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HomeMy WebLinkAboutCC 1975-07-22 MinutesSPECI � l COMMISSION MINUTES 1, CITY ACQUISITION OF FEC ROPERTY. SPECIAL ICENTENNIAL PARK J MEETING I N R EY li IT Rz ,,. CONVENTION LENTER OF MEETING HELD ON JULY 22, 1975- PREPARED BY THE OFFICE OFI TY NTHE AICLITY CLERK C P1, P, $ SOUTOfRN RALPH G, OWE C4ty Ctc4 Ao6Want l'i ,, ing7 T -11-WWW ITS NO. SUBJECT 2. 3. 4. I MINIMS OP REGULAR FETING CITY COMMISSION OF HIM FLORIDA P.E.C. PROPSRT t Proposed ecquisitio ICENTENNIAL-EAYtRONT PARE DINNER KEY AUDITORIUM- Proposed Renovations DOWNTOWN CONVENTION CENTER SITE Other formal actions this meeting: INCLUDE SENSORY PARR PoR HANDICAPPED AS PART OF DEVELOPMENT OF MIAMI BICENTENNIAL PARK CHANGE DATE OF FIRST COMMISSION MEETING IN SEPTEMBER 1975 FIX DATES FOR CITY COMMISSION HEARINGS ON PROPOSED BUDGET 1975-6 FIX DATE OF SEPTEMBER 3, 1975 at 1:00 P.M. FOR PUBLIC HEARING ti DINNER KEY AUDITORIUM PROPOSED RENOVATION REQUEST CITY MANAGER TO EXPLORE POSSIBILITY g OF OBTAINING FEDERAL FUNDS TO ASSIST IN THE RENOVATION OF DINNER KEY AUDITORIUM MOTION OF INTENT TO ACCEPT OFFER TO ACQUIRE "FEINBERG PROPERTY" FOR DEVELOPMENT AS A CONVENTION SITE ETC. APPROVE IN PRINCIPLE PLAN SUBMITTED BY EDW.STONE JR.& ASSOCIATES FOR DEVELOPMENT OF BAYFRONT AND BICENTENNIAL PARKS MOTION OF INTENT TO ALLOCATE $2,500.000.00 DEVELOPMENT OF BAYFRONT & BICENTENNIAL PARK INSTRUCT CITY MANAGER TO DEVELOP AGREEMENTS WITH OFF-STREET PARKING AUTHORITY DADE COUNTY SEAPORT OFFICIALS OPERATORS OF MIAMARINA RESTAURANT IN CONNECTION WITH DEVELOPMENT OF BAYFRONT AND BICENTENNIAL PARKS AUTHORIZE CITY MANAGER TO NEGOTIATE AGREE MENT WITH EDW.D.STONE & ASSOCIATES FOR DESIGN PLANNING-BAYFRONT/BICENTENNIAL PARK AUTHORIZE ;CITY ATTORNEY TO PROCEED WITH LITIGATION IN MATTER OF CITY VS,F.E,C, CIVIL ACTION 71-17071 MOTION OF INTENT -URGE FLA.DEVT,TRANSPORTATIO PROCEED WITH ACQUISITION R.O.W. FOR WIDEN- ING OF BISCAYNE BLVD. URGE STATE OF FLA,& METRO TO PARTICIPATE WIT CITY TO DEVELOP ITS BICENTENNIAL PARK AMD,ORD 83.6-APPROPRIATE $15,000 TO COCONUT GROVE CARES FOR NATIONWIDE TV COVERAGE OF MIAMI BOXING PROGRAM ON WIDE WORLD OR SPORTS ORDINANCE OR RESOLUTION NO. DISCUSSION DIS USStON DISCUSSION DISCUSSION MOT.75-682 MOT.75-683 MOT.75-684 MOT.75-685 MOT.75-686 MOT.75-687 MOT.75-688 MOT.75-689 MOT.75-690 MOT.75-691 RES.75-692 MOT.75-693 MOT, 75-694 ORD,8428 PAGE . 1u12 12•22 220010. 30038 15 28 28 29 30 38 40 40 41 42 44 45 46 47. MINUTES OF SPECIAL :MEETING CITY COMMISSION OP MIAMI, FLORIDA ON THE 22ND DAY OF JULY, MS THE CITY COMMISSION OF MIAMI/ FLORIDA MET AT ITS REGULAR MEETING PLACE AT CITY HALL IN SAID CITY IN SPECIAL SESSION TO DISCUSS AND:TAKE ?ACTION ON THE FOLLOW !NG MATTERS: l. C1TY'S UISIT.JON OF FLORIDA ._EAST_COAS ` RA1Lt 'NAY OOMPI NY PROPERTY___ 2, BAYFRONLAND .D I CENTENNIAL .PARK. i DINNER KEY AUDITD:RIUt 4, C.BID, .,_CONVENTION CENTER, THE MEETING WAS CALLED TO ORDER AT 9:20 O'CLocK A.M, BY MAYOR, MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION PRESENT: COMMISSIONER (REV.) THEODORE GIBSON OMMISSIONER ROSE QORDON VICE MAYQRJ J LI MUMMER, JR, MAYOR, MAURICE A. tERRE ABSENT: COMMISSIONER MANOLO REBOSO (WILL ATTEND LATER TO VOTE) ALSO PRESENT: P. W. ANDREWS, CITY MANAGER tk K ,' CROUCH, SST. ITY MANAGER JOH S LLOYD, G TY AITORNEY U. U. SOUTHERN, ITY L ERK ALPH G. UNGIE. SST. LITY CLERK AN INVOCATION WAS DELIVERED BY COMMISSIONER (REV.) GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. Mayor Ferre: Good Morning ladies and gentlemen. This is a Special City Commission Meeting for the specific purposes of discussing four items: 1. The City Acquisition of the Florida East Coast Railway Company Pioperty of Biscayne Boulevard. 2. The Expansion and Improvements on Bayfront Park and Bicentennial Park. 3. Discussion on the Dinner Key Auditorium and the review of a special report to be made by the arthitects and engineers who have studied this. Lastly, the long awaited for C.B.D. Convention Center. Now as you will note we have only four members present, Commissioner Manolo Reboso had an unfortunate accident where carrying his little baby daughter he fell and splintered one of the discs in his spine and as consequence he's been laid up in bed. This however, in my opinion is probably going to end up being one of the most important City Commission Meetings that we've had in the last couple of years and out of this I think some major dLrectt*ga JUL 2 21975 twill be eet for the City of Miami Otte way er another. 1 diet tared this with Comm Wiener heboeo and he in turn went to the hospital yetterdey and talked to the doctor and he will be here later on this morning to vote Now. he will be tteattttg the distussione by a spatial hookup on a phone in hie home:. Nevin tome dawn here, live asked him to be here between 11:20 mid 12tOb o'clock or sooner if we tall him and he will vote on all four of these items. NOV as l ut deratand it,the Managerle bffi.te did yesterday take an etteeption ae thy ret Beet and briefed him, showed him the drawings end the different matter to be discu red here this morning. So he has briefed and he mill be here to vote later ort this morning. heeauee of that, and out of consideration for Commieeiofter heboeo, the their will eet the fal- lowiag procedures. We will dieeusseach item and tot tome to a vote on themuntil we have all five members of the Cotnniissiott present. At that time then we will take eath ore of these items up and vote for or against or whatever motions tome out. f think this is out of consideration for one of our own. t think this its the best may to do this. On that basis Mr. Andrews-= Mrs. Gordon: I was going to say this is probably better because they are trether interrelated some of the-�-� Mayor Ferret And the reason--- oh: I'm glad you mentioned that Rose. The reason why I chose these four items to be talked about at this Special Cotarission Meeting is because to a great degree there's an interrelationship between these items. And I think it's important that we get the full View of what is before us before we come to a final conclusion. All right. Now Mr. Andrews. Item #2. Mr. Andrews: Mr. Mayor and members of the City Commission. The City Attorney will give you a status report on the matter of where we stand as far as the acquisition is concerned. I want to personally express for the City administration that I think and I hope that the City Commission will give even greater positive direction toward the acgtt- isition of these properties. If we are to move ahead with the widening and the develop- ment of the boulevard which not only affects the properties fronting on the boulevard alone the F.E.C. Property, but that of the Bicentennial Park. It's imperative that the Commission give even more forceable direction as to what should be accomplished than we have in the past. You will be examining such proposals as partial taking versus continu- ing of process of attempting to acquire the property simultaneously at one point and time. With that I would ask that Mr. Lloyd brief us as to the status of the acquisiton. Mr. Lloyd: Mr. Mayor, well of course the unfortunate circumstances that in the first place. The matter is still under consideration by the Supreme Court on the certio- rari precedent as you know we argued the certiorari on the merits of that on June 6, 1974. Since that time two members of the court that were on the panel at that time have retired. I believe that of course if they are not still considering the matter themselves, substit utes are considering it for them. There was a,five member panel at that time. Now as you all know the lower court --- As you are aware that in the original condemnation proce84 ing, the City of Miami filed an action, eminent domain in September of 1971, I believe and it sought to acquire the following F.E.C. Property(I wonder if somebody will show that in the outline). Yes, the red area is what has been filled subsequently. That area surr ounded by yellow. Now the lower court granted the city the right to take only the parcels surrounded by green, the rest the lower court determined that that property was necessary for the successful operation of the railroad and refused to allow the City of Miami to take that property. From that order the City of Miami appealed. The appeal was to the district court of appeal as a matter of right as far as the appeal went. The district court of appeal reversed the lower court.' Now it's essential that you understand the element of that reversal. The district court of appeal in reversing the lower court and remanding it to the lower court decided that the court had insufficient evidents before it on whether the property which the city was denied the right to take was necessary for the operation of the railroad. And remanded it for a consideration of further evidents and testimony.' Now then the next in the order of proceeding, the railroad filed what is known as a petition for writ of c e r t o r a r r i to the Supreme Court of Florida. Now that` type of a writ is what is known as a discretionary writ. Ce rto r a r ri means review and the Supreme Court may in its discretion or does not have toreviewopinions and decisions of the district courts of appeal. The Supreme Court determined that it had jurisdiction first decided to review the case on its merits and granted the writ of cer to rarr i Briefs were then filed in May of 1974 by both parties, by the railroad and by the City of Miami on the merits, Now this is also important to note. In the entering period in April of 1974, the state legislature passed an amendment to section 360,02 of Floridastatutes Now that statute is the statute which gives railroads and canal companies in Florida the right to condemn property for their necessary purposes. ,,1Lf1975 atatute� tow added by the legislature to that railroad and t quote dirett1y bereuee its very short the foiiowieg words: referring to the right of the rai1troeda to rondothee cite iegieieture added tide ametdt5ents Nth right shall be subordinate to the tight of the govertmettal entitity wherein the property to bested to teedeon said property through the exercise of tta powers of etinent domain ter a public purposes Now theft because the legislature petted thatetatuten our brief to the tupteme Court as oar point I. we tray (that is the City of Hiaai) the contention that tilt statute, the trends nt to that railroads t a t ut use applicable immediately iately upon tte taking effect ea e law which it did to give the city a right 'Superior to that of the railroad to take all of the property which the railroad had and which was itt the ortgitt al eminent domain proceedings The railroad contended otherwise.Th e i r contention vas that I. the 'Status was not passed utitit after the proceeding had begun and the order of the lower court and the district, acid could not have a retroactive aspeet. 2. They contended in any event ; it only applied to a piece of property owned by a third party in an original proceeding whereby both the railroad and the government entity where the props erty was located, both attempted to acquire the same piece of property ao those were the contention before the property. Our contention was that in a civil action of this nature 'eventhough the statute was passed later. Mitre the rights of the parties Ate later affected during the process of the litigation by a statute, a atatemay be nPpiied* And too that it did apply in view of the fact that it held at the right of the city, the rights of the railroad was subordinate to that of Municipalities. It could apply in this instance. The Supreme Court, in addition of course the other phase of the litigation was also before the Supreme Court, that is whether or not in the event the railroad did not apply this section of thesitatutein one way or another. The ease,hould be remanded to the circuit court for further consideration of the testimony on whether or not property which the city did not have the right to take was necessary for the MMMees ful operation of the railroad. Those matters are still pending before the Suprecte Court. It has been over thirteen months and we have no definitive word one way or another. NOW the questions is all constantly raised whether or not the court has a time limit in Florida There is no time limit for courts of appeal including the Supreme Court in Florida. in which, they are required to make a decision. There is no way legally that we could require the Supreme Court to make a decision. Now, the subject has been raised of course as to whether or not we might continue with the acquisition of the parcels which we can take, providing that the chief judge would give us permission to proceed . We would if so directed be prepared to file the necessary application to continue the condemnation proceeding of those parcels. That of course is up to your discretionas a legislative body as to whether or not you wish to attempt to proceed in this fashion. This is the status to date. Mr. Andrews: Mr. Mayor and members of the Commission. One other factor that you should be aware of in this entire matter . I asked Mr. Ben Simpson who is the district engineer out of Ft. Lauderdale for the State Department of Transportation to be here and he is here. And Mr. Simpson if you'll just stand so the Commission can recognize you. He's here to obtain first hand the City Commission's concerns in this matter and the involvements of the State Department of Transportation. In so far as the right of way along the boulevard is concerned and I'd like to explain that to you at this point. The boulevard in front of Bayfront Park is 230 feet wide with parking down the center. The present width of the boulevard in front of the F.E.C. Property and the Bicentennial Park is 103 to 107 feet in width. Depending on the location. It has been proposed for many years that an addition- al 50 feet which is identified in the black line be acquired by --- which would expand the width of the boulevard to take care of traffic and provide some amenities within the center of the right of way so that, that width would be 150 feet. Now the plan is that we are advancing to the state that if the city should acquire these properties and all the property eventually that the state then would participate on a pro rated basis for the ac- quisition of the 50 foot strip. In other words using the bottom parcel as an example, the cost of that would be pro rated per square foot and the State Road Department would partici- pate in that acquisition eventually by paying the city for that expense of acquiring land. They would be called upon then to further condemn the right, of way if we chose to move ahead immediately of the property in-between the parcels(that's this piece right there and this piece here) further I'm recommending to the Commission that if we proceed on this basis that the State be asked to acquire an additional 50 feet as shown by that red line connecting the green areas so that we would have an area that could be landscaped and continued a whole park atmosphere right straight up the boulevard. The city is cooperating with the state, in that we are designing our Bicentennial Park so that when the state is ready,the landscaping that we are providing in this area of the Bicentennial Park, the trees that ve are going to plant and the things that we are going to do will be consistent with the dev- elopment. In other words, we are not going to develop that in such a way that we are going to put a great number of amenities in there that are expensive and that will have to be undone, So that will give you the status of and hopefully give you information op which you can make a decision as to whether we should proceed immediately with these parcels or wait for some period of time to ---R Mayor Ferre; all right. Now---- ladies and gentlemen I want to at thin point +state JUL 221975 my position and give you the legit of why t think we should trotted to this item. } es the Supreme Court at Plarida has been eating an this far thirteen months. ate of teases have no eantrol over the Supreme Caurt of plottda. They mAy take another month, at tWO menthe but sooner or latar they have to rule on this item. 'then they rule. they ate nether going to agrae or diaagrree with this. tt we proceed to take the property vhtth is outlined in green and if the state proeeeda to take thisitrip along htsesyne Soulevurd to effect, uhat that will do to advance the timing of all of beta. If the .Supreme Court then agrees with the city and says we have the right to hake all of the property. Me tun then expand the taking and hopefully (t don't have the a,asuranee) but t teal eomfortable to saying, that I think the State of ylorida will eooparate and t AZ talking about money ttov to part of this taking. And the Metropolitan Dade County will also cooperate. So that 1 think we will have at that point ateording to our appraisal and you will have to tutderstat;d that we that we cannot reveal the appraised figures at this times because if we do that, that just eteates problems for our lawyers when we go into Court into taking aid it just gives ammunition to our opposition. until we are actually ready to - for the taking. 1 don't think --.. I think anybody that knows anything about real estate or downtown values can more or less guess what the figures are and I think, at least ray guess was pretty accurate when 1 heard some of these figures y Now, if the court rules against us. It is my opinion that we should go and proceed in the taking of those green areas that the state has allowed that the courts have permitted us to take anyway, because in that way at the very minimum. Me will have a green strip all the way from the present bandshell at Chopin Plaza all the way over to the McArthur Causeway. Now, I don't want anybody to misunderstand my position. I am completely, totally, 100% for the taking of all of the property. I think it can be done. 1 think it should be done. I think we will have sufficient mon.ies to do it in, that's my personal position. I think its eas` ential we get started. Now, let me tell you what -the procedures is on this thing(you know) we first started discussing this five years ago(eighteen months ago) we were trying to accomplish this(thirteen months ago) we argued it before the Supreme Court and still we are at zero point. Now, if this Commission today votes for the taking of that property (and I want Mr. Lloyd to clarify this and tell me if I'm wrong) As you said, you have to go to Judge Crawford to ask his permission, then you have to prepare the briefs for taking or whatever it's called. Mr. Lloyd: It's what's known --- it's depends upon the manner on which you wish to proceed. If you wish to proceed rapidly you file what is known as a declaration of taking. Mayor Ferre: Ok. That ---- I understand that if we go in for a quick taking which is what I would recommend.D e c l a rat ionof taking, it will take two months, because the courts are now going on a vacation. Is that the way it works? Mr. Lloyd: Well, that's of course in assumption. I mean to say is a estimate of time. I would say at least two months' to get the hearing before the court. yes. Mayor Ferre: So in other words, what I am saying is that if we decide to proceed in the taking today it's going to take us two months just to get to court, then beyond that, then, I'm sure the trial would be set (and God knows when that is), so at best we are six months to seven or eight months away from even accompanying this small thing. In the mean- time I'm sure the Supreme Court will have ruled. I (it is my opinion) that if we proceed on this today this will in effect (Ithink)will have a:psychological impact on the Supreme Court and others to just get going with this thing and finalize. All right and one last thing that I think is important in this and that is (I think) there are two ways in which you take property. One of the ways that you take property is 7•ou say we are going to take the property, here's the right that we have to take it and we will now go discuss and argue. how much its worth. Once the jury decides what the worth of that property is, then we come back and decide whether or not we want to take it. Now, that's the procedure we took with the ball point and in my opinion is one of the reasons we lost. Now, the other way to take it which is a little bit risker but I think we are at that stage of the game as you go and k' you take it and there's no going back on it, then what you do is you go and argue about what its worth, now from the figure's again that we cannot not discuss. I think we can well defend at a very reasonable price what these properties would cost including severance which is (and I am not a lawyer) but the arguments against severance I think are very, very strong because when the FEC themselves decided that they were going to split these properties and sell one to Holiday Inn for hotel in effect, they themselves severed the property, so there are a lot of arguments against any severance damage which are in our favour, but of course that's up to a court to decide. The point is that I think if we are going to do ' this we ought to proceed boldly and with a little bit of courage and it's time now to get going and get on with this thing. In closing, again I am going to say, and again I repeat, that we can always amend this, we can always expand it to include the full property once the Supreme Court has ruled and hopefully we won't even be up to court before that ruling comes in. Mrs, Gordon; Mr, Mayor, may I ask some questions please? Mr, Acton, will you please notify us, tell us when the zoning on this property was changed was Waterfront Industrial. to Commercial 1. Mr. Approximately four years ago Commissioner Cordon. MtS, Gordehl HdW long art they •elicited to operate under grandfather -clause/ Mt, Acton: ItiS five years. Mr, Andrews: And it was July 8, 19/1 and the ordinance became effetted August 1971,84 so August 8, 1976 is the limiting data. Mrs, Gordon: August, 1976 the limiting date Oft any operation of this nature on any portion of the of the property, right? Ok. Next quettion, the portion in red, it is now being used fot the same image as the portion that is directly south of it, it that correct? mr, Amirews: Yes. Mrs. Gordon: It is illegally being used as Waterfront Industrial, it was filled brought up from the water and is being used as Waterfront industrial, therefore that portion hii,? no grandfather clause* is that correct? Mr. Acton: Mrs. Gore= months ago r,L6 we Lloyd do ycl. kaow zoning? That is correct. Ok. Haw many months ago is it that we went to court, or how many direct our law department to investigate this and to go to court, Mr. the date where you were first informed of this possible violation of Mr. Lloyd: I think it was April. I think and we filed very shortly thereafter. We're in court now. Now the matter has been. Let me explain about that one. We filed a petition for an injunction in the court on the basis that our legal remedies were not satisfactory to enable us to occur the activity. Now the immediate legal remedies would be charging ',..1,ese people in the local county court with a violation and of course this is a day to -lay violation and even if they were found guilty everyday it would not nec- essarily stop them from continuing ,because all the county court can do is asset a fine or someoo:y oz something of that nature does not stop the operation. So the other alter- native wat.: to file a petition for an injunction on the basis that our legal remedies were insufficient