in Dade County except Stresau and Smith. Mayor Ferre: Who is Stresau and Smith? Mr. Howard: ... but their architect has a Miami address. Mayor Ferre: Who is Stresau and Smith? Mr. Howard: Stresau and Smith, is from Fort. Lauderdale. Mrs. Gordon: Well, why did we have to go to Fort Lauderdale, Al? Ht. award; The Committee interviewed five different people and we felt that they bad the most experience for these two particular parts. Mrs. Gordon; Well, I take it... ok. 12]. APR 271978 Mt. Howatd: ... they also did the patk in 'North Beach which we think is something we would like to see. Mayor Perre: bo you feel strongly about this, Al? Mts. Gordon: yes, but 1 want to speak to that. Mr. Howard: 1n picking those five I felt very strongly about it. Mrs. Gordon: I feel strongly too and I want you to know why. 1 feel that Broward County never takes and hires anybody from bade County when they have any work to be done and you can bet your life on that. And I don't see why and with all the qualified people we have here that we have to go and get one out of troward County and which one would that be 44, 45, 46 or 47? Which one of those is it? Mayor Ferre: Rose, while you ate looking it up I would like to remind you that- what's the name of the people that did Bicentennial and the other? Mr. Howard: Stone. Mayor Ferre: Stone. Mr. Plummer: Edward Ralph. .Mayor Ferre: Edward Ralph Stone is from Port Lauderdale and... Mrs. Gordon: Yes, but it always goes the other way, Naurice. They don't take any of our people. Mayor Ferre: Yes, but you see, that's their problem because if that were the case the:. we wouldn't have that beautiful building at the park that Andrews did and if that were the case you wouldn't have Phillip Johnson doing... Now, of course that's controversial, but I happen to feel strongly about that too. Mrs. Gordon: Mayor Ferre: to tell you, I don't know Alright. ... you know, I think it's good to go to Miami firms, but I'm going you we got 1,2,3,4. We've got 3 Miami firms and 1 Fort Lauderdale firm. them from Adam, but I... Mrs. Gordon: Which one is it that we are using? Which one of those numbers. Which one? Mayor Ferre: Are you representing Stresau? Mr. Howard: This is Mr. Smith representing Stresau and this is Mr. Perez, who will be the architect and they are the ones that also did the... Mayor Ferre: Mr. Perez, do you live in this community? Mr. Perez: Our office is in the City of Miami. Mayor Ferre: In where? Mr. Perez: In the City of Miami. Mayor Ferre: Your office is? and you represent? Mr. Perez: I represent the architectual firm which is part of the group and I... Mayor Ferre; Mrs, Gordon: Mr, Plummer; I stand on my recommendation that we follow the Committee's... Which one was it I asked you Mr, Howard? Which one of the items? Which item are you? What number item? Mr. Perez; We don't know because It's not explained in the agenda, Mayor Ferre; We got a memo here, Mr. Reboso3 Mr, Mayor? 122 __ J. E18 Moot 'erne: Wit a Minute, Al, you got sothe mote itetris? Mt. Howard: Item 46, they have been recottMended to do Buena Vista and Melrose Parks, Mt. Plummer: Ate they getting two? Mrs. Otirdon: Well, was the the firm of taker selected for any of therm? Mt. Howard: Baker came it two by the Committee on one of the parks, but did not come in rated.1/1 to the selection process. Mr. Plummer: Explain something to me. On your memo- you got that? You got your memo from you to Grassie? Mr, Howard: Yes. Mrs. Gordon: There is a Dade County firm, a well known firm. Mr. Plummer: What I don't understand if this firm here- this Mr. Perez says that he has his office in the City of Miami, for example; I question why would Melrose Park... are you recommending O'Leary, Shafer, Perez, Post, Buckley, Shuh, Jernigan, Stresau, Smith and Stresau, but then on the next one you dropped O'leary and Shafer? Mr. Howard: No, the first page is of people we interviewed, but the second page is the people that we chose. Mr. Plummer: I'm sorry, I stand corrected. Mayor Ferre: Look, I go back to my recommendation that all of them be accepted. The Committees went through this thoroughly, I assume they know what they are doing... Mrs. Gordon: Who is on the Committee, Mr. Mayor? Mayor Ferre: The was composed of Harold Lewis Malt, Wallace McHarg, Edward D. Stone, Seymour Henderson, Rosenberg and Schully. Is that right? Mr. Howard: No, that wasn't the Committee, those are the people that... Mayor Ferre: Oh, I'm sorry. Mr. Howard: The Committee was Mr. Parkes, the Director of Public Works, Joe McManus, the Director of Planning... Mayor Ferre: Morris Kaufman, Dena Spillman and yourself. Mr. Reboso: I move item 44. Mayor Ferre: Is there a second on item 44? Mr, Plummer: I'm just totally confused. Is there more than one Perez firm? Mr. Howard: Yes, but one Perez is recommended for Riverside Park landscape architect, the other Perez is an architect who is working with Stresau and Smith. Mr. Plummer: So they are different firms. Mayor Ferre: Are they different? Mr. Howard: Different firms, yes. $r. Plummer: Ok, that's where the confusion comes in my mind. Now, the one that is,.. Mr. Perez, you are the architectural firm and you are joined together with another firm? Mr. Perez: With Landscape Architectual firm. Mr. Plummer; And that firm is from Fort Lauderdale? Mr. Perez: Correct, Mx, Plunger; Ok, but you yourself are of Miami? Mt, Perez; Correct. 123 APR 271978 Mt. Plummer: Then i agree with the Mayor. Mrs. Gordon: Well, is there construction to be done in that park? Mt. Perez: I beg your pardon? Mrs. Gordon: Is there a building to be constructed in that park? Mr. Perez: Part of the construction going in the park are buildings, yes. Remodeling and new structures. Mrs. Gordon: Well, I have no objection to you as an architect receiving that portion. Are you partners with the other firm, is that it? Mr. Perez: That's correct. Mrs. Gordon: Or have you joined with them for this venture? Mr. Perez: We are joined with theta for this venture. Mrs. Gordon: Well, I would ask you why you didn't join with a Dade County firm? Mr. Perez: Because we thought that in this particular case they were the best qualified. I would like to mention something. 416 Mayor Ferre: Go ahead. Mr. Perez: Our firm which is a Miami firm- is the design consultant with the fj,.m of Smith and for the administrative building of aroward County. I alsc:4ant to say that our firm,prior to the reorganization- we were reorganized about two years- we were also the architects to the City Hall in Miami Beach. I mean, the only communities that have been using City of Miami architects for the building and although I agree with the Commission that we should look first to the here locally, I think that we might have some kind of retaliation from other cities if we... Mr. Plummer: Well, just so Mr. Perez that won't stand there uninformed. Let me tell you where this Commission is coming from, ok. We today went to a park known as African Square and the architect which was chosen was an architect in the city of New York. He took a local agent architect here who had no power, no decision making and let me tell you that park was supposed to be finished approximately the first of December and because of this communications problem between New York and Miami, the landscape architect, New York and Miami, the contractor, that park is still not finished and by god this Commission just said this afternoon, "now we have had enough of that" and because of that this is why this is coming up controversial. We want people here that can stand up and make decisions now and not have to check with somebody in some foreign city. Mayor Ferre: Come on, Fort Lauderdale is 35 minutes away. Mr. Plummer: I didn't say Fort Lauderdale. I told you I am voting with you. Mr. Perez: Commissioner Plummer, I think that in the area of work that we have to do we have decision powers all the way. Mr. Plummer: If you don'tlsay so now. Mrs. Gordon: Well, the landscape architect who is Lauderdale will you tell us how you are arranging for your portion of the work to be done? Do you send men down from your firm to work here or do you contract with someone else here? UNIDENTIFIED SPEAKER: We are currently working on a City of Miami Airport and we are the prime consultant for the Naisez_..Transit Group. We are in Miami nontinually. I have employees that work for me that live here, Rev. Gibson; I didn't hear that, Mayor Ferre; Ae said he has employees that Live here. Are you the ones that did the Miami International .sport? UNIDENTIFIED SPA; Yes, sir, 1 124 Mayor Ferre: Ok, well I don't know,.. is Bill O'Leary around? and all you other fellows ate going to get upset with the but I got to tell you that's got to be the Most beautiful job that I have seen anywhere it a long long time. (BAC1tOROUND COMMENT o1F THE PUBLIC RECORD) Mayor Ferre: ... and I have never met you, I have never even heard of your firm before so... ok, we are on item 44, is there a motion? Mr. Reboso: I move 44. Mayor Ferre: Alright, Reboso moves, is there a second? Mr. Plummer: Second. Mayor Ferre: Second by Plummer, further discussion on 44, call the roll, as recommended by the Committee. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-297 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUCTION OF MELROSE PARK TO BE LOCATED AT N.W. 25 AVENUE AND N.W. 30 STREET, WITH THE FIRM OF STRESAU, SMITH AND STRESAU, WITH FUNDS IN THE AMOUNT OF: $3,600 FROM 2ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; $100,000 FROM 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND $22,500 FROM PARKS FOR PEOPLE BOND FUND, IN THE TOTAL -AMOUNT OF $126,100 IN ACCORDANCE WITH THE ATTACHED PROJECT DESCRIPTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None ON ROLL CALL: Rev. Gibson: I'm going to vote yes with the full understanding that Mr. Perez has said to us for the record that he has authority to make decisions. 125 euI4 7R 60. Amor= CVW MANAMA SELterED AttairralliRAL`f f ► MR Aar ' / : CONSTRUMON OP "14/Mi1 PAfi . " Mayor Vetre: Take up 45. Mr. Reboso: Move 45. Mayor Ferre: Moved, is there a second? Second by Plummer, as recommended by the Committee, further discussion, call the roll. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-298 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUCTION OF RIVERSIDE PARK TO BE LOCATED AT S.W. 4 STREET AND S.W. 8 AVENUE WITH THE FIRM OF AL PEREZ, WITH FUNDS IN THE AMOUNT OF $280,000 FROM 2ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $75,000 FROM PARKS FOR PEOPLE BOND FUND, IN THE TOTAL AMOUNT OF $355,000, IN ACCORDANCE WITH THE ATTACHED PROJECT DESCRIPTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre Jr. 1 126 APR 2 71978 61. AUTHORIZE CXD MANAGER TO 8ELECTIM ARC iITECT RAL `IIM bu ENTER INTO Act Wit : 03N1 RUCDICt CP "MENA, VISTA PARK." Mayor Ferre: Take up 46. Mr. Reboso: Move 46. Mr. Pluhnmer: Second. Mayor Ferre: Moved by Reboso, second by Plummer, further discussion, call the roil. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-299 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUCTION OF BUENA VISTA PARK TO BE LOCATED AT N.W. 52 STREET AND N.W. 2 AVENUE, WITH THE FIRM OF STRESAU, SMITH AND STRESAU, WITH FUNDS IN THE AMOUNT OF $191,581 FROM 2ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $60,000 FROM 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $251,581, IN ACCORDANCE WITH THE ATTACHED PROJECT DESCRIPTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None ON ROLL CALL: Mayor Ferre: As recommended by the Committee, yes. 127 APR 2 f 1978 62 AUTHOR= cm MANAGER SELECTSELECTgb ANCHITECTUtAL fIEM FOA ENTRRf ASV 'W/ : Cf k `i t of` "LEMON CITY PARK." Mayor Ferre: Take up 47. Mr. Reboso: Move 47. Mayor Verre: There is a motion on 47, is there a second? Mr. Plummer: Second, Mayor Ferre: Second by Plummer, further discussion, as recommended by the Committee, call the roll. The following resolution was introduced by Vice -Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-300 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUCTION OF LEMON CITY PARK TO BE LOCATED AT N.E. 58 STREET AND NORTH MIAMI COURT, WITH THE FIRM OF O'LEARY-SHAFER & ASSOCIATES, WITH FUNDS IN THE AMOUNT OF $157,873 FROM 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $50,100 FROM PARKS FOR PEOPLE BOND FUND, IN TH TOTAL AMOUNT OF $207,973, IN ACCORDANCE WITH THE ATTACHED PROJECT DESCRIPTION. (Here follow body of resolution, omitted here and on file in the Office of the City Clerk) . Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 128 APR 271978 yot tette: Take up item 56, Cuban Memorial Plata and Memorial Boulevard. Mt. ?liner : Move it. Mayor Ferret No, wait a minute, there is notion that this be deferred? Is this the same thing? Mt, l'o stnoen Mayor Ferret deferred? Mr. Plummer: Mr. Fosmoent Mrs. Gordon: Mr. Grassie: Mayor Ferre: No, in this case the bids came in twice over the budget. Well, they came over the budget, but with a motion that item 56 be We would like to just withdraw it. We would like to withdraw and readvertise. We want to withdraw it and rebid it. You need to reject. You want the bids rejected? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Grassie: we need to do Mrs. Gordon: Mayor Ferre: No, I guess we are informing you that I would reject the bids. What is simply not act on it. Ok, alright. Then it's just we don't have to act? 63. AUTHORIZE CITY MANAGER TO: - SELECT CONSULTANT AND NEGOTIATE CONTRACT FOR PARKING STUDY FOR COCONUT GROVE . " Mayor Ferre: Mr. Plummer: Item 57. Move it. Mayor Ferre: Alright, it's been moved by Plummer, is there a second? Mr. Reboso: Second. Mayor Ferre: Second by Reboso. Under discussion, Rose. Mrs. Gordon: Now, ok under discussion where is the money coming from? Mr. Fosmoen: Mr. Plummer: Community Development. Who is the firm? Mr. Fosmoen: We have not selected a firm, sir. We are asking for your permission to seek proposals. Mr. Plummer: Mrs. Gordon: Mr. Plummer: choose? Mr. Fosmoen; Mr. Plummer; Mayor Yerre; Mrs, Gordon: You will bring back for finally approval the firm you choose? J. L., talk in the mike they can't hear you. They will bring back to the Commission for approval the firm they If that's your desire, sir. You better believe it. Alright, is there further discussion? yes, i just simply want to state again that the need for the consultant 129 APR 271978 Seems superfluous. However, fat the matter of the record Mrs Tos:toen) will you state why you feel it's mandatory you have a consultant. irtg. Fosmoen: COMMissioner, we currently have four vacancies in the Planning Department we ate trying to fill. 1 think that this particular job cannot wait until that happens. I think we need to move ahead to solve the problem of parking in the Grote as quickly as ve can. Mayor Ferre: I only have one problem. Would you write Mr, Marshall Harris and explain that to hitn? Mrs. Gordon: Yes. Mr. Fosmoen: Yes, sir. Mayor `erne: and here is the letter. Alright, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-301 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR AND SELECT A CONSULTANT, AND THEREAFTER EXECUTE A CONTRACT WITH SAID CONSULTANT, FOR A STUDY OF PARKING NEEDS IN COCONUT GROVE VILLAGE CENTER, WITH FUNDS THEREFOR NOT TO EXCEED THE AMOUNT OF $15,000 ALLOCATED FROM COMMUNITY DEVELOPMENT 3RD YEAR CONTINGENCY FUND, AFTER APPROVAL OP SAID CONSULTANT BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: 00ES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 64. CCUFIRKING TTICN: "DIPLCIAT WORLD ENTERPRISES-WATSON ISLAND PLAN CastEPT AND DiICS. " Mayor Ferre: Alright, now the only thing we have left... alright, we got a couple more things here. What you have before you is a resolution approving the preliminary drawings and financial feasibility reports presented by Diplomat World Enterprises Limited in accordance with terms of article III of the agreement between the City of Miami, Florida and Diplomat World Enterprises Limited dated November 11, 1977. Mr. Plummer: I moved it this morning and I'll be happy to move it this evening. Mayor Ferre: Alright, is there a second? Mr. Reboso: Second. Mayor Ferre: Alright, there is a second, further discussion, call the roll. 1 130 The following resolution was introduced by Commissioner Plummer, who Moved itS adoption: RESOLUTION NO. 78-302 A RESOLUTION APPROVING THE PRELIMINARY DRAWINGS AND FINANCIAL FEASIBILITY REPORTS AS PRESENTED BY DIPLOMAT WORLD ENTERPRISES, LTD. IN ACCORDANCE WITH THE TERMS OF ARTICLE 3. OF THE AGREtHENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND DIPLOMAT WORLD ENTERPRISES, LTD, DATED NOVEMBER 11, 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None 65. EMERGENCY ORDINANCE: ALLOCATE $25, 434.00 FOR "AFRICAN SQUARE PARK." Mayor Ferre: Alright, African Square Park. Would you read the ordinance please? Gibson moves, Plummer seconds. (THE MAYOR READ THE ORDINANCE INTO THE RECORD) All members of the Commission and public have copies before them. Further discussion, call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY 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 "AFRICAN SQUARE PARK"; APPROPRIATING THE FOLLOWING FUNDS: FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, THE AMOUNT OF $25,434, AND FROM THE PUBLIC SERVICE EMPLOYMENT PROGRAM (CETA TITLE II) TRUST AND AGENCY FUND THE AMOUNT OF $61,991, FOR A TOTAL ALLOCATION OF $87,425; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gibson and seconded by Commissioner Plummer for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Plummer, adopted said Ordinance by the following vote: A_ YES; Coteissianer Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES; None SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO, 8795 The City Attorney read the ordinance into the public record and announced that copies were available to the gibers of the City Commission and to the public. APR 27 1978 , &NORM CITY mast =ant AOfEEMENT WITH: "62ND STREET ET COMMUNITY DEVELOPMENT CORPORATION" POEM OPERATION ON & MAINTENANCE OP "AfRICAN SQUARE PARE." Mayor Perret There is an etcot►panitg resolution authorizing the Manager to execute the agreement vith the 62nd Street Community Development Corporation. Moved' by Gibson second by Piummer, further discussion, call the toil. The following resolution vas introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-303 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE 62ND STREET COMMUNITY DEVELOPMENT CORPORATION, A NON-PROFIT FLORIDA CORPORATION, FOR THE OPERATION AND MAINTENANCE OF AFRICAN SQUARE PARK, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS CONTAINED IN THE ATTACHED AGREEMENT COPY, UTILIZING C.E.T.A. POSITIONS FOR STAFF, FOR THE PERIOD APRIL 10, 1978, THROUGH SEPTEMBER 30, 1978, WITH FUNDS THEREFOR ALLOCATED FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS -CONTINGENT FUND, IN THE SUM OF $25,433.97, AND A FURTHER ALLOCATION FROM C.E.T.A., TITLE II FUNDS, IN THE AMOUNT OF $61,990.74. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre • Mayor Ferre: Alright, is there anything else and then we will come back. We've got several items on the morning agenda, but there are not public items. Mrs. Gordon: I thought we finished them all. Mr. Plummer: No, just one. Mayor Ferre: Well, we have some dates to change on meeting dates and that's going to take 10 or 15 minutes, so with your permission then we are going to get off of the morning agenda. The meeting is now recessed and we are now going to go into the Planning and Zoning Agenda. At this point the City Commission adjourned the regular portion of •the meeting at 8:10 P.M. O'clock. The Commission reconvened and thereupon resumed the meeting with the Planning and Zoning matters of the agenda. 67. VACATE AND =ION OF: N.W. 4TR AVENUE IN MINJUNGTICt WITH TENTATIVE PLAT #978 - "DIRIE PARK." Mayor Terre: At this point we have before ua item #3. Mr. Davis: This is Opt controversial Mr, Chairman, this is the closure of a street la connection with Dixie park, Mayor ?erre; Alright, we are now on item 03 which is a non -controversial item. Is there anybody here who wants to speak to item 3? If not who moves it? 3A, 132 APR_ 2/1978 Mts. Gordon: I'll trove it. Mayor Ferrel Rose Gordon moves, Reboso seconds 3A, further discussion, call the toil. The following resolution was introduced by Cotamissiotter Gordon, who moved its adoption: RESOLUTION NO. 78-304 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF (A) THAT PORTION OF N.W. 4TH AVENUE LYING BETWEEN THE SOUTH R-O-W LINE OF N.W. 14TH STREET AND THE NORTH R-0-W - LINE OF N.W. 13TH ST., (B) THAT PORTION OF N.W. 13TH STREET LYING BETWEEN THE WEST R-0-14 LINE OF N,W.. 3RD AVENUE AND EASTERLY LIMITED ACESS R-0-W LINE OF INTERSTATE HIGHWAY 95; AND (C) THE ALLEY LYING IN THE BLOCK BOUNDED BY N.W. 12TH AND 13TH STREETS AND N.W. 5RD AVENUE AND THE EASTERLY LIMITED ACESS R-O-W LINE OF INTERSTATE HIGHWAY 95, IN CONJUNCTION WITH TENTATIVE PLAT NO. 978 - "DIXIE PARK". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre NOES: None ABSENT: Mr. Plummer 68. VACATE AND CLOSE P'oRrav OF: N.W. 9TH AVENUE 'IN CONJUNCTION WITH TENTATIVE PLAT #1011-A - "TAOOLCY PARK." Mayor Ferre: Do we have to go with 3B and 3C? Mr. Davis: There are no 3B and 3C. There is a item four, sir. Manor Ferre: Alright, the next item is item 4, Tacolcy Park. Is this controversial? Mr. Davis: No, sir. Mayor Ferre: Is there anybody here who wants to speak on it? Mrs. Gordon: Move it. Rev. Gibson: Second. Mayor Ferre: Moved by Gordon, second by Gibson, further discussion on item 4, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-305 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION of N.W, 9TH AVENUE LYING BETWEEN THE SOUTH R-O-W LINE OF N, W. 62ND STREET AND THE NORTH R'-O-W LINE OF N.W. 61ST STREET, IN CONJUNCTION WITH TENTATIVE PLAT NO. 1011-A "TACOLCY PARK". (Here follows body of revolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution Was passed and adopted by the :envying vote; AYES; Mrs. Gordon, Rev. Gibson, Mr. Eeboeo and Mayor Ferre NOES; None ABSENT; Nr. Mawr 133 69. VACATE AND rrsvp, iotTIc CIS tcow PLACE IN CONJUNCTION VIM TENTATIVE PLAT #989. A j "YLAGLER S'1JIVISION. { Mayor Perre: How about item #i5. Mr. Davis: It should not be controversial, I don't think there is anyone here other than the applicant. Mayor Perre: Is there anybody here who wants to speak to item #5? Item #5? Alright, who moves item 5? Rev. Gibson: I'll move item #5. Mayor Ferre: Gibson moves item 5, is there a second? Mr. Plummer: Second. Mayor Ferre: Second by Plummer, further discussion, call the roll, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-306 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF COURT PLACE FOR A DISTANCE OF 150 FEET NORTH OF THE NORTH R-O-W LINE OF S.E. 8TH STREET; AND OF THE EAST - WEST ALLEY ABUTTING THE REAR LOT LINE OF LOTS 3, 4, AND 5 OF J. AUSTIN HALL'S SUB (2-48), IN CONJUNCTION WITH TENTATIVE PLAT NO. 989-A - "FLAGSHIP SUBDIVISION". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: dik AYES: NOES: None Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre 134 APR 27 V78 70. VACATt AND 0 : SONNYSONNYIPCOK Rb. tN CT/ WM TENTATtVE96 .. " /CAL CERrER 1ST ADDITION." Mayor Ferre: flake up item #6. Mr, P1tmmer: That's tot controversial. Mr, Davis: It should not be, sir: We had some objections on Zoning Board level. but they were solved. Mr. Plummer: Move it. Mayor Ferre: Wait a minute. Is this the thing that... Mrs. Gordon: Is the applicant here? Mayor Ferre: ... no, Bob Traurig? Mr, Davis: This is not Mr. Traurig's application. Mr. Davis: Is the applicant here on item 116? Is the applicant here on item #6, please? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Mr. Traurig was here on some item and he told me could he go get something to eat and told him... Mr. Davis: Mr. Traurig is here on item 117, sir. Mayor Ferre: Alright, on 7. I told him to go get something to eat and come right back. Mr. Davis: This is the street closure Mrs. Gordon: I'll move that... Mr. Plummer: I already moved it. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) f' Mayor Ferre: Alright, it's been moved and seconded, further discussion, this is the medical center thing, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-307 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF SUNNYBROOK ROAD, BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY OF N.W. 14TH STREET, BOUNDED TO THE WEST BY THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY BOUNDARY OF N.W. 11TH AVENUE AND BOUNDED TO THE S.E., BY THE NORTH WESTERLY RIGHT-OF-WAY LINE OF SR#836; IN CONJUNCTION WITH TENTATIVE PLAT NO4 996- "MEDICAL CENTER FIRST ADD". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote; AYES;; Commissioner J. L. Plumper, Jr. Commissioner Rose Cordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice Al Ferro NOES; None 135 APR 271978 , 1 71. DEN/AL OF APPLtCATICN FOR CHANGt OP ZONING AT 2526 S.W. erm STRaT Fri Rt=1 TOR-4 . Mayor Ferret Now, we are going to have to wait on item 117, until Traurig gets back. 8? Mr. Davis: This is an application by Mr. Dominguez, which was deferred from your meeting of March 16th, Mayor Ferre: Yes, he wasn't here. Mr. Davis: ... because he was not here. Mr. Whipple: Is Mr. Dominguez here tonight? Mayor Ferre: Alright, we are on item 118, is Mr... Mr, Davis: He has been advised of this and he has told our office that he was not sure that he wanted to continue with it. If he is not here tonight I would suggest that you drop it. Mrs. Gordon: Which one? Mr. Plummer: Move to deny. Mr. Whipple: Mr. Mayor, if I may. Mr. Davis: Item 118, sir. Mayor Ferre: Yes. Mr. Whipple: Richard Whipple, Planning Department. Mayor Ferre: Yes, Whipple go ahead. Mr. Whipple: Mr. Mayor, there has been a building permit issued on this lot for a single family residence in checking with the records of the Building Department today. ,Evidently they see fit not to continue, so I suggest either it be denied or... if it were denied it would solve the problem, sir. Mrs. Gordon: Ok. Mr. Plummer: You are not here on item 8 are you? Item 8? Mr. Davis: No, sir that's not the same Dominguez. Mr. Plummer: Ok. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: No, I just saw them running in the door like they had loss their glass bus and... ok, I move to uphold the Planning Department and the Planning Board on 8. Mrs. Gordon: On 118? So do I, second it. Mayor Ferre: Alright, there is a motion and a second on item 118, is there further discussion, call the roll. 136 Q R R .i 71Q7Q The following resolution was introduced by Cotunmissioner Plummer, who moved its Adoption: RESOLUTION NO. 78-308 A RESOLUTION DENYING THE CHANGE OF ZONING FOR LOT 59, BEACOM MANOR (8,121) BEING APPROXt- MATELY 2526 S.W. 6TH STREET, FROM R-1 (ONE FAMILY) TO R.