to stop the operation. Now then we file such a petition claiming of course putting in our complaint of course that there was this violation of the zoning ordinance clearly spelled out that it was a continuing violation. Our legal remedies were in- sufficient. Now, twenty days later, the railroad as under the law filed it's answer to the complaint -ileging both what is known as an affirmative defense and a counterclaim against the City of Miami alleging that we were interferring with inter -state commerce within the prescribed period of time we file our answer to the counter claim. We had the case transEerred to the federal court, because we felt that's where it belonged. The fed- eral court tact- transferred it back to the state court. We are now preparing and will be prepared to file what is known as a motion for reinTannt within the next few days. Now, then the reason why we have to be very careful in preparing this is because of the many issues involved. I would like to explain exactly what a summary judgment is in the normal course of proceedings you file what is known as a complaint in any action. An answer is Filed and the cause then becomes at issue. When the cause becomes at issue, unless you file for such a thing as this. A notice of trial is filed and some many months later the cause comes on for a final hearing with both sides presenting testimony and evidence. Now, I was asked by the Commission to accelerate this, therefore we are prepar- ing what is known as a motion for summary judgment. Now that is a motion which is present- ed in which you present in affidavit and exhibit attachments to your motion and the court may consider those summarily. And if the court believes that there is no despite as to the evidence and that you are entitled to a summary judgment immediately. As a mattter of law, the court may enter that. So this is what we are seeking at this time in an effort to dispose of the matter expeditiously, Mayor Ferre: Whose the judge on that in the Federal Court? Mr, Lloyd: Judge Mehrtens was the judge in the federal courts. It is now in Judge Kehoe's court in the circuit court. Mayor Ferre: All right. Now, I want to state for the record that this proposal that I have or I haven't asked the administration's opinion, because I want the admin- istration's opinion on the record. But this proposal in no way goes against the hot pursuit if you will of both this matter before a federal court or the matter before the supreme court. I think we have to vigorously pursue both of those actions. • J1,11, 22 1975 Mrs. Gordon: i augice, tit not arguing with p rib jttst trying to get tads btt the table. If we'rt going to haste deettiona ve want to make the with all the facts known, I want to ask you another Oueetien [r Lloyds toes The Supreme Court of Florida know that this operation is aerating in a toning w1teh it under a grand- father clause and that they have expanded into totally illegal use bt additional mind, of ate they , us t judging it on the previous information they teceived A year and a half or so ago? Mr. Lloyd They ate only judging tt upon the record of the proceedings of •e year ago that's ail they can. They could not consider this until the record was established itt the lower court softie time later, They, it anything vas sent up to them, they would immediately :-cre it back acid not eonstder it. They cannot legally consider this chatter yet. They would inform us directly that it would have tto bearing oft their tonsidetatioti of the ce:i.,;.0 coon action. N:s. G,rdon: Ok. Sometime ago you and t dteeuseed the possibility of beginning a new suir s_ c:,:c: new facts had entered the ease and they tiers rather different than the origi: A' cse 4id been. Are you discounting this totally? LLoy the cou: _ _. r; do is t t the basis ci7 issue is now take ;juri.s,:. u. At this time for this reason: because the extreme lively would be that ...a of the fact that the issue on ---- the status =- you see what we would i'e In the court another petition for condemnation of the whole parcel on Lhu amendment to that statue about vhith 1 have spoken, but you see that Clore the Supreme Court and it is very lively that the court would not ton of that until that issue were decided. Mrs. Gordo:: I am not going to argue the law with you, because you are the lawyer I'm not. "riL. does puzzle me that facts have changed, situation is different, decisions are possible to be made upon facts that have already been alternated and no longer in ex- isten.ce ._a<<. , and that fact is that this barge operation is currently being operated on the fiL1e :: couldn't operate at all if they weren't using the filled land. They have already c::e,ie off their water -frontage which they need for their operation. I told again, I'tell you ACJ, you're the lawyer, you're gotto to make the legal decision, but these things are .uzzii.-_. Z,,hother thing with regard to the severance and the portion that are being considerLL o.. severance. From the map as I'm looking at it. It appears to me that with the the boulevard a portion of which would be paid by the state, a portion would not be, Ls right Mr. Andrews? In other words the City of Miami taxpayers will be paying for the ,'. ig of the boulevard. Laya: -e: Not all of it will be paid for --- Mr, _•::;rr:s: The present width is about 107 feet. Mrs. . ;'•::r(1cn : And we are speaking of the land to be acquired. Mr. e::ur.,s: The land to be acquired (this script that's shown is black that overlaps :-een area) would be paid for by the state. Mrs. Gordon: And the additional portion? Mr. Andrews: The additional portion. We are asking that the state in cooperation with the city (or this is the proposal, I'm advancing to the Commission really) is that we then a::i. the state to take these additional portions (in between here and there) so that when we acquire this and that, that could all then be connected up, with additional 50 foot gren o:c.lt. Mrs. Gordon: Let me ask you another question that's very important. Since we can't get the decision from the supreme court so that we can condemn, how is the state going to do that, holi is that going to be done? Mr. :'drows: The state would be condemning it on an entirely different purpose in that the pYbie right's of way and roads have a' much higher priority in the area of cond- emnation and that for parks and recreation purposes, so they have every right to go in and condemn A greater right than the city has, in terms of parks and recreation usages. Mrs. Gordon: Mr, Lloyd, since the supreme court is considering the entire parcel in the suit that the FEC has up there. What makes you feel so sure that they are not going to battle you down the line to get these severance pieces? These smaller portions? JUL 2 21975 • Mt. Lloyd: Ohl It% sure they wt1l Mayor Pert*: No, no you are sure that they will argue it, but you are trot cute that the court is going to agree with their argument, • Mr. Lloyd: This is true. rat►k .y, t dott't understand the tulestion, because we are dealing with not rights to take but damages. The too different elements. Severance is damages. Mts. Gordon: Didn't the Curt of Appeals say that toe could take the whole thing? Mr, Lloyd: No, t distinctly explained that. Mrs. Gordon: The lower court said we could only take portions. Mt. Lloyd: `that's right, Mrs. Gordon: It was appealed and that was reverse (you told us). Mr. Lloyd Oh, now listen, Listen very carefully to what l told you. Mrs. Gordon: Ok, say it again, Mr. Lloyd: I said the District Court of Appeal simply decided that insufficient evidence was presented for the lower court to make a determination that the property which the railroad was using in which we were not allowed to take was necessary for railroad use and sent it back to the lower court to consider further evidence and testimony to determine that, that's all the District Court of Appeal decided., The District Court of Appeal did not decide that the city had a right to take that property. Mrs. Gordon: Any of it? Mr. Lloyd: Any of it that was in issue before that court. You see what was not an issue was parcels 1, 3, 4, 5, and 6. See we have the right to take those. The only parcel which was an issue is parcel 2 which is the rest of it before the District Court of Appeal. Mayor Ferre: That's exactly why I argued that we waited long enough. Let's gets going. Later on we can take all when we expand our case. Otherwise you know, it's going to be a minimum of six months before we go to bat. Let's get going so that at least we're in line. Mr. Andrews for the record I would like the administration opinion on this. Mr. Andrews: Well, I'm of the conviction that if the City Commission and you've demonstrated that quite clearly that you interested in acquiring the entire tract. If that's the case my fear is that so much more time is going to pass before decisions is reached and secondly, we are not sure of where we stand in terms of what the court my decide. In order to encourage the State Road Department and further development of the entird boulevarbd: It's my recommendation that we proceed as rapidly as we can with that which we have auiErizedto go ahead and move on it. I think if we continue to delay sev- eral more years could pass by and we may find that any difference that there would be in severance damage. I'm optimistic that once the City Commission gets moving on this that the court will react to it. The State Road Department will react to it. We'll get Lhe kind of cooperation that we believe we're entitled too from both the state and the county. The Commission will demonstrate that they are being forceful, that we are moving ahead and I think it's just bad in the public sense to keep procrastinating in an area in hopes that we can improve our position. In the meantime we may be losing very valuable dollars in terms of the fact that this property is certainly not decreasing in value and maybe hindsight now, we should of taken this step thirteen months ago, rather than wait until this point and time. Mrs. Gordon: Mr. Vincent Grimm, our Public Works Department, may I ask you some questions? Are you familiar with the parcels being discussed, the portions to be severed from the main parcels, beginning with the one furthest to the south. After the 100 feet would be cut off of that for the widening, how much land would be left? Mr. Grimm: I don't know the specific answer to that answer Mrs. Gordon, Mrs. Gordon; Well, I want to know how much depth will be remaining in the three parcels which are rather shallow, the one that's deep I can see there is some land still left, the others I'm doubtful, Mayor ?erre; May I answer it this way for you, It will be just as large as the Mini Park that we're putting on Flagler Street, 7 J U L 22 1975 M. And,;:ews: I can give you atae apptoliffiatt distaritts itt teat with the tap heto if you will follow this, This dimetgion ftot the yellow line to the black is 30 feet1 This renainin3 distance Is about 75 to AO feet itt depth, Mrs. Gcl:d It would be 25 feet approximately leftOk the next one. Mayor , No. no. wait a motent. NOw would you tepeat that again please, That's not the way I heard it. Nr. Z,,,,11-cw:4: The distance from the yellow line to the black line is 50 feet, the Lli,J black line to the other green line is approxitately 80 feet. And we were discussing an additional 50 feet of widening It's 180 less 50 Maurice where she's confused, the Manager had said on the two parcels that ;-,rc -] not Lo be acquired, he was going to ask for an additional 50 feet there, but nc:. .-•lccels that we are not contemplating . ITA other words, we would have a park on the waterfront vhich would be 80 fect :1,,p.:1„ is that correct? t understand. rAillat I was trying to proposed to the Commission is that if we proceeded with ' * (inaudible) We would encourage the state to immediately react in _iring the 50 feet in this area for right of way purposes, we would want them Lc) and acquire an additional 50 feet in these two locations so that when we acqui,L-3 irifL ' CAis .ad and all of that, that can all be connected up into a green ---- in other words, it would be a landscaped border, but that's about it. It wou v very much other purpose, right? Well this area, right now (the entire green area) would just beautify the FEC property. that ::,)t11,iii with FEC. Beautify the reamaining property It would also beautify a horrible Biscayne frontage which is much in need of boal..L.]H; it would give us a green belt or a green strip. In regardless of what happens reJtainding property, either the supreme court rules against us, at least the noL have to envision and see all of that and I think it would be bicycles paths, paths. It would be a connector between Bicentennial Park and Bayfront Park. I \.onder if I might point this out from a legal standpoint. I hesitate to tic whole story was never volunteered, but I might mention that and this is just deliberatiopf you to consider in your you wish from a legislative „as ions as the FEC owns that property fronting on Biscayne Boulevard and if the S Department were to attempt to condemn that property from the FEC, you see they ulcf -„:11Lting off a portion of the FEC property and would face the probability of severe buiness damages.. ayor 20rre: They'd have to be roads -access John. Mr. Lloyd: Oh! No question about it. I am not talking about roads -access, i'm talking about damccs. Naturally, you'd have to give them access. We do too. And it's been provid- ed for. I :;..!an I'm talking about the fact that ---- you see they would be cutting off a piece of i)r,.:2erty of the FEC and which is currently being used by the FEC so the State Road Depaent would be faced with serious business damages which of course if the city acquires L1eir property first that would not be the issue. I just simply pointed that out for your trs. CorJon: I just have one more question, I'll be finished J.L. and then you can go on. I'm holding a paper here that 's been clipped from the Wall Street Journal which indicates Jia kind of intention that FEC has and they don't give a hang or a hoot whether they're zoneC, for it or they are not zoned for it, even though they're grandfather clause on a porti of the property expires in approximately one year, they state and I read from the Wall Street Journal.(One)Flotida firm that doesn't mind talking about the Cuban plan is the FjorLda East Coast Railway. In conjunction with the Trailer -Marine Transport Corp. • 8 )131,,, 22 1975 at Jacksonville Base, tarp 'Operate. The Fibrilla tat Cbltat is teadyittg it's iattti facility for Cuban trade, The Meta trade is poaaible, ketently, the City of itia i tried to condemn property in tahith the toM tted railway reality is iotated ab it Could be used for $icentettttiel park but railroad official appeared to have beaten back the attempt. We want to be the fi.ratest with the moatest said W. Thornton. president of FCC. If Cuba were to open up today we would Mart shipping tiaffit to- morrow, We e , ect to do a big busic esa, row, in my opinion, it we start showing that we are giviog in by snipping away little pieces we are in effect defeating our.. selves. in my opinion, we trust he more forceful than t5e've been. We must proceed its a tore direct manner. I at not telling you Mr. Lloyd you haven't, but i at telling you is thaL I'm opposed to the snipping away and trying to gain nothing which we are gaining nc_:rLg by taking these little pleat. Y am very opposed to it. Mayor 'e,r: ': All tight are there any members of the ---- Oh- = 'tt► sorry, .? ?., you had a qu2sti.on. Mr. P11: m e,:: Yes. Mr. Simpson, does the State at this tithe sir, have anything definite and c,::i crete on the drawing boards in reference to the widening to the area in questioni Mr, bl.j:;; . :, Not at the moment. As a matter of fact my first exposure to this entire t i i:as been this morning and I'm at this point just listening and trying to determine •`..: the direction of the City of Miami would like to pursue. Of course, there are aay nu,..,:er c2: legal and other questions that I would need to have answers to before I could mare .any comment one way or the other as exactly to what we could or should do Mr. P u:.;rn r: But to your knowledge at this time there is nothing of a time schedule that is do-:.nrtiy been set? No, I do not have anything in my five year work program at the moment for Bi.scz y ' :.. i.svard in this particular area. May.)r -crrt I might add to that if I could Ben, because you of course is the District En;-i , per for this whole area and you have a boss and he has a boss and the final boss .s the GG,.ernor. Now, the Governor of the State of Florida has in conversation to Mr. Alvah CI,,,nr an and Hood Bassett of the Southeast Bank and others committed to the impr- ovement of :,cme of these traffic problems of the downtown area and this specific thing was mentioned .,:•<c'•iscussed. He stated that he would certainly be in a most cooperative mood and 5.;.psc;.;: Yes. I would be very surprised if he didn't make such a statement. The pro;ec._ cc be introduced into our work program without too much difficulty. It wouln .. Lae to get it put together, but I -- is. G:t-::on: How long is a while? : Like five years to put it together. That's the problem. That's why we've got to get going, because the clock -- Mr. Sii:pson: I wouldn't want to be in a position you know ---- :1r. PlL.n:mer.: Mr. Simpson, the other question that was touched on. The way that it was answered 1 didn't get a definitive answer and I would like onefrom you as to the phil- osophy. If in fact the State decided to make the improvements in the widening of the roads the State wl. pick up the entire tab not assess the property owners? Mr. Sir;;.son: You mean for the widening of Biscayne Boulevard? Mr. I'tiu riser Yes. Mr. Sir=pson: Yes sir. Of course the project would be carried out under our primary work program. There would be no assessment. Mr. PI_urnier: No assessment to the property owners. In other words what I am really getting at Is if the city purchases this property, you made the widening and then we the city are ;,otn, to get assessed for the improvements I would be very reluctant. Mr. S:.c::p•on: No. no that's Ir. i". ur:Lner: All right sir, Thank you, Mr. Lloyd, I have a question of you sir, JUL 221975 You seen, to if 1 undetstattd cnrrettIy, bated your entire av salt in argument before the Suprare Court on a retetit atttnfl et OW le'gislatute ay only 4uaatioft Is if you had not had that which way would you have pursued and in tett is the atope large ens ough to cope with such a problem rather than , uat a tingle argument? Mr. Loyd: drat place I did not proeeed bolely on that basis because I had t+ conceive Loth arguments. Lena take this hate at the time if t may, MIA Co iissiottet? first, assuming that the legislature had not passed that amendment to the statue, the only thing that would have been left for the tity to do would be to -attempt to uphold the decision of the Disttict Court of Appeal to remand the ease back to the eireuit court on the issue of right for further proeeedingt. The legislature passed that att So we weilt loth ways in our point one we argued in our brief that the legislature att gave us the superior right immediately. It our point two, of the brief we did what we should do and cid do legal to defend the actions of the District Court of Appeals, tt[' deed, Mr. ,:loeft: Orseck of the firm of podhurst & Orsetk who has been of material assist ance to us in the handling of the first appeal in thie ease went with me and we purposely by prior o7,rezment of both of us. I wrote the brief, he and 1 both tent up and we split the argumerL. I took the argument udder point one, regarding the new legislature amend- ment and it's f f ec t . He argued before the Supreme Court agreement under point two itt defendit the action of the District Court of Appeal which we roust do. We could not ignore that. had to be faced with thedefitlitepossibility might not find that applicable but we did tai.e care of both points. Those were the only two points available to us attd we did arEue both of them. comfortable any of ' beyond ` L t All right. Mr. Lloyd, really what I'm asking is this, do you feel that everything that you have done today is all that you can do. Are there rir:aters that you need or any others that you feel that might be worth, exploring you have done presently? *t Li3»i: No sir. And if I might enlarge on that pursuant to this Commission's direct_o�. :aquested the attorney general to appear in the case as amicus curiae which he did c%f, cn amicus curiae brief on the subject of the amendment, the application of the c _.i.,en t to the status. The attorney general agreed with our physician in all but c w >t He agreed that the status was generally applicable. The only deviation from o.1- L.:., pin_ons was that we agreed that it was applicable to give us a right immediately. He 01a1 '._ r ile applicable we had to start a new procedure. Refile Mrs. Gcrior.; Excuse me, Mayor. That was the statement that I' wanted to hear. Refile the new c .e z..;d that's exactly what I asked you before. ri: Refire. Yes. However, after the Sup'eme Court makes this decision on the appliabiiity of this status. Nr . C, o:-:i on : When did he join you Mr. Lloyd, how long ago? Mayo- Farre: In May. Mr. .ioyd: No. It was probably --- I don't know the exact date that he did. It was no:: i-_cehtly. It was quite sometime ago. Several months ago. A?rs. Gordon: Yes, but it was not at the time we first fi]ld. It was at that. our urging M.*. Lloyd: Well, you — this Commission directed me to ask him. I didn't. Mayor Ferrer All right, Ladies and gentlemen I know that this is a very important subject. But we also have three other important subjects. We are now an hour and fifteen minutes into this meeting and we really and I think we have to let the public express them- selves that ----- how many people want to speak on this item? On this particular item? One, two, three, four. All right ---- I am going to recognize you for your last question. Then I'm going to let---- will three minutes be sufficient for each one of you? All right. Now, Mr, Plummer. Mr. Plmmer: M'r. Manager, I- if you have available from you ah out that little thing that I continually talk bring us up todate without and I will respect the wishes the cost of this acquisition, but as to the total monies what is left and where do we stand today? 10 would like a complete breakdown about M 0 N E Y, what if you will of the Mayor that we don't discuss available, What has been spent, Mr, Andrews: Mt. Mayoro tit prtpared to 'do that right now it you ehooAv to do so. Mayor Ferret Well, 141.1 tell you it you are going tb have a chart arid all that• , Mr. Andrews we are going to get into this anyway when ut get tO the next item Athith is Bayfront and Bicentennial Park, If the Vice l4ayor would hold for the Ammer Until we get to the next subject, I Would be grateful? mr. Plummer: As long as you understand 1 don't have any intention of voting un- til that little matter it distutsed. Mnyor Ferre: Of course, of course and I think you are tight and we all subscribe to that. over it because I'm trying to expedite this now. Bob t'll tecognite you for th:ce minutes. Would you put the titer ft? Mr. rrb Kunst: 2773 S.V, 34th Avenue. About seven months ago an article appeared in the Miami Herald in the business section suggesting that that property that they were taikinL; abow: was now that was owned by the PBC had been sold to a corporation out it San Franciaco and I was wondering if that had been pursued it terms of whether the PBC even owns some of the parcels you are talking about right no. I did mention it to Mrs. Corn: a long time ago specifically about this. Mayor Ferre: Let's get an answer to that. Mr.Lloyd we checked out the title to this thing --- Mr. LiGyd: We have an up to the minute title opinion saying the FEC owns the property. Mrs. Gordon: Bob, I'm am not sure that we are not discussing the Ball Point portion of the St. The Paper Company. Mr bob Kunst: No, I distinctly remembered it, but I would suggest you know just as a folle,,/ up ning that perhaps you could look into the Herald business section. Mrs. Goren: There was a discussion of a firm in California negotating on Ball Point. Nr. ,),Jb ;:unst: Oh-- that's was Ball Point? Ok. All right I have a few observations. First of ail 1 personally don't like the idea of taking 50 feet from the rest of the Bic- entennial Park for more tar and concrete for a roadway with all due respect to Biscayne Boulevali, I chink if you want a green belt the easiest thing you could do right now is plant to2.3 both sides of Biscayne Boulevard and you really could make a green belt out of it. T.'en the FEC in that little strip there has planted oleander and what have you and the setting up their own little green belt. And asfar as the public is concerned they don',: know whether it's the city of the FEC that's doing it. It's there already,. I personally resent you taking 50 feet which could be really used for people and making it into . road, whether it's in any of those little parcels that you can condemn already or a very large s triP from Bicentennial Park right now. Mayor Ferre: Bob, you recognize that it isn't we,it's the State Road Department that is goinz to take that. Mr. Bob Kunst: Well, then I resent the city allowing the State Road Department to take 50 more feet from the people. When we could have it as a green belt. Mr. Plummer: Did you ever argue with them? Mr. Bob Kunst: Well, I'm arguing with you now. And in lieu of the fact that I have a few seconds left. I just think that a lot can be done to get away from the concept of a lot more roads and I think expanding what I think is already a bad concept of it like the parking situation between lst street and 5th street on Biscayne Boulevard. I have rather a anxious feeling that if you take another 50 or 100 feet that we are going to wind up e;:cending what I think is already a bad concept into that particular area. I think you know, you can make a commitment right now for next year to plant trees all along Biscayne Boulevard on both sides of the highway right now or both sides of the street without taking 50 or more feet. That's just an observation, Mayor Ferre; Thank you. Mr. Bruce Collins; I'm an Associate of LSR Government Associates. We represent the Miaui DtriCt Council Brotherhood of Carpenters and ---- AFL-CIO. In view of the situat- ion in construction, we urge that the Miami Commissioners pursue all projects which may put people t.) work. In the words of Walter Lipman, pursue the possible, This project may very well be needed for light rail vehicle right of way or monorail or whatever transit we 11 JUL 22 1975 eventually get along the toulevatd thank you. Mayor Ferret All tight Mr, Collins sit. Mt. Richard Rose: 111 %Et 45th Street. I don't think there;s any need for the to further express why this city should proceed to try to acquire this land because I think the sense has already been expressed better than I can do it Myself; but there are a few things 1 think do need expression. One is that I feel the tity Must have the determination if necessary attd 1 conceded it might be necessary to persevere and appeal this case beyond the Florida's Supreme Court. Betguse 1 think it's recognised that it's not unlikely that the Florida Supreme Court may take the side of the PEC. I think this is already partially indicated by the long delay that taken place in this matter. Another thing that tottcert s me .s, I feel the amendment passed by the legislation and I'm looking at this from a cohort sense point of view because I'm not an attorney. stares very clearly that the amendment is applicable to cases in which a parcel of property is being disputed over by both a governmental entity and by a railroad a.' by a canal conti which does not appear to be the case here. 1 think that it might be a mistake for the city to refile a snit and base the suit on almost entirely on the str<rth of this amendment. 1 feel that the legal precedentthroughout the United States has made it pretty clear that in a case file this the city should have priority anyway over the FEC in acquiring this land and I think that if the Supreme Court ruled ag4i.}t us that a higher court would reverse the decision. Thank you. Mayor Terre: Thank you Mr. Rose. Now Mr. Paul. Mr. Daa ?aul: My office address is 1300 S.L. 1st National Bank Building. I just want to address :Myself briefly to the point that Mrs. Cordon raised because I'm concerned also thatve not in anyway give any signal if we are attempting to abandon the acquisition of that whole piece of property. I spent too much time raising money for bonds and other- wise to be f,,.ra2 that we have one green area from the Miami River all the way to the Mac Arthur Cnurcoay. But I do think Mrs. Gordon that the way to get that is to proceed and to take this pieces now. The question is how to attack Mr. Ball most effectively and I think tLa= bon from the city's long range interest and from point of view of passing signals to the Supreme Court that we are serious and that if we intend to proceed, we ought to proceed immediately to do what the City Attorney recommends and that is to file a petition before Judge Crawford and ask him to entertain immediate ,declarations fo* the taking from the city on those pieces of property at the same time in that particular petition, the city attorney I am sure intends to state that it is the city's intention to proceed with the taking of all of the property as rapidly as the mandate arrives from the Supreme Court but that the urgency is so great that we do not want to wait, that we want to star: ;,1ta taking part of the property at this particular moment And I think that's the best signal that we could give would be to immediately move before Judge Crawford and at the sane time. I think that Mr. Lloyd will set forth in that petition the very facts that you want. It may be a way of getting before the Supreme Court, the additional facts in the record, because I feel certain that if Judge Crawford permits the city to file such a decoration there will be an immediate interlocutory appeal by the FEC to the District Court anc to the Supreme Court in the facts in reference to the expiration of their grand— father ci.ousa in one year and their illegal uses of the property will then be before the Supreme :our,. and I think its' a masterful technique the City Attorney is devised to as add the maximum of pressure. I hope you reconsider your position. Mrs. Gordon: In other words, what you are saying Mr. Paul is that the fact could not be presented to the Supreme Court unless we take this kind of a route. Mr. Dan Paul: I think this is the only direct and immediate route that you could those facts from. Mrs. Gordon: No other way. Mr. Dan Paul: I don't know no other way. And I think it would help your main case. Mayor Ferree All right. We will now take up Item ##3, which is Bayfront and Bicentenn- ial Park Discussion. Presentation by Mr. Ed Stone, Mr. Stone. All right, Mr. Andrews how long will this item take? Mr. Andrews: It shouldn't take no longer than fifteen, twenty minutes at the most. Mayor Ferre: I hope we can keep it to that because we are running behind. Mr. Andrews: All right. I just have a couple of opening comments Mr, Mayor, that I want to get us to the point of why we are here. Last May of this year, the Commission had a presentation made of the development of the north end of Bayfront Park. There, we recognized that there was some complicatedproblemsthat had to be worked put with off- Street Parking and the restaurant and the port department as far as .,,-.. Mayor Pette: Excuse the interruptions. Since u+e Aft going to street presenting things ot this side. Those of yott that Want to Sae then* yhoae you that watt to bee theta► I would ask for you tb stove ddo>wn it this dtrecttott so that ut don't have ;a problem of the Corttisaititf seeing thus and you're not aeetttg them. SO those of you oft this side that ate inteteSted Ott this subject if you Mould Move to this side, The tight side of the Mr. Andrews: At that meeting, ve presented the CoisMission with preliminary estimates that these itttptoVements tbul:d eat about A million dollars. The City tottttnission in June 12th, 19)5 adopted a meeting. Mayor Ferre: I'm sorry maul; Father Gibson: Mr: Mayor, few minutes ago made some sense at I sure now Mr. Mayor that we Mayor Ferre: Well, it all but Pather warts to let the ask a to me and it ate going to depends trhat 4uestion? Mt. Paul, what you said a rang a bell. Before we leave this iaeue follow his recom iendatiott? this Commission votes rather. Father Gibson: Wait, wait what I'm telling this Commission if 1 don't hear that in the r:cammendation you know Gibson may not be voting. You know what 1 mean? I'd like to get all of that as a part of the compositive consideration. ..ayor Ferro: Father Gibson, you , I will recognize you to snake the motion. Father Gibson: Would you write that for me please. Do me the kind privilege won't you? Mr. Dan Paul: All right. I write it. Mr, ,%ndrews: The City Commission in June of this year also adopted a motion sponsored by Mrs. Gorden to have Mr. Stone explore the possibility of providing a sensory garden or a garden fcr the blind in the Bicentennial area. This will be under discussion and with that ntro+.ction I'll like Mr. Stone to explain what we are proposing and then I'll tell soma elements about the off-street parking and the rest of the associates in relation to the plane Mr. Ed Stone: Very briefly, to speak first to the Bicentennial and by way of the progress r.opert. I am happy to report that we are ahead of schedule with the improvements and under budget. We anticipate receiving two other bids on the 28th and with any luck. I think :e 'FJ1 continue to be under the original budget. The work is proceeding well and in res)oise to Commissioner Plummer's request regarding due dates. It appears that those portions of the park visible from the perimeter will be complete in time for the Orange Bowl parade. I think - say that with a little bit of optimism and hopeful some prayer will help. Dave if you will point out areas one and two we, anticipate having complete by January of 1976. The area three which has more construction in it. More complex construction will be completed in March of 76, so we - that woulO include the restaurant tor. Mayor, yes sir in this area. Mr. Andrews: Mr. Mayor he's saying that the restaurant wwould be completed, but their construction would be completed but I can't guarantee that proposals that we are going to receive for the development and operation of it will be achieved by that time. Mayor Ferro: Paul, with all due respect I wish that the city would get going on that. This Commission went on record six months ago, that thing ought to be out for bid right now or whatever it is we are going to do to negotiate it. Mr. Andrews: We've waiting for him to finish a little bit more of his plans so we can tell people what it is that they are going to be bidding on. Mayor Ferre: Man we are in July now. I know---- when are you going to going to have that finished, Mr. Ed Stone: The plans are out for bid now sir. Mayor Ferre: When will they be received? Mr. Ed Stone: The bids will be received on the 28th and at that time if we are successful in awarding a contract, the city staff can go right. - right on schedule, actually we're ahead of schedule. 1 p re s ursethat so we are Mr. Plummer: Ed, before you go into anything also. let me Pacify, some it on the record once again, We are going to have something to dedicate and 1st day of January, of 76. people, get open on the ``' �_ 1975 Mt. ttd Stoner yes sit. ' mu k ►cv bortowing tbjbt .abor 1Lsput a §t ott schedule at the present Unit Mt. ?lutittnett Ott schedule mit that at that on tha let day of January., 1976 we are going to be thete with you to cut a ribbon. Mr. Ed Stone: t know that sit. i b@ett atutely aware of that for a grind tnanty months. Mrs. Cordon; Even if it d stuck between two trees, out a ribbon.(jokittg) Mr. Ed Stone ohs- I've been Waft of that. After but east public sheeting I was instructed by the Cot mission to tteet with each individual font issionet to go through the plans in detail. I did so. And if you'll permit the to step away here I'll kind of briefly review where we been and where we are todays(This was the plan and I presented to each one of these communities at the time of those individual meetings. The elements of the plan relate very similar to those -�..- let the as quickly go through the prospectives. If you will retail the interest its improvement to court roads (Unidentified Speaker) These have been seen by all Commissioners). Mr. Ed Stone: I'm sorry. Let me go to the new plans if I may. At the time of the presentatIcn and through a series of discussion with all the members of the city staff. Commission , restaurant associates, off-street parkingauthorities and other government1i and private agencies ---- slight modification came out of those expressions because ---- touching off here. One,there will be secondary to the parking area off of Biscayne Boulevard ( Speaking without mike)----- In addition to four improvements there will be a secondary to this location -�-- Inaudible Mayor Ferre: Now that round pool we are not going to go into that now. Mr. Ed Stone: No sir, that's not part of ---- at the time we discussed the budget for the park . This Commission instructed us to not exceed 3.5 million dollars and we'll give you the component parts of that at this time-- The area outlined in orange will he the area considered in this budget. It includes the port boulevard improvements, the modification of the parking lot, auditorium beautification, the park entry, Biscayne Boulevard down to the orange line and the outdoor dining and amphitheater and overall improvement, lighting and furnishing and re -landscaping of the open areas. We've also had a series of meetings with the Orange Bowl Committee and they have had a series of requirements on how Biscayne Boulevard has improved. In order to accommodate bleachers and the beautification as desired by all of the various people in the downtown. There is a detailcf that shown here in a two part section prospective that shows the landscape development in tubs on a hard surface but enter it first with grass and how those would be floor clipped away at the time of the Orange Bowl Parade and replaced with bleachers. The continuance royal palm plantings that have characterized Biscayne BouJ ward would be behind that, so that would be a continuance element. So at the same time we've been proceedinF, on this we were instructed to pursue a sensory garden and we would like to recommend to the Commission that the permanent location for that be considered in Bay - front Park, but the temporary location or we've got two alternative locations that are available in Bicentennial Park and we would like the Commission's expression on that if we may? The two alternative locations, but what we would recommend is a temporary century garden would be either here or here in Bicentennial Park. We would like to rec- ommend that the permanent sensory garden and garden for the handicapped be located in Bayfront Park, simply because of the characteristic of Bicentennial Park or as one is under the main approach to Miami International Airport and its surrounded relatively high noise generators and we felt it really in the long run ought to have a little more ---- environment which we feel would be down in the area of the Memorial Gardens in Bayfront Park. Mrs. Gordon: I have a question Mr. Stone. Why temporary, why not two? Mr. Ed Stone; That's certainly another possibility. So - we have a budget item which has been put in as an addendum and allowance to Bicentennial Park in the amount of $20,000.00 if that's the pleasure of the Commission or it exceeds the contract amount by that much. Mr. Plummer; Well the intent of this Commission has already been expressed, Mayor Ferre; Well and at this point I'm going to change the rules, Since I think that everybody is going to be in agreement if you'll make the motion Rose: Mrs. Cordon; As a great deal of pleasure I have to eke this motion that we include 14 JUL 2 r,, 1975 the sensory park withitt the tit: tttsi tia1 outlined, tot the um $20 0100400 as you have Mt, Plummer: I setrottd its because it's really ,dust the appropriation of the ittteht aiteady Mayor Ferre: Ali right is there any further discussion oil this itst1 Mr, Ed Stone: We recon lend it he located in a position closest tb the Boulevard and that -- Mrs. Gordon: I agree with you ot that. Mayor Ferre: That's part of the motion. Call the roll. Mr. Plummer: Mr. Mayor, just so the record is clear. You are tot deviating from your original rule of this morning that the four important items are not going to be voted on without Commissioner Reboso. This is merely the appropriation of a formal intent. Mayor Ferre: I just said that. All right, Ca11 the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-682 A MOTION OF INTENT TO INCLUDE A SENSORY PARK FOR THE HANDICAPPED AS PART OF THE DEVELOPMENT OF MIAMI'S BICENTENNIAL PARK, SAID FACILITY TO BE LOCATED AS CLOSE TO BISCAYNE BOULEVARD AS FEASIBLE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. Mr. Ed Stone: We'd like to show you a study model of the amphitheater and outdoor dining area. Mrs. Gordon: Can I ask you a question, we did vote on it and I did wonder if you would prepare some exact information' for us as to what that sensory park will include? Mr. Ed Stone: I will. It's in the works right now Mrs. Gordon if I may show you. This is one that we designed at the New York's World's Fair some years ago with raised planter beds where the blind could touch. These were all aromatic herbs and very odori- ferous plants and they touch and have both the tactful sensation as well as all the factory sensation of these plants. They were raised so that the people could reach them easily without have to bend over. Mrs. Gordon: Would there be braille signs, signs in braille? Would there also be some audio equipment where they could press the bottom and here a description of whatever Mr. Ed Stone: That's a good thought, one we have not included, Mrs. Gordon: That shouldn't be a very expensive addition. Mr. Ed Stone: I would think not, Mrs. Gordon: All right would you include that then please? Mr. Ed Stone; Yes ma'am, Mt. Ed Stonet This is the Latest study tit the amphitheater and outdoor dining it the ttew Bayftett park? bavelytm v ttt to point but the original location of the outdoor dining which will remain in plate and a new slightly improved Cwe feel) it.. proved outdoor dining area in asa+tiation with the performance/ Mayor Ferre: You teat to tell me you are going to have two or you are moving it all may...: Mr. Ed Stone: Two sir and thin has been reviewed with your tenants at the park. 1 at happy to report their enthusiastic. I had aoilie doubts personally they would like to split operation. They feel that it gives theta great flexibility to serve an event nights as well as to serve to the general. public. Mayor Ferret Nov,Ed let me ask you a question at this juncture? Will people be able to sit there and have a beer or wine or hamburger or a coke or a ,cup of coffee and watch the performance? Mr. Ed Stone: That is the whole idea of it sir. That overlook area right there- is served from a kitchen below or served as a pantry below. Mayor Ferre: I noticed that you have trees. Now;how are you going to see in-between the trees? Mr. Ed Stone: The trees are above your eye level sir. Mayor Ferre: Oh-- I see. Mr. Ed Stone: So, you'd be sitting under the trees. Mayor Ferre: Now let me ask you? How many seats do you have? Mr. Ed Stone: There are 1200 hard surfaces and I'm guessing that you can get an equivalent r:nount on soft surfaces seating on the grass above sir. Mayor errs: Now how about in the restaurant? Mr. Ed Stone: Total 300. Mayor Ferre: 300 people sitting comfortably and able to see the performance? M':. Ed Slone: Yes sir. Now one thing that we are illustrating in very dragrammatic form h2re is sore form - we are not RI.eased with it yet, but some form of being able to suspEnd'an outdoor screen which wouldcorporation some stage, lighting and the like so that we'd have the opportunity to have multi media kinds of presentations. This would be something that would be demountable and would not be a pe rmanentinstallation but would give you the flexibility so many new theater productions, combine both film and live action. Mayor Ferre: A11 right let me ask you this? That structure would not be up there ermanently? We won't have a big steel thing hanging up in the air? Mr. Ed Stone: That's correct. We are trying to find some solution that makes us all make sense sir, MayerFerre: In other words, would it be some kind of hydraulic thing you could move up and as you need it? Mr. Ec Stone: It's not budgeted as a hydraulic element at the moment, but we this something if we go forward with it we are still trying to find a solution. We also have the problem of how you get setup and this sort of thing, but we are working on that now. Mayor Ferre: Is that the water fountain like the one in Geneva, right behind it where it make ---- all different kinds of different splashes and -- ? Mr. Ed Stone: What we're hoping and we haven't actually budgeted. Is that we would be able to orchestrate sound and light so that the fountain would respond to changes and pre -arranged musical score so that you'd have an opportunity to havevarying water features in conjunction with a musical performance, By the way, in the budget item for the out -door dining and amphitheater there are funds included for the demolition of the old band shell. Out of our discussion with the City Manager's staff yesterday, there came a suggestion that we keep that usuable portion of the podium itself plus its pad around it and %rass the balance of it, but ':eep that as a temporary measure for alternative performance site from where informal... Mayot Fette t Now, ti+ew gait: a torture, you att not goittig to keel that 1a sttVer 1t. Ed Stone No, no air, that tomei Mt. Andrews: No, that eomea down but the eoncrete underneath it and you're auggeeta ing at the Cotimissio i here about an area for entertainment in that. %ie' li ate haw that goes, it always can be removed if wema=� Mayor Ferret How about for the seats? Mr. izidrews: We'll take all the state out and take the asphalt out and only leave the apron in front and put Oats in there at that slope Mrs. Gordon: You're leaving the stage then you say? Mr. Andrews: We'd leave the hard surface stage it plate because we think it may have some potential uses for entertainment. Mrs. Gordon: Removing the sheltered portion? Mr. Andrews: Remove the shelf portion, leave the stage, leave the small apron itt front of the stage, remove all the asphalt and seats and put that in and grass, but leave it at that slope. Mrs. Gordon: Remember sometime ago, we suggested perhaps putting some benches and tables and umbrellas and that sort of thing there and giving people a place to sit down and perhaps picnic there? Mr. ,Andrews: Yes, there is all sorts of possibilities with that in place and that we'll wait and see what happens. But I'm sure it can be used in a variety of ways. Rather than just remove it and be sorry we removed it. firs. Gordon: You know a lot of people might like to take their lunch hour there and - - those that work downtown will have some place to sit down. Mr. Plummer: Let me ask a question of you -- and it's AWETSttately the way the city operates. I got to believe that what you are -proposing here now is just a stage. That it does not include the amenities, that are going to be needed to put on a production of any kind. In other words, the sound system, curtains, lights ---- Mr. Ed Stone: The sound system and light system are included. Mayor Ferre: Are you talking about this one? Mr. Plummer: I am talking about the one that's going to back up to the water. Mr. Ed Stone: Right. This sound system, lighting system are included. The stage facilities, the operating facilities are going to be there. The sets, the individ- ual props for performances that is ---- Mr. Plummer: What I'm getting at is this want to have to be placed into a,psition or do the platform now we've got to go this, this and you are telling me is the price includes, it is - the day that this is completed I don't I think this Commission. Ok we've got' thisso that people can use it. What ready for user Mr. Ed Stone: That's correct sir, Mr. Plummer: Ok. That's what I wanted to know. Mr. Andrews: The only concern that Mr. Stone had in this other area of the full drawing was the wind factor off the water. In that there may be times when you'd want to sheild that area and that's really the whole purpose of trying to design something that creates temporary shield when it's needed. Mr. Ed Stone: We are frankly relying --- there are no acoustical properties of this Site . at all so we are going to rely: on a good sound system that's what we are obliged to do, Mrs. Gordon; Will boats be able to pull up to the shore line and dock and listen to the concerts? 