-4 (MEDIUM DENSITY MULTIPLE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: NOES: None 72. DENIAL OF: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre APPLICATION FOR OJNDITIO1AL USE TO PERMIT RESIDENTIAL DEVELOPMENT OF P.U.N. - (Intersection of South Miami Avenue, South Dixie Highway & Brickell Avenue). Mayor Ferre: Since Mr. Reboso cannot vote on 9 and 11, we are going to hold those off until later on and we are going to now take up item 4110. Mr. Davis: This is an item with an application for P.U.N. which was deferred at your meeting of March 16th in order for the Planning Department to make a study of the area. The study has been made and was presented to you last Friday in writing. Mayor Ferre: Alright, is there anybody here who is an objector on item 1110? We have one objector. Would you raise your hands those of you that are objectors on iten #110. Alright, we are now on item 1110. The Planning Department recommended approval, the Zoning Board recommended approval 7-0. There were two objectors by mail, five opponents at the zoning, one proponent. Is the proponent here? Alright, would you please step forward and make your case? Mr. Portuondo: My name is Alonso Portuondo, I'm the developer of this property and I'm representing Southern Contractors. Inc.. 1110 Brickell Avenue. What we have proposed here is a Planned Urban Nature Development. We took it originally to the Zoning Board on the basis of 16 units which was feasible under a conditional clause of R-1 zoning. At the Zoning Meeting,the Zoning Board felt that although it would be aesthetically an improvement to have a P.U.N. in this property, we should not have a number of units greater than those that would be allowed under current platting. Since the Planning Department at that meeting determined that in effect a maximum of 13 units could be built with the lots as presently platted, they recommended that the project be accepted if the developer- that is me- would be willine to go down from 16 to 13 units. The project at that time was approved, in other words the Zoning Board recommended approval on that basis. I would also point out that the project has some points in its favor. One is that we are talking of only an 18% lot coverage, in other words, most of the existing greenery on the property will be left. Secondly by going to a P.U.N. system rather than going to a development of the property as currently platted, we avoid any exits on South Dixie Highway. As I'm sure you gentlemen know,one evident problem that you see there is you have two of the busiest intersections in Dade County. You have at the corner of South Miami Avenue and South Dixie Highway which is where the traffic turns to go down- town, Key Biscayne or what have you and then again you have a corner of South Dixie Highway and the Riekenbacker Causeway which is again an intersection where you have a considerable amount of traffic. Due to those circumstances we received the recommendation of the Planning Department, the unanimous recommendation of the Zoning Board, the recommendation of the Department of Transportation and so forth. This is where the matter stands at this point. 137 APR 271978 r Mts. Gordon; t have a question to the department, Mr. Fpsmoen or Mt. Whipple. tf this is not used as a pt1D, but is used it its platted .form, Reading your analysis even with it being less than hundred foot lots, how many actual building sites are there? Buildable building sites? Mr. Whipple: Commissioner Gordon, if I may put this slide on the machine it will indicate to you one initial scheme which gives at least eleven units on the individual site . Now, you will notice that two of the triangular sites which are larger, one is 10,000 or 11,000 square feet, the other one is 13,000 each containing one unit, hut it might be possible if you built smaller units to get an additional unit on both of those or one of those. Mrs. Gordon: You mean on the very point at the end of the lot? Mr. Whipple: That's right, the end point and also the other triangular lot there. Mrs. Gordon: Yes, which you understand and realize it would be an practically and impossible... Mr. Whipple: It does give the eleven units, I have indicated a range of 11 to 14 units previously. Mrs. Gordon: Eleven really is the maximum without the PUD. Ok, what I don't understand as far as the department's recommendation is concerned is why you would consider it a good approach to zoning to allow more than the maximum buildable sites would allow. Why would you even consider that as an approach? Mr. Whipple: Well, there is a couple of factors that have influenced our thinking on that point, Mrs. Gordon. The first one is what the ordinance presently allows. As a conditional use the ordinance allows a developer to establish a development of a planned unit nature based upon the calculation of providing one dwelling unit for each 6000 square feet of lot area. That is permitted by the ordinance if approved by the Zoning Board and the Commission. Mrs. Gordon: Right, exactly true, but that's why you have it as a conditional use and not a permissible use. If it was a permissible use it wouldn't be here today, they would just go down and get a permit. Now, the reason it's a conditional use is simply because it is not always a good plan or approach to cram as many developments onto a lot as you are recommending. Mr. Whipple: The second consideration aside from the ordinance which we feel has a bearing as to how this property is to be utilized is the situation that exists around the property. It is true that you have very nice large residential developments to the southerly section. However, you also will note then to the northerly or 4 across South Dixie Highway you have a different zoning classification out of RCA. If you will remember this RCA zoning was awarded by the courts and was based upon the peculiar circumstances and location of that property fronting on South Dixie Highway, on Miami Avenue at one side and being close to a very heavily congested area of Rickenbacker Causeway and U.S. 1. Mrs. Gordon: Whip, I know I sat on the Zoning Board through all of those things, I don't need a recitation about it. Ok, let me simply say again that there are only two locations on that map that are affected by that RCA and that is the point on the right and the point on the north on the top of the map and those are the only two areas that are affected byin any way shape or form- by the proximity to that RCA. The others are facing on the exclusive area of Brickell Avenue and ailment area and certainly not an area that even warrants single residences on the size of those individual lots. However, you have maintained in your report that that is ok. Mr. Whipple: We maintained that affronting on South Dixie Highway are not just two triangles, but a total of 11 platted lots which front on South Dixie Highway at this present time that could be affected by what happens on the other side, Mrs. Gordon: Where do you see eleven? Would you show me eleven? Mr. Whipple: 5,6,7,8,9,10,11. Mrs. Gordon: Well, yes if you could put a house on that corner down there I think it might be a house for a bird, but not for people, Mr. Whipple; You can also note that on the bottom portion on Brickell Avenue 1,2,3,4, 5 and 6 or you can leave those out... 13S APR 27 978 Mrs. Gordon: Ok. Mr. Whipple: ,,, puns ftotn South Dixie Highway to Brickell Avenue. Mts. Gordon; Mr. Mayor, I guess there are people here who are in objection that Would like to speak and... Mayor Terre: How many of you would like to be heard tonight? Alright. sit. Mr. Rabinowitz: Mr. Mayor and Commissioners, my name is Morris Rabinowitz, I live at 3020 Brickell Avenue. I have been for over twenty years and I built a home there. Before we go any further I would like to set the record straight as far as your study area. Mr. Whipple, will you please put the #/1 map on there? The #1 map from your area and let us show this Commission and the people present the true picture of the area not as far afield as the study shows. Mr., Mayor and Commissioners, first of all the study that was to be made was to be made of brickell Avenue as referred to in this study 'Lower Brickell Avenue'. The reason for the study in that particular area is the fact that the only ingress or egress to that particular area is Southwest 32nd Road and as admitted by your Planning Department and the study group. Now, they show that there are a tremendous amount of lots actually the record shows that there are only 18 houses involved in that whole area from 26th Road to 32nd Road on both sides.You will notice that there are six homes on the bay side of Brickell Avenue and there are 12 homes on all the other side of Brickell Avenue. Now, I say this7that to allow 13 additional families into a very small corner to come through that street again and as submitted by the developer also shows that every one of those 13 residences will only have space for two cars and nothing else. Every one of us living there now in those 18 homes has an area right on their lot for a minimum of 7 to 8 cars for any visitors, the others do not. This will add to the burden of Brickell Avenue traffic for parking, If any of you have ever come out there when any of us had -as it is now -more than seven cars, they park on the median strip and many of you Commissioners have been guests in various homes there and have also seen what the traffic situation is. Your study report also points out that Alice Wainwright Park parking problem is being solved, it is not being solved. At no time did anyone give the residents there the courtesy of calling us to a meeting except calling a meeting right in front of the entrance to Alice Wainwright Park with a few lower echelon people just to tell us, this is what we were told to tell you, that is no way to solve it. Also they show in the study report that planting has been put in the median strip to alleviate the parking. Now, if you will come out there you will see that all of that planting has been disturbed at one time or another and you can come out there on any Saturday and Sunday and see cars parked in the median strip pushing those plantings down, no one has paid any attention. We are concerned with that street, we have the right, we have invested the money there to put those buildings there. Also what the study report doesn't show is the amount of money, your study Commission didn't go into it to tell you that three homes alone out of the 18 have just finished spending an excess of the amount of the property of that little corner land that the developer paid for, three people on that street) on Brickell Avenueehave just spent much in excess of that amount just to enhance their own home. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Rabinowitz: Pardon? They've just spent that and so much still is going on there. You will notice how that is and you I think that by virture of the fact that all of us there have used all of this I think even the courts have recognized when two people have lived as a husband and wife they are entitled to a divorce. We by virture of the fact,no matter how that's been platted there isn't a house there that has been built on less than a hundred feet,and by virture of the fact that we have protected and developed that area in such a nice way now that the developer sees that we have done it so nice he comes in and says "you have done a nice job, now I want to go ahead and add some more houses because you have kept that street very nice". Mayor Ferre; Morris, what you can't do is keep them from building. Now, what you can do is perhaps stop them from building what they are proposing. Now, I think you better address yourself because as you know there is no confiscation of property in this country without due process and without payment. Now, you can do one of two things, if you want and if the people want to sell the property the 18 of you can get together and buy the property, that's one option and the second thing is to address yourself to the issue at hand, Mr. Rabinowitz; Mr, Mayor, the issue at hand at the moment is confiscation of our property. Now, it's just the other way around, Why is it that so often,,, 139 APR 271978 Mayor Ferret You can't deny theft the night to build on that property. Mr. Rabinowitz: That's cottect neither can you deny us the tight to keep our ptopetty the way we have had for forty years- we have maintained it and paid increasing taxes. Now, the people when they brought it they knew that it was zoned and subdivided, this was not acreage It was subdivided and platted as such. I for one have absolutely no objections. There are eight as shown by the Planning Board, there are eight houses that can be built, fine,build them on fifty foot lots with only eight cotutng out to Brickell Avenue- each one will then have a drive -way, each one will also be able to park 6 or 7 cars, I have no objection to that. Mayor Ferre: That's the issue. Mr. Rabinowitz: I do have objections to bringing 13 or more... Mayor Ferret Ok. Mr. Rabinowitz: ... we will have absolutely no parking area there, that is what I have the objection to. Mayor Ferre. Ok. Mr. Rabinowitz: ... and I think we have just as much right as the developer coming in with no intention of living there. Thank you. Mayor Ferre: Alright, next speaker. Mike are you next? 401 Calhoun: Mr. Mayor, my name is Mike Calhoun, 3029 Brickell Avenue. I realize we are here speaking to the issue of whether or not 16 units on a space where 4 should go, but also we requested a report to be made and your Planning Department has come out with this report which in effect has made it a part of this hearing whether we want it or not and it's difficult to address this problem without addressing this report. Mr. Mayor Ferre: Go ahead. Mr. Calhoun: I would like to take this report one step at a time. If you will turn to the facts of this report it states that there are 56, actually there are 56 developable platted lots rather than a hundred and twelve. As Mr. Rabinowitz stated) the report took in an area which is really not related to this, that perhaps came about because of a map that we turned in with this suggested solution to the traffic to the problem. There again there are only 32 single family structures rather than sixty one, so as Mr. Rabinowitz said "if you really go over the facts of this report it's a little ridiculous to consider the figures that came out in it". There are a minimum of 16,250 square foot plot sizes existing on this street and the 79,000 square feet on the bay. If you will turn to page 2, paragraph 2 where the gist of the Planning Department's recommendation is based on the fact that you have office building zoning across the streetlin quote. Now, if you will consider this area as Mr. Rabinowitz said and consider the professional usage of land across U.S. 1, it has absolutely nothing to do with this property and if they are basing their argument on that, I seriously question the validity of the entire recommendation if that is what they based it on. If their fear is that we will get office building usage unless we allow a man to come in and build 13 to 16 apartment units, which is what it is, then I seriously question this. I would rather take my chances in the court rather than here because I think that's prejudging what a judge or a jury would do under a given set of circumstances. That property across the street is across in another world, it's over 100 feet away across the main artery of Dade County. Now, it issues the word immediately across the street. Alright, if you want to use that analogy you can look to the south of this property where Dade County has their Parks Department Administration headquarters which is office use, so you could say that one of our properties ajoins Viscaya across a fence, not even a street, so if you want to use that argument we could just knock the whole neighborhood out and zone it office building and be done with it. Mayor Ferret You don't want to do that. Mr, Calhoun; The wordage in this report is highly questionable. We turned in a plat, if you will turn to figure #4 which was a suggested moving of the park entrances this was merely a suggestion. The City goes to great length to show that that would not work because you would have to take out some trees of the park. We merely drew a line on there showing how you can have a parking lot at the end of the street. 1 140 APR 271978 _•. I wish this microphone would teach there so I could show you what I mean, Mrs, dotdoh: It will come out Mike, just take it... Mt. Calhoun: Well, that's what I'm oftaid off as try adversaries point it out... Mt. Mayor, if you will notice tight bete this indentation and the City goes to great lengths to show that this plan is unacceptable, in quote,because it would Mean acquiring part of the park or property to patk on, Now, I suggest to you sit, who owns the patk? 1 don't know who we ate going to acquire it fromtthe city already owns it, tot only thatjthe city already has been destroying trees in the park. There is a great Capital Improvement Progratnthat has been going on in there constantly, there is a bulldozer in there working now as a matter of fact, god knows what for: This park was supposedly bought so that we could all walk through and observe the only natural hammock on Biscayne Bay in the City of Miami and here is a Capital Improvement Program going on in there right now. I at told there are lights being installed and heaven helps us if it's going to stay open at night and we have been trying to get it closed up at night, but it's open so that's another problem, but to criticize this plan... Mayor Ferre: Mike, I don't want to get into an argument with you, but the park isn't for 18 people it's for a lot more. Mr. Calhoun: ... I understand, but Mr. Mayor, this report that deals with this application refers that this plan is no good and throws it out because of this indentation which is just as easily could be drawn straight across like this and still have ample parking and that's not the issue, so I'm really bringing that up for attention of the board to consider when very nonchalantly and casually this report throws out a very good idea and a very good plan that could work and when you state in that report there are no capital funds around, they are spending capital funds in there right now for things that the park was not designed to accomplish. Mr. Mayor, this whole situation has been explained and explained. The City feels after much study and ado and we were preempted from going to the State Road Department or the Dade County Traffic Department. It very nonchalantly also states in there that the State Road Department would not approve of one thing, but would approve of another. Now, I submit to you sir, that we haven't gotten into the arguments of the park, we haven't had public hearings on that before this body as to what really ought to be going on there and to use that as an excuse to chill a plan so to speak, that would move the entrance of the park to the North, that would probably help solve the problem in this neighborhood immensely and yet tonight you aren't here really to vote on that and so this report has been really in effect turned against us because we met at your suggestion with the Planning Department and they have taken suggestions and information that we have provided and come back with facts from we know not where because we haven't been before the State Road Department. I'm sure if the City of Miami decided that it's in the best interest of this neighborhood and the community to put an entrance to the park at a certain location and if we all agreed on it I'm sure that that would be acceptable to the DOT or the State or what have you. We haven't had the opportunity to go before them with the city standing beside us so to speak, so I'm merely bringing that up the fact that somewhere down the road in the future we are going to have to address that problem. Meanwhile, back at the ranch, if you gentlemen allow this developer to develop his property as his application states, it's going to forever prohibit us from moving the entrance of that park to the North. We realize that your Parks Department does not want to move the entrance of the park to the North and it states in here for administrative purposes. Now, I submit to you sir, what administrative purposes do we need to run Alice Wainwright Park? I mean, are we using that as a headquarters for other activities? Why do they need an administrative headquarters or why does anyone have to meet there for that matter when this park was purchased merely for people to walk through to look at the last natural hammock on Biscayne Bay. To my knowledge there were no construction, contemplated or tee pee huts or pinics or any of this other stuff, this has all come along lately and this is another matter we should address. Meanwhile, I would strongly urge you that whatever that you allow to go on this property whether it be four homes or ten homes or what have you or 13 or 16 or whatever, that we leave that triangle vacant I think that is an absolute must, It very easily can be done.,. sir? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr, Calhoun: Sir? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Calhoun. ,., the developer owns that property he's got of the highway that is there, but you have the right, as the Commissioners voting on this, despite what the Planning Department suggests you have the right to allow the developer to build whatever you think is the 141 1 APR 271978' best interest of the City and the neighborhood, but to leave that corner vacant. That corder need trot be built oft and for us to decide tonight what to do with that corder is going to determine the future of that street. It's bad enough allowing somebody to come it to build 13 or 16 units in a neighborhood where there is only 18 houses to start with. Now, I submitted to you that I can't help what the City Attorney says or the planning Department or their motives or their reasoning and they can very well be entitle to their reasoning, but the fact terrains that what We do here tonight determines the future of this neighborhood, I submit to you air, when that street was closed up in the first place there was no public hearing on it and there was no hullabaloo with the State toad Department and a lot of other things. It was decided it was in the best interest of the city to close it up and Mt. Melreese had it closed up. Now, it's unfortunate we don't have that sate situation now, but I submit to you we need somebody fighting in our corners here... Mayor Ferre: You are doing a good job. Mr. Calhoun: ... rather than the neighbors having to come down here and get into a big argument with the bureaucracy every time. And I think that You have these Powers you have the powers to tell your City Attorney to go research his work a little bit more and to find reason and cause if we can do what we want to do there to the best interest of the neighborhood. There is no financial hardship on the developer. It's common knowledge he paid a price for it and turned around and sold it to himself, so to use that argument of losing money is ridiculous. That property has a very big value for even four building sites and I think it's ridiculous to let all of us have to pay the price to build a number of units in there that's still out in our street plus the fact of a poor operation of the park that we are going to be stuck Ok. with forever if that triangle is allowed to be built on. Mayor Ferre: Ok, Mike. Mr. Calhoun: ... so I reverently ask you to please consider the facts on this matter despite the Planning Department's recommendation and despite the motives and I'm sure they mean well, they are trying to preserve the neighborhood, but in fact we are having to suffer with all of this from bureaucracy squabblespand mind you)we haven't met with the Parks Department Head in this planning study. We find ourselves in a battle and what have you with people that we aren't even confronting with, so I think when it's all said and done down the road we are going to have to look at the operation of that park is the future of this neighborhood. Thank you. Mayor Ferre: Alright, thank you, Mr. Calhoun. Next speaker. Mr. Hagan: Mr. Mayor, Mrs. Gordon and gentlemen, I'll try to be very short as a matter of fact I promise I'll be very short. Mr. Plummer: Don't. Mr. Hagan: Yes, I will. Look back to what we just heard from Mr. Rabinowitz. Mr. Plummer: Judge, put your name on the record. Mr. Hagan: I'm Marshall Ader and my residence is 2800 Brickell which happens to be exactly adjacent to the property in question. I say think back to what Mr. Rabinowitz had to say because that's the crux of this matter, not what we do with the park, but what we do with the street and what we do with the people that have lived there for some years, what we do with their property as well as the property of the developer. Now, I understand very well that the developer has rights, he has rights which we cannot and do not wish to take away from him. As Mr. Rabinowitz said% if he wants to build eight units and the ordinances of this city say that he can build eight units, fine, but there is nothing that we can do, nothing that we want to do to stop them from doing that. Mayor Ferre; That's the issue. Mr, Hagan; If he wants to build three more facing out on U.S. 1 and he can do that,we can't stop him, If he wants to put in a plan unit development and I don't have any objections to that, I only ask that the density be reduced to a reasonable amount, Speaking for myself the plans which I have seen indicate that I'1.1 have five back porches looking into my 200 foot lot and I frankly don't Like that. Secondly, I don't like the fact that my property will be depreciated by somewhere betveen 50 and $75,000 by that kind of an action, If you want to make this fellow 142 APR 27 197$' Lich and flake the rich and bake the test of these people Lich, fotget what he is asking, give hit highrise development and then we will all get rich, but if you want to keep the tteighbothbod as it is then give theta the tight to put eight units oft Brickell and 1 think we will be reasonably happy. Thank you. Mayor Ferre: Judge, you ate a very articulate mat and you can do it with brief words and thank you, for your statement. Who is the next speaket7 Ms. McKenzie: I'm Lillie McKenzie, My husband and I built our home on Brickell Avenue extension 37 years ago and we have lived there every since: Ism not an authority on zoning, but I do know that this project as planned is utterly out of character with our neighborhood and will downgrade and devalue every home and at Brickell Avenue our little area out there is one of the few truly, beautiful residential areas left in Miami and 1 hope you will help us preserve it from the concrete jungle that's always encrooching. Thank you. Mayor Terre: Alright, are there any other speakers? Mr. Weiner: Mr. Mayor, Mrs. Gordon and the rest of the Commissioners, my name is Jack Weiner and I have lived on 3004 Brickell Avenue for the last 24 years and I have to say that I agree with my neighbors that have spoken before me. Thank you. Mayor Ferre: Any other speakers? Alright, on rebuttal Mr. Portuondo. Mr. Portuondo: Well, what I have to say is, first of all let me start by the worse. Evidently there is not even much need for me to comment on Mr. Calhoun plans since he disposes of my property without making any allowance for the fact that I own it, so there is not much to be said about that I think. As far as Judge Ader's comments are concerned I certainly want to say this. In our original plans for 16 units, we had three homes along your frontage and they were not exactly along your frontage they were on the other side of an inner road from your frontage with a fence and landscaping. We now have two that are approximately 80 to 85 feet from your property line, so we are really not talking about five back porches on your property. We are talking of two at a considerable distance, considerably more than you would normally have with a regular setback and certainly considerably more than you would have if we built a home next to yours, so I don't think you are as badly off as perhaps you may have mistakenly received the impression that you would be. A second point that I want to bring up again I made at the beginning. One reason I think for a P.U.N. type development and I believe it says something to our effect in the Code is when you have an awkward piece of property. This is evidently an awkward piece of property due to the fact that South Dixie Highway was developed through there, due to the fact that 195 was developed through there, obviously you have one block there that was cut in half. Now, I have lived in Miami for about 18 years now, certainly traffic in South Dixie Highway has increased tremendously, but specifically you have three to four building sites there who would have their driveways or exits directly on the corner of South Miami Avenue and South Dixie Highway. I would definitely think that this creates a traffic hazard. I cannot imagine a car turning in that corner which is a blind corner, coming down Dixie Highway and of course going up to another blind corner which is the entrance to the Rickenbacker Causeway. As a matter of fact from my investigations into the nature of this property. the property used to be zoned R-5- I'm talking about the park facing most of the homes there- at the request of the neighbors who did not want to have a condominium building facing their expensive and very, very beautiful homes. The park was acquired by the city and it is without question one of the most beautiful parks in Dade County. 