17 Mt. Ed Stott: We Are really going to try arid Mit-outage that, Marine Btediuth tre feel attendled$tee that fitnetion. I think it told here end frankly Mts. Gbrdbnt The way it projects tato the water LB the reason Mr. Ed Stone: t am Bute it Will happen, so itm Mrs. Gordon: Mt. Ed stone! ilia. CordonIlia be a dittractien I aeked you that. Veil =-tf its going to happen you have to get prepared for it. ttis_}iot something we 'want to entourage large fleets of ---- Mrs. Gordon: No 1 don't mean that. t mean something itt a small boat type what could tie up Mr. Ed Stone: I at sure that provisions for loading and unloading are little further in the north and there's ample room obviously for people who want to lower the Marina. The changes and modifications that have been made since 1 presented to each ofie of individually are the introduction of this access right over here. !We've discussed in the past that we were going to wall, landscape our entire perimeter of the auditorium so that that unattractive backside of it is screened toward Biscayne Boulevard. Mrs. Gordon: It really needs that -- Mr. Ed Stone: met with the appropriate authorities and have had to go over -- business associates working with us on the control of the traffic on port boulevard and access to the part and the turning motion of cars and most particularly buses at the restaurant arrival area. By the way, bus will parked mostly, in that entrance (inaudible) We had made the proposal which I still feel is appropriate but apparently regarded as impractical.. We would like to re-loctate the -torch of friendship to a more prominent position and to generally enhance its surroundings. I've been told that -that by virtue of history and present it would be very difficult so we would not propose that. The other improvements or rather modifications are pretty self evident we've gotten that voting, sail boat pond and reflecting pool in somewhat better scale, I feel, I think we've made the over-all pattern of circulation within the park a little more pleasing, so that really is it. This ---much the same plan you've looked at several months ago. Mayor Ferre: All right. Thank you very much. Mr. Andrews: Mr. Mayor, a couple of comments if I may. I'll speak loud enough so that you can hear without the microphone. The problem that we had when we discussed this plan with you in May was this parking lot in that the restaurant felt that they needed absolutely for the expanding activity and for the operation of the restaurant and to make sure that this restaurant opens up for lunch hour too and it does not at this time absolutely validate parking, but they are mainly interested in acquiring the validate parking about four(4'oclock) or later in the evening. This became a problem as far as the off-street parking is concerned because the ordinance , the bond indentures and earnings are written so that this should have been metered. We were able to wo.k out with Mr. La Baw . He is here somewhere in the audience . We were able to work out the following proposal that this lot would be metered. There would be a composed point here at which 2 to 3 o'clock in the afternoon the toll gate would come down and during the late and after- noon bourse and evening hours this converts to a violate parking system. So we balanced this out and now it's conceivable. Mr.Plummer: What about access to the Marina? Mr. Andrews: You have access and here and all of this parking is available and access through here and the outside. Mr. Plummer: All right, ok. Mr. Andrews: And this area is principally or is moving automobiles through and buses through and arrangements have to be made for the parking along this area . Addition- ally we worked with the parks department and they have committed that they will participate in assisting the city and beautifying this area. (I am going to speak to the money aspects of that a little bit later). We also figured I want to show you a chart that's funding -- as far as the funding is concerned Mr, Mayor, Mayor Ferre: Alltright, Go right *head All right this is a answer Mr. Vice Mayor, to your question on ung, So now et s get to te --- you put the cart up, 18 JUL 22 197 Mr. Plutmett Novi, wait a ffiinute, Paul before you get to that t 'gat one outer question, Mr Stone the thing that bathers me and I don't know that there is anything that you or we nr anyt ne can do about it, but it booms mote prevalent as that land is scarified. Has any teal serious tbought baen given in the possibility of that pumping station/ That's chat Paul#about 8th Street? New is Mere anyway that that thing can b... 1 want is say eliminated which I know is impossible, but is there any way that aemething tan be done to at ieaat, maybe /'ni looking at it in a poor proapeetive now' because there is no dreamer, but it tot cetna tee Mt, Ed Stotts: t'm sorry we don't have the model here Mt. Commissioner, but it is hidden by large earth berg or obtaining wall and landscaping. I don't thinkgiven a year from ,now 1 don't think you'll ever sae it again. It will vertically disappear from vies,. 1 hope 1 cat hold you to that. As you point out my hide is at stake on a couple of issues. Mr. Plunmier: Ok, it Sias just a concern of mine. Mr. Ed Stone: I think you'll be pleased with it sir. Mr. Andrews: The bond issue provided more areas for funding of the various projects totalling 24 million 259 dollars. The City Coaneisaion has approved of the expenditure of 4.200 for the Bicentennial Park improvements. Although there is a requirement of 31 million dollars to increment this plan down to the orange line that's shown on the other map. We will be expending from the bond issue Al million dollars because there is other ways of funding the additional 1 million dollars. That would be the amount then for acquisition and improvements for 171 million dollars. Mr. Plummer: Now, are what you are indicating, do I understand correctly, that 17 million 559 thousand is solely for acquisition? Mr. Andrews: That's up to the Commission. Mr. Plummer: Well, what is the intention? Mir. Andrews: The Commission is for more prior position on a acquisition and development depending on the way we acquire it. Those will be decisions that the Commission will make. Mr. Plummer: Well, Paul I hate to get into a sore subject, but you know Imade it before and I'm going to make it now. I'll ask just your honest opinion. Do you feel that the property in number two, the total property? — stop me if you wish. Mr. Lndrews: Mr. Lloyd we are getting into a critical area now. Mr. Plummer: You better believe it's critical. W. Mayor, to me and my estimation the worst problem that can happen is the city's right to acquire the property and not have the money! Now that to me is more critical than anything: Now, ok. Let me ask you a philosophy---- let me ask you in another way. Mr. Manager, do you feel comfortable that the bottom line figure is sufficient to acquire the FEC property? Let me ask it that way. Mr. Andrews: I am going to answer your question by talking about two things rather than one. Mr. Plummer: Well, all right, Mr .Manager ,I won't ask you to answer the question, ok. I'll just voice my concern. That I have stated in the past. I am concerned today that this city could find itself in an etnbarassing position. As you know, I raised this question about the appraisal before. I'm raising it again. And I have some questions. You don't want to answer the questions don't: I'm not going to force you to. I'll withdraw. Mayor Ferre: All right. Is there any other questions, or is there further discussion on the presentation.? All'right,doet anybody else want to, speak on it? Mr. Paul y• oulc ust want to ask a question, whether the layer of the land is going to be level so see. an in the building? In the old park so that you would be able to see the bay by walking down Biscayne Boulevard? Mayor Ferre; It will be except for Mr. Paul : What is the height of that elevation of Biscayne Boulevard? Mr, Ed stone: Top of the berm Mr. Paul, I'm correct l believe at 22 feet. Mayor Ferre; From where to where is the question? 19 JUL 2 2197 0- Mayor Ferret The question it vill yu bi able ta see the water, Uytram the library? Mr, Ed gtont! Ye A indeed you wtll. Pram thie point.. Mr. Plummer: Urith the exeeption a the latdseaping Mr. Ed Stone! To the extent. You tan gee it today, you'll be able to see it. Mayor Parte: To ta that' e very nice, but it's pure theory because I 'would challenge anybody to see the roster from Bistayne Boulevard at ear level. You can tea the boat tops. I stand corrected ok. Mr, Xaseevitt that haa been debated here MI three different oceas- ions and this Coffitissioft has already taken a etand on that. Mr. Ed Stone: The top elevation of the slabs of the demolished old port site vhieh was about two-thirds Of Biscayne Boulevard perimeter above eye level and at the time we came before the Commission. In other %fordo, your view previously was obstructed along Biscayne Boulevard for roughly two-thirds of distance by the slab height of the demolished buildings at the port. We subsequently discovered that that was going to be almost a half million dollar item of demolition and removable and at that time we recommended if you will recall sir to the Commission that ve not demolish and spend that money but elevate above that and that's partically part of the problem sir. Mayor Ferre: Mr. Kassewitz, in answer to that question this Commission has debated that subject in my presence three different times. And at all times he's come back with the same conclusions, that piece of property will be contoured and it is not a flat park. It is a contoured park as you can see and have been able to see for the last six months from the way that land is being developed. The purpose of this park is for people to go into the park and enjoy it. What the public will be able to enjoy it. What the public will be able to enjoy from that vantage point is a beautiful green park. Now is there anything else to come up before this Commission? Mr. Bob Kunst: I hope that the City of Miami would consider that whatever trees that have to be removed in terms of building this assess road would be replaced. There was a policy at one time I believe, along S. Bayshore where you did replant trees and I'm just stating that for any trees that have to be removed that are presently there in terms of assess road that you replace those trees and save them. (Point A.) Point B - A maintenance problem that I think should be discussed. I get down to the park fairly often and I've been around to where the Marina is right now and it really is in dismal shape if you would look and see all the garbage that's flowing around in there. It's one thing to build a Park, it's another thing to have people want to come back to it. And I would ask the city to incorporate a whole aspect of maintenance for the total concept of the park. Including the Marina to make sure that it's clean and the third thing is the use of facilit- ies. I think one of the greatest shames that happened in any city is the fact that we sometimes prohibit the use of the facilities because it too expensive and what have you. I think the greatest aspect that we can use here is that we have an amphitheater and prob- ably and other areas of the park that we could be using consistantly day time and in the evening. There is no reason in the world why that amphitheater couldn't be used every single day where all of downtown would know that there is some sort of function that's going on there. If you made it so that it wasn't a prohibited cost and I would ask your consideration that the use of the facilities be on a round the clock basis so that the whole community could take advantage of it and it's not out of the price range of any kind of organization to use it. Mr. Plummer: Bob, let me tell you something. I don't know of a city facility that exist today that the price of rental or the price of use isn't half of what it would be for a private concern. Mr. Bob Kunst: Oh I'm sure of that, but you know as an example we have a bandshell downtown. As much as it may be an ugl Ything. The point is that it could be used every single day. Well there are a lot of groups, not just rock groups, but a lot of talented groups, all ages, all different kinds of things, they could be coming down there and using it, but the moment the person wants to use it. Right away we have labor, we have insurance, we have umteam cost that face a person or an organization. And so a lot of people who are not professional, but also have talent and who would like to express it can't use these facilities, because it's right away inhibited. And I'm hoping that there is a way you can get around that. Mr. Plummer: Bob,look you know the private sector has got to be confronted with the same things we are, It's like when Chris Dundee wanted to use the Marine StatiUM for wrePtling. You know, it was great and the percentages right. It was about what he was paying on the beach, but because he wanted to put people on the barge. The city had to have additional insurance, because he wanted special sound equipment, opecial technicians, I think you will find that the Node facilities 4CTO80 the City of Miami are better than reasonable, 20 JUL 2 2 1975 Mt. Bob t.utst: All tight, letgchang+e the wording then► i would suggest that if ybu want to get people bath downtown and deal with the Whale ,meant tt re -develop- meet then encourage and maybe you'll have to eubafdtia funding fill of these kind rot ektta Activities. We had a group here the ether day free the union Mr. Mayor vho have 260 of 70 thousatd dollars of free entertainment they just didn't have a plate to uee it. We are hoping to utilii2e it Mayor Ferret. Bob„ I'll tell you thta is .just a conceptual* You see at one time there was a move of foot uhtth Dan pare. and Miasi Nest and others worked very deligtent and Mete successful. In hindsight they vete right. They were to put up buildings along the bay. Now, the problem that we have is this. We have a strip of green area whith frankly is not used by the people of Miasi and l happen to be a very, very strong r pponent► of the concept that it's there for the people to drive by and look at the utter. YOU know, 1 think that that park should be there for people to gat off there darn oars and walk into the park and go to a bench. We keep getting all the kids mho don't have a place now to have concerts. There are no people that live around here. You don't have neighbors that can complain to me this is a puce we ought to have children runftieg around. We ought to have bicycle paths, we ought to have people that feel safe in the park and the way to make the park safe in my opinion is to get people to use it. And when you get people to use it Then you have to police it and then it's open and it's usuable. I completely subscribe to your idea that this should become a people park to be used by people and to do that we have to have attractions, because it's just not enough to have a flat piece of green land. People won't go for that. They'll go for a walk, they'll go for a bicycle ride, they'll go to a restaurant, they'll go to see some kind of a performance. This is hopefully, what we are trying to do is to humanize this park. We want this park to be for people's use. It is a beautiful stretch of green land where the greatest concentration of people are in Dade County. 200,000 people will work in around the court and this park is for them and for people that come in from all over the community and enjoy the facilities and that's what we are trying to do. I know that there are many people that are concerned about the berming, or about some of the elevation but I_ think it would add some beauty and the use of it. If it attracts people there's plenty of places where you'll be able to see the water from Biscayne Boulevard as you drive through on your way to Bay point or where ever it is that people live and want to drive through and see it. But you know, I think -- frankly, I'm not concerned for the people that are driving by at 40 miles an hour wanting to look at a little piece of water. I'm concerned about the people who wanted to want in the park and enjoy the facilities` and that's where we're headed. This is a people's park. Mr. Dan Paul: I_ shouldn't of said that now everybody wants to --- Mayor Ferre: It's running late so I'm going to ask if you'll just hold it to a minute or two ra;,.iurn people. . Well your honor, and ladies and gentlemen of the Commission. I just would like to say that I probably see more of Bayfront in the last year than even you your honor, because1 had an apartment at 530 Biscayne Boulevard and I sat up there fuming and fretting and calling your office where I've had very courteous treatment about watching this bay bottom drags into Mr. Ball's property over there and desecrated the view. Now, I think I have a little more ability to speak about beauty spots than most people. I have taken two trips leasurely around the world. It took about five years altogether. There are very few beauty spots in the world that I haven't seen and for those or you who have not had the advantage of this comparison. Let me say to you that Bayfront Park is one of the most beautiful spots on the basis of the earth. I think somewhere or another we should find the way to get Mr. Ball and his freight yard out of our front yard. Mr. Plummer: You got any suggestions? (laughter) We're into the Supreme Court we've been there for two years. You got any suggestions? I'll listen. : Look: I'm not an attorney, Mr. Vice Mayor, but I remember this, I did learn way back yonder in our constitution. I believe that there is such a thing as eminent domain. Kr. Plummer; Yea, we thought about that too sir. And I've always thought that a city or state had the right to condemn private property, Mayor Fevre; That's a long, long story ------ After this evening I'd be happy to explain to you the legal proceedings. We're in the middle of the courts to establish that. Let me tell you how it's affected a your honor. I just ,roved out of 530 yesterday, down to your beautiful. 120 ----- Biscayne Boulevard, Mayor Ferre; 1 have to say that our building is fully rented eo that is not a commercial for the 21 Vnldryt tined. I'm tip on the 29th floor end I'll tell you it's benuttf`ui1 but I've moved away Etna i30 that's a lovely building. TNst inedtord to toeing Raney,. 'horause 1 refused to look eta garbage dump in ear front yard; Mayor Verret All right Thank you sir. All right whose the neat speakef2 Mr. Dail Paul: I'm toneerned About then additional parking that YOU ate gobbling out of the parking in this area. Aa 1 understand where Mr. gd Stone IS the trade off is this because the off-street parking authority again are holding forte for having the exact same number of meters that they've gat in the park? Mayor Ferret You want to speak to that Mr. Stone? banes you vent to speak to that`'? mr. Dan Paul! It seems to me that there is plenty of parking if following what the Mayor says about a people's park and I'm always frightened then he talks that way because I never know when a velladrome or something else is going to be shelved in. Mayor Ferrer Well, that's for the people too. Mr. Andrews: Mr. Mayor, maybe 1 can be of assistance. Mr. Dan Paul: There is. plenty of parking on this side of the boulevard and if you want people to walk to through for this facility as they did when you had that festival program there. I went there and most of the people parked on the other side and wondered through the park. Mayor Ferre: Did you go? Mr. Dan Paul Yes I did go. Mrs. Gordon: Mr. Dan Paul: up any more of the the boulevard. Did you like it Danny? I thought it was very good stuff. But I don't like the idea of taking parks for parking. There is plenty of parking on the other side of Mayor Ferre: All right. Mr. Stone you want to address yourself to that or somebody? Mr. Andrews: May I assist while Mr. Stone is gathering his thoughts on this? First, actually the park is being enlarged over what it is at the present time. We are enlarging the park area by the addition of the fill in the Bayfront far greater than we're expanding the parking. We must remember that the majority of all that parking is there and we're expanding it very little and now really cleaning it up and putting it in a park like atmosphere. That parking is we think essential really to the success to the bandshell and the use of the park and the restaurant and by no means should the off street parking depart- ment be put in a position that they're creating a'problem'for us. The problem really was if we have a parking lot, should it be metered or not metered and we've over -come that problem' Mayor Ferre: All right. Now, ladies and gentlemen we've got to move along. Please, a very quick statement. Mr. Dan Paul: I'd just like to know if anything has been planned in this park for children and if not, why not? I'd like to nee some low profile imaginative play equipment for instance that would blend in with the ---- Mayor Ferre; I'll answer that quickly, that is planned, but it comes in the second stage in the bottom park if you point that out where that's going to be? Mr. Ed Stone: This prior area devoted to active recreation for all ages, particularly the I think the children's activities are largely cared for in Bicentennial Park just to the north, This is not largely a residential area at this time so you didn't feel the tot lots and associated kinds of young children's activities were solely appropriated. Mayor Ferret All right, Thank you. Bob, anybody else? All right. lets' go on to item number 4. Thank you Mr, Stone. --_ .: w-------_. r_____w________ r_ -------r_ w----- _ ... Mr, Andrews; Mr, Mayor and members of the Commission the fourth item to the Dinner Key Auditorium, I want to make a few counts before you hear from Mr. Grimm in that you charged the department of public works to make an aeeesoment of the existing structure to determine whether it was sound in structure and to report to the Commission that finding and then after that Ferendino/Grafton/SpillisiCandela firms will be represented by Mr. Grafton and they'll give you the benefit of their study as to the potential rafurahing, redevelopment of the facility if that's poasible.; I want to point out one area Mr. Mayor 22 JUL 221975 in refetenee to hater plan for binder Key in the development at Dinner RI" :and aaaoelat- ing;the removable of the Dinner Key Auditorium itt reference to that pint The plan provided information whieh related Minter Rey to the entire City of Miami and showed it: importance. The plan that wat developed for this City nev€r really did touch dh the value of an exhibition hall, whether it was at bitter Key or some other Location and how deeper.. ately the city needs thin type of facility. Also, the City Commission should understand and if it does not, 1'1.1 be glad to take the time and explains tut I think it's quite obvious the differet►ee between att exhibition hall attch as we have here at Dinner Key veraua a 'Convention facility whith we are hoping 'et accomplish for bowntown Miami. With those commettts I'd like Mr. Grimm to respond to the Cemmiaston'a apecifie question. Mayor Ferre: What do you Meats respond, we haven't seen anything? Mt. Andrews well, the question you raised its Charging the department was, is the structure sound? Now, he's addressing hittself to that question. Mayor Ferre: took, tan you juat get to it quitk and then we' 1 come back and ask the questions, is the structure sound? Mr. Grimm: 'Yes. Mayor Ferre. All right. Now, sit down and we'll get back to you later on. Ail right Mr. Grafton. Mr. Grafton: We're going to show you some slides very quickly then we'll going to move into the report and if Ed Stone took fifteen minutes, I'll finish in five. I think he took about an hour. (jokely). Mayor Ferre: Name and address for the record. Mr. Grafton: Edward Grafton (Boy Wonder). I can't compete with Stone. One of our assistant (Boy Wonder) wants the lights out. That's not a commerical that's just for focus. I'll show you a few slides on a similar problem that the Community College had on North Campus, this was an old air ---- As many of you know this old airplane hangar is about the same dentured as the one out here at Dinner Key. This.structure is not quite as large. The Community College about ten years ago elected to renovate this structure and it seems that it was a good decision. They spent about a half a million dollars on it. Mayor Ferre: Where is this Mr. Grafton? Mr. Grafton: This is out at the North Campus of the Miami -Dade Community College. Mayor Ferre: Was it a hangar? Mr. Grafton: Yes, the same problem identical and this is what the insides of what that structure look like now . This is a multi- purpose building which is basically a sports oriented kind of activity. As you can see their graduation exercises seated about 6,000 people and the truth of the matter is that they haven't renovated this hangar, they would have not had this facility until approximately after they did accomplish it. The steel was there, the steel like your steel is in good shape-. They went ahead with it and it's been a tremendous asset to the --- not only to the Community College but to that whole area is very much involved in this structure. Ok, I'm onAy bringing these to remind that the city is going through this study which is the Downtown Convention and Exhir+t Hall situation. As you might remember this study was finished in 1968 any forecast that we have about 200,000 square feet of convention seating which were 7,000 seats and about 100,000 in exhibits hall and the total bill at that time was 12 million. It would be closer to 18 million dollars today, We get back to Dinner Key now just to put you --relate to where we are. Clyde would you get up there with a yard stick and show the Dinner Key Auditorium so we're all sure of where that is(ok)? Again some slides to show you what's going on, some of the uses, This happens to be probably the boat show. Robert Law Weed who was a international famous architect, a very good architect did the renovation` on thisstructure years ago. I happen to think that he did a very good job. Even though the building is old (I think) architectually it has great lines. We, are going to get into what it would cost to make it look good, but basically the massing is not unpl.easing at all. Mayor Ferre: By line, Let's be very sure we know, You are talking about the basic overall lines, Mr, Grafton; That's right, The .teasing of the building. (right). This is a shot at the interior, As Mr, Grimm said, the steel is in good shape, the floors are very usuable, No major problems, All right, this ie the master pien and I just temporarily lost the date on that but I think it was 72 This was the caster plan that intended that there would be a passive landscape park in that area and not an auditorium, We have some figures on that and I'm going to get into it in some detail, but I went to give you just a refresher and 2 JUL 22.1975 attd the audience too of What that vas The bi.nfer Rey Auditorium by that Meter plan was scheduled to be detioliehed. All administrative activities of the City of Miami would be removed froth that site to another mite. A teW Matt exhibit building of about 15,000 square feet Wotticl be tonattueted. Pv6(2) parking structures would he built. The now City Hail, the building that We ate itt now would betadd the headquartete for the Marina , so you tan see it was a pretty fat teaching plan. This is a tendering Of the renuvated_auditorium indicating that there would be a pieta entrance, the lower walla would have a texture either astute reek or preeeat concrete ttatetisist Mayer, we heve picture of this in some books We ate going to pass out to give you a little betterseee there's really too much light i.ti here to get A good shot of that. Mr. Andrews: You also have a target illustration of this that can be shown to the Cotntnission. Mr. :7reiton: Yes, right, I've got a rendering here that's gives you touch better pictures. 2 would intend of Course, in this renovation for the cost figures to landscape the parking and also ze would change the entrance from where it is toe/ to around oft the east side :;c that it would become part of the whole entrance plaza of Dinner Key. This indicetcs t.: parking areas. This indicates where normally they have been putting those big tents. This is the new plan for the auditorium if you elect to renovate it. The green arca ould be at the top of the slide, would be the new entrance the new lobby which xas ueve r adequate before in the old plan. This is the mezzanine which indicates some new ;.eeinistrative space on that level. bk, this is --- we could seat about anywhere from eix to seven thousand people in the Dinner Key Auditorium. This would be the approx- :.matt seetae layout. It's very interesting that 73% of the conventions held in the U.S. attract 7,00 people or less. So only 25% of the convention in the U.S. have more than 7,000 people in attendance. Mayor F'erre: Ed, we've got to be careful now because we are not talking about a conven' eee hall. We are talking about a exhibition . Mr. Grafton: i understand that. I understand that. Your directions were that we the main Carust of this would be an exhibit hall and we are trying to say to you 'yes' exhibit ha.1 lout there are some other things you can do with it if you want too. Mayor Ferre: What are those tennis courts? Mr. Graf4on: You could have six in -door tennis courts. You have a fairly active young people tennis program going on now. This is the seating if you wanted to have spect:iters for two tennis courts and there was one earlier with the basketball set-up. Ok. I am polo to ask that the books be passed out new and we bring in the other exhibits pleas`? I.= the first part of your books, my letter oi transmittal add. •ssed to Paul Andrews, s:.n:piy says that we The letter of transmittal in the front part defines (I thieee the issue and the issue is does the city now want to put a park in here (land- scape park) tear down the auditorium and begin that program or does it want to consider the reaovat on of the Dinner Key Facility? That's what we are talking about. I've given a short sketch in there on the historical background and I think that" it's important to say the: the City of. Miami acquiredthis property about 1964. At that time you paid 1,100, 00 dollars for the property. You bought it from the Navy. In 1947 wls the first major renova arr of the auditorium and that was when the two aircraft hangars was put together so that there could be one interior space. As I said before, Robert Law Weed was the architect. f,.,: that. in 1953 the city spent 131,000 dollars to put in a restaurant and in April ce this year you spent 22,000 dollars putting a print shop in the back end of this hall. And that print shop and it's storage room is still there and of course operates. We hve some plans in this report which indicate the exact and figuration of the auditorium today so that you can compare that to what we are doing later. We have a report from Vince Gric:ms department, Ed Connor in our report which indicates in detail what the structural analysis of the building is indicating that the structure is sound and we have other things to do regarding electrical and so forth if we are going to renovate. The important thing to thingsabout when you are talking about that is the fact that the steel structure , the foundation and the utilities which comes to this building are really the value of what we are talking about. We also give you in this program prepared by the city staff a current activity list of whets been going on. We show there some events that were happening during the George Mac Lean concession years and then after what's happened since that concession was stopped and the city now is operating and you can see that there are many thousands of people involved and there are many different kinds of events. Mr. Plumper Wait a minute, since you were touching on that) Paul, what today is the Dinner Key Auditorium subsidizing? Mr. Andrews: No. N. Pius per; it carries it own. 24 JUL 22 1975 I Mr. Andrews':' It's carrying its bWil weight. t'm proud tci day that the City ltas taken over and is under` rho dtr ctititt tit 1 1 rt+brth Bush and thts way sht . handling that auditorium It'ta ineteasing in ICJ rise. Mr. Plutntnerf tut it is tarrying its own weight. Mt. Andrews! Yes, Mr. Plummer: Ok. Mr. Grafton: All right. Now, I turn your attention to scheme one. Scheme one is the first of the two alternatives. We again have a plan in there indicating the toaster plan sc that you can see where Center Park is. Now, we get down to the business of money, if the city wants to demolish the auditorium and go ahead and establish a park in this location. The cost of doing that are listed here in detail. Now these figures come frunl the master plan which was created in 1972. We can quarrel with some of these numbers today because we are standing here in 1975, but we didn't change the numbers because we ,'a::`ed to report it just like it came out of the toaster plan. The quarrel we would :4a,. _ that obviously the 1972 figures might be a little bit larger. So if you want. to do park the figures the same, its going to cost you 31 million dollars to establish ,e pc„rk there according to the tnastet plan. If you want to renovate the building itT going to cost you 21 million dollars tb provide a completely air condition remode1e6 5t'Iding. The figures ate there to show you what you get if you spend that kind of mono in detail. We have at the back end of it a recommendation which says that we believe that from the people we've talked to from the past history of what We see the possibilities ate. You are having tremendous activity there. The place is in poor shape. It's not Asir c,lndi.tioned, you spend absolutely no money on promotion and yet it's very active and you got thousands of people involved. Our recommendation is that you go ahead and remodel ._his building for the 21 million dollars and you landscape the parking area and you adopt a system for this renovation called fast track which would literally mean that you coul..l start construction in 30 days. This would allow you to pick a general contr€.cto,- by competitive bidding based on their overhead and profit. You could put him into the ` 1�:t as a construction manager, -they then would begin to assist the city in tak- ing bid: for the remodeling based on competition and bidding and then you will be off and running. So theoretically you could have this facility in the early part of 1976 for the BicententThl. /+ ::aynr"Fer,:e: .All right. Now, Mr. Andrews. quickly you have any comments for the Csi. o misicr: Y.. this? Mr. 2drC=Ns: None other than I'm recommending that we go ahead and achieve this and I :grant to -211 you how I believe .the funding could go together. I want to indicate and I' want V..r. Gr.:f ton to vorify that the 21 million dollars is the outside figure that they were very corservative in estimating this so that in the event that some of the improvements are absolutcl; needed such as, something done with the flooring beyond what we now antici- pate --- it would be included. We could back down from that figure and it hopefully might` only be 2 mill.=:.on dollar rather than at 21. It's my recommendation that we use the Florida Power & Li;ht Company franchise capital improvement unallocated funds to fund this program and move right ahead with it. Mayor Forte: All right. Now, I as Mayor would like to make a statement on this and then open it for questions and statements on the part of the members of the Commission and then later on the public. I am strongly for this proposed program and I want to give you the basis reasons why. The City of Miami today has no exhibition space of any quality. For us to build 120,000 square feet of exhibition space would cost according to your est- imate 6 or 61 million dollars. All right. Now, ladies and gentlemen at this time we do not have 61 million dollars to spend on this, Now, number two- the renovation of this property for 2 or 21 million dollars accomplishes almost the same purpose. Number three- the steel structure that we have here, just the building as it stands has a value- a replace- ment value of 2 million dollars.or 21 million dollars which we would not be losing if we wrap around it. Three -'I think that we can beautify this thing by landscaping, by surface treatment, so that it would be acceptable from the outside. From the inside it's just open space, all open space is open space. Now, there are some disadvantages and I want to be very clear about that. Number one, it's in the wrong location. There is no, question about that. Nut:her two, that should be green space in open area (1 recognize that). I would prefer to have it as green space, but I don't see how today in 1975 we can avoid several basis premises, one - that we need 120,000 square feet of exhibition space, not convention exhibition space. Now these exhibition that we have are boat shows, car shows, antique shows, flower shows, art shows, All kinds of people involvement, Now, Paul Andrews was recently telling me that the art community recently put up a crafts and arts show, How many people showed up at that thing ? 40,000? Mr. Andrews: 14,000 in two days, Mayor Ferre: In two days 14,000 and this is in a horrible, shameful building, 2 JUL 2 2 1975 Nitimmonst With the paintp e e l it t„ hot as the diftke tis, tto sir conditioning, no fans, it's a bad efitrance, to restroom faeiltties, dilapidated. MO 1"t either for tearing that darts thing down. or going ahead and rettovatitt$ it and getting of with having an exhibition hall. Now, two last thing that t vented to share with your Some people have eritieieed this by saying its tot near the hotel. But let me say its the majority of title§ that t visited throughout the U. S. exhibitien halls are not near bottle. M+Cormick Plata or whatever it's called it hhitago is n good ten minute ride its a taxi tab of it a bus it's over on the park aide, it's on the waterfront. Seeondly, there is att argument against this by saying that we should go for first elaes, that we should have it in downtown. I agree with that. tut we don't have the 6 atillion dollars now. Number two, 1 went went to the City of Houston. The City of Houston, 1 might share with You has four exhibition halls: It's four exhibition hall and thoscfour exhibition 'hale, they're always filled. I asked the Managers of those exhibitions halls, aren't you concerned about the other guy competeting? He said there is plenty of room. 'While they are having a boat show, we're having a flower show. Whet they are graduation exercises for the University, we're having a rock band perform. When they are having a basketball game, we're having an antique show and those four exhibition halls in Houston are in use full year around. Uo;a, in this community we only have one exhibition hall and that's its Miami Beach. We really should have four exhibitions or five exhibition halls. t see tto reason why we couldn't have one in the Grove. Why we couldn't have one in Downtown, why we couldn't have one in Interama, and the otte that exist on the Beach? Lastly, let the say for tha tourist industry. The tourist industry that is down in the last few months is South Florida. The rest of the state has maintained it's own or improved. I think We have to recognize that we've got to do things, 'we' we can't wait on nature just because we have send a:-;d surface is not enough and I'm against gambling. I think we've got to do things in this community that will attract people- tourist to come down to Miami for good healthy clean reasons. To thatwe desperately need an exhibition space. An exhibit- ion space so that we can have professional tennis matches and air condition space. So that e can live major art shows in comfort, so that we can have antique shows, so that we ca_iai 1 c_ the gamily things that is needed. Now, ladies and gentlemen we always get to the talk > ~;hy don't we go for broke, why don't we go for the top, we need the best? The fart is that this community has a very unfortunate record of what I call Interamasis which Is wait until tomorrow because we are going to have perfection and unfortunately, the sad story is that it never happens and interama is dead. It's just a vacant piece of property aue, it's time we have the money to do it. We've got the existing building. We could do it for 2 million dollars or 21 million dollars in the next five or ten years we'll more than makeup the money for that. We will render an important service to this community. I strong.y urge this Commission to approve this and move forward. I recognize, I recognize that today Z'J2 ;:annot approve because this is a matter we need to call a public hearing for it. Because t°:.is is rot an advertised public hearing, is it Paul? Mr. Andrews: It was advertised, but not in the sense that you are scussing it with the 15 day notice and so forth. Mayor Fe; -re: public he,rin. I the art pe,pie are have a full public Commissioners for We have got to do this in a very legal way which is with an advertised see Paul Andres here. I see some of the users are here. I see some of here and I thank them for being present, but we are going to have to hearing to pass this. All right now I'm going to recognize other Mr. Grafon: Mayor, I'm going to do just one thing for yr. I think it will help everybody. That is that the facility if it were to be redone. In other words, you take the same square footage and you build another existing hall on another site. That would cost you 5 million 600 thousand. It's in the report. If you acquire the land to go with it . If you didn't have the land, if you had to buy a piece of land, that would be a miri:rrm of 1 million 600. So a new facility just the same size off on another site would be 7 million 236 thousand. If you renovated the structure as it stands for 2.5 million you've got 1 million dollars worth of land there now at a minimum (you know) because of evai4ation, because of the parking requirements and so forth, Your steel structure it stands it's worth about PI million. The foundations are about one half a million, Site utility and interior floors and petitions that are there that we can use are worth about ;one half a million. Site development which is paving and so forth is about 200,000 so when you get through with the renovation 21 million you'll have a 6 million 500 thousand dollar value. Valued that way. Now the Downtown Convention Hall as you all have programed that exhi.h .t hall and seating and so forth then that's the way to go. You'd have to be at about 13 million in order to do the thing right, And you shouldn't start down there unless you are gui.ng to do the whole thing. JUL 195 Mayor pette: Let tee Aeh you two queetiona Ed? If ve proceed eventually and we have to with at exhibition hall nest to the Downtown Convention that would not preclude this thing from functioning? Mt. Grafton: oh M. YOU see this being nev in exhibit hall will be tare attractive to the local people to the eotmunities for an exhibit hall informal thing. in fast it would be very good to have thin function with the bigger one downtown be+ause a lot of thtugs that could use the Dinner Key Auditorium could not sattefaetortly go downtown and operate. Because that facility obviously is going to be bigger and smote formal. Mayor Ferre: Now let tie ask you the second question? I've only got one major concern. The tna j of concern is that we that building you say is nice shaped as fat as the mass. I think it's a monstrousity as a building. Nov, do you think that it can be Mr. Grafton: 1 never argue with an architect. Mayor 'erre: I'm a half make architect. I'm a half make architect like rather Cibaott is a half malte lawyer. (laughter) Do you think in your professional opinion that that thing could be Made with landscaping and panelling on the side and paint and maybe some art work could it be made acceptable as far as visuablely= Mr. Grafton: That's why I showed you a couple of slides on that Community College North Campus Aircraft Hangar that we remodeled because although we didn't have the benefit: of close in landscaping there. I think if you went up and saw that building you would agree that it's a very attractive building. I think that with the possibilities of doing some more landscaping than they did up there. I think that the building here has better lines to start with than that building had. So the answer to your question is I feel very comfortable recommending to you that the building has good -possibilities for renovation. Mayor Ferre: We're running behind time so I'll ask now for all questions to be quick and fcr your answers to be also to the point. Are there any questions. We are going to have a public hearing on this so there is no use for me to have everybody get up and make statements. Are there people here that are proponents of this? Why don't you raise your hands, let's see who the proponents are? Dan Paul, you're a proponent? Who are here is opponents? I'm sure we'll have a public hearing and they'll be plenty of opponents. Well, I'm glad to welcome you on this side for a change Mr. Paul. All right. Now, without further adue let's go on to the next item which is number five. Mr. Plummer: Mr. Mayor, I would just like Mr. Grafton (Boy Wonder), that once we have had the opportunity to-- Mayor Ferre: All right. Ladies and gentlemen before you leave we will announce when the public hearing will be and let's see if we can settle that now. Excuse me, J.L. Is it necessary to have a public hearing? Mayor Ferre: Yes sir. I as Mayor would insist on it. Mr. Plummer: Let me say why, the reason for it is that the mandate of this Commission is to the contrary, so to make a converse ruling now when we are on record of tearing this down to do anything to the contrary would demand a public hearing. Mayor Ferre: And out of fairness to all the people in Coconut Grove and I'm sure we'll have a lot of opponent on this so Father -- Father Gibson: Mr. Mayor, I hope Mr. Grafton that we consider this whole matter that you and invite the Commission to view that structure that you talked about. I don't mean. that you take one or two of us. I hope the five of us will go in a body and see it rather than you know and then that you point out these advantages and disadvantages , the similar- ities, the you know this kind of business, so we could be intelligent. Mayor Ferre: I'd like to have this public hearing right now, the date we are on --- We need fifteen days to advertise, If you advertise tomorrow when is fifteen days? It's be about the 8th of August -- Mrs. Gordon; Mr. Mayor, I wonder why you want to even think of having a public meeting in the month of August when so many other people are out of town? Mayor Ferre; Ok. I agree with you, September, Ali right, what day of September? Mr. Plummer: About, the 4th day of September, Mayor Ferre; All right. That's be fine, By the way, other members of et different 27 JUL 22 1 75 reasons have had to change meeting dates, i will be out of the ntry from the 6th of September through the 20th. Mr. Pldtttter Veil, then Mr. Mayor me then 'move tour 'Commis in Meeting up to the 4th: Mayor Ferre: The public hearing until the 5rd. Mr. Andrews: And let's plan on having tome budget hearings on the 2td and 3rd.. Mayor Ferre: All right. 