143 1 APR 27978 i At that time the neighbors asked that that stteetbe closed because the traffic was going from South Muth to South Dixie through 32nd Ltd. and that's Btickell Avenue. At that point, that Avenue was closed. I think that most of the complaints that t have heard from the neighbors directed even more at that probletn than at a problem caused by a development of my property which, of course, will eventually be developed one way or the other is the traffic jam caused by the park, which surely is of dimensions which take 13 units be miniscule. But the fact is that you can't have it all ways and, you know, if you wanted a condo- minium -for some people out there asked for a condominium ,-and it was rezoned a condominium- and they asked for a park, and a park was made and they asked for a street to be closed, and a street was closed. I don't know what else to say. I will also say that the project itself is a beautiful one. It is home, made out of Wood, two stories, there is only 18% of our lots being covered by the home. The home is a separate home, etc. Most of it vegetation, about ninety some percent of it being left, vegetation is being added to it. I find it hard to believe that that is less attractive than a vacant lot to trash which certainly was the situation which I found when I first bought. But, those are my comments. I believe that the fact that it has had a recommendation of every Agency or body that has looked at the project is very symptomatic of the value of the project and I so it should be approved. Mrs. Gordon: Mr.Portuondo , how long have you owned the property? Mr.Portuondo: Ma'am, I own the property in a joint venture with a firm since About April of this year. Mrs. Gordon: For how long? Mr.Portuondo: Since about April of this year. Mrs. Gordon: When you purchased it, you knew what you were purchasing. Mr.Portuondo: I certainly did. Mrs. Gordon: You knew how many lots were platted, you knew... Mr.Portuondo: I certainly did. Mr. Plummer: May I ask a question, please. Do you own the property presently? Mr.Portuondo: My company owns it in joint venture with another company, sir. Mr. Plummer: May I inquire as to why it's for sale. Mr.Portuondo: We simply have a "for sale" sign on it at the request of our joint venturer,who is somewhat worried, of course, with the present proceedings. Mr. Plummer: Well, the reason I ask the question is that we find that so many times people come in, ask for improvals which upgrade it as far as the value and then we find that they sell it. Mr.Portuondo: That certainly is not our intention, sir. Mr. Plummer: It's on the record now and that was the reason I asked the question. Mr.Portuondo: Thank you. Mayor Ferre: A11 right, other questions...Mrs. Gordon. Mrs. Gordon: Mr. Mayor, I just feel this is a PUD, it is an inappropriate applica- tion for this piece of property, it downgrades the neighborhood, it is an imposi- tion on the character of the area. I disagree with the recommendation of the De- partment and-- they can't always be right, anyway--- so I will therefore move for denial. Mayor'Ferre: There is a motion on the matter, is there a second? Mr. Plummer: Mr, Mayor, we11 ,,1'li second the motion and then under discussion, Mayor Ferre; Under discussion, H. Flamer. 144 APR re 1978 NOES: ABSENT: Mr. Plummer: Mr. Mayor, 1 said oft this Commission; 1 be1ieve, and if not on this Co Mission I've said oh the zoning hoard, when the creation of the p.U.N, came about, the treason that that came about was that certain areas of this coMtunity 1 truthfully believed theft and do now,,- that the P.U.N. would be beneficial but 1 was most insistant that at the time the P.U.N. was put into being that it be done on a conditional use basis which left then the decision to this Cotirnission in those areas in which We felt that it would be beneficial and n those areas which we felt would be detrimental. ttt seconding the motion this evening, 1 do not feel that this is an area that would be beneficial for a P.U.N. and because of that 1 then have to exercise that safeguard which I have diligently fought for many years ago to second the motion for denial. Mayor Ferret Further discussion, now, call the toll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-309 RESOLUTION DENYING CONDITIONAL USE AS LISTED IN ORDINANCE NO.6871, ARTICLE V, SECTION I(6)(h), TO PERMIT A RESIDENTIAL DEVELOPMENT OF A PLANNED UNIT NATURE (PUN) AT THE INTERSECTION OF S. MIAMI AVENUE, SOUTH DIXIE HIGHWAY AND BRICKELL AVENUE, BEING LOTS 8 THROUGH 13 AND 58 THROUGH 69, BLOCK 57 (LYING S'LY OF DIXIE HIGHWAY); FLAGLER MARY BRICKELL (5-44). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre Vice Mayor Manolo Reboso None. igaa ON ROLL CALL: Mr. Reboso: I want to ask a couple of questions, if they go by single lot, how many units can they build? (INAUDIBLE BACKGROUND COMMENT) Mr. Reboso: Is this plan that I have here.? I have a plan here showing 11 lots. Mr. Fosmoen: Eleven, they can build eleven. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD) Mr. Reboso: etc. (BACKGROUND Mr. Reboso: Mr. Fosmoen: Mr. Reboso: titled to 13 Mayor Ferre: Mr. Fosmoen: So they can build 11, without coming in front RESPONSE OFF THE PUBLIC RECORD) of the City Commission, So, they originally asked for 16. That's correct. ...and the Department thinks that they should be en- , two more than they legally are allowed. Three more. Two. Mr. Reboso: Okay, I vote no. ON ROLL CALL: Mayor Ferre; In casting my vote, the determining factor in my view of this is several fold. First of all, I think that P,U.Ds are a tool to be used where you enhance the opportunity to upgrade the design and what you end up with is a better element than what you would have if it were done otherwise. In my opinion, this does not meet the test. The reason it does not meet the test is because it would impact on a residential neighborhood by creating a density which is not in keeping with the character of the neighborhood, There is a difference between having 8 exits on Arickell. Avenue and having,,how many do we have on the P,U.P.? 1 145 APR 271975 UM/DENT/PIED SPBAXB1U thirteen. Mayor Petra: Thirteen, so there is a difference of 5 ..,. Mt.Pottuondo:May 1 say sotething, Mr. Mayor, in effect the project itself only has One exit and one entrance. Mayor Ferre: The fact that the people would nevertheless have entry into Brickell Avenue or would have access, as I understand ityit has access to Btickell Avenue, would Mean that ail those units you have access into Brickell Avenue so the point is still valid. I just don't think that the City gains that much. I would hope Mr. Portuondo, that obviously this thing has already been denied because there is three votes for denial and ty vote is really redundant, Itm just saying this into the record. I would hope that you and the Administration could sit down and per— haps figure out a solution wherein perhaps the City might be able to accommodate a long sought-after goal and dream of creating an entrance for Alice Wainwright Park, and perhaps you still might be able to have an economic project. You may not be able to build 13..it might be 7 or 8, and we might plan a way of accommodating both you, as a developer, and the City's longterm goal. Obviously, the City would have to buy part of your property to do that and I would be hopeful that you'd pursue that at the earliest opportunity. I cast my vote with the majority and vote "yes" for the denial. 73, REQUEST PLANNING DEPARTMENT TMENT TO RESTUDY R-1B ZONING IN AREA BOUNDED BY SOUTH MIAMI AVE., S.E. 32ND RD. AND BRIG AVENUE AND FEDERAL HIGHWAY. Mrs. Gordon: Mr. Mayor, I have something further to say about this location before % we remove ourselves to another matter.. I would to..Mr. Mayor, refer Brickell Avenue back to the Planning Department for reconsideration of the R1B without consideration of the other areas that have no bearing upon Brickell Avenue. Brickell Avenue is totally removed from the other areas, it has a single entrance, it is an exclusive and affluent area where all the properties are built in conformance with R1B, and I would so move. Mayor Ferre: A11 right, the motion is that Brickell Avenue be referred again to the Planning Department to restudy the areas which are now R1B. Mrs. Gordon: Just Brickell. Mr. Plummer: Are you talking about Brickell extension? Mrs. Gordon: Yes, well, we are talking about this area, 32nd road. .Mr. Plummer: They are presently zoned R1, and what you are saying is to..for the Department to consider them to be R1B. Mrs. Gordon: Because of their uses in practical terms, being used as R1B. Mr. Plummer: As far as the study is concerned, I'll second the motion. Mayor Ferre: All right, there is a motion and a second for a study to be made, is there further discussion?..A11 right, Mr. Fosmoen. Mr. Fosmoen: We understand that that's not going to prevent the lots being built on that are platted as 50' lots? Mayor Ferre: We understand that. Further discussion. Mrs. Gordon: All right, call the roll and then I have a comment. Mayor Ferre: Okay, call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO, 78-310 A MOTION REFERRING BACK TO THE PLANNING DEPARTMENT THE AREA OF BRICKELL AVENUE BOUNDED BY FEDERAL HIGHWAY ON THE NORTH, SOUTH MIAMI AVENUE ON THE WEST AND S,E. 32ND ROAD ON THE SOUTH, FOR RECONSIDERATION OF APPLICATION FOR RIB ZONING; AND FURTHER 146 APR 27 1978 REQUESTING THE DEPARTMENT TO DRAW Up AN AMENDING ORDINANCE TO REQUIRE LOTS TO MEET MINIMUM SQUARE FOOTAGE REQUIREMENTS. Upon being seconded by Con issionet Plummer, the motion was passed and adopted by the following vote: AYES: Co"missionet nose Gordon Commissioner . . L. Plummet, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Mano16 Reboso Mayor Maurice A. Fevre NOES: None. Mrs. Gordon: Mr. Fosmoen, correct me if I'm wrong but if this area was zoned R1B regardless of how it is platted, wouldn't they have to combine two lots to build one residence? Mr. Fosmoen: No, ma'am. Mrs. Gordon: All right, then I therefore ask this Department to study the Ordinances as they are presently on the books for a corrective Ordinance that would therefore require the combination of whatever number of lots are necessary to conform to the R1B concept. Mr. Fosmoen: I understand your request and that is already in process. Mrs. Gordon: Okay, but I'm making it in a formal motion. Mayor Ferre: I think your motion would include that, your first motion, I certainly have no objection to that. Mrs. Gordon: Okay, I think we better make it for clarification. Mayor Ferre: All right, there is a claratory motion as expressed by Mrs. Gordon is there a second? Mr. Plummer: I second. Mayor Ferre: Further discussion on the claratory motion and call the roll. THEREUPON the roll was called and the vote was unanimous. Such clarification to the first motion was incorporated and appears as part of Motion 78-310. 74. GRANT APPLICATION FOR P.A.D. - 36/45 MAIN HIGHWAY. Mayor Ferre: We are now on item No. 7 because all the principals are present now. Mr. Davis: Item 7 is an application by Mr. Danielson for a P.A.D.at 3645 Main Highway consisting of 38 single family units. That includes the Manor House and this is for the purpose of platting this property into this site. This was originally before the Zoning Board as 41 units and was reduced by the Zoning Board and approved by them for your recommendation. Mayor Ferre: A11 right, are there any objectors present? (BACKGROUND RESPONSE MADE OFF THE PUBLIC RECORD). Mayor Ferre: You are in a way....Mr. Rice, we will recognize you for your state- ment in a short while. Mr. Plummer; Mr. Mayor, maybe in the essence of time, Mr. Traurig,,if we would allow Mr. Rice to make a statement possibly we might have shortened a long presentation to a short presentation. Mayor Ferre: Mr. Rice. 147 APR 271978 Mr. Rice: My hate is Jack R. Rice, Jr. and My office is at 2424 N.W. 1st Street, Mat', Florida, and 1 represent Mr. Charles bearing McCormick, who is the neighbor of Mt. Danielson in the northerly direction and he owns a piece of property ap- proximately the same size as Mr. Danielson. Arid as you'll see, he is referred to as Sam Brown, Jr. et alt but he owns all the way to Royal Rd., not that Red should be all the way to Royal Rd, as opposed to just the red on the Swanton site part. Originally, 1 had spoken against this project; however, inasmuch as the Plan- ning Board had approved it and all the other agencies, I then discussed the matter after we had a couple of long and heated arguments with Mr. Traurig and we have come to a settlement of issues. We know progress has got to proceed, we would like to keep the bayfront like it always has been but we recognize that this is R1B, he can put in a 10,000 square foot lot and you just can't stop progress and Coconut Grove has got to grow so with that in mind, 1 would like to read into the record this Reso- lution I have prepared that encompasses all of this. We have agreed to this Subdivision subject to the following conditions with Mr. Traurig and his client, Mr. Daniel, as agreed to: "1. A 20 foot set back ..." Mr. Clerk, did I get you a copy of the Resolution? Mr. Ongie: I have one. Mr. Rice: "1. A 20 foot set back from the property abutting the platted area on the northerly perimeter and no structure, temporary or permanent, shall be placed within said set back area." Mr. Clerk, 'southerly' was stricken from that. "2. The lot coverage shall not exceed 40% of the lot area. The minimum floor area for any structure shall not be less than 2500 sq. ft. nor more than 4000 sq. ft.(...and this is referred to as ac space or 1iv ng area, which Mr. Pawley called 'air conditioned space'and that is or, che plat that was submitted). "3. No fill shall be permitted which will increase the existing elc°.-.',c- tion of any portion of the platted property for purposes of determining the height of any structure." Thac means 'as is', land. "4. No structure shall exceed 35 feet in height above the existing eleva- tion of the subject property and no structure shall contain more than two levels of living area. The height may be measured to the main roof eleva- tion provided that the attic or roof structure shall not be utilized for residential purposes or living quarters." "5. The cul de sac located easterly of Lot 19 shall relocated" --and these words are added-- "not less than 40 feet south from the northerly perimeter boundary line adjacent to the easterly front portion of Lot 19." "6. That the roadway shall have a 45.." -six has been changed as contained in the Resolution, that will now read: "according.. the roadway.. commencing at the westerly front of Lot 12 as it proceeds in a northerly direction shall be as shown on the revised plat furnished this date, or filed this date."...because it has the curve in it, it isn't exactly 45 degrees. "7. The paved roadway" --'paved' was added --"in front of the Manor House as it runs parallel to the northerly boundary line shall set back from said boundary line a minimum of 12 feet.° "8. That said set back area shall have a planted greenery not less than 10 feet in height and of sufficient depth to screen noise or light from interfering with the peace and enjoyment of abutting property owners to the north." --That's my client. "9. Maintain the existing coral rock wall on the northerly permiter of the property." "10. That the following lots 1, 2, 3, 5 IS 6 and Lots 12, 13, 14, 15, 16, 17 4 18 shall have a minimum square feet per lot of 10,040. Lots 4 and 19 shall have a minimum lot size or square foot of 10,200. Lot 7 shall have a minimum lot size of 9,600 square foot." We have agreed to delete 11. 148 APR 271978 "12. The wall on Main Highway shall be no more than 4 feet." That was the recommendation of the Planning. Mt. Plummer: Four foot high. Mr. Rice: Four foot high. Mr. Plummer: Because it could be four foot wide. Mr. Rice: I don't., Mr. Plummer: Don't you want to make it clear for the record? Mr. Rice: Well, it's high, yes. But this is something between..the Planning Advisory Board. "13. An agreement in complaince with Article XXI-I, Section 5, sub- section (f) of the Zoning Ordinance No. 6871 of the City of Miami which shall include the restrictions as contained in this resolution and shall be subject to the approval of the City Attorney as a condition to the acceptance of the tentative plat." "14."---now this is the City's prerrogative--"that included by reference herein is the site development information and architectural features and materials as contained in the proposed planned area development as submitted by the applicant and those terms and conditions as imposed by the Planning Department not in conflict with the above paragraph (1) through (12) as per site plan dated 4-27-78." And that's the latest site plan. (INAUDIBLE BACKGROUND COMMENT OFF THE RECORD) Well, it's 4-10 but he has a new one that he is going to give you now. "15. Individual site plan approval by Urban Development Review Board and the Planning Department, zoned R-1B (One Family) as per ordinance No. 6871, Article XXI-1." "16. The plans on file as.referred to herein shall be considered exhibits (A) through: ,on file with the City of Miami Planning Department and Department of Administration for Planning and Zoning Boards." Now, that last thing is blank because the Planning Department did not have all of the information available...the number, but I think it should be a part of this resolution and the Planning Department will get it up and I can't see where Mr. Traurig would object because that is his record. Mr. Plummer: Your requirements are more rigid than the City's. Mayor Ferre: Thank you, Mr. Rice, are you sure that's all? Mr. Rice: Some of these things the City has in a Resolution. Mr. Traurig: Mr. Rice, I know it's funny but could you repeat 16 for me please? Mr. Rice: "The plans on, file as referred to herein shall be considered exhibits (a) through, .on file with the City of Miami Planning Department and Department of Administration for Planning and Zoning Boards." Now, that's the paraphernalia such as the criteria for construction, the trees on the area, all of this being required in Planned Area Development and all of them having been heretofore submitted, Mr. Plummer: Mr. Traurig, just for the record, do you concur...do you accept these..? Mr. Traurig: Mr. Plummer, for the most part, and when I say or the most part I really mean almost all of it. There were some people who also wanted to be heard but let me make this very brief explanation of the posture of this matter. What Mr. Rice has said is true. As reflected by your zoning fact sheet, the Urban Development Review Board recommended approval of this application for a conditional use of a P.A.D, in an R-1B district and the zoning board approved it on a 7 to nothing basis enclosing some conditions. Mr. Rice and his client have met with the architect, the applicant and with me on many occasions and we have reached an accord. What Mr. Rice has read to you, however, really needs some clarification because if the ultimate resolution is drafted based on what he read into ittI fear that there could either be some misunderstanding or there could be a problem ultimately in the administra- tion of this, 149 ry APR 21 978 1 l don't want to really nit»pick it and get involved in questions of semantics but 1 would like to call certain things to your attention. But actually 1 concur fully with Mr. Mice that we have reached an agreement which is mote stringent than the City's requirements and we ate please to announce that publicly. Before we go into this I would tell you that I'm here tonight not only with Mr. James Dearing Danielson but also with his family, with Mt. Charles Harrison Pawley and Mrs. Pawley, with Mr, Robert Graham, with Mr. and Mrs. Joseph Harrison, with a number of other people who have come here to support this applica- tion in addition to which I would like you to know that Mrs. Montera who lives im- mediately to the south of his property and Mr.Lester Pancoast have given me letters to read to you and I will not read those letters into the record since we have reached this accord. I don't know what other people will say about this but I do think certain things ought to be said on out behalf before we ask you to con- sider the resolution which Mr. Rice has submitted to you. Mr. Rice: It has been approved by the City Attorney, Mr. Traurig: With regard to the various subsections of the conditions which would be imposed, I would say that when he read item No. 2 he referred to square footage as..not less than 2500 sq. ft. not more than 4000 and then he said of ac space or living area. Well, the language that is shown in the plan is air conditioned space and I would not want the words 'living area' to be there because a porch might be construed as a portion of the living area and it was not the intention to limit the square footage by reference to porches or other outside living areas. Also, when he read item... Mr. Rice: While we are on that, I agree with that. Mr. Traurig: In item No. 4,he referred to the main roof and I believe he meant the mean roof elevation. And I think that there is a difference because there may be more than one pitch to the roof. Mr. Rice: The City Clerk has this resolution, don't you? Mr. Traurig: Well, 1 presume he has and I just want to make sure that any comment we make is considered by the Commission. Mr. Rice: I agree, mean roof. Mr. Traurig: Number 6, where he refers to the roadway,it's the roadway as re- flected on the plan which he has described. In No. 12, he talked about the wall on Main Highway shall be no more than 4 feet high. 0" Mr. Rice: I don't care about that. Mr. Traurig: Okay, Mr. made it very clear that residents of the Grove would not like this wall to be higher than 4 feet but it is my understanding that that 4 feet is the 4 feet of solid masonry and that there may be some deco- rative material on top of the 4 feet and we would like that to be clearly under- stood that we are not limiting any decoration or vines or other landscape materials within that 4 feet. On No. 13, when he talked about that we submit an agreement in accordance with the ordinance, obviously we have to do that. The language which he read to you is that "it shall be subject to the approval of the City Attorney as a condition to the acceptance of the tentative plat." The language does not say approval of the City Attorney, it says approval as to form and legal suffi- ciency, not as to substance. So, I would not concur with him with regards to that particular language. Mayor Ferre; Jack, you better pay attention. Mr. Rice; I'm listening. Mr. Traurig: With regards to Item No. 15,... Mr. Nice: No, .,.the reason why 13 is in there is because that is a provision of ypur Zoning Ordinance and it is there because there is a lot of common areas, this is a private development, it is not open to the public, you have to have a ticket to get in here, or you have to live there, you have to know somebody to get in there, they are going to have a guard at the gate and the roads are private. The open spaces are private, who pays the taxes on these areas, and it goes into fully in this article No. 23 as to an agreement having to be in accord that all the 150 APR 27 1978 property owners who purchase property in that subdivision purchase subject to this agreement and I just think that it is in the best interests of the City to have that in. Mr. Traurig: In the last comment that I have to make with regard to these condi- tions is that in item 15 Mr. Rice said that the individual site plan would be ap- proved by the Urban Development Review Board and the Planning Department. That is a condition which was imposed by the Zoning Board. I would tell you, however, that the Urban Development Review Board when it made.its recommendation said that the individual site plansfor each house ought to be approved by the Planning Department and in the event that there is any conflict it could be submitted to the Urban Development Review Board for resolution, of the conflict. We would have no objec- tion to the review by both agencies but as you know,in major developmentsfone of the critical things is timing and submitting to the Planning Department for its review gives us comfort because we know how well staffed it is and that it will ba given adequate review. We also know that you in your discretion have appointed outstanding members to the Urban Development Review Board and we compliment them in their recom- mendation of this application and we don't fear what they might do with regards to a review of individual plans, what we do fear is the time involved in calling a meeting and having additional administrative reviews. So we would ask you not- withstanding the fact that the Zoning Board suggested that it be a review by both the Planning Department and the Urban Development Review Board, that you go with a recommendation of the Urban Development Review Board which only said the Plan- ning Department. With regards to.... Mr. Rice: I have no objection as to what the record reflects being so, that really wasn't a concern of mine with the exception that we wanted to make sure that they build pursuant to this Planned Area Development that they've submitted. Mr. Traurig: In order to get along and complete this hearing I would like to make one final comment. Mr. Pawley who is recognized as one of the citizens most con- cerned about the growth the the Grove and the quality of architecture in the Grove and Mr. Robert Brown have spent considerable time with regard to this project. For me to deny Mr. Pawley the opportunity at least to address you and to have you vote on this either aye or nay without having even considered the plan which we are proposing, I think would be unfair to you as a Commission and be unfair to the people here who are interested in the outcome of this as well as unfair to Mr. Pawley who has accute interest in the outcome of this matter. Therefore, I hope you would indulge us to give him the opportunity to say just a few words to you and I would ask Mr. Brown also to say at least a couple of words, but briefly. Mr. Pawley and Mr. Brown. Mr. Pawley: Would you like to see the presentation, because I do have a presenta- tion to show you if you would. Mayor Ferre: Well, let me put it to you this way, I've been here since 7:00 o'clock this morning and I'm getting a little bid tired and we have at least another hour and one half of work so if you would do it briefly we would be very grateful to you. VISUAL PRESENTATION MADE AT THIS POINT BY MR. PAWLEY: Mr. Pawley: We will make it briefly. Maybe you can see it from there, I'm going to very briefly go through this presentation. That is the existing entry to this project. That would remain there is the gate in the wall looking from Main Highway into the property. Another view of that, quickly, it is a beautiful estate. Here you are in the estate, down at the water looking back up at...this happens to be a piece that has some lovely trees in it but they do not have to be removed in order to do this development. Here are some more views, I'll go very quickly through it. This is what is existing in the property, and this is where you are standing up on the looking down at the bay Again it is very secluded, it has groves on all sides. Actually, once this project is developed you would not know that there was anything there at all. That's one of the beauties of it, it is going to be a very private development. Normally I take a little more time in describing...that's looking down to the bay along one of the property lines again you can see the foliage that separates one piece of property from another. This is the manor housethat exists in the property, In the development we are repeating the use of these materials. We are using the 24 inch diameter column, cut piece stone and the clay tile roof, so the quality of this particular project will be repeated in all the houses that are going to be done on this project. Mrs. Gordon: Mr. Pawley, what kind of ranges are they going to be in? Mr. Pawley: The houses will run approximately $250,000 to $300,000, that is not including the land, I don't know what the land will be priced at,. 151 APR 2 71978 We are also using lock=blocks on the streets, in other words, all the paving... it will riot be regular paving, it will be lock -blocks stones in the driveways and on the streets, and those 24" columns will be repeated.. The houses down near the bay have to be lifted up because the level there is about 4 feet. Mrs. Gordon: 1 was also going to ask you if you had to fill near the bay. Mr. Pawley: No fill, there will be no fill on the project at all, we will then just lift the houses, and instead of using just smaller scale colutins for aesthetic reasons we would use the larger scale. Again, just a typical house, nothing very special about it just gorgeous. And these are details that will be repeated throughout the project. By the way, that's looking out across the boat area that is existing which they are trying to keep, which we will keep, and the canal, and a little pavillion and a boathouse. These are some other houses that I have designed that would give you an additional idea of the quality of the thing that we intend to put into the project.. Again, a great deal of wood use, keystone, tremendous amount of landscaping and sort of the key note to the privacy that we are going to develop in the project. Mr. Plummer: And are you going to develop approximately 38 houses that are going to look like this? Mr. Pawley: That's correct. And this is it, unless you have generally the project. We are extremely excited about it, we all the water, all the coral rock walls, the trees, and... some questions, that's have saved every canal Mayor Ferre: And while you should be proud, and my congratulations to you Mr. Danielson for really having selected I think two of the very finest architects that can really do the job on a property which deserves that quality. All right, are there any objectors, any other objectors? Mr. Plummer: Let me understand again, excuse me, I'm getting some very high mathematics, where is the gentleman who just presented the slides? Did he leave? Mr. Pawley, did you say that each one of those were going to sell for approximately $250,000? Mr. Pawley: It wouldn't be less than that. Mr. Plummer: In other words, y are talking about a minimum of $9.5 million of construction? Mr. Pawley: I never go through those numbers, I think of the aesthetics of the house once I know what's to be in it and I design it so...I haven't put together those numbers. Mr. Plummer: You better think about those numbers. Mayor Ferre: feel like we Mr. Theodore and I'm here A11 right, please, it's 9:30 P.M. and I'm sure Mr. Plummer you all do so let's move along. Zelman: My name is Theodore Zelman, my office is at 3300 Rice St., representing Mr. Robert Maytag, of 3173 Royal Road. Mayor Ferre: Would you point out where Mr. Maytag...?..Is that the little red piece at the top? Okay. Mr. Zelman: It's one of those red pieces right at the top. We have no beef with the quality of the project, we have no beef with preventing Mr. Danielson from developing his property into its highest and best use but we do have two basic objections to this plan. The first is density and the second is what it is going to do to the traffic on Main Highway. In our opinion, this density is not in keeping with the character of the neighborhood. They are going to put 38 bourses in this development where there is one now. If you look at the area there are not 38 houses between Poinciana Avenue and the downdown Grove area now on this one piece of land putting in 38 houses. The size of the houses is,.. 17 of the houses are less than 10,000 sq. ft., 20 of the houses are in excess of 10,000 sq. ft. When Mr. Plummer asked if they were going to be 38 houses that all looked like that, the Manor House sits on 63,480 sq. ft. of land. 17 of this 37 proposed houses sit on between 9,000 and 9,400 sq. ft, of land. The other 20 sit on approxi— mately 10 and 11,000 sq. ft. The houses in no way look like a 63,000 sq. ft. house. Second, the size of the density..are second objection is what it is going to do APR 271978 to the traffic on Main Highway. Now, when this was before the people from the Traffic and transportation Board, they tecotmnended against abproval this development ntiless there could be a left»tutu lane put on Main Highway in front of this development, Now, for what a left,,turn lane would do on Main Highway, I'm not going to use my remarks. 1 am quote from the words of a State Legislators in the laws of Florida 74,400, it's a Hill entitled "An Act Relating to Historic Preservation, designating Old Cutler Rd, as a Historic Highway," and in per- tinent part it states "Whereas, Old Cutlet Rd, provides a visible and tangible reminder of the heritage of the Mimi atea and represents a link with the past of the State of Florida which once severed can never be testoredt therefore, be it enacted by the Legislature of the State of Florida, that Old Cutler Rd, is hereby designated as a State Historic Highway, No State funds shall be ex- pended by any public body or agency for any of the following purposes: 1. To alter the physical dimensions or location of the ad., -.that in essence is what the developer is asking. Now, I don't really think I have to go into what a left -turn lane on Main Highway would mean to any of you who drive on this Rd, At the present time, it is two lane, scenic transportation quarters designated by the City Commission. Putting a left -turn lane, there in front of Mr. Danielson's t,rot,erty, in front of Mr. McCormick's property and in front of Royal Rd. is going to change the cha- racter, in order to do it, it can't be done with State funds. In addition, the Division of Archives and the History and Records Management of the Department of State has to be consulted and official approval obtained by them before any work can be done on it. Because it is a scenic transportation corridor, they will also have to go by special City provisions in order to get any approvals and it is not going to be able to be built with State money in any event. What we are saying is that for the benefit of 38 families, Old Cutler Rd. could not be changed, and the Act of State Legislature should not be controverted. And in order to comply with the Traffic and Transportation Board, in order to comply with the character of the community as it is now, we are asking that no variance be allowed here that any building be less than 10,000 ft., we are asking that the development be limited to a reasonable size so that no left -turn lane on Main Highway is required. Thank you. Mayor Ferre: Alright, Mr. Traurig, you want to_answer any of that? Mr. Traurig: I think I'd like to call Mr. Zellman's attention to two or three things, this isn't Old Culter Road, it's Main Highway. Mr. Zellman: It's part of the same act. Mr. Traurig: We understand that Main Highway has a special significance to this community. We are not encouraging the widening of Main Highway in any way whatsoever. I said at the Zoning Board Meeting that if the City required that we do it we would do it but very reluctantly. It is not our intention to do that. We want you to know that we are citizens of the Grove. Mr. Danielson, has been a citizen of the Grove most of his life, longer than almost everyone in this room, and he has a special love for the Grove and doesn't suggest that.With regard to the density, I want you to know that R-1B, if this property were developed in the R-1B without the PAD we would get more density than we are presently getting. With regard to a citizen of Royal Road complaining about the size of the lots in this subdivision. I would call to your attention that the lots on Royal Road are 100 x 83 to 91 ft., in other words, all these lots are 100 x either 83 or something between 83 and 91, so that the largest lot on Royal Road is smaller than our lots. With regard to the number of lots that we have which are under 10,000 sq.ft. I would say to you that the preponderance are over 10,000 sq.ft. He gave you the statistics. 21 are over 10,000, 17 are over 9,000, none are under 9,000. I think that the people who are most directly affected, the neighbors to both the north and to the south have urged your approval of this PAD. Your staff has urged approval. Your Urban Development Review Board has urged approval, and I ask you to uphold those recommendations. Thank you, very much. Mayor Ferre; Alright, further etateeeuta at this time. Mr, Ullman ; Could I just say something towards that? Mayor Ferro; Go right ahead. 153 1 APR 271978 Mr. Zellmdn : That, there Would be no need for a hearing if the Applicant felt that he could put more lota on this property than he's asking for with- out City approval, he'd be doing it without all this. One of the reasons that as many lots are being developed as ate being claimed is that the road in the subdivision is only 25 ft, in comparison to a 5C ft. road in most subdivisions of this size. Devon Road is only 25 ft., but there's only 5 houses on it. Maybe the lots on Royal Road are small but there are only 8 lots there. Here we're talking about 38 lots and it's much different in character from what the community now has. Mr. Traurig : Mr. Mayor, I have done a disservice to a lot of great people who have come here to tell you that they're interested in the outcome of this project and I would ask all those nice citizens of the Grove who are in favor of this project to have come here to support Mr. Danielson, at least to stand so that they can be recognized, and I would also tell you that Mr. Brown has just told me he didn't come here as an architect, but as a neighbor and if you want to hear from him as a neighbor he would be delighted to approach you and speak as a neighbor. As far as I'm concerned we have completed our presentation. Mr. Brown : ... only to say that I'm here in favor of the project because it's an intelligently and beautifully planned protect. It takes nothing from the City. It adds something to it, and I'm not involved in it. I'm a neighbor. Mayor Ferre: That's a very meaningful recommendation. Mr. Stoeber : Mr. Mayor, I have a statement to make... Mayor Ferre: Yes, of course. Mr. Stoeber : I'm Karl Stoeber , Department of Traffic and Transportation at Dade County,and I would just like it in the record,that this thing will not work if there is not a left turn bay put to provide for the left turning traffic into and out of this development. Mayor Ferre: Well, don't you have control of that? Mt. Stoebet: We have Contto1 of saying that 1 just said, and that's about the extent of it. (laughter) That's all in view of the time... that's all 1 watit to say. Mayor Ferret Well, 1 think that's an ittportant issue of that, it should be addressed. What's the answer from the City's point of view? strong statement. Mr. Whipple: Mr. Mayor, we did, have had considerable discussion regarding the Dade County's Traffic Department recommendation. We don't have a, resolve on it at this point. The Applicant's are aware that pursuant to base building lines toned street width requirements of Main Highway that the City and their process of platting of this property will request an additional 20 or 30 feet. Mayor Ferret I see. Mr. Whipple: Now, what will be done with this has to be ironed out with respect to the State Law and with respect to our Public Works and Traffic Department. Mayor Ferre: The thrust of my question then is, we do not have the administrative control where, if there is something else needed we can require for... we're not letting this thing slip out of our hands? Mr. Whipple: The control could occur at the platting stage, Mr. Mayor. Mayor Ferre: I see. Ok, I'm satisfied. Anything else? Mr. Traurig: We're happy to make the dedication. Mayor Ferre: Further discussion. Mr. Stoeber: And improvement at the developer's expense. Mayor Ferre: Mr. Traurig? Mr. Traurig: He sounds like he's from the County. Mayor Ferre: Mr. Traurig, is that acceptable? Mr. Traurig: No, sir. What he's saying is,... will require a great deal of debate by this Commission as to whether or not it will even be done. What he's saying is for this very small width along Main Highway, there should be a third lane, whether or not this Commission would want to break faith with people in the Grove who don't want a widening of Main Highway is something I can't, you know, predict right now. Mayor Ferre: Well... Mr. Traurig: But if it's going to be done on this one site and not done at the various schools along Main Highway or other traffic generators or destination points, then it doesn't make any sense. We will cooperate fully as citizens along Main Highway and we'll do what our proportinate share of the overall improvement would be if that's mandated by this Commission. Mayor Ferre: Ok, I just wanted to clarify the record. Anything else? Alright, what's the will of this Commission? Mr. Plummer: Mr. Mayor, I move for the approval of item 7. Mayor Ferre: There's a motion for approval. Mrs. Gordon: Second. Mayor Ferre: Second by Mrs. Gordon. Further discussion, Call the roll. 155 APR 271978 The following resoliitioii %as introduced by Comifissiouer Plununer, who moved its adoption: RESOLUTION NO. 78-311 A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA DEVELOPMENT (PAD) CONSISTING Ol' 3/ NEW ONE=FAMILY DWELLING STRUCTURES PLUS ONE EXISTING STRUCTURE FOR A TOTAL OF 38 SINGLE FAMILY DWELLING STRUCTURES ON THAT PART OF LOT "A" LYING EAST OF MAIN HIGHWAY: EWANTON HEIGHTS (B.52) AND A PORTION OF QUINTA MARINA (34-45) AND ALSO A PARCEL OF FILLED LAND BEING A PORTION OF, AND THE SOUTHEASTWARDLY EXTENSION OF LOT "A", EWANTON HEIGHTS, BEING 3645 MAIN HIGHWAY, AS PER PLANS ON PILE, SUBJECT TO REPLATTING AND THE RECORDING OF SAID REPLAT PRIOR TO COMMENCEMENT OF CONSTRUCTION: AND SUBJECT TO THE TERMS AND CONDITIONS AS HEREIN- AFTER SET FORTH, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: NOES: None ON ROLL CALL: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre Rev. Gibson: Mr. Mayor, let me make this comment because this is one of the few times I have seen so many people in the Grove agree on one thingsand I'm so happy) I want to vote, yes. Mayor Ferre: I'll say with 16 conditions. Rev. Gibson: Oh, well you know that. Mayor Ferre: Now, on my vote I want to state into the record I assume fu1lytPuffyy that your conditions that you have read into the record are all part and parcel of this. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Ok, as amended by the comments that you made. UNIDENTIFIED SPEAKER: As amended, yes. Thank you. DEE4rrp Con ariddrtr✓o► 11-10 75. A GRANT ONE EXTENSION OF VARI FOR APARTMENT BUILDING AND PARKING STRUCTURE — BRIQKELL AVENUE AT S.E. 25TH ROAD. Mayor Ferre: Alright, ladies and gentlemen we are now moving to item #12, to grant a one year extension for variance granted for an apartment building and parking structure at Brickel1 Avenue and 25th Road. Are there any objectors to this? Mr, Plummer: Any problems? Mayor Ferre: Are there any objectors present? Mr, Davis: No, Problems. Mr. Plumper; Move item 12, 156 APR 27197e Mayor Ferre; It has the tecoffMendation of the department? Mt. Davis: 'Yes, sir. Mayor Ferre: Aitight, there is a :notion by Plummer, second by Gibson, further discussion on 12, call the roil. Mts. Gordon: Oh, yes, I have a question on that one. Mayor Ferre: Alright, Mrs, Gordon has a question before you call it. Mrs. Gordon: I wish I didn't have to ask a question, I'm tired. The question is this was a zoning Board approval with a great number of variances and it was never an item that came before this Commission, but it did have and does have an enormous variance from the norm. I feel that in an item like this that this Commission ought to be supplied with backup material beyond what we have received and I feel that this item ought to be postponed until the next meeting. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon: ...nothing is going to happen because it's only for an extension and we be given the minutes of the Planning Board Meeting and all other pertinent material that would help us to decide. Mayor Ferre: Substitute motion by Mrs. Gordon, that this item be deferred, second by Plummer, further discussion, call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 12 was introduced by Commissioner Gordon, and seconded by Commissioner Plummer, and was passed and adopted by unanimous vote. 17 APR 2 71978 76. CONPIRRING RESOLUTION: AMID R OLUITON 75-62 IMPOSING coNartom ON SHOPPING CINTER LOCATED AT 1570 N,W, 26I'H AVE Mayor Ferret Take up item #11, Confirming Motion 78,-179, Mr. Davis: This is the Motion you passed regarding the shopping center. Mrs. Gordon: Oh, yes► I'll trove it. Mayor Ferret There is a motion and a second, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-312 A RESOLUTION AMENDING RESOLUTION NO. 75-62 WHICH GRANTED PERMISSION AT 1570 N. W. 26TH AVENUE FOR CONDITIONAL USE PARKING BY AMENDING THE CONDI- TIONS THERETO AS FOLLOWS: (1) INSTALLATION OF A SILENT POLICEMAN IN LIEU OF TREADLE DEVICE PREVIOUSLY SPECIFIED; (2) RETENTION OF SIGNS TO PROHIBIT LARGE SIZE TRUCKS FROM ENTERING PROPERTY FROM THE ADJACENT RESIDENTIAL STREET; ALL SUBJECT TO A ONE YEAR REVIEW BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None ,f.i. 77. PERSONAL APPEARANCE: MRS. DEL PORTILLD - REGARDING CONSTRUCTION OF SIDEWALK AT 3583 S.W. 17TH TERRACE. Mayor Ferre: There is a personally appearance by Mr. and Mrs. Del Portillo regarding the construction of the sidewalks on 17th Terrace. Yes, Ma'am. Mr. Davis: Mr. Chairman or Mr. Mayor, I'm sorry. The Public Works Department is in receipt of the letter which you have a copy regarding a request for installation of sidewalks on this property. The Public Works Department can explain it clearly if you would wish. Mayor Ferre: Your name and address for the record. Mrs. Del Portillo: Ok, Sonia Del Portillo, 639 Avenue in Coral Gables. We have constructed a house at 3583 S. W. 17 Terrace and in order to get a certificate of occupancy the City is requesting from us to construct a sidewalk along the base building line of the property which on this particular location is 9 feet inside of property on undedicated land, We have requested from the department of Public Works- and as much as we feel that this is the taking of private property for public use, it is not a restriction of our property because of the Zoning Ordinance, but is a complete deprivation of it to allow us to construct the sidewalk on the outside. They have told us- we have met with M. Parkes, in you know, we have been doing this for the last four months and they said no, that it had to be by the basic building line. We have requested why and where are you basing this decision. They said "well, we have a letter from fir, Rice"-- he happened to be here, I don't 158 APR P71 79 know whether he left or tot = came see the City Attorney and said that we had the power to do this. We studied the letter that was given to us, checked the status and so forth and to on and nowhere we could find where it says that private property could be taken for public use without just compensation or due process of law. I talked to Mr. `Vince Grimm on March 2nd and I asked hittiyou know, what was the city's position? he called file and he said that if we wanted the C.O. we had to construct the sidewalk where they were telling us to do it or else we wont get the C.O. and further that we were in the process of trying to obtain second variances from the city, but the city might or might not grant it.And I asked hits you know, 'does the city have the right to take private property without compensation or due process of law?' He said "yes I said based on what?", and he told me on the powers that we have. I requested froth him a written statement ' would you please tell me you know, in writing where you are basing your request?: he said "no, if you want that you will have to request if yourself from the City Attorney". That I did on March 7th and all of you received a copy of that letter. Subsequent to that we received annoucements from the City Attorney Office after I had talked several times here with Mr. Anderson and he was trying to see if he could solve the matter-- that they were unable to give an answer based on citizen request which of course)was annoying to me, but it probably was annoying to Mt. Grimm. Mayor Ferre: Alright, Mrs. Del Portillo0lets see if we can get an answer really from first Mr. Grimm and then I guess the City Attorney because your questions are legal. Mr. Grimm: Mr. Mayor and Members of the Commission, in a way it's unfortunate that this question is even here tonight. I'll apologize for the mistake that we have made in not bringing this to your attention at the time that the variances were granted by this Commission for these people to build on these lots. Had we brought this to your attention at this time1the dedication would have been part of the granting of the variance and this question would be academic. Aside from that however, we don't say to Mrs. Portillo that she must dedicate the land. Our question comes as to the location of the sidewalk. Mr. Homan,would you take those in front of the Commission, please? I also want to say too that the decision that you make tonight doesn't only affect the one building in question, but affects two other buildings not yet built. If you will look you will see that that isolated island there is what we are talking about. Now, two of the properties on the street have already been developed and have already set the sidewalks back in the proper location. Bob, I can't see what sketch we are talking about as the house is built. If you will look at the second picture on the left you will see the two story structure that's already built... Mrs. Gordon: The new one? Mayor Ferre: Yes. Mr. Grimm: ... and you will see that the grass constructed there, placed there, allowed for the sidewalk to go in the proper place. You will also see from the pictures the condition of the existing sidewalk on the remaining two. Now, our basic argument is that the sidewalk should be constructed in the proper location. Now, the advantages to Mrs. Portillo dedicating the property to the city are (1) she can't use it anyway, (2) she gets to take it off as a tax exemption, (3) she is not liable for any accidents that may occur in that area and under these conditions this an advantage to most property owners. Mayor Ferre: Didn't we give her a variance? Mr. Grimm: We gave her three variances and what I said at the beginning is I'm apologizing for the fact that we goofed. Had we brought this to your attention at the time I'm sure that the conditions that the Commission placed on granting these variances would have been the dedication . Mrs. Gordon; Absolutely, Rev. Gibson; I want to say that when you came for the variance I had gone out there, I seldom... I promise myself and god that I would seldom vote for any variances of any kind unless I see and I could not understand how we were letting you build up to that lot, but I didn't say anything, I wasn't smart enough, but when I went back out there and I saw the condition I said 'ah, I was right' ask my assistant. Mrs. Del Portillo; Mr, Flavor? 