1 think we are going to have to do that. No that's all right with me. I think the public hearing then for this item should be itt that period. Mr. Plummer: Well, Mr. Mayor let me stake a Motion at this time that the COMatiagiOn Meeting in September be Moved to the 4th of September instead of the l lth. I'll offer that in the form of a 'notion. Mayor Ferre: There is a second on that item. Further discussion oh that item. Ca11 the roll. The hollowing motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-683 A MOTION TO CHANGE THE DATE OF THE FIRST COMMISSION MEETING IN SEPTEMBER FROM SEPTEMBER 11, 1975 TO SEPTEMBER 4, 1975. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None, Mr. Plummer: All right. Then we'll move that we have the first two days of public hearing on the budget September 2nd and 3rd. Mr. Andrews, did you hear that? The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-684 A MOTION FIXING SEPTEMBER 2ND AND 3RD, 1975 AS DATES FOR CITY COMMISSION HEARINGS ON THE PROPOSED BUDGET FOR 1975-76. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote; AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J.L,Plummer Mayor Maurice A. Ferre NOES; None. JUL 221975 ■ Mt, Plummet: I will suggest Mr. Mayor that the second day of pub1tr hearings bit budget is usually is trot heavy at all, that we dedicate the afternoon of the Jrti for the public hearing oh the Winner Rey Auditorium. Mayor Ferre: All right is there ,a second to that motion? Mrs. Gordon: would be fearful of scheduling anything. you don't that it will be heavy or not, Mt. Plummer: Rose, you can always atop budget hearings if it deed be. `he first two days is usually the presentation and then the employee groups. Mayor Ferre: We have now a motion. la there a second to that? Mrs. Gordon: Wait a minute before we have it. Mr. Plummer: Rose, we can always stop budget hearings, five days of budget hearings at best. Mrs. Gordon: Maurice is going to be gone from the 6th Mr. Plummer: Well, we could carry it over to the 5th, Mayor Ferre: All right. We are going to end up doing a motion. Is there a second for this public hearing on the 3rd, further discussion. roll. Mr. Plummer: Schedule it for 1:00 O'clock. 'riayo. Fcrre: Third in the afternoon 1:00 O'clock, any it's going to be four or to the 20th. if need be. that as you know. There is Dinner Key Auditorium on the further discussion? Call the The fallowing motion was introduced by Commissioner Plummer moved its adoption: MOTION NO. 75-685 A MOTION FIXING SEPTEMBER 3, 1975, AT 1:00 O'CLOCK P.M. .S THE TIME FOR A PUBLIC HEARING BEFORE THE CITY COM- MISSION ON THE RENOVATION AND IMPROVEMENT OF THE DINNER KEY AUDITORIUM. who Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. Mr. Plummer: So everybody then understands on the Dinner Key Auditorium Improve- ments, the public hearing will be on September 3rd, starting at 1:00 O'clock. Mr. Andrews: Mr. Mayor and members of the Commission. May I have permission of the Commission in view of this. There is some legislation coming out of congress that may money available for exactly the kind of work that we will be doing if we are success- ful on the auditorium in that where there is 60% labor involvement in a project we would be eligible for funding and because pf the unemployment and other things there is a good possibility that we might get some grant funds of Mayor Ferre: I think you ought to develop that in the hearing. Mr. Andrews; I would like permission to at least go ahead with the application if necessary to withdraw from it if there is an opinion that we should not go ahead. Mrs. Gordon; Mr. Andrews, tan I ask you a question? Is that a type of funding that those monies still available also for the development of the Bayfront Park area 7 Mr. Andrews; No, 2 Mayor Ferre: wait a minute I'm going to rule this out of order tight nektdt t will recognize that question It this thing die from a second. Now there Is a ttiction bh the floor. is there A seeond that Mr. Andrew pursue thi't Clatter for funding. Mr. Plummer: bid he explore the pnasibility of funding. Mayor Ferret All right going once, going bdee, 'going three you what I'll second. I'll pass it oft too ReboSO, .g"—, Mrs. Gordon: I'll second the motion from the standpoint of getting it That has in no way --- that in no way liinde tiS as to ghat the procedure we some future time. :ihes. to .l, I tell Oft the table. would take at Mayo i'urre: Now is there any discussion on this i.teh that we ask the Manager to proceed e.:pioring with the Federal Government appropriate agencies, the funding of this thing through federal funds? C.ordom: No, I don't think you should say'this thin. Additional areas of fund- ing p,' lot. Let him do it. Let him use it where ever he can get it or whatever he can get it for, I. iyn. Terre: All right. That's good. Ok. Anything else on that? Call the roll: The following motion was introduced by Commissioner Plummer, who moved :LLs ac opition: MOTION NO. 75-686 A MOTION REQUESTING THE CITY MANAGER TO EXPLORE THE POSSIBILITY OF OBTAINING FEDERAL FUNDS TO ASSIST IN THE RENOVATION AND IMPROVEMENT OF THE DINNER KEY AUDITORIUM. Upon being seconded by Commissioner Gordon, the motion was passed and ado' e : hy the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: i�a71e.. Mayor Terre: Now Rose I'll recognize you for that question. Mrs. Gordon: If he does it the way the motion was passed he was going to explore it for whatever he can get it for. Ok. Mr. Plummer: Mr. Mayor, may I interject here for one min"'. and I would like to make a comment to Mr. Lucius Williams? Lucius last night the Mayor and I walked out of a dedication to the bank last night downtown and we afforded ourselves the oppor6unity of walking over to the river walkway. And I think I echo the sentiments of the Mayor that it is beautiful, it is gorgeous, it is something long overdo and we hope that you will proce' d with the completion of that as quickly as possible. To those who have not seen the river walkway, I tell you to go walk along the river. It is something to behold. Mayor Ferre: All right now we'll take up Item #5 and my apologies for this long delay. Mr. Andrews on Item 4i5, the Convention Center, Mr. Andrews: All right, Mr. Mayor, as you already expressed this is certainly overdo. and overdo and overdo and without to much a -do on it. I am just going to just get into the criteria established for site selection and see if we can't arrive real quickly at a decision as to the best possible site for the location of the Convention Center in Downtown Miami. Some of the criteria that should be taken into consideration is the access ability to the inter city, In other words, the CBD location, It should be close to hotels, rest- aurants, and shopping area of downtown Miami. And located if possible, to take advantage of some of our nature assets, especially the water, It also should be located so that when it have a major impact on the further development of the Central Business District. In other words, if we can select the site that assist the city in improving its position and assisting the development in downtown Miami, that site certainly should be considered, It also idea].lytf possible should be located pc as to be involved in the Central. Business District:, but yet be isolated` so the function of conventions can be carried on in a normal 30 al, 2 21975 a 1 Utter without toe ttueh tuth totigestien and at trots putpeaes with athtr uses in the 'Central Business District and certainly, we thculd have tuff -idea land area tar flexible site design. In other wards, to that the faeflity tan be detigtwti to have along with it sate -Of the amenities that tale have in South Plurida as part of the sits development, Now we've gone over all of the previous reports and leaked at the various Cite studies that hete shade and there 'was an extensive list of various committees. the AIA, professional firms, Doziadis, even intluded tite selection its his plan for the convention facilities, keally there are six sites left area worth considering in the DOWfitfth Miami arta at this title atnd as I move through these. I'm going to elitittate st ne of them from consideration but identify them. There were two sites within the Bicentennial Park toneept. The park itself, and then the Holiday Inn sate ott the PEC property.( If you tan lower that neap and help point to some of these as l point them aut) The Bitentennial park, the park itself was excluded for obvious reasons. Even if the vatted to go ahead there would be the question of under one hand we are developing the park with bond funds for park for people bond funds and there was no consideration in that for the development of a Convention facility and tic- enteniiiai Park, so that site is excluded, The PBC site and Holiday Int site is the largest of that property that we are hoping to acquire. That in itself is really too stieall. to IC& otitmodate a convention facility. It Could be squeezed in on the site, but once again ve are using parks for people bond funds to acquire that for park purposes. It's not logically that we then turn around and use that for a convention facility. Watson Island has been considered. But really Watson Island is too removed from the heart of Downtown Miami. If you built the facility there anquestionablely, you could use shuttle buses and other means to arrive at the site. However, it's just not the best possible site in Downtown Miami. Another site which Mr. Wolfson and I have to give him a lot of credit. He's been prodding the city to snake a decision as well as Dan Paul and a lot of other people. He has offered certain sites through the off-street parking and one of those is the off-street parking site at N.W. 5th Street, along 1st AV:=„ue and Miami Avenue. However, that site is removed from the CBD area somewhat it is a small site and is not really adequate. Now, there are three sites that greater con- sideration should be given to. One is the Government Center Site, the other is a site which is p a rtiailydeveloped and owned by the off-street parking, just south of the Junior College. Third site is the Feinberg property which is divided into two parcels of property in itself. Now, the Government Center Site, there are problems with locating facilities at the.Government Center Site ;Inc:: I'm not saying that a Convention facility can't be located there. In toy jud- gment of those three remaining sites. It is not the most desirable. It's not really compat- ible with th;: ;:se of the Government Center. The demands on the Government Center Site have grown. while the site itself has shrunk in size. It was much larger when we first started out when we e'<visioned a lot of uses for the Government Center Site. The site has been reducer, in size and remember now we've added the library on Flagler Street to the many, uses. It's not related to the walking distance requirement as readily as some other sites in terms of distance from the hotels. It does not really add to the further development of the Central Business D i. s t r i c t .The Government Center Site itself in itself will add the empathy whatever that might b,> ;.o the further development of Downtown Miami. So we can take advantage of locating the Gcvernment Center Site in that particular criteria elsewhe"e in the Government Center and provide greater growth in how we influence the surrounding area. The Government Center Site is really somewhat removed from the center of maximum Central Business District activity ii you can think of a district within a district. Additionally, the Downtown Development Authority and they recently adopted a resolution in oppositi'>n to locating the facility in the Government Center Site and the hotel association has sl.iken out against this and why the Chamber of Commerce has not taken a firm stand; some of there members at least have spc'cen out against locating the convention facilit>In the Government Center Site. However, the Chamber of Commerce is anxious for the city to make a decision and just move ahead no :natter where the site is and if we decide that it shou]d be there they would support it. Now, :.he off-street parking site south of the college, it's a durable site but it's a little too small and yes that is ---- the pointer is pointing to the existing parking garage and the site is about 300 feet in depth total and the land that the off-street park- ing - yes, the off-street parking owns about 200, but there is about another 200 feet available. Mayor Ferre: I'm sorry, but you have to look at the--- If you look at the configuration and Mr. La 3aw is here you'll see that the block which is already half taken by an existing garage. What you have left is basically 300 ft. x 200 ft, in that block assuming we go out and purchase the property that is not ---- Mr. La Baw: Sir, I believe there is more property than that because the garage is just adjacent to 2nd Avenue, Mr. Andrews: 350 feet would be a fair description and we have that accurately stated. But even with that you'd find that when you find that when you went to plan that site for the kind of convention facility that we need, that would accommodate 6,065 and the flex- ibility that we want to design into it so we could attract more than one convention at one time with the necessary meeting rooms. You'd end up probably bridging the avenue and going on to additional property to west to'reaily carry it out successfully and it is in a cong- ested area and it would have no site amenities that would make it an attractive facility. f. MEe The building might be designed very attractively but you would ttbt have fib rebith for lattdstaping and protnbntory walkti amine it artd that wbusd nt5t be tondut ivtto that situ So for that teastM that site i as not really given very aerious + bnsidet atibri, There is otte in my judgmettt and opinion one ideal site in :a 8ettttal llutiteaa blstriet and that's the Feinberg site and it's the Oita l AS recommending tb the City Obetnisaibti that we give serious consideratibrt. It divided itttb too separate parcels attd the south parcel contain(it is on the water) Mayor Ferre: You got a drawing of it? Mt. Andrews: Yes we have. And We have a larger map here that we can hold up. 'e didn't want to put that in front of this one. Here are cote photographs that tie cat dish► rbute to tha Commission. We have sate enlargements of -=--- the south portion of that piece of property contains 3.9 acres (172,000 sq. feet) and the north portion tontaitts 1 acres , the total properties involved 5.1S acres . It has accessibility to rater and interestingly enough the land slopes about 15 feet from an elevation of 18 or 19 feet at the edge of the road. It's tabled and then drops off to an elevation of about 4 feet at the kwater's edge at the river. This makes the site very condus ive in a design that could be carried out in which you could provide parking underneath practically that whble entire site in a development of the facility and not really know that it's there. have some elevated walkways in addition to the river walkway at one level. Others could be provided - .r. lemmer: Excuse me, Paul is the Dallas Park included in the Pineberg Site? Mr. Andrews: No it's not. Oh--.- excuse me (I'm thinking of Ft, Dallas) 'mayor Ferre: Oh no--- the answer is yes. The Dallas Park Hotel is included. In other words, in that block we would include 'all that land. Mr. Andrews: Now the importance of this site is that it sets at the apex's of what I consider the Greater Downtown Miami Area. It has the advantage of being near enough to the boule.v rc and all the hotels to the north. It has the advantage of being immediately to the nortl, of the entire Brickell Avenue and the Claughton Island Development. It certainly will stirrui<:::e the Du Pont Plaza Development and the property to the west of this site which is tha Y Luiling and then the City of Miami is moving ahead with the development of the Ft. Dallas Park which I misunderstood when you were talking about- and then all that land to the west which is now parking lot. Remember, that area immediately west of the Ft. Dallas Park property has been designated through the Downtown Development Authority as the Miami Latin Cew.e- , Miami. Latin Development which would occupy about 5 acres or 6 acres of prop- erty and w3.1:d be extremely worth while project undertaken and I'm sure that that would stimulate L ':,i:a:i g as to the development of that proper; y and that is the Banana Supply Compa'iy property and then beyond that is the FEC property. This has so :lany .advantages aacessibility immediately from the expressway. We could as an example on the north portion of this prcperty visualize this possibly taking place. Imagine that on the south portion we developed the convention facility. In addition to developing that convention facility we certainly could explore Potentiality of under lease or some other arrangement of coupling that development with a hotel. But certainly the north end could be developed for parking and then Mrs. Gordon, you've raised from time to time,'let's take advantage of air rights'. If we work with the off-street parking department for the northern develop- ment of that site. And had a parking garage. Certainly above that parking garage we could explore the development of another development of another hotel Those would all facilitate the convention facility. And I'm just --- just can tell the Commission rather excited about the prospect of moving ahead with your permission.to negotiate for this acquisition. Mrs. Gordon: Is it possible to bridge across the expressway in the air right, the two sites? Mr. Andrews: Yes. That's a potentiality also, direct connection. Mayor Ferre: This gives us additional square footage. Now, Mr. Andrews the key question that you have to address yourself to before we get into it is how are we going to pay for this? Mr. Andreas: Yes, the next subject of course, Obviously is funding. Now, let me start out in the funding area by indicating that the action that the Commission took with Metropolitan Dade County for either locating the convention facility and the Government Center Site and getting a committment from the County Commission that they would partici- pate in site acquisition if we moved away from the Government Center is now beginning to bear fruit. I talked to Mr, John Mc Cue and explained to him the following; If the City Commission chose the site away from the Government Center based on the commitments than were made and the understandings that were reached, Could we arrive at a participation amount that the County could live with and that you the administration could recommend? And the following was concluded, that the property that's acquired i..n the Government Center ranges from, $6.00 to $12 , $14,00 sq. ft. and the average is at about $8.0O a eq,ft. 32 the 180,000 sq. ft, raberVatift that the Commiaaton has set up than equated t.,ir t1R $8.00 a sq, ft. represettts about 1k million do1l.ara. Mr, Mc tut said if this toad be platted over several years those kind of paymenttt and jut for illustration purposes if the city make the down payment Oft this land Mt. p+eittberg then we could spread the test over a three year period that Mould meant that Metropolitan bade County would be itt a position to make a contribution of ,'Sb0,ili50.00 a year for three yeatn toward acquisition. The city tat also after at ittiitial drat peymett be put in a similar Petition and I can tell you that the Florida Power and bight Company money neat year we took a significant jump this year it titereaaea, but nett year its expected to increase at another M500,0o0.00 per year. So if ve take advantage of just that growth next year for three years we'd have an additional Mayor Ferre: Mt. Andrews, how long does the Florida Power & tight frattchise have to go? Mr. Andrews: 1984. Mayan Fc!irec In other words we have seven years left, or eight years? Mr. Andrews: Yes. Manor Ferre: Now, what was it this year, roughly? It was 5 million dollars, right? Mr. Andrews: Yes, but the monies that flowed to the fund was about 2115 million dollars. Mayor Ferre: Ali right, now how much will it increase according to your estimate and Florida Power and Light estimate? Next year? Mr. A.idrews: It's go to three million dollars contribution. Mayor Ferre: Ok. So in other words we will have that money available. Now, is that money ususaJle for other than the Orange Bowl? Mr. Andres: Oh yes sir. Mayor Terre Can we use it in the purchase of property? Mr. Andrews: Yes sir. Mayor Ferre: AI.1 right. Now. in the interest of time. Are you finished? Mr. Andrews: No one more element, Mr. Mayor I want to make sure tt..t you have an understanding in one more area and that is we've reviewed very carefully the current plans for a convention facility which was stopped when they were 60% completed at a cost of 255,000 dollars. Agreement was reached after resolutions were adopted by the Commission that an agreement be entered into with the architects to preserve those plans for a five year pericd which expires on August 11, 1975 that for an additional 55,000 dollars those architects will bring those plans to a completion except for the site and foundation work., After the Commission has reviewed•this I would hope that you would permit me to sit down and review this with the architects and to possibly to negotiate the city into a better position on new plans at this site. Mrs. Gordon: Of the total cost of the land, did you say and I didn't hear you? Mr. Andrews: Well, Mrs. Gordon I'm -- I don't know if I should reveal that at this stage and I want to tell you --- Mrs. Gordon: I don't like mysteries. Mr. Andrews: All right. It's in the neighborhood of 4 million dollars. Mayor Ferre: No wait a moment, now - that's --- that is not the case at this point and that's why I wanted Mr. Feinberg, himself to tell you what it is. We don't -- Mr. Andrews: I said in the neighborhood Mr. Mayor. Mayor Ferri: Well, I think it's in the neighborhood of 8 million dollars. Mx.Fein- berg is going to discuss why it comes down or his attorney or somebody representing him, Let's wait until that moment before we do that. Now is there anything else you want to add? Mr. Andrews: No. Mayor Ferre : All right. Now, •at this tune 1 v lit to recogftise ' �tr1 Peiftberg. 