19 APR 271978 hev. Gibson: Knot, I want to say, sir you are analyzing this thing tight and I could appreciate your being willing to acknowledge that there was an oversight and now you want to make... Mayor Detre: Father Gibson, in the interest of time, Mrs. Del Portillo, we in this Commission Went out of our way to give you three variances and I personally 1 sympathized then and I voted with you, I'm afraid I cannot agree. It was a unfortunate oversight on the city's part, we should have Made it a requirement at that time. I'm sorry I can't agree agree With your decision. Mrs. Del Portillo: Could I say some other things if I may? Mayor Ferre: Of course. Mrs. Del Portillo: A variance you know, there is a hardship because everyoudy has their Zoning Ordinance and for those hardships we have to suffer you know, for the benefit of the community and the relief that we had for that hardship was to request variance you know, and that was done. Now, in this particular case you know, I mean, we requested and the city granted you know, a relief for that hardship. In this particular instance you know, what the city is trying to do is to take property for private use, not incidentally... the title needs not to be transferred and that's why I have been trying. It need not be transferred- forgive me because my tongue gets stuck at times- to the city. I can see it if it were private, but it's being devoted for public use and that constitutes ataking the constitution. Mayor Ferre: Yes, I know, but I want to tell you that if I had known this I would have insisted that it be part... Mrs. Gordon: I wouldn't have voted for it. Mayor Ferre: I would have voted against you if you hadn't done that. Mrs. Gordon: I would have too. Mrs. Del Portillo: Well, at this point I say the variances have been granted, ok, so that's part of the past. Now, our matter here is the validity of the City you know, to take property from us you know, without compensation. I mean, that's what I'm asking and if they don't have the right or the legal power to do that then I am requesting... Mayor Ferre: That's a legal question Mrs. Del Portillo. Now, you get yourself a good attorney and you go sue the City of Miami. Is there anything else you want to say? Mrs. Del Portillo: No, sir. Mayor Ferre: If I had known this I would have voted against you. Mrs. Gordon: So would I. Mr. Del Portillo: My name is Alonso Del Portillo, I live at 69 Velarde Avenue. I would like to know the opinion of your City Attorney about that. Is the city...? because the city is doing that every instance that they can, that is legal to take property without paying the legitimate owner of the property? Mrs. Gordon: May I ask a question to the Planning Staff? We granted more than just this one unit if I recall correctly, wasn't it? Mr. Davis: Yes, Ma'am. Mrs. Gordon: Ok, are the other two units constructed yet? Mr. Davis: No, they are not. Mrs. Gordon: Are they under construction, have permits been drawn? Mr. Grimm: No, Ma'am. Mrs. Gordon: Are those variances subject to review? Mr. Grimm; Unfortunately the three,,. no, to answer your question. Technically, no, We goofed, we admit that, 160 APR 271976 Mt, Plummer: Well, let the ask you this. Were there stipulations placed on those variances? Mr. Gritttm: That's what I said at the being Commissioner, had there been we wouldn't be here. Mr. Plutmuer: Were there any? Mr. Griti}m: No, sir. Rev. Gibson: I think we ought to have them understand that a variance is not a right: Mayor Ferre: Teti it to her. Rev. Gibson: A variance is not a right, a variance is a privilege and we gave the people's right as a privilege to you and now that we caught it, it seems to me that you ought to understand what has happened. Now, all we are saying to you is that you know... Mrs. Del Portillo: Well, we do understand what a variance is and we know that this is a relief available and that's why we requested and it was granted, but we also know that there are some rights you know, as to taking of land without payment for public use, you know and that wasn't disclosed to us at the time, had it been disclosed that it already had that condition, you know, maybe we would have filed different. It was not disclosed to us. Rev. Gibson: But, you wouldn't have got a right to build, that what... Mrs. Del Portillo: We would have built... I mean a different thing maybe. but... Rev. Gibson: Ah, but it was to your advantage to build what you now have. Mrs. Gordon: Could you have built three? Mrs. Del Portillo: Excuse me? Mrs. Gordon: Could you have built three units like you have it? Mrs. Del Portillo: Yes, I could have always built three single family residents there. Rev. Gibson: Yes, but that is not what you built. Mrs. Del Portillo: Well, the duplex, I'd have kept the one... Mayor Ferre: I'll tell you,what if you will voluntarily rescind what we did then we will forget about the sidewalk, ok. Mrs. Del Portillo: On what, excuse me? Mrs. Gordon: Two single family on the other two lots and we will forget about the sidewalk. Mrs. Del Portillo: Well what do you mean by forget about the sidewalk? that we should put it outside? Mayor Ferre: No, no . Now, what I'm saying is if we go back to where we were before do you want to volunteer that? Mrs. Del Portillo: Giving the land? Mayor Ferre; No, no not giving the land. You see we gave you three variances. Mrs. Del Portillo: Yes, sir. Mayor Ferre: Alright, lets forget about the variances, you don't have those variances and then you can have the land, Would you rather have that? Mrs. Del. Fortino. Would I rather not have the variances and keep the land? Mayor Ferre; Yes, 161 API 2rf 197& Mrs. Gordon: Yes. Mayor Ferre: Sure, Mr, Del Portillo: Mr. Mayor, the question is the legality of that, is that legal or is it not legal? nobody has answered that question and I don't know why. Mayor Ferre: 'You get yourself a lawyer and find that out. As far as I'm concerned you give us back the variances and you can keep the land as far as.., otherwise, we are going to proceed and you get yourself a lawyer. Do you want to give us back the variances? Mrs. Del Portillo: No, sir those have been granted to us, ' Mayor Ferre: Well, we would like to not granted to you, we would like to reverse that. Mrs. Del Portillo: Well, then you can do that, I mean, I guess, that's in your power to reverse a variance. Mayor Ferre: Do you want to give us back those variances? Mrs. Del Portillot No, I do not want to give you back the variances. Mrs. Gordon: Well, You've sidewalk where it belongs. even be here and you know, Mrs. Del Portillo: Well, based on what the city is an answer and I have been and I have not been given go to, you do not want to accommodate the city now and putin the I mean, you ought to be willing to do that, you shouldn't making a big fuss about it. the reason I'm here is because I have doing. That's the only reason, all I denied that answer based on what? Can that answer, that's why I'm here. been have they denied an answer been asking is do it or not? Mr. Plummer: Ma'am, look very simply they have given you the answer, the answer is no they can't do it. Mrs. Del Portillo: Why, sir? Mr. Plummer: That's the answer. Now, what they are also trying to tell you is very simply, you are trying to have you cake and eat it too, which we feel that you are not playing fair with us. Now, everyone else has always agreed to do such for the betterment of the community, not just their project and we feel that we the Commission bent over backwards to try to help you and now when we turn around and ask you to help us you are putting up a blank wall and saying no. Mrs. Del Portillo: Well, I... Mr. Plummer: Now, all we are saying is Ma'am, in the interest of fairness, in the interest of a better community we feel that you should be just as fair with us as we were with you and the attitude that we are looking at presently is not that. Mrs. Del Portillo: Well, I am sorry I disagree with you, that's your opinion, this is mine, the answering I have been requesting has been denied to us you know, we requested a variance- I know you are anxious to leave, sir- that we were entitled to request three times, we were requesting something that I think we were entitled to request. Mayor Ferre: Ma'am? Mrs. Del Portillo, I would recommend that you get yourself an attorney and you go to the courts and you treat this before the courts. Is there anything else to be discussed? Mrs. Del Portillo: Thank you, Mayor. Mr. Grimm: Mr. Mayor, I would like to say one other thing, I was not going to bring this up, but I feel I should. I even offered to Mrs. Del Portillo to build the sidewalk for her in the proper location at our expense, the taxpayers expense in exchange for the dedication on this one property and she said no. Mrs. Gordon: Why? That's unusual. Mrs. Del Portillo: Because 1 would take a loss. You know, when you consider the amount of the loss and you take one third of your property.,. Mayor Ferre: Is there anything else to be discussed on this item? Mr. Plumper: No, but I have a long memory, 162 APR 2 71978 Mrs. Gordon; Me too. Mr. Plummet: k.. d 10g bethoty. Mayor 1erre: Alright, is there anything else? Mrs. Del Portillo: No, air just for the record that 1 gave each one of you a booklet. Mayor Ferret Alright. Mrs, Del Portillo: ... with various correspondence. Mayor Ferre: Yes. Mrs. Gordon: Do you want it? Mrs. Del Portillo: No, I just want you to keep it you know, for the record so that you can , ok. Mayor Ferre: Alright, we will let the record reflect it. Alright, thank you, very much. We have items 9 and 11 and we also, have a gentleman that has been sitting here for about eight hours now, like we have waiting for us, David Fincher was not as patient as he and we are going to get off of the Zoning. We are now off of the Zoning Meeting because Reboso is about to leave since he can't vote on 9 or 11, but before we go to 9 and 11 we are going to go back to the regular agenda to finish up the items that we have which we have got to do. 78. GRANT REQUEST FOR WAIVER OF RENTAL FEES AT GUSMAN HALL FOR "MISS BLACK AMERICAN PAGEANT." Mayor Ferre: We are now recessed from the Zoning and we are back to the day agenda. Go ahead. Mr. Sissel: Thank you. My name is Noble Sissel, 5401 West Kennedy Blvd., Tampa, Florida. With the Miami -Dade Chamber of Commerce we are seeking to bring the Miss Black America Florida State Beauty Pageant to Miami with the Miami -Dade Chamber of Commerce as post. We have asked for as an inducement to have the city to have fees waived for Gusman Hall which is the site that the city feels they would like to show off in this particular event. Mayor Ferre: Is that lest for one evening? Mr. Sissel: It's three days because we will be doing a television show and need a day to setup and a day to rehearse and a day to shoot the show. Mr. Plummer: Is there an admission being charged? Mr. Sissel: Yes, to cover the cost of bringing the girls and they will be here for eight days. Mr. Plummer: Well, the point is, this is not for profit? Correct? Mr. Sissel: That's correct. Mr. Plummer: So, if there is any profit shown then you would be glad to put that back towards the fees? Mr. Sissel: Yes. Mr. Plummer: ,Becapse understand as a recently passed resolution when we waive any fees you have to give the right automatically to the city to audit your books. Mr. Sissel: That's correct. Mr, Plummer; ..,and if there is any profit it would go back towards defraydng the city's expenses. Is that understood? 163 APR 271978 Mt. Sissel: That's understood, yes. Mt. Plummer: Under that circumstance..: Mt. Grassie: There is a Cotnttiittee on fee waivers for Gusman Hall,has this question gone to them? Mayor ietre: Well, the Committee is you. Mt. Grassie: No. Mayor Ferre: Yes, the Committee is the administration. Mr. Grassie: But, not me there are three or four people to do this. Mayor Fette: No, no Mt. Manager, here is the way it was. We set up a special i : of $10,000 a year in which the Manager was going to be the administrator of and decide where we would waive fees. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Was it $15,000, so since your Committe won, we refer this to you. Alright, what else do you have? Mr. Sissel: In the television show that will be produced and syndicated statewide we would like to show-off the City of Miami with some film clips. We would like also to utilize- I think there is a band shell downtown for some outside exter.>r shooting and hope that the city's Publicity Department will work with us. Mayor Ferre: I'm sure that they would, then Father Gibson moves and Plummer that if possible that the subject to the approval of the Committee that the of use of Gusman Hall be waived and that the Department of Publicity cooperate: .girt; them as much as reasonable and possible, ok? Call the roll. The following motion was introduced by Commissioner Gibson, who moved i adoption: MOTION NO. 78-313 A MOTION GRANTING A REQUEST FOR WAIVER OF RENTAL FEES FOR GUSMAN HALL ON THE DATES OF JUNE 15, 16 AND 17, 1978, FOR THE MISS BLACK AMERICA PAGEANT, AND REQUESTING THE CITY OF MIAMI PUBLICITY DEPARTMENT TO COOPERATE. OP- Upon being seconded by Commissioner Plummer, the motion was passed and ad pt.: by the following vote - AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso and Mayor Ferre NOES: None. ABSENT: Mrs. Gordon 79. ACCEPT RECOMMENDATION OF coMMUNITY RELATIONS HOARD - AUIUJRIZE CITY MANAGER TO APPOINT TWO ASSISTANT CITY MANAGERS. Mayor Ferre: Now, we have item E left, Is there anything else Mr. Manager? Mr. Plummer; Yes, we got our zoning items. Mayor Ferre: I know besides the zoning because Reboso is leaving because he c vote on those two zoning items that's why we.,. E which is the Manager's recomL or whatever it is. Mr, Grassie: We are going to make this a brief report Mr. Mayor and Mewhers o tt}e City Commission, Mayor Terre; Excuse me, Joe. Did we vote on item 57, Mr, Clerk, Mt., Ongie; Yes, sir. 164 APR 271 Mayot Ferre: So this is the only item left on the tegular agenda? Mr. bngie: yes. Mayor terse: Altight, go ahead Joe. Mt. Gtassie: This an informational report for the City COMMission. You know, that we have been in the process of recruiting for a Assistant City Manager in our office Is discussing this because the position was held previously by a latin, we have discussed it with the Community Relations Board and after some considerable analysis on their partiit was their recommendation and one that I concur in, that the city should fill two positions rather than one and should take some affirmative action steps in this case so that we would have not only latin representation, but also black professional in that office and it would be my recommendation to the City Commission that you indicate your support of that concept through a motion since I do recommend it to you. Mrs. Gordon: What is that? Mayor Ferre: Alright, this is item E, Mrs. Gordon and the Manager is recommending that-- he is reporting to the Commission that he went to the Community Relations Board and discussed the item of the Assistant City Manager and that they recommended that two Assistant City Managers be appointed. Do you have the budget for that Mr. Manager? Mr. Grassie: For the rest of this year, but we will have to make some transfers to supplement. Mayor Ferre: Ok, that would be on the next budget? Mr. Grassie: Probably, yes. Mayor Ferre: Ok. Alright, any questions? Mrs. Gordon: Yes, a couple of questions. I understand your dilemma, but I wonder why there are so many other little boxes up on top as well as down below? It seems to be more than just one additional slot, it seems to be several. Mr. Grassie: That is not correct. Mrs. Gordon: It's not correct. It looks that way. Mr. Grassie: Well, are we talking about A.C.M.'s? Mayor Ferre: Yes. Mrs. Gordon: Or anything it just seems like there are more people on board up in the new structure than there is in the old structure and if I'm wrong I would like to know where. Mr. Grassie: Well, you are wrong. The only thing that is different from one to the other is the one additional A.C.M. position. Rev. Gibson: One additional? Mayor Ferre: He is replacing Paredes position with twoaas I understand it. Rev. Gibson: Booz-Allen,.. Mr. Plumper: No, that's not true now, you know, lets don't play on semantics, it's one additional slot there is one vacancy presently and one additional. Mr, Grassie: That's what we said one additional, Mr, Plummer: Well, ok, but we are playing on words. If we create an additional slot there are going to be two vacancies, Mr. Grassie: Commissioner, we have Pne vacancy now, we are going to hire two people, it can't be plainer than that, Mr. Plummer: Well, I understand that, but the wording of Mrs. Cordon was that there 1b5 APR 271978 is only one, but there looks like there is More that brie. It's true two people that are going to be hired. Mrs. Gordon: Yes, but one is a replacement and one is a new one. Mt. Plummet: Mts. Gordon: slots, but he Mr. Plummer: Rev. Gibson: Mr. Plummer: Rev. Gibson; Mr. Plummer: Rev. Gibson: Mrs. Gordon: Rev. Gibson: the record. because want there is That's fight, but there is only one new slot. t4ell, t know that as fat as A.C.M.S, but it appears there are other new says there aren't, so... Anybody got a problem? No, I... Then I move it. Wait a minute J.L., wait a minute. Then I don't move it. We don't need a motion. I don't think you need a motion. Let me make a statement before, Mr. Mayor and I want to put this in I'm in accord with two, I don't care if they get fifteen you know, to make my point and I haven't changed and I want to make sure everybody understands Gibson and I want to make this clarification, I said I wanted an Assistant City Manager, I told it openly and the Manager came back here you know, -remember when Mrs. Range and... I want to straighten the record and I'm not just for passing it over because I want a policy set by this Commission with an understanding of the ethnic composition of the city. I said to the Manager 'you know, the people who sit around the banquet table determine the mealiyou know, the menu.' I just want to put that in the record because the latin paper and the latin radio gave me hell, I want to say that for the benefit of everybody and they thought that I was trying to get the position that Paredes had, I've got nothing to do with Paredes, Paredes is gone. I asked for an Assistant City Manager who is a black man and said then to Mr. Grassie and I want to put it in the record, that I didn't give a happy hoot where you to get him. The Mayor said earlier today that I said I have a famous saying "don't go to Yale and Harvard to look for blacks, when you are going for black lawyers, go to Howard, ok. Now, I said all of that because I want to say this, I asked the Manager and I want to put this in the record and want everybody to know where I stand. I didn't said to the Manager 'here is a black that Theodore Gibson likes' - Mr. Mayor, I want you to hear this-... Mayor Ferre: I hear it. Rev. Gibson: ... I said I don't care I want him to be capable and competent because if he isn't he is a liability to me and if he comes and he doesn't perform I want you to fire him. I want you to fire a latin who doesn't perform, by the same token I want you fire a white anglo-saxon who doesn't perform and especially both latin, black and anglo-saxon don't have the right attitude, I want them fired. I hope you know what I mean by that. Now, let me go further, I said to the Manager I said Mr. Manager0ask Plummer, a group of blacks came in my office and said to me "I see the ad, I have applied, the Manager is about to make an appointment and the Manager hasn't interviewed any blacks around here'- I told the Manager all of this, I'm just putting this in the record and I am for whatever you have decided that's your business because you are going to have to live with it and when I don't get) you know, I'm going to be right here like I always am. Now, the Manager showed me a folder with about three hundred names. The Manager also said of that three hundred he had interviewed 35 , of the 35)20 of them were local. I don't know what he means by local, all those blacks I have seen and I have talked with they have not been interviewed. I just say this because I am a political creature right so I must answer to my constituents and I am the creature for white folk and black folk and latin. You see bow I vote here, you know, 1 vote for everybody, you need my vote. I just hope when the Manager makes his appointment and if he has made up his mind you know, that's alright, that before you annouce that you have talked with these blacks who have applied. I know a black woman who has applied, I know a couple of black men who have applied, locally. I hope they aren't going to be able to point their finger in my face and say "Qibson, you are a liar". The one thing I have not done in goy 63 years, I don't let people make me out a liar. Mr. Manager, I just thought I better put all of that in the record. 166 APR 271970 Mesa Gordon: 1 ought to put something in the record too. Rev. Gibson: fot the benefit of everybody because let me tell you what the blacks said to me "when you get ready to appoint a latin, he says I'll be damn if he is going out of the eity and look for one, but when he gets ready to appoint a black he will go look for one". 1 want you to know what is being said and 1 don't Want you to get angry. 1 just want the record straight which releives me, so that 1 could substantiate what 1 have said. The one thing you will learn about me if I tell you in private, I'll tell you in the public and 1 have yet to sit on this Commission and lie knowingly. Now, 1 may lie, but it won't be because i know I'm lying, ok. I'm through. Mayor Ferre: Alright, Mrs. Gordon. Mrs. Gordon: 1 haven't heard anybody yet say that one of those two is going to be a woman. Mr. Grassie, have you said that? Mr. Grassier No, and I'm not saying it now, Mayor Ferre: Alright. Mrs. Gordon: Well, I think everybody else has gotten a commitment, but me. Mr. Plummer: Wait a minute, Mrs. Gordon: You already got three of yours. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mrs. Gordon: Grassie, is it your intention to have a woman? I understand the Justice Department's letter is pretty strong from what I read today, that the greatest lack in the city appears to be the lack of women in high official positions in this city. It's a greater lack than there is of any other minorities. Mayor Ferre: Can't you find a black latin woman? Mrs. Gordon: No, you don't need the three because he has had some applications from qualified women. Mr. Grassie: And who is a handicapped veteran too, right? Mrs. Gordon: Well, no,you maybe joking and thinking it's real funny, but you are doing something right now to satisfy a request. Mayor Ferre: Well, I think the way to do it is this. Mr. Grassie,... Mr. Grassie: What I'm suggesting to you, in case... Mayor Ferre: Mr. Grassie, excuse me. Did you in your search or have you in your search looked for women? Mr. Grassie: Of course. Mayor Ferre: Have you interviewed women? Mr. Grassie: Yes. Mayor Ferre: Have you diligently tried to find an A.C.M. who is a woman? Mr. Grassie: I don't know what your definition of diligence is. Mayor Ferre: Well, ok. Have you given it adequate consideration? Have you given it your best consideration? Mr. Grassie: We have over three hundred applications and I have interviewed more than thirty people, at least 35 or 36 people, The people that I interviewed obviously are about 10% of the total who applied. That 1OX was selected based on their background as you could tell it from the resume. (BACKGROUND COMMENT OFF THE runic mow Mr. Grassie; If you consider that that is a diligent search? 167 APR 27197E Mr. Mutter: Let the ask you in a mote simple way. Mr. Grassie, did you interview fot the two positions keeping the Affirative Action Plan in mind? Mr. Grassie: Of coutae, the basic thing that I have tried to convey to the City Coi Missiott was that there existed an expectation on the part of cottMunity with regard td the filling of the A.C.M. position that was vacant because it had been held by a minority. Now, the process of snaking that appointment in my estimation was sensitive for the community because of the perceptions of the community, if that hadn't been a position already held by a member of a minority. It was for that reason that I discussed the problem with members of the Committee Relations Board and their advice was what I told you. Mrs. Gordon: Yes, but did they also... did you discuss with them the total lack of high positions for women in this city's government? Did you also discuss it with them? Are they aware of it? Mr. Grassie: I can't tell you about their awareness. It was not a major part of our discussion, no. Mrs. Gordon: Well, I have to quote you Mr. Grassie because you really don't consider that that is even a need to be a concern of yours. Apparently, you don't really consider the lack of women in government as a concern. You admitted that by saying "no, you didn't make that a subject of your concern". I hope you surprise me. Mr. Grassie: That's you interpretation Commissioner, that is not what I said. Mayor Ferre: Well, look... Mrs. Gordon: Did you say before I came back to the room that you had already made your selection? Rev. Gibson: No, he didn't. Mrs. Gordon: I was out at the early part of your discussion. Mr. Grassie: No, there has been no comment one way or an other on that. Mayor Ferre: Anything else? Mr. Reboso: Yes, I have one question. Rev. Gibson: Mr. Grassie, I want to be nice to you, but I don't want to be... I want to leave here tonight on the spot as I am. I have been on that hot seat for about three or four weeks. I would like to get this one in the record. Did you interview any blacks who live in Dade County or in the City of Miami for the position? Mr. Grassie: Yes, both. Rev. Gibson: Good enough. When you make the appointment I want to make sure - Mr. Mayor, I want you to hear this- and ask some of those blacks who have applied, ok and at that time after you make the appointment Mr. Mayor, I trust this would not be a impropriety or an imposition that the Manager will then say to this Commission in looking over the names, these are the people I interviewed and I understand - look, I understand this business of choosing your staff much more than you think, I'm in a system that we do it the way you do it, but we do some little things you don't want to do. I told you that privately. Now, I just thought I better put that out in the opening because there is no way in the world if I was interviewing for a City Manager even if I had my mind made up man 168 APR 2 71978 Mr. Grassie' with ttettbets of the trothtitunity Relations Board, attd their advice was what t told you. Mrs. Gordon: Did you discuss with them the total lack of high positions for women in this dity's government? Did you also discuss it with them? Are they aware of it? Mr. Grassie: I can't tell you about their awareness. Mrs. Gordon: bid you discuss it then? Mr. Grassie: It was not a tnajor part of our discussion. No. Mrs. Gordon: I have that that is even a consider the lack of you know, you didn't to fault you Mr. Grassie because you really don't consider need to be a concern of yours. Apparently you don't really women in government as a concern. You admitted that by saying snake that a subject of your concern. I hope you surprise me. Mr. Grassie: That is your interpretation Commissioner. That is not what I said. Mrs. Gordon: Did you say before I came back to the roots that you had already made your selection? I was out in the early part of your discussion. Mr. Grassie: There has been no comment one way or another on that. Mayor Ferre: Anything else? Rev. Gibson; Mr. Grassie I want to be nice to you. I want to leave here tonight on the spot as I am. I have been on the hot -seat about 3 or 4 weeks. I would like to get this one in the record. Did you interview any blacks who live in Dade County or in the City of Miami, for the position? Mr. Grassie: Yes. Both. Rev. Gibson: Good enough. When you make your appointment I want to make sure, -- Mr. Mayor I want you to hear this--wheh you make your appointment I am going to ask some of those blacks who have applied. Okay? At that time, after you make your appointment, Mr. Mayor, I trust this would not be an impropriety, or an imposition. That the Manager will then say to this commission, in looking over the names, these are the people I interviewed. I understand,. look. I understand this business of choosing his staff much more than you think.I am in a system, that we do it the way you do it. But we do some little things you don't want to do. I told you that privately. I thought I had better put that out in the open. There is no way in the world, if I was interviewing for the City Mananger, even if I had my mind made up, man. I'd call those Blacks in on the local scene, look at the hair,..even if I didn't like the color of their eyes. I would have gone clean. I told you this before. Okay. Let's move on Mr. Mayor. Mr. Reboso: One question Mr. Mayor. Mr. Grassie let me ask you something. What we are voting here tonight, is the five positions only. Right? The departments under each position, is that flexible? Can be reorganized? Mr. Grassie; Yes. If I find that the background of the people involved would call for reorganization, I would do it. Mr. Reboso: Okay. I want to say that, because Parades at one time had Human Resources, what is Citizens Services now, and Finance. Before Paredes left, I think his position was more weak in responsibility even though you told me at one time, no, we don't want to get an assistant City Mananger that is a token,assistant City Mananger. Mr. Grassie; I agree entirely with that, Commissioner. But I don't think that he ever held those responsibilities at the sane time. He used to have finance, and Budget Manangement and then he switched over to Human Resources. But he did not hold them at the same time. Mr.Reboso; Citizens Services? Parkins was under Paredes. Mr. Grassie: Yes, But not at the sae tltner 169 APR 271978' Mayor Ferre: Is there anything else on the subject? Mr. Plummer? Mr. Plummer: I make a motion ratifying the action of the Mananger. Mr, Reboso: I second the motion. Mayor Ferret Call the roll. Rev, Gibson: I am going to vote yes with the understanding that I want to see those names, so I can be more intelligent. Mrs. Gordon: I am going to say yes, and ask the Mannager to use his conscience. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 78-314 A MOTION ACCEPTING THE RECOMMENDATION OF THE COMMUNITY RELATIONS BOARD AND AUTHORIZING THE CITY MANANGER TO MAKE THE APPOINTMENT OF TWO MINORITY CANDIDATES FOR THE TWO POSITIONS OF ASSISTANT CITY MANANGER Upon being seconded by Vice -Mayor Reboso„ the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 8U. APPOINT COMMISSIONER ROSE GORDON AS REPRESENTATIVE TO DADS LEAGUE OF CITIES AND COMMISSIONER (REV.) T. R. GIBSON AS ALTERNATE. Mayor Ferre: Plummer moves that Rose Gordon be appointed to the Dade County Or League of Cities as the City's representative. Gibson seconds, further discussion? You are on the Board. We have to do this every year. Call the roll. Mrs. Gordon: Do you also appoint Father Gibson as the alternate? The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 78-315 A MOTION APPOINTING COMMISSIONER ROSE GORDON AS THE CITY OF MIAMI REPRESENTATIVE TO THE DADE LEAGUE OF CITIES AND APPOINTING COMMISSIONER (REV) THEODORE R. GIBSON AS ALTERNATE MEMBER, AND INSTRUCTING THE CITY CLERK TO CONVEY THIS INFORMATION TO MR. RUSS MARCHNER, EXECUTIVE DIRECTOR FOR THE SAID LEAGUE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYE$: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr, Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NQES: None, Mayor Ferre; Would the Clerk so advise Mr, Russ Marchner, the Executive Director? 170 A"P, 2717 81. CHANGE DATES OF CITY COMMISSION MEETINGS MR THE MONTHS OV MAY AND JUNE. Mayor Ferre: Now, we have the dates. We have conflicting dates. Mr. Plummer you wanted to bring this up for discussion on the May llth meeting. Let's look at our calendars. Go ahead Plummer. Mr. Plummer: The Florida League of Cities has a quarterly meeting May 11th which will require my attendance in Tallahassee. I move Mr. Mayor that the long meeting, which is both the Commission and the Planning & Zoning, be on May 19th. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-316 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF MAY 11, 1978 TO TAKE PLACE ON MAY 19,1978 CONVENING AT 9:00 A.M. O'CLOCK (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner REboso, the resolution was passed and adopted by the following vote AYES: NOES: None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre Mayor Ferre: I will be in Europe on May 25. Does anybody have a problem with May 31st? Would somebody make a motion? The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-317 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF MAY 25, 1978 TO TAKE PLACE ON MAY 31, 1978, CONVENING AT 9:00 O'CLOCK A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote AYES: NOES; None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre Mrs, Gordon; June 15 I will be out of town. That is the Planning and Zoning Meeting, so we can incorporate it in either the first or last meeting of that month. I would like us to take a position of not having that third meeting in the month, and just do as we have done today. Mayor Ferre; Yes, I agree. Mr. Orassie; That is the plan we are on. We are trying to avoid the,,,,.,, 171 APR 271978 Mts. Gordon: Don't we have to do it officially? Mr, Gtassie: No. What you ate required to do is have two meetings, which is what we do. Mt. Gordon: I think because it is shown up there, that I will move to take the Planning and Zoning and move it to the 22nd. The motion is to eliminate the Planning and Zoning on the 15th and have it June 22nd, at night. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 78-318 A RESOLUTION RESCHEDULING THE CITY COMMISSION MEETING FOR CONSIDERATION OF PLANNING AND ZONING MATTERS SCHEDULED FOR MAY 18, 1978, TO TAKE PLACE ON MAY 19, 1978, AT 7:00 P.M., AND RESCHEDULING THE JUNE 15,1978, COMMISSION MEETING TO TAKE PLACE ON JUNE 22,1978, CONVENING AT 7:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 82. GRANT ONE-YEAR EXTENSION OF THE DEVE OWE TT ORDER AUTHORIZED BY R-75-135 IN CONNECTION WITH "CLAUGHTON ISLAND." Mayor Ferre: That finishes our agenda. Now we are on Zoning. Mr. Alan Dakan: I was wondering if I could be heard on the Claughton Island matter? Mayor Ferre:Oh, I am so sorry. I told you we would take care of this at the end of the agenda. This man has been here since the morning. Mr. Alan Dakan: Seven o'clock. I didn't come this afternoon. Mayor Ferre: I apologize to you. Tell us what you have on Claughton Island. Mr. Alan Dakan: My name is Alan Dakan with the firm of High,Stack,Lazenby and Binder, offices at 100 Biscayne Boulevard, Miami. If you recall about 2 years ago, you passed an extensive Planned Unit Development application for Claughton Island. Subsequent to your passing the ordinance, the South Florida Regional Planning Council took an appeal to the Governor and the Cabinet, and as a part of the dismissal of that appeal, a stipulation was entered into between the South Florida Planning Council, the City itself, of course the developers. As a part of that stiuplation there was a time limit set as to when construction would be developed. That was not a part of your ordinance. That was something that was brought up by the South Florida Planning Council and was agreed to by all parties, As you know, the economic condition did take somewhat of a downturn in the last two years, and as result of the delays resulting from the appeal to the Governor and the Cabinet, in working out that problem, they were not able to get started in the construction within time. That time runs out May 1, this coming Monday or Tuesday I guess. We went to the South Florida Planning Council, at their regular April meeting, which was the first Monday in April, and secured from them an agreement to enter into a stipulation for an additional Pane year extension of time. We are now asking you to authorize the City Mananger to enter into the satire stipulation. The one thing 172 APR 2 7 1978 that the South l'lotida Planning Council did say, is they did not want any changes in the plan we have represented to them: we do represent to you, that there are no changes in the plan, that all we are asking for is simply a one-year extension in which to begin construction. Mrs, Gordon: How much extension? How long? Mr. Dakan: A one-year extension. Mrs. Gordon: And they granted it to you? Mr. Dakan: Yes, ma'am. That's right. So basically that is my presentation. We simply ask that you resolve. Mrs. Gordon: Do you think you will get going this year? Mr. Dakan: We certainly hope to. Mayor Ferre: There's a motion and second. Call the roll please. The following resolution was introduced by Commissioner Gordon, who loved its adoption: RESOLUTION NO. 78-319 A RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION OF THE DEVELOPMENT ORDER AUTHORIZED BY CITY COMMISSION RESOLUTION NO. 75-135 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote AYES: NOES: None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 83. DISCUSSION AND DEFERRAL OF: CONSIDERATION TO GRANT APPLICATION FOR CHANGE OF ZONING LOCATED AT 1616-36 BRICKELL AVE. FROM R-1 TO R-3A: Mayor Ferre: We are on item #9, with my sincere apologies to the applicants. I hope you understand the reasons why we did this was because Commissioner Reboso cannot vote, since Mr. Morley is the owner of the property, and he has a conflict. Let the record reflect that Commissioner Reboso is abstaining from voting on this item due to a conflict that he has. Now if you will step forward and present your case. Mrs. Gordon: Is he owner, or part owner or something? Mayor Ferre: I think he at different times has worked with, or for Mr, Morley, and I think due to that,he has a conflict, and therefore can't vote on the item, Would the staff give us a statement on item #i9? Fir, Plummer; Refresh my rea*ory why this was deferred. Mr. Robert Davis. Item 9 was deferred,....I remember it , because the applicant wasn't here, Unidentified person. Eaccuse me, this has not been deferred. This is the first hearing of this application. 173 MPK 271978 Mr. nutter: This is item 9. I am sorry. Mr. Davis: This is the first time before the Commission Mr, Plummer. I was thinking of another one. Jarauga was deferred, yes) sir) for them to get with the Planning Department and see if they couldn't make some adjustments. But this is the first time before the Commission. Mr. Whipple: Mr. Mayor and members of the Commission, this is a request for a change of zoning from R-1 to R-3. The department had recommended before the Zoning Board that the zoning be granted) and changed, and the Zoning Board turned down the petition unanimously. Mayor Ferre: It is R-3A. Mr. Whipple: I am sorry, it is R-3A. The Department's feeling has been, as the Commission may well remember, the numerous studies that have been done in the Brickell area, the Department has consistently recommended that the westerly or the northwesterly side of Brickell Avenue between 15 and 25th Road be rezoned to R- 3A . Mrs. Gordon: Would you explain why they turned it down? Mr. Whipple: Perhaps Mr. Davis could better respond to that. Mayor Ferre:Excuse me for a moment. I didn't realize, Item 9,...my wife and my sister own property within a 300 ft. area, and therefore I have to abstain toe. I don't think there is anything wrong with my chairing the meeting. I just won't be able to vote, or express an opinion. Mr. Davis: This was denied by the Zoning Board basically because of objections to the R-3A zoning itself. While the Department recommended for the change of zoning, the objectors stated their feelings about it,...the neighbors stated their feelings about it and the Board agreed with them that they did not want to see anymore R-3A zoning in that area. Mrs. Gordon: What did they want to be there? Mr. Davis: They are leaving it up to your good judgment I think Mrs. Gordon. Mrs. Gordon: Are any objectors here tonight? Mr. Whipple: The only other item the Department could comment on in addition to the plans and studies we have done in the past have recommended this. The Comprehensive Plan also recognizes a change of intensity along this area also. So the change as requested would be in accordance with the plan. Mr. John P. Rice: I am John P. Rice with offices at 888 Brickell Avenue, representing Morely Realty in this application. I would like the staff at this time to put the plat here which will show the existing zoning between 15th and 25th Roads, fronting on the west side of Brickell Avenue. You will note that the greater part of this property is already zoned R-3A and is directly across the street from R-5A zoning. R-5A zoning is the highest density multiple -family zoning in the City of Miami. It allows one dwelling unit for each 450 sq. ft. R-3A zoning permits one dwelling unit for each 1800 sq. ft. thereby having 25% of the density which obtains on the opposite side of the street. I attended several years ago the neighborhood planning studies and remember at that time Commissioner Gordon sat on the Zoning Board reviewing the Brickell Avenue study. At the time many of the people who lived on the west side of Brickell Avenue felt that the R-3A zoning was not dense enough and was unfair in view of the fact they had the higher density on the other side of the street. The Zoning Board decided at that time while they approved the general Brickell Study they did not go ahead with this rezoning, because they felt there might be something more beneficial to that side of the street. But nothing has ever happened, and obviously this is not a single-family residential district, As developers, we are trying to find a base point from which to depart for the planning of this particular site, In fact we have negotiatidns going on right now with several people who are interested in developing it for townhouses, One of them particular, is here tonight to try to see just what the sense of the City ComAission is on this property, Mr. $ank Green who would like to develop townhouses on this site within the limits 174 of the density appropriate to R=3A toh±hg, that being 30 units on this particular site, It consists of 6 lots, 50 ft, x 180 ft, Now I did not attend the zoning hearing, We were represented there by legal counsel, feeling that this was a perfunctory tatter that would be routinely approved inasmuch as it was part of the heighborhood studies, had been incorporated in the Comprehensive Neighbor- hood Plan, and we were rather surprised to find that it was rejected. I have learned that several people attended that hearing, and for good reason, stood in opposition to it. I think their reasons were a misunderstanding of the alternatives between R-1 and ft-3A. One of the things that concerned them was the fact that there are trees on the site that are very valuable and worthy of preservation, and that the change in zohing would thereby cause a destruction of these trees, Curiously enough, the opposite is true. The gound cover that would be permissible on each of these 50 ft.lots would be something in the area of 62%. Under R-3A zoning it would be 25%. They are also concerted about the possibility that people would looking down on single-family homes on the other side of the street, behind the property on S. Miami Avenue, again fearing that there are larger height restrictions. Again, it is peculiar but true, R-3A zoning permits a 30 ft, maximum height, and R-1 zoning you can go to 35 ft, Well, finally there was the matter of the density, the floor area ratio, I should say. If one were to build a single-family residential home on an R--1 site complying fully with all the setbacks, they could build a home that would actually be 124% of the ground area, on which that building would be located. Again, in R-3A zoning today that limitation is .5 percent. So 1 think these people that had stood in opposition in the past misunderstand the difference between these two zonings. Finally, the approval of R-3A zoning on this application, does not really approve the property, as far as how it is going to be developed. It establishes some new parameters within which we can come back to the City Commission and get approval for our project as it would be proposed at that time. The reason is that this property is within an environmental preservation district and requires the procedures of submitting this plan for approval. That of course ultimately would come back here too. So on this basis, that we think it is reasonable to rezone this property at this time from R-1 to R-3A. Thank you for your attention. Mrs. Gordon: Okay. Mr. Mayor, will you call the objectors, please. There are some objectors left here. Mr. John Lucas: Mr. Mayor, Mrs. Gordon, my name is John Lucas, I live at 1665 S. Miami Avenue, which is one of the properties that abuts the land area, which fronts on Brickell Avenue, sought to be rezoned. And I would be one of those property owners that Mr. Rice refers to, who would object to a two or three story apartment building overlooking the backyard of my home. Yes, I would, and do. But more import- antly, the objections I have, are to , not Mr. Rice or his client individually, but to the concept of placing that R-3A zoning on Brickell Avenue and the uses that the R-3A zoning would promote. Mrs. Gordon: What would you suggest? Mr. Lucas: I suggest it remain single-family residential, Mrs. Gordon, which is a highly profitable type of real estate operation. Economic need is not the real criteria facing us here. It is not a matter really of whether or not an individual can develop a piece of property profitably, but it is how much profit is going to be made.If I may,let me address myself first to the study that we talked about, zoning this thing R-3A, this strip on Brickell Avenue. It has been sited that there is a changed characteristic of the Brickell Avenue area. I have with me some photo- graphs I took just this Sunday that I would like very much to pass out to this Commission demonstrating the change that has taken place in that neighborhood, on which the R-3A is suggested to be a solution to problems. First if I may I will pass out three photographs of the property that is subject to this petition. They are at 161.6 and 1636 Brickell Avenue, and lots 29 and 30 lying immediately north of 1616, Property owners have bought on Brickell Avenue for the reasons of: its beauty, it characteristics, it's singular presentation, it's landmark position in the community, We all have investments on Brickell. Avenue and S. Miami Avenue and we invested our money there because of the quality and integrity of the neighbor- hood, I have a series of photographs taken randomly along Brickell Avenue which I would like to pass among the Commissioners so that you can assess what change has been taking place an that street that would warrant a change of zoning of these singlerfawily residences to two, r hree.story condimi,nium or townhouse 15 17 APR 27 1978 or patio apartments. Mrs. Gordon: Did you say you live on Miami Avenue or Brickell Avenue. Mr. Lucas: My home address is 1665 S. Miami Avenue, and I also own the land behind me on Brickell Avenue which is zoned R-1, and I, as an owner of the same characteristic of land that Mr. Rice is talking about, want to retain that as single family residential. I don't want you to change the zoning of my property to R-3A even though I own one on Brickell Avenue. These are views taken at random this Sunday showing the beauty of that street, the foilage, landscaping, the well -maintained homes, the lawns that arc .;-)-icalately kept. The center -median, kept at city expense which we, your taxpayers h.; support. The Immanuel Lutheran Church, does not represent a change in that neighborhood that would warrant apartment -type of complexes being constructed. A photograph of 1548 Brickell Avenue, a home...., purchased not for speculation,but is being remodeled at a considerable amount of expense by the owner. Homes on the bay.ide of Brickell Avenue in this same vicinity, and random pictures of one anc two-story homes between 15th Road and 25th Road. Mrs. Gordon: Where is the church on the map? Mr. Lucas: At 1770 Brickell Avenue, which is on lots 12 and 13. Mr. Plummer: Where are you, John? Who owns the house next to the property.Did you just recently acquire a second house? Mr. Lucas: Yes, sir, I did. And I will put a covenant in there that it will stay single-family residential for 20 years, Mr. Plummer. Mr. Plummer: 1 am not asking that. I am just trying; to get my 'hearini;s. li 7ou had a house that you remodeled sensibly on los 20 and 19? Mr. Luca,: (1n 17, 18 and the north half of 19, is where I . own lot to our rear. We own lots 20 and the south half of 19. i have a lame f.,II:ii Mr. Plummer: Was that the Spector home? Mrs. Gordon: Oh, that is right. That's were the Spector:; were. Mr. Lucas: These are random views on S. Miami Avenue, ....that parallels Brickell. Avenue which will the property over which the apartments to be built, on a rear lot line, would look. Now, one thing I might bring forth to you is this, that the sensitive areas of a home are not in their frontyard, which would be away from your change of zoning, but sensitive areas of a home are in the rearyard. Here is where the informal activities of family affairs occur. Sunbathing, the children in the pool, and the backyard barbecues, or what you do, which family relationships are in the backyard. A single-family residence of two or three -stories behind my home would be the same type of use, and not incompatible to me, but of apartments overlooking my backyard certainly would be, or any other who lived in the R-1 being overlooked by R-3A apartments. Now, those are pretty pictures that I have pointed out to you. Mrs. Gordon: You take very pretty pictures. Did you take them? Mr. Lucas; Yes, ma'am. a row individual Mrs. Gordon: I was asked what your profession is. I identified you as a very quailified appraiser, which I know you to be, and a former member of the City of Miami Planning and Zoning Board back in the 60s. Am I correct? Mr. Lucas: That is correct, I thank you for the remembrance. Those pictures that you have seen demonstrate the pride of ownership that these property owners show in their property fronting on Brickell Avenue and on S. Miami Avenue. All of them are uniformly well -maintained, demonstrating that pride, In all deference to Mr, Rice, I might point out, that the only two that are neglicted are those that are subject of this petition tonight. Which is the reason why I took those in color. Please loom at those photographs, Automobiles parked on the grass, unkempt conditions. The lot that they also own to the rear,,,,the property subject to this petition are 176 .kr,h< 2f! 9j , the only properties not well -kept on that street.......les, thit is th, first group I pass-16 and 1636-Brickell Avenue. Now, in fiii sin-'rrt , the applicant is asking to construct apartment buildings. And yes, he must c:orne back to the body to review his plans, to the environmental protection agency for review of what will be built there, and what damage to the trees will be made, but so did these people, who built R-3A buildings on Brickell Avenue farther to the south. Let me show you what is going to be built on this property. Please compare these photographs with the photographs of the maintained homes that I showed you.The lawns, grass, the maintained areas, instead of asphalt, with cars parking on the sidewalk. And what happens at the rear of those apartments, Mr. Plummer? Mrs. Gordon, and Rev. Gibson, please look at these photograehs.These were not spaced photographs. These were taken Sunday of this week. Randoml I walked out and took these pictures. 2200 Brickell Avenue....rear yard. This would be overlooking private homes on South Miami Avenue, rear yard. Please, sir when you do something about it, don't extend the use to other properties in that area. I an sorry. I imagine you recognize that I am not perhaps speaking, as obj ct 1y as I normally do in my appraisal assignments Mrs. Gordon. I would like to be objective but I can't. Rev. Gibson, Mrs. Gordon, Mr. Plummer, if those picture are not convincing to you, look at that one. Does Brickell Avenue deserve that: That is.... the address is shown on the photograph, that is a refuse carpet ti:at someone has taken out of the apartment and thrown in the backyard and it hae rottei right next to the Dempsey Dumster, right next to the water heater that was gutted out of an apartment and left laying in the backyard. Please, Brickell Avenue has a character. We paid our good money for the property, relying on the integrity of this neighborhood. It is an attractive street. Both South Miami Avenue and Brickell Avenue. What Mr. Rice suggested might be a be a perfunctory approval, could .act he a perfunctory approval, because this city commission knows that the application of the R-3A has brought hundreds of objectors, for what was happening on the other parts of irickell Avenue. I didn't show up perhaps because it was no concern of mine. But Rev. Gibson, you remember words like this. They came to take away the blacks, it wasn't my concern. They came to take away the Jews, it wasn't my con- cern. They came to take away me. There was nobody left to complain. It is not too late. Brickell Avenue is probably the most outstanding single thoroughfare that we've got. It is a diamond -in -a -rough of a community development. It is a beautiful street. I don't believe it deserves the type of development that these photographs suggest, a developer will do. I am not ascribing ill motives to these developers. Far from that. But when a piece of property in a sensitive neighborhood is purchased for profit motive, the developer recognizes it. He is going tc try to exact the most profit he can from that. How about us? Can we have our profit? Our profit is our living ability, our place to raise our family. We bought there because we want to be part of Miami and part of that pretty community. We are contributinf; our dollars and invest to maintain it. I suggest in response to what I am sure Mayor Ferre meant purely as a jest when he suggested it, Brickell Avenue South where the triangulation occured, and the traffic that would be generated, he asked Mr. Calhoun why don't you buy the property. We are not all able to do that. It was meant in jest I know. But I did buy one lot behind me. But I can't buy the whole world to protect me. 1 have to rely on you. You are the protection of the neighborhood. You are the people we elected to give the integrity to the zoning code. The Planning staff says the Comprehensive Plan suggests that this area would be, part of the Comprehensive Plan for R-3A. Part of a plan for rezoning sometime maybe.The zoning recognizes a changed characteristic of a neighborhood in order to be applied effectively. It is not applied to give economic gain to a developer. It is applied to preserve and protect a neighborhood, and I fear that in this case it will work the inverse. It is not going to protect anything. This neighborhood don't have to be protected by a zoning change. It must be protected from one. I know the hour is late. I know that I am a little bit emotional. You have been here since 7 o'clock this morning. I have only been here since 7 tonight. I do want to thank you for your long day, your dedication to your job in staying here with us this long. We stayed because it is important to us. I hope you will recog- nize how important it is to preserve that neighborhood even if someone cannot make as much money as they might want to, Money I don't think is the issue here, for money to be made. Thank you very much. Mayor Ferre: Any other speakers in opposition? Mrs, Fernandez; My name is Fernandez, I am a resident at 1642 Brickell Avenue, That is lot #124 which is directly adjacent to the property in question I won't keep you very long. I am sure that Mr, Lucas' presentation has been very effective but I too would like to state my opposition and ask. this i 177 APR 2 71978 commission to give the single=family dwellers a fair opportunity to survive in Brickell Avenue, We too are entitled to the so-called Brickell living that developers are so quickly exploiting today. In all fairness the privacy of our hones will be affected and that is one of the most cherished values in our system of government and our traditions. Further to that in a more practical manner; you can drive down Brickell Avenue in any given night especially on the weekend and you will find cars parked all along the sidewalk in the 3A zoning areas because these developments do not have enough parking spaces for their own tenants. So they cannot accomodate visitors, family etc, and you have this parking problem. Finally I would like to have the commission to give full way to the Planning. and Zoning Board's unanimous decision and recommendation to dhmny this petition. Thank you. Mrs, Gordon: How far from this area is the last R-3A? Point to this property. Ms.Selma Alexander: It will come up oa the agenda next. Mr. Plummer: Explain your last statement. Ms.Alexander: R-3A is from approximately 26th Road, up as far as 20th Road on Brickell, is R-3A, is already zoned R-3A, not in use at the moment. It is coming up next. I am Selma Alexander, 2323 S. Miami Avenue, for the record. 1 e have lived there since 1942, for the record. I have probably been at every Planning and Zoning Board meeting and every City Commission meeting that had to do with the R-5A and R-3A and I have said publicly, more than once, that R-3A developed an instant slum, but I never had anything to prove it until tonight when Mr.Lucas came in with the magnificent slides that showed just exactly what happened. What happened in back of my neighbors with the dumpsters on great high walls, and the trash drifts over into their beautiful gardens, and what is likely to happen to me. But it is instant slums, as much of it has been developed. They talked about all kind of extra studies for ttie Brickell area. The R-3A is obviously not the right zoning. It is not correct. I am not against some kind of development and progress, but it is still an environmental preservation district. The R-3A in practice is either bad zoning or it has been not effective or it has not been administered properly, because it is my con- sidered opinion that most of these things are over -built for this zoning.There has been too much lot coverage and I have no way to prove it really. 1 have stepped things off, I have reported it, but nothing has ever happened. I got some fins taken off one building. Yes, that I did manage. With the exception of one development, that is a private residence, with big gorgeous gates, the rest of it is an instant slum. It is a slum, facing on the R-SA side. Thank you. Mr. Gerald Ross; Mr. Mayor members of the Commission, my name is Gerald Ross. I live at 1877 S. Miami Avenue. Apropo to Mr. Lucas' remark about certain groups not stepping forward and ultimately finding themselves without any help, I am stepping forward to speak on behalf of Mr. Lucas and that area who now does not have R-3A behind them on Brickell Avenue. Unfortunately, I have R-3A behind on Brickell Avenue and all I can say is, I have 4 or 5 families looking into my backyard periodically. I have parties, frequent parties, that I would not have with a residential zoning. There are cars parked, as was mentioned on the street, which do not allow people to pass by, squarely blocking the street. I think you have an opportunity to stop the degradation of one of the most beautiful streets, Brickell Avenue and another most beautiful street, S. Miami Avenue, stop this degradation from occuring any further than it has. I urge you to please consider or reconsider the zoning classification of R-3A for Brickell Avenue. Thank you. Mayor Ferre: Further speakers in opposition? If not, Mr. Rice on rebuttal. Mrs. Gordon: Can I give a little historical background of what my memory brings me on this property? I was working on the Planning Board many years as you know, and was there when this area went under the change, and went back when R-3A was first created for this area. I don't think there is another area in this city that has R-3A, or there may be a little bit of it on Bird Avenue in the Grove. There is a small amount of it on Bird Avenue, in the Grove. The reason, if I recall, that this property, that is north of the presently zoned R-3A, was not zoned at the same time, was because of property owners on 15th Road, who had a desire for R-5, and because they wished to have R-5, they did not want the R-3A applied. They waned R-5, high-rise just like the other side of Brickell Avenue. So the thinking of the planning Board at that time, and the department was, ..,,well, Look, we won't change this at this time, but we know, just as the other side of 178 Brickell Avenue was not all changed at one time either, if you recall, You are familiar, because you are acquainted with land use in this area. It was also changed on a piecemeal basis because for the reason being that some of the east side of Brickell felt that the tax base would be incteased, and they didn't want to pay the higher tax base, however, finally it was resolved by the tax assessor that regardless whether it was zoned R-5A on the eastside, they would still have to pay that tax because it was going to be zoned R-5A. It was planned and conforming to the rest of the zoning that had taken place. So I will be as brief as I can but Mayor I have to say these historical things so that those who have not had that information will at least have it, for background use. At any rate that is the story. And those people who have --I don't know if they are still owners of that property --but they did own a good piece of property abutting 15th Road. I don't know if it was 3,4 or 5 lots. But someday they hope to get to R-5A. I am just giving you history, that's all, John. Mr. Rice: Mr, Mayor, I would like to first state, I find myself almost in total agreement with the people who have spoke here in opposition to my application. I brought my own pictures to show in connection with our next matter coming before this commission. I'll let you look at these too while I am speaking to this subject. When I last appeared here, I don't believe any of you were here. It was the last meeting of the City Commission that heard my other application, and I too made the statement that I think R-3A zoning is an abomination. What it has done to Brickell Avenue where I live and hope to stay, and where my company has a very substantial investment, we are concerned about what is happening on that street. We want to see that chnaged. I have met with the Planning Department, I guess now over 5 or 6 years discussing this particular zoning because it has produced nothing but what has been described here as a slum. I think perhaps I would like to make a suggestion. The real answer to this area is never going to•be accomplished by setting parameters that's numbers written in the code.Everybody I think who wants to do anything on this street particularly on the side that you people are concerned about, because there is nothing we are going to be able to do about the east side. That is so locked -in now with high -density high-rise, condominiums, we expect it to stay that way. But if this commission can find within its power to do so, I would suggest that you approve our application, but you do so in a manner that would put us in the status of a PAD, where we have to come in, give a project here, detailed in all of its character, height,size, and every other feature so that all the people who are concerned about it can come back and speak to it. If it is turned down, it is turned down. Now what this offers in the altenative is what really our developers that we are speaking to are interested in doing on this particular site and that is to develop townhomes, townhomes that would be of a high-class, which I believe reasonable people would not find in conflict with single-family occupancy on the South Miami side and which are going to allow us to get rid of what really have become slum single-family homes. We can find no one interested in renting those houses and restoring them. Nobody today can see the economic advantage of doing that. The only thing my inclination would be is to demolish those houses sitting there. They were in that state when we bought them. We tried to improve them to make them more habitable. We have not succeeded. The tenants there are not the kind we would like to see, and I expect you people who live behind it, or near it, would not like to see either. I believe that if the commission can attach this PAD rider to this, maybe everybody can be satisfied. Otherwise I think no one is going to be. Thank you. Mr. Davis: 1 wanted to state that if that were the desire of the commission, it would not be possible to attach a condition to the rezoning at this point. It might be advisable if the applicant wishes to go forth with a PAD application,would be to defer this matter and have it come up concurrently with the application for a change of zoning, because it is his desire. Mayor Fevre; What is the will of the commission? Mrs. Gordon: Be can't apply for a PAD on an R-1 that would be,--, Mr, Davis: No, ma'am, It would be proposed to be rezoned R-3A or whatever the situation would be. Mrs, Gordon; There is also another way of handling a situation similar of what you are talking about, if in fact this commission decided to do that at all, to 1 179 re - tone in R-3A tone, would be on first reading. There is always a second reading. Mr. bavist You can defer it at any point before it is final Mrs. Gordon. It wouldn't take any difference I don't think. It could be held at this level or it could be held at the level between 1st and 2nd reading. Mr, Plummer: Let me understand. Can he put a PAT' on that property? Mr. Davis: He can put a PAD on any property. However a PAD is limited to the density in the district. If it stays R-1 he is limited to a density basically of one unit every 6,000 sq. ft. Mr. Fosmoen: Bob, there is one other point also,....he does not have 3 acres. Mr. Davis: He does not have 3 acres. Mr. Plummer: That is what I was just asking. Could he qualify for a PAD. I am getting conflicting answers. Mr. Davis: Technically it has to be 3 acres unless there is something unique about the site. He could however come in with an application that wouldn't be a PAD but let's say it would be a townhouse approval on this. Mrs. Gordon: Why would he need a townhouse approval. He could build townhouse without,... Mr. Davis. as a conditional use. Mrs. Gordon:..on an R-3?+? Mr. Davis: This is again .3 problem. R-3A doesn't lend itself to a townhouse application. R-3 would bL, a better application for townhouses. R-3A zoning is not what he really wants to build there, what I am getting the feel of. Mrs. Gordon: I don't know anybody that likes the R-3A zoning, and I don't know how many times I have said I don't like it. I said it so many times. Mr. Davis: It might be a point for him to come back with a different application altogether, since this attitude is seemingly present, with not only the objectors and the commission , and the Board, but certainly with himself, that he doesn't want R-3A. If he were to come back with let's say an application for R-3 with a townhouse on it, or something like that, that would be applicable to this and controllable by the Board, at the Commission, Mrs. Gordon: Are you saying R-3A cannot accomodate townhouses? Mr. Davis: Again, I am speaking from memory on this, but I think R-3A reverts to R-2 and and R-2 townhouse would not give him the density. Mr. Whipple: What Mr. Davis is trying to do is look for a vehicle by which to process this.As conditional use, townhouses are listed as R-2. He was trying to revert the zoning back so the conditional use could be applied for, and brought forward again. Nothing under the R-3A that we can attach as a condition unless this body wanted to have the applicant provide something between 1st and 2nd reading and also wanted to proffer to this commission a covenant or something of that nature. But as a Planned Area Development, the site is not large enough and I think perhaps would not qualify as far as uniqueness as re- quired by the PAD ordinance. Mrs. Gordon: We understand you then. Bob you are groping for some tool to control the R-3A from developing into another development such as there is to the west. Zr, Davis: I think he has the wrong vehicle but I can't tell you the vehicle he should come up with. Perhaps he should confer with us when we have time to plan this out a little better. Mr, Hank Green; Mrs, Gordon, I am Hank Green,,,,a developer, 9555 Old Cultler Road, Coral Gables, We are presently building on Bird Road and Virginia Street in Coconut Grove, on a 3-A zoning, and we are doing townhomes over there, Mrs, Gordon; l noticed those, They are very nice, 180 71978 7 Mr. Green: We have done softie more over on Many Street, we have done some on Trapp, so we have beet: doing those, and doing the quite well within the ordinance. What suggest oy hfirst ng, y av pp and have me come back with asite plan, thettyourtoneit to that siteplan, with thelandscaping and everything else. You either like that we have, or you don't like it. We can live within the 1.4 toning. Mrs. Gordon: 1 don't think we can tone with a site plan unless it was coming into us a conditional use. Mr. Davis: This is exactly the problem we are into legally sir, unless the Law Department wishes to correct me on this, is, that there is no conditional zoning in the City of Miami. Mr. Green: I don't know why you would have to give it a conditional zoning. Mr.Davis: If you approved it for only one site plan. Rev. Gibson: Wouldn't it make, Mr. Davis,....one thing I like to see happen in the City, is where sometime,...I don't like what you want, and you don't like what I want, but we could have an understanding,and work out an agreement, maybe we have something better than what either of us wants. Would it be wise,to ask staff, and you and you, to sit down and work out a vehicle, a compromise vehicle, a legal thing, so that you could get a first-class, high-class, or whatever that is, certainly is better than what you would get now. Sit down and try....you give, he gives,....then work out a vehicle to give a good development there. Is that possible? Would you want to try it? Mr. Lucas: Rev. Gibson, you are a man of great depth, wisdom, observation. While I was on our zoning board, I was partially responsible for this offspring that we have before us, the R-3A. I was opposed to it for a number or reasons. Mrs. Gordon was opposed to it for a number of reasons, and the reasons generally were, that, what would result from that zoning, is totally unacceptable to the City and the City's concepts. I would like the opportunity to again work with my colleagues on the Planning staff, for whom I have a very high regard, and love to work with, Mr. Rice who I am sure is interested in making development profitable to him. How- ever, I must say this to you, I don't believe that it is going to resolve itself, about the R-3A. I belive the City is going to have to have some other treatment for properties and controls over the development of lands in sensitive areas such as this, that are not available in the R-3A. Rev. Gibson: What I was thinking is, that, hearing both,... your name sir? Mr. John Rice: I am John Rice. Rev. Gibson: Mr. Rice in hearing you, I just get a feeling, -- Mr. Lucas: We both agree it is an abominations. Rev. Gibson: I just get a feeling if these two men can sit down and talk, and the staff would listen, knowing that we would want to see people get together and live, that you will come up with a vehicle and it won't be what you are telling me now, meaning that what R-3A,.. won't be that. You will come back here,..it may take 30 days or more, but you will come back here with a solution, that will not only help, you the developer, and you the homeowner, but might help all of us in the City. I am willing to take that chance. I find it far more comforatable than to impose upon you tonight, and deny you tonight. I find that far more agreeable. Mrs. Cordon: Mr. Foemoen, the question I was going to ask you was, apparently the intent is not to develop the R3A the way it would normally be developed but to utilize it in a townhouse type of development now. The question is to you, how long would it take you,Your staff, to devise a modification to the R-3A which would include perhaps and R-3A-T, townhouse zoning. Okay? That would then be a classification which would be available rather quickly I think. How long would it take? Mr, Fosmoen: I don't'thlnk it would take us terribly long to develop the language or modify the existing R.34, It would take a while to gel: through all the hearings, Before all the Boards, and through this couuuiasion and finally, adoption, You are talking about tvoi.and..one-half to three months precess.once it is through the staff, to get it through the Boards and commisaiona and adopting it in'ordinance form, 181 A n A et 111"lfi ` Mrs. Gordon: But on the other hand, it takes time to develop plans and get everything ready for a development anyway. So maybe if, you are all working together, with that in mind, perhaps as father said, perhaps we could defer this until something is developed. Rev. Gibson: I would like to offer the suggestion that defer the matter and give these two men, meaning your company, and the neighbors, an opportunity to sit down and come up with a reasonable suggestion and don't come back here. Just go immediately to the staff, and then the staff will know, and put it on the agenda so that we will cut through all this time business. Save time. But we want to be legal. I would like to try it. Mr. Lucas: Rev. Gibson, I mean what I said when I made those remarks earlier about someone not coming to the aid of someone. I have a selfish interest in this just as Mr. Rice has. Perhaps I might not be as objective as some of the staff might. Mr. Rice will not be as objective in his views. I have, of course, no resistance to meeting with Mr. Rice, and discussing with him, but I must tell you this. I am convinced that the area does not need the zoning change. Not what type of zoning to change it to, but it doesn't need to change. My presentation to you, demonstrating the pictures of what is there, and except for the two houses, that are occupied by non-resident, transient tenants, owned by this applicant, all of the other houses on that street are well maintained, single-family homes. Nobody is seeking changes for more units or more houses. Now, I don't believe, no. 1, that the zoning change is required and no. 2 if there is a zoning change required at some time in the future when a neighborhood changes, and requires it, the R-3A wouldn't be the one to apply. That is my position. I would love to meet with Mr. Rice and discuss this. You understand that. Mrs. Gordon: Okay. Everybody is not going to be happy with what I am going to say but I want you all to understand that I am looking at this as if it were appearing before me in a court of law and if I,were a judge and was looking at this case and I am going to try to tell you how I feel about it. 15th Road to the north is offices, well -developed in that characteristic. Brickell Avenue to the south, except for this little strip, between 15th Road and the beginning of the R-3A, is R-1 and R-1 is not proper zoning. I am sorry to have to say this to you, because I respect you and your knowledge and I understand your dilemma. I understand you live there and this is your home behind it, but from a strictly zoning standpoint, R-1 is not the proper zoning for that area. And whether it is R-3A or a zoning we develop that does accomodate that area, properly, I don't know. I don't think R-1 is the proper area,....John, I am sorry,... for that area. And you know,...you didn't live there, and you came before this Board as an attorney, or representing a client. You've been a zoning consultant too so you understand zoning very well. Mr. Lucas: If you were the Judge ,Mrs. Gordon I would point out to you that a very natural deviser exists,the Immanuel Lutheran Church property which fronts on both streets and serves as a natural divider for those homes that are preserved in the R-3A that has already been mistakenly applied. Mrs. Gordon: I really don't want to go into a debate. We have been here since 7 A.M. but I again I just simply want to reiterate, from 15th Road to the north, heavy office usage,.. and the church, if it ever was removed from there, I am certain the zoning would change. Mr. Lucas: Mr. Mayor, may I make one final statement? Ms.Pernandez:May I say something please. Excuse me. We have to deal with the realities here, and the realities here are that the 3-A zoning has not worked as was expected. It has been a disaster. On the other hand we have this area of single-family residences that are well kept, that the character of that particular area of the neighborhood has not changed, and why does this commission want to destroy the character of that particular area of the neighborhood by intro- ducing this 3-A zoning which has been ineffective and has been detrimental to the Brickell Avenue area. Now, I do not understand, We may go back into the history of the 3-A zoning, we may talk all night about this, but we haven't dealt with the realities of this case, Thank you. Rev. Gibson; Let we make a suggestion, I want to offer a motion to defer this matter and We these two people an opportunity to sit down and talk, Hopefully you will come up with a solution of a kind, If you don't crnne up with one better than we have before 182 APR 271978 us, at that point in time, Theodore Gibson will be willing tu 4e. e, a positive position. I just feel like a man with his knowJc4,e and a man with this man's knowledge, you can solve this problem. All ot: us have dilemmas. Part of my hussle is marriage counselor. Everytime a man and his wife come in, nobody wants to tangle. I say, let's sit down and talk. Not always am t successful, but most of the time, when they walk out, they say, Father I. am glad I came. I want you to try it for my sake. Okay? That is, a motion to defer. Mr. Plummer: If I stay here another half hour, I am going to need your hussle for marriage Mr. Rice: I would appreciate that opportunity. I think it has been pretty categorically stated, that our principal opponent is unalterably opposed to changing zoning from R-1. His intellectual honesty in making that statement is to be admired and I think precludes the possibility of any rapport developing between us. What I would say to you is, that it is our intention that if this R-3A zoning is approved, because of the presence there of a magnificent fic:us tree, and other trees on that site, to go through the site planning incidental to a specified development and get approval, and an opportunity will be given to refuse our plan. I would like to request you give us this R-3A zoning now, and recognize that this company owns property all up and down Lrickell Avenue and we are not about to do anything to prejudice our reputation in this community or what we do on that street. Thank you. Mrs. Gordon: The motion is to defer, but it is also my intention to ask the department to immediately begin their revision after this motion is passed. Mr. Fosraoen: Commissioner, we will be happy to do that of course. I am not sure that I understand who you want us to work with in that process. Mrs. Gordon: I want you to work with your department. Mr. Fosmoen: Fine. Mrs. Gordon: And if anyone else want to give you input, that is fine, but you are not mandated. Rev. Gibson: My thinking is...as a fool can't see, and I am sure these two men are too intelligent. If you don't do anything but sit down and look at each other in the presence of the staff, I would like to have that done. Mrs. Gordon: Why don't you call the roll on the motion. Mr. Plummer: In casting my vote, it is very simple, 1 hate to sit here and remind other people that I was only one that was totally opposed to the R-3A. I said then, and I say now, R-3A in my estimation was nothing more than a high-class ghetto. It still is. Every day that goes by, I am more convinced that 1 was right. I am not convinced John, you won't want to hear this. To me, to fight for an R-3A type of zoning was to create a buffer, the buffer from an R-5A to and R-1, to me is not a buffer, as far as I am concerned. I think the whole key in this,...what I would like to see, is what I think is very much in the next application, something with flexibility. Something that in the wisdom of this commission, they can sit back and say yea cr nay. Yes it is too much, no it is too little. Now, all I am saying is, there has to be a better alternative than what is there now. I will vote with the motion with a hope that reasonable men can disagree. They don't have to be disagree- able. I vote with the motion. Mayor Ferre: I am abstaining because I am personally involved, in the vicinity. Mr.Fosmoen; May I indulge the Commission, ---- Mr, Plummer; Go right ahead, it's only 161 hours,.... Mr, Fostnoen;--get some impression of what It 1s you are objecting to. Mrs, Gordon: Yes, I am going to offer you a motion if you will allow me sir. 1 would ask the Planning Department, to, bearing in mind, the need, --I an not going to say the applicant, because that isn't the point-- the strip of land that is sandwiched between two higher classifications of zoning on an arterial, which is a major highway, in my opinion, has to have to special treatment and 183 APR 271978 consideration. tearing in mind the limitations that you have heard tonight, the ability to develop and not overdevelop, and yet to retain some flavor of the ataenities of that preservation district, therefore I at not saying to you what 1 said before,an it-3A-C. I will let you name it whatever you want. This is your baby, Mr. Davis: Anyone who wishes to be included in these meetings, please give your names, Mrs. Gordon:Let me explain why the deferment, so you will understand the procedures. First of all Mr. Fostnoen has been directed to move pronto, Posthaste, The deferment also says that the application is pending, 1n case nothing happens, you don't work together, and we still have an option for change, you don't have to go through the whole zoning boards back -to -us -again process. We are going to hold this thing and see what happens. And that's where we are. Motion No. 78-320 to defer the matter was passed and adopted by the following vote: AYta: Mrs. Gordon, ..r. rlummer and Rev. Gibson:Abstaining:Mayor Ferre and Mr. Reboso: The following resolution was introduced by Mrs. Gordon who moved its adoption: MOTION N0. 78-321 A MOTION DIRECTING THE CITY MANANGER TO REQUEST THE PLANNING DEPARTMENT TO STUDY THE AREA ON BRICKELL AVENUE SOUTHWESTERLY OF S.E. 15TH ROAD PRESENTLY ZONED R-1 FOR A POSSIBLE ZONING CHANGE AND ALSO TO RESTUDY THE R-3A ZONING DISTRICT REGULATIONS TO INCLUDE TOWNHOUSE DEVELOPMENT Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Plummer and Rev. Gibson. NOES: None. ABSENT: None. ABSTAINING: Mayor Ferre and Vice -Mayor Reboso. 84. GRANT APPLICATION TO PERMIT P.A.D. - 2450 BRIQCE L AVENUE ODNSISTING OF 72 t1VELLING UNITS. Mayor Ferre: We are now on Item NO. 11. Mr. Davis: Item 11 is an application for a P.A.D.--a Planned Area Development consisting of 72 dwelling units and 19 structures to be located at 2450 Brickell Avenue. This was deferred from the meeting of March 16 for consultation of the applicant with the Planning Department. Mr. John P. Rice: Mr. Mayor, Commissioners, I am John P. Rice, 888 Brickell Avenue. Mrs. Gordon: Are you back again? Mr. Rice: I am. I represent the applicant. I would like to direct your attention to a brochure we put before you. While it looks large, its very small. It has the zoning ordinances in it. There's really just three pages that are relevant to this matter now, and most particular it is the 3rd page, which is a zoning fact sheet prepared by our office this time, not by the Planning Department. The previous fact sheets that have been put before the Zoning Board and before the City Commission, have not really considered the fact that is paramount in this application. This is a PAD, a Planned Area Development application, and I would draw your attention to the first page of the information given you, and for those in the audience who would like to have this information, I brought extra copies and they are available to you. The quote, down in the second paragraph, specifically states that the densities, open areas, space, floor area ratios, and other regulations which are permitted in the existing zoning district or districts of a PAP as may be determined by the City Commission pursuant to a PAP application, will apply to the whole property. The distribution of those parameters is for your determination. Now, if you will look to the fact sheet you will see we have set forth specific allowances under R-3A, R-1, P,A.D, and what we propose. I submit to you that the evaluation of our project in respect to how it complies with the P 4 A . parameter's, Is set forth in the 3rd cols headed PAP, What we propose is in the nth column. 