4t. Peinberg we are happy to u hers tod 1 dort't kftow r tethet your attbTe1+ of whose going to repress �t you —All right Mt. paui 1' ii reeogfyia tir. Dan Paul: Mr. 14ayor, addreaa tftg tnyaelt to the question of the sequistion of this property. Whets we were eppregehed by Mr. •Andrews for the atquistiott of this property based on our estimates, the property is coflaervativeiy iwotth g to 10 mi11ioft dollars. Th fact the piece of property. Mayor Ferre: is that based on appraials Mr. Faulk Mr. Dan Paul: Yes based on appraisalsthe piece of property just to the north of that piece of property has just sold for $39.00 a sc. ft. and that's not on the water, that's an inside piece. We think this piece of property is very probably at present market value worth about $O.00 a sq. ft. Mr. Andrews told us -� Father G£bson: Is that Howard Johnson Mr. Dan Paul: No. The property just =_- Mr. Williams is pointing it out. Just north. The Columbia Building property, Mr. Andrews explored with us these appraisals on the property and told us that the city would not be able to acquire the property as much as he wculd like to have it for what we consider it a fair market value of the property to be. So the Feinberg family have spent some time consulting and are really prepared at this point to make a proposal to the city which I think you can't really turn down from point of view of the gift that they are willing to make to the city. Although the property is worth between 8 and 10 million dollars. The Fdinberg's family in consideration of their business investments that they have in Miami and what they feel that 'Miami has done for them are willing to contribute to the City of Miami all the cost of the property above 4 million dollars, which makes it quite a phenomenal offer, brings the square footage value down to something like $19.00 a sq. ft. Mayor Ferre: That's what I want to put in propective. How many square feet of property? Mr. Dan Paul:: There are 210 sq. ft, of property plus an additional 12,000 sq. ft. of interior_ streets which obviously when you put the property together and that does not include of course -� Mr. Flummer: Dan you had to make a mistake. There's more than 210 sq. ft. Mr. Dan Paul: 210,000 sq. ft. plus 12,000 sq. ft.of additional interior streets for vacation, Mayor Ferre: I'd like to point out right now at this juncture because I think it's important and I know downtown property value, because I 'm involved in that business that property in that vicinity especially, on the water is really the asking price or the going price for that type of property should be around $50.00 a square foot. A^ross the river that land is worth more than $20.00 a square foot right now. That property along Biscayne Bay on Biscayne Boulevard and Flagler has sold for over $100.00 a square foot and that in the area arcund the Junior College towards Biscayne Boulevard the land has been selling for $30.00 a square foot, so I think that the $40.00 a square foot for this property in my personal judgment is eminently a fair price. The fact that we an get it at under $20.00 a square foot makes it a fantastic price. In effect and I'm not in any way taking about the merit, because I am sure there is some very substantial tax consequences on this thing for the Feinberg family but that's his problem. Our point is this that effect Mr. Feinberg really is giving the City of Miami a donation in excess of 4 million dollars and that's the way we've got to look at it because the replacement value of this. If we can get this for under $20.00. There is just no way you can buy property anywhere of this quality at that kind of a price. Mr. Plummer: Let me ask this questior. Dan and you represent Mr. Feinberg? You have heard the Manager express the point of over a time period of three years of paying for, Is this agreeable to the Feinberg family? Mr. Dan Paul: Well, we had anticipated on this kind of proposal to the eity, that the city would frankly arrange to pay cash for the 4 million. Mr. Plummer; In God We Trust, Ali others pay sash, Mr, Manager, look = hey there Ls no question if we can acquire that piece of property foar this kind of money we would be fools to think anywhere else, Now where do we go from here? Mayor Ferre; Now, before you do that. It's Ure for me to make my ilttle staterent ok? Ladies and gantemen 1 want to stroigly recouuuend to you that we accept this proposal. 1 want to give you the reasons for .t, There are only three sites that we could oonslder, the government center, the parking property testt to the iunier toileg+e tit this one. Now, the govern ent tenter in my opittitn la really too fat moved trot the buait[tesa cof unity and too fat removed from the hotels and the fUtutt hotels, tt's tot wlthttt a safe walking distance free the general area Mere it horrid be haed, Number two, t think that eventually they will all be a very safe area, but right tow there is a lot of question about people in that getteral area betauae the statistics just happen to Show that. Number three- I think that a eonventl-ot tetitet should tot be in the taverna tent Center because even though a government would tat it. It Would tot really use it as much as the conventions that We would try to attract to this cot unity. I just don't think it's the appropriate 1oeatien. Nuthber two- the property next to the Junior College is at exceptionally fine piece if we don't do this , t would strongly recommend that we move on that piece. The unfortunat.: part about that property is:onc it's too small. It only has 90,000 square feet, this is twice as large, more than Witt as large. Number two: eventually that property has other uses the Junior College piece in expansion to the Junior College it needs growing room, we need tore parking in the downtown in the future and that might be otte of the key stations for the rapid transit so I think that those are the things that are against that particular area. The other thing is the prospective. you have rather narrow streets that's right in the core area assess to it would be problematically when you are trying to put 10,000 people within a half hour period into it. So I think that for that reason to me that's a second choice. Now, this property as you may recall this Commission went on record, I Was not a member at that time. In favor of this location when Mr. Feinberg made a generous donation of part of it. The reason why Mr. Reese ( I think) was opposed to it at the time was because it was just too small to accomplish it. Therefore that kind of went by the way side. Now, for us to acquire this property at this time. We have the following advantages, number one it's on the water. Number two it's within walking distance of three of the major hotels in downtown. The new Howard Johnson, the DuPont Plaza, and the Four Ambassadors. Number four, it's within a safe walking distance of the main office buildings in the area. Number five, it's not that far from the government center. Number six, it's pretty close to the rapid transit juncture where I think it could be serviced. Now, there are some other things that we have co consider. One is that either FIU or the University of Miami hopefully would come in and in conjunction with us use the property for a variety of reasons. It's too early for us to get into that, but I want to say that both with FIU and the University of Miami we '-: ve been in discussions for the use of that property for some type of downtown campus activity. If the University of Miami does .not want it. I want to assure you that FIU is most anxious to get involved, because they have as their plans an expansion of the FIU campus on the downtown area and this could very well fit into those general plans. Lastly, I think that there is no question that this property is large enough that we could put some parking facilities in it. and ghat we could lease the for long term the air rights and put out for a public bid for major hotel which I think would be a money maker for the city would help to carry the cost of this property. I think ---oh one other point there is a lot of parking within safe walking distance of this and ther,menities'the beauty the location, and the expressway ( I forgot to mention the expressway) has a down ramp which would go right into the property and you could get back on the expressway over where the goodwill industries is. So it's absolutely accessible beautiful location It's on water it would have•e a prospective. We can do more than just the convention cent'r. We could piggy back and join venture with one of the Universities, with the hotel. So I just think that it's just a wonderful opportunity and I think the price is right. I would hope that somehow with Mr. Feinberg that we could give him rahter than pay for it cash. Because the problem is that we would have to depend on the franchise money. That we could do that over a period of a few years so that we could get the Dade Coe ty million and one half dollars in and we could use our franchise. Mr. Plummer: Mr. Mayor, excuse me are you finished? Mr. Mayor, I think so highly of this . Let me tell you what is in the back of my mind. Mr. Andrews the help from: the County was really coming in two ways. Not was it only for two acquisition of a parcel of land but also 5.3 million dollars. Now, I'll tell you something I'd hate anybody at a later date point a finger to me and say 'you let that slip out of your hands'. Now -- well, it's not earmarked solely for construction. And Mr. Paul has said they wish to get it in cash and if they are willing to make that kind of a concession. I think they should be paid accordingly. What would prohibit us Mr. Andrews from taking the cash lump sum that we have acquired for the swap of the Virginia Key to purchase this thing out 7 Is there any prohibition against it? Mr. Andrews; This is so important to the city, I am not going to answer that question just off the top of my head, What I wish you would do if you (the Commission) are of the conviction than this is the site to acquire that you give me the latitude to deal with Mr. Paul and Mr. Feinberg as to the final arrangements. Give me the time to come back to the Commission on a dollar basis because Mr, Mayor and members of the Commission if at all in some way I hope we can keep that 91 million dollars in tact so we can go right ahead with plan and find some other way of funding this site, If that's ,lilt.. `; 1975 I'll come back ttt tht tommissi b Ahd A —0 you tb get you dotision to bbil It go. Mayor Vette: till tell you why that's so important Paulbetaust otherwise we art going to be in the sate old bind o itsiting for money you know the same old story in the City of Miatni. Mrs. Gordon: Where' you ate going to get this 2tg nt11i�t for Dinner Rey Auditorium Mt, Andrews? Mr. Andrews: Mts, Gordon: Mt, Andrews: Mrs. Gordon: From the tiotida PCWer & Light &MOW franchise fiittde Welly cafttt you use that for this? wtil, you canq use both, Ok. What's first? What's more important to the city's welfare? Mayor Ferre: We can do both Mrs. Cordon and we'll come up with those figures, I guarantee you that we can tome up with the money. Mr. Plummer: Mr. Mayor, may I have the opportunity of making a motion? Mayor Ferre: Yes, I'll recognize you as soon as / if there is anybody else who wants to ask a question or anybody who wants to make a comment, Mr. Paul: Mr. Mayor, one thing I would like to say Mr. Feinberg's own situation in a situation of the family if you want to acquire this property we need to have a answer really today. We will do everything we can to work with Mr. Andrews if there has to be a three year pay out and an interest factor involved. I tell you that we strongly desire that this be a cash deal particularly in view of the method in which we are making it, but you are getting ready now to go on a August recess and we're just not in a position to hold this offer available during that period. Mayor Ferre: Paul, it is my intention hopefully, that this Commission will take a firm position on the purchase of that property. I am hoping that that's the way this will go. Mrs. Gordon: Mr. Andrews, can we get the million and a half from the County now? Mr. Andrews: Mr. Mc Cue said that there would be a problem as far as getting it immediately but that if we could find the way of spreading this cost ov.r a three period that would be ---- Mayor Ferret I think Mr. Feinberg is going to have have to understand that we may have to pay for it over a Mr. Plummer: Well, I'm sorry I'm at a loss. I don' pay interest for a three year pay out when we've got the Now, that doesn't make sense. to --- and Mr. Paul is going to three year period, t understand why this city should 5.3 million sitting in the bank. Mayor Ferre: Well, J.L. I think what the Manager is sayi4b is give him the opportunity to work on the details and he will satisfy you and I would say by the 3lst, he ought to come back with an answer. All we need to do today is either reject this offer or accept , it is the way I see it. The acceptance of it is the acceptance and the order to the Manager to proceed and in finalizing so that on the 31st we can vote on it. Mrs. Gordon: Would that be a no strings attached agreement, clear cut purchase, no air rights- we have total authority to do whatever we wish after? Mr. Andrews; Yes. yes. Mr. Plummer; Well, that's why we're going to give him the latitude today to enter into those agreements. Mrs, Gordon: Well, I am just kind of letting him know how I feel, Mayor Ferre; All right, Is there any other questions or points to be made? Mr. Paul; NO, but I just want to make one thing clear, that if you do elect to proceed from our point of view the transaction would have to be closed within 60 days. w aiz JUL 22 l'J7Li Mayor Fetre We a idets And thfit•. Mr. ?lu r : Mow .ib1 ttt AO .14t ; Mt . Paul: 30 days would be evert better' Mayor Petre: All fight. Now Mt, anima. Mt. Lucius Wiliam! Mr. Mayor and Commtsaicners nay I just take the opportunity to encourage you to proceed oft this t that the Downtown Develophent Authority certainly stands with you. We have objected from the beginning to put thta thing in the Dovernment Center site. The board has specifically within the last 60 daye agreed that this is an acceptable site. We went through the feasibility of this site in connection with Mr. 'ineberg's prior generous offer. All of the feasibility panned out at that time. It is even enhanced now that we are talking about the total site and we simply encourage you to proceed, Mayor Ferre: All right. Mr. pluttuner. Mr. Plummer: Mr. Mayor, 1 think that without question that this is the finest site available to the people of the City of Miami I think that the price which has proffered here today is more than fair and I would like to move at this time that we give the City Manager and the City Attorney the latitude to explore the final negotation so that he can come back on the 31st of July to this Commission with a heart and concrete answer so that this Commission can hopefully purchase this piece of property for the future use of the people of this community and 1 offer that in the form of a motion. Mayor Ferre All right. Now is the sense of your motion that this Commission goes on record in purchasing the property and is instructing the Manager to work out the details of the closing? Mr. Plummer: Mr. Mayor, I will only speak for one member of this Commission if the Manager doesn't work out the details. I am going to look a second thought at the Manager. yes, it is my intention without any reservation that this becomes city property. Mrs. Gordon: I'll second the motion with following thoughts in mind that there be evidents of value by way of an appraisal so that --- there be no question ever of us that 'we acted -- Mr. Plummer: Rose, let me do it another way. The motion was to give him the right and the authority he and the attorney. May I suggest that if we individually, Commissioners have things that we want to be included and to be covered and be protected that we do it by separate memo to the Manager. Mayor Ferre: I think she's right. Mr. Plummer: I'm sure she's right. You know, put it in the motion thit we have a very defiantly--- good procedure. Mayor Ferre: We accept that as part of the motion. All right anything else? Mrs. Gordon: I think it's a great site I don't know a more beautiful site. I think it's a fantastic site, I think that I can en v is ionsome San Antonio type barges lauding there moving up and down the river. I think its' glorious and wonderful and hope it all comes about. You find the money and you give us some terms. Mayor Ferre: You know I tell you it couldn't be in a better location, because Mr. Dan Paul himself has made sure that we don't touch the Bayfront and this is the only property next to the Bayfront that's on the water, so I think it's just a very -- Mr. Paul: Mr. Mayor, it's not clear to me from the motion. Do I understand that on the 31st the matter will come back to this Commission in the form of a contract ready for execution, is that what.....? Mr. Plummer; That is the intent of the motion and that is correct, In other words the motion carries with it the intent to purchase and that the only thing that would be on the 31st if we don't sign the deed is because Mr. Andrews has found a flaw or something that he feels that this Commission needs to know about, am speaking for one. Mrs. Gordon: I want it clearly understood J,L, and l think you do too that Mr. Andrews is going to use ----- to get an appraisal, to share the value of the property is that much or in access of that much, 7 JUL 22 1975 Mayor Ferret NOW) t t. t to state.nar,ytr. Andrews, Mt. °' ,lrsyd, t want you to listen to this because t want to vote on this on the flat. Mow, it you ,go tut attd get -an appraisal, I guarantee you that it'll take GO days or 90 days. Nett, j+ at listen to la What l WOu d like SO tde ten vote on this on the 31st is n letter from WO appraisals to tell The and this telMiaaton that this land is north 4 million dallare or more and that t think you can get it two days, because nebedy is going mom = And then when the appraisal is finished me will then sake it part of this whole transaction because other.. wise. we are going to hold this up for 90 days. Mr. Lloyd: tut the final resolution actually taking the property gill be on July 51st Mayor Terre Yea, but the point that l'* trying to make is that 1 want as part of that resolution a letter from two appraisals Baying that it is *forth 4 million dollars or more. And they Will subsequently give ue the specifies ae to saw much tore it's worth. Mrs. Gordon: t want to say that they are not that almighty busy right now Maurice. You may have your total appraisals ready by then. Mayor Terre: Well that's be beautiful. if you can fine. Mr. Andrews: And please advise me to there is the matter of affecting the abstracts in some way. Mayor Ferre: Well, 1 understand the sense of this motion is that you immediately proceed with reviewing the titles to the property so that by the 31st hopefully, you can tell us that we have a clear title to the property. Mr. Lloyd: We will do that but actually, even if that has not been finally concluded we can proceed as Mrs. Gordon well knows to signing the contract and then of course the closing is up to them to give us the clear mark of the title. Mayor Ferre: All right. Mr. Paul, is the title clear on the property. Does it have any title insurance and all that other stuff? Mr. Paul: Yes the title is clear. We'll furnish all that to Mr. Lloyd. All right, is there further discussion on this item, if not call the roll, please? The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-687 A MOTION OF INTENT TO ACCEPT THE OFFER TO ACQUIRE THE "FEINBERG PROPERTY" FOR DEVELOPMENT AS A CONVENTION CENTER SITE AT A COST NOT TO EXCEED FOUR MILLION DOLLARS, SUBJECT TO THE PROPERTY BEING APPRAISED AT NO LESS THAN THAT AMOUNT. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES; None. Mayor there: Wain Mr. Peinbarg On behalf of the City of Miami 1 want to thank you and your soli and family and all of your associates for this wonderful cooperation that we've gotten. 1 want to tali you that today is one of the great days in the history of Miami and we thank you and Mr. Dan Paul and Jim Billings and Lucius Williams and all of you t'ho have been involved in bringing this. 1 know this has been .a long time it' the raking 1 know that At times you were very patient with me and 1 don't blame you at all for that. 1 hope now we'll get things now under way. Why don't you come up to the microphone Mr. Painberg? Mr. Feinberg. 1 would really like to 'commend all of you. I've appeared; before quite a number of cotmnriastons and council meetings, but fibt always do 1 tee such uniformity in tecognization it something that you should act upon immediately. 'Good luck. Mayor Ferret Thank you very much Mr. Peit►berg, Mrs. Gordon: When can we take construction once ve take title? Mayor Ferre: We have here Mr. Cruz here whose the President of the hotel. Association and you want to make a quick statement. We'll be happy to Mr. Cruz: One very quick etatement, We of course represent around SS properties. And we have been fighting for something like this to come about. So it gives me great pleasure not only to thank Mr. Feinberg, but to thank this Commission because now 1 really have something to report to my membership and to us it's a very happy ---- Mr. Plummer: We hope on the 3lst that you'll have something even better to report. Mayor Ferre: I want to tell you that you --- I know because I've been there. This has been the number one item on the Hotel Association agenda for 10 years going back to Bob . I remember that very very clearly. Mr. Cruz: Thank you very much. Mr. Plummer: Mr. Mayor, let me just interject one thing here because even though you and I will disagree on this. I do believe what is developed on this site assuming that we do acquire does in my estimation have a direct relation on item 4 of today's agenda. So, I want you to know that that is in my thinking. Mrs. Gordon: In mine's too! Mr. Plummer: It is my feeling that a facility could in fact be built on this hopeful acquisition, that could accommodate boats. So I just want you to know that that is my thinking. Mayor Ferre: We are going to have --- Mrs. Gordon: I just want you to know Maurice that my thinking is in very much line with Mr. Plummer's expression. Mayor Ferre: I know that. And I want you to know that we are going to have a public hearing on that and by that time hopefully, both this will be finished and we'll have the funding on this Dinner Key thing worked out if possible. Mrs. Gordon: Or transfer to this site. Mr. Plummer: So there will be no question in anyone's mind. As you know, I have long been opposed to the continuation of the Dinner Key Auditorium. I am willing to take and digest all of this material before I make a decision, but I just wanted that for the record. Mayor Ferre: All right, Now we are going to take up Item #3 which is Bayfront and Bicentennial Park. Is there a motion? Mr. Plummer: Mr. Mayor I don't think a motion is necessary. The Commission is on record. Mayor Ferre: Mr. Andrews: Mr, Plummer: No sir we need a motion, You need several. motions Mr. Mayor. Well, have you got the ready? Mr. Andrews: Well, may I express the motion And you offer it in any way you wish? You need one motion to except basically the plan, Two, you need a motion to provide the funds. Three, you need a motion to instruct me to work out agreements with the off-street 39 JUL 22 1275 parking, the poet people and the testauratct poop t na iar na their invol t thvit in ttit total plan: Mayor Pette All tight; I t'o tike up the ftrot oft 4 to there a thotion to approve the plan as it'o been submitted today/ Mt. nutter: Moved. Mayor Ferret is there a etcnnd? to there a second to approve the :plan? There is a second On the tnotion. to there further diocuooton on the approval of the plan? Ca11 the toil. Mrs. Gordon: The plait wan an amended plan. Mayor Ferre: Yes. As shown to us this morning and make that apart of the record. The following motion was introduced by Commiaaioner Plume who moved its adoption: MOTION NO. 75-688 A MOTION TO APPROVE IN PRINCIPLE THE PLAN SUBMITTED BY EDWARD D. STONE, JR. FOR THE DEVELOPMENT OF BAYFRONT AND BICENTENNIAL PARK AS PRESENTED TO THE COMMISSION ON THIS DATE. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now on the question of the transfer of the funds and you are talking about 21 million dollars from the parks for people program. Mr. Plummer: So moved. Mr. Andrews: And we will in coupled with that. We will be looking to the borrowing source from capital improvement funds to carry us while we make the arrangetaents with the port people and others. Mayor Ferre: There is a motion on the funds. Now, there is a second by Commissioner Reboso. Further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-689 A MOTION OF INTENT TO ALLOCATE FUNDS IN THE APPROXIMATE AMOUNT OF S2,500,000.00 FOR THE DEVELOPMENT OF BAYFRONT AND BICENTENNIAL PARK. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote; AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J,L,Plummer Mayor Maurice A. Fern NOES: None. 40 JUL 2 21975 Mayor Fette: Now, the last Otte is A tdetion en teiling the tanager to negotiate to with the offr-stteet, with the restaurants and otter interested parties td prateed. Mr. Plummer! 86 moved. Mayor Ferre! There Is a motion and a second byb entaiagioner iteboab, the abaft Made by the Vice Moot on discussion. Mrs. Gordon: The testaurant Portion that will go out to bide? Mr. Andrews: No, you see We'll be negotiating with restaurants as oaiatea to provide the service. Mts. Gordon: To continue their aerviee a little further over =_ Mr. Andrews: Yes. but that has been negotiated. Mt. Plummer: May 1 ask a fast question? Ott that restaurant Paul there is no parking provided around that particular area. Do t then understand that anyone going to that restaurant will be by walking? Mr. Andrews: No. You can arrive there by automobile and hope that you'll pull under- neath the canopy that will constructed as part of this and you,can even park your car your self but your car can be taken by a valet in the evening. In the afternoon you can park it in the lot right adjacent to it. Mr. Plummer: Ok. Mayor Ferre: All right. Anything else? If not call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-690 A MOTION INSTRUCTING THE CITY MANAGER TO DEVELOP AGREEMENTS WITH THE OFF-STREET PARKING AUTHORITY, OFFICIALS OF THE DADE COUNTY SEAPORT AND THE OPERATORS OF MIAMARINA RESTAURANT IN CONNECTION WITH THE DEVELOP- ME,T OF BAYFRONT AND BICENTENNIAL rARK. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Paul, what's your fourth item? Mr. Andrews: The fourth item in this area is for you to adopt a motion authorizing the Manager to negotiate a contract with Stone for the carrying out of the design plan. This is all preliminary plan. He did most of this on his own time to bring you to this point. Mayor Ferre: All right. Is there such a motion? Mr. Plummer: So moved. Mayor Ferre; Plummer troves. Reboso seconds. Further discussion, Ca11 the roil, The following Motion Was inttodueed b Moved its adoptions is€ MOTION NO. 75491 finet piummtr, taho A MOTION AUfl oRIZtNO A# XIRHCTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT 1ENT WITH bWA D. STONE, JR. PO t THE bEtION PLANNINO pOR 'THE DEVELOPDEVELOPMINT OP BA' PEONT AND HIGENTENNtAL PARK. Upon being seconded by Commissioner keboso, the motion was passed and adopted by the following voter AYES: Commissioner Manolo keboso Commissioner Rose Cordon Commissionet (Rev.) Theodore Gibson Vice Mayor .1.L.Plumtner Mayor Maurice A. Ferre NOES: None. Mayor Ferret Now Father Gibson. Father Gibson: Mr. Mayor, I think we ought to say to the people who operate that restaurant for us down there. They need to be a little more imaginative. You know and have some personal touch. You take Sy Mandell down there on that river man, he makes that facility of ours look like ----- you know. I hope it's in the record so they Can know that I said it. Mayor Ferre: Well, I am going to be a lot stronger than Father Gibson. I am going to tell you the food is bad and the service is terrible. Mr. Plummer: That's only because you don't tip Mr. Mayor. Father Gibson: I am not so sure that's what it is. Mayor Ferre: All right. Mr. Andrews I think yru heard the point of what Father Gibson said and I completely subscribe to it. You better tell those pe)ple. Write them a nasty letter telling them we expect a lot better than that. Mr. Andrews I am going to do more than write them a letter. I think for, a point of clarity so there is no misunderstanding and I've lost the sense of the motion that the Commission adopted but in reference to the sensory garden. Let's make su.e that Stone is authorized to design that and get it under way. Mr. Plummer: That's already been approved. Mrs. Gordon: Yea, but Mr. Manolo wasn't here and I think for his benefit we ought to reiterate it. Mayor Ferre: I'll tell you will the record reflect $20,000.00 ---- that Commissioner Reboso votes "yes" on the $20,000.00 for the sensory garden in the Bicentennial Park as outlined in the discussion today. Mrs. Gordon: In instructions to Mr. Stone , Mr. Andrews would you please--- I don't know whether he's still here or not. Oh good. I would like to ask you Mr. Stone - how large an area does that park encompass in acreage ? Mrs. Gordon: Is that all? Mayor Ferre: 15,000 square feet. Mrs, Gordon: Well, I would strongly inadequate from this standpoint of really that is needed and I do believe and I ask them to sit down, some hand rails as well if possible that you can stretch it up to be more satisfactory. recommend that it be enlarged. That is totally of really incorporating any of the amenities you to please consider some benches, a place for as the audio portions as I mentioned before and three quarters of an acre I believe that would Mayor Ferre: All right. Mr, Andrews anything else on this item. 42 Jul. 221975 Mayor Ferret Now, let's . take up tt mD number t /si which is the tits' .acquisition the .-r-= Nciw Mr. Paul yore veto writing out something or other ....in Have you get typed up. Gnat's another ptoot to you of the ettteienty of the City of Miami wh tth yoit ate always knocking. Mr. Plummer: *lost always knockingt Mayor Verret Danny is, took at this you wouldn't get that quick eervice from Metro. All typed up and ready to go. (The Mayor reed the resolution as later on adopted in the meeting) Mr, tloydt Now, Mr. Mayor you til1 note that this is a -long resolution and t think so the intent is clearly expressed among everybody at the risk at taking time. I wonder if I might be permitted to read it. With all of the whereas tlauseo in there, Mayor Ferret Go ahead read it. 04r, Lloyd then reads the resolution into the record), All tight. Father Gibson hovel it. Who seconded it? Mts. Gordon: I'm seconding it beeauae I realize that by doing this it's the only way the Supreme Court is going to know that they are sitting there illegally operating and planning to expend an illegal operation. And if we don't get it in this way we want get it in at all. Am I right Mr. Lloyd in that? There is no other you can inform the Supreme' Court. Mr. Lloyd: No other way. Mayor Ferre: I tell you my heart is warm for the togetherness. Really this is a great day for me. Mrs. Gordon: Oh my god you can't stand it Maurice: Mayor Ferre: I don't know what I'm going to do now. I'm going to have to take the rest of the week off. - Mr. Lloyd, does this now (because the last time I voted on this ) I'm ignorant, I am not a lawyer. I thought we done all of this and then I find out from that we couldn't and hadn't and all of this. Now, on the record Mr. Lloyd if this thing passes does this, is there anything that precludes you now from moving on purchasing those four pieces? Mr. Lloyd: Only the court that's all. In the event that the court denies me the permission to file but this doesn't --- the Commission has directed me to proceed. Mayor Ferre: I don't want to hear next week that we are almost set but we got to other things to do. Mr. Lloyd: No sir. Mayor Ferre: Ok in other words this is your full authority to go to the court and ask for the taking and get the appraisals in and go to court and put the money down and it's our property. Is that -- Mr. Lloyd: This petition will be filed this week. That's the petition for requesting permission to file the declaration of taking -that'll be filed this week. Mayor Ferre: And then we are going to take those properties and they are going to be our property within the next --- Mrs. Gordon: If the courts permit us. Mayor Ferre: If the courts permit us. Mr. Lloyd: Right. That's right. Mayor Ferre: But once the courts say yes you got the right to take. We're going to go down there put the money and take the land. Is that right? Mr. Lloyd: What we do is, here is the procedure. Assuming that we get permission to file thedeclaration of We file that then there will be a hearing scheduled and when you file the d e c l a r a t i on of t ak inncording to the status there is a statutory notice period and then the hearing is set up at that time we present what is known as a good faith appraisal which is a preliminary appraisal as to the value of the property that our appraisal thinks it's worth at that time, Solely for the purpose of determining the amount which we place in the registry of the court for these parcels. When the court accepts that we then place that amount in the registry of the court. Now that amount may be drawn upon by the FEC if they don't appeal, If they touch that money they've waived any right to appeal, 4 3 JUL 2 21975 Mrs. Gordon: if they appeal then it goes to the aim route at the Mr. Lloyd hen it gees the mutt.. RUM, Mts. Gordon: it goes all the way ttp to Titi t itumse ` tut 1: it ittom tli:tt theu that's where the Supreme court will become Mate of the other problem. Right? Mt. 'Lloyd: Right. Mt. Plummer: Let me get to the bottom line. Ate We doing everything humanly possible that we can to proceed in the right direction? You know of nothing else that we tan explore/ ( Mt. Lloyd lto, t do Clot). Mts. Gordon: Now in the event that they don't appeal and we do take this property. How are you going to inform the Supreme Court about them illegality of operation? Mr. Lloyd: Now retnetnber we are also filing a Motion for summary in the judmettt other- in the court and depending upon hot. that goes a.depends upon Whether an appeal one way or another Bright be taken from that? Mrs. Gordon: You mean to stop their operation. Mr. Lloyds Now if we get a summary judgment they'll take an appeal from that one. Now, if we don't get one we can appeal. We have to go to a final hearing but well move on the final hearing as expeditiously as possible. Mayor Ferre: Any further discussion? Call the roll. Mr. Reboso: Mr. Mayor even though I was not here present this morning. I am full)? aware of the facts and I have spoken with Mr. Lloyd a few times regarding this item. So I vote yes. (Prior to voting) The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-692 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY OF THE CITY OF MIAMI TO TAKE ALL STEPS NECESSARY TO PROCEED AS EXPEDITIOUSLY AS POSSIBLE WITH THE LITIGATION IN THE MATTER OF CITY VS. FLORIDA EAST COAST RAILWAY COMPANY, CIVIL ACTION NO. 71-17071, IN ACCORDANCE WITH THE FINDINGS AND DETERMINATIONS OF THE CITY COMMISSION AS HEREIN EXPRESSED. (Here fellows 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 Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES; None. 44 JUL, 2 21975 Mayor Perm In voting 1 want to thank all of my fellow Coettmiasioetefs and administration and eapetially, Mrs tlbyd and Mrs Dan Paul and the other attorneys that are acting as an advisory board for their interests their concern. I really moat say that this is one of the great days for this city. tam happy to be hitting here as Mayor of this city. I think today the three things that we've done and hopefully the fourth that we've accomplished today is one of the best accomplishment that we've had in some years. Se t'm very happy to vote yes. Mr. Plummer: I don't think I've ever sat at a Commission meeting where we took' in one day and spent its access of it million dollars. Mayor Ferret Yea, but i night point out i.I. that this has been two years in the taking. Mr. Plummer: t understand. We'd like to spend more but use don't have the opportunity. Mr. Andrews: Mr. Mayor and members of the Cotniasion there are two tore motions you should make in reference to this subject matter. One is urging that the State Department of Transportation take immediate action to proceed through our plan with the acyuistion of the right of way. Mayor Ferre: Who moves that? This is a motion to the State Road Department to move. Mrs. Gordon: I'll move that. Mayor Ferre: Mrs. Gordon moves. Father Gibson seconds. Further discussion call the roll. Mr. Plummer: I don't know that I like that motion. Paul what you are saying is that you feel that it is absolute necessary that that street must be widened. Why would we encourage them to widen? Mayor Ferre: Because it's long overdo, essential to traffic flow. Mr. Andrews: They want a beautification of the area. Mrs. Gordon: Five years Mayor Ferre: I tell you I think we have to go ahead and fight that like away J.L. if they start now.... Mr. Plummer: I am going to vote yes with a reservation if that's possible. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-693 A MOTION OF INTENT TO URGE THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROCEED IMMEDIATELY WITH THE ACQUI- SITION OF, RIGHT OF WAY FOR WIDENING BISCAYNE BOULEVARD IN THE BAYFRONT PARK AREA AND THE PROPOSED BICENTENNIAL PARK AREA. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote; AYES: Commissioner Manolo Reboot, Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.I,.Flummer Mayor Maurice A. Ferro NOES. None. Mayor Ferre; Now, what's the other one? Mr, Andrews; The other one is do you consider this whether you want any motion or even two more and that is urging Metropolitan Dade County and a1sog the Governor or through the State participation in this whole promo of easemb .ing' and acquiring this property Mr, Plummer; l have no objection and I'll move it but i don't think a resolution do JUL 221076 the appropriate uty to do it. Mayor Petrel Paul, I think that's just the beginning. Mr. Andrews: its intent at this time. Mrs Plummer; Because I think that we've got to go make up personal. Mr. Andrews: tell, its' to have Metropolitan Dade County and the State beoome involved in this matter and the Commission may have to look to them for various kinds of assistance. Mr. Plummer: Ok. I move it. Mrs. Gordon: I'll second it. But 1 want to re-emphasize something that we did not do before when we moved a resolution. We moved it. We sent them a pike of paper and they tabled it somewhere in file # 13 and that wee the end of it. I would like to see you and whoever else wants to go from the City government to them and demand that we be placed on an agenda. Both on the County and State level that toe be heard vocally, though I still get nowhere. Mayor Ferre: All right. Make that part of the motion. 1a there further discussion on that motion? Ca11 the roil. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-694 A MOTION OF INTENT TO URGE THE STATE OF FLORIDA AND METROPOLITAN DADE COUNTY GOVERIMENTS TO PARTICIPATE ALONG WITH THE CITY OF MIAMI IN ITS ATTEMPTS TO DEVELOP ITS PROPOSED BICENTENNIAL PARK. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo F.eboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. Father Gibson: Mr. Mayor, I hope that what Mrs. Gordon says carries with it the sense that the Mayor, who is the leader will make the presentation. Mayor Ferre: Father, I've begun to qualify and I'll be there. Father Gibson: Well, I mean publicly, Man you know. Mrs. Gordon: At a public meeting he Means. Mayor Ferre: Is there anything else? Mr. Plummer: Mr. Mayor, will you adjorn that Special Meeting and call another one? ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at: 12:55 O'Clock P, M. MAURICF A. FEARE Mayor ATTEST; H. D. SOUTHERN City Clerk RAL1'i G, QNGIE Assistant City Clerk Or the 2 nd bay of July, 1975 the City Commission of Miami, Piorida t toftvened at 12255 P.M. at its regular meeting place at City Hall in said City in Special Se801.0n. Mayor Ferret I am new calling another Spatial Meeting under my right as Mayor for an emergency ordinance amending appropriation ordinance no. 8316 by appropriating the sum of $15,000 to Coconut Crove Cares from the Publicity fund blante, for the purposes of aeturing nationwide television coverage on the aide world of sports for the City of Miami's Boxing Program, Who sakes the action? r. Plummer: I'll offer the motion. Mrs. Gordon: I'll second it. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 8316 BY APPROPRIATING THE SUM OF $15,000 TO COCONUT GROVE CARES PROM THE PUBLICITY FUND BALANCE, FOR THE PURPOSE OP SECURING NATIONWIDE TELEVISION COVERAGE ON THE WIDE WORLD OP SPORTS FOR THE CITY OP MIAMI'S BOXING PROGRAM ON JULY 26, 1975; REPEALING ALL ORDINANCES AND CODE SECTIONS IN CONFLICT THEREOF, INSOFAR AS THEY ARE IN CONLICT, CONTAINING A SEVERABILITY PROVISION; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement of reading sane on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gordon, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose. Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: tone. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8428. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. Mr. Plummer: Mr. Mayor, May I please request that all of you be at the Marine Stadium on Saturday afternoon no later than 4. The program starts at 2 but the live coverage starts at 5, the Marine Stadium, I ask all of you please to be there and invite all the public there. Thia is an hour and twenty minutes of national coverage live Saturday afternoon, The program itself starts at 2, which you are invited for, but I want to :cake sure that all of the Commissioners are there no later than 4. Mayor Ferre; Saturday at 4, Now, Paul --Mr. Andrews, tomorrow we have under our offices to a great extent, the Puerto Rican Folklore Ballet.I want to remind you all of that. Now,their Tampa triphas been cancelled and they would now like to make a one further presentation in Dade County and open it to the public so that people can go there for free, Mainly for the poor people who can't afford to buy tickets. And I think that's a great thing and they are caking whether they can have it Roberto Clemente Park. I don't think so, because it might rain, there is gust no facilities there, 47 JUL 22 1$75 Mr . Plummer: that about Cuelhan , Hall? Mayor Ferret l thinly that Dittee Ve Ate now the MIMS of CUOMO Hahn-- we Me going to be the ownerea-- mould the future auk the preSett owner please t itether or not tae would like to have this opened for that purpose. And if that's not exceptable to Mr. Cuaaian then the auditorium. Our old auditorium-- the Sayfrbnt Auditorium. Mr. Plummer: All right Mr. Mayor, may l bring up ofte other matter for clarification? Mayor Parte t Some day when we have Dinner Rey fitted up we tan have them there. Mt. Plummer: Don't hold your breath. Mr. Mayor, l have orie matter to clear up. Mr. Manager, when Bob Simea was here the other day. Otte of the reaueete that he had web that the city take available to them a store front down in the area so designated. It was my intent l would like to ask the intent by a motion of the rest of the Commieston that that storefront be provided to them at city expense. Was that understood? Mr. Andrews: yes. That was my understanding that we were going to find the money to try to provide this storefront and utility cost and the other things necessary to get it going. Mr. Plummer: Oh Well, then he said that there was some problem within the admin- istration that it was not understood; Mr. Andrews: No, Oh no Mr. Plummer: It is understood that the city would -__- Ok, fine. Mayor Ferre: Now, ladies and gentlemen one other thing. Y want to mention this while Plummer is here. Listen. The Rowing Regotta that we had there on Sunday. Saturday all right the chairman of that thing, Cesar told me the contrary to the motion passed by the commission that they got absolutely no cooperation from the city other than the facility. I told him that I wanted him to come here and —personally tell us the runa- round that he got. He said, that everything was nothing but stumbling blocks. No, no to everything. The transportation They sent him a bill for $800.0O on it and I said, well you come here and talk to us about it. Mr. Andrews: Mr. Mayor and Members of the Commission. I will not be available the balance of this afternoon. Mr. Crouch will be in case there is anything that any of you need. Mr. Plummer: Mr. Mayor, this presentation that I will make to now is on behalf of a school for MenLally Retarded Children in Calley Columbia. It is nothing that is really gorgeous or out of line. But it is something that is made by the children and they wanted me to present this to you for the City of Miami to display. They are very proud of it. It's handicraft that was made by the Mentally Retarded Children and I would like to present that to you now. ADJOURNMENT There being no further business to come before the City Ci mission, on motion duly made and seconded, the meeting was adjourned at: 1:05 O'Clock P. M. ATTEST: H. D. SOUTHERN City Clerk RALPH G. ONGIE Assistant City Clerk MAURICE A. FERRE Mayor 48 JUL221975