1 184 APR 271978' the items that I have examined and written out here for your attention, establishes the fact that there is only one element in which we are not in conforfnity with, all of the requirements it would obtain under thie PAD, And that one happens to be the height of the building itself, I would point particularly to the fact that we are building on this site some 10,000 sq, ft. less than would be permitted under this PAD study. I would point out to you, we are building 69 units rather 74,1 will call your attention to the fact that the lot coverage is 23% as opposed to 36 which would be permitted. I would also call your particular attention to the fact that the useable open space is 3 times that which would be required under the P.A.D. application. One hundred percent of the parking on this property is under cover, not sitting out in one of these black paving yards, which our picture shows, as did the people who appeared in opposition to our previous application. The minimum size, and remember many of these units that have been built on Brickell Avenue that we view as instant slum, are built down to the minimum size apartment. The average that we have come up with in our development is 1755 sq. ft. The setback requirements, --we are within all the setback requirements. Now, in respect to the height, I would call your attention to this one sketch which will show you that in respect to the exposure, to the single family side, we actually have a site -line, which is lower in its profile than we would obtain if we were complying vigorously to R-3A. In this case, we are the owners of the properties that we are going to sell as luxury single-family cluster homes on the the South Miami side, putting those properties immediately opposite the townhomes we are going to be building on the Brickell Avenue side. There has been a lot of things said about real estate developers, but nobody has yet accused us with being foolish with our money, and in this case I can assure you, that we know full well that we are going to be able to sell these luxury single-family homes opposite the townhomes that we are putting on the Brickell Avenue side. What we would like you to realize at this point in time, is, that we have been responsive to your mandate at our last meeting, to go back and meet with the Planning Department, and see if we could do anything to bring us closer together. I think basically what we have done, is, we brought our F.A.R. down closer to, in fact, if we view this as a PAD to what they suggested, of .68. Actually I am at .69. We have taken 3 units out of this. We have eliminated a run of anything over 100 ft. We are actually now down to a maximum of 92 ft. and if you look at our model, you will see they don't read as 100 ft. They are not row houses --they are not the row apartment units, or townhomes that are now on that side of the street. This is a PAD. We have 4-plus acres of land. The only precedent that is established before this commission if it approves this project is, that if someone else comes in with a PAD, combining areas of this amount, with the same mixture, and has a plan that meets with your approval, then you have set a precedent. You are going to have to treat them as we, but not because of R-3A, not because of R-1 but specifically because of the PAD. I would like to recount one further fact I think is important. It is really the last point that I made here in this text. The Urban Development Review Board which I believe is appointed by this Commission, gave its unanimous approval to our project when it was originally submitted in the form it came to you, at the last meeting. These people are professionals, they are architects, landscape architects and I believe that if this Commission approves this application as it is now offered, this city will have something it will be proud of, Brickell Avenue will have a bench markfrom which it can build to the future, and if anyone stands in opposition to this development as it is now constituted, I would like to know what alternatives they offer to developers who are really trying to improve Brickell Avenue. I thank you for your attention. Mrs. Gordon; Mr. Fosmoen, would you please speak to this application as it is being presented to us tonight? Mr. Fosmoen: I am going to ask Mr, Whipple to speak specifically to it. This is the first time I have seen this set of numbers. It's a quarter to twelve. Mrs, Selma Alexander; Sorry. I'm Selma Alexander, again. I am very confused at this whole issue. The height is what concerns me, We have a letter that was delivered. Mr, Ross will read it to you. They are going four -stories and that site -line, Maybe I just don't understand it. I would like that better explained to me than it was. Because this is right back of me, I have seen what has happened to all my neighbors. I fought against a lot of it, and did the best I could. I agree with J.i., it was a rotten, awful kind of zoning, There has been three studies that are buried some- where in a drawer in the Planning Department, addressed to this same area, since the initial time. I've never seen any results of it,That's what really blows my mind about the whole thing, I will admit, I went the Urban Development Review Board. I will admit, that on the aurface, this offers more in terms of setbacks away, and 185 APR 2719 not larger units, and what not. It seemed too dense. It evidently: complied somewhat with the density, but its the height that bothers me, really. I am worried about a fourstory building in my pristine backyard, where we have lived with such privacy for 37 years. It is really something. Mt. Gerald Ross: Just briefly, --I am Gerald Ross, 1877 S. Miami Avenue. I feel that the height is also a major contention here. It changes the character,even though you have, as I understand the project, private homes buffering, you are still going to be looking into the four -stories. This changes the character of S.Miami Avenue considerably, for precedent -setting also. I have a letter from the Save-Brickell-Avenue Incorporated, that if I may, read into the record. It is short and leave it with you...."To the Miami City Commission, to the Commissioners, Save-Brickell-Avenue Inc. a non-profit corporation dedicated to the preservation and improvement of Brickell Avenue, has considered the application for a Planned Area Development located at approximately 2450 Brickell Avenue. The Beard of Directors wishes to advise the Commission of the fact that Save-Bri.ike11-Av.':ue Inc. is opposed to this application. We respectfully request that yr a ,tnthe application. In particular we are in favor of restricting all future huiiding:, to a height of no more than three stories as the R-3A zoning requires and wo are in favor of a lower density. Thank you for your consideration. We represent approximately 80 property owners in this important matter. Signed,ianct W iid;;:;n, President." Thank you. Mr.Rice: If we may we would like to explain this height to Mrs. :Alexander and others that are interested on the Commission. The property on the side exposed to S. Miami Avenue is three -stories. The setback from that property line is '3 it Under R-3A it could be 27 ft. and you will notice, if we were building the R-3A, the overlooking into rear property would be much closer, much more penetrating by a long shot than what we are now proposing. I think it is important that people who would oppose a project, --it's a P.A.D.--would not choose to express their oppo- sition by writing letters, not having seen this project, because this project is not just numbers. It is actually architecture. It is site planning, ana unless somebody has looked at that, and seen what we are producing, I don't believe they arc• a legitimate critic of what we are about to do. And I think that this are.: is so important as a hammock, as an area of beautiful trees, that it is only going to be preserved by the type of design that we have come up with to raise the building, and put one -hundred percent of that parking underneath it. I guess there is nothing more we can say now, but to ask that you approve our application. Thank you. Mr. Fosmoen: May I ask one question before the Commission begins, so we can try and get some numbers straight? What does the column on this document which is dated April 27, 1978, what does the column P.A.D. represent? Mr. Rice: It represents the combination of allowances that would obtain under R-I and R-3A and a summation of those at their maximum allowables. Mr. Fosmoen: So you are combining R-1 and R-3A requirements and coming up with a number which is theoretical maximum under P.A.D. and that's what you are comparing the proposed development to? Mr. Rice: Not theoretical. An actual number that applies to our specific piece of property. It would apply to no other property. Taking the restriction of the R-3A and R-1, and applying them to ours. Mr. Fosmoen: I find that difficult logic to follow, but perhaps we can try and compare those numbers to what we have. Mr. Plummer: If you didn't put the parking under the building, what would the height be? Mr. Ross; I'll have to have my architect answer that. Unidentified person: We made a drawing, showing what the hammock might look like if the parking was an all -surface parking, taking into consideration we wanted to maintain the setback from the R-1 area behind our lot. isc APR 271978. Mr. Plummer: You didn't answer my question, would it be the same height if you took the parking underground? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Are you then talking about a structure that is 3 stories?... 4 stories?... Mr. Rice: It's three stories on the south Miami side and four stories on the Brickell Avenue side. Mr. Whipple: That's speaking strictly to the wall as opposed to the actual height. The actual height is four stories over parking. The wall im- mediately adjacent to the R1 is three or three and a half stories depending on how you look at it, the wall facing Brickell is four stories over parking. Mayor Ferre: All right, what is the will of this Commission? Mrs. Gordon: By way of the number of units, Mr. Fosmoen, the revision that we have here does that alter your recommendation? Mayor Ferre: 69 units. Mr. Fosmoen: No, it does not alter our recommendation. I don't know if any- body is interested in looking at numbers at this time or not, but I've got to point out because I find it difficult to sit back and accept it. Whatever the reasons this item is before you is a P.A.D. because we agreed with the developer to include that portion that is on Miami Avenue, the R-1 portion, giving him suf- ficient land to come in under an R..a P.A.D., now we are faced with a set of numbers which he is using as comparison which include that area which is going to remain R-1. We combined the properties so that he could come in under a P.A.D. The R-1 portion is going to remain essentially the same and I find it a specious argument to combine those two numbers to come up with a third column against which he is comparing his development. If we compare the development to the R-3A we've got a more factual situation. Mrs. Gordon: How many units over your recommendation are we now? Mr. Whipple: Mrs.Gordon, we mentioned the last time that we were talking about somewhere in the vicinity of 10 units. They have reduced it three. I again caution you as the applicant will, that it is not so much the number of units, it is a total amount of floor area of which number of units are put into. Now, I can't help but comment as to where we stand and how we've gotten to this point and if I may just take one second or twoo The R-3A zoning district which has brandished about and really harrassed here tonight if you will, allows a floor area ratio of .50. The applicant came in with a development, the R-3A portion of which had a floor area ratio of .80. At the last meeting this Com- mission deferred it and said— well, can you get a little closer with the Depart- ment. As you may remember the Department recommended certain bonuses be applied to the R-3A portion raising the floor area ratio from .50 to .68 on the R-3A portion. The applicants have come back before you tonight with a .74. Now those are the base numbers and the numbers that really count. We just heard a lengthy discussion concerning the R-3A district. I have to disagree with members of the Commission and the audience as to the type of development that is occurring in the R-3A, the pictures that'were before you this evening show nothing but parking lots. It does not show the front of the buildings, it does not show the architecture, it does not show the landscaping and we have written that area many times recently and although at least something be desired in a couple of instances there are a couple of outstanding approaches to the R-3A de- velopment. Particularly, when lots are used which could accommodate 6 units such as has been done in one end of the R-3A of which only 3 units were built. We cannot control what people put on it, we can only set the parameters. The point to be made with respect to our other multiple family zoning in the district, the R-3A zoning reduced floor area ratio below any of the multiple family districts we have now, in other words, less floor area ratio, less lot coverage, more strin- gent setbacks, more specific controls with respect to trash, how much of the front yard to be used for parking. I'm suggesting to you that this is one approach to the it,,3A but to double the intensity, when you double the intensity as is being re- APR27 1978 quested here tonight will not necessarily address and alleviate those problems which have been pointed out to you earlier this evening: That we think it will detract froth it because the other people on down the line will be able to come in and ask for the same type of development that might be granted bete this evening and it will end up to be a lesser type of development which you are ob- jecting to. Mrs. Gordon: Also, are you in objection to the height? Mr. Whipple! We are not opposed to the height if the height is cotxnesurate with coverage and floor area ratio, which it is not. Mrs. Gordon: I would then move that this application conform to the recommenda- tion of the Department as to floor area ratio and lot coverage, and I would move it that way and the developer would know that has to be some revisions. I've made a motion that we approve it subject to the Planning Department recommendation as to floor ratio and 1 o t coverage, that means that the developer has some modifications to make.. Mayor Ferre: Is there a second to the motion? Mr. Davis: For purpose of clarity could this include one other thing, that would be subject to revised plans being approved by the Planning Department? (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD) Mrs. Gordon: No, you are not going to change the height, you are going to eliminate some of the floor area ratio and lot coverage, J. L. I mean, you've got to face reality. If you are going to grant a variance -although you are not calling it a variance- if you are going to grant a greater intensity to this piece of property and here we have a problem that's coming up down the street. what do you think is going to happen there? Do you think you are going to have anything less? Mr. Plummer: You know, Rose, not to argue between you and I but look, I made the comments before and just to refresh your mind. To me Brickell Avenue is something special. Brickell Avenue is not Mrs. Gordon: Well, so what? Mr. Plummer: Now, if you are going to go and you are going to build luxurious units, I know they said that just the size of the units does not make them luxurious but I guarantee you the price they are going to keep, you know, separates them . Now, if you are going to take and you are going to squat him down,... Mrs. Gordon: Okay, I'm not telling him to squat it down I'm just telling them to cut a Mayor Ferre: end of that. Mrs. Gordon: piece off. Well, I misunderstood so I withdraw my second and that's the Now, is there a second to your motion? Now, do you understand what I was saying. Mayor Ferre: Yes, I understood what you were saying,..it is that taking some density off of this project. Mrs. Gordon: That's right. you were Mayor Ferre: And my opinion is that what these people have come up here with is without any question the best architectural solution that I have seen in Miami for any piece of property of this size. I think it is fantastic, that you've been able to put all the cars under and the difference between what you are arguing about Dick and what we have here is..we are down now to a difference of 7 apartments. What they are giving us, in my opinion, is worth more than seven apartments, I mean, what we are getting is a fantastic project, (4CKGROUNA COMMENTS MADE OFF THE PUBLIC RECORD) Mayor Ferre; Plummer, let's not talk anymore. All right, is there a second to Mrs. Cordon's motion, For the last time, Hearing none it dies for lack of a second. All right, Mr. glummer, APR 27191 �4_ I Mr. Plummet: Mt. Mayor, 1 think this project is fitting, it is nice, I like it and I move for its adoption. Mr. Whipple: Mr. Plunnnet, if I tray, could I again ask for a certain date of the plans, there have been several plans available ot this, we have to have a plan that's approved. Mayor Ferret This...whichever is the most... Mr. Plummer: Well, let me tell you where I'm going Fostnoen, I'm going by the last line of this Chart. Mr, Whipple: Well, we should go by a plan, which plan is it, sir? Is there a date on that plan? Mayor Ferre: Anything else? We need a second, is there a second to that motion? I'll second the motion. You call the roll. Mr. Whipple: Mr. Mayor, before you call the roll, could we incorporate those conditions recommended by the Urban Development Review Board and the Zoning Board. Mr. Rice: We state in here we accept those. Mayor Ferre: Absolutely. That's part of the motion, right Plummer?, and you are the maker of it. Call the roll. (GAVEL PASSED) The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 78-322 A RESOLUTION GRANTING A CONDITIONAL USE AS PER ARTICLE XXI-1 OR ORDINANCE NO. 6871, TO PERMIT A PLANNED AREA DEVELOPMENT (PAD) ON LOTS 27 THROUGH 33 AND LOTS 52 THROUGH 64, LBOCK 56; FLAGLER MARY BRICKELL (5-44), BEING APPROXIMATELY 2450 BRICKELL AVENUE, AS PER PLANS ON FILE, CONSISTING OF 65 APARTMENT -TYPE DWELLING UNITS IN 12 STRUCTURES ON THE R-3A PORTION OF THE SITE AND 7 SINGLE-FAMILY DWELLINGS ON THE R-1 PORTION OF SAID SITE, FOR A TOTAL OF 72 DWELLING UNITS IN 19 STRUCTURES; LOTS 52 THROUGH 64 ZONED R-3A (LOW DENSITY APARTMENT) AND LOTS 27 THROUGH 33 ZONED R-1 (ONE FAMILY). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Mayor Ferre , the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Rose Gordon* ABSENT: NONE ABSTAINING: Vice Mayor Manolo Reboso ON ROLL CALL: *I cannot accept the intensity of the development because of the number of additional units which would be put into this property, so I vote No. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 12:05 A.M. ATTEST; RAUH 0. O 0IE Cfty Clerk MAURICE A. FERRE Mayor ITEH NO 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CITY OF MIAMI DOCUMENT IND 1 DOCUMEUfT IDEW! rICATION COMMISSION AGENDA AND CITY CLERK REPORT AMENDING SEcr10NS 54-36, 54-37, 54-39, AND 54-41, OF THE CODE OF THE CITY OF MIAMI AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 8731 AMENDING SECTION 301 OF THE CODE OF THE CITY OF MIAMI AMENDING MIAMI CITY CODE CHAPTER 64, ENVIRONMENTAL PRE- SERVATION, BY DELETING SECTION 64-4(f), SECTION 64-5 (a) AND (c)(2), (5), SECTION 64-6(c)(4), AND (b)(4) AMENDING SECTION 1 OF ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977. AMENDING ORDINANCE NO. 6871, THE CCMPREl-tENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI ACCEPTING THE COMPLE'ILD WORK PERFORMED BY ROENCA COR- PORATION AT A TOTAL COST OF $423,876.07 FOR THE HAMMOCK SANITARY SEWER IMPROVEMENT SR-5411-C ACCEt'1'LNG THE ATTACHED BID OF PAN AMERICAN BANK IN THE AMOUNT OF APPROXIMATELY $56,338.27 AS A CHARGE FOR BANKING SERVICES FOR THE CITY OF MIAMI ACCEPTING THE FOLLC7WING BIDS FOR FURNISHING HEAVY EQUIPMENT FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY AND THE LITTLE HAVANA DEVELOPMENT AUTHORITY TO CARRY OUT ACTIVITIES FOR AND IN BEHALF OF THE ECONOMIC DEVELOPMENT PROGRAM ADOPTING AMENDED BY-LAWS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN ACCEPTING THE BID OF IMAGE DEVICES, INC. FOR FURNISH- ING ONE MOTION PICTURE CAMERA AND PROTECTOR FOR THE DEPARTMENT OF TOURIST PROMOTION AT A TOTAL COST OF $10,375,44 APPOINTING MR, DANIEL J. COC AND MR. DENNIS MURASAKI TO SERVE AS MEMBERS 0 N THE INTERNATIONAL FOLK FESTI- VAL COMMITTEE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WAI YU MENG THE SUM OF $37,000 PLUS TAXABLE COSTS IN THE MOUNT OF $1,467..70 IN FULL AND COMPLETE SATISFACTION OF JUDGEMENTS. MEETING DATE: April 27, 1978 COMMISSION ACTION R-78-261 R-78-268 R-78-269 R-78-270 R-78-271 R-78-273 R-78-274 R-78-275 RETRIEVAL CODE NO, 0085 0086 0087 0088 0089 0090 0091 0092 78-261 78-268 78-269 78-270 78-271 78-273 78-274 78-275 U.iEN1IN DEx CONTINUED ItM NO. DOCUMENT IDENTIFICATION OMNI 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AUTHORIZING THE PROPER OFV1CIALS OF THE CITY OF MIAMI TO GRANT A QUIT CLAIM DEED TO TOWNSCAPTE DEVELOPMENT CORP. ORDERING AN IMPROVEMENT KNOWN AS "COCONUT GROVE BUSINESS AREA DECORATIVE PEDESTRIAN -SCALE STREET LIGHTING PROJECT B-6177. CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANA- GER IN INCREASING THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $21,164.00 FOR THE TRADE FAIR OF THE AMERICAS. AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NEXT AMOUNT OF $5,072.30 FOR THE ADMINISTRA- TION BUILDING -SITE PREPARATION ACCEPTING THE COMPLETED WORK PERFORMED BY HAROLD G. JAFFER, INC. AT A TOTAL COST OF $155,004.78 ACCEPTING THE COMPLETED WORK PERFORMED BY ASTOR-WHITE ELECTRIC COMPANY AT A TOTAL COST OF $96,399.00 ACCEPTING THE COMPLETED WORK PERFORMED BY TAMTA I PLANT SYSTEMS, INC. AT A TOTAL COST OF $15,369.82 ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON INC. AT A TOTAL COST OF $5,380.00 ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC. AT A TOTAL COST OF $3,080.82 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING OF THE EIGHTH ANNUAL CHAMPION SPARK PLUG UNLIMITED RE- GATTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTAGIED AGREEMENT WITH CHARLES LEROY LEWIS. ACCEPTING THE BID OF AVANTI PRESS FOR FURNISHING 100,000 METRO-MIAMI MAP BROCHURES FOR THE DEPARTMENT OF TOURIST PROMOTION AT A TOTAL COST OF $12,000 ACCEPTING THE BID OF JULES BROS. UNIFORMS, INC. FOR FURNISHING UNIFORMS, AS REQUIRED, ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD FOR THE DEPART- MENT OF FIRE ACCEPTING THE BID OF BIG CHIEF, INC. IN THE AMOUNT OF $33,192.00 ACCEPTING THE BID OF BIG CHIEF, INC. IN THE PROPOSED AMOUNT OF $4,443 FOR THE LEMON CITY PARK COMMUNITY DEVELOPMENT -BUILDINGS DEMOLITION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE PRO- POSED AMOUNT OF $53,652.52 GRANTING PERMISSION TO CNSTRUCT AND OPERATE RECREA- TIONAL FACILITIES PIER ARTICLE XVIII-1, SECTION 4 (1-3), OF ORDINANCE NO, 6871, R-78-276 R-78-277 R-78-278 R-78-279 R-78-280 R-78-281 R-78-282 R-78-283 R-78-284 R-78-285 R-78-286 R-78-287 R-78-288 R-78-289 R-78-290 R-78-291 R-78-292 78-276 78-277 78-278 78-279 78-280 78-281 78-282 78-283 78-284 78-285 78-286 78-287 78-288 78-289 78-290 78-291 78-292 34 35 36 37 38 39 40 41 42 43 44 45 46 47 UMENTINDEX RETR AL DOCUMENT IDENTIFICATION . GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATION CONTINUED AL FACILITIES PER ARTICLE XVIII-I SECTION 4(1-3) OF ORDINANCE NO. 6871 R-78-293 78-293 I AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT WITH THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES. RECOMMENDING THE FORMATION OF A COMMITTEE OF PERC CER- TIFIED CITY DIPLAYEE CO1TE,CTIVE BARGAINING UNITS, IN- CLUDING A REPRESENTATIVE OF THE CITY OF MIAMI ASSOCIATION OF RETIRED EMPLOYEES, INC. AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES- SIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUCTIOA' OF MELROSE PARK AUTHORIZING TEE CITY MANAGER TO ENTER INTO PROFESSION- AL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNEGIION WITH THE CONSTRUC- TION OF RIVERSIDE PARK AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES- SIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNECTON WITH THE CONSTRUC- TION OF BUENA VISTA PARK AUTHORIZING THE CITY MANAGR1( TO ENTER INTO A PROFES- SIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES IN CONNECTION WITH THE CONSTRUC- TION OF LEMON CITY PARK AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR AND SFT.F,CT A CONSULTANT, AND THEREAFTER EXECUTE A CON- TRACT WITH SAID CONSULTANT, FOR A STUDY OF PARKING NEEDS IN COCONUT GROVE VILLAGE CENTER APPROVING THE PRELIMINARY DRAWINGS AND FINANCIAL FEASIBILITY REPORTS AS PRESENTED BY DIPLOMATE WORLD ENTERPRISES AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE 62ND STREET COMMUNITY DEVELOPMENT CORPORA- TION CLOSING VACATING ABANDONING AND DISCONTINUING THE PUBLIC USE OF (A) THAT PORTION OF N.W, 4TH AVENUE LYING BETWEEN THE SOUTH R-0-W LINE OF N.W. 14TH STREET AND NORTH R-O-W LINE OF N.W. 13TH STREET CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF N.W. 9TH STREET CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF COURT PLACE FORA DISTANCE OF 150 FEET NORTH OF THE NORTH R-O-W LINE OF S.E. 8TH STREET CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF SUNNYBROOK ROAD R-78=294 R-78-296 R-78-297 R-78-298 R-78-299 R-78-300 R-78-301 R-78-302 R-78-303 R-78-304 R-78-305 R-78-306 R=78.307 78-294 78-296 78-297 78-298 78-304 78-305 78-306 78�307 UMEN1IN DEX CONTINUED ommommory 1D! NO, 48 AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 59. BEACOM MANOR DOCUMENT IDENTIFICATION C ACTT 49 50 51 52 53 54 55 56 DENYING CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1(6)(h) TO PERMIT A RESIDEN- TIAL DEVELOPMENT OT A PLANNED UNIT NATURE AT THE IN- TERSECTION OF S. MIAMI AVENUE, SOUTH DIXIE HIGHWAY AND BRICKELL AVENUE GRANTING A PETITION FOR A PLANNED DEVELOPMENT (PAD) CONSISTING OF 37 NEW ONE -FAMILY DWELLING STRUCTURES PLUS ON EXISTING STRUCTURE FOR A TOTAL OF 38 SINGLE FAMILY DWELLING STRUCTURES ON THAT PART OF TAT "A" AMENDING RESOLUTION NO. 75-62 WHICH GRANTED PERMISSION AT 1570 N.W. 26TH AVENUE FOR CONDITIONAL USE PARKING BY AMENDING THE CONDITIONS THERETO AS FOLLOWS, RESCHEDULING THE REGULAR CITY COMMISSION METING OF MAY 11, 1978, TO TAKE PLACE ON MAY 19, 1978 RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF MAY 25, 1978, TO TAKE PLACE ON MAY 31, 1978 RESCHEDULING THE CITY COMMISSION MEETING FOR CONSIDERA- TION OF PLANNING AND ZONING MA1'1'iRS SCHEDULED FOR MAY 18, 1978 AUTHORIZING A ONE YEAR EXTENSION OF THE DEVELOPMENT ORDER AUTHORIZED BY CITY COMMISSION RESOLUTION NO. 75-135 GRANTING A CONDITIONAL USE AS PER ARTICLE XXI-1 OF ORDINANCE NO. 6871. R-78-308 R-78-309 R-78-311 R-78-312 R-78-316 R-78-317 R-78-318 R-78-319 R-78-322 78-308 78-309 78-311 78-312 78-316 78-317 78-318 78-319 78-322